PAPERWORK REDUCTION ACT OF 1980

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300050005-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 20, 2016
• Document Release Date: May 17, 2007
• Sequence Number: 5
• Publication Date: November 19, 1980
• Content Type: OPEN SOURCE

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S1470,2
the left hand to know what the right
hand is doing. It should not be forgotten
that one that one important goal of this.
legislation is to reduce the cost of Fed-
eral paperwork that is borne by the Fed-
eral Government itself-a cost estimated
by the Federal Paperwork Commission at
$43 billion. The Federal information lo-
cator system should enable Federal agen-
cies to determine if the information they
want is already available elsewhere in
the Federal Government, thereby elimi-
nating duplicative information requests.
These three provisions, in my view, are
the core of this legislation. However, for
purposes of legislative history, I want to
speak to a few additional questions
which, in my view, merit discussion.
There has been some question raised
whether this bill is intended to reach
information requests put out by the
Federal Government which impose no
duty on the recipient to respond. It Is.
Although we are chiefly concerned about
the burden imposed on the American
people by paperwork they have no choice
about answering, we are also concerned
about paperwork that can freely wind up
in the wastebasket-and often does.
Whether responses to a request for
information are voluntary, required to
obtain a benefit, or mandatory, no in-
formation request should ever go out
unless and until there has been a deter-
mination that it is necessary. If It is not,
necessary it is a waste of the taxpayer's
money and, as often as not, an insult
to the recipient. A case in point was re-
cently called to my attention by the edi-
tor of the Dunklin (Mo.) Daily Demo-
crat, in a recent editorial entitled "What
Paperwork Victory?" I recommend it
to the attention of my colleagues, the
Secretary of the Department of Health
and Human Services, and the Director
of the office of Management and Budg-
et. And I ask unanimous consent that
it be printed at this point in the RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
WHAT PAPERWORK VICTORY?
CONGRESSIONAL RECORD -SENATE November 19, 1980
This particular mailing had four separate
parts: a cover letter, a, questionnaire, an 8-
page bulletin and. an enclosed return enve-
lope. The purpose of this particular mailing
was to determine whether this newspaper
wanted to continue to receive the agency'
Information and Feature Service. To 4ualify
for receipt, the newspaper was being asked
to complete a page-long questionnaire, ask-
ing for a variety of information ranging
from occupation to "organization setting"
to major areas of interest.
We refer Sen. Danforth to this particular
agency, whose title is too long to be repeated
in this brief space, as one segment of the
federal government which has yet to learn
of the corrective forces of the Chiles-Dan-
forth bill.
P.S.: We decided the agency's mailings
weren't worth the trouble of the question-
naire.
Mr. DANFORTH. Such stories are
common. Let me make it clear, therefore,
that by this legislation we intend that
Federal agencies and OMB intensely
scrutinize all paperwork requests of the
public. The fact that responses to a re-
quest for information are voluntary is
no excuse for agency heads or OMB to
let down their guard. Indeed it is such
requests, as often as not, that fuel public
suspicion-and rightfully so-about the
waste of tax dollars.
This brings me, then, to another aspect
of this legislation that, in my view,
merits special notice. Section 3504(c) (3)
(C) of the bill states that one of the
Director's duties in reviewing paperwork
requests will be to insure that they "con-
tain a statement to inform the person
receiving the request why the informa-
tion is being collected (and) how it is to
be used." This provision was added to the
bill at my request. It seems to me that if
the Federal Government is going to ask
the American people to fill out a lot of
forms, it ought tout least have the com-
mon decency to tell them why they are
doing it. This does not have to be an ex-
haustive statement-but it should be of
sufficient length to be informative. And-
this should go without saying-it should
be in plain English. I expect that the
Director of the OMB will be diligent in
policing this requirement. In my opinion,
nary circumstances, subject to the paper-
work controls of this act. As the commit-
tee made clear in its report, the only cir-
cumstances under which collections of
information are considered to be con-
ducted or "sponsored" by a Federal
agency are where:
First, the agency itself conducts the
collection;
Second, the agency uses a procurement
contract to obtain information by way .y
of a contractor; or
Third, the terms and conditions of a -
grant or cooperative agreement specif-
ically require that collections of infor-
mation be subject to the clearance re-
quirements of the act.
The Federal grant system is already a
maze of redtape and regulations for the
hapless recipient of Federal grants. Al-
though we are concerned that recipients
of Federal grants use public resources
wisely and be sensitive to the burden
which their requests for information may
impose, we do not believe it advisable to
subject grant recipients to paperwork re-
views by OMB. I might add that, to my
knowledge, this decision by the commit-
tee affirms current practice.
Other reservations in the bill derive
from the committee's concern that, in
our zeal to control paperwork, we not
subvert other important governmental
purposes. This bill is a paperwork
bill-and its primary purpose is to
minimize the burden of Federal pa-
perwork on the American people.
Where, for example, concerns were.,
voiced that the bill might adversely'
affect Federal law enforcement, Intel-,
ligence, or counterintelligence efforts,
or national security or defense, the
committee acted to limit paperwork
reviews. Further, with respect to policy:
questions affecting the acquisition of
telecomunications equipment, when con-
cern was expressed that passage of this
legislation would increase the pow-
ers of the Administrator of the Gen-
eral Services Administration to review
agency acquisition policies under Public
Law 89-306 (the Brooks Act) the corn-
up in wastebaskets
irony, at a statement released this week by
U.S. Sen. John Danforth declaring, j'Con-
gress is one step closer to victory in the war
against federal paperwork." The Missouri
lawmaker was announcing the fact that the
Senate Committee on Governmental Affairs
is soon expected to report out the Chiles-
Danforth bill to set controls on the "phenom-
enal number of federal ' forms that flood
out of Washington," to use Danforth's own
words.
Almost in the same mail, we received an
example of one of those "phenomenal num-
ber of federal forms" the Senator is refer-
ring to. This particular one came from the
National Institute on Alcohol Abuse and
Alcoholism in the Alcohol, Drug Abuse and
Mental Health Administration within the
Public Health Service which is a part of the
U.S. Department of Health and Human Serv-
ices. -Readers who may think we're joking
about this particular federal agency should
know that it is not only real but sending
out information right and left, page after
page of it, and that there really is such a
title for an agency. By the time an employee
of the agency identifies where and for whom
he works, he must be exhausted.
if somebody takes the time to explain to
the people getting them why they are
needed. In addition, in the process of
figuring out how to explain why a form
should be answered, more than one Fed-
eral bureaucrat may discover that there
really are not very good reasons-and
abandon the effort.
It is important to recognize, however,
that despite our intention that all Gov-
ernment paperwork be subject to review,
the committee placed important limita-
tions on that review. In certain areas,
our concern with controlling the burden
of Government paperwork was over-
shadowed by greater concerns.
For example, it should be clearly un-
derstood by everyone interested in this
legislation that the authority of the Di-
rector of OMB to review proposed infor-
mation collection requests applies only to
collections of information conducted or
sponsored by a Federal agency. Thus, re-
search projects funded by a grant or co-
operative agreement are not, under ordi-
such interpretation of this legislation.
Call it what you want, this bill is a paper-
work bill. It is concerned with informa-
tion management. Period. Amendments
accepted by the Senate today further
clarify this issue. -
If.this legislation is to achieve its goal
of reducing government paperwork, how-
ever, it is important to have the coopera-
tion of the independent agencies. I use
the term "cooperation" advisedly, for-
despite the fact that we have brought the
independent agencies back into the fold,
subjecting them, once again to OMB re-
view-we have given the independent
agencies the very important power to
void OMB directives.
Several members of the committee,
myself among them, did not readily em-
brace the notion of giving independent
agencies the power to override OMB de-
cisions. Those of us who are troubled by
the unaccountability of- the regulatory
bureaucracy were unhappy with the
prospect of the override authority being
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S 14704
The committee amendment, as
amended, was agreed to.
The bill was ordered to be engrossed
for a third reading and was read the
third time.
The PRESIDING OFFICER. The bill,
having been read the third time, the
question is, Shall it pass?
So the bill (S. 1411) was passed.
Mr. CHILES. Mr. President, I move to
reconsider the vote by which the bill was
passed.
. Mr. DANFORTH. Mr. President, I
move to lay that motion on the table.
The motion to lay on the table was
agreed to.
(Later the following occurred:)
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Com-
mittee on Governmental Affairs be dis-
charged from further consideration of
H.R. 6410, which is the companion paper-
work reduction bill; that the Senate pro-
ceed to its immediate consideration; that
all after the enacting clause be stricken,
and that in lieu thereof the Senate bill,
S. 1411, which had passed the Senate to-
day, be inserted; that the bill H.R. 6410
be advanced to third reading, passed, and
the motion to reconsider laid on the
table, and the bill S. 1411 be indefinitely
postponed.
