[Congressional Record Volume 141, Number 64 (Thursday, April 6, 1995)]
[Senate]
[Pages S5398-S5401]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 CONFERENCE REPORT ACCOMPANYING S. 244, THE PAPERWORK REDUCTION ACT OF 
                                  1995

  Mr. NUNN. Mr. President, I rise in strong support of the Conference 
Report on the ``Paperwork Reduction Act of 1995'', S.244, a bill which 
I introduced on January 19, with strong bipartisan support. I 
anticipate that the conference report will be accepted by the Senate. 
The leadership of the House is eager to take action before the recess. 
Representatives of the administration have stated that the President is 
equally eager to sign into law this legislation to substantially 
strengthen the Paperwork Reduction Act of 1980, and reauthorize 
appropriations for the Office of Information and Regulatory Affairs 
[OIRA], which has been without an authorization since October of 1989.
  Mr. President, before making some observations about the substance of 
the conference report upon which the Senate is about to act, I would 
like to briefly share with some of our newer colleagues some highlights 
of the very long march that had to be taken to get us to this point.
  The effort has spanned more than 5 years, beginning in 1989. In the 
fall of 1989, the small business community sought the assistance of 
members of the Committee on Small business to advance a package of 
amendments to S. 1742, legislation in the 101st Congress. They asserted 
that these amendments were desperately needed if the effectiveness of 
the Paperwork Reduction Act was to be preserved. These proposed 
amendments garnered bipartisan support within the Small Business 
Committee and were advanced during the Governmental Affairs Committee's 
consideration of the bill. S. 1742 was not passed by the Senate before 
the end of the 101st Congress.
  With the beginning of the 102d Congress, I offered the ``Paperwork 
Reduction Act of 1991'', the first predecessor to the legislation being 
considered today. From the outset, this legislation has garnered strong 
bipartisan support, especially within the membership of the Committee 
on Small Business. Successive ranking Republican Members of the 
Committee on Small Business, including Senators Boschwitz, Kasten, and 
Pressler, have all been original cosponsors. My friend from Arkansas 
[Mr. Bumpers], then chairman of the committee, has each time consented 
to serve as the principal Democratic cosponsor.
  With the introduction of S. 1139, the effort has had the strong 
support of a broad Paperwork Reduction Act Coalition, representing 
virtually every segment of the business community, but especially the 
small business community.
  Mr. President, I will have more to say about the Paperwork Reduction 
Act Coalition later in my remarks.
  The 102d Congress ended without seeing any action on S. 1139. 
Consideration of that bill became ensnared in the controversies 
regarding OIRA's regulatory review activities on behalf of the 
President, conducted pursuant to executive order, and the activities of 
the Council on Competitiveness, chaired by Vice President Quayle.
  At the beginning of the 103d Congress, I introduced S. 560, again 
with strong bipartisan support. Our former colleague from Missouri, 
Senator Danforth, served as the principal Republican cosponsor. Senator 
Danforth had been the principal Republican cosponsor of the legislation 
sponsored by our former colleague from Florida, Lawton Chiles, that 
became the Paperwork Reduction Act of 1980.
  During the last Congress, real progress was finally made. S. 560 was 
skillfully blended with Senator Glenn's bill, S. 681. Both had the same 
basic objective--to reauthorize appropriations for OIRA and to 
strengthen the Paperwork Reduction Act of 1980. Each bill, however, 
reflected substantially different perspectives of how the
 Paperwork Reduction Act should be strengthened. A committee substitute 
for S. 560 was developed, reflecting the core of both bills. My friend 
from Ohio [Mr. Glenn], then chairman of the Governmental Affairs 
Committee displaying skillful leadership and tenacity to break the 
logjam. Progress would not have been possible without the steadfast 
support of my friend from Delaware [Mr. Roth], and many of my 
Republican friends on the Governmental Affairs Committee. Before the 
end of the last Congress, we were able to have the Paperwork Reduction 
Act of 1994, S. 244, as amended, approved by the Senate not once but 
twice in the closing days of the 103d Congress. S. 560 passed the 
Senate by unanimous voice vote on October 6, 1994. The following day, 
the text of S. 560 was attached to a House-passed measure, and returned 
to the House. Unfortunately, neither bill was cleared for action before 
adjournment of the 103d Congress. [[Page S5399]] 

  With the convening of the 104th Congress, I introduced the Paperwork 
Reduction Act of 1995, S. 244, a bill substantially identical to the 
text of S. 560, as passed by the Senate.
