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99–010

" ! SENATE 107th Congress

1st Session

REPORT

2001

107–90

Calendar No. 212

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

(II)

COMMITTEE ON GOVERNMENTAL AFFAIRS

JOSEPH I. LIEBERMAN, Connecticut, Chairman

CARL LEVIN, Michigan

DANIEL K. AKAKA, Hawaii

RICHARD J. DURBIN, Illinois

ROBERT G. TORRICELLI, New Jersey

MAX CLELAND, Georgia

THOMAS R. CARPER, Delaware

JEAN CARNAHAN, Missouri

MARK DAYTON, Minnesota

FRED THOMPSON, Tennessee

TED STEVENS, Alaska

SUSAN M. COLLINS, Maine

GEORGE V. VOINOVICH, Ohio

PETE V. DOMENICI, New Mexico

THAD COCHRAN, Mississippi

ROBERT F. BENNETT, Utah

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

99–010

Calendar No. 212

107TH CONGRESS REPORT

1st Session " ! SENATE 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

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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 StevensonWydler 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

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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))

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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 the Federal 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

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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 adminisVerDate 11-MAY-2000 06:56 Nov 01, 2001 Jkt 099010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR090.XXX pfrm04 PsN: SR090
6

trative 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.

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