Mr. STEVENS. It is my understanding
that what this does is to substitute the
House bill for the bill already passed,
and we will send the Senate version of
that bill to conference. I think the action
is warranted.
The PRESIDING OFFICER. Is there
objection? The Chair hears none, and
L it Ls so ordered.
SAFETY AND HEALTH IN SKIING
Mr. ROBERT C. BYRD. Mr. President,
I ask that the Chair lay before the Sen-
ate a message from the House of Repre-
sentatives on S. 43.
The PRESIDING OFFICER laid be-
fore the Senate the following message
from the House of Representatives:
Resolved, That the bill from the Senate
(S. 43) entitled "An Act to promote safety
and health in skiing and other outdoor win-
ter recreational activities", do pass with the
following amendment:
Strike out all after the enacting clause,
and insert:
CHARTER
SECTION 1. National Ski Patrol System, In-
corporated, a corporation organized under
the laws of the States of New York and Colo-
rado * is hereby recognized as such and
granted a Federal charter.
POWERS
SEC. 2. National Ski Patrol System, Incor-
porated (hereinafter referred to as the
"corporation") shall have only those powers
granted to it through its bylaws and articles
of incorporation filed in the States where it
is incorporated. -
OBJECTS AND PURPOSES OF CORPORATION
SEC. 3. The purposes of the corporation
shall be to promote, in any and all ways,
patriotic, scientific, educational and civic
improvement activities, public safety in
skiing, including, without limiting the gen-
erality of the foregoing, the dissemination of
information with respect thereto and the
formation of volunteer local patrols, con-
sisting of competent skiers trained in the
administration of first aid, for the purpose
CONGRESSIONAL RECORD-SENATE November 19, 1980
of preventing accidents and rendering -speedy
assistance to persons sustaining accidents;
to solicit contributions of money, services,
and other property for, and generally to en-
courage and, assist in carrying out, the fore-
going purposes ? in every way.
SERVICE OF PROCESS
SEC. 4. -With respect to _service of process,
the corporation shall comply with the laws
of the States in which it is incorporated and
those States in which it carries on its activi-
ties in furtherance of its corporate purposes.
MEMBERSHIP
SEC. 5. Eligibility for membership in the
corporation and the rights and privileges of
members shall, except as provided in this
Act, be as provided in the bylaws of the
corporation.
.RESPONSIBILITIES
SEC. 6. The board of directors of the cor-
poration and the responsibilities thereof
shall be as provided in the articles of incor-
poration of the corporation and in conform-
ity with the laws of the State or States where
incorporated.
OFFICERS OF CORPORATION
SEC. 7. The officers of the corporation and
the election of such officers shall be the same
as is provided for in the articles of incor-
poration of the corporation and in conform-
ity with the laws of the State or States where
incorporated.
RESTRICTIONS
SEC. 8. (a) No part of the income or assets
of the corporation shall insure to any mem-
ber, officer, or director of the corporation or
be distributed to any such person during the
life of this charter. Nothing in this subsec-
tion shall be construed to prevent the pay-
ment of reasonable compensation to officers
of the corporation or reimbursement for
actual necessary expenses in amounts ap-
proved by the board of directors.
(b) The corporation shall not make -any
loan to any officer, director, or employee of
the corporation.
(c) The corporation and any officer and
director of the corporation, acting as such
officer or director, shall not contribute to,
support or otherwise participate in any po-
litical activity or in any manner attempt to
influence legislation.
(d) The corporation shall have no power
to issue any shares of stock nor to declare or
pay any dividends.
LIABILITY
SEC. 9. The corporation shall be liable for
the acts of its officers and agents when act-
ing within the scope of their authority.
BOOKS AND RECORDS: INSPECTION
SEC. 10. The corporation shall keep correct
and complete books and records of account
and shall keep minutes of any proceeding of
the corporation involving any of its mem-
bers, the board of directors, or any commit-
tee having authority under the board of
directors. The corporation shall. keep at its
principal office a record of the names and
addresses of all members having the right to
vote. All books and records of such corpo-
ration may be inspected by any member
having the right to vote, or by any agent or
attorney of such member, for any proper
purpose, at any reasonable time. However,
nothing in this section shall be construed
to contravene any applicable State law.
AUDIT OF FINANCIAL TRANSACTIONS
SEC. 11. The first section of the Act entitled
"An Act to provide for audit of accounts of
private corporations established under Fed-
eral law", approved August 30, 1964 (36
U.S.C. 1101), is amended by adding at the
end thereof the following:
"(51) National Ski Patrol System, Incor-
porated".
ANNUAL REPORT
SEC. 12. The corporation shall report an-
nually to the Congress concerning the activi-
ties of the corporation during the preceding
calendar year. The report shall not be
printed as a public document.
RESERVATION OF RIGHT TO AMEND OR REPEAL
CHARTER
SEC. 13. The right to alter, amend, or re-
peal this Act is expressly reserved to the
Congress.
DEFINITION OF "STATE" 4
SEC. 14. For purposes of this Act, the term
"State" Includes the District of Columbia,
the Commonwealth of Puerto Rico, and the
territories and possessions of the United
States.
TAX EXEMPT STATUS
SEC. 15. The corporation shall retain its
status as an organization exempt from taxa-
tion as provided in the Internal Revenue
Code. If the corporation fails to retain such
status, the charter granted hereby shall
expire.
? Mr. HATCH. Mr. President, I am grati-
fied that the National Ski Patrol System
Recognition Act is about to become pub-
lic law, having been fully considered and
approved by both Houses of Congress.
The road to reach this point has been
long, primarily because of the special na-
ture of Federal charters. Congress has
rightly guarded these privileges so that
they and the organizations which have
earned the honor of holding one are not
devalued.
I share the view that charters should
not be issued indiscriminately. While
there are thousands of worthy organiza-
tions
which may benefit from the pres-
tige of holding a congressional charter,
not all of these can meet the standards"
established by the Judiciary Committees
of the House and Senate and the intent
of Congress implied by these guidelines.,
I do not begrudge my colleagues the
time they have spent examining the Na-
tional Ski Patrol System, its purposes,
achievements, and cooperative relation-
ships with other public service organiza-
tions, including the U.S. Government.
This is a ' necessary part of evaluation
and I encourage similar scrutiny of sub-
sequent petitions to Congress from oth-
er organizations.
I also encourage organizations seeking
a charter to be fully prepared to show
specifically how they meet the standards
for Federal charters and how they plan
to assist the public.
I am delighted, however, that the Na-
tional Ski Patrol System and its 23,000
members nationwide will be so honored
by the 96th Congress. These men and
women have been unselfish in their devo-
tion to public safety both on and off the
ski slopes. Their effectiveness in render-
ing emergency first aid and search and
rescue services has been well documented
by physicians, nurses, and hospitals in
cases of automobile accidents, drown-
ings, heart attacks, and choking as well
as In skiing and winter sports accidents. f
In view of this service, a charter is an
appropriate form of congressional recog-
nition.
Mr. President, there have been many ,+O
people who have tirelessly helped in get-
ting this measure through bothHouses of
Congress and I would like to express my
public appreciation to them. In the Sen-
.
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 Approved For Release. 20
HOLLINGS) and his predecessor at that The legislative clerk proceeded to call
committee, our former colleague and the roll,
our current distinguished Secretary of. Mr.- BAKER. Mr. President, I ask
State, Ed Muskie. unanimous consent-that the order for the
Their stewardship of this critical corn- quorum call be rescinded.
mittee, through a difficult and often The PRESIDING OFFICER. Without
tempestuous time, has been . nothing objection, it is so ordered.
less than exemplary. They are to be,
November 19, -1980 CONGRESSIONAL RECORD --SENATE
LINGS, Mr. CHILES, Mr. BIDEN, Mr. MoYNI-
NAN, Mr. METZENBAUM, Mr. ExoN, Mr.
BELLMON, Mr. DOMENICI, Mr. ARMSTRONG,
and Mr. PACKWOOD conferees on the part
of the Senate.
Mr. HOLLINGS. Mr. President, I ask
unanimous consent that Senate Concur-
rent Resolution 119 be indefinitely post-
poned.
The PRESIDING OFFICER. Without
abjection, it is so ordered.
