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                                                       Calendar No. 363
105th Congress                                                   Report

 2d Session                                                     105-187



                              R E P O R T

                                 of the


                          UNITED STATES SENATE

                              to accompany

                                S. 1364


                  May 11, 1998.--Ordered to be printed


                   FRED THOMPSON, Tennessee, Chairman
WILLIAM V. ROTH, Jr., Delaware       JOHN GLENN, Ohio
TED STEVENS, Alaska                  CARL LEVIN, Michigan
SUSAN M. COLLINS, Maine              JOSEPH I. LIEBERMAN, Connecticut
SAM BROWNBACK, Kansas                DANIEL K. AKAKA, Hawaii
PETE V. DOMENICI, New Mexico         RICHARD J. DURBIN, Illinois
THAD COCHRAN, Mississippi            ROBERT G. TORRICELLI, New Jersey
DON NICKLES, Oklahoma                MAX CLELAND, Georgia
ARLEN SPECTER, Pennsylvania
             Hannah S. Sistare, Staff Director and Counsel
             Kristine I. Simmons, Professional Staff Member
                 Leonard Weiss, Minority Staff Director
              Linda J. Gustitus, Minority Staff Director,
  Subcommittee on International Security, Proliferation, and Federal 
                   Myla Edwards, Legislative Fellow,
  Subcommittee on International Security, Proliferation, and Federal 
                       Lynn L. Baker, Chief Clerk

                            C O N T E N T S

  I. Purpose..........................................................1
 II. Background.......................................................1
III. Section-by-Section Analysis......................................2
 IV. Committee Action.................................................7
  V. Conclusion.......................................................8
 VI. Estimated Cost/Savings of Legislation............................8
VII. Evaluation of Regulatory Impact..................................9
VIII.Changes in Existing Law.........................................10

                                                       Calendar No. 363
105th Congress                                                   Report

 2d Session                                                     105-187



                  May 11, 1998.--Ordered to be printed


 Mr. Thompson, from the Committee on Government Affairs, submitted the 

                              R E P O R T

                         [To accompany S.1364]

    The Committee on Governmental Affairs, to which was 
referred the bill (S. 1364) to eliminate and modify reports 
identified by the Administration in the 1997 Budget, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill as amended do pass.

                               i. purpose

    The purpose of S. 1364, the Federal Reports Elimination Act 
of 1998, is to eliminate or modify Congressionally mandated 
Federal agency reports that are redundant, obsolete, or 
otherwise unnecessary on the recommendation of the 

                             ii. background

    In 1995 Congress enacted the Federal Reports Elimination 
and Sunset Act of 1995 (P.L. 104-66), sponsored by Senator John 
McCain and Senator Carl Levin. That act contained three major 
provisions. One provision eliminated or modified approximately 
200 reporting requirements imposed on federal agencies in law 
by Congress; the second required the President to identify in 
the next available budget message additional Congressionally 
mandated reporting requirements that could and should be 
eliminated; and the third provision terminates all annual or 
routine Congressionally mandated reporting requirements four 
years after enactment of the 1995 Act, or December 21, 1999, 
unless specifically exempted by law. As a result of this 
legislation, the President, in the FY 1997 Budget, provided 
Congress with a list of 400 reports recommended for elimination 
or modification. That list of reports was used as the basis for 
S. 1364.
    On November 4, 1997, Senator McCain and Senator Levin 
introduced S. 1364, a bill to eliminate or modify approximately 
187 Congressionally mandated reports. The reports contained in 
the bill were distilled from the list of 400 recommended 
reports included on the Administration's list pursuant to the 
requirements of the 1995 Act. Senators McCain and Levin 
circulated the Administration's list to the chairmen and 
ranking minority members of the Committees with jurisdiction 
over the reporting requirements. The committee chairs and 
ranking members were asked to review the reports on the list 
and indicate any objections to elimination or modification of 
the reports under their jurisdiction. Eighty percent of the 
committee responded. As a result of the responses, which were 
incorporated into the bill for introduction, the list of 400 
reports was ultimately reduced to 187 reports.

