Federal Data Collection Clearance and Comment Process

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Federal Data CollectionClearance and Comment
Process

• February 2006

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Topics

• What is the Federal Register?
• What are the legal requirements?
• Who Can Comment?
• Daily Updates
• Event Timeline
• What to look for

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Topics (continued)

• Where do I find the information collection
  submission document
• On what can I comment?
• How do I comment?
• What are suggestions for managing the comment
  process?
• Questions?

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What is the Federal Register?

• The Federal Register is an official daily
  legal publication that informs citizens of
• - Rights and obligations
• - Opportunities for funding and federal benefits
• - Actions of Federal agencies for accountability
  to the public

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What are the Legal Requirements?

• Federal Register Act (Title 44 U.S.C.
  Chap. 15)
• The Federal Register Act established the basic
  legal structure of the regulatory system
• Central location for filing documents for public
  inspection
• The daily Federal Register a single, uniform
  publication for Executive Agency rules and
  notices and Presidential documents
• The Code of Federal Regulations a codification
  (numerical arrangement) of rules

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What are the Legal Requirements?

• Paperwork Reduction Act
• Public Law 104-13
• Codified in Title 44, Chapter 35, Subchapter I
• The purposes of this subchapter are to
• (1) minimize the paperwork burden for
  individuals, small businesses, educational and
  nonprofit institutions, Federal contractors,
  State, local and tribal governments, and other
  persons resulting from the collection of
  information by or for the Federal Government...

44 USC 3501 (1)
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Definition Burden

• Time, effort, or financial resources expended by
  persons to generate, maintain, or provide
  information to or for a Federal agency, including
  the resources expended for
• (A) reviewing instructions
• (B) acquiring, installing, and utilizing
  technology and systems
• (C) adjusting the existing ways to comply with
  any previously applicable instructions and
  requirements
• (D) searching data sources
• (E) completing and reviewing the collection of
  information and
• (F) transmitting, or otherwise disclosing the
  information

44 USC 3502 (2)
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Definition Collection of Information

• The obtaining, causing to be obtained,
  soliciting, or requiring the disclosure to third
  parties or the public, of facts or opinions by or
  for an agency, regardless of form or format,
  calling for
• (i) answers to identical questions posted to, or
  identical reporting to recordkeeping requirements
  imposed on, ten or more persons, other than
  agencies, instrumentalities, or employees of the
  United States.

44 USC 3502 (3)
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How do I register to receive daily email updates?

• To receive daily Federal Register e-mail
  updates click on
• http//listserv.access.gpo.gov/
• Subscribe by clicking on online mailing
  list archives, then FEDREGTOC-L and completing
  the subscription form. An email message with a
  confirmation code will be sent to the address to
  confirm your identity.

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CCSSO Service

• As a service to Forum members, the Council of
  Chief State School Officers (CCSSO) staff
  forward collection alerts to the Forum Members
  listserv that are sent out on the Education
  Information Management Advisory Consortium
  (EIMAC) listserv.

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Who Can Comment?

• Any member of the public can comment.
  However, organization leaders may want to
  consider managing their comments to prevent the
  possibility of overwhelm the process.

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What do I look for?

• OMB 83i
• Paperwork Reduction Act Submission Form (OMB 83i)
• http//www.whitehouse.gov/omb/inforeg/83i-fill.pdf
  
• Supporting Statement
• Requirement
• Purpose
• Automation
• Duplication/Overlap
• Small Business Impact
• Scale back Consequences
• Special Circumstance
• Comments and Responses
• Respondent Remuneration
• Confidentiality Assurance

• Sensitive Questions?
• Hour Burden Calculation
• Annualized Cost Estimate
• Federal Cost
• Reason for Program Change
• Tabulation Publication Plans
• Expiration Date Exception
• Other Exceptions Explanation

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Event Timeline
Federal Program Office Designs Collection
Program Office Completes OMB 83i
60-Day USED Comment Period
USDE Responds to Comments (Revisions)
30-Day OMB Comment Period
USDE Responds to Comments (Revisions)
OMB Approval
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Where do I find the collection document to be
reviewed?

• Federal Register Index
• http//www.gpo.gov/su_docs/aces/fr-cont.html
• The table of contents at the beginning of every
  Federal Register is organized alphabetically by
  agency (e.g., Education Department). It lists
  all documents in the issue, including page spans.
• Federal Register Notice
• To access the Federal Register notice click on
  the text or PDF link. The notification provides
  an overview of the proposal.

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Education Data Information Collection System
(EDICS)

• The information collection for review may
  also be accessed from http//edicsweb.ed.gov by
  selecting the Browse Pending Collections link
  and by clicking on the link number associated
  with the collection package. Next, click on
  Download Attachments to view the file
  attachments for the collection package.

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Attachments for Collection Package

• For example, file attachments
• might include
• Consolidated State Performance Report (CSPR)
• The 60-day FR notice published Sep 20, 2005
• The 30-day FR notice published Dec 12, 2005
• OMB 83i, Paperwork Reduction Act submission form
• Supporting Statement
• Proposed information collection document to be
  reviewed
• Summary of CSPR Comments and Responses

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On What Can I Comment?

• Whether the proposed collection of information is
  necessary for the proper performance of the
  functions of the agency, including whether the
  information shall have practical utility.
• The accuracy of the agencys estimate of the
  burden of the proposed collection of information.
• The quality, utility, and clarity of the
  information to be collected.
• 4. Are there less burdensome ways to collect the
  information, including through the use of
  automated collection techniques or other forms of
  information technology?

44 USC 3506 (c) (2)
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How Do I Comment?

• There is no standard format for the comments
  however, comments should address the 4 main
  areas. In the past, some states have sent
  comments as formal letters, some as simple
  documents, some as e-mails.
• Each Federal Register Notice contains an e-mail
  address indicating where to send comments.

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What are the Suggestions for Managing the Process?

• Select someone to monitor the register who has
  good general knowledge of the work of the agency
• Work with the monitor to develop a formal process
  for monitoring data collection announcements on
  the Register
• Review data collections on a regular schedule
• Concentrate on items from the Department of
  Education, paying particular attention to the
  items highlighted in information from CCSSO
• Collaborate with the EDEN coordinator and with
  the data stewards in areas related to an
  announcement to review collection documentation
  and develop comments
• Summarize comments in a document to be sent to
  the USDE within the 60-day comment period by the
  Secretary/Commissioner
• Share comments with other states

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What are the Suggestions for Managing the Process?

• Also, develop a process for monitoring grant
  opportunities in the Register
• Present review processes to agency leadership and
  have leadership sign off on processes
• Develop Federal Register training modules to be
  included in agency leadership, Federal Register
  monitor, EDEN coordinator, and data steward
  training

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Upcoming OMB Reviews

• March/April - guidance about collecting and
  reporting race/ethnicity data should be out for
  public comment
• Early May - 2006-07 EDEN data elements, including
  a summary of how USDEs current collections will
  be affected by EDEN