[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9580-S9582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JOHNSTON:
  S. 2033. A bill to repeal requirements for unnecessary or obsolete 
reports from the Department of Energy, and for other purposes; to the 
Committee on Energy and Natural Resources.


        the doe reports elimination and streamlining act of 1996

  Mr. JOHNSTON. Mr. President, today I am introducing the DOE Reports 
Elimination and Streamlining Act of 1996, to implement a number of 
recommendations that have been received from the administration for the 
repeal of requirements for unnecessary or obsolete reports to Congress 
from the Department of Energy. A number of my colleagues, particularly 
Senators Levin, McCain, and Cohen, have devoted considerable effort 
over the past few years to relieving executive branch agencies from the 
unnecessary burden of reporting requirements that have outlived their 
usefulness. It has been a difficult task, and these colleagues and 
their staff deserve our thanks for what they have been able to 
accomplish in terms of crafting a long-term solution to the problem. I 
believe that it remains incumbent, though, on authorizing committees to 
review statutory reports required of agencies within their jurisdiction 
and to act to modify or repeal such requirements, where needed. That is 
what the present bill does. This bill also repeals legislative 
authorization for two now-defunct offices in the Department of Energy.
  Mr. President, I would now like to briefly describe the rationale 
behind the specific provisions of the bill. Section 1 is the short 
title. Section 2 is composed of 12 subsections relating to reports and 
one subsection relating to two obsolete offices in the Department.
  Subsection (a) eliminates the need for ongoing reports on the topics 
of process-oriented industrial energy efficiency and industrial 
insulation and audit guidelines. The DOE Office of Industrial 
Technology has worked with seven process-oriented industries to develop 
industry visions, which include identification of technology needs for 
industrial energy efficiency and technology barriers. The resulting 
individual technology road maps, with their associated implementation 
plans, make these ongoing reports redundant.
  Subsection (b) repeals a requirement for a study and report on 
vibration reduction technologies. Vibration reduction is only tenuously 
related to energy conservation. It is not a prime DOE mission, and work 
in this area has not been funded by any appropriations bill. Given the 
many constraints on the DOE energy conservation budget, initiating work 
in this area is a low priority.
  Subsection (c) repeals a requirement for a study to determine the 
means by which electric utilities may invest in, own, lease, service, 
or recharge batteries used to power electric vehicles. The electric 
utility companies have been working cooperatively with the automobile 
manufacturers, component industry, and standards setting organizations 
for several years to determine the infrastructure requirements 
necessary for recharging and servicing electric vehicle batteries. 
Another

[[Page S9581]]

