[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.