[Congressional Record Volume 141, Number 41 (Monday, March 6, 1995)]
[Senate]
[Pages S3511-S3513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    PAPERWORK REDUCTION ACT OF 1995

  The Senate continued with the consideration of the bill.
  Mr. ROTH. Mr. President, I ask unanimous consent that the committee 
amendments be agreed to en bloc, that they be considered original text 
for purposes of further amendment, and that no points of order be 
waived.
  The PRESIDING OFFICER (Mr. Abraham). Without objection, it is so 
ordered.
  Mr. ROTH. Mr. President, I make a point of order that a quorum is not 
present.
  The PRESIDING OFFICER. The absence of a quorum has been suggested. 
The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. ROTH. 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the quorum call be rescinded.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. BROWN. Mr. President, I would like to ask the manager of the bill 
a few questions.
  Mr. ROTH. I am available to answer the questions of the Senator from 
Colorado.
  Mr. BROWN. I thank the chairman. Under section 3505 the Director of 
the Office of Management and Budget has a duty to, in consultation with 
agency heads, set annual agency goals to reduce information collection 
burdens. Would the chairman agree that the Secretary of Commerce may 
take this opportunity to reduce the paperwork burden on persons 
relating to the compilation and publication of censuses of agriculture 
and irrigation, of manufactures, of mineral industries, and other 
businesses, including the distributive trades, service establishments, 
and transportation?
  Mr. ROTH. I believe it would be appropriate for the Secretary of 
Commerce to review the paperwork burden associated with this census 
collection.
  Mr. BROWN. I thank the Senator for that clarification. Under section 
3506, each agency shall reduce the information collection burdens on 
the public. These industry and economic censuses cause business owners 
and farmers to maintain a great deal of paperwork in order to complete 
the census. The 1992 Agriculture Census alone required farmers and 
ranchers to answer more than 200 questions. It is my understanding that 
if a hospital, for example, has a garden where they grow lettuce or 
fruits only for their patients, they may still be considered a farmer 
and be required to fill out the 200 questions in the agriculture census 
even though their crops never go to market. Would the chairman agree 
that this section would require the Secretary of Commerce to reduce 
burdens created by the compilation and publication of censuses of 
agriculture and irrigation, of manufactures, of mineral industries, and 
other businesses, including the distributive trades, service 
establishments, and transportation?
  Mr. ROTH. Clearly this section requires agencies to review the 
information collection actions it carries out. To the extent that the 
Secretary is able to reduce the information collection burden on the 
affected public in this area, this section requires the Secretary to do 
so.
  Mr. BROWN. I am particularly concerned about the unnecessary 
duplication in the collection of information in these censuses. Would 
the Senator agree that sections 3509 and 3510 are intended to encourage 
agencies to share information and avoid repetitive collections of the 
same information?
  Mr. ROTH. This act not only encourages information sharing, section 
3509 in particular authorizes the OMB Director to designate a central 
collection agency to obtain information for two or more agencies where 
it is not inconsistent with applicable law.
  Mr. BROWN. I thank the chairman for his assistance and I yield the 
floor.


                           amendment no. 317

   (Purpose: To clarify certain definitions and intelligence related 
                  provisions, and for other purposes)

  Mr. ROTH. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Delaware [Mr. Roth], for himself and Mr. 
     Nunn, proposes an amendment numbered 317.

