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1 [1] (May 22, 2024)

handle is hein.crs/govepdn0001 and id is 1 raw text is: Congres&on I Research SerVc informing I iej~ live de )ate o IS 14 May 22, 2024 Burden and the Paperwork Reduction Act: An Overview A fundamental purpose of the Paperwork Reduction Act (PRA)-codified at Title 44, Sections 3501-3521, of the U.S. Code-is to minimize the burden that federal information collections impose on the public. Agencies must often collect information to fulfill their missions and must identify the practical utility, or usefulness, of collecting such information. At the same time, these collections also represent a burden to the public that can be measured in terms of time, effort, and financial resources. The PRA attempts to reduce information collection burdens by establishing an overarching framework for information resource management (IRM). IRM is defined as the process of managing information resources to accomplish agency missions and to improve agency performance, including through the reduction of information collection burdens on the public. The PRA centralizes responsibility for government-wide IRM policies and the reduction of information collection burdens with the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB). The effectiveness of the PRA at reducing burden has been a topic of congressional oversight. The Government Accountability Office (GAO) has also reported on various aspects of the PRA's implementation. This In Focus provides an overview of burden in the context of the PRA, including how it is estimated and efforts to reduce it. Burden 'n Context Burden occurs within the context of a collection of information. The PRA defines collections to include requirements or requests from or on behalf of an agency for 10 or more persons to provide information through identical questions, recordkeeping, or disclosures to the public or a third party. Persons in this context includes individuals, businesses, organizations, state and local governments, and territories. Collections may be in any form or format and include electronic or automated methods. For more on federal collections of information, see CRS In Focus IF11837, The Paperwork Reduction Act and Federal Collections of Information: A Brief Overview. Defining Burden. The time, effort, and financial resources required to respond to an information collection-or burden-includes reviewing instructions; acquiring, installing, and utilizing technology and systems; adjusting the existing ways to comply with any previously applicable instructions and requirements; searching data sources; completing and reviewing the collection of information; and transmitting, or otherwise disclosing the information. Burden can be incurred in any information collection, whether mandatory, voluntary, or required to obtain or retain a federal benefit. Under OMB's regulations, the time, effort, and money to comply with a collection requirement that would be incurred by persons does not constitute burden when an agency can demonstrate that such activities are usual and customary. Additionally, burden would not be imposed in a federally required collection carried out by a state, local, or tribal government if the federal agency can show that the state, local, or tribal collection would be necessary even in the absence of a federal requirement. For example, the Department of Labor stated that the burden of a certain information collection it conducts is minimal because the collection activities (e.g., maintaining records) are a necessary part of normal state labor exchange operations. Managing Burden. The PRA establishes requirements for agencies' information collection activities and expects that agencies will manage information to reduce information collection burdens. At different times, the PRA has assigned different roles within agencies with these responsibilities. Statute currently assigns agencies' chief data officers (CDOs) with carrying out the PRA's agency- level information collections and general IRM responsibilities. CDOs have several functions under statute related to agencies' data management and data use. Burden Estimates The PRA tasks OMB with reviewing and approving information collections that agencies seek to conduct. Under the PRA, agencies must develop specific, objectively supported estimates of burden as part of their activities to develop information collections. Agencies submit these estimates to OIRA as part of their supporting statements- which include responses to a standardized list of 18 questions-when seeking OIRA's approval of an information collection. Hours and Costs. Agencies estimate burden for information collections in terms of burden hours and burden costs. Burden hours are a product of (1) the number of respondents, (2) the frequency at which responses are provided within a year, and (3) the average time to provide a response. This results in total annual burden hours. GAO has reported that agencies largely rely on existing data to estimate burden hours, including historical data, other data available within an agency, third-party data, and research studies. In the absence of existing data, agencies may rely on their professional judgment. Agencies are also instructed to calculate the cost of burden hours to respondents by identifying and using appropriate wage rate categories. Separate from wages, agencies also estimate burden in terms of (1) total capital and start-up costs and (2) total costs for operations and maintenance and the purchase of services. Examples of these costs include technology, system, and storage acquisitions and for testing and monitoring equipment.

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