Mr. BAKER. Mr. President, when the
Senate convened for this lameduck ses-
sion a few days ago, I indicated I would
prefer not to consider a budget resolu-
tion in this session. It was equally clear
that notwithstanding that, we will not be
able to conclude this appropriations
process in the few days remaining to us
in this session. A continuing resolution
will be necessary to tide us over until
the bills can be considered by the new
Congress in January. The necessity to
pass a budget resolution appears to be
compelling.
In view of this, it originally seemed
preferable to me to hold the budget
resolution over until next year. But, I
have been persuaded by the distinguished
Senator from New Mexico (Mr. DOME-
NICI), who will assume the chairman-
ship of the Budget Committee in Jan-
uary, by the distinguished Senator from
Oklahoma (Mr. BELLMON), the outgoing
ranking member of the committee, and
by others that we would be better served
by preserving the integrity of the budget
li~rocess through the passage of the reso-
thtion before we adjourn sine die..
-,It is for this reason that I voted for
al passage of this budget resolution,
and encouraged others to do so, as well.
But this is certainly not a final budget
in any sense of the word. At best, it is
but an interim resolution which will in-
evitably be amended or alternatively,
superceded by a third concurrent
resolution.
And such revision is undoubtedly
necessary. We must bring swollen spend-
ing levels back in line with the numbers
assumed by the second concurrent reso-
lution. The need to control Federal
expenditures and the rate of that Fed-
eral spending, as well as to enforce the
requirements of reconciliation, is un-
deniable.
I would like to commend the outgoing
ranking member of the Budget Commit-
tee, my good friend, Senator HENRY
BELLMON. I know that all of us in this
Chamber are saddened by his pending
departure from our ranks. HENRY BELL-
MoN has served his State, his Senate,
and his Nation with excellence and
great honor for the past 12 years. He
will be sorely missed in these Halls.
I would also like to congratulate the
incoming chairman of the committee,
also a good friend Senator PETE
commended.
ORDER FOR RECESS UNTIL 10 A.M.
NOVEMBER 20, 10 A.M. NOVEMBER
21, AND 12 NOON NOVEMBER 24
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that when the
Senate completes its business today it
stand in recess until 10 o'clock tomorrow
morning.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President;
I ask unanimous consent that when the
Senate completes its business tomorrow
it stand in recess until the hour of 10
o'clock Friday morning.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that when the
Senate convenes on Monday it convene
at 12 noon following the recess.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
I will not ask consent until Mr. BAKER or
someone representing him is here, but I
would like to go to the paperwork bill. I
suggest the absence of a quorum with the
understanding that I retain my right to
the floor.
The PRESIDING OFFICER. Without
objection, it is so ordered. The clerk will
call the roll.
The legislative clerk proceeded to call
the roll.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Senate
proceed to . the consideration of the
paperwork reduction bill, S. 1411, Calen-
dar Order No. 1015, with the understand-
ing that no nongermane amendments be
in order.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. BAKER. Mr. President, would the
majority leader be willing to vacate that
for one brief moment?
Mr. ROBERT C. BYRD. Yes.
Mr. BAKER. Mr. President, I previ-
ously advised the majority leader that I
DOMENICI. I am certain he will become was agreeable to that and am now told
an extraordinary and splendid chairman, that we have one more notation on our
I pledge him my complete cooperation. calendar that may take just a few mo-
Finallyf Mr. President, I would be re- ments to clear.
..miss if I failed to make mention of the Mr. ROBERT C. BYRD. All right.
outstanding contributions to both our Mr. President, I temporarily withhold
%udget process and the Senate as a my request and I suggest the absence "of
whole of the current chairman of the a quorum.
Budget Committee, the distinguished The PRESIDING OFFICER. The clerk
Senator from South Carolina" (Mr. will call the roll.
Approve
PAPERWORK REDUCTION ACT
OF 1980
Mr. GOLDWATER. Mr. President,
sometime ago, when S. 1411, a bill to
improve the economy and efficiency of
the Government and the private sector
by improving Federal information man-
agement and for other purposes, came on
the calendar; I raised an objection. My
objection pertained only to intelligence.
The Senator . from Florida has in-
formed me that, since that time, he has
worked this out with intelligence; and
because I was in the hospital at the time,
I was not told of it, and I apologize for
not having been aware of it. My staff
tells me that, so far as Intelligence is
concerned, it is now all right.
However, and this does not come un-
der my purview, because I am not chair-
man of the Armed Services Committee-
the Secretary of Air has complained
about some aspects of the bill only in the
last few days.
I will withdraw my objection, and I
do not believe Senator TOWER or Sena-
tor SrENNIs have entered an objection,
so I imagine that it is all right to go
ahead with the matter, unless the
Armed Services Committee might hold an
objection about which I do not know.
Mr. CHILES. I thank the distinguished
Senator from Arizona.
I had tried to work it out, and I am
sorry if I was excited when I talked with
the Senator. I thought we had worked
out those areas.
Senator JACKSON iS coming to the
Chamber with some amendments con-
cerning the armed services aspects of
the act in addition to intelligence, and
we are going to take those amendments.
Mr. GOLDWATER. There is no objec-
tion of which I know.
Mr. CHILES. I thank the Senator.
Mr. ROBERT C. BYRD. Mr. President,
I thank the distinguished Senator from
Arizona (Mr. GOLDWATER).
I suggest the absence of a quorum.
The PRESIDING. OFFICER. The clerk
will call. the roll.
The assistant legislative clerk proceed-
ed to call the roll.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr.
BOREN).. Without objection, it is so
ordered.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Senate
proceed to the consideration Calendar
Order No. 1074, Senate Resolution 516,
the budget waiver with respect to the
paperwork reduction bill.
Mr. BAKER. Mr. President, reserving
the right to object, and I shall not ob-
ject, it is my privilege now to advise the
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S14682
distinguished majority leader and the
majority manager of this bill, the Sena-
tor from Florida, that all the objections
on this side to the paperwork bill have
been cleared and we will have no objec-
tion to the request and, of course, that
extends necessarily to the consideration
of the budget waiver just identified by
the majority leader.
The PRESIDING OFFICER. The res-
olution will be stated.
The assistant legislative clerk read as
follows:
A resolution (S. Res. 516) waiving section
402(a) of the Congressional Budget Act with
respect to the consideration of S. 1411.
The PRESIDING OFFICER. Is there
objection to the request of the Senator
from West Virginia?
There being no objection, the Senate
proceeded to the consideration of the
resolution.
The PRESIDING OFFICER. The
question is on agreeing to the resolution.
The resolution (S. Res. 516) was
agreed to, as follows:
S. Ras. 516
Resolved, That pursuant to section 402(c)
of the Congressional Budget Act of 1974, the
provisions of section 402(a) of such Act are
waived with respect to the consideration of
S. 1411. Such waiver is necessary because
provisions of S. 1411 establish a goal to re-
duce the burden of Federal paperwork re-
quirements on the public by 25 per centum
in three years, which would be difficult to
accomplish if the small amount of resources
required in fiscal 1981 were not available to
the Office of Information-. and Regulatory
Affairs. Reductions in paperwork for all sec-
tors of the economy are expected to reduce
inflationary pressures. The committee re-
grets it was unable, due to the lengthy con-
sideration of regulatory reform and lobbying
reform to meet the May 15 date for the Pa-
perwork Reduction Act. The committee be-
lieves the potential savings and reduced in-
flation due to reduced paperwork burden
should not be foreclosed. The Committee's
letter to the Budget Committee pursuant to
the requirements of section 301(c) of the
Congressional Budget Act of 1974 did discuss
S. 1411, the Paperwork Reduction Act.
Mr. ROBERT C. BYRD. Mr. President,
I move to reconsider the vote by which
the resolution was agreed to.
Mr. BAKER. Mr. President, I move to
lay that motion on the table.
The motion to lay on the table was
agreed to.
PAPERWORK REDUCTION ACT OF
1980
Mr. ROBERT C. BYRD. Mr. President,
I renew my previous request that the
Senate proceed to the consideration of
Calendar Order No. 1015, S. 1411, with
the proviso that no nongermane amend-
ments be in order.
The PRESIDING OFFICER. The bill
will be stated.
The assistant legislative clerk read as
follows:
A bill (S. 1411) to improve the economy
and efficiency of the Government and the
private sector by improving Federal Informa-
tion management, and for other purposes.
The PRESIDING OFFICER. Is there
objection to the present consideration of
the bill?
CONGRESSIONAL RECORD-SENATE November 19, 1980
There being no objection, the Senate
proceeded to consider the bill which had
been reported from the Committee on
Governmental Affairs with an amend-
ment to strike out all after the enacting
clause, and insert in lieu thereof the fol-
lowing:
That this Act may be cited as the "Paper-
work Reduction Act of 1980".