  Mr. ROTH. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 8, lines 19 and 20, strike out ``and processes, 
     automated or manual,''.
       On page 8, line 25, beginning with ``section'' strike out 
     all through line 2 on page 9 and insert in lieu thereof 
     ``section 111(a)(2) and (3)(C)(i) through (v) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     759(a)(2) and (3)(C)(i) through (v));''.
       On page 22, line 24, strike out ``a senior official'' and 
     insert in lieu thereof ``senior officials''.
       On page 23, line 2, strike out ``for the military 
     departments''.
       On page 46, lines 8 and 9, strike out ``collection of 
     information prior to expiration of time periods established 
     under this chapter'' and insert in lieu thereof ``a 
     collection of information''.
       On page 46, line 13, strike out ``such time periods'' and 
     insert in lieu thereof ``time periods established under this 
     chapter''.
       On page 46, lines 17 and 18, strike out ``within such time 
     periods because'' and insert in lieu thereof ``because''.
       On page 46, line 21, strike out ``or''.
       On page 46, beginning with line 22, strike out all through 
     line 2 on page 47 and insert in lieu thereof the following:
       ``(ii) an unanticipated event has occurred; or
       ``(iii) the use of normal clearance procedures is 
     reasonably likely to prevent or disrupt the collection of 
     information or is reasonably likely to cause a statutory or 
     court ordered deadline to be missed.''
       On page 49, line 14, insert ``(a)'' before ``In order''.
       On page 50, insert between lines 22 and 23 the following 
     new subsection:
       ``(b) This section shall not apply to operational files as 
     defined by the Central Intelligence Agency Information Act 
     (50 U.S.C. 431 et seq.).''
       On page 56, lines 4 and 5, strike out ``section 4-206 of 
     Executive Order No. 12036, issued January 24, 1978,'' and 
     insert in lieu thereof ``section 3.4(e) of Executive Order 
     No. 12333, issued December 4, 1981,''.
       On page 58, insert between lines 2 and 3 the following new 
     section:

     SEC. 3. PAPERWORK BURDEN REDUCTION INITIATIVE REGARDING THE 
                   QUARTERLY FINANCIAL REPORT PROGRAM AT THE 
                   BUREAU OF THE CENSUS.

       (a) Paperwork Burden Reduction Initiative Required.--As 
     described in subsection (b), the Bureau of the Census within 
     the Department of Commerce shall undertake a demonstration 
     program to reduce the burden imposed on firms, especially 
     small businesses, required to participate in the survey used 
     to prepare the publication entitled ``Quarterly Financial 
     Report for Manufacturing, Mining, and Trade Corporations''.
       (b) Burden Reduction Initiatives To Be Included in the 
     Demonstration Program.--The demonstration program required by 
     subsection (a) shall include the following paperwork burden 
     reduction initiatives:
       (1) Furnishing assistance to small business concerns.--
       (A) The Bureau of the Census shall furnish advice and 
     similar assistance to ease the burden of a small business 
     concern which is attempting to compile and furnish the 
     business information required of firms participating in the 
     survey.
       (B) To facilitate the provision of the assistance described 
     in subparagraph (A), a toll-free telephone number shall be 
     established by the Bureau of the Census.
       (2) Voluntary participation by certain business concerns.--
       (A) A business concern may decline to participate in the 
     survey, if the firm has--
       (i) participated in the survey during the period of the 
     demonstration program described under subsection (c) or has 
     participated in the survey during any of the 24 calendar 
     quarters previous to such period; and
       (ii) assets of $50,000,000 or less at the time of being 
     selected to participate in the survey for a subsequent time.
       (B) A business concern may decline to participate in the 
     survey, if the firm--
       (i) has assets of greater than $50,000,000 but less than 
     $100,000,000 at the time of selection; and
     [[Page S3512]]   (ii) participated in the survey during the 8 
     calendar quarters immediately preceding the firm's selection 
     to participate in the survey for an additional 8 calendar 
     quarters.
       (3) Expanded use of sampling techniques.--The Bureau of the 
     Census shall use statistical sampling techniques to select 
     firms having assets of $100,000,000 or less to participate in 
     the survey.
       (4) Additional burden reduction techniques.--The Director 
     of the Bureau of the Budget may undertake such additional 
     paperwork burden reduction initiatives with respect to the 
     conduct of the survey as may be deemed appropriate by such 
     officer.
       (c) Duration of the Demonstration Program.--The 
     demonstration program required by subsection (a) shall 
     commence on October 1, 1995, and terminate on the later of--
       (1) September 30, 1998; or
       (2) the date in the Act of Congress providing for 
     authorization of appropriations for section 91 of title 13, 
     United States Code, first enacted following the date of the 
     enactment of this Act, that is September 30, of the last 
     fiscal year providing such an authorization under such Act of 
     Congress.
       (d) Definitions.--For purposes of this section:
       (1) The term ``burden'' shall have the meaning given that 
     term by section 3502(2) of title 44, United States Code.
       (2) The term ``collection of information'' shall have the 
     meaning given that term by section 3502(3) of title 44, 
     United States Code.
       (3) The term ``small business concern'' means a business 
     concern that meets the requirements of section 3(a) of the 
     Small Business Act (15 U.S.C. 632(a)) and the regulations 
     promulgated pursuant thereto.
       (4) The term ``survey'' means the collection of information 
     by the Bureau of the Census at the Department of Commerce 
     pursuant to section 91 of title 13, United States Code, for 
     the purpose of preparing the publication entitled ``Quarterly 
     Financial Report for Manufacturing, Mining, and Trade 
     Corporations''.
       On page 58, insert between lines 2 and 3 the following new 
     section:

