CONVERSATION WITH M(Sanitized), DDA/ISAS/RECORDS ADMINISTRATION BRANCH, 6 MAY 1976

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100210015-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 19, 2016
• Document Release Date: January 18, 2006
• Sequence Number: 15
• Publication Date: May 6, 1976
• Content Type: SUMMARY

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S.3076
6 May 19 76
SUBJECT: Conversation with
Administration hiancri, ay
DDA/ISAS/Records
S.3076 is a bill "to improve congressional oversight of the
reporting and paperwork requirements of Federal departments and agencies."
In order to confirm my impression that this bill, which amends 44 U.S.C.
3509 ("Plans or forms for collecting information; submission to director;
approval"), would have n2 _practical effect on or applicability toward
CIA, I called to obtain his opinion. The bill would require
inter alia that forms emp oyed by Federal agencies to collect information
from the public must be specifically approved every year by the Director of
the Office of Management and Budget. after consulting with STAT
I agreed with me that since 44 U.S.C. 3509 does not now
efiecz e Agency s use of forms, S.3076 likewise is not applicable and
therefore presents us with no problems. said that we do not
now submit--nor are we required to do so-- orms use in the collection or
production of intelligence, etc. to OMB for approval. The only possible
area in which such a provision of law might apply would be our personnel
and medical forms.
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94TH CONGRESS
2D SESSioN
S. 3076
IN THE SENATE OF THE UNITED STATES
MARCH 4,1976
Mr. NUNN (for himself, Mr. ROTH, Mr. MCINTYIIE, Mr. IIUDDLESTON, Mr.
CuIILES, Mr. FANNIN, Mr. TAFT, Mr. IIRUSKA, and Mr. BROCK) introduced
the following bill; which was read twice and referred to the Committee
on Government Operations
A BILL
To improve congressional oversight of the reporting and paper-
work requirements of Federal departments and agencies.
1 Be it enacted by the Senate and House of Bepresenta-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as "The Paperwork Review and
4 Limitation Act of 1976".
5 SEC. 2. Part 5 of the Legislative Reorganization Act
6 of 1970 is amended by adding at the end thereof the follow-
7 ing new sections :
"PAPERWORK IMPACT STATEMENTS
9 "SEC. 254. (a) The report accompanying each bill or
10 joint resolution of a public character reported by any com-
II
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1 mittee of the Senate or the House of Representatives (other
2 than the Committee on Appropriations of either House) shall
3 contain a `Paperwork Impact Statement' which shall esti-
4 mate or assess-
5 " (1) the amount and character of the information
6 that will be required of private individuals and businesses
7 in order to carry out the provisions of the bill or joint
8 resolution,
9 "(2) whether such information already is being
10 gathered by and is available from other departments or
11 agencies of the Government,
12 " (3) the number and nature of the forms that will
13 be required for the purpose of gathering the information,
14 and the number of reports which would be required to be
15 made, and the records which would be required to be
16 kept, by private business enterprises as a result of en-
17 actment of the bill or joint resolution, and
18 " (4) the cost or time which would be required of
private business enterprises, especially small business
enterprises, in making such reports and keeping such
records.
" (b) It shall not be in order in either the Senate or the
House of Representatives to consider any such bill or joint
resolution if such bill or joint resolution was reported in the
Senate or the House, as the case may be, after the effective
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1 date of this section and the report of that committee of the
2 Senate or House which reported such bill or joint resolution
3 does not comply with the provisions of subsection (a)
4 of this section.
5 " (c) For the purposes of this section, the members of
6 the Joint Committee on Atomic Energy who are Members
7 of the Senate shall be deemed to be a committee of the
8 Senate, and the members of such committee who are Mem-
9 bens of the House of Representatives shall be deemed to be
10 a committee of the House.
"COMMITTEE REVIEW OF, PAPERWORK
12 "SEC. 255. At least once every calendar year each coin-
13 mittee of the Senate and the House of Representatives shall
14 conduct a thorough review of, and report to its respective
15 House of Congress on, the reporting requirements of the
16 departments and agencies within its legislative jurisdiction,
17 including the number and character,of reporting forms issued
18 and withdrawn by such departments and agencies during the
19 year. The reports required by this section shall be filed not
20 later than February 15 of each year.".
21 SEC. 3. The table of contents of the Legislative Re-
22 organization Act of 1970 is amended by adding at the end
23 of part 5 of title II thereof the following new item :
"Sec. 254. Paperwork impact statements.
"Sec. 255. Committee review of paperwork.".
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SEC. 4. Section 5 of the Federal Reports Act, as amended
2 (44 U.S.C. 3509) , is amended to read as follows :
3 "SEC. 5. ('a) A Federal agency may not conduct or
4 sponsor the collection of information upon identical items
5 from ten or more persons, other than Federal employees,
6 unless, in advance of adoption or revision of any plans or
7 forms tobe used in the collection-
" (1) the agency has submitted to the Director of
9 the Office of Management and Budget the plans or forms,
10 together with copies of pertinent regulations and of other
11 related materials as the Director has specified; and
12 " (2) the Director of the Office of Managem'en't and
13 Budget has approved the proposed collection of informa-
14 tion and the plans or forms to be used therein.
15 " (b) No approval by the Director for the collection of
16 information shall extend beyond the period of one calendar
17 year.
