79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–555

TRANSPORTATION AND INFRASTRUCTURE REPORTS

RESTORATION ACT OF 2000

APRIL 3, 2000.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. SHUSTER, from the Committee on Transportation and

Infrastructure, submitted the following

REPORT

[To accompany H.R. 4052]

The Committee on Transportation and Infrastructure, to whom

was referred the bill (H.R. 4052) to preserve certain reporting requirements under the jurisdiction of the Committee on Transportation and Infrastructure of the House of Representatives, and for

other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

H.R. 4052 is a Committee-wide bill to restore reporting requirements that would be eliminated as part of the Federal Reports

Elimination and Sunshine Act of 1995, 31 U.S.C. 1113. Section

3003 of that Act eliminated thousands of reports that had been required by the Congress and were referenced in a Communication

from the Clerk of the House dated January 5, 1993. The 1995 Act

had provided for a sunset date of December 21, 1999. Section 236

of the Omnibus Appropriations Act for fiscal year 2000, P.L. 106–

113, passed last fall extended this deadline until May 15, 2000.

This bill provides that the 1995 Act does not apply to the reports

listed.

Section 3003 of the 1995 Act only applied to ‘‘annual, semi-annual, regular or periodic report’’ specified in the Clerk’s report.

This Committee has not included prospectuses for leases by the

General Services Administration or resolutions prepared pursuant

to section 11–b because it does not believe that they are annual,

semi-annual regular or periodic within the meaning of Section

3003. Attached is a letter from the General Services AdministraVerDate 20-MAR-2000 04:29 Apr 05, 2000 Jkt 079006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR555.XXX pfrm04 PsN: HR555
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tion in which they agree that these submissions are not covered by

Section 3003.

The Committee also does not believe that Section 3003 of the

1995 Act applies to budgetary submissions by the National Transportation Safety Board or the Federal Aviation Administration because they are budgetary submissions, and not reports.

COMMITTEE ACTION

On March 22, 2000, Chairman Shuster and Ranking Member

Oberstar introduced H.R. 4052, a bill to preserve certain reporting

requirements under the jurisidction of the Transportation and Infrastructure Committee of the House of Representatives, and for

other purposes.

On March 23, 2000 the Committee on Transportation and Infrastructure met to consider H.R. 4052 and for other purposes. Since

the bill included matters within the jurisdiction of all six subcommittees, it was not referred to any subcommittee. H.R. 4052

was unanimously ordered reported to the full House of Representatives without amendment by voice vote.

SECTION-BY-SECTION ANALYSIS OF H.R. 4052

SECTION 1. SHORT TITLE

This section contains the short title of the bill.

SECTION 2. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS

REGARDING WATER RESOURCES AND ENVIRONMENT

This section preserves reports that are in the jurisdiction of the

Subcommittee on Water Resources and Environment.

SECTION 3. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS

REGARDING SURFACE TRANSPORTATION

Subsection (a) preserves reports that are in the jurisdiction of the

Subcommittee on Ground Transportation regarding federal highway, transit, and highway safety programs.

Subsection (b) makes changes to reports regarding the implementation of the rail-highway grade crossing and hazard elimination

programs.

Subsection (c) changes the date for a report regarding mass

transportation programs.

SECTION 4. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS

REGARDING EMERGENCY MANAGEMENT

This section preserves reports that are in the jurisdiction of the

Subcommittee on Oversight, Investigations and Emergency Management.

SECTION 5. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS

RELATING TO ECONOMIC DEVELOPMENT

This section preserves reports that are in the jurisdiction of the

Subcommittee on Economic Development, Public Buildings, Hazardous Materials and Pipeline Transportation related to economic

development matters.

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SECTION 6. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS

RELATING TO THE COAST GUARD AND MARITIME TRANSPORTATION

This section preserves reports that are in the jurisdiction of the

Subcommittee on Coast Guard and Maritime Transportation.

SECTION 7. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS

RELATING TO RAILROADS

This section preserves reports that are in the jurisdiction of the

Subcommittee on Ground Transportation relating to railroads.

SECTION 8. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS

RELATING TO PUBLIC BUILDINGS

This section preserves reports that are in the jurisdiction of the

Subcommittee on Economic Development, Public Buildings, Hazardous Materials and Pipeline Transportation related to public

buildings matters.

SECTION 9. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS

RELATING TO AVIATION

This section preserves reports that are in the jurisdiction of the

Subcommittee on Aviation.