     SEC. 4. OREGON OPTION PROPOSAL.

       (a) Findings.--The Senate finds that--
       (1) Federal, State and local governments are dealing with 
     increasingly complex problems which require the delivery of 
     many kinds of social services at all levels of government;
       (2) historically, Federal programs have addressed the 
     Nation's problems by providing categorical assistance with 
     detailed requirements relating to the use of funds which are 
     often delivered by State and local governments;
       (3) although the current approach is one method of service 
     delivery, a number of problems exist in the current 
     intergovernmental structure that impede effective delivery of 
     vital services by State and local governments;
       (4) it is more important than ever to provide programs that 
     respond flexibly to the needs of the Nation's States and 
     communities, reduce the barriers between programs that impede 
     Federal, State and local governments' ability to effectively 
     deliver services, encourage the Nation's Federal, State and 
     local governments to be innovative in creating programs that 
     meet the unique needs of the people in their communities 
     while continuing to address national goals, and improve the 
     accountability of all levels of government by better 
     measuring government performance and better meeting the needs 
     of service recipients;
       (5) the State and local governments of Oregon have begun a 
     pilot project, called the Oregon Option, that will utilize 
     strategic planning and performance-based management that may 
     provide new models for intergovernmental social service 
     delivery;
       (6) the Oregon Option is a prototype of a new 
     intergovernmental relations system, and it has the potential 
     to completely transform the relationships among Federal, 
     State and local governments by creating a system of 
     intergovernmental service delivery and funding that is based 
     on measurable performance, customer satisfaction, prevention, 
     flexibility, and service integration; and
       (7) the Oregon Option has the potential to dramatically 
     improve the quality of Federal, State and local services to 
     Oregonians.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Oregon Option project has the potential to improve 
     intergovernmental service delivery by shifting accountability 
     from compliance to performance results and that the Federal 
     Government should continue in its partnership with the State 
     and local governments of Oregon to fully implement the Oregon 
     Option.
       On page 58, line 3, strike out ``SEC. 3.'' and insert in 
     lieu thereof ``SEC. 5.''.