18 " (c) No agency subject to the provisions of this section
19 shall require the submission of any reporting form by a pri-
20 vate individual, group, organization, or business enterprise
21 if the approval by the Director has expired.
22 " (d) Each reporting form used pursuant to this section
23 shall have printed thereon in clearly legible and conspicuous
24 type the following information :
25 " (1) the fact that the form has been approved by
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1 the Director of the Office of Management and Budget,
2 " (2) the date on which such approval expires, and
3 " (3) the fact that the form need not be submitted
4 by the respondent if the period of approval has expired
5 at the time of its receipt by the respondent.
6 " (e) Not later than the end of every calendar year
7 each Federal agency subject to the provisions of this sec-
8 tion shall submit to the Director, and to the Senate and the
9 House of Representatives, a list of all forms which are ap-
10 proved and in use by such agency, all forms which have
11 been approved for use by such agency during the calendar
12 year, and all forms which have been withdrawn by such
13 agency during the calendar year.".
14 Snc. 5. The Director of the Office of Management and
15 Budget shall, in consultation with the Comptroller General,
16 undertake a study of the feasibility of requiring a single
17 standard form for the collection of information by all Federal
18 agencies. The Director shall report the results of the study,
19 along with any recommendations that may result therefrom,
20 to the Senate and the House of Representatives not later
21 than one year after the date of enactment of this Act.
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 4 ? 3549
]Legislative History. For legislative
history and purpose of Pub.L. 00-620,
see 1908 U.S.Code Cong. and Adan.News,
p. 4438.
Reviser's Note. Based on 44 U.S.Code,
1964 ed., Supp. II, ? 423 (Dec. 24, 1942,
ch. 811, ? 4, 50 Stat. 1079).
Library References
C.J.S. Witnesses ? 264.
1. Authority for collection of informa-
tion
Where the Director sought release of
information from the Corps of Engineers
to the Maritime Commission, the latter
agency was entitled to such information
on meeting the conditions that It had
"authority to collect the information It-
self" and such authority was "supported
by legal provision for criminal penal-
ties." 1949, 41 Op.Atty.Gen., September
28.
3509. Plans or forms for collecting information; submis-
sion to Director; approval
A Federal agency may not conduct or sponsor the collection of in-
formation upon identical items, from ten or more persons, other than
Federal employees, unless, in advance of adoption or revision of any
plans or forms to be used in the collection-
(1) the agency has submitted to the Director the plans or
forms, together with copies of pertinent regulations and of
other related materials as the Director of the Bureau of the
Budget has specified; and
(2) the Director has stated that he does not disapprove the
proposed collection of information.
Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1304.
Historical and Revision Notes
Reviser's Note. Based on 44 U.S.Code, Legislative History. For legislative
1961 ed., Supp II, ? 424 (Dec. 24, 19-12, history and purpose of Pub.L. 00-620,
ch. 811, ? 5, 50 Stat. 1079). see 1968 U.S.Code Coug. and Adm.News,
? 3510. Rules and regulations
The Director of the Bureau of the Budget may promulgate rules
and regulations necessary to carry out sections 3501-3511 of this
title.
Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1305.
Reviser's S!
1961 ed., Sul
cit. 811, ? 0, 5e
? 3511.
A perso
shall be s~
other pent
or by the
'me
T~o4
me
revealed b
 r 4350 PUBLIC PRINTING AND DOCUMENTS Cli. 35
'Reviser's Note. Based on 44 U.S.Code,
101x1 ed., Supp. IT, ? 423 (Dec. 21, :19-12,
ell. 311, ? 4, 50 Stat. 1079).
Lesislntii?u }itstory. For legislative
history and purpose of I'ub.L. 90-620,
see 190-S U.S.Code Cong. and Adai News,
p. 4433.
Lilmtry Xte#erences
C.J.S. witnesses ? 264.
1. Authority for collection of 1nforma-
tlon
!Where the Director sought release of
information from the Corps of Engineers
to the Maritime Commission, the latter
agency was entitled to such information
proposed collection of information.
Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1304.
on meeting the conditions that it had.
"authority to collect the Information it-
self" and such authority was "supported
by legal provision for criminal penal-
ties. , 1940, 41 op?Atty.Gen., September
28.
? 3509. Plans or forms for collecting information; subinis-
lion to Director; approval
A Federal agency may not conduct or sponsor the collection of in-
formation. upon identical items, from ten or more persons, other than
Federal employees, unless, in advance of adoption or revision of any
plans or forms to be used in the collection-
(1) the agency has submitted to the Director the plans or
forms, together .with copies of pertinent regulations and of
other related materials as the Director of the Bureau of the
Budget has specified; and
(2) the Director has stated that he does not disapprove the
historical anci It.evision Notea
Reviser's Note. Based on 44 U.S.Code, Legislative history. For legislative
1904 ed., Stipp. II, ? 424 ('Dec. 24, 7942, history and purpose of 1?ub.L. 90-0.0,
see 1903 U.S.Cede Cong. and Adm.\ews,
:1079
t
).
.
ch. Sl1, ? 5, 50 Sta
p. 4438. %
3510. Rules and regulations
The Director of the Bureau of the Budget may promulgate rules
and regulations necessary to carry out sections 3501-3511 of this
title.
Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1305.
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