PAPERWORK REDUCTION ACT OF 1980

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300050004-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 20, 2016
• Document Release Date: May 17, 2007
• Sequence Number: 4
• Publication Date: December 1, 1980
• Content Type: OPEN SOURCE

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December 1, 1980
CONGRESSIONAL RECORD -HOUSE H 11373
In recent hearings before the House
Health Subcommittee, on which I serve
as ranking member, we learned that the
tragedy of medical disclosures is deeper
than many realize. Several doctors, testi-
fled that they are reluctant to make
records if their sacred Hippocratic Oath
may be violated by the act of recording.
Patients testified that they are 'hesitant
to freely speak with their doctor when
their ailments may later be open to the
scrutiny of Federal agents. The very pur-
pose of records is jeopardized by a lack
of complete privacy.
This is not a minor problem. The 1977
National Bureau of Standards study on
medical records privacy concluded
that-
Overall the main finding ... is that identi.
fled patient information from medical
records now flows regularly out of the pri-
mary care setting in ways that allow patients
few controls over these disclosures.
In 1974 Congress underscored its con-
cern for the confidentiality of personal
records by passing the Privacy Act. A
loophole in that act, however, has al-
lowed some government agencies to re-
tain their authority to inspect medical
records. In fact, a private patient whose
treatment is not covered by a Federal as-
sistance program may even have his
record inspected to formulate standards
or norms for patients receiving Federal
assistance. Section 2(b) (1) Is the
Privacy Act's most abused loophole:
The purpose of this Act is to provide cer-
tain safeguard against an invasion of per-
sonal privacy by requiring Federal agencies,
except as otherwise provided by law, to per-
mit an individual to determine what records
pertaining to him are collected.
The language "except as otherwise pro-
vided by law" has provided many agen-
cies with the opportunity they needed to
continue to scrutinize private records.
Perhaps we can get an idea of the po-
tential for medical records abuse this
loophole made possible by examining a
provision of the Social Security Act, sec-
tion 1156(a) :
Each Professional Standards Review Or-
ganization shall apply professionally de-
veloped norms of care, diagnosis, and treat-
ment based upon typical patterns of practice
in its regions.
These governing norms for profes-
sional. standards review organizations
(PSRO's) are not to simply spring into
existence; the Social Security Act em-
powers each PSRO to "collect such data
relevant to its function and such in-
formation and keep and maintain such
records in such form as the Secretary
may require." (Section 1155(f) (1) (B) of
the Social Security Act.) To make clear
the breadth of this Federal agency's
power to invade the privacy of medical
records, I will quote one further provi-
vision from the Social Security Act:
Section 1155(b) (3) : PSR.O's may "examine
the pertinent records of any practitioner or
provider of health care services."
The Social Security Act, therefore, is a
classic example of how a law may grant
federal agencies unwarranted authority
to enter physicians' offices and inspect
the private records of all patients. More-
over, the Privacy Act does not reduce the
threat in the slightest.
Perhaps you can understand, Mr.
Speaker, why I felt it essential to amend
H.R. 5935 when it was considered by the
Ways and Means Committee. My amend-
ments to H.R. 5935 are a step toward
closing the dangerous loophole in the
Privacy Act. I regret, however, that this
bilf is considered today under a suspen-
sion of the House rules. This will make it
impossible for me to offer many other
amendments to protect the confiden-
tiality of medical records completely.
My amendment, which will be a por-
tion of H.R. 5935, relates directly to the
problem I mentioned earlier-PSRO's
and other Government auditors using
their unlimited authority to pry into all
medical records. My amendment pro-
hibits PSRO's and other Government
auditors under section 126 of the bill
from examining the records of any pa-
tient whose medical care is not provided
under a Federal assistance program. In
other words, PSRO's and other auditors
will need to receive permission from any
private patient before inspecting his
records to develop norms or for any
other purpose.
This will place some limitations on the
present power of PSRO's to examine "the
records of any practitioner." At least
those who are not receiving Federal Gov-
ernment assistance will be protected
against the intrusion of Federal clerks.
Unfortunately this will not solve all
major problems. At the outset of my ad-
dress, I mentioned the New York State
abortion research incident. Considering
this bill under a suspension of the rules
will prohibit me from offering an amend-
ment to prevent this from happening
again. The health research section of
H.R. 5935, section 124, will continue to
allow such research to be done as long
as the research effort is approved by an
"institutional review board." Ironically
the organization sponsoring the research
could also be the "institutional review
board" charged with protecting privacy.
We will not be able to amend the bill to
correct this inadequacy. This is only one
problem still lurking in H.R. 5935. Un-
der the guise of a public health investi-
gation, a health and safety inquiry, or a
law enforcement search, a Federal agent
can still gain access to almost any medi-
cal record. The loophole in the Privacy
Act has not been closed.
We can praise this bill for giving a
patient access to his own records and for
attempting to tighten some of the areas
of potential records abuse, but in other
respects the bill is more a "Federal Dis-
closure and Access to Medical Records
Act" than it is a "Federal Privacy of
Medical Information Act." The bill states
that "a patient's right to privacy must be
balanced against the legitimate needs of
public and private organizations for indi-
vidually identifiable medical informa-
tion." This sentence crystallizes my ob-
jections to the bill. We have no authority
to balance a constitutional right against
a mere need, even if that need is digni-
fied with the adjective "legitimate."
Justice William O. Douglas, concurring
in the case of Doe v. Bolton, 410 U.S. 179,
stated clearly:
The right to privacy has no more con-
spicuous place than in the physician-patient
relationship.... The right to seek advice on
one's health and the right to place reliance
on the physician of one's choice are basic
to the 14th Amendment.
Moreover, the Bill of Rights was draft-
ed to protect individuals against these
very invasions of privacy. The first
amendment recognizes a right to freely
speak to one's doctor. The fourth amend-
ment recognizes the right to be secure
against searches and seizures of personal
records. The fifth amendment recognizes
that we need not testify against ourselves
openly or via medical records. A consti-
tutional right should not be blithely
"balanced" against mere "needs" of the
Government or private agencies.
While I have tried to stress the inviola-
bility of these rights with my amend-
ments in committee, many of them will
not be in order today. We may wish to re-
examine this legislation again when we
have the time to consider the full rami-
fications of medical records privacy.?
? Mr. WAXMAN. Mr. Speaker, I rise
in strong support of H.R. 5935, the
Federal Privacy of Medical Information
Act, a bill to protect the privacy of med-
ical information about patients of med-
ical care facilities.
The bill has three major elements.
It defines the rights of patients to in-
spect and seek correction of medical
information about them that is main-
tained by medical care facilities. It de-
fines the circumstances under which a
medial care facility may disclose
patient identifiable medical information
to third parties, with or without the
consent of the patient. Finally, the bill
defines criminal penalties for obtaining
patient medical records from medical
care facilities under false or fraudulent
pretenses or by theft.
Taken together, these elements rep-
resent a major step toward the crea-
tion of a legitimate, enforceable expec-
tation of confidentiality of patient
medical information.
