[House Report 106-555]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-555

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   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

                              R E P O R T

                        [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 Administration 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.

 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.
    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):

                     TITLE 23, UNITED STATES CODE

           *       *       *       *       *       *       *



                    CHAPTER 1--FEDERAL-AID HIGHWAYS

           *       *       *       *       *       *       *



                   SUBCHAPTER I--GENERAL PROVISIONS

           *       *       *       *       *       *       *



Sec. 130. Railway-highway crossings

  (a) * * *

           *       *       *       *       *       *       *

  [(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 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.

           *       *       *       *       *       *       *


Sec. 152. Hazard elimination program

  (a) * * *
          * * * * * * *
  [(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.]
  [(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

Sec. 308. Reports

  (a) * * *
          * * * * * * *
  (e)(1) The Secretary shall submit to Congress [in 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 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 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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