PAPER WORK REDUCTION ACT OF 1980

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CIA-RDP85-00003R000300050006-0
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10
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December 20, 2016
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May 17, 2007
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6
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March 24, 1980
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CONGRESSIONAL RT gRID MOUSE : Marc 21~, O 1ending any other provisions of * the Vessels are scra~d ~ 5 year;) after law, Secretary of Commerce is author- the date of s, iR 5vlthin two years after the enactment in the domestic marl of Act: (A) to sell, subject to such con- This legislation will i ow thecon. dit ons he deems are appropriate in the na- version and open tiol = t estic tiopal interest, the two obsolete vessels Cl M AV1 Private George Peters, and CI-M-AV1 fisheries of Vessels previously sold from, Rsolute, for the purpose of conversion and the reserve flee,` operation in the fisheries, or the domestic The sale of these vessels will enlarge Commerce of the United States, after due the domestic marchant marine fleet and -advertisement and upon competitive sealed stimulate U.S. trade. As the ' bill stands, ~.' bids, to the highest bidder, and (B) to al- un to A3 million per vessel All be ent The question v as taken. . ROUSSELO ;Mr, Speaker, on iliat dema?nd,the yeas and,nays ;:The Yeas, :and-nays were ordered. The SPEAKER Pursuant to the pro- visions of clause .3. rule' XXVIZ and the Chait's." rio announcement, further proceedings on this motion will be postponed. low obsolete vessels previously sold from the reserve fleet to be converted and operated in for conversion of, these vessels in U.S. PAPERWORK REDUCTION AGT the fisheries of the United States Provided, yards. These sums will not be spent if OF 1980 That (1) any conversion work shall be per.- H.R. 4088 is not enacted. Mr. BROOKS. Mr. Speaker, I move to formed in the United States; (2) The vessels Mr. Speaker, I reserve the balance of suspend-the rules and pass the bill (H.R. shall be documented and operated under the my time. to reduce laws of the United States; (3) it the vessels Mr. SNYDER; Mr. Speaker, I yield the economy and and pap efficiency sector and enhance b he Govov. are scrapped, they shall be scrapped in the myself such time as I may consume, ernment and the private ct r b domestic market; and Provided further, That by im- domestic Secretary shall not sell the vessels fot (Mr. SNYDER asked and was given proving Federal information policymak-_ less than their scrap value in the domestic permission to revise and extend his re- ing, and for other purposes, as amended. market, (4) The vessels shall be purchased marks.) The Clerk read as follows: only by citizens of the United States or by Mr. SNYDER. Mr. Speaker, ,the pur- H.R. 6410 a corporation organized under the laws of pose of H.R. 4088 is to authorize the sec. Be it enacted by the Senate and House any the United States whose shareholders retary of Commerce to sell certain.obso- of Representatives of the United States o comprise not lees than seventy-Else percent lete- Vessels from' the reserve 4ee#i 4Q rieo 4 United States citizenry. r $, assembled, That this use in commercial operations. Ui der t maybe c ed as the "Paperwork Redue- O "I The SPEAKER. Is a second demanded? current law, while an obsolete Goverfl- tioh Act of 1980", - Mr. SNYDER. Mr. Speaker, I demand ment vessel may be sold for scrap pur- SEC. 2. (a) Title 44 of the United States. a second. poses, it may not be sold for commercial z--Cade is, amended by striking out, chapter 35 The SPEAKER. Without objection, a use. Consequently, this specific legisla-. and Insrting in its place the following new tion is necessary in order to allow some chapter: - second will be considered as ordered. enterprising American businessmen to' Chapter 35-COORDINATION OF FEDERAL There was E o The ge buy these obsolete vessels and use them ? INFORMATION POLICY The SPEAKER. The gentleman from sec, New York (Mr. MURPHY) will be rec- in our ocean commerce. Thereby treat- ? i?35oi. Purpose. ognized for 20 minutes, and the gentle- ing new jobs for American workers. -'3502. Definitions. man from Kentucky (Mr. SNYDER) will Specifically, this bill authorizes the-. ,350s. Office, of Federal Information Policy. be recognized for 20 minutes. Secretary of Commerce to sell, by colt- "3504. Authority and functions of Director. The Chair recognizes the gentleman petitive bid, two obsolete vessels'for:use "3505? Assignment of tasks and deadlines. from New York (Mr. MURPHY). in either the domestic commerce or the 3506? Federal agency responsibilities. '3507 Public information c ll cti n ivi fi h i . o e o act - s er es of the United States provided e MURPHY of New York. Mr. work shall be ner. ties--submission to Director, ap-that any conversion S Mr. U I i r ld lf h ti I a e peae , y myse suc me as may consume. (Mr. MURPHY