SEC. 2. (a) Chapter 35 of title 44, United
States Code, is amended to read as follows:
"CHAPTER 35-COORDINATION OF FED-
ERAL INFORMATION POLICY
"Sec.
"3501. Purpose.
"3502. Definitions.
"3503. Office of Information and Regulatory
Affairs.
"3504. Authority and functions of Director.
3505. Assignment of tasks and deadlines.
3506. Federal agency responsibilities.
"3507. Public information collection activ-
ities-submission to Director; ap-
proval and delegation.
"3508. Determination of necessity for infor-
mation; hearing.
"3509. Designation of central collection
agency.
"3510. Cooperation of agencies in making in-
formation available.
"3511. Establishment and operation of Fed-
eral Information Locator System.
"3512. Public protection.
"3513. Director review of agency activities;
reporting; agency response.
"3514. Responsiveness to Congress.
"3515. Administrative powers.
"3516. Rules and regulations.
"3517., Consultation with other agencies and
the public.
'3518. Effect on existing laws and regulations.
"3519. Access to information.
"3520. Authorizatiop of appropriations.
"$ 3501. Purpose
"The purpose of this chapter is-
"(1) to minimize the Federal paperwork
r burden for individuals, small businesses,
State and local governments, and other per-
sons;
"(2) to minimize the cost to the Federal
Government of collecting, maintaining,
using, and disseminating information;
"(3) to maximize the usefulness of in-
formation collected by the Federal Govern-
ment;
"(4) to coordinate, integrate and, to the
extent practicable and appropriate, make
uniform Federal information policies and
practices;
"(5) to ensure that automatic data pro-
cessing and telecommunications.technologiea
are acquired and used by the Federal Gov-
ernment in a manner which improves serv-
ice delivery and program management,
increases productivity, reduces waste and
fraud, and., wherever practicable and appro-
priate, reduces the information processing
burden for the Federal Government and for
persons who provide information to the
Federal Government; and
"(6) to ensure that the collection, main-
tenance, use and dissemination of informa-
tion by the Federal Government is consistent
with applicable laws relating to confi-
dentiality, including section 552a of title 5,
United States Code, known as the Privacy
Act.
3502. Definitions
"As used in this chapter-
"(1) the term 'agency' means any execu-
tive department, military department, Gov-
ernment corporation, Government controlled
corporation, or other establishment in the
executive branch of the Government (in-
cluding the Executive Office of the Presi-
dent), or any independent regulatory agency,
but does not include the General Account-
ing Office, Federal Election Commission, the
governments of the District of Columbia and
of the territories and possessions of the
United States, and their various subdivisions,
or Government-owned contractor-operated
facilities including laboratories engaged in
national defense research and production
activities;
"(2) the term 'burden' means the time,
effort, or financial resources expended by
persons to provide information to a Federal
agency;
"(3) the term 'collection of information'
means the obtaining or soliciting of facts or
opinions by an, agency through the use of
written report forms, application forms,
schedules, questionnaires, reporting or rec-
ordkeeping requirements, or other similar
methods calling for either-
"(A) answers to identical questions posed
to, or identical reporting or recordkeeping re-
quirements imposed on, ten or more persons,
other than agencies, instrumentalities, or
employees of the United States; or
"(B) answers to questions posed to agen-
cies, instrumentalities, or employees of the
United States which are to be used for gen-
eral statistical purposes.
"(4) the term 'data element' means a dis-
tinct piece of information such as a name,
term, number, abbreviation, or symbol;
"(5) the term 'data element dictionary'
means a system containing common defini-
tions and cross references for commonly used
data elements;
"(6) the term 'data profile' means a sy-
nopsis of the questions contained in an in-
formation collection request and the official
name of the request, the location of informa-
tion obtained or to be obtained through the
request, a list of any compilations, analyses,
or reports derived or to be derived from sufr~hh
information, any record retention require-
ments associated with the request, the agen-
cy responsible for the request, the statute a'.~
thorizing the request, and any other infor-
mation necessary to identify, obtain, or use
the data contained in such information;
"(7) the term 'Director' means the Direc-
tor of the Office of Management and Budget;
"(8) the term 'directory of information re-
sources' means a catalog of information col-
lection requests, containing a data profile for
each request;
"(9) 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 Fedex l 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 Occupa-
tional Safety and Health Review Commission,
the Postal Rate Commission, the Securities
and Exchange Commission, and any other
similar agency designated by statute as a
Federal independent regulatory agency or
commission;
"(10) the term 'information collection
request' means a written report form, appli-
cation form, schedule, questionnaire, report-
ing or recordkeeping requirement, or other
similar method calling for the collection of
information;
"(11) the term 'information referral serv-R
ice' means the function that assists officials
and persons in obtaining access to the Fed-
eral Information Locator System; It
"(12) the term 'information systems' meads
management information systems;
"(13) the term 'person' means an individ-
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 November 19, 1980
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,
territory, or local government or a branch
of a political subdivision;
? "(14) the term 'practical utility' means the
ability of an agency to use information it
collects, particularly the capability to process
such information in a timely and useful
fashion;
1 " (15) the term 'recordkeeping requirement'
means a requirement imposed by an agency
on persons to maintain specified records; and
"(16) the term 'telecommunications' equip-
ment, technology, functions, activities, or
needs means the equipment, technology,
functions, activities, or needs used solely for
(A) the 'collection of information' as defined
in subsection (3) of this section, or (B) the
processing, storage, and transmission of such
collected information.
"1 3503. 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
Regulatory Affairs.
"(b) There shall be at the head of the
Office an Associate Director, who shall be
appointed by and shall report directly to the
Director. The Associate Director shall serve
as principal adviser to the Director on Federal
information policy. The Director may dele-
gate to the Associate Director functions under
this chapter, except that any such delegation
shall not relieve the Director of responsibility
for the administration of such functions.
,The Director may not delegate any function
under this chapter to any other officer or
t mployee of the Office of Management and
udget except the. Associate Director.
3504. Authority and functions of Director
"(a) The Director shall provide overall di-
rection in the development and implementa-
tion of Federal information policies, prin-
ciples, standards, and guidelines, including
direction over the review and approval of in-
formation- collection requests, the reduction
of the paperwork burden, Federal statistical
activities, records management activities,
privacy of records, interagency sharing of in.
formation, and acquisition and use of auto.
matic data processing 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) establishing uniform information re-
sources management policies and overseeing
the development of information management
principles, standards, and guidelines and pro-
moting their use;
"(2) initiating and receiving proposals for
changes in legislation, regulations, and agen-
cy procedures to improve information prac-
tices, 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 prac-
tices;
"(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 ads-
quacy and efficiency, and to determine corn-
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.
"(c) The information collection request 552a of title 5, United States Code, and re-
clearance and other paperwork control func- lated information management laws.
tions of the Director shall include- "(g) The Federal automatic data process-
"(1) reviewing and approving information ing and telecommunications functions of the
collection requests proposed by agencies; Director shall include-
"(2) determining whether the collection of "(1) establishing policies, - principles,
information by an agency is necessary for the standards, and guidelines for automatic data
proper performance of the functions of the processing and telecommunications func-
agency, including whether the information
will have practical utility for the agency;.
"(3) ensuring that all information col-
lection requests-
"(A) are inventoried, display a control
number and, when appropriate, an expira-
tion date;
"(B) indicate the request is in accord-
ance with the clearance requirements of sec-
tion 3507; and
"(C) contain a statement to inform the
person receiving the request why the in-
formation 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 ac-
cordance with section 3509, a collection
agency to obtain information for two or
more agencies;,
"(5) setting goals for reduction of the
burdens of Federal information collection
requests;
"(6) overseeing action on the recommen-
dations of the Commission on Federal Paper-
work; and
"(7) designating and operating, in ac-
cordance with section 3511, the Federal In-
formation 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, in-
terpreting, and disseminating statistics and
statistical information;
"(3) overseeing Government-wide policies,
principles, standards, and guidelines con-
cerning 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, stand-
ards, 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 ad-
ministration of chapters 29, 31, and 33 of
this title with the information policies, prin-
ciples, 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 promul-
gated by the Administrator of General Serv-
ices thereunder; and
"(3). coordinating records management
policies and programs with related informa-
tion programs such as information collec-
tion, statistics, automatic data processing
and telecommunications, and similar activi-
ties.
