[House Report 111-711]
[From the U.S. Government Publishing Office]
Union Calendar No. 434
111th Congress, 2d Session - - - - - - - - - - - - House Report 111-711
(111-142)
SUMMARY
OF
LEGISLATIVE AND OVERSIGHT ACTIVITIES
----------
ONE HUNDRED ELEVENTH CONGRESS
first session
Convened January 6, 2009
Adjourned December 23, 2009
second session
Convened January 5, 2010
Adjourned December 22, 2010
----------
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
U.S. HOUSE OF REPRESENTATIVES
January 3, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Union Calendar No. 434
111th Congress, 2d Session - - - - - - - - - - - - House Report 111-711
(111-142)
SUMMARY
OF
LEGISLATIVE AND OVERSIGHT ACTIVITIES
__________
ONE HUNDRED ELEVENTH CONGRESS
first session
Convened January 6, 2009
Adjourned December 23, 2009
second session
Convened January 5, 2010
Adjourned December 22, 2010
__________
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
U.S. HOUSE OF REPRESENTATIVES
January 3, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
99-006 WASHINGTON : 2011
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
JAMES L. OBERSTAR, Minnesota, Chairman
NICK J. RAHALL, II, West Virginia, JOHN L. MICA, Florida
Vice Chair DON YOUNG, Alaska
PETER A. DeFAZIO, Oregon THOMAS E. PETRI, Wisconsin
JERRY F. COSTELLO, Illinois HOWARD COBLE, North Carolina
ELEANOR HOLMES NORTON, District of JOHN J. DUNCAN, Jr., Tennessee
Columbia VERNON J. EHLERS, Michigan
JERROLD NADLER, New York FRANK A. LoBIONDO, New Jersey
CORRINE BROWN, Florida JERRY MORAN, Kansas
EDDIE BERNICE JOHNSON, Texas GARY G. MILLER, California
GENE TAYLOR, Mississippi HENRY E. BROWN, Jr., South
ELIJAH E. CUMMINGS, Maryland Carolina
LEONARD L. BOSWELL, Iowa TIMOTHY V. JOHNSON, Illinois
TIM HOLDEN, Pennsylvania TODD RUSSELL PLATTS, Pennsylvania
BRIAN BAIRD, Washington SAM GRAVES, Missouri
RICK LARSEN, Washington BILL SHUSTER, Pennsylvania
MICHAEL E. CAPUANO, Massachusetts JOHN BOOZMAN, Arkansas
TIMOTHY H. BISHOP, New York SHELLEY MOORE CAPITO, West
MICHAEL H. MICHAUD, Maine Virginia
RUSS CARNAHAN, Missouri JIM GERLACH, Pennsylvania
GRACE F. NAPOLITANO, California MARIO DIAZ-BALART, Florida
DANIEL LIPINSKI, Illinois CHARLES W. DENT, Pennsylvania
MAZIE K. HIRONO, Hawaii CONNIE MACK, Florida
JASON ALTMIRE, Pennsylvania LYNN A. WESTMORELAND, Georgia
TIMOTHY J. WALZ, Minnesota JEAN SCHMIDT, Ohio
HEATH SHULER, North Carolina CANDICE S. MILLER, Michigan
MICHAEL A. ARCURI, New York MARY FALLIN, Oklahoma
HARRY E. MITCHELL, Arizona VERN BUCHANAN, Florida
CHRISTOPHER P. CARNEY, Pennsylvania BRETT GUTHRIE, Kentucky
JOHN J. HALL, New York ANH ``JOSEPH'' CAO, Louisiana
STEVE KAGEN, Wisconsin AARON SCHOCK, Illinois
STEVE COHEN, Tennessee PETE OLSON, Texas
LAURA A. RICHARDSON, California TOM GRAVES, Georgia
ALBIO SIRES, New Jersey
DONNA F. EDWARDS, Maryland
SOLOMON P. ORTIZ, Texas
PHIL HARE, Illinois
JOHN A. BOCCIERI, Ohio
MARK H. SCHAUER, Michigan
BETSY MARKEY, Colorado
MICHAEL E. McMAHON, New York
THOMAS S.P. PERRIELLO, Virginia
DINA TITUS, Nevada
HARRY TEAGUE, New Mexico
JOHN GARAMENDI, California
HANK JOHNSON, Georgia
SUBCOMMITTEE ON AVIATION
JERRY F. COSTELLO, Illinois, Chairman
RUSS CARNAHAN, Missouri THOMAS E. PETRI, Wisconsin
MICHAEL E. McMAHON, New York HOWARD COBLE, North Carolina
PETER A. DeFAZIO, Oregon JOHN J. DUNCAN, Jr., Tennessee
ELEANOR HOLMES NORTON, District of VERNON J. EHLERS, Michigan
Columbia FRANK A. LoBIONDO, New Jersey
BOB FILNER, California JERRY MORAN, Kansas
EDDIE BERNICE JOHNSON, Texas SAM GRAVES, Missouri
LEONARD L. BOSWELL, Iowa JOHN BOOZMAN, Arkansas
TIM HOLDEN, Pennsylvania SHELLEY MOORE CAPITO, West
MICHAEL E. CAPUANO, Massachusetts Virginia
DANIEL LIPINSKI, Illinois JIM GERLACH, Pennsylvania
MAZIE K. HIRONO, Hawaii CHARLES W. DENT, Pennsylvania
HARRY E. MITCHELL, Arizona CONNIE MACK, Florida
JOHN J. HALL, New York LYNN A. WESTMORELAND, Georgia
STEVE COHEN, Tennessee JEAN SCHMIDT, Ohio
LAURA A. RICHARDSON, California MARY FALLIN, Oklahoma
JOHN A. BOCCIERI, Ohio, Vice Chair VERN BUCHANAN, Florida
NICK J. RAHALL, II, West Virginia BRETT GUTHRIE, Kentucky
CORRINE BROWN, Florida
JASON ALTMIRE, Pennsylvania
SOLOMON P. ORTIZ, Texas
MARK H. SCHAUER, Michigan
THOMAS S.P. PERRIELLO, Virginia
JOHN GARAMENDI, California
DINA TITUS, Nevada
JAMES L. OBERSTAR, Minnesota (Ex
Officio)
SUBCOMMITTEE ON COAST GUARD AND MARITIME TRANSPORTATION
ELIJAH E. CUMMINGS, Maryland, Chairman
CORRINE BROWN, Florida FRANK A. LoBIONDO, New Jersey
RICK LARSEN, Washington DON YOUNG, Alaska
GENE TAYLOR, Mississippi HOWARD COBLE, North Carolina
BRIAN BAIRD, Washington VERNON J. EHLERS, Michigan
TIMOTHY H. BISHOP, New York TODD RUSSELL PLATTS, Pennsylvania
STEVE KAGEN, Wisconsin PETE OLSON, Texas
MICHAEL E. McMAHON, New York, Vice
Chair
LAURA A. RICHARDSON, California
JAMES L. OBERSTAR, Minnesota (Ex
Officio)
SUBCOMMITTEE ON ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY
MANAGEMENT
ELEANOR HOLMES NORTON, District of Columbia, Chairwoman
BETSY MARKEY, Colorado MARIO DIAZ-BALART, Florida
MICHAEL H. MICHAUD, Maine TIMOTHY V. JOHNSON, Illinois
HEATH SHULER, North Carolina SAM GRAVES, Missouri
RUSS CARNAHAN, Missouri SHELLEY MOORE CAPITO, West
TIMOTHY J. WALZ, Minnesota Virginia
MICHAEL A. ARCURI, New York MARY FALLIN, Oklahoma
CHRISTOPHER P. CARNEY, Pennsylvania BRETT GUTHRIE, Kentucky
DONNA F. EDWARDS, Maryland ANH ``JOSEPH'' CAO, Louisiana
THOMAS S.P. PERRIELLO, Virginia, VACANCY
Vice Chair
HANK JOHNSON, Georgia
JAMES L. OBERSTAR, Minnesota (Ex
Officio)
SUBCOMMITTEE ON HIGHWAYS AND TRANSIT
PETER A. DeFAZIO, Oregon, Chairman
NICK J. RAHALL II, West Virginia JOHN J. DUNCAN, Jr., Tennessee
JERROLD NADLER, New York DON YOUNG, Alaska
BOB FILNER, California THOMAS E. PETRI, Wisconsin
TIM HOLDEN, Pennsylvania HOWARD COBLE, North Carolina
BRIAN BAIRD, Washington JERRY MORAN, Kansas
MICHAEL E. CAPUANO, Massachusetts GARY G. MILLER, California
TIMOTHY H. BISHOP, New York HENRY E. BROWN, Jr., South
MICHAEL H. MICHAUD, Maine Carolina
GRACE F. NAPOLITANO, California TIMOTHY V. JOHNSON, Illinois
DANIEL LIPINSKI, Illinois TODD RUSSELL PLATTS, Pennsylvania
MAZIE K. HIRONO, Hawaii ILL SHUSTER, Pennsylvania
JASON ALTMIRE, Pennsylvania JOHN BOOZMAN, Arkansas
TIMOTHY J. WALZ, Minnesota SHELLEY MOORE CAPITO, West
HEATH SHULER, North Carolina Virginia
MICHAEL A ARCURI, New York JIM GERLACH, Pennsylvania
HARRY E. MITCHELL, Arizona MARIO DIAZ-BALART, Florida
CHRISTOPHER P. CARNEY, Pennsylvania CHARLES W. DENT, Pennsylvania
STEVE COHEN, Tennessee CONNIE MACK, Florida
LAURA A. RICHARDSON, California JEAN SCHMIDT, Ohio
ALBIO SIRES, New Jersey CANDICE S. MILLER, Michigan
DONNA F. EDWARDS, Maryland MARY FALLIN, Oklahoma
GENE TAYLOR, Mississippi VERN BUCHANAN, Florida
LEONARD L. BOSWELL, Iowa AARON SCHOCK, Illinois
RICK LARSEN, Washington TOM GRAVES, Georgia
JOHN J. HALL, New York
STEVE KAGEN, Wisconsin
SOLOMON P. ORTIZ, Texas
PHIL HARE, Illinois
JOHN A. BOCCIERI, Ohio
MARK H. SCHAUER, Michigan
BETSY MARKEY, Colorado
JAMES L. OBERSTAR, Minnesota (Ex
Officio)
SUBCOMMITTEE ON RAILROADS, PIPELINES, AND HAZARDOUS MATERIALS
CORRINE BROWN, Florida Chairwoman
DINA TITUS, Nevada BILL SHUSTER, Pennsylvania
HARRY TEAGUE, New Mexico THOMAS E. PETRI, Wisconsin
NICK J. RAHALL II, West Virginia JERRY MORAN, Kansas
JERROLD NADLER, New York GARY G. MILLER, California
ELIJAH E. CUMMINGS, Maryland HENRY E. BROWN, Jr., South
GRACE F. NAPOLITANO, California Carolina
JASON ALTMIRE, Pennsylvania TIMOTHY V. JOHNSON, Illinois
TIMOTHY J. WALZ, Minnesota, Vice SAM GRAVES, Missouri
Chair JIM GERLACH, Pennsylvania
MICHAEL A. ARCURI, New York CHARLES W. DENT, Pennsylvania
CHRISTOPHER P. CARNEY, Pennsylvania LYNN A. WESTMORELAND, Georgia
ALBIO SIRES, New Jersey JEAN SCHMIDT, Ohio
MARK H. SCHAUER, Michigan CANDICE S. MILLER, Michigan
BETSY MARKEY, Colorado VERN BUCHANAN, Florida
MICHAEL E. McMAHON, New York BRETT GUTHRIE, Kentucky
THOMAS S. P. PERRIELLO, Virginia AARON SCHOCK, Illinois
PETER A. DeFAZIO, Oregon ANH ``JOSEPH'' CAO, Louisiana
JERRY F. COSTELLO, Illinois PETE OLSON, Texas
BOB FILNER, California TOM GRAVES, Georgia
EDDIE BERNICE JOHNSON, Texas
LEONARD L. BOSWELL, Iowa
RICK LARSEN, Washington
MICHAEL H. MICHAUD, Maine
DANIEL LIPINSKI, Illinois
STEVE COHEN, Tennessee
LAURA A. RICHARDSON, California
JAMES L. OBERSTAR, Minnesota (ex
officio)
SUBCOMMITTEE ON WATER RESOURCES AND ENVIRONMENT
EDDIE BERNICE JOHNSON, Texas, Chairwoman
THOMAS S. P. PERRIELLO, Virginia JOHN BOOZMAN, Arkansas
JERRY F. COSTELLO, Illinois DON YOUNG, Alaska
GENE TAYLOR, Mississippi JOHN J. DUNCAN, Jr., Tennessee
BRIAN BAIRD, Washington VERNON J. EHLERS, Michigan
TIMOTHY H. BISHOP, New York FRANK A. LoBIONDO, New Jersey
RUSS CARNAHAN, Missouri GARY G. MILLER, California
STEVE KAGEN, Wisconsin HENRY E. BROWN, Jr., South
DONNA F. EDWARDS, Maryland, Vice Carolina
Chair TODD RUSSELL PLATTS, Pennsylvania
SOLOMON P. ORTIZ, Texas BILL SHUSTER, Pennsylvania
PHIL HARE, Illinois MARIO DIAZ-BALART, Florida
DINA TITUS, Nevada CONNIE MACK, Florida
HARRY TEAGUE, New Mexico LYNN A WESTMORELAND, Georgia
ELEANOR HOLMES NORTON, District of CANDICE S. MILLER, Michigan
Columbia ANH ``JOSEPH'' CAO, Louisiana
MICHAEL E. CAPUANO, Massachusetts PETE OLSON, Texas
GRACE F. NAPOLITANO, California TOM GRAVES, Georgia
MAZIE K. HIRONO, Hawaii
HARRY E. MITCHELL, Arizona
JOHN J. HALL, New York
BOB FILNER, California
CORRINE BROWN, Florida
JOHN GARAMENDI, California
HANK JOHNSON, Georgia
JAMES L. OBERSTAR, Minnesota (Ex
Officio)
C O N T E N T S
----------
Page
Letter of Submittal.............................................. IX
Jurisdiction of the House Committee on Transportation and
Infrastructure................................................. 1
Foreword......................................................... 3
Bills enacted into Law........................................... 6
Committee Bills and Resolutions that passed the House but not
acted on by the Senate......................................... 11
Concurrent Resolutions approved by both Chambers................. 10
Committee Views and Estimates Report............................. 15
Bills enacted into Law (summaries of public laws)................ 16
Summary of activities:
Full Committee............................................... 66
Subcommittee on Aviation..................................... 97
Subcommittee on Coast Guard and Maritime Transportation...... 126
Subcommittee on Economic Development, Public Buildings, and
Emergency Management....................................... 145
Subcommittee on Highways and Transit......................... 237
Subcommittee on Railroads, Pipelines, and Hazardous Materials 257
Subcommittee on Water Resources and Environment.............. 272
Summary of Oversight and Investigations Activities............... 294
Jurisdictional Exchange of Letters............................... 307
Publications..................................................... 313
LETTER OF SUBMITTAL
----------
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, January 3, 2011.