  Mr. ROTH. Mr. President, the managers' amendment I have sent to the 
desk contains four parts. The first part is a series of committee 
amendments. The second consists of a few technical amendments requested 
by the intelligence community. The third is an amendment authored by 
Senator Coverdell which eases compliance with the Census Bureau's 
Quarterly Financial Reports requirements. The fourth is a provision 
authored by Senator Hatfield relating to the Oregon option.
  The first part, amendments reported by the committee, was developed 
by Senators Cohen, Glenn, Nunn, and myself. It modifies several 
provisions of the bill regarding procurement of information technology. 
In the time since the language of this legislation was drafted last 
year, the Congress passed the Federal Acquisition Streamlining Act and 
the President signed it into law. That act and other events have 
created the opportunity to revise portions of the Paperwork Reduction 
Act. In summary, the amendment will better focus the information 
technology provisions on achieving results.
  This amendment was the result of a collaborative effort by Senators 
Cohen, Glenn, Nunn, and myself. Senators Nunn, Glenn, and I developed 
the bill now before the Senate. With Senator Cohen, we also had primary 
responsibility for the drafting and passage of last year's acquisition 
reform bill. So, there is broad agreement by the key sponsors of both 
efforts on the value of the Cohen-Roth-Glenn-Nunn amendment for the 
Paperwork Reduction Act.
  More work is needed to fix the Government's problems in using 
information technology. We have had hearings at the Governmental 
Affairs Committee, and the General Accounting Office is doing a major 
audit of the situation. Beyond that, Senator Cohen and I are working on 
legislation to follow up on the committee's acquisition reform efforts. 
The language in the committee's version of the Paperwork Reduction Act 
also will remove potential areas of conflict between this bill and the 
acquisition reform efforts the committee is currently pursuing.
  The second part consists of technical amendments intended to assure 
that the responsibilities given to OMB in the bill concerning the 
oversight of information technology activities within the Department of 
Defense and the intelligence community are the same as the authorities 
in the current Paperwork Reduction Act.
  I understand that, during the development of these amendments, 
concern was expressed about computer security within the executive 
branch. In the previous Congress Senator Glenn and I asked the Office 
of Technology Assessment to study security and privacy in the 
electronic age. In its report, entitled ``Information Security and 
Privacy in Network Environments,'' OTA outlined important legal and 
policy issues involved in the security of such environments and 
recommended substantial congressional involvement in addressing those 
issues. The report also describes the organizational relationships 
concerning these matters and the delicacy with which they were crafted 
in enacting the Computer Security Act of 1987. These are complex issues 
which the committee intends to address in depth later this session. In 
the meantime, however, the bill we are considering today leaves 
existing authorities unchanged.
  The third portion of the amendment is the Coverdell provision to 
establish a demonstration program within the Census Bureau to reduce 
the paperwork burden on small business resulting from the Quarterly 
Financial Report Program. The demonstration program expires on 
September 30, 1998, the date on which the Quarterly Financial Report 
Program itself expires, or if such program is itself further extended, 
then the demonstration expires in such later year.
  During such time the Census Bureau is required to assist first-time 
respondents in fulfilling the information collection under the 
Quarterly Report Program, or if the program is reauthorized for a 
subsequent period, the demonstration would expire on that later date. 
Particularly, the Bureau is mandated to establish a toll-free telephone 
number for those seeking such assistance.
  Perhaps more important than the assistance for first-time respondents 
is the Coverdell provision's protection against a firm's repeated 
requirement of participation. No firm with assets of $50 million or 
less may be required to participate twice if it has participated since 
October 1, 1989. And no firm of $100 million or less may be required to 
participate if it has participated within the last eight quarters.
  I support the provision authored by Senator Coverdell and commend him 
for his initiative.
  The fourth provision is a sense of the Senate resolution expressing 
support for an innovative statewide effort to 
[[Page S3513]] improve intergovernmental assistance and service 
delivery. Authored by Senator Hatfield, the resolution recognizes that 
the State and local governments of Oregon have begun a comprehensive 
project to coordinate their use of Federal funds to address social 
needs. Joined by the Federal Government in this effort, they are 
attempting to trade more flexibility in the use of those funds for more 
accountability for measurable performance. This provision expresses a 
recognition that this approach has the potential to improve 
intergovernmental service delivery and ought to be encouraged.
  I support all four parts of the amendment and urge its adoption.
  I yield the floor.
  The PRESIDING OFFICER. Is there further debate?
  Mr. NUNN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Georgia.
  Mr. NUNN. Mr. President, the Senator from Delaware has explained the 
managers' amendment. I think there is nothing to add. I urge adoption.
  The PRESIDING OFFICER. Is there further debate? If not, the question 
is on agreeing to the amendment.
  The amendment (No. 317) was agreed to.
  Mr. ROTH. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. NUNN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. ROTH. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BUMPERS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Arkansas is recognized.
  (The remarks of Mr. Bumpers and Mr. Bennett pertaining to the 
introduction of S. 504 are located in today's Record under ``Statements 
on Introduced bills and Joint Resolutions.'')

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