Last June, the Subcommittee on
Health and the Environment had the
opportunity to review H.R. 5935 as re-
ported by the Committee on Govern-
ment Operations. I can assure my col-
leagues that the subcommittee went
over the bill with a fine-tooth comb. The
full committee followed suit later that
same month. The bill now before you
benefited greatly from that thorough
review, and particularly from the con-
tributions of the ranking minority mem-
ber, Dr. TIM LEE CARTER, and the senior
majority member, Mr. DAVID SATTER-
FIELD, who interest in this area is a long-
standing one.
Let me summarize briefly some of the
major improvements our subcommittee
and full committee made in this bill.
We limited to 2 years the period for
which a patient could give written au-
thorization for the disclosure of his or
her medical records to third parties.
(An exceptation to this limitation was
made to accommodate the needs of vet-
erans' service organizations.) This
change will eliminate perpetual con-
sents, under which patients unwittingly
give up all control over the use of their
medical records.
We modified the requirement that
medical care facilities allow inspection
of medical information about a patient
by that patient in order to permit fa-
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December 1, 1980 CONGRESSIONAL RECORD-HOUSE
United States which are to be used for gen-
eral statistical purposes;
"(5) the term 'data element' means a dis-
t piece of information such as name,
im, number, abbreviation, ar s bol;
"(6} - the, term 'data eleme dictionary'
vxteans a system containing standard and
uniform definitions and cross references for
commonly used data elements;
"(7) the term 'data profile' means a synop-
sis of the questions contained in an infor-
mation collection request and the official
name of the request, the location of infor-
mation obtained or to be obtained through
the request, a description of any compila-
tions, analyses, or reports derived or to be
derived from such information, any record
retention requirements associated with the
request, the agency responsible for the re-
quest, the statute authorizing the request,
and any other information necessary to
identify, obtain, or use the data contained
*,such information;
.~ "(8) the term 'Director' means the Direc-
tor of the Office of Management and Budget;.
"(9) the term 'directory of information
sources' means a catalog of information
c1llection requests, containing a data profile
for each request;
"(10) the term 'independent regulatory
agency' means the Board of Governors of the
Federal Reserve System, the Civil Aeronau-
tics Board, the Commodity Futures Trading
Commission, the Consumer Product Safety
Commission, the Federal Communications
Commission, the Federal Deposit Insurance
Corporation, the Federal Energy Regulatory
Commission, the Federal Home Loan Bank
Board, the Federal Maritime Commission, the
Federal Trade Commission, the Interstate
Commerce Commission, the Mine Enforce-
ment Safety and Health Review Commission,
the National Labor Relations Board, the Nu-
clear Regulatory Commission, the Occcupa-
tional Safety and Health Review Commis-
sion, the Postal Rate Commission, the Se-
curities and Exchange Commission, and any
other similar agency designated by statute
as a Federal independent regulatory agency
or commission;
"(11) the term 'information collection re-
quest' means a written report form, applica-
tion form, schedule, questionnaire, report-
ing or recordkeeping requirements, or other
similar method calling for the collection of
information;
"(12) the term 'information referral serv-
ice' means the function that assists officials
and persons in obtaining access to the Fed-
eral Information Locator system;
"(13) the term 'information systems'
means management information systems;
"(14) the term 'person' means an individ-
ual, partnership, association, corporation,
business trust, or legal representative, an
organized group of individuals, a State, ter-
ritorial, or local government or branch there-
of, or a political subdivision of a State, ter-
-'"'titory, or local government or a branch of a
political subdivision;
"(15) the term 'practical utility' means
the ability of an agency to use information
'At collects, particularly the capability to
process such information in a timely and
useful fashion; and
"(16) the term 'recordkeeping require-
ment' means a requirement imposed by an
agency on persons to maintain specified rec-
ords.
'13503. Office of Information and Regulatory
Affairs
"(a) There is established in the Office of
Management and Budget an office to be
known as the Office of Information and Reg-
ulatory Affairs.
"(b) There shall be at the head of the
Offiep an Administrator who shall be ap-
pointed by, and who shall report directly to,
the Director. The Director shall delegate to
the Administrator the authority to adminis-
ter all functions under this Chapter, except
that any such delegation shall not relieve
the Director of responsibility for the admin-
istration of such functions. The Administra-
tor shall on serve de a,p eipal adviser to - the
Director `mationpolicy.
"1 3504. Authority and functions of Direc ux
"(a) The _Director shall develop and im-
plement Federal information policies, prin-
ciples, standards, and guidelines and shall
provide direction and oversee the review :ailt
approval of information collection requests,_
the reduction of the paperwork burden, Fed-
eral statistical activities, records manage-
ment activities, privacy of records, interagen-
cy sharing of information, and acquisition
and use of automatic data processing tele-.
communications, and other technology for
managing information resources. The au-
thority under this section shall be exercised
consistent with applicable law,
"(b) The general information policy func-
tions of the Director shall include-
"(1) developing and implementing uni-
form and consistent information resources
management policies and overseeing the de-
velopment of information management prin-
ciples, standards, and guidelines and pro.
moting their use;
"(2) initiating and reviewing proposals for
changes in legislation, regulations, and
agency procedures to improve information
practices, and informing the President and
the Congress on the progress made therein;
"(3) coordinating, through the review of
budget proposals and as otherwise provided
in this section, agency information practices;
"(4) promoting, through the use of the
Federal Information Locator System, the re-
view of budget proposals and other methods,
greater sharing of information by agencies;
"(5) evaluating agency information man-
agement practices to determine their ade-
quacy and efficiency, and to determine com-
pliance of such practices with the policies,
principles, standards, and guidelines promul-
gated by the Director; and
"(6) overseeing planning for, and conduct
of research with respect to, Federal collec-
tion, processing, storage, transmission, and
use of information.
"(e) The information collection request
clearance and other paperwork control func-
tions of the Director shall include-
"(1) reviewing and approving information
collection requests proposed by agencies;
"(2) determining whether the collection
of information by an agency .is necessary for
the proper performance of the functions of
the agency, including whether the informa-
tion will have practical utility for the agency;
"(3) ensuring that all information collec-
tion requests-
"(A) are inventoried, display a control
number and, when appropriate, an expira-
tion date;
"(B) indicate the request is in accordance
with the clearance requirements of section
3507; and
"(C) contain a statement to inform the
person receiving the request why the infor-
mation is being collected, how it is to be used,
and whether responses to the request are
voluntary, required to obtain a benefit, or
mandatory;
"(4) designating as appropriate, in accord-
ance with section 3509, a collection agency to
obtain information for two or more agencies;
"(5) setting goals for reduction of the bur-
dens of Federal information collection
requests;
"(6) overseeing action on the recommen.
dations of the Commission on Federal Paper-
work; and
"(7) designing and operating, in accord-
ance with section 3511, the Federal Informa-
tion Locator System.