Hon. Nancy Pelosi,
Speaker of the House, House of Representatives,
The Capitol, Washington, DC.
Dear Madam Speaker, Pursuant to Clause (1)(d) of Rule XI of
the Rules of the House of Representatives, I submit the Summary
of Legislative and Oversight Activities of the Committee on
Transportation and Infrastructure for the 111th Congress. The
purpose of this report is to provide Members of Congress,
Congressional staff, and the general public with an overview of
the activities of the Committee.
This report is intended as a general reference tool and not
as a substitute for Committee hearing records, reports, and
files.
With all best wishes,
James L. Oberstar,
Chairman.
Enclosure.
Union Calendar No. 434
111th Congress } { Report
2d Session } HOUSE OF REPRESENTATIVES { 111-711
======================================================================
SUMMARY OF LEGISLATIVE AND OVERSIGHT ACTIVITIES--COMMITTEE ON
TRANSPORTATION AND INFRASTRUCTURE
_______
January 3, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
PROVISIONS OF THE RULES OF THE HOUSE OF REPRESENTATIVES APPLICABLE TO
COMMITTEE ACTIVITIES; JURISDICTION OF THE HOUSE COMMITTEE ON
TRANSPORTATION AND INFRASTRUCTURE
``Rule X
``ORGANIZATION OF COMMITTEES
``Committees and their legislative jurisdictions
``1. There shall be in the House the Following standing
committees, each of which shall have the jurisdiction and
related functions assigned by this clause and clauses 2, 3, and
4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing committees
listed in this clause shall be referred to those committees, in
accordance with clause 2 of rule XII, as follows:
``(r) Committee on Transportation and Infrastructure.
``(1) Coast Guard, including lifesaving service,
lighthouses, lightships, ocean derelicts, and the Coast Guard
Academy.
``(2) Federal management of emergencies and natural
disasters.
``(3) Flood control and improvement of rivers and harbors.
``(4) Inland waterways.
``(5) Inspection of merchant marine vessels, lights and
signals, lifesaving equipment, and fire protection on such
vessels.
``(6) Navigation and laws relating thereto, including
pilotage.
``(7) Registering and licensing of vessels and small boats.
``(8) Rules and international arrangements to prevent
collisions at sea.
``(9) The Capitol Building and the Senate and House Office
Buildings.
``(10) Construction or maintenance of roads and post roads
(other than appropriations therefor).
``(11) Construction or reconstruction, maintenance, and
care of buildings and grounds of the Botanic Garden, the
Library of Congress, and the Smithsonian Institution.
``(12) Merchant marine (except for national security
aspects thereof).
``(13) Purchase of sites and construction of post offices,
customhouses, Federal courthouses, and Government buildings
within the District of Columbia.
``(14) Oil and other pollution of navigable waters,
including inland, coastal, and ocean waters.
``(15) Marine affairs, including coastal zone management,
as they relate to oil and other pollution of navigable waters.
``(16) Public buildings and occupied or improved grounds of
the United States generally.
``(17) Public works for the benefit of navigation,
including bridges and dams (other than international bridges
and dams).
``(18) Related transportation regulatory agencies (except
the Transportation Security Administration).
``(19) Roads and the safety thereof.
``(20) Transportation, including civil aviation, railroads,
water transportation, transportation safety (except automobile
safety and transportation security functions of the Department
of Homeland Security), transportation infrastructure,
transportation labor, and railroad retirement and unemployment
(except revenue measures related thereto).
``(21) Water power.
FOREWORD
At the outset of the 110th and 111th Congresses, the
Committee on Transportation and Infrastructure developed a
legislative agenda focused on three primary objectives:
investing in our nation's infrastructure to
restore our economy, relieve congestion, ensure U.S.
competitiveness, and improve the daily lives of our
citizens;
ensuring the safety and security of our
nation's transportation systems and other critical
infrastructure; and
addressing global climate change and
renewing our commitment to clean water, energy
independence, and environmental stewardship.
Over the past two Congresses, the Committee made
extraordinary progress toward achieving these objectives by
enacting landmark legislation to: restore the nation's economy
in the wake of the greatest recession since the Great
Depression; strengthen pilot qualifications and improve airline
safety; ensure the safety of freight and passenger railroads;
invest in developing high-speed rail throughout the nation;
promote energy efficient transportation and public buildings
and create incentives for the use of alternative fuel vehicles
and renewable energy; authorize water resource investments in
the Water Resources Development Act of 2007 by overriding the
President's veto for only the 107th time in our nation's
history; and authorize maritime safety and acquisition reforms
for the U.S. Coast Guard.
In total, over the past four years, the Committee
considered and enacted more bills and resolutions (186 bills
and resolutions) than at any point in the storied history of
the Committee or its predecessor committees.
In the 111th Congress, the Committee on Transportation and
Infrastructure, in coordination with the Committee on
Appropriations, developed the American Recovery and
Reinvestment Act of 2009 (Recovery Act) (P.L. 111-5) to address
the greatest economic recession since the Great Depression. The
Recovery Act provided $64.1 billion of infrastructure
investment for programs within the jurisdiction of the
Committee on Transportation and Infrastructure, including:
$27.5 billion for highways and bridges; $8.4 billion for public
transit; $9.3 billion for passenger rail; $1.5 billion for
competitive surface transportation grants; $1.3 billion for
aviation; $5.26 billion for environmental infrastructure; $4.6
billion for the U.S. Army Corps of Engineers; $5.575 billion
for Federal buildings; $150 million for the Economic
Development Administration; $210 million for Firefighter
Assistance Grants; $240 million for Coast Guard facilities and
bridge alterations; and $100 million for Maritime
Administration Small Shipyard Grants. The Recovery Act
generally required these funds to be invested in ready-to-go
projects and required unprecedented transparency and
accountability provisions.
The Committee developed major legislation, H.R. 3371, the
``Airline Safety and Pilot Training Improvement Act of 2009'',
to strengthen pilot qualifications and improve airline safety.
The provisions of this bill were included in Public Law 111-
216, the Airline Safety and Federal Aviation Administration
Extension Act of 2010. The Committee also developed major
legislation, H.R. 915, the ``FAA Reauthorization Act of 2009'',
to reauthorize the Federal Aviation Administration (FAA) and
provide $53.5 billion over three years for FAA programs. On May
21, 2009, the House passed H.R. 915.
In addition, the Committee developed major legislation,
H.R. __, the ``Surface Transportation Authorization Act of
2009'', to reauthorize Federal surface transportation programs
and provide $450 billion over six years for surface
transportation programs and $50 billion for development of
high-speed rail. On June 24, 2009, the Subcommittee reported
the bill favorably to the Committee by voice vote. No further
action was taken on this legislation.
The Committee also developed legislation, contained in
Title VII of H.R. 3534, the ``Oil Spill Accountability and
Environmental Protection Act of 2010'', to make several
critical reforms to the Clean Water Act and the Oil Pollution
Act of 1990 in response to the Deepwater Horizon oil spill
disaster. First, this legislation increases the limitations of
liability for offshore facilities, such as the Deepwater
Horizon, and vessels as well as the level of financial
responsibility or insurance coverage (through a certificate of
financial responsibility or COFR) to more appropriately address
the potential impacts of a release of oil or hazardous
substances. Second, Title VII requires the owners or operators
of facilities and vessels to have adequate oil spill response
plans, and requires additional transparency, inspection, and
enforcement of such response plans to limit the potential
impacts of a release. Finally, the legislation also amends the
process for review and approval of oil spill dispersants,
chemicals, or other spill mitigating devices to require
additional transparency and testing on the toxicity,
effectiveness, and potential human health or environmental
impacts of such products before they can be listed for use in
response to an oil spill. On July 30, 2010, the House passed
H.R. 3534.
Finally, the Committee on Transportation and Infrastructure
developed major legislation, Public Law 111-281, the Coast
Guard Authorization Act of 2010, to reauthorize the Coast Guard
and make significant improvements to maritime safety and Coast
Guard operations and acquisitions processes. The legislation
was the first Coast Guard authorization bill to become law
since 2006.
In addition to these legislative achievements, the
Committee renewed its commitment to actively oversee the
agencies and programs within the jurisdiction of the Committee.
The Committee conducted active, in-depth investigations of its
agencies and programs, and found critical safety lapses and
identified significant cost savings.
During the 110th and 111th Congresses, the Committee held
more hearings and received testimony from more witnesses than
at any point in the history of the Committee. Over the past
four years, the Committee held 316 hearings, receiving
testimony from 2,201 witnesses over approximately 1,028 hours.
The Committee could not have achieved these extraordinary
accomplishments without the bipartisan leadership and
dedication of each of the Members of the Committee,
particularly Ranking Member John L. Mica, and the Chairs and
Ranking Members of each of the Subcommittees. The Subcommittee
Chairs guided dozens of bills through each of their respective
Subcommittees and conducted the overwhelming majority of the
oversight hearings. I also thank the staff of the Committee on
Transportation and Infrastructure for their dedication and
expertise to carrying out the Committee's agenda.
It is with great pride and gratitude that I submit the
Summary of Legislative and Oversight Activities of the
Committee on Transportation and Infrastructure for the 111th
Congress. This Summary highlights accomplishments that will
improve the safety, security, and efficiency of our nation's
transportation and infrastructure for years to come.
James L. Oberstar, Chairman,
Committee on Transportation and Infrastructure.
BILLS ENACTED INTO LAW
----------------------------------------------------------------------------------------------------------------
Public Law No. Date enacted Bill No. Title
----------------------------------------------------------------------------------------------------------------
P.L. 111-5............. February 17, 2009................ H.R. 1................. Making supplemental
appropriations for job
preservation and creation,
infrastructure investment,
energy efficiency and
science, assistance to the
unemployed, and State and
local fiscal
stabilization, for the
fiscal year ending
September 30, 2009, and
for other purposes.
P.L. 111-12............ March 30, 2009................... H.R. 1512.............. To amend the Internal
Revenue Code of 1986 to
extend the funding and
expenditure authority of
the Airport and Airway
Trust Fund, to amend title
49, United States Code, to
extend authorizations for
the airport improvement
program, and for other
purposes.
P.L. 111-14............ April 23, 2009................... S. 520................. A bill to designate the
United States courthouse
under construction at 327
South Church Street,
Rockford, Illinois, as the
``Stanley J. Roszkowski
United States
Courthouse''.
P.L. 111-34............ June 30, 2009.................... H.R. 813............... To designate the Federal
building and United States
courthouse located at 306
East Main Street in
Elizabeth City, North
Carolina, as the ``J.
Herbert W. Small Federal
Building and United States
Courthouse''.
P.L. 111-35............ June 30, 2009.................... H.R. 837............... To designate the Federal
building located at 799
United Nations Plaza in
New York, New York, as the
``Ronald H. Brown United
States Mission to the
United Nations Building''.
P.L. 111-69............ October 1, 2009.................. H.R. 3607.............. To amend the Internal
Revenue Code of 1986 to
extend the funding and
expenditure authority of
the Airport and Airway
Trust Fund, to amend title
49, United States Code, to
extend authorizations for
the airport improvement
program, and for other
purposes.
P.L. 111-74............ October 19, 2009................. H.R. 1687.............. To designate the federally
occupied building located
at McKinley Avenue and
Third Street, SW., Canton,
Ohio, as the ``Ralph
Regula Federal Building
and United States
Courthouse''.
P.L. 111-75............ October 19, 2009................. H.R. 2053.............. To designate the United
States courthouse located
at 525 Magoffin Avenue in
El Paso, Texas, as the
``Albert Armendariz, Sr.,
United States
Courthouse''.
P.L. 111-76............ October 19, 2009................. H.R. 2121.............. To authorize the
Administrator of General
Services to convey a
parcel of real property in
Galveston, Texas, to the
Galveston Historical
Foundation.
P.L. 111-77............ October 19, 2009................. H.R. 2498.............. To designate the Federal
building located at 844
North Rush Street in
Chicago, Illinois, as the
``William O. Lipinski
Federal Building''.
P.L. 111-78............ October 19, 2009................. H.R. 2913.............. To designate the United
States courthouse located
at 301 Simonton Street in
Key West, Florida, as the
``Sidney M. Aronovitz
United States
Courthouse''.
P.L. 111-116........... December 16, 2009................ H.R. 4217.............. To amend the Internal
Revenue Code of 1986 to
extend the funding and
expenditure authority of
the Airport and Airway
Trust Fund, to amend title
49, United States Code, to
extend authorizations for
the airport improvement
program, and for other
purposes.
