OMB DRAFT BILL INTRODUCED AS S. 3080 (98TH CONGRESS) THE CONGRESSIONAL REPORTS ELIMINATION ACT OF 1984
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CIA-RDP86B00338R000400540002-9
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K
Document Page Count:
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Document Creation Date:
December 21, 2016
Document Release Date:
October 23, 2008
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2
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Publication Date:
December 4, 1984
Content Type:
MEMO
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RECORD OF ORAL RESPONSE
BILLS AND LEGISLATIVE REFERRALS
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EXECUOE OFFICE OF THE PRESIDEN710
OFFICE OF MANAGEMENT AND BUDGET
December 4, 1984
LEGISLATIVE REFERRAL MEMORANDUM
TO: LEGISLATIVE LIAISON OFFICER
SEE DISTRIBUTION
SUBJECT: OMB draft bill introduced as S. 3080 (98th Congress),
the "Congressional Reports Elimination Act of 1984"
During the previous session of Congress, Senator Danforth
introduced the "Congressional Reports Elimination Act of 1984"
(S. 3080), the Administration's proposal to discontinue or amend
requirements for recurring agency reports to the Congress. This
legislation, which was circulated to the agencies on July 20,
1984, as a draft bill, would eliminate, consolidate, or modify.
recurring reports to the Congress that are no longer considered
necessary or desirable. We intend to resubmit the proposal to
the Congress early next year.
Therefore, agencies should review S. 3080 (copy attached) and
provide comments (both substantive and technical) by January 4,
1985. Recommendations for expanding the legislation to modify or
eliminate additional report requirements should follow the
instructions contained in OMB Bulletin No. 84-10 (attached in
part) .
Direct your questions to Branden Blto/(395-3454) the legislative
attorney in this office.
Jaii' s-C. M4r/r /for
Assistant Director for
Legislative Reference
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Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Environmental Protection Agency
General Services Admistration
Department of Health and Human Services
Department of the Interior
Department of Housing and Urban Development
Department of Justice
Department of Labor
National Aeronautics and Space Administration
National Science Foundation
Office of Personnel Management
Small Business Administration
Department of State
Department of Transportation
Department of the Treasury
Veterans Administration
Federal Communications Commission
Federal Labor Authority
Nuclear Regulatory Commission
Agency for International Development
Ex-Im Bank*
.
htral
Intelligence Agency*
Federal
Emergency Management Agency*
Federal
United
Trade Commission*
States Postal Service*
cc:
F.
J.
C.
G.
R.
B.
K.
R.
J.
R.
P.
A.
B.
J.
D.
S.
Iudicello
MacRae
Wirtz
Jones
Peterson
Howard
Schwartz
Landis
Bar ie
Greene
Hanna
Rhinesmith
Leonard
Kent
Boyd
Farrar
B.
K.
K.
N.
J.
B.
T.
J.
P.
D.
S.
B.
D.
F.
J.
D.
Bedell
Ryder
Glozer
Sweeney
Hezir
Anderson
Palmieri
Struthers
Szervo
Gibbons
Jacobs
White
Kleinberg
Seidl
Lordan
Cluff
*Not included in 7/20/84 circulation.
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. O.C. 20503
BULLETIN NO.. 84- 10 March 28,1984
TO TEE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Reducing Executive Branch Reports to the Congress
1. Pur ose: This Bulletin provides instructions for the
identification of recurring reports to Congress for potential
elimination, consolidation, reduction in frequency, or other
modification. This activity is designed to achieve cost savings
and improve program efficiencies by reducing existing reporting
requirements upon executive branch agencies and streamlining
executive branch communication with the Congress. It is a
follow-on to the review process which resulted in P.L. 96-470,
the Congressional Reports Elimination Act of 1980, and P.L. 97-375,
the Congressional Reports Elimination Act of 1982.
2. Background: In its report entitled The Cost of Congressional
Encroac m t, the President's Private Sector Survey on cost
Control stated:
"There is no question that Congress is entitled. to
information from agencies on Federal programs so as to
properly discharge its Constitutional responsibilities.
Unfortunately many of the reports Congress requires of the
Executive Branch are: not useful, excessively costly to
produce, no longer relevant, and not even read or.used by
their intended audience, as will be shown. Worse, the number
of reports Congress requires has been rising."
The report contained an explicit recommendation that OMB "seek
legislation that would eliminate requirements for the Executive
Branch to produce reports for Congress that. are expensive and
unnecessary.*
Together the "Congressional. Reports Elimination Act of 1980" and
the "Congressional Reports- Elimination Act of 1982" discontinued
or modified about 150 recurring reporting requirements to
Congress. This. was accomplished after a review of over. 2,000
congressionally mandated reports by all Federal agencies, OMB,
and the General Accounting Office (GAO). These efforts resulted
in a substantial reduction in the reporting burden on executive
branch agencies, with a cost-savings estimated by GAO and the
Congressional. Budget Office of over $12. million annually.
