[Senate Report 107-90]
[From the U.S. Government Publishing Office]
Calendar No. 212
107th Congress Report
SENATE
1st Session 107-90
_______________________________________________________________________
TO PREVENT THE ELIMINATION OF CERTAIN REPORTS
__________
R E P O R T
of the
COMMITTEE ON GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 1042
TO PREVENT THE ELIMINATION OF CERTAIN REPORTS
October 31, 2001.--Ordered to be printed
__________
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COMMITTEE ON GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan FRED THOMPSON, Tennessee
DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska
RICHARD J. DURBIN, Illinois SUSAN M. COLLINS, Maine
ROBERT G. TORRICELLI, New Jersey GEORGE V. VOINOVICH, Ohio
MAX CLELAND, Georgia PETE V. DOMENICI, New Mexico
THOMAS R. CARPER, Delaware THAD COCHRAN, Mississippi
JEAN CARNAHAN, Missouri ROBERT F. BENNETT, Utah
MARK DAYTON, Minnesota JIM BUNNING, Kentucky
Joyce A. Rechtchaffen, Staff Director and Counsel
Michael L. Alexander, Professional Staff Member
Hannah S. Sistare, Minority Staff Director and Counsel
Robert J. Shea, Minority Counsel
Henry R. Wray, Minority Counsel
Darla D. Cassell, Chief Clerk
Calendar No. 212
107th Congress Report
SENATE
1st Session 107-90
======================================================================
AN ACT TO PREVENT THE ELIMINATION OF CERTAIN REPORTS
_______
October 31, 2001.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Governmental Affairs, submitted
the following
R E P O R T
[To accompany H.R. 1042]
The Committee on Governmental Affairs, to whom was referred
the bill (H.R. 1042) an act to prevent the elimination of
certain reports, having considered the same, reports the bill
favorably and recommends by voice vote with no nays that the
bill do pass.
CONTENTS
Page
I. Purpose and Summary...............................................1
II. Background and Need for Legislation...............................4
III.Legislative History...............................................5
IV. Evaluation of Regulatory Impact...................................5
V. CBO Cost Estimate.................................................5
VI. Changes to Existing Law...........................................6
I. Purpose and Summary
The purpose of this legislation is to prevent the
elimination of certain reports pursuant to requirements of the
Federal Reports Elimination Act of 1995. These reports are:
1. National Energy Policy Plan(s). (Section 801(b) and (c)
of the Department of Energy Organization Act (42 U.S.C. 7321(b)
and (c))
2. Strategy for federally supported research and
development for each critical technology designated by the
President. (Including those listed in a biennial report on
national critical technologies.) (Section 822(b) of the
National Defense Authorization Act for Fiscal Years 1992 and
1993 (42 U.S.C. 6687))
3. A comprehensive description of the activities and the
accomplishments of all agencies and departments of the United
States in the field of marine science during the preceding
fiscal year, and an evaluation of such activities and
accomplishments in terms of the objectives set forth pursuant
to this chapter. (Section 7(a) of the Marine Resources and
Engineering Development Act of 1966 (33 U.S.C. 1106(a))
4. A comprehensive description of the programed activities
and the accomplishments of all agencies of the United States in
the field of aeronautics and space activities during the
preceding calendar year. (Section 206 of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2476))
5. A comprehensive and detailed report of the
Communications Satellite Corporation's (COMSAT) operations,
activities, and accomplishments. (Section 404 of the
Communications Satellite Act of 1962 (47 U.S.C. 744))
6. A national Federal program plan for advanced materials
research and development. (Section 205(a)(1) of the National
Critical Materials Act of 1984 (30 U.S.C. 1804(a)(1))
7. The expansion, subdivision, or modification of the list
of categories within which awards may be made under the Malcolm
Baldridge National Quality Award Program. (Section 17(c)(2) of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3711a(c)(2))
8. A report identifying areas of research and research
techniques of the Institute of Standards and Technology of
potential importance to the long-term competitiveness of United
States industry, in which the Institute possesses special
competence, which could be used to assist United States
enterprises and United States industrial joint research and
development ventures. (Section 10(h) of the National Institute
of Standards and Technology Act (15 U.S.C. 278(h))
9. An annual report summarizing the operations of the
National Technical Information Service during the preceding
year, including financial details and staff levels broken down
by major activities. (Section 212(f)(3) of the National
Institute of Standards and Technology Authorization Act for
Fiscal Year 1989 (15 U.S.C. 3704b(f)(3))
10. A summary report to the President and the Congress on
the use by the agencies and the Secretary of the research and
development authorities (technology transfer) specified in the
Stevenson-Wydler Technology Innovation Act of 1980. (Section
11(g)(2) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710(g)(2))
11. A plan establishing the goals and priorities for the
National Climate Program. (Section 5(d)(9) of the National
Climate Program Act (15 U.S.C. 2904(d)(9))
12. A summary of the achievements of the National Climate
Program during the previous fiscal year and an analysis of the
progress made toward achieving the goals and objectives of the
Program. (Section 7 of the National Climate Program Act (15
U.S.C. 2906)).