of New York asked and was given permission to revise and extend his remarks.) Mr. MURPHY of New York. Mr. Speaker, I rise in support of H.R. 4088, legislation which will authorize the Sec- retary of Commerce to sell two obsolete vessels, the Private George Peters and the Resolute. This bill is necessary because section 510(g) of the Merchant Marine Act, 1936, prohibits the use of obsolete. Govern-' ment vessels for commercial operation. Thus, the Secretary of Commerce, al- though empowered to sell the obsolete vessels for scrapping or nontranspor- tation usage, does not have the statutory authority to sell the vessels for com- mercial use. '`~` '.R4088~as reported by, the commit- tee provides that the Secretary of Com- merce may, after due advertisement and the solicitation of sealed bids, sell the vessels to the highest bidder. The Sec- retary shall not sell the vessels for less than their scrap value in the domestic market. The vessels shall be purchased only by citizens of the United States or by a corporation organized under the laws of any of the United States whose shareholders comprise not less than 75 percent U.S. citizenry., - This legislation also provides that any conversion work shall be performed in the United States, and the vessels shall be documented and operated under the laws of the United States. Further, if the formed in the* United States, the vessels < Y`"",.l alla uexegayion. shall be documented and operated under 3508' Determination of necessity for infor mation; hearing, the laws of the United States, if the ves- "3509. Designation of central collection sels are scrapped they shall be scrapped agency. in the domestic market, that they shall "3510. Cooperation of agencies In making in- not be sold for less than their scrap ? formation available. value in the domestic market and that 3511. Establishment and operation of Fed- they shall only be purchased by citizens eras Information Locator System. of the United States or by a corporation "3512. Penalty for failure to furnish infor , mation. whose shareholders comprise not less "3513. Director review of agency activities; than 75 percent U.S. citizenry, reporting; agency response. In -addition, this bill also permits ves- "3514. Responsiveness to Congress. sels which have previously been sold "3515. Administrative powers. from the reserve fleet to be used in the "3516. Rules and regulations. fisheries of the United States. "3517. Consultation with other agencies and Finally, I would like to point out that the public. our committee, under the strong leader- "3518. Effect on existing laws and regula- g tions. ship of the chairman and Congressman "3519. Access to information. PAUL MCCLOSKEY, the ranking minority "3520. Authorization of appropriations, member on the full committee, has in- "I3501. Purpose eluded within the Maritime Omnibus bill "it is the purpose of this chapter to ensure a provision that ives the S t g ecre ary of that- Commerce suf6cientarlthority to sell ob u .."(}.) Fe~e solete vessels from the reserve fleet for tices shall be'coordina ed an commercial use, without first acquiring each other and shall be uniform, as--far'-a"s" specific congressional approval. Practicable, throughout the Federal Govern- I commend the chairman for his lead- ment; ership in this area and I urge the "(2) information needed by agencies shall pas- be obtained with a minimum burden upon sage of H.R. 4088. persons and entities required to furnish the Mr. Speaker, I have no further re- information, and obtained, used, and dis- quests for time, seminated at a minimum cost to the Govern-. Mr. MURPHY of New York. Mr. ment; ; Information Speaker, I have no further requests, for by an agency shall, as confarvrted and tabulated t as practicable, be time. maintained ins; manner to maximize the use- The SPEAKER. The question is on the fulness of the information to Congress, -`. motion offered by the gentleman from agencies, and the public; New York (Mr. MURPHY) that the House "(4) the collection, maintenance, use, and dissemination of personal information by suspend the rules and pass the bill, H.R. agencies shall be consistent with the Privacy 4088, as amended. Act of 1974 and other applicable laws; and Approved For Release 2007/0 March 24, 1980 CONGRESSIONAL RECORD-HOUSE H?061 promise approach which was carefully (Mr. DUNCAN of Tennessee asked and worked out by the Subcommittee on was given permission to revise and Select Revenue Measures and approved extend his remarks.) by the Ways and Means Committee. Mr. DUNCAN of Tennessee. Mr. When the full committee first con- Speaker, .I rise in support of H.R. 5043, sidered this bill, concerns were expressed the Bankruptcy Tax Act of 1980. The about some provisions then in the bill bill is one of the more significant bills concerning the Federal income tax treat- to be passed by the Committee on Ways ment of debts which are discharged as and Means and its Select Revenue Meas- part of a bankruptcy case and debts ures subcommittee. I would