PAPER WORK REDUCTION ACT OF 1980
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Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP85-00003R000300050006-0
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
10
Document Creation Date:
December 20, 2016
Document Release Date:
May 17, 2007
Sequence Number:
6
Case Number:
Publication Date:
March 24, 1980
Content Type:
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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-
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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
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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
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