Coordination of Federal Information Policy

44 U.S.C. Chapter 35, titled “Coordination of Federal Information Policy,” is a key section of the United States Code that governs how federal agencies manage information collection, use, dissemination, and recordkeeping. Often referred to as the Paperwork Reduction Act (PRA) in its practical implementation, this chapter aims to minimize the burden of paperwork on the public, enhance the efficiency of government operations, and ensure proper oversight of federal information policies. It was originally enacted in 1980 and amended multiple times, including in 1995, to adapt to modern information technology and management needs.

Here’s a detailed explanation of what 44 U.S.C. Chapter 35 is and does:

What It Is

Chapter 35 establishes a framework for coordinating and overseeing federal information activities. It assigns responsibilities to the Office of Management and Budget (OMB)—specifically its Office of Information and Regulatory Affairs (OIRA)—to regulate how agencies collect, process, and share information. It also outlines the obligations of federal agencies to justify and manage their information-related activities efficiently.

The chapter is rooted in the broader goal of reducing the administrative burden on individuals, businesses, and state/local governments while ensuring that the government collects only the information it genuinely needs.

Key Provisions and What It Does

1. Purpose (44 U.S.C. § 3501):
   • Minimize the paperwork burden on the public resulting from federal information collection.
   • Improve the quality and utility of federal information for both government decision-making and public use.
   • Enhance efficiency in federal information management through better use of technology.
   • Protect the privacy of individuals and ensure compliance with laws like the Privacy Act (5 U.S.C. § 552a).
   • Coordinate federal information policies to avoid duplication and inefficiency.
2. Responsibilities of OMB/OIRA (44 U.S.C. § 3504):
   • Oversight of Information Collection: OMB reviews and approves or disapproves agency requests to collect information from the public (e.g., forms, surveys, reporting requirements) if they involve 10 or more respondents.
   • Policy Development: OMB develops government-wide policies on information management, including statistical activities, records management, privacy, and information technology.
   • Burden Reduction: OMB ensures agencies justify the necessity of information collections and explore alternatives to reduce public burden.
   • Clearance Process: Agencies must submit proposed collections to OMB for approval, including an estimate of the time and cost burden on respondents.
3. Agency Responsibilities (44 U.S.C. § 3506):
   • Each federal agency must designate a senior official (often a Chief Information Officer) to oversee compliance with the chapter.
   • Agencies must:
     • Assess the need and practical utility of any information collection.
     • Minimize the burden on respondents.
     • Ensure collections comply with privacy and confidentiality laws.
     • Publish notices in the Federal Register to solicit public comment on proposed collections before submitting them to OMB.
   • Agencies must certify to OMB that the collection meets specific standards (e.g., avoiding unnecessary duplication, using plain language).
4. Public Protections (44 U.S.C. § 3512):
   • Individuals and entities are not required to respond to an information collection unless it displays a valid OMB control number (proof of approval).
   • No penalties can be imposed for failing to comply with unapproved collections.
   • This provision empowers the public to push back against unauthorized or burdensome requests.
5. Information Dissemination (44 U.S.C. § 3504(c), § 3506(d)):
   • Agencies must ensure timely and equitable dissemination of information to the public, especially when it’s created for public use (e.g., reports, data).
   • They’re encouraged to use electronic means to improve access and reduce costs, reflecting amendments adapting to digital advancements.
6. Records Management (44 U.S.C. § 3506(c)):
   • Agencies must comply with federal records laws (e.g., 44 U.S.C. Chapters 21, 29, 31, 33) to properly maintain and dispose of records.
   • This ties into broader efforts to preserve government accountability and historical records.
7. Privacy and Security (44 U.S.C. § 3506(g)):
   • Agencies must safeguard personal information in accordance with the Privacy Act and other relevant statutes.
   • They’re required to assess and mitigate risks to information security when collecting or maintaining data.
8. Exemptions and Exceptions:
   • Certain collections are exempt from OMB review, such as those during criminal investigations, intelligence activities, or involving fewer than 10 respondents.
   • However, these exemptions are narrowly defined to prevent abuse.

Practical Implications

• Paperwork Reduction: The PRA is most famous for tackling excessive government forms and reporting requirements. For example, when a federal agency like the IRS or EPA wants businesses or citizens to submit data, it must justify the request to OMB and estimate the “burden hours” (time spent complying).
• Examples: Common activities governed by this chapter include tax forms, environmental compliance reports, grant applications, and public surveys. Each must bear an OMB control number to be legally enforceable.
• Public Input: The requirement for Federal Register notices gives the public a chance to comment on proposed collections, fostering transparency and accountability.
• Digital Evolution: Amendments in 1995 and later encouraged agencies to adopt electronic submissions and data sharing, aligning the law with the rise of the internet and e-government initiatives.

Broader Context

44 U.S.C. Chapter 35 doesn’t operate in isolation—it interacts with other laws like:

• Privacy Act (5 U.S.C. § 552a): Protects personal data collected by agencies.
• Federal Records Act: Governs record retention and archiving.
• E-Government Act of 2002: Expands on digital information management principles.

It reflects a balance between the government’s need for information to function and the public’s right to be free from excessive intrusion or inefficiency. OMB’s OIRA acts as the gatekeeper, ensuring agencies don’t overreach.

In summary, 44 U.S.C. Chapter 35 is a cornerstone of federal information policy, designed to streamline government operations, reduce public burden, and maintain accountability in how agencies handle information. It’s a practical tool for managing the vast paperwork and data demands of modern governance.