like to which are cancelled in transactions out- commend Representatives FRENZEL and `side bankruptcy. These concerns were ROSTENKOWSKI for their efforts in recon- 'raised by the gentleman from Minne- ciling the different points of views that sota (Mr. FRENZEL) and by the gentle- developed during the bill's consideration. man from California (Mr. EDWARDS), In 1978, legislation was enacted that the chairman of the Judiciary Subcom- significantly amended the Federal bank- mittee which developed the 1978 bank- ruptcy laws (Public Law 95-598). These ruptcy legislation. As a result, the sub- amendments generally became effective committee reconsidered and modified the on October 1, 1979. Separate legislation debt discharge rules. The compromise was required to conform the tax laws to approach is now supported by both the, the new bankruptcy law. However, pas- gentleman from Minnesota and the sage of the conforming tax changes was gentleman from California as providing unfortunately delayed. a fair balance between flexibility in H.R. 5043 conforms the tax laws to penalty -tion in asset basis instead of reporting\ ordinary income from debt cancellation, but limits basis reduction to depreciable assets only. The committee believes that the com- promise'approach gives flexibility to the debtor to account for a debt discharge amount in a manner most favorable to the debtor's tax situation. For example, a banl(rupt debtor which wishes .to re- tain net operating losses will be able to elect to reduce asset basis in depreciable property. Similarly, a solvent taxpayer can continue to defer recognition of in- come by electing to reduce basis of de- preciable assets. bankruptcy, and accounting groups, and reflects a carefully developed and fair ac- commodation between bankruptcy policy ^ 1220 Speaker, I yield myself such time as I debtor can elect to reduce the basi3 of depreciable property in any order Je- sired, to the extent of such income, and then, if there remains such income, re- then, tax attributes, including net opera' ing loss carryovers. Also, where there is an exchange of stock for debt, the value of the stock B determinable by the parties, and the IRS will be bound by such a determination where it is reached as a result of adverse positions taken by the debtor and the creditor in seeking to reach such an agreement. We would have been more satisfied had these provisions allowed for greater flex- ibility in the treatment of the net oper- ating losses. However, it does constitute an acceptable compromise between the bankruptcy policy, as envisioned when the Bankruptcy Act was written, and tax policy. Therefore, as an acceptable com- promise I. would urge that it be voted favorably. Mr. DUNCAN of Tennessee. Mr, Speaker, I yield such time as he may consume to the gentleman from Minne- sota (Mr. FRENZEL), a member of the Committee on Ways and Means. (Mr. FRENZEL asked and was given permission to revise and extend his re- marks.) Mr. FRENZEL. Mr. Speaker, I want to thank the chairman of the subcommit- tee, the distinguished gentleman from Illinois (Mr. RosTENKOWSKI), the rank- ing minority member, the distinguished gentleman from Tennessee (Mr. DuN- CAN), and others who were so helpful in trying to resolve what looked like some very great difficulties with this bill. In my Judgment, the bill represents a fine compromise in an attempt to reconcile the tax law to the new bankruptcy law which was passed in 1978. I hope the bill will be voted for by all Members of this body. Mr. DUNCAN of Tennessee. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time. Mr. ROSTENKOWSKI. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time. The SPEAKER. The question is on the marls) Illinois (Mr. ROSTENKOWSKI) that the Mr. BUTLER. Mr. Speaker, as one wha, House suspend the rules and pass the wa$ active in writing the Bankruptcy Act Nbill. H.R. 5043, as amended. of/ 1978, I have more than a passing in- The question was taken. Wrest in this legislation. Mr, - ROSTENKOWSKI. Mr. Speaker, r` The bill as originally reported out by on thhtI demand the yeas and nays. the Subcommittee on Select Revenue The yeah and nays were ordered. The SPE1AlkEER. Pursuant to the pro- visions of clauge.8, rule XXVII, and the Chair's prior announcement, further proceedings on this motion will be post- poned. At the same time, in developing the debt discharge rules of the bill, the com- mittee recognized that under present law, taxpayers have been able to avoid com- pletely, rather than to defer, the tax consequences of debt discharge. For ex- ample, present law permits taxpayers to reduce the basis of nondepreclable assets 'which may never be sold, such as stick in a subsidiary corporation or the land on which the company operates its bus- iness. The compromise approach of the . bill gives debtors flexibility in account- 'Measures contained several provisions Ing for the debt discharge amount, but /which the bankruptcy community felt insures that the 'deferred amount event- it generally would adversely affect some of ually will be recognized. i the policies implicit in the Bankruptcy This bill was developed after several/ Reform Act. These dealt with the treat- ment of income from the discharge of indebtedness and the exchange of stock for debt. The bill was subsequently reworked, and in its reported form today the bill has taken positions regarding these mat- ters which are compromises between the position contained in the bill originally and that urged by those in agreement and those in the bankruptcy community that I mentioned before. In particular, where there is income from the discharge of indebtedness, the SALE OF OBSOLETE VESSELS Mr. MURPHY of New York. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4088) to authorize the Secretary of Commerce to sell two ob- solete vessels to Coast Line Co. and for other purposes, as amended. The Clerk read as follows: B.R. 4088 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That not- ed For Release 2007/05/17 ? CIA-RDP85-000038000300050006-0 Approved For Release 2007/05/17: CIA-RDP85-00003R000300050006-0 March 24, 1980 CONGRESSIONAL RECORD.:.: _ HOUSE. 3502. Denmtions tio>} functionaof the Director shall include "As used in this chapter, the term- political subdivision of a State, territory, 'or; ' _ meal onvwrnmant or a branch of a noliticai "(1) developing, in conjunction with the re possible, reduces' the ---,Information' ` nership,.;association co o ? 93 '- R a __ C~ a,JSfl I '.+nw O O.tOn . Six fl 'flr A -tive branch of the Government (including the Executive Office of the President), or ""1 3503. Office of Federal Information Polio - budget proposals and otherwise, the func- tions of the Government with respect to any Independent regulatory agency; but (a) There is established in the Office of -gathering, interpreting, and disseminating does not include the General Accounting Management and Budget an office to he . statistics and'statietical information; Office or the governments of the District of known as the Office of Federal Information -.1(3) overseeingthe establishment of Gov- Columbia and of the territories and posses- Policy, ernment-wide policies, principles, standards, sions of the United States, and their various (b) There shall be at the head of the,, and guidelines covering statistical collection subdivisions; Office an Administrator who shall be ap- procedures and methods, statistical data Clan- "(2) 'collection of information'. means the pointed by, and who shall report directly to, -si ieations, and statistical information pre- obtaining or soliciting of facts or opinions the Director. The Director shall delegate to ? aetttatioa and dissemination; and for any purpose by an agency by the use of the Administrator the authority. and re- - "'(4) -evaluating statistical program per- written report forms, application forms, sponsibility to administer all functions un- formance and agencies' compliance with The Administrator shall thi cha ter d . p er s sehedules,. questionnaires, reporting or rec- ordkeeping requirements, or other, similar serve as principal adviser to the Director on methods calling for either- Federal information policy. "(A) .answers to identical questions posed "? 3504. Authority and functions of director "=zto, or identical reporting or recordkeeping "(a) The Director shall provide overall requirements imposed on, ten or more per- direction in the development and imple- sons; or mentation of Federal information policies, vies of the United States which are to be used for general statistical purposes; 1"(3) 'data element' means a distinct piece of information such as a name, term, num- ber, abbreviation, or symbol; "(4) 'data element dictionary' means a system containing standard and uniform definitions and cross references for com- monly used data elements; "(5) 'data profile' means a synopsis of the questions contained in an information col- lection request, and also such related items as the official name of the request, the loca- tion of information obtained through such request, a description of any compilations, analyses, or reports derived from such infor- mation, any record retention requirements associated with such request, the agency responsible for such request, the authoriz- ing statute, and other information necessary to identify, access, and use the data con- tained in such information; "(6) 'Director' means the Director of the Office of Management and Budget; "(7) 'directory of information resources' means a catalog of information collection requests, containing a data profile for each request; "(8) 'independent regulatory agency` means the Board of Governors of the Fed- eral Reserve System, the Civil Aeronautics Board, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Election Commis- sion, the Federal Energy Regulatory Com- mission, -,the Federal Home Loan Bank Board, the Federal Maritime Commission, .the Federal Trade Commission, the Inter- state Commerce Commission, the Mine E`n- forcement Safety and Health Review Com- mission, the