"(d) The statistical policy and coordina-
tion functions of the Director shall include-
"(1) developing long range plans for the
improved performance of Federal statistical
activities and programs; -
"(2) coordinating, through the review of
budget proposals and as otherwise provided
in this section, the functions of the"Federal
Government with respect to gathering, Inter-
preting; and disseminating statistics and sta-
tistical information;
" (3) developing and implementing Govern-
'ment-wide policies, principles, standards, and
guidelines concerning statistical collection
procedures and methods, statistical data
classifications, and statistical information
presentation and dissemination; and
"(4) evaluating statistical program per-
formance and agency compliance with Gov-
ernment-wide policies, principles, standards,
and guidelines,
"(e) The records management functions of
the Director shall include-
:(1) providing advice and assistance to the
Administrator of General Services in order to
promote coordination in the administration
of chapters 29, 31, and 33 of this title with the
information policies, principles, standards,
and guidelines established under this
chapter;
"(2) reviewing compliance by agencies with
the requirements of chapters 29, 31, and 33 of
this title and with regulations promulgated
by the Administrator of General Services
thereunder; and
"
(3) coordinating records management
policies and programs with related Infortna-
tion programs such as information collection,
statistics, automatic data processing and tele-
communications, and similar activities.
"(f) The privacy functions of the Director
shall include-
"(1) developing and implementing policies,
principles, standards, and guidelines on in-
formation disclosure and confidentiality, and
on safeguarding the security of information
collected or maintained by or on behalf of
agencies;
11(2) providing agencies with advice and
guidance about information security, restric-
tion, exchange, and disclosure; and
"(3) monitoring compliance with section
552a of title 5, United States Code, and
related information management laws,
"(g) The Federal automatic data process-
ing and telecommunications functions of the
"(1) developing and implementing policies,
principles, standards, and guidelines for au-
tomatic data processing and telecommunica-
tions functions and activities of the Federal
Government, and overseeing the establish-
ment of standards under section 111(f) of
the Federal Property and Administrative
Services Act of 1949;
"(2) monitoring the effectiveness of, and
compliance with, directives issued pursuant
to sections 110 and 111 of such Act of 1949
and reviewing proposed determinations un-
der section 111(g) of such Act;
"(3) providing advice and guidance on the
acquisition and use of automatic data
processing and telecommunications equip-
ment, and coordinating, through the review
of budget proposals and other methods,
agency proposals for acquisition and use of
such equipment;,
"(4) promoting the use of automatic data
processing and telecommunications equip-
ment by the Federal Government to im-
prove the effectiveness of the use and dis-
semination of data in the operation of Fed-
eral programs; and
"(5) initiating and reviewing proposals for
changes in legislation, regulations, and
agency procedures to improve automatic
data processing and telecommunications
practices, and informing the President and
the Congress of the progress made therein.
"(h) (1) As soon as practicable, but no
later than publication of a notice of pro-
posed rulemaking in the Federal Register,
each agency shall forward to the Director
a copy of any proposed rule which contains
a collection of information requirement and
upon request, information necessary to make
the determination required pursuant to this
section.
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H 11376
"(2) Within sixty days after the notice of
proposed rulemaking is published in the Fed-
eral Register, the Director may file public
comments pursuant to the standards set
forth in section 3508 on the collection of In-
formation requirement contained In the pro-
posed rule.
"(3) When a final rule is published in the
Federal Register, the agency shall explain
how any collection of Information require-
ment contained in the final rule responds to
the comments, If any, filed by the Director
or the public, or explain why it rejected
those comments.
"(4) The Director has no authority to
disapprove any collection of information
requirement specifically contained in an
agency rule, if he has received notice and
failed to comment on the rule within sixty
days of the notice of proposed rulemaking.
"(5) Nothing In this section prevents the
Director, in his discretion-
"(A) from disapproving any information
collection request which was not specifically
required by an agency rule;
"(B) from disapproving any collection of
information requirement contained in an
agency rule, If the agency failed to comply
with the requirements of paragraph (1) of
this subsection; or
"(C) from disapproving any collection of
information requirement contained in a
final agency rule, If the Director finds within
sixty days of the publication of the final
rule that the agency's response to his com-
ments filed pursuant to paragraph (2) of
this subsection was unreasonable.
"(D) from disapproving any collection of
information requirement where the Direc-
tor determines that the agency has substan-
tially modified in the final rule the collec-
tion of information requirement contained
in the proposed rule where the agency has
not given the Director the information re-
quired in paragraph (1), with respect to the
modified collection of Information require-
ment, at least sixty days before the Issu-
ance of the final rule.
"(6) The Director shall make publicly
available any decision to disapprove a col-
lection of information requirement con-
tained In an agency rule, together with the
reasons for such decision.
"(7) The authority of the Director under
this subsection is subject to the provisions
of section 3507(c).
"(8) This subsection shall apply only
when an agency publishes a notice of pro-
posed rulemaking and requests public
comments. -
"(9) There shall be no judicial review of
any kind of the Director's decision to ap-
prove or not to act upon a collection of
information requirement contained in an
agency rule.
'13505. Assignment of tasks and deadlines
"In carrying out the functions under this
chapter, the Director shall-
(1) Upon enactment of this Act-
"(A) set a goal to reduce the then exist-
ing burden of Federal collections of infor-
mation by 15 per centum by October 1, 1982;
and
"(B) for the year following, set a goal to
reduce the burden which existed upon
enactment by an additional 10 per centum;
"(2) within one year after the effective
date of this Act-
"(A) establish standards and requirements
for agency audits of all major Information
systems and assign responsibility for con-
ducting Government-wide or multiagency
audits, except the Director shall not assign
such responsibility for the audit of major
information systems used for the conduct of
criminal Investigations or intelligence activ-
ities as defined in section 4-206 of Executive
Order 12036, issued January 24, 1978, or suc-
cessor orders, or for cryptologic activities
CONGRESSIONAL RECORD-HOUSE December 1, 1980
that are communications security activities;
"(B) establish the Federal Information
Locator System;
"(C) identify areas of duplication In in-
formation collection requests and develop a
schedule and methods for eliminating dupli-
cation;
"(D) develop a proposal to augment the
Federal Information Locator System to in-
clude data profiles of major Information
holdings of agencies (used In the conduct of
their operations) which are not _ otherwise
required by this chapter to be included In
the System; and
"(E) identify Initiatives which may
achieve a 10 per centum reduction in the
burden of Federal collections of information
associated with the administration of Fed-
eral grant programs; and
"(3) within two years after the effective
date of this Act-
"(A) establish a schedule and a manage-
ment control system to ensure that practices.
and programs of Information handling dis-
ciplines, Including records management, are
appropriately Integrated with the informa-
tion policies mandated by this chapter;
"(B) Identify initiatives to Improve pro-
ductivity in Federal operations using Infor-
mation processing technology;
"(C) develop a program to (i) enforce
Federal information processing standards,
particularly software language standards, at
all Federal installations; and (1i) revitalize
the standards development program estab-
lished pursuant to section 759(f) (2) of title
40, United States Code, separating it from
peripheral technical assistance functions and
directing it to the most productive areas;
"(D) comolete action on recommendations
of the Commission on Federal Paperwork by
implementing, Implementing with modifica-
tion or rejecting such recommendations in-
cluding, where necessary, development of
legislation to implement such recommen-
dations;
''(E) develop, in consultation with the
Administrator of General Services, a five-
year plan for meeting the automatic data
processing and telecommunications needs of
the Federal Government in accordance with
the requirements of section 111 of the Fed-
eral Property and Administrative Services
Act of 1949 (40 U.S.C. 759) and the pur-
poses of this chapter; and
"(F) submit to the President and the
Congress legislative proposals to remove in-
consistencies in laws and practices involy.
ing privacy, confidentiality, and disclosure
of information.
