[Senate Report 107-90]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 212
107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-90
_______________________________________________________________________


             TO PREVENT THE ELIMINATION OF CERTAIN REPORTS

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               H.R. 1042

             TO PREVENT THE ELIMINATION OF CERTAIN REPORTS




                October 31, 2001.--Ordered to be printed

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
99-010                     WASHINGTON : 2001
______________________________________________________________________
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                   COMMITTEE ON GOVERNMENTAL AFFAIRS

               JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan                 FRED THOMPSON, Tennessee
DANIEL K. AKAKA, Hawaii              TED STEVENS, Alaska
RICHARD J. DURBIN, Illinois          SUSAN M. COLLINS, Maine
ROBERT G. TORRICELLI, New Jersey     GEORGE V. VOINOVICH, Ohio
MAX CLELAND, Georgia                 PETE V. DOMENICI, New Mexico
THOMAS R. CARPER, Delaware           THAD COCHRAN, Mississippi
JEAN CARNAHAN, Missouri              ROBERT F. BENNETT, Utah
MARK DAYTON, Minnesota               JIM BUNNING, Kentucky
           Joyce A. Rechtchaffen, Staff Director and Counsel
            Michael L. Alexander, Professional Staff Member
         Hannah S. Sistare, Minority Staff Director and Counsel
                    Robert J. Shea, Minority Counsel
                    Henry R. Wray, Minority Counsel
                     Darla D. Cassell, Chief Clerk
                                                       Calendar No. 212
107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-90

======================================================================



 
          AN ACT TO PREVENT THE ELIMINATION OF CERTAIN REPORTS

                                _______
                                

                October 31, 2001.--Ordered to be printed

                                _______
                                

 Mr. Lieberman, from the Committee on Governmental Affairs, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 1042]

    The Committee on Governmental Affairs, to whom was referred 
the bill (H.R. 1042) an act to prevent the elimination of 
certain reports, having considered the same, reports the bill 
favorably and recommends by voice vote with no nays that the 
bill do pass.

                                CONTENTS

                                                                   Page
 I. Purpose and Summary...............................................1
II. Background and Need for Legislation...............................4
III.Legislative History...............................................5

IV. Evaluation of Regulatory Impact...................................5
 V. CBO Cost Estimate.................................................5
VI. Changes to Existing Law...........................................6