13. A report on the status of the Weather Service
Modernization Program. (Section 703 of the Weather Service
Modernization Act (15 U.S.C. 313 note)
14. A report to Congress by the Great Lakes Research Office
on issues relating to the Great Lakes resources on which
research is needed. (Section 118(d)(2) of the Federal Water
Pollution Control Act (33 U.S.C. 1268(d)(2))
15. A report by FAA and NASA on technologies developed for
subsonic jet aircraft engines and airframes which would permit
a subsonic jet aircraft to operate at reduced noise levels.
(Section 304(d) of the Federal Aviation Administration
Research, Engineering, and Development Authorization Act of
1992 (49 U.S.C. 47508 note))
16. Reports of federally funded research centers describing
the purpose, mission, and general scope of effort of the
center. (Section 2367(c) of title 10, United States Code)
17. A report on the use of noncompetitive procedures in
procurements. (Section 303(c)(7) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(c)(7))
18. A report to the President and the Congress, through the
Chairman of the Council on Environmental Quality, on Federal
global change research priorities, policies, and programs.
(Section 102(e)(7) of the Global Change Research Act of 1990
(15 U.S.C. 2932(e)(7))
19. A report by programs under the National Earthquake
Hazards Reduction Program stating specific tasks and milestones
for each Program agency and a report describing the activities
and achievements of the National Earthquake Hazards Reduction
Program during the preceding two fiscal years. (Section
5(b)(1)(C) and (D) of the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7704(b)(1)(C) and (D))
20. A report on the transfer of funds by the Federal
Laboratory Consortium for Technology Transfer. (Section
11(e)(6) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710(e)(6))
21. A report of NASA's determination that it is necessary
in the public interest to use procedures other than competitive
procedures in the particular procurement concerned. (Section
2304(c)(7) of title 10, United States Code, but only to the
extent of its application to the National Aeronautics and Space
Administration)
22. A report by the National Science Board on indicators of
the state of science and engineering in the United States.
(Section 4(j)(1) of the National Science Foundation Act of 1950
(42 U.S.C. 1863(j)(1))
23. A report of the Committee on Equal Opportunities in
Science and Engineering on its activities during the previous
two years and proposed activities for the next two years.
(Section 36(e) of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885c(e))
24. Biennial report of the National Science Foundation on
the state of the national scientific and engineering workforce.
(Section 37 of the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1885d))
25. A report on the results of surveys conducted by the
National Science Foundation on the needs of universities, by
major field of science and engineering, for construction and
modernization of research laboratories, including fixed
equipment and major research equipment. (Section 108 of the
National Science Foundation Authorization Act for Fiscal Year
1986 (42 U.S.C. 1886))
26. A report to the Congress on the implementation of the
National High-Performance Computing Program. (Section 101(a)(3)
of the High-Performance Computing Act of 1991 (15 U.S.C.
5511(a)(3))
27. A report on the total amount of money for scientific
and engineering research, including money allocated for the
construction of the facilities wherein such research is
conducted, received by each educational institution and
appropriate nonprofit organization in the United States, by
grant, contract, or other arrangement from agencies of the
Federal Government and a report on information related to the
acquisition and disposition by the Foundation of any patents
and patent rights. (Section 3(a)(7) and (f) of the National
Science Foundation Act of 1950 (42 U.S.C. 1862(a)(7) and (f))
28. A report on the status of minorities, women, and
handicapped individuals and activities at the National Science
Foundation. (Section 7(a) of the National Science Foundation
Authorization Act, 1977 (42 U.S.C. 1873 note))
29. A report on all activities relating to fire prevention
and control. (Section 16 of theFederal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2215))
II. Background and Need for Legislation
In 1995, Congress enacted the Federal Reports Elimination
and Sunset Act of 1995 (P.L. 104-66). Introduced by Senators
McCain, Levin, Glenn, Roth and Cohen on May 11, 1995, and
enacted on December 21, 1995, the act eliminated or modified
approximately 200 reporting requirements imposed on federal
agencies in law and by Congress, and placed a four-year sunset
on many other reports. This four-year provision was included in
anticipation that, over time, Congress would identify reports
that warranted exemption from the sunset. The 1995 legislation
also required the President to identify in the next available
budget message additional Congressionally mandated reporting
requirements that could be and should be eliminated. The
legislation was designed to reduce paperwork burdens,
streamline information flows, and save taxpayer dollars used to
prepare reports that are no longer necessary. At the time it
was passed, the Congressional Budget Office estimated that the
bill would save at least $2 million annually. The bill put the
burden on the President and Congressional Committees to
determine which reports they believed were necessary and which
were not--and it gave them four years to do it.