  A substantially identical House companion, H.R. 830, was introduced 
in the House. H.R. 830 was passed by the House on February 22 by a 
rollcall vote of 418-0.
  Given all of the bipartisan consensus that had been developed around 
S. 560 during the prior Congress, the Senate was able to promptly turn 
to the consideration of S. 244, following its being unanimously ordered 
reported by the Committee on Governmental Affairs on February 1. On 
March 7, the Senate passed S. 244 by a rollcall vote of 99-0.
  Since the version of the Paperwork Reduction Act of 1995 passed by 
the House contained virtually all of the provisions of S. 244, as 
reported by the Governmental Affairs Committee, the conferees' focus 
was on those provisions of the House-passed bill that sought to further 
strengthen provisions of the 1980 act and the provisions added during 
consideration on the Senate floor.
  Mr. President, the text of S. 244 is truly not the least common 
denominator of the two versions of the bill, but rather almost an 
aggregation of the best features of both. Those who have worked long 
and hard on this effort over the years, within this body, within the 
House, and especially the organizations that comprise the Paperwork 
Reduction Act Coalition, can be justifiably proud of what has been 
accomplished. Only the fewest of House provisions to further strengthen 
the 1980 act were not included in the conference report.
  S. 244 forcefully reaffirms the fundamental congressional objective 
of the Paperwork Reduction Act of 1980: to minimize the Federal 
paperwork burdens imposed on the public. It improves the act's 
effectiveness as a restraint on the natural tendencies of individual 
Federal agencies to levy a relentless stream of paperwork requirements 
on businesses, small and large, State and local governments, 
educational institutions, non-profit organizations, and individual 
citizens.
  S. 244 makes a series of specific amendments to the Paperwork 
Reduction Act of 1980, based upon almost 15 years of experience under 
the act. These amendments reemphasize the fundamental responsibilities 
of each agency to carefully consider each proposed paperwork 
requirement to determine if it meets the act's fundamental standards of 
need and practical utility. And, if needed, assures that the proposed 
requirement imposes the least burden on those segments of the public 
against whom the paperwork requirement is directed.
  S. 244 also substantially improves the opportunity for public 
participation in the review of proposed paperwork burdens. Under the 
changes made by the Paperwork Reduction Act of 1995, the public will 
have a chance to review and comment on the proposed paperwork 
requirement, while the agency is conducting its review, so that the 
public comments or suggestions for a less burdensome alternative 
approach can more effectively influence the final outcome.
  S. 244 will not merely preserve, but substantially enhance the role 
of OIRA, which was created by the 1980 act. Located within the Office 
of Management and Budget, OIRA was from the outset expected to regulate 
the regulators in the words of President Carter, when he signed the 
orginal Paperwork Reduction Act into law. OIRA brings a Government-wide 
perspective to the act's implementation, serving as both traffic cop 
and honest broker, regarding paperwork requirements advanced by 
individual Federal agencies without regard to related burdens being 
imposed by other Federal agencies. We all hear complaints that it is 
the cumulative effect of Federal paperwork burdens that so infuriates 
the public.
  To demonstrate congressional confidence in OIRA, the conference 
agreement on S. 244 provides a 6-year authorization of appropriations. 