"18506. Federal agency responsibilities
" (a) Each agency shall be responsible for
carrying out Its information management
activities in an efficient effective, and eco-
nomical manner, and for complying with the
information policies, principles, standards,
and guidelines prescribed by the Director.
"(b) The head of each agency shall des-
ignate, within three months after the ef-
fective date of this Act, a senior official or,
in the case of military departments, and the
Office of the Secretary of Defense, officials
who report directly to such agency head to
carry out the responsibilities of the agency
under this chapter. If more than one official
Is appointed for the military departments
the respective duties of the officials shall be
clearly delineated.
"(c) Each agency shall-
"(1) systematically inventory its major
information systems and periodically review
its information management activities, in-
cluding planning, budgeting, organizing, di-
recting, training, promoting, controlling,
and other managerial activities involving
the collection, use, and dissemination of
information;
"(2) ensure Its Information systems do not
overlap each other or duplicate the systems
of other agencies;
(3) develop procedures for assessing the
perwork and reporting burden of proposed
legislation affecting such agency;
"(4) assign to the official designated under
subsection (b) the responsibility for the
conduct of and accountability for any ac-
quisitions made pursuant to a delegation of
authority under section 111 of the Federal
Property and Administrative Services Act of
1949 (40 U.S.C. 759); and
"(5) ensure that information collection
requests required by law or to obtain a
benefit, and submitted to nine or fewer
persons, contain a statement to inform the
person receiving the request that the re-
quest Is not subject to the requirements of
section 3507 of this chapter.
"(d) The head of each agency shall estab-
lish such procedures as necessary to ensure
the compliance of the agency with the re-
quirements of the Federal Information Lo-
cator System, including necessary screening
and compliance activities. , a
"13507. Public Information collection ac-
tivities--submission to Director;
sor the collection of Information unless, in
advance of the adoption or revision of the
request for collection of such information-
"(1) the agency has taken actions, Includ-
ing consultation with the Director. to-
"(A) eliminate, through the use of the
Federal Information Locator System and
other means, Information collections which
seek to obtain information available from
another source within the Federal Govern-
ment;
. "(B) reduce to the extent practicable and
appropriate the burden on persons who will
provide Information to the agency; and
"(C) formulate plans for tabulating the
Information in a manner which will enhance
its usefulness to other agencies and to the
public;
"(2) the agency (A) has submitted to the
Director the proposed information collection
request, copies of pertinent regulations and
other related materials as the Director may
specify, and an explanation of actions taken
to carry out paragraph (1) of this subsection,
and (B) has prepared a notice to be pub-
lished in the Federal Register stating that the
agency has made such submission; and
"(3) the Director has approved the pro-
posed Information collection request, or the
period for review of information collection
requests by the Director provided under sub-
section (b) has elapsed.
"(b) The Director shall, within sixty days
of receipt of a proposed Information collec-
tion request, notify the agency involved of
the decision to approve or disapprove the
request and shall make such decisions pub-
licly available. If the Director determines that
a request submitted for review cannot be
reviewed within sixty days, the Director may,
after notice to the agency involved, extend-
the review period for an additional thirty'
days. If the Director does not notify the
agency of an extension, denial, or approval
within sixty days (or, if the Director hash
extended the review period for an additional
thirty days and does not notify the agency of
a denial or approval within the time of the
extension), a control number shall be as-
signed without further delay, the approval
may be inferred, and the agency may collect
the information for not more than one year.
"(c) Any disapproval by the Director, in
whole or in part, of a proposed information
collection request of an independent regula-
tory agency, or an exercise of authority
under sections 3504(h) or 3509 concerning
such an agency, may be voided, If the agency
by a majority vote of its members overrides
the Director's disapproval or exercise of au-
thority. The agency shall certify each over-
ride to the Director, shall explain the reasons
for exercising the override authority. Where
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December 1, 1980 CONGRESSIONAL RECORD HOUSE
the override concerns an information collec-
tion request, the Director shall without fur-
ther delay assign a control number to such
request, and such override shall be valid for
a period of three years.
"(d) The Director may not approve an in-
formation collection request- for a period in
excess of three years.
"(e) If the Director finds that a Sewer, of-
ficial of an agency designated pursuant to
section 3506(b) is sufficiently independent of
program responsibility to evaluate fairly
whether proposed information collection re-
quests should be approved and has sufficient
resources to carry out this responsibility ef-
fectively, the Director may, by rule in
accordance with the notice and comment
provisions of chapter 5 of title 5, United
States Code, delegate to such official the au-
thority to approve proposed requests in
specific program areas, for specific purposes,
or for all agency purposes. A delegation by
the Director under this section shall not pre-
elude the Director from reviewing individual
1 '!information collection requests if the
Director determines that circumstances war-
rant such a review. The Director shall retain
'Amithority to revoke such delegations, both
s general and with regard to any specific
matter. In acting for the Director, any of-
ficial to whom approval authority has been
delegated under this section shall comply
fully with the rules and regulations pro-
mulgated by the Director.
"(f) An agency shall not engage in a col-
lection information without obtaining from
the Director a control number to be dis-
played upon the information collection re-
quest.
"(g) If an agency head determines a col-
lection of information (1) is needed prior to
the expiration of the sixty-day period for the'
review of information collection requests
established pursuant to subsection (b), (2)
is essential to the mission of the agency, and
(3) the agency cannot reasonably comply
with the provisions of this chapter within
such sixty-day period because (A) public
harm will result if normal clearance proce-
dures are followed, or (B) an unanticipated
event has occurred and the use of normal
the collection of information related to the
event or will cause a statutory deadline to be
missed, the agency head may request the
Director to authorize such collection of in-
formation prior to expiration of such sixty-
day period. The Director shall approve or dis-
approve any such authorization request
within the time requested by the agency
head and, if approved shall assign the in-
formation collection request a control num-
ber. Any collection of information con-
ducted pursuant to this subsection may be
conducted without compliance with the
provisions of this chapter for a maximum of
ninety days after the date on which the
Director received the request to authorize
such collection.
''? 3508. Determination of necessity for infor-
mation; hearing
"Before approving a proposed information
collection request, the Director shall deter-
lViine whether the collection of Information
by an agency is necessary for the proper per-
formance of the functions of the agency, in-
cluding whether the information will have
practical utility. Before making a determina-
tion the Director may give the agency and
other interested persons an opportunity to be
heard or to submit statements in writing. To
the extent, if any, that the Director deter-
mines that the collection of information by
an agency is unnecessary, for any reason, the
agency may not engage in the collection of
the information.