"(f) The privacy functions of the Director
shall include-
"(1) establishing policies- principles,
standards, and guidelines on information
discolsure and confidentiality, and on safe-
guarding the security of information col-
lected or maintained by agencies;
"(2) providing agencies with advice and
guidance about information security, re-
striction, exchange, and disclosure; and
"(3) monitoring compliance with section
tions and activities of the Federal Govern-
ment, and overseeing the establishment 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 proc-
essing and telecommunications equipment,
and coordinating, through the review of
budget proposals and other methods, agency
proopsals for acquisition and use of such
equipment;
"(4) promoting the use of automatic data
processing and telecommunications equip-
ment by the Federal Government to improve
the effectiveness of the use and dissemina-
tion of data in the operation of Federal pro-
grams; and
"(5) initiating and reviewing proposals for
changes in legislation, regualtions, and
agency procedures to improve automatic
data processing and telecommunications,
practices, and informing the President and
the Congress of the progress made therein.
"(h) The Director shall, subject to section
3507(c) of this chapter, ensure that, in de-
veloping rules and regulations, agencies-
"(1) utilize efficient means in the collec-
tion, use, and dissemination of information;
"(2) provide an early and meaningful op-
portunity for the public to comment on
proposed means for collection of information;
and
"(3) assess the consequences of alternative
means for the collection, use, and dissemina-
tion of information.
"? 3505. 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 informa-
tion by 15 per centum by October 1, 1982;
and
"(B) for the year following, set a goal to
reduce the burden which existed upon enact-
ment 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 activi-
ties as defined in section 4-206 of Executive
Order 12036, issued January 24, 1978, or suc-
cessor orders; -
"(B) establish the Federal Information'
Locator System;
"(C) identify areas of duplication in infor-
mation 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 re-
quired 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
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with the administration
rograms? and
CONGRESSIONAL RECORD -SENATE
V "(3) within two years after the
date of this Act-
"(A) establish a schedule and & manage,
ment control system to ensure that prac-
tices and programs of information handling
disciplines, including records management,
are appropriately integrated with the In-
formation policies mandated by this
chapter;
"(B) identify initiatives to improve pro-
ctivity in Federal operations using infor-
d
u
-"(C) develop a program to (1) enforce seek to obtain information available from
Federal information processing standards at another source within the Federal Govern-
all Federal installations and (ii) revitalize ment;
the standards development programestib- "(B) reduce to the extent practicable and
lished pursuant to section 759(f) (2) of appropriate the burden on persons who will
40, United States Code, and separate such provide information to the agency; and
program from technological advisory "(C) formulate plans for tabulating the
services; information in a manner which will enhance
"(D) complete action on recommendations its usefulness to other agencies and to the
of the commission on Federal Paperwork by public;
implementing, implementing with modifi- "(2) the agency (A) has submitted to the
cation or rejecting such recommendations Director the proposed information collec-
including, where necessary, development of tion request, copies of pertinent regulations
legislation to implement such recommenda- and other related materials as the Director
tions; may specify, and an explanation of actions
"(E) develop, in consultation with the taken to carry out paragraph (1) of this sub-
Administrator of General Services, a five- section, and (B) has prepared a notice to be
year plan for meeting the automatic data published in the Federal Register stating
processing and telecommunications needs of that the agency has made such submission;
the Federal Government in accordance with and
the requirements of section 111 of the Fed- "(3) the Director has approved the pro-
eral Property and Administrative Services posed information collection 'request, or the
Act of 1949 (40 U.S.C. 759) and the Purposes period for review of information collection
of this chapter; and requests by the Director provided under sub-
"(F) submit to the President and the Con- section (b) has elapsed.
gress legislative proposals to remove incon- "(b) The Director shall, within sixty days
sistencies in laws and practices involving of receipt of a proposed information collec-
privacy, confidentiality, and disclosure of tion request, notify the agency involved of
information. the decision to approve or disapprove the re-
"? 3506. Federal agency responsibilities quest. If the Director determines that a re-
"(a) Each agency shall be responsible for quest submitted for review cannot be re-
carrying out its information management viewed within sixty days, the Director may.
activities in an efficient, effective, and eco- after notice to the agency involved, extend
nomical manner, and for complying with the the review period for an additional thirty
information policies, principles, standards, days. If the Director does not notify the
and guidelines prescribed by the Director. agency of an extension, denial, or approval
"(b) The head of each agency shall desig- within sixty days (or, if the Director has ex-
nate, within three months after the effective tended the review period for an additional
date of this Act, a senior official or officials thirty days and does not notify the agency
who report directly to such agency head to of a denial or approval within the time of
carry out the responsibilities of the agency the extension), a control number shall be
under this chapter. assigned without further delay, the approval
"(c) Each agency shall- may be inferred, and the agency may collect
"(1) systematically. Inventory its major the information for not more than one year.
information systems and periodically review "(c) Any disapproval by the Director, in
its information management activities, in- whole or in part, of a proposed information
cluding planning, budgeting, organizing, di- colection request of an independent regu-
recting, training, promoting, controlling, latory agency, or an exercise of authority
and other managerial activities involving under sections 3504(h) or 3509 concerning
the collection, use, and dissemination of such an agency, may be voided, if the agency
information; by a majority vote of its members overrides
"(2) ensure its information systems do not the Director's disapproval or exercise of au-
overlap each other or duplicate the systems thority. The agency shall certify each over-
of other agencies; ride to the Director, shall explain the rea-
"(3) develop procedures for assessing the sons for exercising the overriding authority.
paperwork and reporting burden of proposed Where the override concerns an information
legislation affecting such agency; collection request, the Director shall without
"(4) assign to the official designated un- further delay assign a control number to
der subsection (b) the responsibility for the such request, and such override shall be valid
conduct of and accountability for any ac- for a period of three years.
quisitions made pursuant to a delegation of "(d) The Director may not approve an in-
authority under section 111 of the Federal formation collection request for a period in
Property and Administrative Services Act of excess of three years.
1949 (40 U.S.C. 759); and "(e) If the Director finds that a senior
"(5) ensure that Information collection official of an agency designated pursuant to
requests required by law or to obtain a bene- section '35Q6(b) is sufficiently independent
fit, and submitted to nine or fewer persons, of program responsibility to evaluate fairly
contain a statement to inform the person whether proposed information collection re-
receiving the request that the request is not quests should be approved and has sufficient
subject to the requirements of section 3507 resources to carry out this responsibility
of this chapter, effectively, the Director may, by rule in ac-
"(d) The head of each agency shall estab- cordance with the notice and comment pro-
lish such procedures as necessary to ensure visions of chapter 5 of title 5, United States
the compliance of the agency with the re- Code, delegate to such official the authority
quirements of the Federal Information Loca- to approve proposed requests in specific pro-
November 19, 1980
tor system, including necessary screening gram
the Dr all
areas, purposes. for specific delegation
section purposes,
and compliance activities. foagency r under
shall rpo es not preclude
350 F. Public information collection activi- the Director from reviewing individual in-
ties-submission to Director; ap- formation collection requests if the Director
grovai and delegation determines that circumstances warrant such
"(a) An agency shall not conduct or spon- a review. The Director shall retain authority
sor the collection of information unless, in to revoke such delegations, both in general
advance of the adoption or revision of the and with regard to any specific matter. In;
request for collection of such information- acting for the Director, any official to whom
"(1) the agency has taken actions, includ- approval authority has been delegated under
ing consultation with the Director, to- this section shall comply fully with the rules
"(A) eliminate, through the use of the and regulations promulgated by the Director?
Federal Information Locator System and ..(f) An agency shall not engage in a col-
lection of information without obtaining
from the Director a control number to be
displayed upon the information collection
request.
"(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 com-
ply with the provisions of this chapter
within such sixty-day period, the agency
head may request the Director to au-
thorize such collection of information
prior to expiration of such sixty-day
period. The Director shall approve or
disapprove any such authorization request
within one working day after its receipt
and, if approved, shall assign the In-
formation collection request a control
number.. Any collection of information con-
ducted pursuant to this subsection may be
conducted without .compliance with the pro-
visions of this chapter for a maximum of
90 days after the date on which the Direc-
tor received the request to authorize such
collection.
3508. Determination of necessity for 1nt
formation; hearing
"Before approving a proposed informatidli-
collection request, the Director shall de-
termine whether the collection of informa-
tion by an agency is necessary for the proper
performance of the functions of the agency,
including whether the information will have.
practical utility. Before making a deter-
mination the Director may give the agency
and other interested persons an opportu-
nity to be heard or to submit statements in
writing. To the extent, if any, that the Di-
rector determines that the collection of in-
formation 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 deter-
mines that the needs of such agencies for
information will be adequately served by a
single collection agency, and such sharing of
data is not inconsistent with any appli-
cable 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 reimbursement for costs). While
the designation is in effect, an agency cov-
ered by it may not obtain for itself infor-
mation which it is the duty of the collection
agency to obtain. The Director may modify
the designation from time to time as cir-
cumstances require. The authority herein
is subject to the provisions of section,`
3507(c) of this chapter.