The House Science Committee has since determined that 29
reports relevant to its oversight responsibilities, which would
be eliminated pursuant to the sunset provisions of Federal
Reports Elimination and Sunset Act of 1995, are still
necessary. H.R. 1042 addresses the problem by exempting these
and other reports from Pub. L. 104-66. Less one report, H.R.
1042 is identical to H.R. 3904 which passed the House under
suspension by voice vote in the 106th Congress. However, the
Senate adjourned before the legislation could be cleared for
passage.
The Governmental Affairs Committee accepts the
determination of the House Science Committee that the reports
specified in H.R. 1042 would continue to provide constructive
evaluation tools for those committees in the Senate and the
House with direct oversight responsibility. When H.R. 1042 was
debated on the House floor, concern was expressed that the
Federal Reports Elimination and Sunset Act was excessive and
that H.R. 1042 was necessary to correct an error. However,
measures such as H.R. 1042 are exactly what was envisioned by
the Federal Reports Elimination and Sunset Act. H.R. 1042 is
substantially similar to measures passed by this committee and
others to retain reporting requirements that they believe
necessary to their oversight responsibilities.
III. Legislative History
H.R. 1042 was introduced in the House of Representatives by
Rep. Felix Grucci on March 15, 2001 and referred to the House
Committee on Science. On March 21, 2001, the House passed the
legislation under suspension of the rules with 414 Members
voting in favor and 2 Members voting against. On March 22,
2001, the legislation was referred in the Senate to the
Committee on Governmental Affairs. On August 2, 2001, the
Committee on Governmental Affairs adopted H.R. 1042 unanimously
by voice vote and ordered the bill to be reported without
amendment.
IV. Evaluation of Regulatory Impact
Paragraph 11(b)(1) of the Standing rules of the Senate
requires that each report accompanying a bill evaluate the
``regulatory impact which would be incurred in carrying out
this bill.'' The Committee has determined that the enactment of
this legislation will not have significant regulatory impact.
V. CBO Cost Estimate
Hon. Joseph I. Lieberman,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1042, an act to
prevent the elimination of certain reports. If you wish further
details on this estimate, we will be pleased to provide them.
The CBO staff contact is Julie Middleton.
Sincerely,
Dan L. Crippen, Director.
H.R. 1042--An act to prevent the elimination of certain reports
H.R. 1042 would reinstate the requirement for federal
agencies to prepare certain reports. Subject to the
availability of appropriated funds, CBO estimates that
implementing this bill would cost about $3 million in 2002 and
an average of $1 million annually thereafter. Because the
legislation would not affect direct spending or receipts, pay-
as-you-go procedures would not apply. H.R. 1042 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no impact on the
budgets of state, local, or tribal governments.
The Federal Reports Elimination and Sunset Act of 1995
(Public Law 104-66) terminated many periodic reports that
federal agencies were required to submit to the Congress,
effective May 15, 2000. This bill would restore the statutory
requirements for 29 specific reports. According to the affected
agencies, most of the reports are still being prepared in
response to other statutory or administrative directives. At
least two major reports have been terminated however: the
National Energy Plan (prepared by the Department of Energy),
and the Great Lakes Research report (prepared by the Department
of Commerce). Based on information from the Energy Department,
CBO estimates preparing the energy plan would cost an average
of $2 million every two years. CBO estimates that the
Department of Commerce would spend about $1 million in 2002 to
develop the information required for the initial Great Lakes
research plan. Annual costs would decline in future years as
the report becomes routine. The cost of preparing other reports
affected by this legislation is not expected to be significant.
Estimate prepared by: Julie Middleton.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
VI. Changes to Existing Law
H.R. 1042 does not repeal or amend an existing statute. It
does, however, exempt from the scope of Section 3003(a)(1) of
the Federal Reports Elimination and Sunset Act of 1995 (31
U.S.C. 1113 note) 29 reports that are listed in H.R. 1042.