"? 3509. Designation of central collection
agency
"The Director may designate a central col-
lection agency to obtain information for two
or more agencies if the Director determines
that the needs of such.agenSlerfor informa-
tion will be adequatei .~seXr -sil)q?ie col-
lection agency, anc 3- of data is
not inconsistent lrj ibable law. In
such cases the Director shall prescribe (with
reference to the collection of Information)
the duties and functions of the collection
agency so designated and of the agencies for
which it is to act as agent (including reim-
bursement for costs). While the designation
is in effect, an agency covered by it may not
obtain for itself information which it Is the
duty-of the collection agency to obtain, The
Director may modify the designation from
time, to time" as circumstances require. The
authority herein is subject to the provislopg
of section 3607(0) of this chapter "
3510; Cooperation of agencies hi: making
information available
"(a) The Director may direct an agency to
make available to another agency, or an
agency may make available to another
agency, information obtained pursuant to an
Information collection request if the dis-
closure is not inconsistent with any applica-
ble law.
"(b) If information obtained by an agency
is released by that agency to another agency,
all the provisions of law (including penalties
which relate to the unlawful disclosure of
information) apply to the officers and em-
ployees of the agency to which information
is released to the same extent and in the
same manner as the provisions apply to the
officers and employees of the agency which
originally obtained the information. The of-
ficers and employees of the agency to which
the information is released, in addition, shall
be subject to the same provisions of law, in-
cluding penalties, relating to the unlawful
disclosure of information as if the informa-
tion had been collected directly by that
agency.
3511. Establishment and operation of Fed-
eral Information Locator System
"(a) There is established in the Office of
Information and Regulatory Affairs a Federal
Information Locator System (hereafter in
this section referred to as the 'System')
which shall be composed of a directory of
information resources, a data element dic-
tionary, and an Information referral service.
The System shall serve as the authoritative
register of all information collection re-
quests.
"(b) In designing and operating the Sys-
tem, the Director shall-
"(1) design and operate an indexing sys-
tem for the System;
"(2) require the head of each agency to
prepare in a form specified by the Director,
and to submit to the Director for inclusion
In the System, a data profile for each infor-
mation collection request of such agency;
"(3) compare data profiles for proposed in-
formation collection requests against exist-
ing profiles in the System, and make avail-
able the results of such comparison to-
"(A) agency officials who are planning new
Information collection activities; and
"(B) on request, members of the general
public; and
"(4) ensure that no actual data, except
descriptive data profiles necessary to iden-
tify duplicative data or to locate informa-
tion, are contained within the System.
"? 3512. Public protection
"Notwithstanding any other provision of
law, no person shall be subject to any pen-
alty for failing to maintain or provide in-
formation to any agency if the information
collection request involved was made after
December 31, 1981, and. does not display a
current control number assigned by the Di-
rector, or fails to state that such request is
not subject to this chapter.
"? 3513. Director review of agency activities;
reporting; agency response
"(a) The Director shall, with the advice
and assistance of the Administrator of Gen-
Approv-p"fir,Release 2+
H11377
eral Services, selectively review, at least once
every three years, the information manage.
ment activities of each agency to ascertain
their adequacy and efficiency. In evaluating
the adequacy and efficiency of such activities,
the Director shall pay particular attention
to whether the agency has complied with
section 3506.
"(b) The Director shall report the results
of the reviews to the appropriate agency
head, the House Committee on Government
OeXations, the Senate Committee on Gov-
ernmental Affairs, the House and Senate
Committees on Appropriations, and the com-
mittees of the Congress having jurisdiction
'aver legislation relating to the operations of
the agency involved.
"(c) Each agency which receives a report
pursuant to subsection (b) shall, within
sixty days after receipt of such report, pre-
pare and translY}it',to the Director, the House
Committee o - government Operations, t o
Senate Co a dzi"63o'vtrnmental'Affairs,
the House and Senate Committees on Appro-
priations, and the committees of ? the Con-
gress having jurisdiction over legislation re-
lating to the operations of the agency, a
written statement responding to the Direc-
tor's report, including a description of any
measures taken to alleviate or remove any
problems or deficiencies identified In such
report.
?3514. Responsiveness to Congress
"(a) The Director shall keep the Congress
and its committees fully and currently in-
formed of the major activities under this
chapter, and shall submit a report thereon
to the President of the Senate and the
Speaker of the House of Representatives an-
nually and at such other times as the Di-
rector determines necessary. The Director
shall include in any such report-
"(1) proposals for legislative action-needed
to improve Federal information management.
Including, with respect to information collec-
tion, recommendations to reduce the burden
on individuals, small businesses, State and
local governments, and other persons;
"(2) s compilation of legislative Impedi-
ments to the collection of information which
the Director, concludesthat an,agency_needs
but does not have authority to collect;
"(3) an analysis by agency, and by cate-
gories the Director finds useful and prac-
ticable, describing the estimated reporting
hours required of persons by information col-
lection requests, including to the extent prac-
ticable the direct budgetary costs of the
agencies and identification of statutes and
regulations which impose the greatest num-
ber of reporting hours;
"(4) a summary of accomplishments and
planned initiatives to reduce burdens of Fed-
eral Information collection requests;
"(5) a tabulation of areas of duplication in
agency information collection requests iden-
tified during the preceding year and efforts
made to preclude the collection of duplicate
Information, including designations of cen-
tral collection agencies;
"(6) a list of each instance in which an
agency engaged in the collection of informa-
tion under the authority of section 3507(g)
and an identification of each agency Involved;
"(7) a list of all violations of provisions
of this chapter and rules, regulations, guide-
lines, policies, and procedures issued pur-
suant to this chapter; and
"(8) with respect to recommendations of
the Commission on Federal Paperwork-
"(A) a description of the specific actions
taken on or planned for each recommenda-
tion;
"(B) a target date for implementing each
recommendation accepted but not imple-
niented; and
"(C) an explanation of the reasons for any
delay in completing action on such recom-
mendations.
"(b) The preparation of any report re-
quired by this section shall not increase the
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H 11378
collection of information burden on persons
outside the Federal Government.
"? 3516. Administrative powers
"Upon the request of the Director, each
agency (other than an independent regula-
tory agency) shall, to the extent practicable,
make its services, personnel, and facilities
available to the Director for the performance
of-functions under this chapter.
"$ 3516. Rules and regulations
"The Director shall promulgate rules, reg-
ulations, or procedures necessary to exercise
the authority provided by this chapter.
Ili 3517. Consultation with other agencies
and the public
"In the development of information poli-
cies, plans, rules, regulations, procedures, and
guidelines and in reviewing information col-
lection requests, the Director shall provide
interested agencies and persons early and
meaningful opportunity to comment.
"? 3518. Effect on existing laws and regula-
tions
"(a) Except as otherwise provided in this
chapter, the authority of an agency under
any other law to prescribe policies, rules, reg-
ulations, and procedures for Federal infor-
mation activities is subject to the authority
conferred on the Director by this chapter.
"(b) Nothing in this chapter shall be
deemed to affect or reduce the authority of
the Secretary of Commerce or the Director of
the Office of Management and Budget pursu-
ant; to Reorganization Plan No. 1 of 1977 (as
amended) and Executive order, relating to
telecommunications and Information policy,
procurement and management of telecom-
munications and Information systems, spec-
trum use, and related' matters.