P.L. 111-120........... December 22, 2009................ H.R. 4165.............. To extend through December
31, 2010, the authority of
the Secretary of the Army
to accept and expend funds
contributed by non-Federal
public entities to
expedite the processing of
permits.
P.L. 111-144........... March 2, 2010.................... H.R. 4691.............. To provide a temporary
extension of certain
programs, and for other
purposes.
P.L. 111-147........... March 18, 2010................... H.R. 2847.............. Hiring Incentives to
Restore Employment Act.
P.L. 111-153........... March 31, 2010................... H.R. 4957.............. To amend the Internal
Revenue Code of 1986 to
extend the funding and
expenditure authority of
the Airport and Airway
Trust Fund, to amend title
49, United States Code, to
extend authorizations for
the airport improvement
program, and for other
purposes.
P.L. 111-157........... April 15, 2010................... H.R. 4851.............. To provide a temporary
extension of certain
programs, and for other
purposes.
P.L. 111-161........... April 30, 2010................... H.R. 5147.............. To amend the Internal
Revenue Code of 1986 to
extend the funding and
expenditure authority of
the Airport and Airway
Trust Fund, to amend title
49, United States Code, to
extend authorizations for
the airport improvement
program, and for other
purposes.
P.L. 111-176........... June 8, 2010..................... H.R. 5128.............. To designate the United
States Department of the
Interior Building in
Washington, District of
Columbia, as the ``Stewart
Lee Udall Department of
the Interior Building''.
P.L. 111-191........... June 15, 2010.................... S. 3473................ A bill to amend the Oil
Pollution Act of 1990 to
authorize advances from
Oil Spill Liability Trust
Fund for the Deepwater
Horizon oil spill.
P.L. 111-197........... July 2, 2010..................... H.R. 5611.............. To amend the Internal
Revenue Code of 1986 to
extend the funding and
expenditure authority of
the Airport and Airway
Trust Fund, to amend title
49, United States Code, to
extend authorizations for
the airport improvement
program, and for other
purposes.
P.L. 111-207........... July 27, 2009.................... H.R. 3360.............. To amend title 46, United
States Code, to establish
requirements to ensure the
security and safety of
passengers and crew on
cruise vessels, and for
other purposes.
P.L. 111-215........... July 30, 2010.................... S. 3372................ A bill to modify the date
on which the Administrator
of the Environmental
Protection Agency and
applicable States may
require permits for
discharges from certain
vessels.
P.L. 111-216........... August 1, 2010................... H.R. 5900.............. To amend the Internal
Revenue Code of 1986 to
extend the funding and
expenditure authority of
the Airport and Airway
Trust Fund, to amend title
49, United States Code, to
extend airport improvement
program project grant
authority and to improve
airline safety, and for
other purposes.
P.L. 111-234........... August 16, 2010.................. H.R. 4275.............. To designate the annex
building under
construction for the
Elbert P. Tuttle United
States Court of Appeals
Building in Atlanta,
Georgia, as the ``John C.
Godbold Federal
Building''.
P.L. 111-243........... September 30, 2010............... H.R. 3562.............. An act to designate the
federally occupied
building located at 1220
Echelon Parkway in
Jackson, Mississippi, as
the ``James Chaney, Andrew
Goodman, Michael
Schwerner, and Roy K.
Moore Federal Building''.
P.L. 111-249........... September 30, 2010............... H.R. 6190.............. To amend the Internal
Revenue Code of 1986 to
extend the funding and
expenditure authority of
the Airport and Airway
Trust Fund, to amend title
49, United States Code, to
extend the airport
improvement program, and
for other purposes.
P.L. 111-281........... October 15, 2010................. H.R. 3619.............. To authorize appropriations
for the Coast Guard for
fiscal year 2010, and for
other purposes.
P.L. 111-297........... December 14, 2010................ H.R. 4387.............. To designate the Federal
building located at 100
North Palafox Street in
Pensacola, Florida, as the
``Winston E. Arnow Federal
Building''.
P.L. 111-298........... December 14, 2010................ H.R. 5651.............. To designate the Federal
building and United States
courthouse located at 515
9th Street in Rapid City,
South Dakota, as the
``Andrew W. Bogue Federal
Building and United States
Courthouse''.
P.L. 111-299........... December 14, 2010................ H.R. 5706.............. To designate the building
occupied by the Government
Printing Office located at
31451 East United Avenue
in Pueblo, Colorado, as
the ``Frank Evans
Government Printing Office
Building''.
P.L. 111-301........... December 14, 2010................ H.R. 5773.............. To designate the Federal
building located at 6401
Security Boulevard in
Baltimore, Maryland,
commonly known as the
Social Security
Administration Operations
Building, as the ``Robert
M. Ball Federal
Building''.
P.L. 111-308........... December 14, 2010................ S. 3250................ To provide for the training
of Federal building
personnel, and for other
purposes.
P.L. 111-315........... December 18, 2010................ H.R. 6184.............. To amend the Water
Resources Development Act
of 2000 to extend and
modify the program
allowing the Secretary of
the Army to accept and
expend funds contributed
by non-Federal public
entities to expedite the
evaluation of permits, and
for other purposes.
P.L. 111-326........... December 22, 2010................ H.R. 5591.............. To designate the airport
traffic control tower
located at Spokane
International Airport in
Spokane, Washington, as
the ``Ray Daves Airport
Traffic Control Tower''.
P.L. 111-329........... December 22, 2010................ H.R. 6473.............. To amend the Internal
Revenue Code of 1986 to
extend the funding and
expenditure authority of
the Airport and Airway
Trust Fund, to amend title
49, United States Code, to
extend the airport
improvement program, and
for other purposes.
P.L. 111-330........... December 22, 2010................ H.R. 6516.............. To make technical
corrections to provisions
of law enacted by the
Coast Guard Authorization
Act of 2010.
P.L. 111- .......... Presented to the President on S. 841................. To direct the Secretary of
December 28, 2010. Transportation to study
and establish a motor
vehicle safety standard
that provides for a means
of alerting blind and
other pedestrians of motor
vehicle operation.
P.L. 111- .......... Presented to the President on H.R. 6510.............. To direct the Administrator
December 28, 2010. of General Services to
convey a parcel of real
property in Houston,
Texas, to the Military
Museum of Texas, and for
other purposes.
P.L. 111- .......... Presented to the President on H.R. 1746.............. To amend the Robert T.
December 28, 2010. Stafford Disaster Relief
and Emergency Assistance
Act to reauthorize the pre-
disaster mitigation
program of the Federal
Emergency Management
Agency.
P.L. 111- .......... Presented to the President on S. 3481................ A bill to amend the Federal
December 28, 2010. Water Pollution Control
Act to clarify Federal
responsibility for
stormwater pollution.
----------------------------------------------------------------------------------------------------------------
CONCURRENT RESOLUTIONS APPROVED BY BOTH CHAMBERS
----------------------------------------------------------------------------------------------------------------
Resolution No. Title House Passage Senate Passage
----------------------------------------------------------------------------------------------------------------
H. Con. Res. 37.................. Authorizing the use of the March 11, 2009 March 12, 2009
Capitol Grounds for the
Greater Washington Soap
Box Derby.
H. Con. Res. 38.................. Authorizing the use of the March 11, 2009 May 12, 2009
Capitol Grounds for the
National Peace Officers'
Memorial Service.
H. Con. Res. 39.................. Authorizing the use of the March 17, 2009 March 17, 2009
Capitol Grounds for the
District of Columbia
Special Olympics Law
Enforcement Torch Run.
H. Con. Res. 171................. Authorizing the use of the July 31, 2009 August 5, 2009
Capitol Grounds for an
event to honor military
personnel who have died in
service to the United
States and to acknowledge
the sacrifice of the
families of those
individuals as part of the
National Weekend of
Remembrance.
H. Con. Res. 247................. Authorizing the use of the May 5, 2010 May 7, 2010
Capitol Grounds for the
Greater Washington Soap
Box Derby.
H. Con. Res. 263................. Authorizing the use of the May 5, 2010 May 7, 2010
Capitol Grounds for the
District of Columbia
Special Olympics Law
Enforcement Torch Run.
H. Con. Res. 264................. Authorizing the use of the April 28, 2010 April 29, 2010
Capitol Grounds for the
National Peace Officers'
Memorial Service.
H. Con. Res. 289................. Directing the Clerk of the June 30, 2010 July 12, 2010
House of Representatives
to make a technical
correction in the
enrollment of H.R. 3360.
S. Con. Res. 61.................. A concurrent resolution May 12, 2010 April 29, 2010
expressing the sense of
the Congress that general
aviation pilots and
industry should be
recognized for the
contributions made in
response to Haiti
earthquake relief efforts.
----------------------------------------------------------------------------------------------------------------
BILLS AND RESOLUTIONS THAT PASSED THE HOUSE BUT NOT ACTED ON BY THE SENATE
----------------------------------------------------------------------------------------------------------------
Bill No. Title Date of House Passage
----------------------------------------------------------------------------------------------------------------
H.R. 842...................................... To designate the United States March 10, 2009
Courthouse to be constructed in
Jackson, Mississippi, as the ``R. Jess
Brown United States Courthouse''.
H.R. 869...................................... To designate the Federal building and March 10, 2009
United States courthouse located at
101 Barr Street in Lexington,
Kentucky, as the ``Scott Reed Federal
Building and United States
Courthouse''.
H.R. 887...................................... To designate the United States March 10, 2009
courthouse located at 131 East 4th
Street in Davenport, Iowa, as the
``James A. Leach United States
Courthouse''.
H.R. 915...................................... To amend title 49, United States Code, May 21, 2009
to authorize appropriations for the
Federal Aviation Administration for
fiscal years 2010 through 2012, to
improve aviation safety and capacity,
to provide stable funding for the
national aviation system, and for
other purposes.
H.R. 1053..................................... To require the Office of Management and September 30, 2009
Budget to prepare a crosscut budget
for restoration activities in the
Chesapeake Bay watershed, to require
the Environmental Protection Agency to
develop and implement an adaptive
management plan, and for other
purposes.
H.R. 1178..................................... To direct the Comptroller General of May 12, 2009
the United States to conduct a study
on the use of Civil Air Patrol
personnel and resources to support
homeland security missions, and for
other purposes.
H.R. 1262..................................... To amend the Federal Water Pollution March 12, 2009
Control Act to authorize
appropriations for State water
pollution control revolving funds, and
for other purposes.
H.R. 1665..................................... To structure Coast Guard acquisition July 29, 2009
processes and policies, and for other
purposes.
H.R. 1700..................................... To authorize the Administrator of October 14, 2009
General Services to convey a parcel of
real property in the District of
Columbia to provide for the
establishment of a National Women's
History Museum.
H.R. 1747..................................... To authorize appropriations for the April 27, 2009
design, acquisition, and construction
of a combined buoy tender-icebreaker
to replace icebreaking capacity on the
Great Lakes.
H.R. 1854..................................... To amend the Water Resources December 8, 2009
Development Act of 1992 to modify an
environmental infrastructure project
for Big Bear Lake, California.
H.R. 2093..................................... To amend the Federal Water Pollution July 29, 2009
Control Act relating to beach
monitoring, and for other purposes.
H.R. 2423..................................... A bill to designate the Federal October 15, 2009
building and United States courthouse
located at 1300 Victoria Street in
Laredo, Texas, as the ``George P.
Kazen Federal Building and United
States Courthouse''.
H.R. 2454..................................... To create clean energy jobs, achieve June 26, 2009
energy independence, reduce global
warming pollution and transition to a
clean energy economy.
H.R. 2651..................................... To amend title 46, United States Code, October 14, 2009
to direct the Secretary of
Transportation to establish a maritime
career training loan program, and for
other purposes.
H.R. 2843..................................... To provide for the joint appointment of February 3, 2010
the Architect of the Capitol by the
Speaker of the House of
Representatives, the President pro
tempore of the Senate, the majority
and minority leaders of the House of
Representatives and Senate, the chair
and ranking minority member of the
Committee on House Administration of
the House of Representatives, the
chair and ranking minority member of
the Committee on Transportation and
Infrastructure of the House of
Representatives, the chair and ranking
minority member of the Committee on
Rules and Administration of the
Senate, the chairs and ranking
minority members of the Committees on
Appropriations of the House of
Representatives and Senate, and two
other designated members of the
Senate, and for other purposes.
H.R. 3193..................................... To designate the United States September 9, 2009
courthouse under construction at 101
South United States Route 1 in Fort
Pierce, Florida, as the ``Alto Lee
Adams, Sr., United States Courthouse''.
H.R. 3224..................................... To authorize the Board of Regents of December 8, 2009
the Smithsonian Institution to plan,
design, and construct a vehicle
maintenance building at the vehicle
maintenance branch of the Smithsonian
Institution located in Suitland,
Maryland, and for other purposes.
H.R. 3305..................................... To designate the Federal building and November 17, 2009
United States courthouse located at
224 South Boulder Avenue in Tulsa,
Oklahoma, as the ``H. Dale Cook
Federal Building and United States
Courthouse''.
H.R. 3371..................................... To amend title 49, United States Code, October 14, 2009
to improve airline safety and pilot
training, and for other purposes.
H.R. 3427..................................... To amend title 23, United States Code, September 28, 2010
to protect States that have in effect
laws or orders with respect to pay to
play reform, and for other purposes.
H.R. 3617..................................... To provide an extension of Federal-aid September 23, 2009
highway, highway safety, motor carrier
safety, transit, and other programs
funded out of the Highway Trust Fund
pending enactment of a multiyear law
reauthorizing such programs.
H.R. 3618..................................... To provide for implementation of the November 17, 2009
International Convention on the
Control of Harmful Anti-Fouling
Systems on Ships, 2001, and for other
purposes.