                         I. Purpose and Summary

    The purpose of this legislation is to prevent the 
elimination of certain reports pursuant to requirements of the 
Federal Reports Elimination Act of 1995. These reports are:
    1. National Energy Policy Plan(s). (Section 801(b) and (c) 
of the Department of Energy Organization Act (42 U.S.C. 7321(b) 
and (c))
    2. Strategy for federally supported research and 
development for each critical technology designated by the 
President. (Including those listed in a biennial report on 
national critical technologies.) (Section 822(b) of the 
National Defense Authorization Act for Fiscal Years 1992 and 
1993 (42 U.S.C. 6687))
    3. A comprehensive description of the activities and the 
accomplishments of all agencies and departments of the United 
States in the field of marine science during the preceding 
fiscal year, and an evaluation of such activities and 
accomplishments in terms of the objectives set forth pursuant 
to this chapter. (Section 7(a) of the Marine Resources and 
Engineering Development Act of 1966 (33 U.S.C. 1106(a))
    4. A comprehensive description of the programed activities 
and the accomplishments of all agencies of the United States in 
the field of aeronautics and space activities during the 
preceding calendar year. (Section 206 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2476))
    5. A comprehensive and detailed report of the 
Communications Satellite Corporation's (COMSAT) operations, 
activities, and accomplishments. (Section 404 of the 
Communications Satellite Act of 1962 (47 U.S.C. 744))
    6. A national Federal program plan for advanced materials 
research and development. (Section 205(a)(1) of the National 
Critical Materials Act of 1984 (30 U.S.C. 1804(a)(1))
    7. The expansion, subdivision, or modification of the list 
of categories within which awards may be made under the Malcolm 
Baldridge National Quality Award Program. (Section 17(c)(2) of 
the Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3711a(c)(2))
    8. A report identifying areas of research and research 
techniques of the Institute of Standards and Technology of 
potential importance to the long-term competitiveness of United 
States industry, in which the Institute possesses special 
competence, which could be used to assist United States 
enterprises and United States industrial joint research and 
development ventures. (Section 10(h) of the National Institute 
of Standards and Technology Act (15 U.S.C. 278(h))
    9. An annual report summarizing the operations of the 
National Technical Information Service during the preceding 
year, including financial details and staff levels broken down 
by major activities. (Section 212(f)(3) of the National 
Institute of Standards and Technology Authorization Act for 
Fiscal Year 1989 (15 U.S.C. 3704b(f)(3))
    10. A summary report to the President and the Congress on 
the use by the agencies and the Secretary of the research and 
development authorities (technology transfer) specified in the 
Stevenson-Wydler Technology Innovation Act of 1980. (Section 
11(g)(2) of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3710(g)(2))
    11. A plan establishing the goals and priorities for the 
National Climate Program. (Section 5(d)(9) of the National 
Climate Program Act (15 U.S.C. 2904(d)(9))
    12. A summary of the achievements of the National Climate 
Program during the previous fiscal year and an analysis of the 
progress made toward achieving the goals and objectives of the 
Program. (Section 7 of the National Climate Program Act (15 
U.S.C. 2906)).
    13. A report on the status of the Weather Service 
Modernization Program. (Section 703 of the Weather Service 
Modernization Act (15 U.S.C. 313 note)
    14. A report to Congress by the Great Lakes Research Office 
on issues relating to the 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))
    15. A report by FAA and NASA on technologies developed for 
subsonic jet aircraft engines and airframes which would permit 
a subsonic jet aircraft to operate at reduced noise levels. 
(Section 304(d) of the Federal Aviation Administration 
Research, Engineering, and Development Authorization Act of 
1992 (49 U.S.C. 47508 note))
    16. Reports of federally funded research centers describing 
the purpose, mission, and general scope of effort of the 
center. (Section 2367(c) of title 10, United States Code)
    17. A report on the use of noncompetitive procedures in 
procurements. (Section 303(c)(7) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253(c)(7))
    18. A report to the President and the Congress, through the 
Chairman of the Council on Environmental Quality, on Federal 
global change research priorities, policies, and programs. 
(Section 102(e)(7) of the Global Change Research Act of 1990 
(15 U.S.C. 2932(e)(7))
    19. A report by programs under the National Earthquake 
Hazards Reduction Program stating specific tasks and milestones 
for each Program agency and a report describing the activities 
and achievements of the National Earthquake Hazards Reduction 
Program during the preceding two fiscal years. (Section 
5(b)(1)(C) and (D) of the Earthquake Hazards Reduction Act of 
1977 (42 U.S.C. 7704(b)(1)(C) and (D))
    20. A report on the transfer of funds by the Federal 
Laboratory Consortium for Technology Transfer. (Section 
11(e)(6) of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3710(e)(6))
    21. A report of NASA's determination that it is necessary 
in the public interest to use procedures other than competitive 
procedures in the particular procurement concerned. (Section 
2304(c)(7) of title 10, United States Code, but only to the 
extent of its application to the National Aeronautics and Space 
Administration)
    22. A report by the National Science Board on indicators of 
the state of science and engineering in the United States. 
(Section 4(j)(1) of the National Science Foundation Act of 1950 
(42 U.S.C. 1863(j)(1))
    23. A report of the Committee on Equal Opportunities in 
Science and Engineering on its activities during the previous 
two years and proposed activities for the next two years. 
(Section 36(e) of the Science and Engineering Equal 
Opportunities Act (42 U.S.C. 1885c(e))
    24. Biennial report of the National Science Foundation on 
the state of the national scientific and engineering workforce. 
(Section 37 of the Science and Engineering Equal Opportunities 
Act (42 U.S.C. 1885d))
    25. A report on the results of surveys conducted by the 
National Science Foundation on the needs of universities, by 
major field of science and engineering, for construction and 
modernization of research laboratories, including fixed 
equipment and major research equipment. (Section 108 of the 
National Science Foundation Authorization Act for Fiscal Year 
1986 (42 U.S.C. 1886))
    26. A report to the Congress on the implementation of the 
National High-Performance Computing Program. (Section 101(a)(3) 
of the High-Performance Computing Act of 1991 (15 U.S.C. 
5511(a)(3))
    27. A report on the total amount of money for scientific 
and engineering research, including money allocated for the 
construction of the facilities wherein such research is 
conducted, received by each educational institution and 
appropriate nonprofit organization in the United States, by 
grant, contract, or other arrangement from agencies of the 
Federal Government and a report on information related to the 
acquisition and disposition by the Foundation of any patents 
and patent rights. (Section 3(a)(7) and (f) of the National 
Science Foundation Act of 1950 (42 U.S.C. 1862(a)(7) and (f))
    28. A report on the status of minorities, women, and 
handicapped individuals and activities at the National Science 
Foundation. (Section 7(a) of the National Science Foundation 
Authorization Act, 1977 (42 U.S.C. 1873 note))
    29. A report on all activities relating to fire prevention 
and control. (Section 16 of theFederal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2215))

