[House Report 110-308]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-308

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



 
                    ENERGY INFORMATION AVAILABILITY

                                _______
                                

 August 3, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Dingell, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3240]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3240) to enhance availability of critical energy 
information, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Subcommittee Consideration.......................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Statement of General Performance Goals and Objectives............     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Earmarks and Tax and Tariff Benefits.............................     3
Committee Cost Estimate..........................................     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4

                          PURPOSE AND SUMMARY

    The purpose of H.R. 3240 is to assure that the Energy 
Information Administration (EIA), the statistical and 
analytical branch of the Department of Energy (DOE), will 
continue, reinstate, and expand its collection and reporting of 
vital energy data.
    EIA data concerning energy use and production informs 
energy market decisions, policymaking, and public 
understanding, all of which require a solid basis of facts 
concerning energy supplies and demands. EIA has the principal 
responsibility for developing this essential information, and 
the purpose of this legislation is to assure that it has both 
the resources and the direction to meet that responsibility.
    The Committee on Energy and Commerce appreciates EIA's work 
and recognizes that maintaining high standards cannot be 
assured if resources are constrained and data collection is 
reduced. The bill directs EIA to prepare and submit to Congress 
a five-year plan to enhance the quality and scope of its data 
collection and publication activities, with particular focus on 
state-level data collection. It requires EIA to work 
collaboratively with the States, while not imposing any 
mandates, and to report to Congress on the results. It 
authorizes additional funds for a significant upgrading of 
EIA's state-level and other data collection activities.

                  BACKGROUND AND NEED FOR LEGISLATION

    EIA's published and on-line statistical reports have long 
been the foundation for energy analysis in the United States. 
Established in 1977, EIA has developed many data series that 
report on fuels, prices, and other key elements of U.S. energy 
markets.
    The data series EIA collects and publishes forms the basis 
not only for its own analyses of proposed energy policies, 
projections of future trends, and quantitative modeling, but 
also for those produced by independent academic and private-
sector experts and scholars. EIA uses this data to provide 
timely and accurate reports to Congress, to respond to specific 
Congressional inquiries, and to produce bulletins and 
publications relied upon by energy markets. To prepare 
forecasts against which to consider policy options, it is 
essential that EIA collect detailed data over time.
    In recent years, budget and personnel constraints have 
threatened the continuity of a number of data series that 
provide such input. In particular a number of series that 
provide data for each State have been curtailed or are 
threatened with discontinuance. Since some States do not 
collect information on their energy supply and demand, a 
degredation of EIA data would hinder State as well as national 
policy-making.
    Over the same period, energy markets have changed, with the 
emergence of futures markets, derivatives markets, and spot 
markets that exhibit great sensitivity to official data 
reports. Some pricing anomalies or short-term volatility in 
energy markets have been linked to release of EIA data, and it 
has become more important than ever that EIA's data products 
are timely, soundly sourced, and credible.
    The legislation will help ensure that EIA can continue to 
play its vital role as an independent source of complete and 
accurate energy market information as the Nation grapples with 
energy-related challenges to the economy, environment, and 
national security.

                       SUBCOMMITTEE CONSIDERATION

    Prior to the introduction of H.R. 3240, its text was 
considered in the Committee on Energy and Commerce as a 
Committee Print.
    On Wednesday, June 20, 2007, the Subcommittee on Energy and 
Air Quality met in open markup session and considered a 
Committee Print to enhance availability of energy information. 
The Committee Print was favorably forwarded to the full 
Committee, without amendment, by a voice vote. The Committee 
Print forwarded by the Subcommittee was subsequently designated 
Committee Print #6 for full Committee consideration.

                        COMMITTEE CONSIDERATION

    On Thursday, June 28, 2007, the full Committee met in open 
markup session and considered the Committee Print, which was 
then ordered favorably reported to the House, amended, by a 
voice vote. On July 31, 2007, a clean bill, H.R. 3240, was 
introduced with the approved language of the Committee Print, 
and was referred to the full Committee to be reported to the 
House without further consideration.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. Mr. 
Dingell moved that the Committee favorably report the Committee 
Print, amended, to the House. The motion to report the 
Committee Print favorably to the House was agreed to by a voice 
vote. There were no recorded votes taken on the Committee Print 
during full Committee consideration.

                      COMMITTEE OVERSIGHT FINDINGS

    Regarding clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the oversight findings of the 
Committee on the bill are reflected in this report.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The goals and objectives of H.R. 3240 are to improve the 
energy information collected and made available by the Energy 
Information Administration to help ensure the efficient 
functioning of energy markets and related financial operations, 
and to improve State-specific energy information.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Regarding compliance with clause 3(c)(2) of rule XIII of 
the Rules of the House of Representatives, the Committee finds 
that H.R. 3240 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  EARMARKS AND TAX AND TARIFF BENEFITS

    Regarding compliance with clause 9 of rule XXI of the Rules 
of the House of Representatives, H.R. 3240 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9( d), 9( e), or 9(f) of rule 
XXI.

                        COMMITTEE COST ESTIMATE

    The Committee will adopt as its own the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Regarding clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate on H.R. 3240 by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available as of the 
time of the filing of this report by the Committee.

                       FEDERAL MANDATES STATEMENT

    The Committee will adopt 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.

                      ADVISORY COMMITTEE STATEMENT

    Regarding section 5(b) of the Federal Advisory Committee 
Act, the bill does not establish any advisory committee.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
the provisions of Article I, section 8, clause 1, that relate 
to expending funds to provide for the general welfare of the 
United States.

                  APPLICABILITY TO 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.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    Sections 1 and 2. Energy Information Enhancement.--Improves 
State data collection required by the Energy Information 
Administration (EIA) to support efficient energy markets.

                                  
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