H.R. 3804..................................... To make technical corrections to December 7, 2009
various Acts affecting the National
Park Service, to extend, amend, or
establish certain National Park
Service authorities, and for other
purposes.
H.R. 3820..................................... To reauthorize Federal natural hazards March 2, 2010
reduction programs, and for other
purposes.
H.R. 3960..................................... To clarify the existing authority of, September 28, 2010
and as necessary provide express
authorization for, public authorities
to offer discounts in transportation
tolls to captive tollpayers, and for
other purposes.
H.R. 4714..................................... To amend title 49, United States Code, September 28, 2010
to authorize appropriations for the
National Transportation Safety Board
for fiscal years 2011 through 2014,
and for other purposes.
H.R. 4715..................................... To amend the Federal Water Pollution April 15, 2010
Control Act to reauthorize the
National Estuary Program, and for
other purposes.
H.R. 4786..................................... To provide authority to compensate March 10, 2010
Federal employees for the 2-day period
in which authority to make
expenditures from the Highway Trust
Fund lapsed, and for other purposes.
H.R. 4915..................................... To amend the Internal Revenue Code of March 24, 2010
1986 to extend the funding and
expenditure authority of the Airport
and Airway Trust Fund, to amend title
49, United States Code, to extend
authorizations for the airport
improvement program, and for other
purposes.
H.R. 5266..................................... To extend the final report deadline and July 20, 2010
otherwise reauthorize the National
Commission on Children and Disasters.
H.R. 5282..................................... To provide funds to the Army Corps of September 15, 2010
Engineers to hire veterans and members
of the Armed Forces to assist the
Corps with curation and historic
preservation activities, and for other
purposes.
H.R. 5301..................................... To extend the period during which the July 20, 2010
Administrator of the Environmental
Protection Agency and States are
prohibited from requiring a permit
under section 402 of the Federal Water
Pollution Control Act for certain
discharges that are incidental to
normal operation of vessels, to
reauthorize the National Estuary
Program, and for other purposes.
H.R. 5481..................................... To give subpoena power to the National June 23, 2010
Commission on the BP Deepwater Horizon
Oil Spill and Offshore Drilling.
H.R. 5503..................................... To revise laws regarding liability in July 1, 2010
certain civil actions arising from
maritime incidents, and for other
purposes.
H.R. 5545..................................... To deauthorize a portion of the project July 20, 2010
for navigation, Potomac River,
Washington Channel, District of
Columbia, under the jurisdiction of
the Corps of Engineers.
H.R. 5604..................................... To rescind amounts authorized for July 20, 2010
certain surface transportation
programs.
H.R. 5717..................................... To authorize the Board of Regents of September 28, 2010
the Smithsonian Institution to plan,
design, and construct a facility and
to enter into agreements relating to
education programs at the National
Zoological Park facility in Front
Royal, Virginia, and for other
purposes.
H.R. 5730..................................... To rescind earmarks for certain surface July 27, 2010
transportation projects.
H.R. 5825..................................... To review, update, and revise the July 27, 2010
factors to measure the severity,
magnitude, and impact of a disaster
and to evaluate the need for
assistance to individuals and
households.
H.R. 6008..................................... To ensure telephonic notice of certain September 28, 2010
incidents involving hazardous liquid
and gas pipeline facilities, and for
other purposes.
H.R. 6016..................................... To provide for a GAO investigation and September 28, 2010
audit of the operations of the fund
created by BP to compensate persons
affected by the Gulf oil spill.
----------------------------------------------------------------------------------------------------------------
COMMITTEE VIEWS AND ESTIMATES REPORTS
Pursuant to section 301(d) of the Congressional Budget Act
and clause 4(f) of Rule X of the Rules of the House, the
Committee submitted its Views and Estimates Reports to the
Committee on the Budget for fiscal years 2010 and 2011 on March
10, 2009, and March 4, 2010, respectively.
These reports, intended to provide the Budget Committee
with an early and comprehensive indication of the Committee's
legislative plans, contained estimates of the new budget
authority to be authorized in legislation under the Committee's
jurisdiction which would become effective during the next
fiscal year.
Committee on Transportation and Infrastructure Public Laws and
Resolutions
The Full Committee chapter of the Summary of Legislative
and Oversight Activities of the Committee on Transportation and
Infrastructure only includes the public laws and resolutions
which involve the jurisdiction of multiple subcommittees. Other
public laws and resolutions are included in the appropriate
subcommittee chapters of this report.
Full Committee
American Recovery and Reinvestment Act of 2009
Public Law 111-5
(H.R. 1)
February 17, 2009
The American Recovery and Reinvestment Act (Recovery Act)
(P.L. 111-5) provided $64.1 billion of infrastructure
investment for programs within the jurisdiction of the
Committee on Transportation and Infrastructure, including:
$27.5 billion for highways and bridges; $8.4 billion for public
transit; $9.3 billion for passenger rail; $1.5 billion for
competitive surface transportation grants; $1.3 billion for
aviation; $5.26 billion for environmental infrastructure; $4.6
billion for the U.S. Army Corps of Engineers; $5.575 billion
for Federal buildings; $150 million for the Economic
Development Administration; $210 million for Firefighter
Assistance Grants; $240 million for Coast Guard facilities and
bridge alterations; and $100 million for Maritime
Administration Small Shipyard Grants.
The Recovery Act generally required these funds to be
invested in ready-to-go projects. Section 1602 of the Recovery
Act required States and other grant recipients to give
preference to projects that could be started and completed
expeditiously, including a goal of using at least 50 percent of
the funds for projects that could be initiated not later than
120 days (June 17, 2009) after the date of enactment. In
addition, several transportation programs had specific
deadlines to invest a percentage of the funds. For example, for
Federal-aid Highway formula funds, 50 percent of State-
administered funds had to be obligated within 120 days (June
30, 2009) of the date of apportionment and all funds had to be
obligated within one year (March 2, 2010) of the date of
apportionment. For transit formula grants, 50 percent of funds
had to be obligated within 180 days (September 1, 2009) of the
date of apportionment and all funds had to be obligated within
one year (March 5, 2010) of the date of apportionment. Funding
provided for passenger rail also had to be obligated by a
specified date. The $8 billion provided for development of
high-speed and intercity passenger rail must be obligated by
September 30, 2014, and the $1.3 billion provided for capital
improvements to the National Railroad Passenger Corporation
(Amtrak) had to be obligated by September 30, 2010, with the
exception of $5 million provided to the Amtrak Office of
Inspector General which remains available through September 30,
2013.
The Recovery Act created ``green collar'' jobs and invested
in projects that decreased our dependence on foreign oil and
addressed global climate change. The Act provided $4.5 billion
for High-Performance Green Federal buildings to fund projects
that incorporate energy and water conservation elements, such
as installing photovoltaic roofs and geothermal technology. In
addition, the Recovery Act provided a significant investment in
public transit, high-speed rail, intercity passenger rail, and
Amtrak projects to provide alternatives to traveling by car,
and help public transit and intercity passenger rail providers
increase the percentage of their fleets that are alternative
fuel vehicles. Finally, the Recovery Act directed that 20
percent of each State's Clean Water State Revolving Fund
allotment be used for investments in energy and water efficient
techniques and technologies (i.e., green infrastructure). The
Recovery Act also required the steel, iron, and manufactured
goods for these projects to be produced in the United States.
The Recovery Act required the Governor of each State to
certify that: the State would request and use funds provided by
the Recovery Act and the funds would be used to create jobs and
promote economic growth; the State would maintain its effort
with regard to State funding for transportation projects; and
the Governor accepted responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars.
Finally, the Recovery Act ensured transparency and
accountability by including regular reporting requirements to
track the use of the funds, State investments, and the
estimated number of jobs created or sustained. Pursuant to
section 1512 of the Act, States and other direct grant
recipients provided quarterly reports (beginning October 10,
2009) to the Federal agency that provided the funds on the
total amount of recovery funds received; the amount of such
funds that were expended or obligated; a detailed list of all
projects or activities for which recovery funds were expended
or obligated, including the name and description of the
project, an evaluation of the completion status of the project,
and an estimate of the number of jobs created or sustained by
the project; and, for infrastructure investments made by State
and local governments, the purpose, total cost, and rationale
of the agency for funding the infrastructure investment. This
information was made publicly available through Recovery.gov.
Section 1201 of the Recovery Act required additional
reporting requirements for funds administered by the U.S.
Department of Transportation (DOT). Under this provision, each
State and other grant recipient submitted periodic reports to
DOT on the use of Recovery Act funds provided for highway,
public transit, rail, surface transportation, airport, and
maritime programs. The States and other grant recipients
reported: the amount of Federal funds obligated and outlayed;
the number of projects that have been put out to bid, and the
amount of Federal funds associated with such projects; the
number of projects for which contracts have been awarded, and
the amount of Federal funds associated with such projects; the
number of projects for which work has begun under such
contracts and the amount of Federal funds associated with such
contracts; the number of projects for which work has been
completed under such contracts and the amount of Federal funds
associated with such contracts; the number of direct, on-
project jobs created or sustained by the Federal funds provided
and, to the extent possible, the estimated indirect jobs
created or sustained in the associated supplying industries,
including the number of job-years created and the total
increase in employment since the date of enactment; and
information tracking the actual aggregate expenditures by each
grant recipient from state sources for projects eligible for
funding under the program during the period from the date of
enactment through September 30, 2010, compared to the level of
expenditures that were planned to occur during such period as
of the date of enactment.
To Amend the Oil Pollution Act of 1990 To Authorize Advances From Oil
Spill Liability Trust Fund for the Deepwater Horizon Oil Spill
Public Law 111-191
(S. 3473)
June 15, 2010
This law amends the Oil Pollution Act of 1990 to exempt
advances to the Coast Guard in connection with the explosion
on, and sinking of, the mobile offshore drilling unit Deepwater
Horizon from the requirement that amounts in the Oil Spill
Liability Trust Fund (Fund) be available only as provided in
annual appropriations acts. P.L. 111-191 limits such advances
to a maximum of $100 million each, with the total amount for
all advances subject to the limits of existing law (i.e., not
to exceed $1 billion for any single incident and $500 million
for natural resource damage assessments and claims for any
single incident, provided that, except in the case of payments
of removal costs, an advance may be made only if the amount in
the Fund after such advance will not be less than $30 million).
The Coast Guard is required to notify Congress within seven
days of the amount advanced and the facts and circumstances
necessitating the advance.
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Public Law 111-__
(H.R. 6523)
January 2011
AVIATION
Section 358 requires the Secretary of Defense to take
certain actions to expedite Department of Defense (DOD) review
of new infrastructure projects that may have an adverse impact
on military operations and readiness. Specifically, this
requires the designation of a senior official and a lead
organization at DOD to coordinate the Department's review of
applications for projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49, United
States Code (regarding the impact of the construction,
alteration, establishment, or expansion, of a structure that
may result in an obstruction of the navigable airspace or an
interference with air navigation facilities and equipment or
the navigable airspace). Within 180 days, the designated
official and lead organization at DOD must: conduct a
preliminary review and assessment of any pending project
applications; develop an integrated review process to ensure
timely notification and consideration of project applications
that may have an adverse impact on military operations and
readiness; establish procedures for DOD to coordinate
consideration of and response to a request for a review
received from State and local officials or renewable energy
project developers; and develop procedures for conducting early
outreach to parties carrying out such projects. DOD is required
to have a strategy in place within 270 days to take the same
steps with respect to any future project applications filed
with the Department of Transportation (DOT). For projects where
DOD is concerned about potential impacts on military readiness,
this section requires DOD to conduct its hazard assessment
within 30 days of receiving an application from DOT. This
section clarifies that the DOD hazard assessment shall not be
considered a substitute for any assessment or determination
required by the Federal Aviation Administration under current
law.
WATER RESOURCES AND ENVIRONMENT
Sections 311 and 312 provide the Secretary of Defense the
authority to transfer funds to the Hazardous Substance
Superfund. Section 311 authorizes a reimbursement of the
Environmental Protection Agency (EPA) for costs incurred
related to response activities performed at the Twin Cities
Army Ammunition Plant, Minnesota. Section 312 authorizes funds
to pay a penalty assessed by the EPA against Naval Air Station,
Brunswick, Maine, for the failure of the Navy to sample certain
monitoring wells in a timely manner.
Section 2815 requires the Secretary of Defense, within 270
days, to conduct a study relating to the presence of unexploded
ordnance in a portion of the former bombardment area at Culebra
Island, Puerto Rico. The Secretary is specifically directed to
examine any threats to public health or safety and the
environment from unexploded ordnance.
Section 2822 authorizes the Secretary of Defense to convey
to the Guam Waterworks Authority all right, title, and interest
of the United States in and to the water and wastewater
treatment utility systems on Guam, including the Fena
Reservoir, for the purpose of establishing an integrated water
and wastewater treatment system on Guam.
COAST GUARD AND MARITIME TRANSPORTATION
The bill also contains several sections affecting the
United States Coast Guard, including provisions that increase
the annual pay and alter benefits eligibility for Coast Guard
men and women.
National Defense Authorization Act for Fiscal Year 2010
Public Law 111-84
(H.R. 2647)
October 28, 2009
AVIATION
Section 935 requires the Secretary of Transportation and
the Secretary of Defense to create a joint plan to accommodate
Department of Defense (DOD) unmanned aircraft systems in the
national airspace.
COAST GUARD AND MARITIME TRANSPORTATION
Section 601 authorizes a 3.4 percent increase in basic pay
for members of the uniformed services, including the Coast
Guard.
Section 3505 requires the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating to prescribe non-lethal defense measures to defend
against piracy, and to require that U.S.-flagged vessels
participating in the Maritime Security Program carrying DOD
cargo and operating in an area designated by the Coast Guard as
an area of high risk of piracy be equipped with such measures.