The conferees rejection of the provision from the House-passed bill 
providing a permanent authorization of OIRA's appropriations should not 
be construed negatively. In fact, most of the pending legislation 
relating to reform of the regulatory process expands OIRA's role as the 
focal point within the Executive Office of the President for the fight 
to minimize regulatory and paperwork burdens which Government imposes 
on the public.
  S. 244 begins that process. Under the provisions of the Paperwork 
Reduction Act of 1995, OIRA has more authority and more responsibility 
to spur individual agencies in the direction of minimizing regulatory 
paperwork burdens.
  For example, S. 244 reaffirms OIRA's authority to prescribe standards 
under which agencies estimate the number of burden hours imposed by a 
proposed paperwork requirement. Today, too many agency paperwork 
estimates severely underestimate the total burden likely to be imposed. 
It is not merely the time needed to complete the form. That is just 
part of the burden. The time needed to understand the paperwork 
requirement, collect the information, and then array it in the manner 
requested, cannot be ignored. Further, if the paperwork requirement is 
to be a recurring requirement, it may require the establishment of a 
special record keeping system and the associated equipment and 
personnel. S. 244 modifies the Act's definition of burden to capture 
the full range of regulatory paperwork compliance costs.
  S. 244 clarifies and strengthens the act's public protection 
features. The act currently permits a member of the public to ignore a 
paperwork collection requirement that does not display a valid OMB 
control number, indicating that the paperwork collection requirement 
has been approved by OIRA, and that approval has not expired. The 
conference agreement makes explicit that the protection afforded by the 
act may be asserted or raised in the form of a complete defense at any 
time if the agency should seek to enforce compliance with the 
unapproved collection of information or impose a penalty through 
administrative or judicial action.
  The enhanced public protection provision of S. 244 also requires the 
agencies to provide an explicit notice on the form that the public need 
not comply with a paperwork requirement that fails to display a valid 
control number. Such a warning label should
 help educate the public regarding the protections afforded them by the 
act against unauthorized collections of information.

  The conference agreement reflects another provision of S. 244 
designed to empower individual members of the public to help police 
unauthorized paperwork requirements. Under S. 244, a member of the 
public empowered to seek a determination from the OIRA Administrator 
regarding whether the manner in which an agency is implementing a 
paperwork requirement is in conformity with the act. The provision 
establishes response times and provides the OIRA Administrator with 
authority to seek appropriate remedial action by the agency, if 
warranted.
  The conference agreement also includes a substantially strengthened 
requirement relating to paperwork reduction goals. S. 244 requires the 
establishment of a Government-wide paperwork burden reduction goal of 
at least ten percent for each of the fiscal years 1996 and 1997. A 
Government-wide goal of at least 5 percent would be required in each 
the fiscal years 1998 through 2001. After the establishment of the 
Government-wide goals, goals would be negotiated between OIRA and the 
individual agencies, which reflect the maximum practicable opportunity 
for paperwork burden reduction.
  More important than the simple establishment of more aggressive 
Government-wide paperwork reduction goals is the provision adopted from 
the House-passed bill which will contribute to making them a reality. 
Under the conference agreement, OIRA's annual report to the Congress 
would identify those agencies which had failed to attain their burden 
reduction, set forth the reasons given by the agency for such failure, 
and specify the agency's proposals for remedial action.
  Mr. President, such a burden reduction program is sorely needed. In 
fiscal year 1994, the American people spent more than 6.6 billion hours 
filling-out forms, answering survey questions, and compiling records 
for the Federal Government. On the basis of a 40-hour work week, that's 
the equivalent of 3 million Americans being employed full-time solely 
to meet the Government's [[Page S5400]] paperwork demands. And, these 
are conservative estimates, compiled by OIRA on the basis of the burden 
hour estimates assigned by the agencies to their approved paperwork 
burdens. Burden estimates, which many in the private sector, those on 
the receiving end of these paperwork demands, believe to be very low. 
