Page:United States Statutes at Large Volume 92 Part 2.djvu/1059

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2339

"(C) 'educational agency or institution' means any public or private agency or institution oifering education programs. "(3)(A) The Secretary shall review and coordinate all collection of Review and information and data acquisition activities described in paragraph coordination. (1)(A) of this subsection, in accordance with procedures approved by the Federal Education Data Acquisition Council. Such procedures shall be designed in order to enable the Secretary to determine whether proposed collection of information and data acquisition activities are excessive in detail, unnecessary, redundant, ineffective, or excessively costly, and, if so, to advise the heads of the relevant Federal agencies. "(B) No collection of information or data acquisition activity subject to such procedures shall be subject to any other review, coordination, or approval procedure outside of the relevant Federal agency except as required by this subsection and except that an aggrieved agency may seek review of an adverse action by the Secretary under subparagraph (A) by the Director of the Office of Management under the rules and regulations established pursuant to section 3509 of title 44, United States Code, and the Director shall issue a decision thereon within 10 days after receipt of the request for review. "(C) The procedures established by the Secretary shall include a review of plans for evaluations and for research when such plans are in their preliminary stages, in order to give advice to the heads of Federal agencies regarding the data acquisition aspects of such plans. "(b)(1) The Secretary shall assist each Federal agency in per- Assistance and forming the review and coordination required by this section and plan requirement. shall require of each agency a plan for each collection of information and data acquisition activity, which shall include— "(A) a detailed justification of how information once collected will be used; "(B) the methods of analysis which will be applied to such data; "(C) the timetable for the dissemination of the collected data; and "(D) an estimate of the costs and man-hours required by each educational agency or institution to complete the request and an estimate of costs to Federal agencies to collect, process, and analyze the information, based upon previous experience with similar data or upon a sample of respondents. "(2) In performing the review and coordination required by this section, the Secretary shall assure that— "(A) no information or data will be requested of any educational agency or institution unless that request has been approved and publicly announced by the February 15 immediately preceding the beginning of the new school year, unless there is an urgent need for mis information or a very unusual circumstance exists regarding it; (B) sampling techniques, instead of universal responses, will be used wherever possible, with special consideration being given to the burden being placed upon small school districts, colleges, and other educational agencies and institutions; and "(C) no request for information or data will be approved if such information or data exist in the same or a similar form in the automated indexing system required to be developed pursuant to subsection (d). "(3) Each educational agency or institution subject to a request Comments under the collection of information and data acquisition activity and