Section 3512 directs the Secretary of Transportation,
through the Maritime Administrator, to establish a port
infrastructure development program and a port infrastructure
development fund. The provision expressly prohibits the
transfer of highway and public transit funds (made available
under title 23 or chapter 53 of title 49, United States Code)
to the port infrastructure development fund, except under very
limited circumstances.
Section 3515 authorizes the Secretary of Transportation to
establish and implement a short sea transportation grant
program for the development of marine highways.
Section 3516 requires the Secretary of Transportation to
expand the Marine View system, an information system containing
data on the nation's marine transportation system, which is
defined as the navigable water transportation system of the
U.S. including vessels, ports, shipyards, and vessel repair
facilities.
WATER RESOURCES AND ENVIRONMENT
Section 315 authorizes the Secretary of Defense to transfer
$68,623 into the Hazardous Substance Superfund (Superfund) to
reimburse the Environmental Protection Agency (EPA) for costs
incurred overseeing a remediation at the Former Nansemond
Ordnance Depot Site, Suffolk, Virginia.
Section 2860 authorizes the Secretary of the Air Force to
convey land at Lackland Air Force Base in Texas in exchange for
real property adjacent to the property.
Supporting the Goals and Ideals of National Public Works Week
(H. Res. 313)
May 5, 2009
H. Res. 313 expresses support for the goals and ideals of
National Public Works Week. This resolution recognizes and
celebrates the important contributions that public works
professionals make to improve the public infrastructure of the
United States.
Expressing the Sense of the House of Representatives Regarding the
Terrorist Attacks Launched Against the United States on September 11,
2001
(H. Res. 722)
September 9, 2009
H. Res. 722 recognizes September 11 as both a day to mourn
and remember those taken from their loved ones and fellow
citizens, and a day for the people of the United States to
recommit to the nation and to each other. The resolution also
states that the U.S. House of Representatives extends its
deepest sympathies to the friends, families, and loved ones of
the innocent victims of the September 11, 2001 terrorist
attacks; honors the heroic service and sacrifices of first
responders, law enforcement personnel, state and local
officials, volunteers, and others who aided the victims and, in
so doing, bravely risked and often sacrificed their own lives
and health; and expresses gratitude to the foreign leaders and
citizens of all nations who continue to stand in solidarity
with the United States against the international scourge of
terrorism. The resolution also asserts, in the strongest
possible terms, that the fight against terrorism is not a war
on any nation, any people, or any faith; recognizes the heroic
service of United States personnel, including members of the
United States Armed Forces, United States intelligence
agencies, and the United States diplomatic service, and their
families, who have sacrificed much, including their lives and
health, to defend their country against terrorists; and that
the U.S. House of Representatives will continue to take
whatever actions are appropriate to defend the people of the
United States and to identify, intercept, and defeat
terrorists, including providing the United States Armed Forces,
United States intelligence agencies, and the United States
diplomatic service with the resources and support to
effectively accomplish this mission. The resolution calls on
all Americans to renew their devotion to the universal ideals
that make the nation great: freedom, pluralism, equality, and
the rule of law.
Honoring and Celebrating the Contributions of African-Americans to the
Transportation and Infrastructure of the United States
(H. Res. 1085)
February 24, 2010
H. Res. 1085 supports the goals and ideals of National
African American History Month; honors and celebrates the
important contributions that African-Americans have made
throughout history to the transportation and infrastructure of
the United States; and urges citizens and communities
throughout the United States to join with representatives of
the Federal Government to recognize the substantial
contributions that African-Americans have made and continue to
make to the nation's transportation and infrastructure systems.
Expressing the Sense of the House of Representatives Regarding the
Terrorist Attacks Launched Against the United States on September 11,
2001
(H. Res. 1610)
September 15, 2010
H. Res. 1610 recognizes September 11 as both a day to mourn
and remember those taken from their loved ones and fellow
citizens, and a day for the people of the United States to
recommit to the nation and to each other. The resolution also
states that the U.S. House of Representatives extends its
deepest sympathies to the friends, families, and loved ones of
the innocent victims of the September 11, 2001, terrorist
attacks; honors the heroic service and sacrifices of first
responders, law enforcement personnel, State and local
officials, volunteers, and others who aided the victims and, in
so doing, bravely risked and often sacrificed their own lives
and health; and expresses gratitude to the foreign leaders and
citizens of all nations who continue to stand in solidarity
with the United States against the international scourge of
terrorism. The resolution also: recognizes the heroic service
of United States personnel, including members of the Armed
Forces, intelligence agencies, the diplomatic service, the law
enforcement and homeland security communities, and their
families, who have sacrificed much, including their lives and
health, to defend their country against terrorists; states that
the U.S. House of Representatives vows that it will continue to
take whatever actions are appropriate to defend the people of
the United States and to identify, intercept, and defeat
terrorists, including providing the Armed Forces, intelligence
agencies, the diplomatic service, and the law enforcement and
homeland security communities with the resources and support
necessary to effectively accomplish this mission; and reaffirms
that the American people will never forget the sacrifices made
on and since September 11, 2001.
Aviation
Airline Safety and Federal Aviation Administration Extension Act of
2010
Public Law 111-216
(H.R. 5900)
(See also H.R. 3371)
August 1, 2010
The most recent long-term Federal Aviation Administration
(FAA) reauthorization act, Vision 100--Century of Aviation
Reauthorization Act (Vision 100) (P.L. 108-176), expired
September 30, 2007. In 2009, the House passed H.R. 915, the
``FAA Reauthorization Act of 2009''. In March 2010, the Senate
passed its own comprehensive FAA reauthorization act. Pending
final enactment of a long-term reauthorization bill, Congress
has passed a series of short-term acts extending the FAA's
authority to administer aviation programs and to receive tax
proceeds. The authority extended by a prior extension act, P.L.
111-197, expired August 1, 2010. Public Law 111-216 extended
that authority through September 30, 2010.
In addition, the law incorporates the provisions of H.R.
3371, the ``Airline Safety and Pilot Training Improvement Act
of 2009''. These provisions require meaningful improvements to
the safety of U.S. airline operations. The law increases pilot
training, qualifications, screening and professional
development. It establishes an FAA Task Force that will
identify aviation industry best practices regarding: pilot
training, pilot professional standards, and inter-carrier
information sharing, mentoring and other safety-related
practices. In addition, the law requires the FAA to ensure that
pilots are trained on stall recovery and upset recovery, and
that airlines provide remedial training. The law mandates that
the FAA convene a multidisciplinary panel on pilot training for
stick pusher operations (which pulls an aircraft out of a
stall), and to implement the recommendations of the panel.
Further, it requires the Secretary of Transportation to provide
an annual report to Congress on how the agency is addressing
each open National Transportation Safety Board (NTSB)
recommendation pertaining to part 121 (commercial) air
carriers.
The law requires airline pilots to hold an Airline
Transport Pilot (ATP) certificate, which requires a
prerequisite of 1,500 flight hours. Additionally, the law
mandates that the FAA raise other minimum requirements for the
ATP certificate, to include training to function effectively in
an air carrier operational environment; adverse weather
conditions, including icing; high altitude operations; and a
multi-pilot crew. It also enables the FAA to consider allowing
certain academic training to be counted towards the 1,500-hour
ATP certificate requirement. The law establishes comprehensive
pre-employment screening of prospective pilots and establishes
a pilot records database to provide airlines with fast,
electronic access to a pilot's comprehensive record. In
addition, the law requires the FAA to convene a
multidisciplinary panel on pilot training for weather events.
To address issues related to pilot fatigue, the law directs
the FAA to update and implement new pilot flight- and duty-time
rules and fatigue risk management plans to more adequately
track scientific research in the field of fatigue. The law also
studies the impact of pilots' commuting practices on fatigue
and provides preliminary results to the FAA to be considered as
part of the flight- and duty-time rulemaking.
The law emphasizes the importance of voluntary safety
programs, which create a partnership between pilots and airline
management to voluntarily disclose safety problems without fear
of punishment. It directs the FAA to develop and implement a
plan to facilitate the establishment of an Aviation Safety
Action Program and a Flight Operational Quality Assurance
program by all commercial airlines and their unions. The law
also requires the FAA to report on several of its safety
programs, including an analysis of which airlines are using the
programs; how the FAA will expand the use of the programs; and
how the FAA is using data from the programs as safety analysis
and oversight tools for aviation safety inspectors.
The law directs the Government Accountability Office (GAO)
to conduct a study of: pilot academic training requirements;
pilot education provided by accredited two- and four-year
colleges/universities; foreign academic requirements; the FAA's
oversight of flight schools; and student loan options available
to student pilots. In addition, the law requires the Department
of Transportation Inspector General (DOT IG) to study the FAA's
safety oversight tools and resources used to oversee regional
airlines. To enhance consumer transparency, the law mandates
that Internet websites that sell airline tickets disclose to
the purchaser on the first page of the website the air carrier
that operates each segment of the flight.
Airport and Airway Extension Act of 2010, Part IV
Public Law 111-329
(H.R. 6473)
December 22, 2010
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. In March 2010,
the Senate passed its own comprehensive FAA reauthorization
act. As of December 2, 2010, the House and Senate have not been
able to resolve the differences between both bills.
Pending final enactment of a long-term reauthorization
bill, Congress has passed a series of short-term acts extending
the FAA's authority to administer aviation programs and to
receive tax proceeds. The authority extended by a prior
extension act, P.L. 111-249, expires December 31, 2010. Because
work to reconcile the long-term bills passed by the House and
Senate may not be completed before the current authority for
aviation programs expires, Public Law 111-329 extends that
authority through March 31, 2011.
The Airport and Airway Extension Act of 2010, Part IV (P.L.
111-329) extends the authorization of appropriations for
aviation programs; excise taxes on aviation fuels and air
transportation of persons and property; and the expenditure
authority for the Airport and Airway Trust Fund through March
31, 2011. This legislation also extends through March 31, 2011,
various airport development projects, including: (1) the pilot
program for passenger facility fees at nonhub airports; (2)
small airport grants for airports located in the Marshall
Islands, Micronesia, and Palau; (3) state and local airport
land use compatibility projects; (4) the authority of the
Metropolitan Washington Airports Authority to apply for an
airport development grant and impose a passenger facility fee;
(5) the temporary increase to 95 percent in the government
share of certain Airport Improvement Program (AIP) project
costs; and (6) Midway Island airport development. It also
extends through March 31, 2011, AIP projects and project grant
authority, as well as the U.S. Department of Transportation
(DOT) insurance coverage for domestic and foreign-flag air
carriers. Air carrier liability limits for injuries to
passengers resulting from acts of terrorism are extended
through June 30, 2011.
Airport and Airway Extension Act of 2010, Part III
Public Law 111-249
(H.R. 6190)
September 30, 2010
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. On March 22,
2010, the Senate passed H.R. 1586, its own comprehensive
reauthorization bill. As of September 30, 2010, however, both
the House and Senate had not yet enacted reconciled, long-term
FAA reauthorization legislation.
Pending both chambers' passage of a long-term
reauthorization bill, Congress has passed a series of short-
term acts extending the FAA's authority to administer aviation
programs and to receive tax proceeds. The authority extended by
a prior extension act, P.L. 111-216, expired September 30,
2010. Public Law 111-249 extended that authority through
December 31, 2010.
Airport and Airway Extension Act of 2010, Part II
Public Law 111-197
(H.R. 5611)
July 2, 2010
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. In March, the
Senate passed its own comprehensive FAA reauthorization act.
Pending final enactment of a long-term reauthorization bill,
Congress has passed a series of short-term acts extending the
FAA's authority to administer aviation programs and to receive
tax proceeds. The authority extended by a prior extension act,
P.L. 111-197, expired July 3, 2010. Public Law 111-197 extended
that authority through August 1, 2010.
Airport and Airway Extension Act of 2010
Public Law 111-161
(H.R. 5147)
April 30, 2010
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. In March, the
Senate passed its own comprehensive FAA reauthorization act.
Pending final enactment of a long-term reauthorization bill,
Congress has passed a series of short-term acts extending the
FAA's authority to administer aviation programs and to receive
tax proceeds. The authority extended by a prior extension act,
P.L. 111-153, expired April 30, 2010. Public Law 111-161
extended that authority for another two months, through July 3,
2010.
Federal Aviation Administration Extension Act of 2010
Public Law 111-153
(H.R. 4957)
March 31, 2010
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. On March 22,
2010, the Senate passed H.R. 1586, its own comprehensive
reauthorization bill. Pending both chambers' passage of a long-
term reauthorization bill, Congress has passed a series of
short-term acts extending the FAA's authority to administer
aviation programs and to receive tax proceeds. The authority
extended by a prior extension act, P.L. 111-116, expired on
March 31, 2010. Public Law 111-153 extended the FAA's necessary
authority through April 30, 2010.
Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II
Public Law 111-116
(H.R. 4217)
December 16, 2009
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. Pending
completion of a long-term reauthorization bill, Congress has
passed a series of short-term acts extending the FAA's
authority to administer aviation programs and to receive tax
proceeds. The authority extended by a prior extension act, P.L.
111-69, expired on December 31, 2010. Public Law 111-116
extended the FAA's necessary authority through March 31, 2010.
Fiscal Year 2010 Federal Aviation Administration Extension Act
Public Law 111-69
(H.R. 3607)
October 1, 2009
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. Pending
completion of a long-term reauthorization bill, Congress has
passed a series of short-term acts extending the FAA's
authority to administer aviation programs and to receive tax
proceeds. The authority extended by a prior extension act, P.L.
111-12, expired October 31, 2010. Public Law 111-69 extended
the FAA's necessary authority through December 31, 2010.