"(c) (1) Except as provided in paragraph
(2). this chapter does not apply to the col-
lection of information--
"(A) during the conduct of a Federal
criminal investigation or prosecution, or dur-
ing the disposition of a particular criminal
matter;
"(B) during the conduct of (i) a civil ac-
tion to which the United States or any offi-
cial or agency thereof is a party or (ii) an
administrative action or investigation in-
volving an agency against specific individ-
uals or entities;
"(C) by compulsory process pursuant to
the Antitrust Civil Process Act and section
13 of the Federal Trade Commission Im-
provements Act of 1980; or
"(D) during the conduct of intelligence
activities as defined in section 4-206 of
Executive Order 12036, issued January 24,
1978, or successor orders, or during the con-
duct of cryptologic activities that are com-
munications security activities.
"(2) This chapter applies to the collec-
tion of information during the conduct of
general investigations (other than informa-
tion collected in an antitrust investigation
to the extent provided in subparagraph (C)
of paragraph (1)) undertaken with refer-
ence to a category of Individuals or entitles
such as a class of licensees or an entire
industry.
"(d) Nothing in this chapter shall be in-
terpreted as increasing or decreasing the
authority conferred by Public Law 89-306
on the Administrator of the General Serv-
ices Administration, the Secretary of Com-
merce, or the Director of the Office of Man-
agement and Budget.
"(e) Nothing in this chapter shall be in-
terpreted as increasing or decreasing the au-
thority of the President, the Office of Man-
agement and Budget or the Director thereof,
under the laws of the United States, with
respect to the substantive policies and pro-
grams of departments, agencies and offices,
including the substantive authority of any
Federal agency to enforce the civil rights
laws.
CONGRESSIONAL RECORD--HOUSE December 1, 1980
"I 3519. Access to information
"Under the conditions and procedures
prescribed in section 313 of the Budget and
Accounting Act of 1921, as amended, the Di-
rector and personnel in the Office of Infor-
mation and Regulatory Affairs shall furnish
such information as the Comptroller General
may require for the discharge of his responsi-
bilities. For this, purpose, the Comptroller
General or representatives thereof shall have
access to all books, documents, papers and
records of the Office.
"? 3520. Authorization of appropriations
"There are hereby authorized to be ap-
propriated to carry out the provisions of this
chapter, and for no other purpose, sums-
"(1) not to exceed $8,000,000 for the fiscal
year ending September 30, 1981;
"(2) not to exceed $8,500.000 for the fiscal
year ending September 30, 1982; and
"(3) not to exceed $9,000,000 for the fiscal
year ending September 30, 1983."
(b) The item relating to chapter 35 in the
table of chapters for such title is amended
to read as follows:
"35. Coordination of Federal Information
Policy.".
(c) (1) Section 2904(10) of such title is
amended to read as follows:
"(10) report to the appropriate oversight
and appropriations committees of the Con-
gress and to the Director of the Office of
Management and Budget annually and at
such other times as the Administrator deems
desirable (A) on the results of activities
conducted pursuant to paragraphs (1)
through (9) of this section, (B) on evalu-
ations of responses by Federal agencies to
any recommendations resulting from in-
spections or studies conducted under para-
graphs (8) and (9) of this section, and (C)
to the extent practicable, estimates of costs
to the Federal Government resulting from
the failure of agencies to implement such
recommendations."
(2) Section 2905 of such title is amended
by redesignating the text thereof as subsec-
tion (a) and by adding at the end of such
section the following new subsection:
"(b) The Administrator of General Serv-
ices shall assist the Administrator for the
Office of 'Information and' Regulatory Affairs
in conducting studies and developing stand-
ards relating to record retention require-
ments imposed on the public and on State
and local governments by Federal agencies".
SEC. 3. (a) The President and the Director
of the Office of Management and Budget
shall delegate to the Administrator for the
Office of Information and Regulatory Affairs
all functions, authority, and responsibility
under section 103 of the Budget and Ac-
counting Procedures Act of 1950 (31 U.S.C.
lab).
(b) The Director of the Office of Manage.
ment and Budget shall delegate to the Ad-
ministrator for the Office of Information and
Regulatory Affairs all functions, authority,
and responsibility of the Director under sec-
tion 552a of title 5, United States Code,
under Executive Order 12046 and Reorgan-
ization Plan No. 1 for telecommunications.
and under section 111 of the Federal Prop-
erty and Administrative Services Act of 1949
(40 U.S.C. 759).
SEc. 4. (a) Section 400A of the General
Education Provisions Act is amended by
(1) striking out "and" after "institutions" in
subsection (a) (1) (A) and inserting in lieu
thereof 'or", and (2) by amending subsection
(a) (3) (B) to read as follows:
"(B) No collection of information or data
acquisition activity subject to such pro.
cedures shall be subject to any other review,
coordination, or approval procedure outside
of the relevant Federal agency, except as re-
quired by this subsection and by the Di-
rector of the Office of Management and
Budget under the rules and regulations
established pursuant to chapter 35 of title
44, United States Code. If a requirement for
information is submitted pursuant to this
Act for review, the timetable for the Direc-
tor's approval established in section 3507 of
the Paperwork Reduction Act of 1980 shall
commence on the date the request is sub-
mitted, and no independent submission to
the Director shall be required under such
Act.".
(b) Section 201(e) of the Surface Mining
Control and Reclamation Act of 1977 (30
U.S.C. 1211) is repealed.
(c) Section 708(1) of the Public Health
Service Act (42 U.S.C. 292h(f)) is repealed.
(d) Section 5315 of title 5, United States
Code, is amended by adding at the end there-
of the following:
"Administrator. Office of Information and
Regulatory Affairs, Office of Management and
Budget.".
Svc. 5. This Act shall take effect on April
1, 1981.
Amend the title so as to read: "An Act to
reduce paperwork and enhance the economy`
and efficiency of the Government and the
private sector by improving Federal informa-
tion policymaking, and for other purposes."
The SPEAKER pro tempore. Is a sec-
ond demanded?
Mrs. SNOWE. Mr. Speaker, I demand
a second.
The SPEAKER pro tempore. Without
objection, a second will be considered
as ordered.
There was no objection.
The SPEAKER pro tempore. The gen-
tleman from Texas (Mr. Baooxs) will be
recognized for 20 minutes, and the gen-
tlewoman from Maine (Mrs. SNowE) will
be recognized for 20 minutes.
The Chair recognizes the gentleman
from Texas (Mr. BROOKS).
Mr. BROOKS. Mr. Speaker, I yield
myself such time as I may consume.
(Mr. BROOKS asked and was given
permission to revise and extend his
remarks.)
Mr. BROOKS. Mr. Speaker, H.R. 6410
is the result of a growing awareness that
the Federal Government needs to im-
prove the management and use of its in-
formation resources. Serious deficiencies
exist in present agency management of
these resources and, if allowed to con-
tinue, will drastically reduce the effec-
tiveness of Government while, at the
same time, impose an increasing burden
on the public.
The basic premise of this legislation
is that information is a valuable resource
and should be effectively managed like
other resources. Based on this premise,
the bill provides clear statutory authority`
to reduce the paperwork burdens gen-11
erated by the Government and to con
solidate the currently fragmented infor-
mation policy responsibilities into e
strong central management office in
OMB. The consolidation of responsibili-
ties will enable the OMB Director to pro-
vide needed leadership and direction for
the Government's information activities.