National Labor Relations Board, the Nuclear Regulatory Commission, the Occupational Safety and Health Review * Commission, the Postal Rate Commission, and the Securities. and Exchange Commis- sion, and other similar agencies designated by statute as independent regulatory estab- lishments of the Federal Government; "(9) 'Information collection request' means a written report form, application form, schedule, questionnaire, or other re- porting or re,cordkeeping requirement. for the collection of information; Government-wide policies, principles, stand. "(e) The 'records management functions of the Director shall include "(1) providing advice and assistance the Administrator of General Services to pro- mote coordination in the administration of eluding review and approval of information tile. information policies, principles, ?stand- collection requests, the reduction of the ards, and -guidelines established' under this paperwork burden placed on the public, Fed- chapter; eral statistical activities, records manage- "" (2) reviewing compliance by Federal agen anent activities, privacy of records pertain- cies with the requirements of chapters 20, ing to individuals, interagency sharing of 81, and 33 of this title and with regulations information, and acquisition and use of promulgated-by the Administrator of Gen- automatic data processing and other tech- eral Services thereunder; and nology for managing information resources. "(3) coordinating records management "(b) The general information policy func- policies and programs with related informs. tions of the Director shall include- lion programs such as information collec. "(1) developing and establishing uniform tion, statistics, automatic data processing tion management principles, standards, and "(f) The privacy functions of the Director guidelines and promoting their use; shall include- "(2) initiating and receiving proposals for "(1) overseeing the developmentof and changes in legislation, regulations, and agen- promulating policies, principles, standards, cy procedures to improve information prac- and guidelines on information disclosure and tices, and informing the President and the confidentiality, and on safeguarding the se. Congress on the progress made in effecting curity of information collected or maintained such changes; - by agencies, pr in conjunction with Federal "(3) coordinating, through the review of programs; budget proposals and otherwise, agency in- "(2) providing agencies with-advice and formation practices; guidance about information security, restric. "(4) promoting, through the use of the tion, exchange, and disclosure; and Federal Information Locator System and the "(3) monitoring compliance with the Pri= sistent with applicable laws) to enhance the "(g) The automatic data processing and usefulness of the information and limit the telecommunications functions of the Direct- reporting burden on the public, tor shall include- "(5) evaluating the agencies' information "(1) estaLo)isliing policies, priinciples, practices to determine their adequacy, effi- standards, and guidelines for automatic data by-the Director; and meat of standards under section 111(f) of : "(6) overseeing the planning of, and the the Federal Property and Administrative- conduct of research with respect to, Federal Services Act of 1949 (40 U.S.C. 759(f) ); information collection, processing, storage, "(2) monitoring the effectiveness of, and transmission, and use. compliance -with, directives issued pursuant "(c) The information collection request to sections 110 and 111 of the Federal Prop- clearance and other paperwork functions of erty and Administrative Services Act of 1949 the Director shall include- (40 U.S.C. 757, 759) and reviewing proposed "(1) reviewing and approving information determinations under section 111(g) of such collection requests proposed by agencies; Act; "(2) determining whether the collection of "(3) providing, In coordination with _t . information by an agency is necessary for Administrator of General Services, advicwand,* the proper performance of the functions of guidance on the acquisition and use-of-ante the agency and has practical utility for the matic data processing and 'telecommunica- agency: tions equipment, and coordinating, through "(3) designating, in accordance with sec- the review of budget proposals and otherwise, tion 3509, a collection agency to obtain in- agency proposals for acquisition and use of formation for two or more agencies; . such equipment; and "(4) setting goals for reductions of the "(4) promoting the use of automatic data Approved or Release 2007/05/17: CIA-RDP85-00003R000300050006-0 H 2064 processing and telecommunications equip- ment to Improve the effectiveness of the use and dissemination of data in the operation of Federal programs; and "(5) initiating and reviewing proposals for changes in legislation, regulations, and agency procedures to improve automatic data processing and telecommunications prac- tices, and informing the President