5 Key Facts About Information Collection Under the PRA
The Paperwork Reduction Act (PRA) was established to minimize the burden of federal paperwork on the public while ensuring the collection of necessary information. Here are five key facts about information collection under the PRA that every organization and individual should know:
1. Purpose and Scope of the PRA
The primary goal of the PRA is to:
- Minimize Paperwork Burdens: It aims to reduce the amount of paperwork the public has to deal with, enhancing efficiency.
- Ensure Quality of Information: The Act ensures the collection of accurate, relevant, and timely information from the public.
- Applicability: The PRA applies to all agencies, federal contractors, and grant recipients that collect information for federal purposes.
Information Collection Activities
Under the PRA, information collection includes any method used to obtain information from ten or more individuals or entities. This covers:
- Forms
- Interviews
- Surveys
- Focus groups
- Any other data-gathering tools
💡 Note: Even if you're not a government agency, if you're collecting data on behalf of one, the PRA applies to you.
2. OMB Approval Process
The Office of Management and Budget (OMB) oversees the PRA compliance process through:
- Submission of Packages: Agencies must submit their information collection requests (ICRs) to OMB for approval.
- Public Comment Period: A minimum of 60 days public comment period is required before OMB makes a decision.
- Approval Duration: OMB assigns an OMB Control Number and expiration date to approved ICRs.
- Justification: Agencies need to justify why the information is necessary, how it will be used, and estimate the burden it will impose.
OMB's Review Criteria
OMB reviews ICRs based on:
- Necessity of the information
- Burden imposed on respondents
- Steps to minimize burden
- Data quality and consistency
📝 Note: If changes are made to an approved collection, a new or revised OMB approval is typically required.
3. Burden Estimates and Public Notices
When estimating the burden:
- Hours per Response: Agencies must estimate the average time required to complete the information collection.
- Annual Burden Hours: The total annual respondent burden is calculated and reported to OMB.
- Respondents: Agencies estimate the number of respondents per year.
Public Notices
Information collection efforts must:
- Include public notices in the Federal Register detailing the collection, its purpose, and burden estimate.
- Provide a contact for public comments and questions.
📚 Note: Public notices must include the OMB control number and expiration date if already approved.
4. Privacy and Security
The PRA ensures privacy and security by:
- Privacy Impact Assessments (PIAs): Agencies must perform PIAs for new systems that collect personal information.
- Compliance with Other Laws: Collection efforts must comply with laws like the Privacy Act of 1974 and the E-Government Act of 2002.
- Security Measures: Agencies must take measures to protect the data they collect from unauthorized access or breaches.
🔐 Note: Ensuring data security is not only an ethical responsibility but also a legal requirement under the PRA.
5. Penalties and Enforcement
Non-compliance with the PRA can result in:
- Fines: Federal agencies can be fined for violating the Act.
- Revocation of Approval: OMB can revoke approval for non-compliant information collections.
- Legal Actions: Private citizens can take legal actions against agencies for unnecessary or excessive information collection.
The key to avoiding penalties includes:
- Proper estimation and justification of burden hours
- Timely submission for OMB approval
- Adherence to all requirements regarding privacy and security
Understanding these facts about the PRA helps organizations comply with its requirements while conducting information collection. By following these guidelines, agencies ensure efficient, lawful, and secure data collection practices.
Who must comply with the Paperwork Reduction Act?
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All federal agencies, contractors, and grant recipients that collect information on behalf of the federal government must comply with the PRA.
What information is considered “collectible” under the PRA?
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Any method used to obtain information from ten or more individuals or entities, including forms, interviews, surveys, and focus groups, falls under the PRA.
How long does it take for OMB to approve an information collection?
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The approval process includes a 60-day public comment period and can take longer, depending on the complexity and potential changes requested by OMB.
What are the consequences of non-compliance with the PRA?
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Non-compliance can result in fines, revocation of OMB approval, and potential legal actions by affected individuals or groups.
Can changes be made to an approved collection under the PRA?
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Yes, but changes typically require a new or revised OMB approval to ensure they align with the PRA’s principles and requirements.