Successful implementation of this 1".g-
islation will result in: First, substantially
reduced costs and burdens to both the
Government and the public; and second,
enhanced Government efficiency and
effectiveness.
H.R. 6410 passed the House on
March 24 of this year by a vote of 328
to 13. The Senate amended and unani-
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 December 1, 1980 CONGRESSIONAL RECORD-HOUSE
o isly passed the House bill on Novem- last December tb a
Srno~a' het Pro- Turning to ,the first argument, I be-
_ cedllree ns fire . vitii# s? eee tsa #o the.Co ess d
information collection requests when
specific emergency conditions exist;
Second. It insures that.OMB's review
of agency information collection requests
will be coordinated with agency rule-
making procedures established by the
Administrative Procedure Act or other
similar legislation; and
Third. The amendment provides spe-
cific exemptions from the bill for certain
intelligence, defense, and investigatory
activities. Existing statutes covering
khese activities are not affected by this
hould be discussed.
First, concerns have been expressed
he existing ADP acquisition process by
urther complicating the acquisition.
nd GSA.
The opponents offer no explanation
their concern that the acquisition
ocess will become more complicated as
simplifying the acquisition process. Lines
of responsibility within each agency for
information systems planning, manage
mented and uncoordinated-facts recog-
nized by the Congress and by the Presi-
dent's. ADP Reorganization Project.
Nonetheless, there remains a concern
that H.R. 6410 would expand the scope
of the Brooks-Public Law 300-and the
roles of GSA and OMB and that such
expansion, if it were implemented, would
be undesirable. This concern seems to
fall in four areas:
TELECOMMUNICATIONS EQUIPMENT
Assertions have been made that the
bill amends the Brooks Act to bring tele-
communications equipment under the
ADP acquisition process. This is not true.
and OMB have broad Government-
responsibilities for telecommunica
tiolis equipment and services established
under existing laws and executive orders.
A ese authorities are independent of
the rooks Act. H.R. 6410 does not add to
GSA/OMB authority nor does it define
telecommunications as subject to ADP
procurement procedures. The bill ac-
knowledges that ADP and telecommuni-
cations are intricately related and are
significant tools to be used by each
agency. As such, these items are of suffi-
cient Government-wide importance to
warrant long-range planning, OMB at-
The opponents particularly dwell on
the issue of "embedded" computers and
Makes note of some perceived GSA effort
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tiona IrolF1.. .. .u ,.,. G
By law, GSA's ADP procedures are ap-
plied to commercially available general
purpose computers. Defense or other sys-
tems. which only incidentally - contain
data processing components are acquired
under other appropriate procurement
procedures.
This is consistent with interpretations
of the Brooks' Act by the Department of
Justice and GAO. The Federal procure-
ment regulations are soon to be reissued
with this'important point clarified. These
ADDITIONAL GSA PLANNING
H.R. 6410 requires every agency to de-
velop a 5-year plan for meeting their In-
formation technology resource require-
ments. GAO has repeatedly reported that
the agencies have failed miserably in
such planning activities. H.R. 6410 fur-
ther requires that OMB, with the advice
and assistance of GSA., develop a Gov-
ernment-wide plan that will assure that
the most recent technologies are known
and are made available to meet the agen-
cies' requirements. Periodic reviews
should be conducted In order to report
to Congress the progress being made to-
ward the objectives of the legislation.
The opponents fear that GSA would
expand its role into definitions of mis-
sion agency ADP requirements. GSA Is
clearly prohibited from such incursions
by existing statutes and the proposed
legislation.
OMB ADMINISTRATION OP THE BROOKS ACT
The opponents also assert that OMB
has not demonstrated competence in ad-
ministering Its current oversight and
management responsibilities under the
Brooks Act. This observation has been
made on many occasions by the House
Committee on Government Operations.
The OMB failing has been Its passive
acceptance of its Brooks Act role and its
reluctance to provide leadership and di-
rection. An active advocacy and over-
sight role for OMB is needed and is re-
quired by the proposed legislation. The
opponents see H.R. 6410 as singling out
ADP procurement for micromanagement
by OMB where in fact the proposed leg-
islation and thrust of governmental im-
provement are far broader, much more
necessary, and long overdue.
POTENTIAL EXEMPTION FROM MANAGEMENT AND
OVERSIGHT
The second broad area I would like to
address is the assertion that DOD should
be totally exempt from the management
and oversight principles established by
the legislation. The justification for such
an exemption appears to be twofold.
First, there Is a claim that ADP and
oversight of DOD's ADP and telecom-
munications activities will weaken our
national defense.
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This growth, coupled with the availabi .
ity and application of modern technol-
ogy, has fostered an almost addictive de-
mand for more and more information.
At the present, there are, virtually no
managerial and budgetary contras on
this demand. The Government'
boo
treated information as a free good with-
out regard to: First, the hidden costs to
the public to provide information; and -
second, the costs to the Government to
has not improved sufficiently to Fondle
this information explosion. In fact, the
Government's traditional Information
systems are breaking down under the
burden. Instead of providing timely and
accurate information to manage Gov-
systems more often than not stifle com-
munications between the Government
and the people, mislead the Government
decisionmakers, clog Information Chan- -
nels, and suffocate Government officials
under mounds of computer printouts.
Unless something is done to correct
this waste and inefficiency, the Govern-
ment will fall increasingly behind In
meeting its responsibilities to the
Amercan taxpayer. It was this finding
that drove the Paperwork Commission
to recommend, the consolidation of all
Information policysettkig activities. In-
cluding ADP and telecommunications,
into a centrait went. oim'ceThe
Commission belieeved strong central
leadership was essential to bring about
the basic fundamental changes that
need to take place In the Government's
management of its information re-
sources.
As for the claim that increased over-
sight will somehow harm our fictional
defense effort, there is no, evidence which
has been presented that supports this
assertion.
The examples raised by the opponents
are based on highly selective and mis-
leading data. The claims that 'GSA has
repeatedly interfered with DOD deter-
minations of need for ADP equipment'
refers to efforts to stop sole-sourcing of
"favored" vendors by military com-
ponents. The claim that's significant
portion of the lengthy acquisition time
for complex ADP systems Is attributable
to delays caused by the procedures im-
posed by the Brooks Act runs counter
to recent GAO studies that show the
military departments responsible . for
most of the delay. Close examination of
the other cases show no support for the
conclusions drawn from them. Each.
case illustrates poor planning and poor
OMB, or Congress.
I am happy to see
amendment supports
0050.004=_2 _
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1111380
strong central management over the
Government's information activities. I
urge the House to accept'the Senate-
passed bill.
Mr. HORTON. Mr. Speaker, I rise in
support of H.R. 6410, the Paperwork Re-
duction Act, of 1980.
This bill, of which I am the principal
cosponsor, has an extremely meritorious
purpose: It creates a structure within
the Federal Government for the better
management of Federal information re-
sources. Under the bill, the Office of
Management and Budget is to set Gov-
eernment-wide information policy, and
each agency; through its single informa-
tion resources manager, is to implement
that policy. As an aspect of better man-
agement, and a specific way in which the
Federal paperwork burden can be re-
duced, OMB is granted the power to ap-
prove or reject any request which any
agency proposes to make for the collec-
tion of information from 10 or more
persons.
