Building by the rules: A crash course for federal technologists

In the previous section, we discussed the types of policy and a case study on FindSupport.gov that we will use to frame the remainder of this guide. Now, we will focus on the Paperwork Reduction Act (PRA) by covering why it exists, when it applies, tips for designing research studies with PRA in mind, and user research insights from the FindSupport.gov team.

What is the PRA?

The PRA is a federal law designed to “maximize the practical utility and public benefit from information collected by and for the Federal government.” In other words, the PRA asks: “How might the federal government reduce burden on the public?”

Why the PRA exists

At a high level, the PRA reduces burden on the public by:

• Discouraging redundant information requests
• Managing the information agencies can request from the public
• Stressing meaningfulness and accuracy
• Allowing government to assess how its collecting information
• Protecting information privacy
• Helping agencies make decisions based on high-quality data

The Paperwork Reduction Act of 1980 established a broad mandate for agencies to perform their information activities in an efficient, effective, and economical manner. Amended during the Clinton administration, the PRA focused on reducing public burden and established the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB). As President Clinton explained during the Act’s signing ceremony, he saw the PRA as a way to reduce the number of time-intensive forms that small businesses and the public are required to complete.

Alt text: In the picture on the left, former President Clinton points to a thick stack of three large white binders full of papers that make up one federal government information collection process. In the picture on the right, he holds up a floppy disk to illustrate the contrast in time and burden.

Understanding when PRA applies

A PRA clearance is approval to conduct an information collection activity. Relevant examples of information collections include:

• Reports
• Forms
• Applications
• Surveys
• User interviews
• Focus groups
• Public disclosures
• Recordkeeping requirements

The following scenarios describe circumstances when PRA clearance may be needed.

• Speaking with more than 10 people at a time
• Voluntary, mandatory, or necessary requests for the public’s information
• Research studies and focus groups with the same set of structured sets of questions
• Asking demographic information

For more information about the PRA, check out PRA.digital.gov and connect with your agency’s PRA contact.

Recent guidance on PRA

In April 2022, the Office of Management and Budget (OMB) published a memo, M-22-10, Improving Access to Public Benefits Programs Through the Paperwork Reduction Act (PDF, 616 KB, 18 pages), about how to improve access to public benefits programs through the PRA. As we mentioned in the last post on types of policies, OMB guidance clarifies the PRA and how agencies should embrace the law. Specifically, the guidance in the memo affirmed that conducting research is not a violation of the PRA. OMB recommended that agencies “use leading design practices to assess, evaluate, and then improve forms and information collection experiences.”

OMB offered the following tips for designing research studies with PRA in mind:

• Use direct observation (usability testing and card sorts)
• Ask open-ended questions (consider using Touchpoints to create and manage surveys)
• Limit studies to fewer than 10 participants at a time (assuming that 10 participants does not represent the majority of the population you are surveying)
• Avoid questions asking for personally identifiable information (PII), including demographic information
• Focus on digital service delivery and customer experience
• Consider multiple studies and embrace agile development practices
• Information collection from federal employees or federal contractors is exempt

Understand how your agency approaches PRA

Each agency may manage PRA differently and have their own resources to help people understand and navigate the PRA clearance process. For example, the 18F User Experience Guide offers a legal section that covers the PRA based on shared understanding between 18F, GSA’s Privacy Office, and GSA’s Office of General Counsel. It is worth seeing if your agency holds similar resources including but not limited to an internal guide, a service blueprint describing the PRA process, or tips on designing research studies.

Conclusion

The spirit of the PRA aligns closely with digital service delivery goals to improve the public’s digital experience. As government web and digital practitioners, it is important to understand how and when PRA clearance may be required to understand and better meet user needs.

In the next section, we will discuss another key federal statute for government web and digital practitioners: Section 508 of the Rehabilitation Act of 1973.