                    iii. section-by-section analysis

    Title I, Section 101, would eliminate the following 
Department of Agriculture reports:
  Secondary Market Operations
  Pilot Programs to Test Measurement of Nutritional Status of 
        Low-Income Households
  Estimate of Second Preceding Month's Expenditures Under Food 
        Stamp Programs
  Advisory Committees
  Farmer-to Consumer Direct Marketing Act of 1976
  Agricultural Research at Land-Grant Colleges
  Foreign Ownership of Agricultural land
  Sugar Price Increases
  Housing Preservation Grant Program
  National Advisory Council on Maternal, Infant, and Fetal 
    Title II, Section 201, would eliminate the following 
Department of Defense reports:
  Notifications of Conversion of Heating Facilities at 
        Installations in Europe
  Notifications of Disagreements Regarding Availability of 
        Alternative Housing
    Title III, Section 301, would eliminate the report 
requirement of Section 1411 of the Higher Education Amendments 
of 1992 for the Department of Education.
    Title IV, Section 401, would eliminate the following 
Department of Energy reports:
  Nuclear Test Ban Readiness Report
  Report on Resumption of Plutonium Operations at Rocky Flats
  Report on Potential for Hydropower Development, Utilizing 
        Tidal Currents
  Electric Utility Participation Study
  Report on Steel and Aluminum Research and Development 
  Report on Metal Casting Research and Development Activities
  Biennial Update to the National Advanced Materials Initiative 
        5-Year Program Plan
  Report on Vibration Reduction Technologies
  Report on Process-Oriented Industrial Energy Efficiency
  Report on Industrial Insulation and Audit Guidelines
  Report Evaluation of Opportunities for Energy Efficient 
        Pollution Prevention
  Report on Continental Scientific Drilling Program
  Report on Coal Research, Development, Demonstration, and 
        Commercialization Projects
  Report on the Use of Energy Futures for Fuel Purchases
  Report on Implementation of the Alaska Federal Civilian 
        Energy Efficiency Swap Act of 1980
  Report on Major National Security Programs
    Section 402 would modify the following Department of Energy 
  Report on Plan for Electric Motor Vehicles
  Coke Oven Production technology Study
    Title V, Section 501, would eliminate the following 
Environmental Protection Agency reports:
  Report on Conditional Registration of Pesticides
  Report on Implementation of Toxic Substances Control Act
  Report on Effect of Pollution on Estuaries and Estuarine 
  Clean Lakes Report
  Report on Nonpoint Source Management Programs
  Report on Measures Taken to Meet Objectives of Federal Water 
        Pollution Control Act
  Report on Safe Drinking Water Act Costs of Compliance
  Analysis of Alternative Motor Vehicle Fuels Use on 
  Comprehensive Report on Activities of Office of Solid Waste
  Study of Environmental Problems Associated with Improper 
        Disposal or Reuse of Oil
  Report on State and Local Training Needs and Obstacles to 
        Employment in Solid Waste Management and Resource 
  Interim Report of National Advisory Commission on Resource 
        Conservation and Recovery
  Final Report on Medical Waste Management
  Report on Status of Demonstration Program to Test Methods and 
        Technologies of Reducing or Eliminating Radon Gas
  Report on Canadian Acid Rain Control Program Biennial 
        Pollution Prevention Report
    Title VI, Section 601, would eliminate the following 
Department of Health and Human Services reports:
  Public Health Service Act:
    Report on Scientific and Clinical Status of Organ 
    Report of the Director of the National Institutes of Health
    Report of the National Institutes of Health on 
            Administrative Expenses
    Diabetes Mellitus Interagency Coordinating Committee, 
            Digestive Diseases Interagency Coordinating 
            Committee, and National Kidney and Urologic 
            Diseases Interagency Coordinating Committee Report
    National Diabetes Advisory Board Annual Report
    National Digestive Diseases Advisory Board
    National Kidney and Urologic Diseases Advisory Board Report
    Arthritis and Musculoskeletal and Skin Diseases Interagency 
            Coordinating Committee Annual Report
    Arthritis and Musculoskeletal and Skin Diseases Advisory 