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Since all agencies continue to work under personnel and budget
restrictions and since the number of congressionally mandated
reports continues to grow by several hundred per year (a recent
estimate is that at least 2,800 recurring reports must be
submitted to the Congress), OMB believes that developing another
legislative proposal in this area is desirable. In addition, a
number of agencies have requested that OMB prepare another
legislative proposal.
3. Action Required. Agencies are requested to provide
recommendations to eliminate, simplify, or consolidate existing
legislatively mandated reports. GAO maintains an inventory of
reporting requirements for all agencies and has recently
requested data to update the inventory. This request included a
l;sting of agencies' current requirements, and should be a useful
document in preparing recommendations. Agencies should consider
all existing recurring requirements to fail within the scope of
this exercise, with particular attention to those previously
recommended for termination or modification (Attachment 1) but
not enacted as part of P.L. 96-470 or P.L. 97-375.
Suggested criteria for identifying reports for elimination or
modification include:
a. Duplication and overlap with other reports (i.e.,
information provided to Congress by the agency in another form, or
information provided by other agencies or the public);
b. Reporting burden and other costs (i.e., cost and
reporting burden to the reporting agency and other Federal
agencies, or cost and reporting burden of collecting information
from outside the Federal Government);
c. Original rationale for requiring report (i.e., is this
rationale still valid?);
d. Uses (i.e., use to the reporting agency, and use to
Congress in the opinion of the agency).
After 0MB review of agency recommendations and consultations with
the GAO, the Administration will propose an omnibus bill similar
to P.L. 96-470 and 97-375. Upon its introduction all agencies
will be asked to contact relevant congressional committees to
discuss their individual legislative recommendations.
4. Material To Be Submitted. Recommendations should-be submitted
in accordance with the format in Attachment 2. Statutory
references must be as complete as possible, following. precisely
this format. All eliminations should be given Section 100
numbers. All consolidations, reductions in frequency, or other
modifications should be given Section 200 numbers.. In addition, a
section-by-section analysis and justification for each
recommendation should. be provided as shown in Attachment 2.
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Agencies are requested to provide the principal reason for the
recommendation, and to the extent possible, estimates of cost
savings associated with each recommendation. An explanation
should be provided in instances in which reports previously
included in the 1982 bill, but not enacted, are not included in
this year's list.
Material should be sent within 45 days of issuance of this
Bulletin to the Director, Office of Management and Budget,
c/o Office of Information and Regulatory Affairs, Room 3208,
yew Executive Office Building, Washington, D.C. 20503.
5. Notification and Inquiries. Upon receipt of this Bulletin,
please notify the Office of Information and Regulatory Affairs
(395-7316) to identify the officials in your agency who will be
responsible for this review. Inquiries concerning this Bulletin
may also be directed to this Office.
.j t4.
David A. Stockman
Attachment 1 - 1982 bill identifying those sections not
enacted as part of P.L. 97-375
Attachment 2 - Sample format for required material
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ATTACHMENT 1
9 7 Tit CONGRESS
2D SESSION
51.0
2258
To discontinue or amend certain requirements for agency reports to Congress.
Lei THE SEN ATE OF THE UNITED STATES
MARCH 23 (legislative day, FEBRUARY 22), 1982
Mr. DANFORTH (for himself, Mr. ROTH, Mr. CHILES, and Mr. EAGLETON) intro-
duced the following bill; which was read twice and referred to the Committee
on Governmental Affairs
A. BELL.
To discontinue or amend certain requirements for agency reports
to Congress.
1 Be it enacted by the Senate and House of Representa-
2 lives of the United States of America in Congress assembled,
3 That this Act be cited as the "Congressional Reports Elitni-
4 nation Act of 1982".
5 TITLE I-ELIIiLNATIONS
6 REPORTS BY MORE THAN ONE AGENCY
7 SEc. 101. (a) Section 3104(b) of title 5, United States
8 Code, is repealed.
9 (b) Section 4396 of the Revised Statutes (16 U.S.C.
10, 744; 24 Stat. 523) is. amended by striking out "lie shall
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a .
2
1 submit annually to Com-ress a detailed statement of expendi-
2 tures under all appropriations for `propagation of food
3 fishes.' ".
4 (c)(1) Section 616(b) of the Act of December 15, 1980,
5 entitled "An Act making appropriations for Agriculture,
6 Rural Development and Related Agencies programs for the
7 fiscal year ending September 30, 1981, and for other pur-
8 poses" (94 Stat. 3117) is repealed.
