[Congressional Record Volume 146, Number 39 (Monday, April 3, 2000)]
[House]
[Pages H1640-H1642]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION AND INFRASTRUCTURE REPORTS RESTORATION ACT OF 2000
Mr. LaTOURETTE. Mr. Speaker, I move to suspend the rules and pass 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.
The Clerk read as follows:
H.R. 4052
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H1641]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation and
Infrastructure Reports Restoration Act of 2000''.
SEC. 2. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS
REGARDING WATER RESOURCES AND ENVIRONMENT.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to
any report required to be submitted under any of the
following provisions of law:
(1) Exemptions from water pollution control requirements
for executive agencies.--Section 313(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1323(a)).
(2) Health hazards of environmental pollution.--Section
501(d) of Public Law 91-515 (42 U.S.C. 4394(d)).
(3) Review of remedial actions at certain facilities to
ensure protection of human health and environment.--Section
121(c) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9621(c)).
(4) Desirability of adjusting oil pollution liability
limits.--Section 1004(d)(3) of the Oil Pollution Act of 1990
(33 U.S.C. 2704(d)(3)).
(5) Work of river basin commissions.--Section 204 of the
Water Resources Planning Act (42 U.S.C. 1962b-3(2)).
(6) Agency compliance with coastal barrier resources act.--
Section 7 of the Coastal Barrier Resources Act (16 U.S.C.
3506).
(7) Coastal Zone Management.--Section 316(a) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1462(a)).
(8) 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)).
(9) Environmental restoration costs for facilities subject
to base closure laws.--Section 2827(b) of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (105
Stat. 1551).
(10) Compliance with annex v of international convention
for prevention of pollution from ships.--Section 2201 of the
Marine Plastic Pollution Research and Control Act of 1987 (33
U.S.C. 1913).
(11) Coastal zone management fund.--Section 308(b)(3) of
the Coastal Zone Management Act of 1972 (16 U.S.C.
1456a(b)(3)).
(12) Results of environmental monitoring activities.--
Section 104B(j)(4)(B) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1414b(j)(4)(B)).
(13) ATSDR results on health assessments.--Section
104(i)(10) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9604(i)(10)).
(14) National estuary program activities.--Section
320(j)(2) of the Federal Water Pollution Control Act (33
U.S.C. 1330(j)(2)).
(15) Monitoring for coastal waters.--Section 112(m)(5) of
the Clean Air Act (42 U.S.C. 7412(m)(5)).
(16) Comprehensive conservation and management plan for
long island sound.--Section 119(c)(7) of the Federal Water
Pollution Control Act (33 U.S.C. 1269(c)(7)).
(17) Implementation of great lakes water quality agreement
of 1978.--Section 118(c)(10) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(c)(10)).
(18) Effects of pollution on nation's estuaries.--Section
104(n)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1254(n)(3)).
(19) National requirements and costs of water pollution
control.--Section 516 of the Federal Water Pollution Control
Act (33 U.S.C. 1375).
(20) Regulation of ocean dumping.--Section 112 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 1421).
(21) Estuarine monitoring program of organotin.--Section
7(a) of the Organotin Antifouling Paint Control Act of 1988
(33 U.S.C. 2406(a)).
(22) Progress of implementing cercla.--Section 301(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9651(h)).
(23) Status of water quality in united states lakes.--
Section 314(a)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1324(a)(3)).
(24) State reports on water quality of all navigable
waters.--Section 305(b) of the Federal Water Pollution
Control Act (33 U.S.C. 1315(b)).
(25) Lake water quality demonstration program.--Section
314(d)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1324(d)(3)).
(26) Financial statements and annual reports (tva).--
Section 9(a) of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831h(a)).
(27) Level b plan on all river basins.--Section 209(b) of
the Federal Water Pollution Control Act (33 U.S.C. 1289(b)).
(28) Reports on contracts entered into relating to
procurement from violators of water quality standards.--
Section 508(e) of the Federal Water Pollution Control Act (33
U.S.C. 1368(e)).
SEC. 3. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS
REGARDING SURFACE TRANSPORTATION.
(a) In General.--Section 3003(a)(1) of the Federal Reports
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does
not apply to any report required to be submitted under any of
the following provisions of law:
(1) Transportation statistics annual report.--Section
111(j) of title 49, United States Code.