study would not add meaningful information to the body of knowledge 
that already exists.
  Subsection (d) eliminates biennial reports on the status of actions 
identified under the initial one-time reporting requirements of section 
1301 of the Energy Policy Act of 1992. Development of these 
technologies is not fast paced. Significant reportable change is not 
likely to occur in 2-year increments. In addition, the program has 
sustained a significant decrease in funding, and will likely receive 
less in the future. Under these circumstances it is appropriate to 
change this requirement to a one-time report, to be submitted upon 
completion of the entire project.
  Subsection (e) changes the frequency with which a comprehensive 5-
year program plan for electric motor vehicles must be updated. 
Currently, this comprehensive plan must be updated annually for a 
period of not less than 10 years after the date of enactment of the 
Energy Policy Act of 1992. The first plan was prepared and submitted to 
the Congress in March 1994. Because programs do not change 
significantly on an annual basis, and because the cost of preparing and 
approving new plans for congressional submittal is extensive, annual 
updates are not justified. Changing the frequency of updates to every 2 
years is a cost-savings measure.
  Subsection (f) strikes the requirement for biennial updates to a 5-
year program plan for a National Advanced Materials Initiative. This 
program plan was prepared and submitted to Congress as required, but 
the program was never funded. With no funding, there are no Department-
supported programs or projects, and, thus, no need to update the 
initial program plan.
  Subsection (g) eliminates a biennial report on the implementation of 
the Alaska SWAP Act. The purpose of the act was to take advantage of 
oil conservation opportunities by expanding the use of coal-fired 
plants and realizing economies of scale in several remote communities. 
These opportunities were not numerous and all have been taken advantage 
of for some time. No need exists for further reports.
  Subsection (h) repeals a report that triggered a legislative veto 
provision governing DOE shipments of special nuclear materials to 
foreign countries. This legislative veto was exercised by a concurrent 
resolution and thus would be unconstitutional under the Supreme Court's 
ruling in INS v. Chadha, 1983, 103 S. Ct. 2764, 462 U.S. 919. The 
report requirement and the related legislative veto should be repealed.
  Subsection (i) converts an annual report requirement in the 
Continental Scientific Drilling and Exploration Act to a periodic 
report. DOE's role in this multiagency program has become less 
prominent, and there is no longer a need for a separate DOE report.
  Subsection (j) converts a free-standing report requirement on steel 
and aluminum research and development activities into a requirement 
that such activities be described in the annual budget submission of 
the Department.
  Subsection (k) converts a free-standing report requirement on metal 
casting research and development activities into a requirement that 
such activities be described in the annual budget submission of the 
Department.
  Subsection (l) converts the National Energy Policy Plan from a 
biennial report to a quadrennial report. The timing called for this 
report in the DOE Act requires that a new Presidential Administration 
submit a National Energy Policy Plan less than 3 months after taking 
office. This is unrealistic. In recent years, an Assistant Secretary of 
Energy for Policy has often not even been confirmed by that point in 
time. The biennial requirement also does not make sense from the point 
of view of requiring any given administration to generate such a report 
twice during each term of office. It would be more sensible to make 
this requirement a quadrennial one, in which case each new 
administration would have two full years to conduct its analysis and 
policy development process. The resulting energy policy plan would be 
released in April of the third year of its term.
  Subsection (m) repeals the authorization for two offices that no 
longer exist in the Department of Energy.
  The Office of Subseabed Disposal Research was established in 1982 to 
conduct research on subseabed disposal of nuclear waste. Such disposal 
is not ever likely to occur, and no such research has ever been 
proposed by the Department or funded through appropriations acts.
  The Office of Alcohol Fuels was established by subtitle A of title II 
of the Energy Security Act (P.L. 96-294), and during the early 1980's 
it played a vital role in support of the emerging alcohol fuels 
industry. In 1985, the last of three loans made to subsidize the 
construction of grain-based ethanol plants was guaranteed by the 
Department of Energy, and on June 30, 1987, the Department's loan 
guarantee authority expired. Only one of the loan guarantee recipients, 
the New Energy Co. of Indiana, continues to produce alcohol fuels. 
Other than this plant, all other commercial ethanol plants in operation 
were built without government financial assistance. A statutory office 
within the DOE, headed by an Executive Level IV Presidential appointee, 
is no longer needed simply to manage one loan guarantee. Indeed, the 
functions of the Office of Alcohol Fuels have already been transferred 
within the Department to the Assistant Secretary for Energy Efficiency 
and Renewable Energy, and the Office itself has been closed. Under this 
proposed amendment to the Energy Security Act, which is essentially 
technical in nature, the DOE would continue to manage the New Energy 
Company loan guarantee until the loan is repaid.
  Mr. President, there is nothing controversial about this bill. It is 
simply good government. I look forward to receiving comments on the 
bill from the Department of Energy and to its speedy passage.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2033

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``DOE Reports Elimination and 
     Streamlining Act of 1996''.

     SEC. 2. REPEALS AND MODIFICATIONS.