9 (2) Section 307(b) of the Supplemental Appropriations
10 and Rescission Act, 1980 (94 Stat. 928) is repealed.
11 (3) Section 309(c) of the Department of the Interior and
12 Related Agencies Appropriations for fiscal year 1981 (94
13 Stat. 2984) is repealed.
E,c 14 (4) Section 126(b) of the Military Construction Act of
15 1981 (94 Stat. 1869) is repealed.
16 (5) Section 323(c) of the Department of Transportation
17 and Related Agencies Appropriations Act, 1981 (94 Stat.
18 1.699) is repealed.
19 (d)(1) Section 309(b) of the Act of December 12, 1980
20 (Public Law 96-514) is repealed.
21 (2) Section 1.26(a) of the Act of October 13, 1980
22 (Public Law 96-436) is repealed.
23 (3) Section 323(b) of the Act of October 9, 19.80 (Public
24 Law 96-400) is repealed.
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SEC. 215. The National Science and Technology Policy, Organisa-
tion, and Priorities Act of 1976 (42 U.S.C. 6601, et seq.; Public Law
94-282) is amended as follows:
(1) section 209 is deleted; and
(2) in section 205(aX1I), strike out "section 209" and insert in
lieu thereof "section 206";
(3) section 206 is amended to read as follows:
Section-by-Section Analysis
Amends Hie N.itinnal "f iern?c' and Tt,?luioln-n? 1)nlil?Y Or_,,niratinn
aid Priorities .\ct of 197G to ron~o,lidatr the 'cience and Technology
Ht-port and tli,? Fiv(- Year OutInok Report..
flr,, con olidatl?d r,?I)nrt will i,e issued biennalk and is required to
be subtnittedl to the Conrremi.
Reason for Reccnmendation
These two reports are costly and often contain overlapping
and redundant information with annual turn-around times too
short to provide for any meaningful. and reflective changes.
The proposed merger of the two reports, to be issued not
less frequently than biennially, would cut costs by at least
one-half, eliminate duplication, and provide for a single
report on Federal and national matters related to science
and technology.
Costs for the two reports currently total approximately
$430,000 per year. Consolidation of the reports will save
approximately $250,000 per year.
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! i
98TH CONGRESS so
2D SESSION
3080
To discontinue or amend certain requirements for agency reports to Congress.
DT THE SENATE OF THE UNITED STATES
OCTOBER 5 (legislative day, SEPTEmBE$ 24), 1984
Mr. DANFORTH (for himself and Mr. ROTH) (by request) introduced the following
bill; which was read twice and referred to the Committee on Governmental
Affairs
A BILL
To discontinue or amend certain requirements for agency reports
to Congress.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act be cited as the "Congressional- Reports Elimi-
4 nation Act of 198/
5 TITLE I-EI1Thrn ATIONS
6 REPORTS BY MORE TILAN ONE AGENCY
? SEC. 101. (a) Section 218(a) of the Biomass Energy and
8 Alcohol Fuels Act of 1980 (42 U.S.C. 8818(a)) is repealed.
9 (b) Section 202 of Positions in Top Grades of Classifica-
10 tion Act of 1949 (5 U.S.C. 3104(c)) is amended by-
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1 (1) striking subsection (b);
(2) paragraphs (a)(1), (a)(2), and (a)(3) are redesig-
3 nated as subsections (a), (b), and (c) respectively; and
4 (3) references to former paragraph (1) of subsec-
5 tion (a) hereafter will be references to subsection (a).
6 (c) Section 26(e)(2) of the Toxic Substances Control Act
7 (15 U.S.C. 2625(e)(2)) is amended to read as follows:
8 "(A) Define the term `known financial interests'
9 for purposes of paragraph (1), and
10 "(B) Establish the methods by which the require-
11 ment to file written statements specified in paragraph
12 (1) will be monitored and enforced, including appropri-
13 ate provisions for review by the Administrator and the
14 Secretary of such statements.".
15 (d) Section 307(b) of the Supplemental Appropriations
16 and Rescission Act of 1980 (31 U.S.C. 28(b)) is repealed.
17 (e) Section 1113(e)(3) of title 31, United States Code,
18 "Money and Finance" (Public Law 97-258; 31 U.S.C.
19 1113(e)(3)) is repealed.
20 (f) Section 311(c) of title 37, United States Code, is re-
21 pealed.
22 (g) Section 203(o) of the Federal Property and Adminis-
23 trative Services Act of 1949 (40 U.S.C. 484(o)) is amended
24 in the first sentence by striking out "and the head of each
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