[House Report 110-781]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-781
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PAPERWORK ASSISTANCE ACT
_______
July 28, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 6113]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 6113) to amend title 44, United
States Code, to require each agency to include a contact
telephone number in its collection of information, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Legislative History.............................................. 3
Section-by-Section............................................... 3
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 4
Rollcall Votes................................................... 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Constitutional Authority Statement............................... 4
Federal Advisory Committee Act................................... 4
Unfunded Mandates Statement...................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
Budget Authority and Congressional Budget Office Cost Estimate... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperwork Assistance Act''.
SEC. 2. AGENCY CONTACT INFORMATION REQUIREMENT.
Section 3506(c)(1)(B)(iii) of title 44, United States Code, is
amended--
(1) in subclause (IV) by striking ``and'' at the end; and
(2) by adding at the end the following:
``(VI) contact information for the
agency, including a website and a
telephone number, by which a person may
obtain a specific contact person
responsible for answering questions
about the information collection and
other information to assist in
responding to the information
collection; and''.
SEC. 3. REPORT BY THE OFFICE OF MANAGEMENT AND BUDGET.
The Director of the Office of Management and Budget shall include in
the report required by section 3514(a)(1)(B) of title 44, United States
Code, covering fiscal year 2010 the following:
(1) The status of implementation by agencies of the
requirement in section 3506(c)(1)(B)(iii)(VI) of such title 44,
as added by section 2 of this Act.
(2) A description of how each agency has responded to
complaints made to the agency related to the agency's
compliance with such requirement.
SEC. 4. EFFECTIVE DATE.
The amendment made by section 2 shall apply to new or revised
collections of information approved by the Director of the Office of
Management and Budget beginning 1 year after the date of enactment of
this Act.
Amend the title so as to read:
A bill to amend title 44, United States Code, to require
each agency to include contact information for the agency in
its collection of information.
Purpose and Summary
H.R. 6113, the Paperwork Assistance Act, was introduced by
Rep. Nancy Boyda on May 21, 2008. H.R. 6113 would help members
of the public with filling out government forms by requiring
each agency to include contact information for the agency on
its information collections.
Background and Need for Legislation
Collecting information through paperwork is necessary in
order for the government to collect taxes, administer programs,
and enforce laws. It is also important that businesses and
members of the public have access to the information they need
to fill out government forms.
Providing contact information that a person filling out a
form can use to get answers to questions about the form is one
way agencies can reduce the burden of government paperwork.
Agencies are not currently required to provide contact
information on information collections. The National Federation
for Independent Business released a survey of its members in
June 2007 in which 85% of respondents said Congress should
mandate that all federally required paperwork include the
contact information of the agent or agency requesting the
information.\1\
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\1\ Where Small Business Stands, MyBusiness Magazine (June/July
2007)(online at www.mybusinessmag.com).
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The Paperwork Reduction Act is the primary tool for
measuring and controlling paperwork requirements imposed by the
federal government.\2\ The Paperwork Reduction Act requires
agencies to get approval from the Office of Management and
Budget (OMB) when information is being obtained from ten or
more people and agencies must include certain information on
their information collections.\3\ H.R. 6113 amends the
Paperwork Reduction Act to require agencies to provide contact
information for the agency on information collections.
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\2\ 44 U.S.C. Sec. 3501 et seq.
\3\ 44 U.S.C. Sec. 3506(c)(1)(B)(iii).
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Legislative History
H.R. 6113 was introduced by Rep. Nancy Boyda on May 21,
2008, and referred to the Committee on Oversight and Government
Reform.
The full Committee held a business meeting to consider H.R.
6113 on July 16, 2008, and ordered the bill to be reported
favorably by a voice vote.
Section-by-Section
Section 1. Short title
The short title of the bill is the ``Paperwork Assistance
Act.''
Section 2. Agency contact information requirement
This section requires each agency that is subject to the
Paperwork Reduction Act to include contact information,
including a website and a telephone number, for the agency on
its information collections. Under this section, agencies must
provide contact information that a person can use to obtain a
specific contact person responsible for answering questions
about the information collection as well as to obtain any other
information the agency wishes to make available to assist in
responding to an information collection. Under this section, an
agency may list general contact information for the agency but
the agency must then provide a way for a member of the public
to use that information to reach a contact person who can
answer specific questions about a form.