These estimates are contained in an Information Collection Budget, 
annually published by OIRA. Our former colleague, Lawton Chiles, the 
father of the Paperwork Reduction Act, used the word budget to 
emphasize that Federal paperwork requirements impose real costs on the 
public and the Nation's economy.
  Mr. President, at the same time, there can be no doubt that 
Government requires information to serve the people. We are in the 
Information Age. In the words frequently used by my colleague from 
Georgia the Speaker of the House the ``Third Wave'' is upon us.
  With respect to Government's real need for information, the key is to 
obtain only what is necessary and to do so in the least burdensome 
manner. Improving the Government's use of information technology is, 
and should be, an important function of OIRA. It can simultaneously 
lessen the burden of information collection on the public, enhance 
Government's effective use of the information collected, and foster 
dissemination of Government information for the benefit of the public. 
Although the product of an era in which mechanical typewriters 
dominated Government offices, the Paperwork Reduction Act provides the 
broad legislative foundation to serve as a key tool for copping with 
the
 new demands being placed upon the Federal Government. That foundation 
was broadened and substantially enhanced by the provisions in the 
Senate's version of S. 244 derived from the work of my good friend from 
Ohio [Mr. Glenn].

  Mr. President, I would like to highlight one additional point about 
S. 244, although it was not an issue in conference since both versions 
of the bill contained identical language. The Paperwork Reduction Act 
of 1995 clarifies the 1980 Act to make explicit that it applies to 
Government-sponsored third-party paperwork burdens. These are 
recordkeeping, disclosure, or other paperwork burdens that one private 
party imposes on another private party at the direction of a Federal 
agency.
  In 1990, the U.S. Supreme Court decided that such Government-
sponsored third-party paperwork burdens were not subject to the 
Paperwork Reduction Act. The Court's decision in Dole versus United 
Steelworkers of America created a potentially vast loophole. The public 
could be denied the act's protections on the basis of the manner in 
which a Federal agency chose to impose a paperwork burden, indirectly 
rather than directly. It is worth noting that Lawton Chiles filed an 
amicus brief to the Supreme Court arguing that no such exemption for 
third-party paperwork burdens was intended. Given the plain words of 
the statute, the Court decided otherwise.
  S. 244 makes explicit the act's coverage of all Government-sponsored 
paperwork burdens. We can feel confident that this major loophole is 
closed. But given more than a decade of experience under the act, it is 
prudent to remain vigilant to additional efforts to restrict the act's 
reach and public protections.
  The Paperwork Reduction Act of 1995, like its predecessor bills, has 
enjoyed the steadfast support of the Paperwork Reduction Act Coalition, 
representing virtually every segment of the business community. 
Participating in the Coalition are the major national small business 
associations--the National Federation of Independent Business [NFIB], 
the Small Business Legislative Council [SBLC], and National Small 
Business United [NSBU], as well as the many specialized national 
individual small business associations, like the American 
Subcontractors Association, that compromise the membership of SBLC or 
NSBU.
  Other business associations participating in the coalition represent 
many types of manufacturers, aerospace and electronics firms, 
construction firms, providers of professional and technical services, 
retailers of various products and services and the wholesalers and 
distributors who support them. I would like to identify a few of the 
coalition's member organizations: the Aerospace Industries Association 
[AIA], the American Consulting Engineers Council [ACEC], the American 
Subcontractors Association [ASA], the Associated Builders and 
Contractors [ABC], the Associated General Contractors of America [AGC], 
the Contract Services Association [CSA], the Electronic Industries 
Association [EIA], the Independent Bankers Association of America 
[IBAA], the International Communications Industries Association [ICIA], 
the National Association of Wholesalers and Distributors, the National 
Association of Manufacturers [NAM], the National Tooling and Machining 
Association [NTMA], the Printing Industries of America [PIA], and the 
Professional Services Council [PSC].
  Leadership for the Coalition is being provided by the Council on 
Regulatory and Information Management [C-RIM] and by the U.S. Chamber 
of Commerce. C-RIM is the new name for the Business Council on the 
Reduction of Paperwork, which has dedicated itself to paperwork 
reduction and regulatory reform issues for a half century.