HEARINGS AND LEGISLATIVE HISTORY

No hearings were held on H.R. 4052. However, over the last

year, the Committee received comments and information from Federal agencies and other Congressional Committees regarding the

1995 Act and specific reporting requirements.

ROLLCALL VOTES

Clause 3(b) of rule XIII of the House of Representatives requires

each committee report to include the total number of votes cast for

and against on each roll call vote on a motion to report and on any

amendment offered to the measure or matter, and the names of

those members voting for and against. There were no rollcall votes

on H.R. 4052.

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report.

COMPLIANCE WITH HOUSE RULE XIII

1. With respect to the requirement of clause 3(c)(2) of rule XIII

of the Rules of the House of Representatives, and 308(a) of the

Congressional Budget Act of 1974, the Committee references the

Committee Cost Estimate, included below.

2. With respect to the requirement of clause 3(c)(4) of rule XIII

of the Rules of the House of Representatives, the Committee has

received no report of oversight findings and recommendations from

the Committee on Government Reform and Oversight on the subject of H.R. 4052.

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3. With respect to the requirement of clause 3(c)(3) of rule XIII

of the Rules of the House of Representatives and section 402 of the

Congressional Budget Act of 1974, the Committee has not yet received a cost estimate for H.R. 4052 from the Director of the Congressional Budget Office.

COMMITTEE COST ESTIMATE

This bill does not authorize or make available any new budget

authority, nor does it cause any increase or decrease in revenues

or tax expenditures. It simply prevents existing reporting requirements under the jurisdiction of the Committee on Transportation

and Infrastructure from expiring. These reporting requirements are

currently being carried out. The cost of continuing these reporting

requirements is not expected to be significant.

The Committee will file a supplemental report containing a cost

estimate prepared by the Congressional Budget Office pursuant to

section 402 of the Congressional Budget Act when it becomes available.

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House

of Representatives, committee reports on a bill or joint resolution

of a public character shall include a statement citing the specific

powers granted to the Congress in the Constitution to enact the

measure. The Committee on Transportation and Infrastructure

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution.

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office

pursuant to section 423 of the Unfunded Mandates Reform Act.

(Public Law 104–4.)

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the

Federal Advisory Committee Act were created by this legislation.

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the

terms and conditions of employment or access to public services or

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. (Public Law 104–1.)

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic,

existing law in which no change is proposed is shown in roman):

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TITLE 23, UNITED STATES CODE

* * * * * * *

CHAPTER 1—FEDERAL-AID HIGHWAYS

* * * * * * *

SUBCHAPTER I—GENERAL PROVISIONS

* * * * * * *

§ 130. Railway-highway crossings

(a) * * *

* * * * * * *

ø(g) ANNUAL REPORT.—Each State shall report to the Secretary

not later than December 30 of each year on the progress being

made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements.

Each State report shall contain an assessment of the costs of the

various treatments employed and subsequent accident experience

at improved locations. The Secretary shall submit a report to the

Committee on Environment and Public Works of the Senate and

the Committee on Transportation and Infrastructure of the House

of Representatives not later than April 1 of each year, on the

progress being made by the State in implementing projects to improve railway-highway crossings. The report shall include, but not

be limited to, the number of projects undertaken, their distribution

by cost range, road system, nature of treatment, and subsequent

accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate each State program,

identify any State found not to be in compliance with the schedule

of improvements required by subsection (d) and include recommendations for future implementation of the railroad highway

crossings program.¿

(g) ANNUAL REPORTS.—

(1) STATE REPORTS.—Each State shall report to the Secretary

not later than December 30 of each year on the progress being

made to implement the railway-highway crossings program authorized by this section and to implement safety improvement

projects for hazard elimination authorized by section 152 and

the effectiveness of such improvements. Each State report shall

contain an assessment of the cost of, and safety benefits derived

from, the various means and methods used to mitigate or eliminate hazards and to improve railway-highway crossings and

the previous and subsequent accident experience at improved locations.

(2) SECRETARY’S REPORTS.—The Secretary shall submit a report to the Committee on Environment and Public Works of the

Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April 1 of

each year, on the progress being made by the States in implementing projects to improve railway-highway crossings and in

implementing the hazard elimination program (including any

projects for pavement marking). The report shall include, but

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not be limited to, the number of projects undertaken, their distribution by cost range, road system, nature of treatment, means

and methods used, and the previous and subsequent accident

experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate each State program, identify

any State found not to be in compliance with the schedule of

improvements required by subsection (d) and section 152(a),

and include recommendations for future implementation of the

railroad highway crossings and hazard elimination programs.