            Board Annual Report
    Health Services Research Report
    Substance Abuse and Mental Health Services Administration 
    Triennial Report on Drug Abuse
    Family Planning and Population Research Report
    Sudden Infant Death Syndrome Research Report
    National Vaccine Program Report
  Other Acts:
    Federal Food, Drug, and Cosmetic Act--Radiation Control for 
            Health and Safety Annual Report
    Home Health Care and Alzheimer's Disease Amendments of 
            1990--Task Force on Aging Research Report
    NIH Revitalization Act of 1993--Research Activities 
            Concerning Chronic Fatigue Syndrome Report
    Social Security Act--Endstage Renal Disease Report
    Indian Health Care Improvement Act--Tribal Organization 
            Demonstration Program for Direct Medicare Billing
    Comprehensive Drug Abuse Prevention and Control Act of 
            1970--Public Health Service Report
    Indian Health Care Amendments of 1998--Eligibility for 
            Health Care Services
  Social Security Act:
    Report on Adjustment of Hospital Wage Indices, FY 1989
    Report on Proposal for Payment of Home Health Services
    Report on Long Term Health Care Policies
    Report on Separate Average Standardized Amounts
    Report on Visit Code Modification Study
    Report on NAIA Model Transition
    Report on Study on Payment for Chemotherapy in Physicians 
    Section 602 would modify the following reports under the 
Social Security Act;
  Report on Staffing Requirements in Nursing Facilities
  Report on State Health Care Grants on Adequate Health Care 
  Report on Transferred Grant Programs from National Institute 
        on Alcoholism and Alcohol Abuse
    Title VII, Section 701, would eliminate the following 
Department of Housing and Urban Development reports:
  Federal Activities Under Solar Heating and Cooling 
        Demonstration Act of 1974
  Funding Relating to Evaluating and Monitoring Programs
  State and Local Strategies for Removal of Barriers to 
        Affordable Housing
  Comprehensive Review and Evaluation of Homeless Assistance 
  Neighborhood Redevelopment Program
  Home ownership Demonstration Program
  Rural Rental Rehabilitation Demonstration
  Summary of Activities Under New Town Demonstration
    Title VIII, Section 801, would eliminate or modify the 
following Indian Affairs reports:
  Indian Child Protection and Family Violence Prevention Report
  Adjustment or Cancellation of Obligations Related to the 
        Indian Revolving Loan Fund
  Indian Loan Guaranty and Insurance Fund Deficiencies
  Report on Demonstration Projects
  National Criteria For Dormitory Situations
  Positions Contracted Under Grants of Post-Differential 
        Authority in BIA Schools
  Tribally Controlled Schools Act Report
  Report on Indian Preference Positions
  Native Americans Education Assistance Act Report
  Indian Self Determination and Education Assistance Act Report
    Section 1137 of the Education Amendments of 1978 was 
modified and a technical correction was made to various 
sections to make the report biennial.
    Title IX, Section 901, would eliminate the following 
Department of the Interior Reports:
  Pacific Yew Act
  Size and Condition of the Tule Elk Herd in California
  Reviews and Extensions of Withdrawals of Lands
  Status of the Wild Free-Roaming Horse and Burro Program
  Status of the Wilderness System
  Water Quality of the Sacramento-San Joaquin Delta and San 
        Francisco Bay Estuarine Systems
  Colorado River Floodway Maps
  Certification of Adequate Soil Survey of Land Classification
  Claims Submitted from The Teton Dam Failure
  Study of the Feasibility and Suitability of Establishing 
        Niobrara Buffalo Prairie National Park
  Study of Route 66
  Report on Anthracite Mine Water Control and Mine Sealing and 
        Filling Program
  Audit of Federal Royalty Management System
  Report on Bidding Options for Oil and Gas Leases on Outer 
        Continental Shelf Land
  Reports on Outer Continental Shelf Leasing and Production 
        Program and Promotion of Competition in Leasing
  Audit of Financial Report of Governor of Guam
  Audit of Financial Report of Governor of Virgin Islands
  Audit of Financial Report of Governor of American Samoa
  Audit of Financial Report of Chief Executives of Certain 
  Report on Activities Under Helium Act