  The coalition also includes many other professional associations and 
public interest groups that support strengthening the Paperwork 
Reduction Act of 1980. Because of their efforts, two deserve special 
mention. The Association of Records Managers and Administrators [ARMA] 
have worked long and hard. The conference agreement reflects their 
valuable contribution--a requirement that any collection of information 
imposing a recordkeeping requirement also specify how long the public 
must retain the required record. According to ARMA, tens of millions of 
dollars are being wasted in the needless retention of records.
  The coalition has also been substantially enhanced by the 
participation of Citizens for a Sound Economy [CSE]. With this victory 
nearly at hand, CSE has been working hard at reform of the Government's 
basic regulatory processes.
  Given the regulatory burdens faced by State and local governments, 
legislation to strengthen the Paperwork Reduction Act is high on the 
agenda of the various associations representing our Nation's elected 
officials. As Governor of Florida, Lawton Chiles, has worked hard for 
the cause with the National Governors Association [NGA]. NGA adopted a 
resolution in support of this legislation during its 1994 annual 
meeting, thanks to the work of Governor Chiles and others.
  Mr. President, I ask unanimous consent to insert in the Record a list 
of the membership of the Paperwork Reduction Act Coalition.
  Mr. President, I urge my colleagues to join me in supporting the 
conference report on S. 244, the Paperwork Reduction Act of 1995.
  There being no objection, the list was ordered to be printed in the 
Record, as follows:
                 The Paperwork Reduction Act Coalition

       Aerospace Industries Association of America.
       Air Transport Association of America.
       Alliance of American Insurers.
       American Consulting Engineers Council.
       American Institute of Merchant Shipping.
       American Iron and Steel Institute.
       American Petroleum Institute.
       American Subcontractors Association.
       American Telephone & Telegraph.
       Associated Builders & Contractors.
       Associated Credit Bureaus.
       Associated General Contractors of America.
       Association of Records Managers and Administrators.
       Association of Manufacturing Technology.
       Automotive Parts and Accessories Association.
       Biscuit and Cracker Manufacturers' Association.
       Bristol Myers.
       Chemical Manufacturers Association.
       Chemical Specialties Manufacturers Association.
       Citizens Against Government Waste.
       Citizens For A Sound Economy.
       Computer and Business Equipment Manufacturers Association.
       Contract Services Association of America.
       Copper & Brass Fabricators Council.
       Dairy and Food Industries Supply Association.
       Direct Selling Association.
       Eastman Kodak Company.
       Electronic Industries Association.
       Financial Executives Institute.
       Food Marketing Institute.
       Gadsby & Hannah.
       Gas Appliance Manufacturers Association.
       General Electric.
       Glaxo, Inc.
       Greater Washington Board of Trade.
       Hardwood Plywood and Veneer Association. [[Page S5401]] 
       Independent Bankers Association of America.
       International Business Machines.
       International Communication Industries Association.
       International Mass Retail Association.
       Kitchen Cabinet Manufacturers Association.
       Mail Advertising Service Association International.
       McDermott, Will & Emery.
       Motorola Government Electronics Group.
       National Association of Homebuilders of the United States.
       National Association of Manufacturers.
       National Association of Plumbing-Heating-Cooling 
     Contractors.
       National Association of the Remodeling Industry.
       National Association of Wholesalers-Distributors.
       National Federation of Independent Business.
       National Food Brokers Association.
       National Food Processors Association.
       National Foundation for Consumer Credit.
       National Glass Association.
       National Restaurant Association.
       National Roofing Contractors Association.
       National Security Industrial Association.
       National Small Business United.
       National Society of Professional Engineers.
       National Society of Public Accountants.
       National Tooling and Machining Association.
       Northrop Corporation.
       Packaging Machinery Manufacturers Institute.
