[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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