(2) Current performance and condition of public mass
transportation systems.--Section 308(e) of title 49, United
States Code.
(3) State enforcement of vehicle weight limitations.--
Section 123(c) of the Federal-Aid Highway Act of 1978 (23
U.S.C. 141 note; 92 Stat. 2701).
(4) State progress in implementing highway hazard
elimination and highway-rail grade crossing programs.--
Section 130(g) of title 23, United States Code.
(b) State Progress in Implementing Highway Hazard
Elimination and Highway-Rail Grade Crossing Programs.--
(1) In general.--Section 130(g) of title 23, United States
Code, is amended to read as follows:
``(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 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.''.
(2) Conforming amendments.--Section 152 of title 23, United
States Code, is amended by striking subsection (g) and by
redesignating subsection (h) as subsection (g).
(c) Current Performance and Condition of Public Mass
Transportation Systems.--Section 308(e) of title 49, United
States Code, is amended by striking ``in March 1998, and in
March of each even numbered year thereafter,'' and inserting
``, together with each infrastructure investment needs report
made under section 502(g) of title 23,''.
SEC. 4. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS
REGARDING EMERGENCY MANAGEMENT.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to
any report required to be submitted under any of the
following provisions of law:
(1) Annual review of federal and state disaster
preparedness and relief programs.--Section 313 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5156).
(2) Amount of emergency assistance.--Section 503(b)(3) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5193(b)(3)).
SEC. 5. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS
RELATING TO THE COAST GUARD AND MARITIME
TRANSPORTATION.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to
any report required to be submitted under any of the
following provisions of law:
(1) Leasing of housing facilities near coast guard
installations.--Section 475(e) of title 14, United States
Code.
(2) Coast guard operations and expenditures.--Section 651
of title 14, United States Code.
(3) Summary of marine casualties reported during prior
fiscal year.--Section 6307(c) of title 46, United States
Code.
(4) User fee activities and amounts.--Section 664 of title
14, United States Code.
(5) Conditions of public ports of the united states.--
Section 308(c) of title 49, United States Code.
(6) Activities of federal maritime commission.--Section 208
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118).
(7) Activities of interagency coordinating committee on oil
pollution research.--Section 7001(e) of the Oil Pollution Act
of 1990 (33 U.S.C. 2761(e)).
SEC. 6. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS
RELATING TO ECONOMIC DEVELOPMENT.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to
any report required to be submitted under any of the
following provisions of law:
(1) Activities under public works and economic development
act of 1965.--Section 603 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3213).
(2) Activities under appalachian regional development act
of 1965.--Section
[[Page H1642]]
304 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App. 304).
SEC. 7. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS
RELATING TO RAILROADS.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to
any report required to be submitted under any of the
following provisions of law:
(1) National transportation safety board activities.--
Section 1117 of title 49, United States Code.
(2) NTSB legislative recommendations and budget
estimates.--Section 1113(c) of title 49, United States Code.
(3) NTSB recommendations and responses.--Section 1135(d) of
title 49, United States Code.
(4) Surface transportation board annual report.--Section
704 of title 49, United States Code.
(5) Surface transportation board budget and
appropriations.--Section 703(f) and (g) of title 49, United
States Code.
(6) National mediation board annual report.--Section 4 of
the Railway Labor Act (45 U.S.C. 154).
(7) Railroad retirement board annual report.--Section
7(b)(6) of the Railroad Retirement Act of 1974 (45 U.S.C.
231f(b)(6)).
(8) Railroad retirement account.--Section 22(a)(1) of the
Railroad Retirement Act of 1974 (45 U.S.C. 231u(a)(1)).
(9) Actuarial status of railroad retirement system.--
Section 502 of the Railroad Retirement Solvency Act of 1983
(45 U.S.C. 321f-1).
(10) Amtrak reports and audits.--Section 24315 of title 49,
United States Code.
SEC. 8. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS
RELATING TO PUBLIC BUILDINGS.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to
any report required to be submitted under any of the
following provisions of law:
(1) Conservation in federal facilities.--Section 403(a)(2)
of the Powerplant and Industrial Fuel Use Act of 1978 (42
U.S.C. 8373(a)(2)).