Federal Aviation Administration Extension Act of 2009
Public Law 111-12
(H.R. 1512)
March 30, 2009
The Federal Aviation Administration Extension Act of 2009
(P.L. 111-12) extends the authorization of appropriations for
aviation programs; excise taxes on aviation fuels and air
transportation of persons and property; and the expenditure
authority for the Airport and Airway Trust Fund through fiscal
year (FY) 2009. This legislation also extends through FY 2009
various airport development projects, including: (1) the pilot
program for passenger facility fees at nonhub airports; (2)
small airport grants for airports located in the Marshall
Islands, Micronesia, and Palau; (3) state and local airport
land use compatibility projects; (4) the authority of the
Metropolitan Washington Airports Authority to apply for an
airport development grant and impose a passenger facility fee;
(5) the temporary increase to 95 percent in the government
share of certain AIP project costs; and (6) Midway Island
airport development. It also extends, through FY 2009, AIP
projects and project grant authority, as well as the DOT
insurance coverage for domestic and foreign-flag air carriers.
Air carrier liability limits for injuries to passengers
resulting from acts of terrorism are extended through December
31, 2009.
To Designate the Airport Traffic Control Tower Located at Spokane
International Airport in Spokane, Washington, as the ``Ray Daves Air
Traffic Control Tower''
Public Law 111-326
(H.R. 5591)
December 22, 2010
This law designates the airport traffic control tower
located at the Spokane International Airport in Spokane,
Washington, as the ``Ray Daves Air Traffic Control Tower''. Ray
Daves was a radioman for the U.S. Navy at the Pacific Fleet
Headquarters in Oahu, Hawaii, during the Japanese attack on
Pearl Harbor. When World War II was over, Daves became a
civilian air traffic controller at Geiger Field, later known as
the Spokane International Airport, in Spokane, Washington. He
worked as an air traffic controller there from 1946 to 1974.
Expressing the Sense of the Congress That General Aviation Pilots and
Industry Should Be Recognized for the Contributions Made in Response to
Haiti Earthquake Relief Efforts
(S. Con. Res. 61)
May 12, 2010
S. Con. Res. 61 expresses the shared determination that
Congress recognizes the many contributions of general aviation
pilots and industry to the Haiti earthquake relief efforts. The
concurrent resolution further encourages the continued
generosity of general aviation pilots and operators in the
ongoing humanitarian relief efforts in Haiti.
Honoring the Heroic Actions of the Pilot, Crew, and Rescuers of US
Airways Flight 1549
(H. Res. 84)
January 26, 2009
H. Res. 84 honors the heroic actions of the pilot, crew,
and rescuers of US Airways Flight 1549, which made an emergency
landing on the Hudson River on January 15, 2009, following dual
engine failure minutes after its departure from LaGuardia
Airport. The resolution commends the skill with which Captain
Chesley B. Sullenberger III and his copilot Jeffrey B. Skiles
masterfully landed the plane on the river; as well as flight
attendants Doreen Welsh, Donna Dent, and Sheila Dail, who
quickly evacuated all 150 passengers. It also praises the U.S.
Coast Guard, police, and ferry boats, for arriving to rescue
the passengers within minutes of the accident.
Expressing Condolences to the Families, Friends, and Loved Ones of the
Victims of the Crash of Continental Connection Flight 3407
(H. Res. 183)
February 26, 2009
H. Res. 183 expresses sympathy to those who lost family,
friends, and loved ones in the tragic crash of Continental
Connection Flight 3407, operated by Colgan Air. The lives of
all 49 passengers and crew on the flight were lost on February
12, 2009, when Flight 3407 crashed in Clarence Center, New
York, about five miles outside of Buffalo. The Bombardier Dash
8-400 was en route from Newark Liberty International Airport
and it had begun its descent into Buffalo Niagara International
Airport. The plane crashed into a house on the ground, killing
one person inside as well. The resolution honors the lives that
were lost on Flight 3407 and commends the first responders,
emergency services personnel, volunteers, and air traffic
controllers for their work.
Congratulating and Saluting the Seventieth Anniversary of the Aircraft
Owners and Pilots Association (AOPA) and Their Dedication to General
Aviation, Safety and the Important Contribution General Aviation
Provides to the United States
(H. Res. 472)
June 9, 2009
H. Res. 472 congratulates and salutes the seventieth
anniversary of the Aircraft Owners and Pilots Association
(AOPA) and its dedication to general aviation and safety, and
the important contribution that general aviation provides to
the United States. In addition, the resolution commends AOPA
for: creating the Air Safety Foundation, leading the recovery
of the general aviation light aircraft manufacturing industry,
and setting the stage for the development of Next Generation
Air Transportation System by being an early proponent of the
civilian use of the global positioning system. AOPA was
incorporated on May 15, 1939, as a non-profit organization
dedicated to general aviation.
Expressing the Sense of the House of Representatives That the General
Aviation Industry Should Be Recognized for Its Contributions to the
United States.
(H. Res. 508)
July 29, 2009
H. Res. 508 expresses support for the general aviation
industry, recognizes general aviation's contributions to the
United States, and encourages general aviation activity.
General aviation includes all civilian flying except scheduled
passenger airline activity. General aviation transports 170
million passengers annually, on over 230,000 aircraft. In
addition, general aviation stimulates local and regional
economies it comprises over $150 billion in direct and indirect
economic output and supports almost 1.3 million jobs.
Commending Russ Meyer on his Induction Into the National Aviation Hall
of Fame
(H. Res. 719)
October 14, 2009
H. Res. 719 congratulates Russell W. Meyer for being
inducted into the National Aviation Hall of Fame and recognizes
his achievements and his lifetime of service to the aviation
industry. Russ Meyer received a Bachelor of Arts degree from
Yale, and Doctor of Law degree from Harvard. He went on to
serve in both the Air Force and the Marine Corps Reserves as a
fighter pilot from 1955-1961. As Cessna Aircraft Company
Chairman and Chief Executive Officer from 1975 to 2003, Meyer
advocated for the General Aviation Revitalization Act of 1994,
which limited liability for aircraft manufacturers. He also
expanded Cessna's Citation line of business jets, winning two
Collier Trophies. In 1995, he won the Wright Brothers Memorial
Trophy for his role in the creation of the Citation Special
Olympics Airlift, which coordinated hundreds of owners of
Citation aircraft to transport athletes from around the country
to the Special Olympics National Games. Meyer also helped to
develop the ``Be a Pilot Program'', which encouraged flight
training schools to offer reduced rates on introductory flight
training lessons. The ``Be a Pilot Program'' led to tens of
thousands of new pilots. On July 19, 2009, Meyer was enshrined
in the National Aviation Hall of Fame.
Supporting the Goals and Ideals of National Learn to Fly Day, and for
Other Purposes
(H. Res. 1284)
May 12, 2010
H. Res. 1284 supports the goals and ideals of National
Learn to Fly Day and recognizes the contributions of flight
instructors, flight schools, aviation groups, and industry in
promoting and teaching the nation's next generation of pilots.
Expressing Gratitude for the Contributions That the Air Traffic
Controllers of the United States Make To Keep the Traveling Public Safe
and the Airspace of the United States Running Efficiently, and for
Other Purposes
(H. Res. 1401)
July 27, 2010
Air traffic controllers are responsible for ensuring the
safety of approximately two million aviation passengers a day
by providing separation services to aircraft operating in the
national airspace system. Air traffic controllers react to
highly complex and sometimes dangerous situations on a daily
basis. In addition, they are responsible for working seven days
a week, 24 hours a day, including holidays. Due to the highly
stressful nature of the job, which requires total
concentration, air traffic controllers must retire by age 56.
Currently, more than 15,700 controllers, including those at
the FAA Academy in Oklahoma City, air traffic control
facilities, and the Air Traffic System Command Center, are
employed in the United States.
H. Res. 1401 describes nine separate incidents where
controllers saved many lives by providing excellent service in
a calm and professional manner. The resolution recognizes the
nation's air traffic controllers by expressing gratitude for
the contributions that air traffic controllers make to keep the
traveling public safe and the airspace of the United States
running efficiently. It commends air traffic controllers for
the calm and professional manner in which they ensure
separation of air traffic. H. Res. 1401 also acknowledges air
traffic controllers' heroic action, dedication, and quick and
skillful decision-making.
Furthermore, the resolution encourages greater investment
in the modernization of the nation's air traffic control system
so that air traffic controllers have the resources and
technology needed to better carry out their mission as air
travel continues to grow.
Supporting Backcountry Airstrips and Recreational Aviation
(H. Res. 1473)
September 15, 2010
H. Res. 1473 recognizes the value of recreational aviation
and backcountry airstrips located on the nation's public lands
and commends aviators and the various organizations that
maintain these airstrips for public use.
In general, a backcountry airstrip is an unattended landing
area in a location that provides access to remote, undeveloped
rural areas by aircraft, usually airplanes. Backcountry
airstrips allow enhanced access for a variety of recreational
activities, emergency services, firefighting, and land
management activities, and they provide a means of access to
remote areas for physically disadvantaged individuals who might
not otherwise be able to get to remote locations for leisure.
These airstrips also serve as efficient access points for
tourists, who in turn contribute to local economies and small
businesses. More importantly, in the event of mechanical
problems or inclement weather, they serve as emergency landing
sites for aircraft when larger airports are out of reach.
Many backcountry airstrips are privately owned. However,
several state aviation offices own and operate backcountry
airstrips, and many airstrips are owned by public agencies
involved in land management, such as the U.S. Forest Service,
National Park Service, Bureau of Land Management, and the
Bureau of Reclamation.
Congratulating the National Air Transportation Association for
Celebrating Its 70th Anniversary
(H. Res. 1669)
December 1, 2010
H. Res. 1669 recognizes National Air Transportation
Association's (NATA) historical contributions to general
aviation and congratulates NATA for celebrating its 70th
anniversary. NATA was founded on December 28, 1940, at a
critical moment in the development of general aviation in the
United States. Today, NATA represents more than 2,000 member
companies that own, operate, or service aircraft and provide
for the needs of the traveling public by offering services and
products to aircraft operators and others.
Coast Guard and Maritime Transportation
Coast Guard Authorization Act of 2010
Public Law 111-281
(H.R. 3619)
(See also H.R. 2650, H.R. 2652, H.R. 3376)
October 15, 2010
The Coast Guard Authorization Act of 2010 (P.L. 111-281) is
the authorizing legislation for the Coast Guard. The
legislation is based on H.R. 2830, the ``Coast Guard
Authorization Act of 2007'', which passed in the House during
the 110th Congress on April 24, 2008. Public Law 111-281 also
incorporates several bills related to the Coast Guard and
maritime transportation. Public Law 111-281 is the first Coast
Guard authorization act to be enacted into law since 2006.
The law authorizes annual appropriations for the service
and an increase in its military end strength. Public Law 111-
281 also includes other provisions that address: Coast Guard
personnel and management; shipping and navigation; acquisition
reform; leadership structure within Coast Guard; marine safety;
oil spill prevention; port security; and the use of toxic hull
coatings on certain vessels.
Title I authorizes $10.2 billion in FY 2011 for the Coast
Guard and increases the service's authorized end-strength of
military personnel by 1,500 members to 47,000.
Title II makes changes to the management of the Coast
Guard's officer corps and provides for Coast Guard families.
The law establishes the number and distribution of
commissioned Coast Guard officers and sets compulsory
retirement ages for flag and regular commissioned officers, and
authorizes Coast Guard veterans' access to the Armed Forces
Retirement Home system. Title II also provides the Coast Guard
with the flexibility to retain and promote officers that have
specialized skills to meet the needs of the Coast Guard. The
law also authorizes two Presidential awards--the Coast Guard
Cross and the Silver Star medal for extraordinary heroism and
gallantry, respectively.
The law provides for Coast Guard personnel and their
families by: (1) authorizing reimbursement to Coast Guard
personnel stationed at remote locations for reasonable expenses
related to travel for medical reasons; (2) facilitating the
acquisition of family housing for military personnel; (3)
authorizing the use of appropriated funds to provide child
development services with fees for the services to be based
upon family income; and (4) authorizing the Secretary to
provide support services for chaplain-led programs that assist
active duty and reserve personnel and their families to
maintain strong families. This law also permits active duty
Coast Guard personnel assigned to support operations associated
with major disasters or spills of national significance to
retain leave in excess of normal limitations. In addition, the
position of District Ombudsman is created in each Coast Guard
district to serve as a liaison between the Coast Guard and the
maritime community.
Title III makes changes to certain laws that apply to
shipping and navigation. The law: (1) creates a civil penalty
for simple possession of controlled substances on vessels
subject to the jurisdiction of the United States; (2) requires
a plan to deliver merchant mariners' documents by mail; (3)
phases out, after December 31, 2017, the deployment of foreign-
flag vessels engaged in certain operations on the outer
continental shelf in the Beaufort and Chukchi Seas off Alaska;
and (4) includes measures to help ensure safe and secure
shipping in the Arctic.
Title III ensures safe and secure maritime shipping in the
Arctic by encouraging the Secretary to enter into negotiations
through the International Maritime Organization to promote
coordinated action between the United States, Russia, Canada,
Iceland, Norway, and Denmark to ensure: (1) maintenance of aids
to navigation; (2) marine safety and salvage capability; (3)
oil spill prevention and response capability; (4) maritime
domain awareness; and (5) search and rescue capability. The law
also requires the Secretary to promote safe navigation through
icebreaking where necessary.
Title IV responds directly to the issues related to the
Coast Guard's acquisition programs. This title is based upon,
H.R. 1665, the ``Coast Guard Acquisition Reform Act of 2009'',
which passed the House on July 29, 2009.
Specifically, this title makes improvements in Coast Guard
acquisition management by: (1) requiring the Commandant of the
Coast Guard to select a Chief Acquisition Officer who meets
prescribed training and experience standards; (2) creating an
Acquisition Directorate within the Coast Guard with a defined
mission and a workforce dedicated to performing acquisition
functions; and (3) establishing experience standards for
acquisition personnel. The law also prohibits the use of
private sector lead systems integrators after the date of
enactment, except to complete certain specific acquisitions.