3510. Cooperation of agencies in making-
information available
"(a) The Director may direct an agency
to make available to another agency, or an
agency may make available to another agen-
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November 19, 1984 CONGRESSIONAL RECORD -SENATE
cy, information obtained pursuant-to an in-
formation collection request it the -disclosure
is not inconsistent with any applicable law
or policy.
"(b) If information obtained by an agen-
cy is released by that agency to another
agency, all the provisions of law (including
penalties which relate to the unlawful dis-
closure of information) apply to the officers
and employees of the agency to which infor-
mation is released to the same extent and
in the same manner as the provisions apply
r to the officers and employees of the agency
which originally obtained the information.
The officers and employees of the agency to
which the information is released, in addi-
tion, shall be subject to the same provisions
of law, including penalties, relating to the
unlawful disclosure of information as if the
information had been collected directly by
that agency.
3511. Establishment and operation of
Federal Information Locator Sys-
tem
"(a) There is established in the Office of
Information and Regulatory Affairs a Fed-
eral Information Locator System (hereinaf-
ter in this section referred to as the 'Sys-
tem') 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 register of all
information collection requests.
"(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
e 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 identify
duplicative data or to locate information, are
contained within the System.
"? 3512. Public protection
"Notwithstanding any other provision of
law, no person shall be subject to any penal-
ty for failing to maintain or provide infor-
mation to any agency if the information col-
lection request involved was made after De-
cember 31, 1981, and does not display a cur-
rent control number assigned by the Direc-
tor, 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-
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 activi-
ties, the Director shall pay particular atten-
tion 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
?A Operations, the Senate Committee on Gov-
ernmental Affairs, the House and Senate
Committees on Appropriations, and the com-
mittees of the Congress having jurisdiction
over 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 transmit to the Director, the House
Committee on Government Operations, the
Senate Committee on Governmental Affairs,
the House and Senate Committees on Ap-
propriations, 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 man-
ageFnent, including, with respect to informa-
tion collection, recommendations to reduce
the burden on individuals, small businesses,
State and local governments, and other per-
sons;
"(2) a compilation of legislative impedi-
ments to the collection of information which
the Director concludes that 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
collection requests, including to the extent
practicable 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
identified during the preceding year and ef-
forts made to preclude the collection of
duplicate information, including designa-
tions of central collection agencies; -
"(6) a list of each instance in which an
agency engaged in the collection of in-
formation under the authority of section
3507(g) and an identification of each agen-
cy involved;
"(7) a list of all violations of provisions
of this chapter and rules, regulations, guide-
lines, policies, and procedures issued pursu-
ant 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-
mented; and
"(C) an explanation of the reasons for
any delay in completing action on such rec-
ommendations.
"(b) The preparation of any report re-
quired by this section shall not increase the
collection of information burden on per-
sons outside the Federal Government.
3515. Administrative powers
"Upon the request of the Director, each
agency (other than an independent regula-
tory agency) shall make its services, person-
nel, and facilities available to the Director
for the performance of functions under this
chapter.
3516. Rules and regulations
"The Director may promulgate rules, reg-
ulations, or procedures necessary to exer-
cise the authority provided by this chapter.
3517. Consultation with other agencies
and the public
"In the development of information poli-
cies, plans, rules, regulations, and proce-
S 14681
lures, and in approving Information collec-
tion requests, the Director shall provide af-
fected agencies and persons early and mean-
ingful opportunity for consultation.
"S 3518. Effect on existing laws and regula
Was
?'(a) Except as otherwise provided- in: this
chapter, the authority of an, agency un-
der any other law to prescribe policies, rules,
regulations, and procedures for -Federal in-
formation activities is subject to the au-
thority: 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 pursuant to Re-
organization Plan No. 1 of 1977 (as amend-
ed) and Executive order, relating to tele-
communications 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 crim
inal investigation or prosecution, or during
the disposition of a particular criminal flat
ter:
"(B) during the conduct of (I) a civil
action to which the United States or any
official or agency thereof is a party or (11)
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; or
"(D) during the conduct of intelligence
activities as defined in section 4-206 of Ex-
ecutive Order 12036, issued January 24, 1978,
or successor orders.
"(2) This chapter applies to the collection
of information during the conduct of gen-
eral investigations (other than information,
collected in an antitrust investigation to the
extent provided in subparagraph (C) of
paragraph (1)) undertaken with reference
to a category of individuals or entities such
as a class of licensees or an entire. Industry.
"(d) Nothing in this chapter shall be in-
terpreted as increasing or decreasing the au-
thority conferred by Public Law 89-306 on
the Administrator of the General Services
Administration, the Secretary of Commerce,
or the Director of the Office of Management
and Budget.
"(e) Nothing in this chapter affects in any
way an existing authority of the President,
the Office of Management and Budget or the
Director thereof, under the laws of the
United States, with respect to the substan-
tive policies and programs of departments,
agencies and offices.
? 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 Gen-
eral may require for the discharge of his
responsibilities. For this purpose, the Comp-
troller General or representatives thereof
shall have access to all books, documents,
papers and records of the Office.
"13520. Authorization of appropriations
"There are hereby authorized to be appro-
priated to carry out the provisions of this
chapter, and for no other purpose,. sums ?,t
"(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:
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S14686
CONGRESSIONAL RECORD -SENATE November 19, 1980
"35. Coordination of Federal Information "Associate Director, Office of Information
Policy. and Regulatory Affairs, Office of Manage-
(c)(1) Section 2904 (10) of such title is ment and Budget.".
amended to read as follows: SEC. 5. This Act shall take effect on Octo-
"(10) report to the appropriate oversight ber 1, 1980.
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 con-
ducted pursuant to paragraphs (1) through
(9) of this section, (B) on evaluations of
responses by Federal agencies to any recom-
mendations resulting from inspections or
studies conducted under paragraphs (8) and
(9) of this section, and (C) to the extent
practicable, estimates of costs to the Fed-
eral Government resulting from the failure
of agencies to implement such recommenda-
tions."
(2) Section 2905 of such title is amended
by redesignating the text thereof as sub-
section (a) and by adding at the end of
such section the following new subsection:
"(b) The Administrator of General Serv-
ices shall assist the Associate Director for
the Office of Information and Regulatory
Affairs in conducting studies and develop-
ing standards relating to record retention
requirements 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
may delegate to the Associate Director for
the Office of Information and Regulatory
Affairs all functions, authority, and respon-
sibility under section 103 of the Budget and
Accounting Procedures Act of 1950 (31
U.S.C. 186). The Director may not delegate
such functions, authority, and. responsibil-
ity to any other officer or employee of the
Office of Management and Budget.
(b) The Director of the Office of Manage-
ment and Budget may -delegate, but only
to the Associate Director for the Office of
Information and Regulatory Affairs all func-
tions, authority, and responsibility of the
Director under section 552a of title 5, United
States Code, and under sections 110 and 111
of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 757 and 759).
The Director may not delegate such func-
tions, authority, and responsibility to any
other officer or employee of the Office of
Management and Budget.
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 sub-
section (a) (3) (B) to. read as follows:
"(B) No collection of information or data
acquisition activity subject to such proce-
dures shall be subject to any other review,
coordination, or approval procedure outside
of the relevant Federal agency, except as
required by this subsection and by the
Director 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
Director's approval established in section
3507 of the Paperwork Reduction Act of
1980 shall commence on the date the re-
quest is submitted, 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(f) 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
thereof the following:
The PRESIDING OFFICER. The Sen-
ator from Florida is recognized.
Mr. CHILES. Mr. President, the pur-
pose of S. 1411, which is now before the
Senate, is to eliminate unnecessary
paperwork burdens imposed by the Fed-
eral Government upon the public and
minimize the cost of collecting and using
information for Government informa-
tion.
The bill establishes a goal to reduce
the paperwork burden by 25 percent and
establishes a reasonable set of controls
to accomplish this objective and make
the shower of paperwork requirements
that rain upon the public more manage-
able.
NEED FOR LEGISLATION
The Federal Paperwork Commission
estimated 3 years ago that the cost
of Federal paperwork requirements
amounted to $100 billion a year-some
$500 for every man, woman, and child in
this country. Much of that cost does not
show up as an expenditure in the Federal
budget. Instead, the public spends the
time, money, and effort in "hidden
taxes" at home, in their business, or by
way of higher consumer prices.
