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 83iPaperwork 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 TimelineFederal Program

OfficeDesigns

Collection

Program Office

Completes OMB 83i

60-Day USED Comment

Period

30-Day OMB Comment

Period

USDE Responds to Comments(Revisions)

USDE Responds to Comments(Revisions)

OMB Approval

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Where do I find the collection document to be reviewed? Federal Register Indexhttp://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, 2005The 30-day FR notice published: Dec 12, 2005• OMB 83i, Paperwork Reduction Act submission for

m• Supporting Statement• Proposed information collection document to be

reviewed• Summary of CSPR Comments and Responses

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On What Can I Comment?

1. 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.

2. The accuracy of the agency’s estimate of the burden of the proposed collection of information.

3. 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 USDE’s current collections will be affected by EDEN