(2) Activities of architectural and transportation barriers
compliance board.--Section 7(b) of Public Law 90-480 (42
U.S.C. 4157(b)), commonly known as the ``Architectural
Barriers Act of 1968''.
SEC. 9. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS
RELATING TO AVIATION.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to
any report required to be submitted under any of the
following provisions of law:
(1) Transportation security.--Section 44938(a) of title 49,
United States Code.
(2) Screening of foreign air carrier and airport
security.--Section 44938(b) of title 49, United States Code.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. LaTourette) and the gentleman from Oregon (Mr. Blumenauer)
each will control 20 minutes.
The Chair recognizes the gentleman from Ohio (Mr. LaTourette).
Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 4052 would restore certain reporting requirements
for agencies under the jurisdiction of the Committee on Transportation
and Infrastructure that would otherwise be eliminated as part of the
Federal Reports Elimination and Sunset Act of 1995.
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 year 2000 extended this deadline until
May 15 of 2000.
While the Federal Reports Elimination and Sunset Act will reduce
unnecessary paperwork and reduce agency expenditure, it would also
inadvertently delete the requirement for certain reports that the
committee believes are necessary in executing its oversight
responsibilities.
H.R. 4052 corrects this by providing that the 1995 Act does not apply
to specified reports. This will affect a small percentage of the total
number of reporting requirements eliminated by the Federal Reports
Elimination and Sunset Act. The number of reports restored by this bill
is a paltry 61.
The bill does not address prospectuses or 11-b reports submitted to
the Committee by the General Services Administration under the Public
Buildings Act of 1959, since these reports do not fall under the
definition of reports to be eliminated. The Committee received
correspondence from the GSA stating that these reports will continue to
be submitted.
Mr. Speaker, I support this bill, I urge its adoption, and I reserve
the balance of my time.
Mr. BLUMENAUER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, as was mentioned by my colleague, the gentleman from
Ohio, H.R. 4052 is a bill to restore transportation reports that were
to automatically sunset on May 15 pursuant to the Federal Reports
Elimination and Sunset Act of 1995, as amended.
The Reports Sunset Act eliminated all annual or periodic reports
listed in the 1993 report of the Clerk of the House of Representatives.
Some of those reports, such as the President's annual budget, are
tremendously important and should not be eliminated.
The Committee on Transportation and Infrastructure, on a bipartisan
basis, reviewed the reports that fall within our committee's
jurisdiction and determined which bills are necessary to maintain. This
bill ensures that those important reports will not sunset.
These include a series of reports on such important items as water;
air pollution; the safety, condition, and performance of our Nation's
roads, highways, transit systems, bridges, and airports.
I strongly support the passage of H.R. 4052, and want to thank the
gentleman from Pennsylvania (Mr. Shuster), the ranking member, the
gentleman from Minnesota (Mr. Oberstar), and the Committee on
Transportation and Infrastructure for developing and passing this
bipartisan legislation.
I note in passing that this, as reflected by our colleague, the
gentleman from California (Mr. Farr), that there is in fact a better
way of doing this, to take the sunset provisions and have them
triggered by a proactive set of positive events, so that we are not in
a position of unilaterally sunseting provisions that really should not
be, but instead, having sort of performance indicators of why we want
things to disappear, and that they would do so automatically when it is
appropriate.
I look forward to pursuing this concept with our committee and staff
to see if there is not a way to avoid going through this process in the
future.
Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 4052.
This bill restores reports that ``sunset'' on May 15, 2000, pursuant to
the Federal Reports Elimination and Sunset Act of 1995, as amended. The
Reports Sunset Act eliminated all annual or periodic reports listed in
the 1993 Report of the Clerk of the House of Representatives. Some of
these reports, such as the President's annual budget, are tremendously
important and should not be eliminated.
The Transportation and Infrastructure Committee, on a bipartisan
basis, has reviewed the reports that fall within our Committee's
jurisdiction and determined which reports are necessary to maintain.
This bill ensures that those important reports will not sunset.
I thank Chairman Shuster and all of our Subcommittee Chairmen and
Ranking Members for working together to develop this bill. I urge all
Members to support H.R. 4052.
Mr. BLUMENAUER. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
Mr. LaTOURETTE. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Ohio (Mr. LaTourette) that the House suspend the rules
and pass the bill, H.R. 4052.
The question was taken; and (two-thirds having voted in favor
thereof), the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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