       (a) Reports on Industrial Energy Efficiency Programs.--
       (1) Section 132(d) of the Energy Policy Act of 1992 (42 
     U.S.C. 6349(d)) is amended by striking ``and annually 
     thereafter,''.
       (2) Section 133(c) of the Energy Policy Act of 1992 (42 
     U.S.C. 6350(c)) is amended by striking ``and biennially 
     thereafter,''.
       (b) Study and Report on Vibration Reduction Technologies.--
     Section 173 of the Energy Policy Act of 1992 (42 U.S.C. 13451 
     note) is repealed.
       (c) Report on Potential Financial Investments by Electric 
     Utilities in Electric Batteries for Motor Vehicles.--Section 
     825 of the Energy Policy Act of 1992 (42 U.S.C. 13295) is 
     repealed.
       (d) Biennial Reports on Coal Research, Development, and 
     Demonstration Projects.--Section 1301(d) of the Energy Policy 
     Act of 1992 (42 U.S.C. 13331(d)) is amended by striking 
     ``every two years thereafter for a period of 6 years'' and 
     inserting ``not later than 6 years thereafter''.
       (e) Change of Updates to Five-Year Program Plan for 
     Electric Motor Vehicles to a Biennial Basis.--Section 
     2025(b)(4) of the Energy Policy Act of 1992 (42 
     U.S.C. 13435(b)(4)) is amended by striking ``Annual'' and 
     inserting ``Biennial''.
       (f) Biennial Update to National Advanced Materials 
     Initiative Five-Year Program Plan.--Section 2201(b) of the 
     Energy Policy Act of 1992 (42 U.S.C. 13501(b)) is amended by 
     striking the last sentence.
       (g) Biennial Report on Implantation of the Alaska SWAP 
     Act.--Section 6(a) of the Alaska Federal-Civilian Energy 
     Efficiency Swap Act of 1980 (40 U.S.C. 795d) is repealed.
       (h) Repeal of Unconstitutional Legislative Veto and Related 
     Report.--Section 54(a) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2074(a)) is amended--
       (1) by striking the colon at the end of the first proviso 
     and inserting a period; and
       (2) by striking the second, third, and fourth provisos.
       (i) Conversion of Annual Report on Scientific Drilling 
     Program to Periodic Joint Report.--Section 4(6) of the 
     Continental Scientific Drilling and Exploration Act (P.L. 
     100-441; 102 Stat. 1762) is amended to read as follows:
       ``(6) submitting to the Congress periodic joint reports on 
     significant accomplishments of, and plans for, the drilling 
     program.''
       (j) Incorporation of Annual Report on Steel and Aluminum 
     Research and Development Activities Into the President's 
     Budget.--Section 8 of the Steel and Aluminum Conservation and 
     Technology Competitiveness Act of 1988 (15 U.S.C. 5107) is 
     amended to read as follows:

     ``SEC. 8. REPORTS.

       ``As part of the annual budget submission of the President 
     under section 1105 of title 31, United States Code, the 
     Secretary shall provide to Congress a description of research

[[Page S9582]]

     and development activities to be carried out under this Act 
     during the fiscal year involved, together with such 
     legislative recommendations as the Secretary may consider 
     appropriate.''
       (k) Incorporation of Annual Report on Metal Casting 
     Research and Development Activities, Into the President's 
     Budget.--Section 10 of the DOE Metal Casting Competitiveness 
     Research Act of 1990 (15 U.S.C. 5309) is amended to read as 
     follows:

     ``SEC. 10. REPORTS.

       ``As part of the annual budget submission of the President 
     under section 1105 of title 31, United States Code, the 
     Secretary shall provide to Congress a description of research 
     and development activities to be carried out under this Act 
     during the fiscal year involved, together with such 
     legislative recommendations as the Secretary may consider 
     appropriate.''
       (l) Conversion of National Energy Policy Plan From Biennial 
     Report to Quadrennial Report.--Section 801(b) of the 
     Department of Energy Organization Act (42 U.S.C. 7321(b)) is 
     amended by striking ``biennially'' and inserting ``every 4 
     years''.
       (m) Repeal of Authorizations for DOE Offices No Longer in 
     Existence.--
       (1) Office of Subseabed Disposal Research.--Section 224 of 
     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10204 is 
     repealed.
       (2) Office of Alcohol Fuels.--(A) Subtitle A of title II of 
     the Energy Security Act (42 U.S.C. 8811 through 8821) is 
     repealed.
       (B) Any existing loan guarantee under section 214 of the 
     Energy Security Act shall remain in effect until the loan is 
     repaid; and the Department of Energy shall continue to 
     administer an existing loan guarantee under section 214 as if 
     subtitle A had not been repealed.
       (C) The table of contents for the Energy Security Act is 
     amended by striking the item relating to subtitle A of title 
     II and the matters relating to sections 211 through 221.
                                 ______