  Report on Contract Awards Made to Facilitate National Defense
    Section 902, would modify the following Department of 
Interior Reports:
  Recommendations on Prospective Timber Sales
  Report on Nationwide Geologic Mapping Program
    Title X, Section 1001, would eliminate the following 
Department of Justice Reports
  Emergency Law Enforcement Assistance Report
  Immigration and Nationality Act
  Immigration and Naturalization Document Security Report
  Diversion Control Fee Account Report
  Asset Forfeiture Report
  Civil Financial Institutions Reform, Recovery, and 
        Enforcement Report
  Damage Settlement Report
  Banking Law Offense Report
  Banking Law Offense Rewards Report
  Banking Institutions Soundness Report
    Title XI, Section 1101, would eliminate the following NASA 
  Contingent Liability
  Activities of the National Space Grant and Fellowship Program
  Notification of Procurement of Long-Lead Materials for Solid 
        Rocket Monitors on Other than Cooperative Basis
  Contracts to Facilitate the National Defense
  Capital Development Plan for Space Station Program
  Certification Relating to Payloads
  Notice of Modification of NASA
  Expenditures Exceeding Astronomy Program
  Launch Voucher Demonstration Project
  Space Settlements
  Proposed Decision or Policy Concerning Commercialization
  Joint Former Soviet Union Studies in Biomedical Research
    Title XII, Section 1201, would eliminate the following 
Nuclear Regulatory Commission reports:
  Report of Advisory Committee on Reactor Safeguards
  Report on the Price-Anderson Act
    Section 1202, would modify the following Nuclear Regulatory 
Commission report:
  Status of Health, Safety, and Environmental Conditions at the 
        Gaseous Diffusion Uranium Enrichment Facilities of NRC
    Title XIII, Sections 1301, 1302, and 1303, eliminate the 
following OMB, OPM, and GSA reports:
  Federal Civil Penalties Inflation Adjustment Act of 1990
  Voluntary Contributions by the United States to International 
  Prompt Payment Act Report
  Federal Acquisition Regulatory Council
  Administrative Law Judges Report
  Federal Employee Retirement and Benefits Report
  Civil Service Retirement and Disability Fund Report
  Placement of Non-Indian Employees
  Report on Federal Property and Administrative Services Act
    Title XIV, Section 1401, eliminates the following Trade 
Agency reports:
  Coffee Trade
  Trade Act of 1974 Report
  Uruguay Round Agreements Act Report
  Restrictions on Expenditures Report
    Title XV, Section 1501, would eliminate the following 
Department of Transportation reports:
  Coast Guard Report on Environmental Compliance
  Annual Report on Coast Guard User Fees
  Reports About Government Pension Plans
  Biennial Report of the Interagency Coordinating Committee on 
        Oil Pollution Research
  Federal Highway Administration Report
  Annual Report on Highway Hazard Elimination Program
  Transportation Air Quality Report
  Indian Reservation Roads Study
  Study of Impact of Climatic Conditions
  Fatal and Injury Accident Rates on Public Roads in the United 
  Biennial Reports on Natural Gas and Hazardous Liquid Pipeline 
  Motor Vehicle Safety
  Bumper Standards
  Highway Safety
  Maritime Construction Costs
  Federal Transit Administration
  Project Review
  Suspended Light Rail System Technology
  Needs Survey; Transferability Report
    Section 1502, would modify the following reports and 
corrects any error in the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990;
  Coast Guard Report on Major Acquisition Projects
  Highway Report
  Aviation Security Report
  Report on Public Transportation
    The National Ballast Information Clearinghouse Act was 
corrected to change biannual reporting requirements to 
    Title XVI, Section 1601, would eliminate National 
Oceanographic and Atmospheric Agency reports as follows:
  Report Concerning Prices for Nautical and Aeronautical 
  Report on National Shellfish Research Program
  Geostationary Operational Environmental Satellites 
        Certification and Report Regarding Technical 
        Performance Specifications
  Next Generation Weather Radar System Certification and Report 
        Regarding Technical Performance Specifications
  Report on Enforcement of Violations Concerning the Use of 
        Unenhanced Data for Commercial Purposes
  Report on the National Climate Program Activities