Federal paperwork requirements,
whether they are tax forms, medicare
forms, financial loans, job applications,
or compliance reports, are something
each individual touches, feels, and works
on. The cumulative impact is excessive,
too many paperwork requirements are
unnecessary and wasteful. Every 1 per-
cent reduction achieved is a billion dol-
lars saved.
Today many Federal programs at-
tempt to serve large numbers of people
in a variety of ways, such as protecting
civil rights, providing decent housing and
insuring safe and healthy working con-
ditions.
In those and other areas, Congress has
made critically important commitments
to the people of this Nation. In order to
be effective, many of those programs
must collect information from the public
in order to make intelligent decisions on
standards, benefits, and other Govern-
ment actions. In other cases, informa-
tion must be collected in order to
inform the public of various matters of
general concern.
The Paperwork Reduction Act has a
twofold objective. First, it will insure
that agencies make only necessary-and
I underline that, Mr. President, neces-
sary-information requests of the pub-
lic. And second, those burdens which are
found to be unnecessary and wasteful
will be eliminated.
During field hearings on Federal pa-_
perwork problems that I and Senator
DANFORTH held, we received testimony
from people in all walks of life and
learned that paperwork costs go beyond
financial costs.
Several small business counselors tes-
tified that many clients refuse to expand
their business because of the added pa-
perwork they would face. One counselor
taped together the forms any potential
small business person must know just
to think about getting into business.
They stretched across an entire room.
Small business is being strangled to the
point of closing their doors.
The burden of filling out forms is
causing doctors to discourage medicare
business. Processing a medicare claim
has become a nightmare for many older
Americans. Hospitals have witnessed an
explosion in paperwork since the advent
of medicare. One hospital president tes-
tified his institution's clerical staff in-
creased 15 percent in the first year of
medicare.
A young doctor, just entering prac-
tice, estimated that only 15 percent of
the doctors in Jacksonville will ever ac-
cept medicaid patients in their office be-
cause of paperwork requirements.
A pharmacist demonstrated how it
takes some 7 minutes to fill a prescrip-
tion and get paid if someone walks off
the street, but as a medicaid provider to
nursing homes he is lucky to get paid in
7 months.
Classroom teachers reported that at a
minimum, it takes 26 extra working days
a year to fill out their paperwork. That
is ass time taken away from children
or time at home without pay.
State and local government officials,
university presidents, and community
leaders repeatedly estimated that 10 to
30 percent of Federal grant funds are
wasted in unnecessary paperwork costs.
That is money lost, at least $8 billion
nationally, that could be going to needed -
program services.
A CETA administrator from Orlando
showed me a single funding application
that was 5,814 pages and required 46
original signatures from the mayor and,
chairman of the board of county com-
missioners.
Most frightening was the testimony
of several witnesses who said they were
"afraid of their Government." They have
been bombarded with Government forms,
neglected or wrongly answered some par-
ticular form, and were afraid that the
"Government" was going to "get" them
as a result-a nagging feeling of fear.
The frustration and fear expressed by
witnesses revealed the human dimension
of unnecessary Federal paperwork re-
quirements. There is a strong feeling
among many citizens of this country that
Federal paperwork requirements are "out
of control."
I think every Senator is familiar with
the horror stories of Federal paperwork.
We hear about them every time we go
home, and they are by no means new to
the Congress. But thus far we have had
a hard time getting a grip on them or
starting to do something about it.
I want to especially note Senator NEL-
sON, the chairman of the Small Business
Committee, Senator BAYH, Senator ROTH,
and Senator BELLMAN, all of whom have
introduced bills to reduce paperwork.
S. 1411 is a comprehensive effort which
incorporates provisions from all these
bills and I want to thank them for their
assistance.
The Paperwork Reduction Act is a re-
sponse to the need to eliminate unneces-
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 November 19, 1980
sary Federal paperwork demands. The
committee benefited considerably from
its own hearings, and the work and rec-
ommendations of the Federal Paperwork
Commission, the General Accounting Of-
flee, the White House Conference on
data processing reorganization project,
and other Senate bills.
The Government-wide management
system created should not only help
solve information management probes
lems we have today, but for the future
as well. Federal paperwork problems. are,
often a physical manifestation of a Fed-
eral role in society. Citizens should be
able to feel confident that the Federal
role is necessary and managed compe-
tently.
andreperts+required by the Federal Gov-
ernment are checked to see whether in-
formation requested is first, needed; see-
able for this checking and will have re-
sponsibility for preventing duplicative
OMB control number, an expiration date,
and a statement on why the information
information policy functions in an Office
of Information and Regulatory Affairs
within OMB: General information, pa-
perwork clearance, statistical policy, rec-
ords management, privacy, and auto-
matic data processing and telecommuni-
have the authority to override any dis-
approval of an information request of
Mr. President, I have found paperwork
demands are one thing growing faster
than inflation. I believe this legislation
establishes meaningful trots : and I
encourage the Senate to, take this-
oppor-tunity to pass this important legislation.
Mr. GOLDWATER, Mr. President, will
the Senator yield?
W,? CHI14ES. Yes. I yield to the distin-
guished-:Senator from Arizona.
Mr. GOLDWATER. Mr. President, I,
repeat I was not here when this matter
had all been worked out. Imight outline
why the Intellig'ence Committee and, I
think for the same reasons, the Armed
Services Committee were opposed to thss.
It was wrapped up in the computer. Have
you worked that out?
Mr. CHILES. Yes, I think we have, and
the distinguished Senator from Wash-
ington (Mr. JACKSON) is on the floor and
will have some amendments. But we
have expressly said, among other things,
that nothing in this bill shall affect the
intelligence-gathering operation ap-
paratus of the United States. and we are
putting that in by virtue of amendment,
and also putting that in report. Uie I think we are about ready now to go
to the Senator from Washington 'who has
some amendments which, I believe, will
clear up any problems in this area.
Mr. GOLDWATER. I have just two
other short questions.
Mr. CHILES. Yes.
Mr. GOLDWATER. On page 36 of the
,bill, section 3503, Office of Information
and Regulatory Affairs, can the Senator
tell me about how large this Office of In-
formation and Regulatory Affairs might
be?
Mr. CHILES. I would say to the dis-
tinguished Senator from Arizona that
basically what we are doing is aggregat-
ing personnel who are already there, and
trying to bring them into this office. I do
not envision they should need any more
than a few additional personnel, if any.
But certainly we are not talking about a
large office. We are not talking about an-
other bureaucracy in itself. We are talk-
ing about really combining some people
who are already there.
I just wanted to say in passing that
former Senator MCINTYRE, who happens
to be walking on the floor right now, is
the one who sort of got me started in
paperwork reform. He headed up a com-
mission, the commission that we had,
that did this 3-year study on paperwork,
and found what we were talking about in
the waste here. In no way are we trying
to start another bureaucracy by that.
Senator MCINTYRE and his leadership
really started the ball rolling.
Mr. GOLDWATER, Mr. President, I
thank my friend for yielding. I am very
glad he has gotten this thing worked out
because I am as much opposed to paper-
work as anyone in this Chamber. I serve
on three different hospital boards, and I
know that possibly the biggest reason
why the people of this country are paying
more money for hospital rooms today is
the fact that paperwork has to be done.
I know of one hospital I have worked
with which has had to hire 60 extra peo-
ple just tc keep up with the paperwork.
So I thank the Senator for making the
changes.
If the Senator would not object, I
would like to join him as a cosponsor.
Mr. CHILES. I would be delighted to
have the Senator from Arizona as a Co-
sponsor.
Mr. GOLDWATER. Mr. President, I
ask unanimous consent that I may be
added as a cosponsor.
The PL EG O1 NG 'OFFICER. Without
objection, it 3s so ordered.
Mr. GOLDWATER. I thank my friend.
Mr. RANDO'LPIL 'Mr. President, will
the Senator from Florida also give me the
opportunity to join -the senators from
Arizona and from Florida as a cosponsor?
The PILll;,,5 71>5 'ICER. Without
objection, f uo dered. '
UP AME)ZDMENT NO, 1776
Mr. CHILES. Mr. President, I,send to
the desk some amendments on behalf of
Senator JACKSON and ask for their im-
mediate consideration. -
The PRESIDING OFFICER. Is the
Senator asking that they be considered
follows :
The Senator from Florida (Mr. Cxr1,ES), on
behalf of Mr. JACxsoN, proposes an unprtnted
amendment numbered 1776.
lows :
one official is appointed for the military de-
partments the respective duties of the of
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 cryptologic activities that are communica- L
tions security activities".
On page 60, line (3), insert the following'
immediately before the period: ", or during
the conduct of cryptologic activities that are
communications security activities".