and the Congress of the progress made in effecting such changes. "(h) Other functions of. the Director shall include ensuring that, in developing rules and regulations, agencies- "(1) utilize efficient methods to collect, use and disseminate necessary information; "(2) provide an early and substantial op- portunity for the public to comment on pro- posed means of collecting information re- lated to such rules and regulations; and "(3) make assessments of the conse- quences of alternative methods of imple- menting the statutory goals of such rules and regulations (including alternative methods of collecting information). "(i) In any review of regulations by the Director authorized by law, the Director shall consider the relationship of such regulations to the policies, principles, standards, and guidelines established under this chapter. "1 3505. Assignment of tasks and deadlines "In carrying out the authority and func- tions assigned by this chapter, the Director shall- "(1) within one year after the date of en- actment of the Paperwork Reduction Act of 1980- "(A) establish standards and requirements for agency audits of all major information -systems, assign the responsibility for con- ducting such audits, and assign the respon- sibility for conducting Government-wide or multiagency audits; "(B) establish the Federal Information Locator System; "(C) identify areas of duplication in in- formation collection requests and develop a schedule and methods for eliminating the duplication; and "(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 "(2) within two years after such date of enactment- "(A) establish a schedule and a manage- ment control system (including policies, principles, standards, and guidelines) to en- sure that practices and programs of the various information handling disciplines,. such as records management, are appropri- ately Integrated with each other, and with the broad information policies established by this chapter; "(B) . identify initiatives which may achieve substantial productivity improve- ment In Federal operations using informa- tion processing technology; "(C) develop a program to (1) enforce Federal information processing standards, particularly language standards, at all Fed- eral installations; and (if) revitalize the standards development program, separating it from peripheral technical assistance func- tions and directing it to the most produc- tive areas; "(D) complete action on recommendations of the Commission on Federal Paperwork, including development of legislation neces- sary to implement such recommendations; "(E) develop, in consultation with the Ad- ministrator of General Services, a five-year plan for meeting the automatic data process- ing and telecommunications needs of the Federal Government in accordance with' the requirements of section 111 of the Federal Property and Administrative Services Act of CONGRESSIONAL RECORD -HOUSE March 24; 1980 1949 (40 U.S.C. 759) and the purposes of the Paperwork Reduction Act of 1980; and "(F) submit to the President and the Congress legislative proposals to remove in- consistencies in ,laws and practices involv- ing privacy, confidentiality, and disclosure of information. "13506. Federal agency responsibilities "(a) Each agency shall be responsible for carrying out its information management activities in an efficient, effective, and economical manner, and for complying with the information policies, principles, stand- ards, and guidelines prescribed by the Director. "(b)- The head of each agency shall desig- nate, within three months of the date of en- actment of the Paperwork Reduction Act of 1980, a senior official who reports directly to such agency head to carry out the responsd- ,bilities of the agency under this chapter. "(c) Each agency shall- "(1) systematically inventory its major information systems and periodically review its information management activities, in- cluding planning, budgeting, organizing, di- recting, training, promoting, controlling, and other managerial activities involving the collection, use, and dissemination of infor- mation; "(2) take steps to ensure that its informa- tion systems do not overlap each other or duplicate those of other agencies; "(3) develop procedures for assessing the paperwork and reporting burden of its in- formation collection activities and of pro- posed legislation and regulations related to such agency; and "(4) assign to the official designated under subsection (b) the responsibility for the conduct of and accountability for any acquisitions made pursuant to a delegation of authority under section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759). "(d) The head of each agency shall estab- lish such procedures as he may deem neces- sary to ensure the compliance of his agency with the requirements of the Federal In- formation Locator System, including neces- sary screening and compliance activities. 