Title IV also defines levels of acquisitions based upon
life-cycle costs and prescribes a process for large
acquisitions through which the Coast Guard must: (1) clearly
define operational requirements of projects and programs; (2)
analyze alternatives; (3) develop project or program baselines;
(4) produce life-cycle cost estimates; and (5) assess the
merits of alternatives. The analysis of alternatives is to be
prepared by a Federally-funded research and development center.
The law also requires reports to Congress when cost overruns
and delays in excess of prescribed levels occur.
Title V modernizes the Coast Guard by reorganizing the
Coast Guard's senior leadership, as proposed by the Coast
Guard. This title authorizes no more than four vice admiral
positions to perform duties prescribed by the Commandant.
The law requires the Secretary to ensure appropriate career
paths and minimum qualifications for prevention and response
personnel who wish to develop expertise in prevention and
response, and authorizes the Commandant of the Coast Guard to
establish centers of expertise for prevention and response.
The law requires the Coast Guard to develop a long-term
strategy for improving marine safety with the following
priorities and goals: (1) reducing the number and rates of
marine casualties; (2) improving the consistency and
effectiveness of enforcement and compliance programs; (3)
targeting high-risk vessels for enforcement efforts; and (4)
improving research.
Title V also requires that any individual, excluding the
Commandant, who adjudicates an appeal or waiver of a decision
related to marine safety must be a qualified specialist who is
able to effectively judge the facts. In addition, the
Commandant must ensure that the Coast Guard Academy will
provide courses in mariner safety.
Title VI enhances marine safety through a variety of
provisions. The law enhances fishing vessel safety by: (1)
permitting owners of certain fishing vessels to rebuild or
replace their vessels and maintain the vessels' permits or
licenses to fish; (2) establishing safety equipment and vessel
construction standards; and (3) requiring fishing vessels of
certain sizes and those fishing vessels that undergo
substantial changes to comply with load line regulations and
comply with classification society rules and standards for
construction and equipment. Compliance with these requirements
will be certified by a classification society. The law further
enhances fishing vessel safety by establishing safety standards
with respect to equipment and operations including: (1)
survival craft that ensure no part of an individual is immersed
in the water; (2) carriage of marine radios, nautical charts
and publications, and sufficient medical supplies; and (3)
requiring individuals in charge of fishing vessels to pass a
training program approved by the Secretary. Individuals in
charge of fishing vessels must also maintain records of safety
equipment maintenance and safety drills.
The law enhances marine safety in other areas by: (1)
requiring certain vessels to maintain official logbooks and to
log the service hours of seamen, their injuries, and their
illnesses; (2) requiring ``safety management systems'' on
certain passenger vessels; (3) authorizing the Coast Guard to
terminate the operation of vessels for ``unsafe operation'';
(4) permitting seamen who suffer discrimination because they
report safety violations to use the same Department of Labor
complaint process that is currently available to workers in the
other transportation modes; (5) authorizing the Coast Guard to
establish standards for required marine safety equipment based
on performance, best available technology, and operational
practicality; and (6) requiring the Secretary to prescribe
regulations for the installation of life preservers and other
lifesaving appliances for uninspected vessels.
This title also: (1) removes the tonnage limit on offshore
supply vessels and prescribes manning levels and watch
schedules aboard offshore supply vessels; (2) reauthorizes
several advisory committees related to marine safety; and (3)
authorizes the Secretary to delegate authority to review and
approve plans and to conduct inspections and examinations to
the American Bureau of Shipping or another classification
society recognized by the Secretary with respect to offshore
facilities.
Title VII reduces the risk of oil spills during transfers
of oil between vessels. The law: (1) requires the Secretary to
conduct a study to identify the types of human errors that lead
to oil spills, with particular attention to fatigue; (2)
extends liability for oil spills to the owners of cargo shipped
on single-hulled vessels; and (3) amends the Oil Pollution Act
of 1990 to extend to tank vessels of 100 gross tons or more the
requirement to show financial responsibility for oil spills.
Title VIII contains a number of provisions that enhance the
security of the nation's waterways, ports, and marine cargoes.
This title: (1) establishes the America's Waterway Watch
Program to promote voluntary reporting of activities that may
indicate a threat or an act of terrorism; (2) requires the
Coast Guard to enforce the security zones imposed around tank
vessels containing especially hazardous cargos; (3) permits
engagement of State and local law enforcement to provide
waterside security at terminals handling especially hazardous
cargoes; (4) mandates that the Secretary make a recommendation
regarding the suitability of a waterway to accommodate the
marine traffic associated with a waterside liquefied natural
gas facility to the Federal Energy Regulatory Commission, after
considering recommendations by States; (5) authorizes the Coast
Guard to assist foreign port facility operators to meet
international port security standards; (6) requires the
Secretary to develop and utilize a national standard and
formula for prioritizing and addressing security risks at
United States ports; (7) requires development of a program for
the mobile biometric identification of suspect individuals
including terrorists; and (8) prescribes training standards for
the certification of port facility security officers.
This title also requires the Secretary, in conjunction with
the appropriate Federal agencies, to develop a national
strategy for the waterside security of vessels and facilities
handling especially hazardous cargoes.
To ensure that the Coast Guard is able to carry out the
Service's other homeland security responsibilities, the law
authorizes additional Coast Guard maritime forces and security
teams. The legislation requires no fewer than two teams of
deployable specialized forces capable of combating terrorism,
engaging in interdiction, law enforcement, and advanced
tactical maritime security operations. The law also requires
the Secretary to increase the number of canine teams capable of
detecting narcotics and explosives by no fewer than 10 annually
through fiscal year 2012.
Title VIII also contains several provisions related to
security and maritime workers. The law requires: (1) that
seamen, pilots, and representatives of seamen's welfare and
labor organizations not be charged fees individually for
expenses related to access through port facilities and shore
leave; (2) coordination between the Secretary and owners and
operators of port facilities to allow workers who have applied
for, but have not yet received, a transportation workers'
security card to be escorted into secure or restricted areas of
a port facility; (3) the Secretary to make timely responses to
individuals who apply for a transportation security card; (4)
the establishment of procedures for maritime workers to be
fingerprinted, as part of an application for a transportation
security card, at any of no fewer than 20 facilities operated
by or under contract to the Department of Homeland Security;
and (5) development of a plan to permit maritime workers to
receive their transportation security cards at facilities or
aboard vessels. The law also authorizes the Secretary to use a
secondary means to verify the identities of individual applying
for a transportation security card.
Title IX includes several miscellaneous provisions. The
provisions include: (1) waivers of the requirements for
coastwise endorsements for certain vessels, subject to specific
conditions; (2) changes to the penalties payable by operators
of certain cruise ships for nonpayment of seamen's wages in
class action suits; (3) an extension of the current deadline
for compliance with U.S.-citizen manning requirements for
operators of vessels in the U.S. distant water tuna fishing
fleet to December 31, 2012; (4) a provision to limit the
jurisdiction of States to tax certain seamen; (5) authorization
to convey certain Coast Guard property to certain local
governments; (6) authorization for the States of Texas and
Oklahoma to license operators of uninspected passenger vessels
operating on Lake Texoma; and (7) limitation of the liability
for monetary damages of individuals who use or authorize the
use of force to defend a vessel of the United States against
piracy.
The law also strengthens criminal penalties for failing to
heave to, obstructing Coast Guard boardings, and providing
false information to the Coast Guard when the offense involves
``aggravating factors''. Aggravating factors include: death, an
attempt to kill, kidnapping or an attempt to kidnap, aggravated
sexual abuse, serious bodily injury, and transportation of
individuals under inhumane conditions.
Title X includes the text of H.R. 3618, the ``Clean Hull
Act of 2009'', which passed the House on November 17, 2009.
This title aligns U.S. law with the International Convention on
the Control of Harmful Anti-Fouling Systems on Ships, 2001 by
prohibiting the sale, distribution, or manufacture of organotin
or antifouling systems containing organotin. Organotin is a
chemical used to inhibit the growth of marine organisms on the
hulls of vessels and certain marine structures.
Title X also prohibits vessels, regardless of when the
anti-fouling system was applied, from using an anti-fouling
system containing organotin, establishes penalties for
violation, and establishes the Secretary of the department in
which the Coast Guard is operating and the Administrator of the
Environmental Protection Agency as administrators and enforcers
of this new law.
Cruise Vessel Security and Safety Act of 2010
Public Law 111-207
(H.R. 3360)
July 27, 2010
This law imposes new security and safety requirements on
cruise ships that carry at least 250 passengers and call on a
port in the United States except as part of a coastwise voyage.
Public Law 111-207 contains a number of provisions that
will enhance the safety and security of passengers on board
cruise vessels.
This law requires that, beginning 18 months after the date
of enactment of the Act, each vessel to which the section
applies must comply with specific design and construction
standards. The vessels must have rails located not less than 42
inches above the cabin deck, and must have passenger staterooms
and crew cabins equipped with peep holes or other means for
visual identification. To the extent that it is available, the
vessels must integrate technology that can detect when
passengers have fallen overboard. The vessel must also be
equipped with operable acoustic hailing or warning devices to
provide communication capability around the entire vessel when
it is operating in high risk waters, as defined by the Coast
Guard. Beginning on the date of enactment of the Act (July 27,
2010), any vessel the keel of which is laid after that date
must equip passenger staterooms and cabins with security
latches and time-sensitive key technologies.
To help combat crime aboard cruise vessels, this law also
requires that the owner of a vessel maintain a video
surveillance system to assist in documenting crimes on the
vessel and to provide evidence for the prosecution of such
crimes. In addition, the law requires owners of vessels to
employ physicians meeting certain professional qualifications
and to maintain on the vessel adequate, in-date supplies of
anti-retroviral medications and other medications designed to
prevent the transmission of sexually transmitted diseases after
a sexual assault, as well as equipment and materials for
performing medical examinations in sexual assault cases. The
law also requires the owner of a vessel to record in a log
book, either electronically or otherwise, reports on specified
complaints.
In addition, the law requires the owner of a vessel or the
owner's designee to contact the nearest Federal Bureau of
Investigation (FBI) Field Office or Legal Attache by telephone
as soon as possible after the occurrence on board the vessel of
an incident involving homicide, suspicious death, a missing
U.S. national, kidnapping, assault with serious bodily injury,
any offense to which 18 U.S.C. Sec. Sec. 2241, 2242, 2243, or
2244(a), or (c) applies, firing or tampering with the vessel,
or theft of money or property in excess of $10,000 to report
the incident.
The Secretary of Transportation is required to maintain a
statistical compilation of certain incidents on an Internet
site that provides a numerical accounting of the missing
persons and alleged crimes recorded in each report that are no
longer under investigation. The data shall be updated no less
frequently than quarterly and aggregated by cruise line (and
each cruise line shall be identified by name), and by whether
the crime was committed by a passenger or a crew member. Each
cruise line taking on or discharging passengers in the United
States shall include a link on its Internet website to the
website maintained by the Secretary of Transportation.
To Make Technical Corrections to Provisions of Law Enacted by the Coast
Guard Authorization Act of 2010
Public Law 111-330
(H.R. 6516)
December 22, 2010
The law makes technical corrections to the Coast Guard
Authorization Act of 2010 (P.L. 111-281).
Directing the Clerk of the House of Representatives To Make a Technical
Correction in the Enrollment of H.R. 3360
(H. Con. Res. 289)
July 12, 2010
H. Con. Res. 289 directs the Clerk of the House of
Representatives to make a technical correction in the
enrollment of H.R. 3360, the Cruise Vessel Security and Safety
Act of 2010 (P.L. 111-207).
To Commend the American Sail Training Association for Its Advancement
of Character Building Under Sail and for Its Advancement of
International Goodwill
(H. Res. 197)
April 14, 2010
H. Res. 197 commends the American Sail Training Association
(ASTA) for its work to advance character building under sail
and for its advancement of international good will, and
commends ASTA for its advancement of character building
experiences for youth at sea in traditionally rigged sailing
vessels and its advancement of the finest traditions of the
sea.
H. Res. 197 also commends ASTA as the national sail
training association of the United States, representing the
sail training community of the United States in the
international forum.
Recognizing the Numerous Contributions of the Recreational Boating
Community and the Boating Industry to the Continuing Prosperity and
Affluence of the United States
(H. Res. 410)
June 9, 2009
H. Res. 410 recognizes the contributions of the
recreational boating industry and the boating community to the
United States. This resolution also acknowledges that the 59
million individuals who boat generate more than $33 billion for
the U.S. economy, and provide jobs for 337,000 Americans. This
resolution recognizes that the 1,400 active boat builders in
the United States use materials and services from all 50
states. Recreational boating activities provide opportunities
for families to be together, and have a beneficial effect on
scholastic performance and physical fitness of those who
participate. Finally, H. Res. 410 urges the President to issue
a proclamation declaring July 1, 2009, as National Boating Day.
Expressing the Gratitude of the House of Representatives for the
Service to Our Nation of the Coast Guard and Marine Corps Aircraft
Pilots and Crewmembers Lost Off the Coast of California on October 29,
2009, and for Other Purposes
(H. Res. 891)
November 17, 2009
H. Res. 891 expresses the gratitude of the House of
Representatives for the service to our nation of the Coast
Guard and Marine Corps aircraft pilots and crewmembers lost off
the coast of California on October 29, 2009.
H. Res. 891 recognizes the crew members of the Coast Guard
C-130 that are missing and presumed to have lost their lives in
the line of duty: Lt. Cmdr. Che J. Barnes; Lt. Adam W. Bryant;
Chief Petty Officer John F. Seidman; Petty Officer 2nd Class
Carl P. Grigonis; Petty Officer 2nd Class Monica L. Beacham;
Petty Officer 2nd Class Jason S. Moletzsky; and Petty Officer
3rd Class Danny R. Kreder II.