                II. Background and Need for Legislation

    In 1995, Congress enacted the Federal Reports Elimination 
and Sunset Act of 1995 (P.L. 104-66). Introduced by Senators 
McCain, Levin, Glenn, Roth and Cohen on May 11, 1995, and 
enacted on December 21, 1995, the act eliminated or modified 
approximately 200 reporting requirements imposed on federal 
agencies in law and by Congress, and placed a four-year sunset 
on many other reports. This four-year provision was included in 
anticipation that, over time, Congress would identify reports 
that warranted exemption from the sunset. The 1995 legislation 
also required the President to identify in the next available 
budget message additional Congressionally mandated reporting 
requirements that could be and should be eliminated. The 
legislation was designed to reduce paperwork burdens, 
streamline information flows, and save taxpayer dollars used to 
prepare reports that are no longer necessary. At the time it 
was passed, the Congressional Budget Office estimated that the 
bill would save at least $2 million annually. The bill put the 
burden on the President and Congressional Committees to 
determine which reports they believed were necessary and which 
were not--and it gave them four years to do it.
    The House Science Committee has since determined that 29 
reports relevant to its oversight responsibilities, which would 
be eliminated pursuant to the sunset provisions of Federal 
Reports Elimination and Sunset Act of 1995, are still 
necessary. H.R. 1042 addresses the problem by exempting these 
and other reports from Pub. L. 104-66. Less one report, H.R. 
1042 is identical to H.R. 3904 which passed the House under 
suspension by voice vote in the 106th Congress. However, the 
Senate adjourned before the legislation could be cleared for 
passage.
    The Governmental Affairs Committee accepts the 
determination of the House Science Committee that the reports 
specified in H.R. 1042 would continue to provide constructive 
evaluation tools for those committees in the Senate and the 
House with direct oversight responsibility. When H.R. 1042 was 
debated on the House floor, concern was expressed that the 
Federal Reports Elimination and Sunset Act was excessive and 
that H.R. 1042 was necessary to correct an error. However, 
measures such as H.R. 1042 are exactly what was envisioned by 
the Federal Reports Elimination and Sunset Act. H.R. 1042 is 
substantially similar to measures passed by this committee and 
others to retain reporting requirements that they believe 
necessary to their oversight responsibilities.

                        III. Legislative History

    H.R. 1042 was introduced in the House of Representatives by 
Rep. Felix Grucci on March 15, 2001 and referred to the House 
Committee on Science. On March 21, 2001, the House passed the 
legislation under suspension of the rules with 414 Members 
voting in favor and 2 Members voting against. On March 22, 
2001, the legislation was referred in the Senate to the 
Committee on Governmental Affairs. On August 2, 2001, the 
Committee on Governmental Affairs adopted H.R. 1042 unanimously 
by voice vote and ordered the bill to be reported without 
amendment.

                  IV. Evaluation of Regulatory Impact

    Paragraph 11(b)(1) of the Standing rules of the Senate 
requires that each report accompanying a bill evaluate the 
``regulatory impact which would be incurred in carrying out 
this bill.'' The Committee has determined that the enactment of 
this legislation will not have significant regulatory impact.

                          V. CBO Cost Estimate

Hon. Joseph I. Lieberman,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1042, an act to 
prevent the elimination of certain reports. If you wish further 
details on this estimate, we will be pleased to provide them. 
The CBO staff contact is Julie Middleton.
    Sincerely,
                                          Dan L. Crippen, Director.

H.R. 1042--An act to prevent the elimination of certain reports

    H.R. 1042 would reinstate the requirement for federal 
agencies to prepare certain reports. Subject to the 
availability of appropriated funds, CBO estimates that 
implementing this bill would cost about $3 million in 2002 and 
an average of $1 million annually thereafter. Because the 
legislation would not affect direct spending or receipts, pay-
as-you-go procedures would not apply. H.R. 1042 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no impact on the 
budgets of state, local, or tribal governments.
    The Federal Reports Elimination and Sunset Act of 1995 
(Public Law 104-66) terminated many periodic reports that 
federal agencies were required to submit to the Congress, 
effective May 15, 2000. This bill would restore the statutory 
requirements for 29 specific reports. According to the affected 
agencies, most of the reports are still being prepared in 
response to other statutory or administrative directives. At 
least two major reports have been terminated however: the 
National Energy Plan (prepared by the Department of Energy), 
and the Great Lakes Research report (prepared by the Department 
of Commerce). Based on information from the Energy Department, 
CBO estimates preparing the energy plan would cost an average 
of $2 million every two years. CBO estimates that the 
Department of Commerce would spend about $1 million in 2002 to 
develop the information required for the initial Great Lakes 
research plan. Annual costs would decline in future years as 
the report becomes routine. The cost of preparing other reports 
affected by this legislation is not expected to be significant.
    Estimate prepared by: Julie Middleton.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                      VI. Changes to Existing Law

    H.R. 1042 does not repeal or amend an existing statute. It 
does, however, exempt from the scope of Section 3003(a)(1) of 
the Federal Reports Elimination and Sunset Act of 1995 (31 
U.S.C. 1113 note) 29 reports that are listed in H.R. 1042.

                                  
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