The version of the bill now before us--
the version which was passed by the
other body-is similar to the one which
passed the House by a vote of 328 to 13
last March. The most significant differ-
ence between the two measures is the
inclusion of a new subsection 3504(h) in
the Senate version. The Senate provision
is innovative in that it attempts to link
the regulation-writing process with the
collection of information by the Federal
Government. The provision does this by
mandating that OMB review and com-
ment on each proposed regulation which
contains a requirement for the collection
of information.
Because subsection 3504(h) which the
Senate has added to the bill is extremely
complex, I think it is essential to clarify
three points about it:
First, OMB's authority to review and
comment on portions of proposed regu-
lations which require the collection of
information is supplemental to that
agency's authority to approve or reject
specific information collection requests.
No matter what its action may have been
with regard to a proposed regulation,
OMB may freely approve or reject any
specific collection request deriving from
such a regulation.
Second, in reviewing proposed regula-
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Section 3504(h) (9) states that there
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Mr. Speaker, this measure has been
through many forms and many delibera-
tions since its essence was recommended
by the Commission on Federal Paper-
CONGRESSIONAL RECORD-HOUSE December 1, 1980
work 3 years ago. I would be very pleased
to have all my colleagues assist it over
its final legislative hurdle today, and I
look forward to important managerial
improvements in the Federal Govern-
ment as it becomes law.
Mrs. SNOWE. Mr. Speaker, I have
no requests for time and yield back the
balance of my time.
Mr. BROOKS. Mr. Speaker, I have
no further requests for time.
The SPEAKER pro tempore. The
question is on the motion offered by the
gentleman from Texas (Mr. BROOxs)
that the House suspend the rules and
concur in the Senate amendments to the
bill. H.R. 6410.
The question was taken; and (two-
thirds having voted in favor thereof)
the rules were suspended and the Sen-
ate amendments to the bill, H.R. 6410,
were concurred'in.
A motion to reconsider was laid on
the table.
Mr. DANIELSON. Mr. Speaker, I move
to suspend the rules and pass the bill.
H.R. 7206, to grant the consent of the
United States to the Red River Compact
among the States of Arkansas, Louisi-
ana, Oklahoma, and Texas, as amended.
The Clerk read as follows:
S.R. 7206
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled,
SECTION 1. The Consent of Congress is.
hereby given to the Red River Compact
among the States of Arkansas, Louisiana,
Oklahoma, and Texas, of May 12, 1978, as
ratified by the States of Arkansas, Louisiana,
Oklahoma, and Texas, as follows:
PREAMBLE
The States of Arkansas, Louisiana, Okla-
homa, and Texas, pursuant to the acts of
their respective Governors or legislatures, or
both, being moved by considerations of in-
terstate comity, have resolved to compact
with respect to the water of the Red River
and its tributaries. By Act of Congress, Pub-
lic Law No. 346 (84th Congress, First Ses-
sion), the consent of the United States has
been granted for said States to negotiate
and enter Into a compact providing for an
equitable apportionment of such water; and
pursuant to that Act the President has des-
ignated the representative of the United
States. -
Further, the consent of Congress has been
given for two or more States to negotiate
and. enter into agreements relating to water
pollution control by the provisions of the
Federal Water Pollution Control Act (Public
Law 92-500, 33 U.S.C. 125 et seq.).
The Signatory States acting through their
duly authorized Compact Commissioners,
after several years of negotiations, have
agreed to an equitable apportionment of
the water of the Red River and Its tribu-
taries and do hereby submit and recommend
that this compact be adopted by the re-
spective legislatures and approved by Con-
gress as hereinafter set forth:
ARTICLE I
PURPOSES
SECTION 1.01. The principal purposes of
this Compact are:
(a) To promote interstate comity and
remove causes of controversy between each
of the affected states by governing the use,
control and distribution of the Interstate
water of the Red River and its tributaries;
(b) To provide an equitable apportion-
ment among the Signatory States of the
water. ofthe Red River and its tributaries;
(c) To promote an active program for the
control and alleviation of natural deterio-
ration and pollution of the water of the
Red River Basin and to provide for enforce-
ment of laws related thereto;
(d) To provide the means for an active
program for the conservation of water, pro-
tection of lives and property from floods,
improvement of water quality, development
of navigation and regulation of flows In the
Red River Basin; and
(e) To provide a basis for state or joint
state planning and action by ascertaining
and identifying each state's share In the
interstate water of the Red River Basin and
the apportionment thereof.
ARTICLE II
GENERAL PROVISIONS
SECTION 2.01. Each Signatory State may
use the water allocated to it by the Contm
pact in any manner deemed beneficial by
that state. Each state may freely administer
water rights and uses in accordance wi
the laws of that state, but such uses sh ?{-
be subject Ito the availability of water In
Accordance with-the apportionments made
by this Compact.
SECTION 2.02. The use of water by the
United States In connection with any Fed-
eral project shall be in accordance with the
Act of Congress authorizing the project and
the water shall be charged to the state or
states receiving the benefit therefrom.
SECTION 2.03. Any Signatory State using
the channel of Red River or its tributaries to
convey stored water shall be subject to an
appropriate reduction in the amount which
may be withdrawn at the point of removal
to account for transmission losses.
SECTION 2.04. The failure of any state to
use any portion of the water allocated to it
shall not constitute relinquishment or for-
feiture of the right to such use.
SECTION 2.05. Each Signatory State shall
have the right to:
(a) Construct conservation storage ca.
pacity for the Impoundment of water al-
located by this Compact;
(b) Replace within the same area any stor-
age capacity recognized or authorized by this
Compact made unusable by any cause, In-
cluding losses due to sediment storage;
(c) Construct reservoir storage capacity for
the purposes of flood and sediment control
as well as storage of water which Is either
imported or Is to be exported if such storage
does not adversely affect the delivery of wa-
ter apportioned to any other Signatory State;
and
(d) Use the bed and banks of the Red
River and its tributaries to convey stored
water, imported or exported water, and water
apportioned according to this Compact.
SECTION 2.06. Signatory States may cooper-.
ate to obtain construction of facilities~~Qpejoint benefits to such states.
SECTION 2.07. Nothing In this Compact sbAfi
be deemed to Impair or affect the powers,
rights, or obligations of the United StaJas,
or those claiming under its authority, In, dyer
and to water of the Red River Basin.
SECTION 2.08. Nothing in this Compact shall
be construed to include within the water ap-
portioned by this Compact any water con-
sumed in each state by livestock or for do-
mestic purposes; provided, however, the stor-
age of such water is in accordance with the
laws of the respective states but any such im-
poundment shall not exceed 200 acre-feet,
or such smaller quantity as may be provided
for the laws of each state.
SECTION 2.09. In the event any state shall
Import water into the Red River Basin from
any other river basin, the Signatory State
making the importation shall have the use of
such imported water.
Approved For Release 2007/05117,._ CIA- RDP85-00003 R000300050004-2