B-180224-OM, JAN 11, 1983

B-180224-OM: Jan 11, 1983

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AFMD: THIS WILL REFER TO THE REQUEST OF MR. DORE HAS INFORMED US THAT THE BONNEVILLE POWER ADMINISTRATION WAS UNAWARE OF PAPERWORK REDUCTION ACT REQUIREMENTS AND HAD NOT DESIGNATED ANY OFFICIAL TO CARRY OUT ITS RESPONSIBILITIES. 44 U.S.C. IF MORE THAN ONE OFFICIAL IS APPOINTED FOR THE MILITARY DEPARTMENTS THE RESPECTIVE DUTIES OF THE OFFICIALS SHALL BE CLEARLY DELINEATED.". THE BONNEVILLE POWER ADMINISTRATION WAS ORIGINALLY CREATED AS AN "OFFICE IN THE DEPARTMENT OF INTERIOR." 16 U.S.C. THE BONNEVILLE POWER ADMINISTRATION IS NOT AN "AGENCY" AS DEFINED BY 44 U.S.C. IS THE DEPARTMENT OF ENERGY. THE SECRETARY OF ENERGY IS REQUIRED TO DESIGNATE A SENIOR OFFICIAL OF THE DEPARTMENT OF ENERGY WHO REPORTS DIRECTLY TO HIM TO CARRY OUT THE PAPERWORK REDUCTION ACT RESPONSIBILITIES FOR THE ENTIRE DEPARTMENT AND ITS COMPONENT PARTS.

B-180224-OM, JAN 11, 1983

SUBJECT: PAPERWORK REDUCTION ACT REQUIREMENTS REGARDING BONNEVILLE POWER ADMINISTRATION "SENIOR OFFICIAL" B-180224-O.M.

DIRECTOR, AFMD:

THIS WILL REFER TO THE REQUEST OF MR. DAVID A. DORE OF YOUR STAFF FOR OUR ADVICE AS TO WHETHER THE PAPERWORK REDUCTION ACT OF 1980, PUB.L. NO. 96-511, 94 STAT. 2812, REQUIRES THE BONNEVILLE POWER ADMINISTRATION TO APPOINT A SENIOR OFFICIAL TO CARRY OUT THE ADMINISTRATION'S RESPONSIBILITIES UNDER THE ACT. MR. DORE HAS INFORMED US THAT THE BONNEVILLE POWER ADMINISTRATION WAS UNAWARE OF PAPERWORK REDUCTION ACT REQUIREMENTS AND HAD NOT DESIGNATED ANY OFFICIAL TO CARRY OUT ITS RESPONSIBILITIES.

44 U.S.C. SEC. 3506(B) (SUPP. IV 1980) STATES THAT:

"THE HEAD OF EACH AGENCY SHALL DESIGNATE *** A SENIOR OFFICIAL OR, IN THE CASE OF MILITARY DEPARTMENTS, AND THE OFFICE OF THE SECRETARY OF DEFENSE, OFFICIALS WHO REPORT DIRECTLY TO SUCH AGENCY HEAD TO CARRY OUT THE RESPONSIBILITIES OF THE AGENCY UNDER THIS CHAPTER. IF MORE THAN ONE OFFICIAL IS APPOINTED FOR THE MILITARY DEPARTMENTS THE RESPECTIVE DUTIES OF THE OFFICIALS SHALL BE CLEARLY DELINEATED."

THE BONNEVILLE POWER ADMINISTRATION WAS ORIGINALLY CREATED AS AN "OFFICE IN THE DEPARTMENT OF INTERIOR." 16 U.S.C. SEC. 832A (1976). THE DEPARTMENT OF ENERGY ORGANIZATION ACT, PUB.L. NO. 95-91, 91 STAT. 565 (1977), PRESERVED THE BONNEVILLE POWER ADMINISTRATION AS A SEPARATE AND DISTINCT ORGANIZATIONAL ENTITY BUT TRANSFERRED IT TO THE DEPARTMENT OF ENERGY WITH THE ADMINISTRATION TO BE HEADED BY AN ADMINISTRATOR APPOINTED BY THE SECRETARY OF ENERGY. AS SUCH, THE BONNEVILLE POWER ADMINISTRATION IS NOT AN "AGENCY" AS DEFINED BY 44 U.S.C. SEC. 3502(1) (SUPP. IV 1980) WHICH DEFINES "AGENCIES" AS " *** ANY EXECUTIVE DEPARTMENT, MILITARY DEPARTMENT, GOVERNMENT CORPORATION, GOVERNMENT CONTROLLED CORPORATION, OR OTHER ESTABLISHMENT IN THE EXECUTIVE BRANCH OF THE GOVERNMENT *** OR ANY INDEPENDENT REGULATORY AGENCY ***." THE "AGENCY" REFERRED TO IN SECTION 3506(B), SUPRA, IS THE DEPARTMENT OF ENERGY. THEREFORE, THE SECRETARY OF ENERGY IS REQUIRED TO DESIGNATE A SENIOR OFFICIAL OF THE DEPARTMENT OF ENERGY WHO REPORTS DIRECTLY TO HIM TO CARRY OUT THE PAPERWORK REDUCTION ACT RESPONSIBILITIES FOR THE ENTIRE DEPARTMENT AND ITS COMPONENT PARTS, INCLUDING THE BONNEVILLE POWER ADMINISTRATION. MR. DORE HAS INFORMED US THAT ENERGY'S SENIOR OFFICIAL, HAS NOT PROVIDED ANY GUIDANCE TO ITS COMPONENT PARTS, INCLUDING THE BONNEVILLE POWER ADMINISTRATION, AS TO THEIR RESPONSIBILITIES UNDER THE PAPERWORK REDUCTION ACT OR MADE ANY ORGANIZATIONAL RECOMMENDATIONS.

