I

103D CONGRESS

1ST SESSION H. R. 1091

To establish the Commission on Information Technology and Paperwork

Reduction.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1993

Mr. CLINGER (for himself, Mr. FAWELL, and Mr. ZIMMER) introduced the

following bill; which was referred to the Committee on Government Operations

A BILL

To establish the Commission on Information Technology and

Paperwork Reduction.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—The Congress finds the following:

5 (1) Federal information reporting requirements

6 continue to place an unprecedented paperwork bur7 den upon private citizens, recipients of Federal as8 sistance, businesses, government contractors and

9 grantees, and State and local governments.
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1 (2) A renewed effort is required to assure that

2 the policy stated in subsection (b) is fully imple3 mented.

4 (3) It is necessary to reexamine the policies and

5 procedures of the Federal Government which have

6 an impact on the paperwork burden, for the purpose

7 of ascertaining what changes are necessary and de8 sirable in its information policies and practices so as

9 to eliminate unnecessary paperwork burdens and en10 sure that the Federal Government collects and main11 tains all information needed to set policy, implement

12 laws, and operate programs.

13 (b) PURPOSE.—It is the policy of the Federal Govern14 ment to minimize the information reporting burden, con15 sistent with agency missions and the needs for information

16 to set policy, implement laws, and operate programs.

17 SEC. 2. ESTABLISHMENT.

18 To accomplish the purpose set forth in section 1(b),

19 there is hereby established the Commission on Information

20 Technology and Paperwork Reduction (hereinafter in this

21 Act referred to as the ‘‘Commission’’).

22 SEC. 3. FUNCTIONS.

23 (a) REVIEW OF FORMER COMMISSION.—The Com24 mission shall study and review the principal findings and

25 recommendations of the Commission on Paperwork estab-
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1 lished by the Act of December 27, 1974 (Public Law 93–

2 556) to determine which of those recommendations have

3 been implemented and why any other of those rec4 ommendations have not been implemented.

5 (b) INVESTIGATE FEDERAL INFORMATION LAWS,

6 ETC.—The Commission shall study and investigate stat7 utes, policies, rules, regulations, procedures, and practices

8 of the Federal Government relating to information gather9 ing and processing, and the management and control of

10 these information activities. The Commission shall con11 sider—

12 (1) the nature and extent of current Federal

13 collections of information from other public and pri14 vate profit and not-for-profit entities;

15 (2) the effect of existing statutes on the infor16 mation requirements of the Federal Government and

17 authorities of existing Federal agencies to collect in18 formation on a timely basis;

19 (3) the nature and extent of management and

20 control over the determination of Federal informa21 tion needs and the choice of information gathering

22 and processing methods;

23 (4) the nature and extent to which Federal

24 agencies cooperate with State and local governments
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1 and private entities in collecting and processing in2 formation;

3 (5) the procedures used and the extent to which

4 considerations of economy and efficiency impact

5 Federal information activities, particularly as these

6 matters relate to costs burdening the Federal Gov7 ernment and providers of information;

8 (6) the nature and extent of advances in infor9 mation technology and its use in minimizing burden

10 and maximizing utility in the collection, processing,

11 and maintenance of information by the Government;

12 (7) the nature and extent to which information

13 resources management responsibilities and the Presi14 dent’s responsibility to review agency paperwork

15 rulemaking should continue to be integrated in the

16 Executive Office of the President;

17 (8) the nature and extent to which the Paper18 work Reduction Act has been appropriately and ef19 fectively implemented by the Office of Management

20 and Budget; and

21 (9) such other matters as the Commission de22 termines affect Federal information resources man23 agement.

24 (c) ASCERTAIN CHANGES.—The Commission shall

25 ascertain and describe what changes are possible and de-
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1 sirable in existing statutes, policies, rules, regulations,

2 procedures, and practices relating to Federal information

3 activities in order to—

4 (1) assure that necessary information is made

5 available to Federal officials and those acting on be6 half of Federal officials;

7 (2) minimize the burden imposed by Federal re8 porting requirements on private citizens, recipients

9 of Federal assistance, businesses, government con10 tractors and grantees, and State and local govern11 ments;

12 (3) provide that information held by the Fed13 eral Government is processed and maintained to

14 maximize its usefulness to all Federal agencies and

15 the public;

16 (4) reduce the duplication of information col17 lected by the Federal Government and by State and

18 local governments and other collectors of informa19 tion; and

20 (5) reduce the costs of Federal paperwork.

21 (d) FINAL REPORT.—The Commission shall submit

22 a final report to the Congress and the President within

23 2 years after the date of the first meeting of the Commis24 sion. The final report shall contain a review of its findings

25 and its recommendations for changes in statutes, policies,
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1 rules, regulations, procedures, and practices. The Commis2 sion may make such interim reports and recommendations

3 as it deems advisable.

4 (e) ACTION BY OMB.—

5 (1) IN GENERAL.—Upon submission of the

6 Commission’s final report, the Director of the Office

7 of Management and Budget, in coordination with

8 the executive agencies, shall take action to—

9 (A) formulate the views of the executive

10 agencies on the recommendations of the Com11 mission;

12 (B) to the extent practicable within the

13 limits of their authority and resources, carry

14 out recommendations of the Commission in

15 which the executive agencies concur; and

16 (C) propose legislation needed to carry out

17 or to provide authority to carry out other rec18 ommendations of the Commission in which the

19 executive agencies concur.