* * * * * * *

§ 152. Hazard elimination program

(a) * * *

* * * * * * *

ø(g) Each State shall report to the Secretary of Transportation

not later than December 30 of each year, on the progress being

made to implement safety improvement projects for hazard elimination and the effectiveness of such improvements. Each State report shall contain an assessment of the cost of, and safety benefits

derived from, the various means and methods used to mitigate or

eliminate hazards and the previous and subsequent accident experience at these locations. The Secretary of Transportation shall

submit a report to the Committee on Environment and Public

Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April

1 of each year on the progress being made by the States in implementing the hazard elimination program (including but not limited

to any projects for pavement marking). The report shall include,

but not be limited to, the number of projects undertaken, their distribution by cost range, road system, means and methods used, and

the previous and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate

each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a)

and include recommendations for future implementation of the hazard elimination program.¿

ø(h)¿ (g) For the purposes of this section the term ‘‘State’’ shall

have the meaning given it in section 401 of this title.

* * * * * * *

SECTION 308 OF TITLE 49, UNITED STATES CODE

§ 308. Reports

(a) * * *

* * * * * * *

(e)(1) The Secretary shall submit to Congress øin March 1998,

and in March of each even-numbered year thereafter,¿, together

with each infrastructure investment needs report made under section 502(g) of title 23, a report of estimates by the Secretary on the

current performance and condition of public mass transportation

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systems with recommendations for necessary administrative or legislative changes.

(2) In reporting to Congress under this subsection, the Secretary

shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future

needs for those facilities and estimate future capital requirements

and operation and maintenance requirements for one-year, 5-year,

and 10-year periods at specified levels of service.

COMMITTEE CORRESPONDENCE

GENERAL SERVICES ADMINISTRATION, Washington, DC, October 18, 1999.

Hon. BOB FRANKS,

Chairman, Subcommittee on Public Buildings, Economic Development, Hazardous Materials, and Pipeline Transportation, Committee on Transportation, House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: This letter is a follow-up to a conversation

between our staffs regarding the ‘‘Federal Reports Elimination and

Sunset Act of 1995.’’ This Act references a number of reports included in a list prepared by the Clerk of the House of Representatives (House Document 103–7), two of those being prospectuses and

Building Project Surveys (11(b) reports). When this Act takes effect

in December 1999, these two reports, along with a number of other

reports listed in the House Document, will no longer be statutorily

required.

I want to assure you that we fully intend to follow the process

established by the Public Buildings Act of 1959, as amended. We

will continue to submit both prospectuses as part of our annual

Capital Investment and Leasing Program for authorization by Congress and 11(b) reports as directed by committee resolution.

Should you have any questions, or need additional information

that might assist in a legislative technical correction, please contact Mr. Paul Chistolini, Deputy Commissioner, at (202) 501–1100.

Sincerely,

ROBERT A. PECK, Commissioner.

COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE,

HOUSE OF REPRESENTATIVES,

Washington, DC, April 3, 2000.

Hon. DON YOUNG,

Chairman, Committee on Resources,

Washington, DC.

DEAR MR. CHAIRMAN: This week the house will consider H.R.

4052, the Transportation and Infrastructure Reports Restoration

Act of 2000. This bill will restore various reports to the Congress

that were eliminated or grandfathered under the Federal Reports

Elimination and Sunshine Act of 1995. While H.R. 4052 primarily

contains provisions related to reports solely in the jurisdiction of

the Committee on Transportation and Infrastructure, I recognize

that Section 2 restores several reports which invoke the jurisdiction

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of the Committee on Resources under Rule X of the Rules of the

House of Representatives.

I agree that allowing this bill to go forward in no way impairs

upon your jurisdiction over these provisions, and I would be

pleased to place this letter and any response you may have in the

Congressional Record during our deliberations on this bill. In addition, if a conference is necessary on this bill, I would support any

request to have the Committee on Resources be represented on the

conference with respect to the matters in question.

I look forward to passing this bill on the floor soon and thank

you for your assistance.

Sincerely,

BUD SHUSTER, Chairman.

HOUSE OF REPRESENTATIVES,

COMMITTEE ON RESOURCES,

Washington, DC, April 3, 2000.

Hon. BUD SHUSTER,

Chairman, Committee on Transportation and Infrastructure, Rayburn HOB, Washington, DC.

DEAR MR. CHAIRMAN: Thank you for your letter regarding H.R.

4052, the Transportation and Infrastructure Reports Restoration

Act of 2000. I appreciate your recognition of the Committee on Resources’ jurisdictional interest in several of the reports restored in

Section 2 of the bill, and I have no objection to you scheduling the

bill for consideration by the House of Representatives as soon as

possible.

Thank you again for your cooperation and that of your staff. I

look forward to working with you again on issues of mutual interest to our committees.

Sincerely,

DON YOUNG, Chairman.

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