Paperwork Reduction Act Frequently Asked Questions
These are some of the most commonly asked questions about the PRA and the associated clearance process.
Question: Does the PRA apply to surveys when public response is voluntary?
Answer: Yes.
Question: Doesn't the PRA cause more paperwork, not less?
Answer: For government employees, yes. The objective of the law is to reduce the paperwork burden on the public. The process of trying to do that adds to government paperwork.
Question: How long does a PRA clearance take?
Answer: Plan on about 150 days or more.
Question: Is there any way to speed up the approval process?
Answer: There are provisions in the PRA and OMB's regulations for emergency processing of some requests. Such processing can be done very quickly. Approvals obtained this way are only good for up to 6 months, allowing enough time to obtain approval through the normal process. Emergency processing is only to be used to respond to circumstances that could not be foreseen and when the use of regular procedures would result in significant harm to the public or the program. Failure to plan, avoidance of embarrassment, etc., are not valid justifications.
Question: Do we need clearance for a collection done by a contractor or a state agency?
Answer: All contracted collections need PRA clearance. A collection conducted by a state agency needs clearance if VA is specifically paying the state to conduct a collection or if VA must approve a collection instruction (e.g. a form). Clearance isn't needed if the state is given money for a more general purpose and it determines the need for and content of an information collection.
Question: Do we need clearance for customer surveys?
Answer: Yes. Even if the National Performance Review encourages them, PRA approval is required.
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Question: Does the PRA affect surveys on the World-Wide-Web?
Answer: Yes, except that no clearance is needed for general invitations for comments and suggestions. The PRA DOES apply if specific questions are asked.
Question: Does the PRA affect questions at public meetings?
Answer: Not usually. No clearance is needed if the attendees are just asked to comment or give suggestions on the program or subject in question. If, however, the group is gathered for the purpose of having attendees respond to a specific set of formatted questions, then the PRA DOES apply.
Question: Does a grant recipient need PRA clearance for a survey it does?
Answer: Not usually. Clearance is only needed if the grant award requires the grantee to conduct a survey or submit the survey to VA for prior approval.
Question: What happens if I just ignore the law?
Answer: Unapproved requirements in rules cannot be enforced. You cannot punish anyone for not responding to such a requirement. The only exception is if a law specifically requires the public to submit information. For collections where the response is voluntary, mandatory or required to obtain or retain a benefit, if OMB discovers the collection it will instruct the agency to stop the collection and get clearance. Federal agencies have experienced a number of instances in which enforcement action was blocked due to deficiencies in the OMB clearance of the information collection.
Question: Doesn't some of the guidance I see now contradict previous guidance I had been given?
Answer: It is quite possible. Congress passed a new version of the PRA in 1995, and OMB then issued new regulations. Both the procedures for clearance and the applicability of the Act were changed. So advice or guidance given a few years ago may no longer be valid.
Question: Can't I conduct a collection without PRA approval if fewer than 10 respondents are involved?
Answer: The PRA does only apply to collections directed at 10 or more persons, but with one important exception. Any information requirement in a "rule of general applicability" is presumed to affect or potentially affect at least 10 persons, even if the agency expects there to be fewer respondents. A rule should be considered to have general applicability unless you can demonstrate that it would be impossible for there to ever be 10 respondents.
Question: Does a form really need to display all of the PRA information shown in the guidance?
Answer: All of the information does have to be provided to the respondent. If there are space problems on a form, or other considerations, only the OMB number and the time estimate to provide the information need to be on VA forms. The other information can be provided on an attachment, in a cover letter, in instructions, or by any similar means.
Question: Do you need PRA clearance if the respondents are foreigners or foreign governments?
Answer: You need to obtain clearance for any information you gather from foreign citizens or companies. You do not need clearance for information submitted by a foreign government, with one caveat. If the government was forced to gather information from its citizens to meet a U.S. requirement, then clearance may be needed. Ask for guidance on the specific situation.
Question: Do you need PRA clearance if you just ask people for comments on a document?
Answer: Not unless you ask people to respond to specific questions in their comments. If the comment is general, the PRA doesn't apply.
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