On page 59, line 8, after the term "Secre-
tary of Commerce", add "or the Director of
Mr. JACKSON. Mr. President, an im
portant reason for the addition of a
definition of ADPE in S. 1411 is to
insure that the Department of De-
fense and intelligence agencies have
the flexibility to proceed with timely
procurement of needed systems and
that sensitive information concerning
such systems be restricted to those
who have a need to 'know such in-
formation. The detailed budget review
process provides more than adequate
safeguards without having to add addi-
tional review, approval and oversight
authorities.
Is it the Senator's understanding that
Congress originally intended that similar
considerations should pertain to the au-
thorities of the administrator of GSA
under Public Law 89-306 and that
the administrator should, in fact, dele-
gate general procurement authority to
agencies and departments that procure
systems for intelligence, cryptologic and
direct military purposes?
Mr. CHILES. Yes, section 111(b) (2)
provides the administrator with the spe-
cific authority to make such broad dele-
gations and I would. think that the ad-
ministrator should make liberal use of
that authority for the categories of
ADPE described in the definition of
ADPE contained in S. 1411. One criterion
for a delegation is that it is essential to
national defense or national security.
The agencies charged with responsibility
for defense and security matters are
clearly in the best position to determine
whether their ADPE needs meet this
essentiality standard. Therefore, the
GSA administrator should defer to the
defense and security agencies on these
matters.
I also agree that it is particularly im-
portant that information concerning the
use, type, location and other information
pertaining to the application of ADPE
to intelligence, cryptologic sensitive mili-
tary communications, command and con-
trol and weapons systems be protected'
and not disseminated throughout the
Government.
The General Services Administration,
the Office of Management and Budget
and the General Accounting Office
should reexamine their present review
and audit procedures to insure that
these efforts do not impinge upon these
areas, as specified in the definition of
ADPE in S. 1411. In addition, the De-
partment of Commerce should look at its
standard procedures for granting waiv-
ers to insure that waivers in this area
are not arbitrarily denied, and that such
procedures do not involve burdensome
paperwork or public disclosure.
Such actions would ensure that Public
Law 89-306 would be applied as orig-
inally intended, and that ADPE could be
acquired by intelligence, cryptologic and
military agencies and departments with-
out unnecessary delays, paperwork, ac-
CONGRESSIONAL RECORD - SENATE
cess by individuals without a need-to-
know, and public disclosures.
In summary, it is, our view that Public
Law 89-306 should be applied in ways so
as to protect national security and intel-
ligence activities from undue harass-
ment. Further, if there is harassment in
the future, then appropriate statutory
remedies will be sought.
Is it the Senator's understanding that
the definition now provided in S. 1411 for
ADPE is operative only for this act, and
is consistent with the provision of S. 1411
which states that-
Nothing in this chapter shall be inter-
preted as increasing or decreasing the au-
thority conferred by Public Law 89-306 on
the Administrator of the General Services
Administration, the Secretary of Commerce,
or the Director of the Office of Management
and Budget?
Mr. JACKSON. Yes, that is my un-
derstanding. Moreover, the definition
will have no effect upon automatic data
processing equipment procured and used
by the intelligence and military agencies
for administrative and business applica-
tions such as payroll, finance, logistics
and personnel management. In addition,
to the maximum degree feasible and con-
sistent with U.S. national security inter-
ests, publicly advertised, competitively
bid procedures would continue to be em-
ployed in the acquisition of commercially
availble ADP equipment used in support
roles for military and intelligence activi-
ties.
Mr. CHILES. Mr. President, these are
the amendments that Senator JACKSON
and other Members that were concerned
about intelligence activities and the ac-
tivities dealing with the Armed Forces
were concerned about. These are the
amendments that we consented to place
in on that basis.
Mr. President, I move the amendments
be adopted.
The PRESIDING -OFFICER. The
question is on agreeing to the amend-
ments en bloc.
The amendment (UP No. 1776) was
agreed to, en bloc.
VP AMENDMENT NO. 1777
Mr. CHILES. Mr. President, on behalf
of the Senator from Massachusetts (Mr.
KENNEDY) I send amendments to the
desk and ask that they be considered
en bloc.
The PRESIDING OFFICER. Is there
objection? Without objection, the
amendments will be considered en bloc.
The clerk will report the amendments.
The assistant legislative clerk read as
follows :
The Senator from Florida (Mr. CHILES)
on behalf of Mr. KENNEDY proposes an un-
printed amendment numbered 1777.
Mr. CHILES. Mr. President, I ask
unanimous consent that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendments en bloc are as fol-
lows :
On page 60, line (20), after the word
"offices", insert ", including the substantive
authority of any Federal agency to enforce
the civil rights laws".
On page 59, line (25), after the word
"Act", insert "and section 13 of the Federal
Trade
1980".
November 19, 1980
On page 58, strike lines (20) through (24)
and Insert: "In development of information
policies, plans, rules, regulations, procedures,
and guidelines and in reviewing information
collection requests, the Director shall pro-
vide interested agencies and persons early
and meaningful opportunity to comment."
On page 58, line (12), after the word
"shall", Insert ", to the extent practicable,".
On page 49, line (7), after the word
"request" insert "and shall make such deci-
sions publicly available".
On page 43, strike lines (1) through (11),
and insert:
"(h) (1) As soon as practicable, but no
later than publication of a notice of pro-
posed rulemaking in the Federal Register,
copy of any proposed rule which contains a
collection of information requirement and
upon request, information necessary to make
proposed rulemaking is published in the
Federal Register, the Director may file pub-
"(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
"(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
days of the publication of the final rule that
the agency's response to his comments filed
"(D) from disapproving any collection of
information requirement where the Director
modified in the final rule the collection of
information requirement contained in the
proposed rule where the agency has not given
"(9) There shall be no judicial review of
Mr. CHILES. Mr. President, I appreci-
ate the concerns raised by the Senator
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 Approved For Release 2007/05/17: CIA
November 19, 1980
from Massachusetts and am glad that
we are ,able to accommodate those con-
that all` agencies can vigorously enforce
their substantive mandates from the
Congress. Section 3518 specifically states
that this bill does not change existing
relations of the President and OMB with
respect to the substance of agency?Pe
grams. Moreover, it is important to ree-
ognized.that seetion?3518 of S.44-11 spe
cifically recognizes the ,special agency
needs attached to the enforcement of the
laws by singling out information requests
associated with specific enforcement ac-
tivities and -exempting them from OMB
review. For example, the bill as reported
by committee, exempts information col-
lections associated with Federal criminal
investigations, with compulsory process
under the Antitrust Civil Process Act and
so forth. The section 3518 exemption
does not apply, however, to general
agency information requests. In all in-
stances except the specific enforcement
activities. spelled out in section 3518, the
general scheme of the bill, with its OMB
review of all agency information collec-
tions request, would apply.
What we are doing with this amend-
ment is providing the same sort of ex-
emption for the enforcement of civil
rights laws. Senator KENNEDY feels, and
I agree with him, that we need to recog-
nize the special emphasis our Constitu-
tion places upon guaranteeing civil
rights for all Americans, and the special
role the Federal. Government is asked to
exemptions to include civil rights en-
forcement actions, it should be under-
stood that the scope of the exemption is
similar to the scope of the exemptions
currently provided in the bill for other
enforcement activities.
In other words, section 3518, as
amended, would make a distinction be-
tween specific. information collection re-
quests associated with civil rights en-
forcement actions which would be
exempt from OMB review, and other
more general information requests by
agencies charged with enforcing the civil
rights laws, which would still be subject
to OMB review. The mere fact that an
information request is being issued by
an agency charged with enforcing the
civil rights laws does not exempt it from
OMB review. The key consideration in
terms of the section 3518 exemption is
that the request itself be related to a
specific enforcement action.
This is my understanding of the ef-
fects of the amendment and I think it is
important to make that understanding
clear at this point in the legislative his-
tory.
? Mr. KENNEDY. Mr. President, I would
like to express my support for the pas-
sage of the Paperwork Reduction Act of
1980, S. 1411, which is designed to reduce
the amount of unnecessary paperwork
and "redtape" imposed on the American
public without unduly interfering with
the ability of Federal agencies to ac-
complish important national goals.
As reported oitt of the Goveriniental
Approved For Release 2007/05/17, CIA-RDP85-00003R000300050005-1
(OMB) in -Overseeing ten Il`` This andmt< tyculd ,mot -Affect
cote Lion activities of federal agencies. OMB's right "to i' v). Wi forms or other
tive management of the Federal regi 1a- :iver* rid f"ilsajly- required by an
tort' system, this management objective.. agei i