[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the quorum call be rescinded.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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