20 (2) REPORTS.—At least once every 6 months,

21 the Director of the Office of Management and Budg22 et shall report to the Congress and the President on

23 the status of action taken or to be taken as provided

24 in this subsection. The Director shall submit a final

25 report to the Congress and the President not later
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1 than 1 year following the submission of the Commis2 sion’s final report under subsection (d).

3 SEC. 4. MEMBERSHIP.

4 The Commission shall be composed of 15 members,

5 as follows:

6 (1) 2 Members of the Senate, who shall not be

7 members of the same political party, appointed by

8 the President of the Senate.

9 (2) 2 Members of the House of Representatives,

10 who shall not be members of the same political

11 party, appointed by the Speaker of the House of

12 Representatives.

13 (3) The Comptroller General of the United

14 States.

15 (4) The Director of the Office of Management

16 and Budget and 2 other officials or employees of the

17 executive branch of the Federal Government ap18 pointed by the President.

19 (5) 2 members appointed by the President from

20 among officials of State and local governments, who

21 shall not be members of the same political party.

22 (6) 5 members appointed by the President from

23 among persons in the private sector representing

24 such interests as small business, labor, health care,

25 education, environment, Federal Government pro-
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1 curement, and information technology, no more than

2 3 of whom shall be of the same political party.

3 SEC. 5. COMPENSATION.

4 (a) IN GENERAL.—Except as provided in subsection

5 (b), members of the Commission shall each receive as com6 pensation the daily equivalent of the annual rate of basic

7 pay in effect for level 4 of the Executive Schedule for each

8 day (including travel time) during which they are engaged

9 in the actual performance of duties vested in the Commis10 sion.

11 (b) FEDERAL OFFICIALS.—Members of the Commis12 sion who are Members of Congress or who are full-time

13 officers or employees of the United States shall receive no

14 additional compensation for their service on the Commis15 sion.

16 (c) TRAVEL EXPENSE.—While away from their

17 homes or regular places of business in the performance

18 of service for the Commission, members of the Commis19 sion shall be allowed travel expenses, including per diem

20 in lieu of subsistence, in the same manner as a person

21 employed intermittently in the Government service is al22 lowed such expenses under section 5703 of title 5, United

23 States Code.
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1 SEC. 6. POWERS.

2 (a) MEETINGS.—The Commission, or at its direction,

3 any subcommittee or member thereof, may, for the pur4 pose of carrying out the provisions of this Act, hold such

5 hearings, sit and act at such times and places, take such

6 testimony, receive such evidence and administer such

7 oaths, as the Commission or such subcommittee or mem8 ber may consider advisable. Such attendance of witnesses

9 and the production of such evidence may be required from

10 any place within the United States at any designated place

11 of hearing within the United States. Any member of the

12 Commission may administer oaths or affirmations to wit13 nesses appearing before the Commission or before such

14 subcommittee or member.

15 (b) PERSONNEL.—Members of the Commission shall

16 elect a Chairman and Vice-Chairman from among its

17 members. The Commission shall appoint an Executive Di18 rector who shall receive as compensation the equivalent

19 of the basic pay in effect for Level 5 of the Executive

20 Schedule. The Commission may appoint and fix the com21 pensation of such other personnel as it deems advisable

22 without regard to the provisions of title 5, United States

23 Code, governing appointments in the competitive service,

24 and such personnel may be paid without regard to the pro25 visions of chapter 51 and subchapter III of chapter 53

26 of such title relating to classification and General Schedule
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1 pay rates, at a rate not to exceed the rates provided in

2 section 5376 of title 5, United States Code. In addition,

3 the Commission may procure the services of experts and

4 consultants in accordance with section 3109 of title 5,

5 United States Code, at rates for individuals not to exceed

6 the daily equivalent of the annual rate of basic pay in sec7 tion 5376 of title 5, United States Code.

8 (c) CONTRACTS FOR STUDIES AND REPORTS.—The

9 Commission may, subject to the availability of appropria10 tions, negotiate and enter into contracts with private orga11 nizations and educational institutions to carry out such

12 studies and prepare such reports as the Commission deter13 mines are necessary in order to carry out its duties.

14 SEC. 7. COOPERATION WITH FEDERAL AGENCIES.

15 (a) FURNISHING INFORMATION.—Each department,

16 agency, and instrumentality of the Federal Government

17 shall furnish to the Commission, upon request made by

18 the Chairman, such data, reports, and other

19 nonconfidential information not otherwise prohibited by

20 law as the Commission considers necessary to carry out

21 its functions under this Act.

22 (b) SERVICES.—The head of each department or

23 agency of the Federal Government may, upon request

24 made by the Chairman or Vice Chairman of the Commis25 sion, provide to the Commission such services as the Com-
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1 mission requests on such basis, reimbursable or otherwise,

2 as may be agreed between the department or agency and

3 the Chairman or Vice Chairman of the Commission.

4 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated to carry out

6 this Act $8,000,000.

7 SEC. 9. TERMINATION.

8 The Commission shall cease to exist 120 days after

9 the submission of its final report under section 3.

10 SEC. 10. EFFECTIVE DATE.

11 This Act shall take effect on the date which is 45

12 days after the date of its enactment.

Æ