3507. Public information collection activi- ties-Submission to Director; ap- proval and delegation "(a) An agency shall not conduct or spon- sor the collection of information unless, in advance of adoption or revision of the re- quest for collection of such information- "(1) the agency has taken appropriate steps, including consultation with the Direc- tor (A) to eliminate information collections which seek to obtain information available from another source within the Federal Gov- ernment (through the use of the Federal In- formation Locator System and other means), (B) to reduce the compliance burden on re- spondents, and (C) to formulate plans for tabulating the information in a manner which will enhance its usefulness to other agencies and to the public; "(2) the agency has submitted to the Di- rector the proposed information collection request, copies of pertinent regulations and of other related materials as the Director may specify, and an explanation of measures taken to satisfy paragraph (1) of this sec- tion, and has caused a notice of such sub- mission to be published in the Federal Reg- ister; and "(3) the Director has approved the pro- posed information collection request, or suf- ficient time has elapsed as provided under subsection (c). "(b) Any disapproval, in whole or in part, under subsection (a) of a proposed informa- tion collection request of an independent regulatory agency may be voided if the agency, by a majority vote of its members, overrides the Director's decision. "(c) The Director shall, within sixty days of receipt of a proposed information 'collec- tion request, notify the agency involves of his decision to approve or disapprove this re- quest. If the Director determines that ia re- quest submitted for review cannot be re- viewed within sixty days, he may, after no- tice to the agency involved, extend the review period for an additional thirty daj s. If the` Director does not notify the agency (,f an extension, denial, or approval within sixty days (or, if he has extended the review pk not notify the agency of a denial or approval within the time of the extension), his ap- proval may be inferred and the agency may collect the information for not more than one year. "(d) No approval of an information col- lection request shall be valid for a period of more than three years. "(e) If the Director finds that a senior of- ficial designated pursuant to section 3506(b) has independence from any program respon- sibility and has sufficient resources to evalu- ate whether proposed information collection requests should be approved, the Director may, by rule subject to the notice and com- ment provisions of chapter 5 of title 5, dele- gate to such official his power to approve proposed requests in specific program areas, for specific purposes, or for all agency pur- poses. Such delegation shall not preclude the Director from reviewing individual informa- tion collection requests if the Director deter- mines that circumstances warrant such a re- view. The Director shall retain authority to revoke such delegations of power, both in general and with regard to any specific mat- ter. In acting for the Director, any official to whom approval powers have been dele- gated shall comply fully with the rules and regulations promulgated by the Director. "(f) No agency shall be exempt from the requirements of this chapter. "13508. Determination of necessity for in- formation; hearing "Before approving a proposed information collection request, the Director shall deter- mine whether the collection of information by an agency is necessary for the proper performance of the functions of the agency and has practical utility for the agency. Be- fore making a determination the Director may give the agency and other interested persons an opportunity to be heard or to submit statements in writing. To the ex- tent, if any, that the Director determines that the collection of information by an agency is unnecessary, for any reason, the agency. may not engage in the collection of the information. "1 3509. Designation of central collection agency ".The Director may designate a collection agency to obtain information for two or more agencies if the Director is of the opin- ion that the needs of such agencies for in- formation 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 circum- stances require. "? 3510. Cooperation of agencies in making Information available "(a) The Director may direct an agency to make available to another agency infor- mation obtained pursuant to an information collection request if- "(1) the disclosure is not inconsistent with any applicable law; Approved For Release 2007/05/17-: CIA-RDP85-00003R000300050006-0 pprflved For Release 2007/05/17: CIA-RDP85-00003R000300050006-0 2.4, 1980 CONGRESSIONAIL_ tECORD'-HOUSE (closed in the form of statists- ate Committeess i d ipropr nsyand the Of each initiative, consult with persons wit -aA to t n ia. na flnvrnrmm~n+ end .Y.14e a en ------------ -- -person who supplied the infor- diction over legislation relating to its-'opera -Iles affected," `. - - .... 4b4..:Y -n4, `a"' ..a..ta