Section 3. Report by the Office of Management and Budget
This section requires the Director of OMB, for the report
covering the year 2010, to include in the annual report OMB is
required to submit to Congress under the Paperwork Reduction
Act, the status of implementation by agencies and a description
of how each agency has responded to complaints made to the
agency related to the agency's compliance with the requirements
of section 2.
Section 4. Effective date
This section provides that agencies must begin including
contact information on new or revised information collections
that are approved by the Director of OMB beginning one year
after the date of enactment.
Explanation of Amendments
Rep. Towns offered an amendment in the nature of a
substitute, passed by voice vote, to require each agency to
include the agency's website address on information
collections; to clarify that a person must be able to use the
contact information provided on an information collection to
reach a person who is responsible for answering questions about
the form; and to strike the language requiring a report by the
Government Accountability Office. Pursuant to a request by Rep.
Watson, language was included in the Towns amendment to require
OMB to provide a status report on implementation of the bill.
Committee Consideration
On Wednesday, July 16, 2008, the Committee met in open
session and favorably ordered H.R. 6113 to be reported to the
House by a voice vote.
Rollcall Votes
No rollcall votes were held.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to terms and conditions of
employment or access to public services and accommodations. The
bill requires executive branch agencies to include certain
information on information collections and does not relate to
employment or access to public services and accommodations in
the legislative branch.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of Rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report, including the need for agencies to provide a way
for members of the public to get answers to questions about
government paperwork.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report, including ensuring that agencies provide
contact information on information collections to make it
easier for members of the public to fill out government
paperwork.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 6113. Article I, Section 8, Clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement on
whether the provisions of the report include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
Earmark Identification
H.R. 6113 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 6113. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 6113 from the Director of
the Congressional Budget Office:
July 23, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6113, a bill to
amend title 44, United States Code, to require each agency to
include contact information for the agency in its collection of
information.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 6113--A bill to amend title 44, United States Code, to require
each agency to include contact information for the agency in
its collection of information
H.R. 6113 would amend the Paperwork Reduction Act to
require all federal agencies collecting new or revised
information from the public to provide contact information,
including a Web site and telephone number, where respondents
can obtain a specific contact person responsible for answering
questions about the information. CBO estimates that
implementing H.R. 6113 would have no significant impact on the
federal budget. Although the legislation could affect agencies
not funded through annual appropriations (such as the Tennessee
Valley Authority or the U.S. Postal Service), CBO estimates
that any net increase in spending by those agencies would not
be significant.
Information from the Office of Management and Budget, the
Internal Revenue Service, and the Social Security
Administration indicates that most agencies already have
telephone numbers and Web sites devoted to providing
information pertaining to their forms, policies, and
procedures. Thus, CBO estimates that implementing the bill
would not significantly increase future costs of preparing
paper or electronic documents used throughout the federal
government or of responding to inquiries about requests for
information.
H.R. 6113 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Peter H. Fontaine,
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 44, UNITED STATES CODE
* * * * * * *
CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
* * * * * * *
SUBCHAPTER I--FEDERAL INFORMATION POLICY
* * * * * * *
Sec. 3506. Federal agency responsibilities
(a) * * *
* * * * * * *
(c) With respect to the collection of information and the
control of paperwork, each agency shall--
(1) establish a process within the office headed by
the Chief Information Officer designated under
subsection (a), that is sufficiently independent of
program responsibility to evaluate fairly whether
proposed collections of information should be approved
under this subchapter, to--
(A) * * *
(B) ensure that each information collection--
(i) * * *
* * * * * * *
(iii) informs the person receiving
the collection of information of--
(I) * * *
* * * * * * *
(IV) whether responses to the
collection of information are
voluntary, required to obtain a
benefit, or mandatory; [and]
* * * * * * *
(VI) contact information for
the agency, including a website
and a telephone number, by
which a person may obtain a
specific contact person
responsible for answering
questions about the information
collection and other
information to assist in
responding to the information
collection; and
* * * * * * *