UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) NATIONAL WOMEN’S LAW CENTER, ) et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 17-cv-2458 (TSC) ) ) OFFICE OF MANAGEMENT AND ) BUDGET, et al., ) ) ) Defendants. ) ) MEMORANDUM OPINION Pending before the court are Defendants’ Motion to Dismiss, ECF No. 11; Plaintiffs’ Motion for Summary Judgment, ECF No. 22; and Defendants’ Motion for Summary Judgment, ECF No. 27. Having reviewed the parties’ filings, the record, and the relevant case law, the court, for reasons set forth below, hereby DENIES Defendants’ Motion to Dismiss, GRANTS Plaintiffs’ Motion for Summary Judgment, DENIES Defendants’ Motion for Summary Judgment, and VACATES the Office of Management and Budget’s stay of the Equal Employment Opportunity Commission’s revised EEO-1 form and the September 15, 2017 Federal Register Notice (Stay the Effectiveness of the EEO-1 Pay Data Collection, 82 Fed. Reg. 43362) announcing the same. It is further ORDERED that the previous approval of the revised EEO-1 form shall be in effect. I. BACKGROUND A. The Paperwork Reduction Act The Paperwork Reduction Act of 1995, 44 U.S.C. § 3501 et seq. (“PRA”), was established to “minimize the paperwork burden” that the federal government may require “for 1 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 U.S.C. § 3501(1). The statute also strives to “improve the quality and use of Federal information to strengthen decisionmaking, accountability, and openness in Government and society.” Id. § 3501(4). In striking the balance between minimizing the burden on the public and obtaining useful information for the government, Congress established a procedure in which federal agencies must obtain approval from the Office of Management and Budget (“OMB”) to collect certain types of information from the public. Under the PRA, an agency that proposes to collect information first conducts its own “evaluation of the need for the collection of information” and the burden collecting such information would create. Id. § 3506(c)(1)(A)(i). Frequently, the agency is also required to publish a “sixty-day notice” in the Federal Register to solicit comments on the agency’s proposal. Id. § 3506(c)(2)(A). After considering comments and making any revisions, the agency submits the proposed collection of information to OMB and publishes a second Federal Register notice. This notice announces the start of OMB’s review and begins a 30-day comment period. Id. § 3507(a)-(b). “In [this] notice, the agency must set forth (1) a title for the collection of information, (2) a summary of the collection of information, (3) a brief description of the need for the information and the proposed use of the information, (4) a description of the likely respondents and proposed frequency of response to the collection of information, and (5) an estimate of the burden that shall result from the collection of information.” United to Protect Democracy v. Presidential Advisory Comm'n on Election Integrity, 288 F. Supp. 3d ...
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