MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS
AND ESTABLISHMENTS

FROM: Alice M. Rivlin

SUBJECT: Implementing the Information Dissemination Provisions
of the Paperwork Reduction Act of 1995

The Paperwork Reduction Act of 1995 (PRA), P.L. 104-13, which amends 44 U.S.C. Chapter 35 and becomes effective October 1, 1995, sets forth policies governing Federal agency dissemination of public information. Section 3506(d) of the PRA codifies the information policy provisions of OMB Circular No. A-130.

The attached Memorandum from the Administrator of the Office of Information and Regulatory Affairs reviews some of the major information policy provisions of the PRA and provides guidance as to their implementation. Agencies should consider this guidance as they review their information dissemination practices for compliance with the PRA and Circular A-130.

MEMORANDUM FOR AGENCY SENIOR INFORMATION RESOURCES
MANAGEMENT OFFICIALS

FROM: Sally Katzen

SUBJECT: Implementing the Information Dissemination Provisions
of the Paperwork Reduction Act of 1995

Introduction

The Paperwork Reduction Act of 1995 (PRA), P.L. 104-13, which amends 44 U.S.C. Chapter 35 and becomes effective October 1, 1995, sets forth policies governing Federal agency dissemination of public information. Section 3506(d) codifies the information dissemination provisions contained in OMB Circular No. A-130. 58 F.R. 36070 (July 2, 1993), reprinted at 59 F.R. 37906 (July 25, 1994). Circular A-130 articulates the policies, principles, standards, and guidelines which apply to Federal agency dissemination of public information, regardless of the form and format in which such information is disseminated.

Section 9.a(11) of Circular A-130 provides that the head of each agency shall direct the senior official appointed pursuant to the PRA to monitor agency compliance with the Circular. Among other things, the senior official, acting as an ombudsman, is to consider alleged instances of agency failure to comply with the Circular and recommend or take corrective action as appropriate.

This memorandum is intended to assist agencies in reviewing their information dissemination practices for compliance with the PRA and Circular A-130. Particular attention is focused on several areas where questions of applicable policy have been raised. Except for the discussion of international relationships (which is new), this memorandum highlights explanatory material contained at Appendix IV of the Circular.

Agency responsibilities for dissemination

Section 3506(d) of the PRA makes agencies responsible for carrying out sound information dissemination practices consistent with the principles enunciated in the Act and any guidance issued by the Director pursuant to Section 3504(d). One of the major goals of the Act is to encourage a diversity of sources for information based on government public information. It recognizes that State and local governmental entities, the information industry, libraries and educational institutions, and other entities are partners in promoting the use of government information for the maximum benefit of society. Two areas where questions have been raised involve the need for agencies to communicate with the public regarding their dissemination plans and the use of intermediaries to help accomplish their dissemination goals.

First, agencies' responsibilities for dissemination include an active knowledge of, and regular consultation with, the users of their information dissemination products. A primary reason for communication with users is to gain their contribution to improving the quality and relevance of government information -- how it is created, collected, and disseminated. A key part of communicating with the public is providing adequate notice of agency information dissemination plans.

The decision to initiate, terminate, or substantially modify the content, form, frequency, or availability of significant products should trigger appropriate advance public notice and consideration of public comments. Where users of an agency information dissemination product may be seriously affected by the introduction of a change in medium or format, or where members of the public indicate that an existing agency product is important and necessary to them, the agency should consider these views before instituting significant change or deciding to terminate the product. Because agencies' information dissemination actions often affect other agencies as well as the public, agencies should also forewarn and consider the views of other agencies about significant actions. Determination of what is a significant information dissemination product, and what constitutes adequate notice, are matters for each agency to determine, using its informed judgment. In all cases, agencies should clearly communicate their decisions to the interested public.

Second, in some circumstances, agencies may legitimately wish to use the services of private contractors or other governmental entities to assist in fulfilling their dissemination responsibilities. For example, the Commerce Department's National Technical Information Service assists many agencies in making available on-line access to agency data through the FedWorld system, as does the Economics and Statistics Administration's STAT-USA system. Similarly, the Government Printing Office has been assisting agencies in developing and marketing compact disk-read only memory (cd-rom) products containing agency regulatory and other information intended for wide distribution, including through the depository libraries.

As Appendix IV of Circular A-130 states, when an agency uses an intermediary to assist with information dissemination, it should take care not to impose, or permit the intermediary to impose, restrictions that interfere with the agency's discharge of its information dissemination responsibilities. Any contractual terms should assure that, with respect to dissemination, the contractor behaves as though the contractor were the agency.

In all cases, agencies are ultimately responsible for their dissemination practices, and should monitor the activities of their intermediaries as necessary to determine compliance with the PRA and Circular A-130. If the relationship is structured in a manner intended to ensure compliance with the PRA and Circular A-130, such oversight should be relatively straightforward.

Agencies should also consider other statutory responsibilities, such as those under the Freedom of Information Act, when developing their information dissemination strategies. For example, when an agency determines that certain information is subject to repeated Freedom of Information Act requests, affirmatively making that information available, either directly or through an intermediary at the cost of dissemination, will likely substantially reduce the FOIA burden on the agency.

Cost of dissemination

Section 3506(d)(4)(D) of the PRA, and Section 8.a(7)(c) of Circular A-130, set the basic standard that agencies shall not charge user fees for government information which exceed the cost of dissemination. The cost of dissemination does not include the cost of initially collecting and processing the information.

Circular A-130 does not prescribe a specific formula for pricing government information dissemination products. However, as Appendix IV of the Circular explains, the cost of dissemination may generally be thought of as the sum of all costs specifically associated with preparing a product for dissemination and actually disseminating it to the public. When an agency prepares information for its own internal use, the associated costs would not generally be recoverable as user charges on subsequent dissemination. When the agency then prepares the information for public dissemination, the costs associated with that preparation and the costs associated with the actual dissemination are recoverable as user charges. This may include a reasonable fee for a contractor's services as an intermediary in the dissemination process. Section 8.a(7)(c)(ii) recognizes that there may be limited circumstances where the agency collects, processes, and disseminates the information for the benefit of a specific identifiable group beyond the benefit to the general public. In such cases, the agency may permissibly charge in excess of the cost of dissemination.