       Painting and Decorating Contractors of America.
       Printing Industries of America.
       Professional Services Council.
       Shipbuilders Council of America.
       Small Business Legislative Council.
       Society for Marketing Professional Services.
       Sun Company, Inc.
       Sunstrand Corporation.
       Texaco.
       United Technologies.
       Wholesale Florists and Florist Suppliers of America.
                                                                    ____

           Members of the Small Business Legislative Council

       Air Conditioning Contractors of America.
       Alliance for Affordable Health Care.
       Alliance of Independent Store Owners and Professionals.
       American Animal Hospital Association.
       American Association of Nurserymen.
       American Bus Association.
       American Consulting Engineers Council.
       American Council of Independent Laboratories.
       American Floorcovering Association.
       American Gear Manufacturers Association.
       American Machine Tool Distributors Association.
       American Road & Transportation Builders Association.
       American Society of Travel Agents, Inc.
       American Sod Producers Association.
       American Subscontractors Association.
       American Textile Machinery Association.
       American Trucking Associations, Inc.
       American Warehouse Association.
       American Wholesale Marketers Association.
       AMT--The Association for Manufacturing Technology.
       Apparel Retailers of America.
       Architectural Precast Association.
       Associated Builders & Contractors.
       Associated Equipment Distributors.
       Associated Landscape Contractors of America.
       Association of Small Business Development Centers.
       Automotive Service Association.
       Automotive Recyclers Association.
       Bowling Proprietors Association of America.
       Building Service Contractors Association International.
       Business Advertising Council.
       Christian Booksellers Association.
       Council of Fleet Specialists.
       Council of Growing Companies.
       Direct Selling Association.
       Electronics Representatives Association.
       Florists' Transworld Delivery Association.
       Health Industry Representatives Association.
       Helicopter Association International.
       Independent Bakers Association.
       Independent Bankers Association of America.
       Independent Medical Distributors Association.
       International Association of Refrigerated Warehouses.
       International Communications Industries Association.
       International Formalwear Association.
       International Television Association.
       Machinery Dealers National Association.
       Manufacturers Agents National Association.
       Manufacturers Representatives of America, Inc.
       Mechanical Contractors Association of America, Inc.
       National Association for the Self-Employed.
       National Association of Catalog Showroom Merchandisers.
       National Association of Home Builders.
       National Association of Investment Companies.
       National Association of Plumbing-Heating-Cooling 
     Contractors.
       National Association of Private Enterprise.
       National Association of Realtors.
       National Association of Retail Druggists.
       National Association of RV Parks and Campgrounds.
       National Association of Small Business Investment 
     Companies.
       National Association of the Remodeling Industry.
       National Association of Truck Stop Operators.
       National Association of Women Business Owners.
       National Chimney Sweep Guild.
       National Association of Catalog Showroom Merchandisers.
       National Coffee Service Association.
       National Electrical Contractors Association.
       National Electrical Manufacturers Representatives 
     Association.
       Naitonal Food Brokers Association.
       National Independent Flag Dealers Association.
       National Knitwear Sportswear Association.
       National Lumber & Building Material Dealers Association.
       National Moving and Storage Association.
       National Ornamental & Miscellaneous Metals Association.
       National Paperbox Association.
       National Shoe Retailers Association.
       National Society of Public Accountants.
       National Tire Dealers & Retreaders Association.
       National Tooling and Machining Association.
       National Tour Association.
       National Venture Capital Association.
       Opticians Association of America.
       Organization for the Protection and Advancement of Small 
     Telephone Companies.
       Passenger Vessel Association.
       Petroleum Marketers Association of America.
       Power Transmission Representatives Association.
       Printing Industries of America, Inc.
       Promotional Products Association International.
       Retail Bakers of America.
       Small Business Council of America, Inc.
       Small Business Exporters Association.
       SMC/Pennsylvania Small Business.
       Society of American Florists.
       

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