                          iv. committee action

    In early 1998, the Governmental Affairs Committee, to which 
the bill was referred, distributed copies of S. 1364 to 
relevant committees, notifying them of the possibility that 
reports proposed to be modified or eliminated in the bill may 
be within their jurisdiction. A follow-up memorandum was also 
sent to each committee that had not responded to the earlier 
notice by Senators McCain and Levin prior to introduction of S. 
1364, to ensure that replies were received from all affected 
committees provided a response.
    The Committee worked closely with the Office of Legislative 
Counsel to confirm the accuracy of the multitude of statutory 
references in the bill to ensure that correct provisions were 
cited and that there was no conflict with other legislation. 
The Committee also worked closely with the Office of 
Information and Regulatory Affairs of the Office of Management 
and Budget to clarify citations and any discrepancies between 
the bill and the 1997 budget reports list.
    During the Committee markup of the bill on March 10, 1998, 
Senator Levin offered an amendment to the bill to make various 
technical corrections and to include additional reports from 
the National Oceanic and Atmospheric Administration (NOAA). As 
with the other reports included in S. 1364, the Committee 
cleared the NOAA reports with the committee of jurisdiction and 
the Office of Management and Budget. At the request of Senator 
John Glenn, the amendment also corrected an error in the 
Nonindigenous Aquatic Nuisance Prevention and Control Act by 
changing reporting requirements from biannual to biennial. On 
March 10, 1998, the bill and amendment were unanimously 
approved by a voice vote of the Committee.

                             v. conclusion

    In placing mandatory reporting requirements on federal 
agencies, Congress must carefully weigh the Congress' need for 
information concerning government programs and activities 
against the burdens and costs incurred by the federal agencies 
in preparing such reports. Too many reporting requirements are 
made permanent even though their utility to the work of 
Congress is of limited duration. Congress should eliminate 
reporting requirements that are no longer useful and should act 
with great restraint in imposing additional reporting 
requirements on federal agencies.
    Passage of S. 1364 will enhance the economic and efficient 
operation of Federal government activities by modifying or 
eliminating 187 Congressionally mandated reporting 
requirements. The elimination of these reporting requirements 
will allow resources currently used to compile the reports to 
be channeled to more essential functions.

                   vi. estimated costs of legislation

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 27, 1998.
Hon. Fred D. Thompson,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1364, the Federal 
Reports Elimination Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
                                         June E. O'Neill, Director.

S. 1364--Federal Reports Elimination Act of 1997

    Summary: S. 1364 would eliminate or modify the requirements 
for approximately 200 federal reports. CBO estimates that these 
changes would reduce federal reporting costs by about $1 
million in fiscal year 1999. Beginning with fiscal year 2000, 
the Federal Reports Elimination and Sunset Act of 1995 (Public 
Law 104-66) already provides for terminating most periodic 
reporting requirements established prior to 1993. Thus, CBO 
estimates that savings in fiscal year 2000 and beyond would 
total less than $500,000 a year.
    The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. S. 1364 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act of 1995 (UMRA) and 
would not affect the budgets of state, local, or tribal 
    Estimated cost to the Federal Government: S. 1364 generally 
covers reports that are not submitted by agencies now, or that 
replicate data compiled and submitted in other reports. Based 
on information submitted as part of the President's budget 
request for fiscal year 1997 and on information provided by 
various agencies, CBO estimates that agencies already do little 
or no wok on about 90 percent of the listed reporting 
requirements. For each of the remaining reports, we estimate 
that agencies, on average, incur annual costs of less than 
$50,000. Even in the case of the more burdensome reporting 
requirements, the savings may be less than current costs if 
agencies continue to collect the information for use internally 
and by other Executive Branch agencies, or to answer informal 
inquiries from the Congress. In total, CBO estimates that the 
savings in fiscal year 1999 from eliminating or modifying the 
approximately 200 reports specified in S. 1364 would total 
about $1 million, all from appropriated funds. Because current 
law eliminates most periodic reporting requirements in 2000, 
CBO estimates that annual savings in fiscal year 2000 and 
beyond would total less than $500,000.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 1364 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: John R. Righter.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                  vii. evaluation of regulatory impact

    Pursuant to the requirement of paragraph 11(b) of Rule XXVI 
of the Standing Rules of the Senate, the Committee has 
considered the regulatory and paperwork impact of S. 1364. The 
legislation contributes to the economical operation of federal 
government activities by streamlining the information flowing 
from agencies to Congress. It would impose no additional 
regulatory burdens, and it would reduce paperwork burdens on 
federal agencies.

                     viii. changes in existing law

    In accordance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee has determined that 
it is necessary to dispense with the requirements of this 
subsection to expedite the business of the Senate.