IT SHOULD BE NOTED THAT THE HOUSE REPORT ON THE PAPERWORK REDUCTION ACT INDICATES THAT COMPONENT PARTS OF AGENCIES ARE TO ACTIVELY PARTICIPATE IN THE FORMULATION OF RECORDKEEPING AND INFORMATION COLLECTION RESPONSIBILITIES AND THAT THEY OTHERWISE ARE TO ASSIST IN MEETING THE GOALS OF THE ACT. AS FINALLY ENACTED, HOWEVER, THE ACT ONLY REQUIRES THE DEFENSE DEPARTMENT AND ITS CONSTITUENT AGENCIES TO APPOINT SEPARATE OFFICIALS. SEE H.R.REP. NO. 835, 96TH CONG., 2D SESS. 7 (1980); 44 U.S.C. SEC. 3506(B) (SUPP. IV 1980). THE FOLLOWING LANGUAGE IN THE HOUSE REPORT, DISCUSSING THE DEPARTMENT OF DEFENSE, ALSO SERVES AS AN EXAMPLE OF HOW THE INFORMATION MANAGEMENT FUNCTION OF COMPONENT PARTS OF OTHER AGENCIES SHOULD BE ORGANIZED:

"THE APPROPRIATE STRUCTURE UNDER H.R. 6410 IS SOMEWHAT DIFFERENT IN THE CASE OF A GOVERNMENT DEPARTMENT HAVING CONSTITUENT AGENCIES, SUCH AS THE DEPARTMENT OF DEFENSE. THE COMMITTEE EXPECTS THAT EACH CONSTITUENT AGENCY WILL ESTABLISH A CENTRAL INFORMATION MANAGEMENT UNIT, SUBJECT TO THE REVIEW AND APPROVAL OF THE DEPARTMENT-LEVEL UNIT HEADED BY THE DESIGNATED SENIOR OFFICIAL. THE BASIC REASON FOR THIS ORGANIZATION IS THAT A DEPARTMENT HAS THE RESPONSIBILITY TO CONSIDER ITS MISSION IN A DEPARTMENT-WIDE SENSE, WHEREAS A CONSTITUENT AGENCY WILL GENERALLY CONSIDER ONLY ITS OWN MISSION. IN SOME CASES, AN INDIVIDUAL ACTION MAY RAISE A CONFLICT BETWEEN A CONSTITUENT AGENCY AND ITS DEPARTMENT. CONSISTENT WITH THE OBJECTIVES OF THIS LEGISLATION AND WITHIN STATUTORY LIMITS, THE CONSTITUENT AGENCY MUST CONFORM ITS NEEDS AND INTERESTS TO THOSE OF THE DEPARTMENT." H.R.REP. NO. 835, 96TH CONG., 2D SESS. 7 (1980).

WHILE OUR REPORTS CANNOT STATE THAT COMPONENT PARTS OF AGENCIES ARE REQUIRED TO HAVE INFORMATION MANAGEMENT OFFICIERS, THEY ARE NOT BARRED FROM RECOMMENDING THAT SUCH ORGANIZATION BE ADOPTED BY COMPONENT PARTS OF AGENCIES. AS NOTED, SUCH A CONCEPT WAS SUPPORTED BY THE HOUSE GOVERNMENT OPERATIONS COMMITTEE AND COULD BE ENDORSED BY GAO ON POLICY GROUNDS AS ENHANCING PAPERWORK CONTROL. SEVERAL REPORTS PREPARED UNDER THE DIRECTION OF DON SORANNO, RCED, PARTICULARLY ONE ON THE AGRICULTURE DEPARTMENT AND, MOST RECENTLY, ON THE FEDERAL AVIATION ADMINISTRATION, AND NUMEROUS GGD REPORTS HAVE SUPPORTED THIS CONCLUSION.