H. Res. 891 also recognizes the crew members of the Marine
Corps helicopter that are missing and presumed to have lost
their lives in the line of duty: Maj. Samuel Leigh and 1st Lt.
Thomas Claiborne.
Recognizing the Coast Guard Group Astoria's More Than 60 Years of
Service to the Pacific Northwest, and for Other Purposes
(H. Res. 1062)
April 15, 2010
H. Res. 1062 recognizes the Coast Guard Group Astoria's
more than 60 years of service to the Pacific Northwest, and
honors the brave men and women of Coast Guard Group Astoria who
risk their lives daily to ensure the safety and security of the
people of the Pacific Northwest.
H. Res. 1062 directs the Clerk of the House of
Representatives to make available enrolled copies of this
resolution to Coast Guard Group Astoria for appropriate
display.
Economic Development, Public Buildings, and Emergency Management
Predisaster Hazard Mitigation Act of 2010
Public Law 111-__
(H.R. 1746)
January 2011
This law reauthorizes the Pre-Disaster Mitigation (PDM)
program for three years at the following levels: $180 million
in fiscal year 2011 and $200 million per year in each of fiscal
years 2012 and 2013. The law also increases the minimum amount
that each state receives under the program from $500,000 to
$575,000, and prohibits the provision of assistance under the
PDM program through congressionally-directed spending.
Federal Buildings Personnel Training Act of 2010
Public Law 111-308
(S. 3250)
December 14, 2010
The Federal Buildings Personnel Training Act of 2010 (P.L.
111-308) authorizes the Administrator of General Services, in
consultation with others, to establish core competencies
relating to buildings operation and maintenance, energy
management, sustainability, building performance, and other
matters for Federal personnel and contract employees performing
buildings operations functions in Federal buildings. The law
establishes core competencies for Federal employees and
contract personnel working in certain building operations and
maintenance disciplines to ensure that Federal buildings
perform and are maintained in accordance with industry best
practices. The law will ensure that Federal buildings and
components are maximally productive and properly maintained to
achieve the highest possible return on investment over the
infrastructure's projected operating life.
Smithsonian Institution Facilities Authorization Act of 2009
Public Law 111-11
(Title XV)
(H.R. 608)
March 30, 2009
This law authorizes the Board of Regents of the Smithsonian
Institution to design and construct laboratory space to
accommodate the Mathias Laboratory at the Smithsonian
Environmental Research Center in Edgewater, Maryland; to
construct laboratory space to accommodate the terrestrial
research program of the Smithsonian Tropical Research Institute
in Gamboa, Panama; and to construct a greenhouse facility at
its museum support facility in Suitland, Maryland.
To Authorize the Administrator of General Services To Convey a Parcel
of Real Property in Galveston, Texas, to the Galveston Historical
Foundation
Public Law 111-76
(H.R. 2121)
October 19, 2009
This law authorizes the Administrator of General Services,
no later than 90 days after the date of enactment of the Act,
to convey, by quitclaim deed, a parcel of real property located
at 502 20th Street in Galveston, Texas, to the Galveston
Historical Foundation, subject to certain requirements. All
proceeds derived from the sale of the parcel of real property
located at 502 20th Street in Galveston, Texas, is required to
be deposited in the Federal Building Fund.
The parcel of real property located at 502 20th Street is
the 1861 U.S. Custom House. It is one of the oldest buildings
in Galveston, Texas, and was added to the National Register of
Historic Places in 1970. The Galveston Historical Foundation
was incorporated in 1954, and has since cultivated its work to
cover community redevelopment, public education, historic
preservation advocacy, maritime preservation, and stewardship
of historic properties on Galveston Island. To date, the
Galveston Historical Foundation has more than 2,000 members and
has twice been awarded the National Trust for Historic
Preservation's Honor Award.
In 1998, the General Services Administration and the
Galveston Historical Foundation entered into a long-term lease
agreement with respect to the 1861 U.S. Custom House. In
exchange for the Galveston Historical Society rehabilitating
the historical building, it was granted a long-term lease. This
law allows the Galveston Historical Society to purchase the
building outright.
Directs the Administrator of General Services To Convey a Parcel of
Real Property in Houston, Texas, to the Military Museum of Texas
Public Law 111-__
(H.R. 6510)
January 2011
This law directs the Administrator of General Services to
sell a 3.6-acre parcel of land improved with a 20,000 square
foot light-industrial building to the current tenant, the
Military Museum of Texas, for the fair value of the property in
its current use. The Military Museum of Texas is a non-profit
501(c)(3) organization founded in 1992, with an all-volunteer
staff. The Museum has been operating on the property since
2004, paying a nominal rent. The legislation further directs
the General Services Administration to convey the property with
a restrictive covenant requiring that the property's current
use continue for a period of 30 years, and in the event that
the Military Museum seeks to abrogate this use, it is then
required to seek prior permission of the Administrator and pay
to the United States the value of the property in its highest
and best use.
Authorizes the Secretary of Agriculture To Convey to the City of
Bountiful, Utah, Certain Federal Land
Public Law 111-11
(Title III, Subtitle D, section 3307)
(H.R. 604)
March 30, 2009
This law authorizes the Secretary of Agriculture to
exchange certain Federal land identified as Shooting Range
Special Use Permit Area on the map, entitled ``Bountiful City
Land Consolidation Act'', dated October 15, 2007, if the city
of Bountiful, Utah conveys three parcels of land consisting of
a total of approximately 1,680 acres to the Secretary of
Agriculture.
To Designate the United States Courthouse Under Construction at 327
South Church Street, Rockford, Illinois, as the ``Stanley J. Roszkowski
United States Courthouse''
Public Law 111-14
(S. 520)
April 23, 2009
This law designates the United States courthouse under
construction at 327 South Church Street, Rockford, Illinois, as
the ``Stanley J. Roszkowski United States Courthouse''.
Stanley Roszkowski was born on January 22, 1923, and was
raised in Royalton, Illinois. He was one of 15 children. He
served a decorated tour in World War II as a nose gunner on a
B26 bomber. After his discharge from the United States Air
Force, he enrolled at the University of Illinois where he
received his Bachelor of Science degree in 1949 and his Juris
Doctor in 1954. He then opened up a successful law practice in
Rockford.
Stanley Roszkowski was appointed judge for the United
States District Court for the Northern District of Illinois on
October 11, 1977. He took senior status on January 9, 1991, and
retired in January 1998 after serving for more than 20 years.
Judge Roszkowski was instrumental in having the courthouse
constructed in Rockford, Illinois.
To Designate the Federal Building and United States Courthouse Located
at 306 East Main Street in Elizabeth City, North Carolina, as the ``J.
Herbert W. Small Federal Building and United States Courthouse''
Public Law 111-34
(H.R. 813)
June 30, 2009
This law designates the Federal building and United States
courthouse located in Elizabeth City, North Carolina as the
``J. Herbert W. Small Federal Building and United States
Courthouse''.
J. Herbert W. Small is a life-long resident of Elizabeth
City, North Carolina. He is a graduate of the University of
Virginia Engineering School, and the University of North
Carolina Law School at Chapel Hill. He began the practice of
law in 1949 and continued in his chosen field for over five
decades. During his professional career he was a member of the
First Judicial District Bar Association, the American Bar
Association, and the North Carolina Bar Association.
He began his public career as Special Counsel to the
Congressional Committee on Intergovernmental Relations. Judge
Small later served as county attorney for Pasquotank County. In
1979, Judge Small was elected Judge of Superior Court of the
First Judicial District and served as senior resident judge for
seventeen years. Judge Small is an active volunteer, serving on
the Board of Directors of the Albemarle Hospital, and the
American Red Cross. He has received numerous awards and honors
from the Jaycees, the Boy Scouts, Volunteer Fireman, the
Chamber of Commerce, and the Rotary and Elks clubs.
Further, Judge Small served his country during World War II
in the U.S. Navy.
Judge Small is an outstanding mentor and volunteer. For
over five decades, he has been an exceptional jurist, and civic
leader.
To Designate the Federal Building Located at 799 United Nations Plaza
in New York, New York, as the ``Ronald H. Brown United States Mission
to the United Nations Building''
Public Law 111-35
(H.R. 837)
June 30, 2009
This law designates the Federal building at 799 United
Nations Plaza in New York, New York, as the ``Ronald H. Brown
United States Mission to the United Nations Building''.
Ronald Harmon Brown was born on August 1, 1941. His early
school days were spent at Hunter College Elementary School, a
public school on Manhattan's East Side. He subsequently
attended high school at White Plains High School and the Rhodes
School in Manhattan. In 1962, Brown graduated from Middlebury
College in Vermont. After college, he served in the Army from
1962 to 1967, commanding several units in the United States,
Germany, and South Korea. Brown was discharged from the Army in
1967. After serving in the Army, he attended St. John's Law
School and began working as a job developer and trainee adviser
for the National Urban League. By 1976, Brown served as the
National Urban League's Deputy Executive Director for programs
and governmental affairs.
He left the National Urban League in 1979 to work for
Senator Edward M. Kennedy, who sought the Democratic Party's
presidential nomination. In 1981, Brown began a career as a
lawyer and lobbyist. In 1988, he was elected Chairman of the
Democratic National Committee. From 1989 to 1992, he served as
Chairman and used his skills as a negotiator and pragmatic
bridge builder to help reunite the Democratic Party, after its
candidate was defeated in the 1988 presidential election.
In 1993, President William J. Clinton appointed Ronald H.
Brown as Secretary of Commerce. During his tenure, Secretary
Brown effectively utilized and expanded the role of the U.S.
Department of Commerce. Secretary Brown was known for his
amiable political style and his deft skill in negotiations and,
as Secretary, he used these qualities effectively to promote
U.S. trade, expand foreign markets for American businesses, and
spur domestic job growth and economic development.
Tragically, on April 3, 1996, while on an official
Department of Commerce trade mission, Secretary Brown and 34
others were killed in an airplane crash in Croatia. The
Department of State had requested that Secretary Brown
personally undertake the trade mission to highlight and find
opportunities for U.S. businesses to boost economic
reconstruction of the war torn region of former Yugoslavia. The
trip itinerary included stops in Zagreb, the capital of
Croatia; visiting American troops in Tuzla, Bosnia-Herzegovina;
and Sarajevo, the capital of Bosnia. The trade mission was on
its way to Dubrovnik, Croatia, when the plane crashed on the
coast of the Adriatic Sea.
Throughout his life, Secretary Brown broke many barriers.
He was the first African-American to serve as Secretary of
Commerce and the first African-American Chairman of a national
political party.
To Designate the Federally Occupied Building Located at McKinley Avenue
and Third Street, SW., Canton, Ohio, as the ``Ralph Regula Federal
Building and US Courthouse''
Public Law 111-74
(H.R. 1687)
October 19, 2009
This law designates the Federally-occupied building located
at McKinley Avenue and Third Street, SW., Canton, Ohio, as the
``Ralph Regula Federal Building and United States Courthouse''.
Representative Ralph Regula represented Ohio's 16th
Congressional District from January 3, 1973, to January 3,
2009. Ralph Strauss Regula was born in Beach City, Ohio, on
December 3, 1924. After high school, Representative Regula
served in the United States Navy during World War II. Regula
later went on to earn a Bachelor of Arts degree from Mount
Union College in 1948, and then graduated from the William
McKinley School of Law in Canton, Ohio in 1952.
Representative Regula served in many different capacities
during his long tenure in public service. He was a member of
the Ohio state board of education from 1960-1964, and was then
elected to the Ohio state House of Representatives from 1965-
1967 and subsequently served in the Ohio state Senate from
1967-1972. Regula was then elected to the U.S. House of
Representatives in the 93rd Congress, and served for 36 years.
Representative Regula, one of the longest serving
Republican members of Congress, retired at the end of the 110th
Congress after a career of nearly 50 years of public service.
He is married to Mary Regula, and has three children and four
grandchildren.
To Designate the United States Courthouse Located at 525 Magoffin
Avenue in El Paso, Texas, as the ``Albert Armendariz, Sr., United
States Courthouse''
Public Law 111-75
(H.R. 2053)
October 19, 2009
This law designates the United States courthouse located at
525 Magoffin Avenue in El Paso, Texas, as the ``Albert
Armendariz, Sr., United States Courthouse''. Judge Albert
Armendariz, Sr., had a long and distinguished career of public
service. Albert Armendariz was born on August 11, 1919, in El
Paso, Texas. After graduating from high school in 1934, Judge
Armendariz joined the United States Army and served in World
War II. After he left the U.S. Army, Armendariz used the GI
Bill to continue his education. He later graduated from the
University of Texas at El Paso and then the University of
Southern California (USC) Law School, where he was the only
Mexican-American in attendance. After graduating from the USC
law school in 1950, Judge Armendariz returned to El Paso,
Texas.
Early in his career Judge Armendariz tackled discrimination
head on while serving on the El Paso Civil Service Commission,
pushing the agency to end discrimination against Latino
applicants for civil service positions. Perhaps his most
lasting legacy will be his work on Hernandez v. The State of
Texas, which established Latinos as a class entitled to
protection under the 14th amendment of the U.S. Constitution.
From 1976 to 1985, he was an immigration judge (special
inquiry officer) with the U.S. Department of Justice and was
appointed to, and served on, the Texas Court of Appeals from
July 2, 1986, until November 30, 1986.
In addition to his service in government, Judge Armendariz
also found time to serve in leadership positions in influential
civic organizations. Judge Armendariz served as National
President of the League of United Latin American Citizens
during the 1950s and fought school segregation and
discrimination. Judge Armendariz also helped to form the
influential Mexican American Legal Defense & Education Fund in
1968. Judge Armendariz had a never-ending passion for service
to his community, and practiced law until his death at age 88
on October 4, 2007.
To Designate the Federal Building Located at 844 North Rush Street in
Chicago, Illinois, as the ``William O. Lipinski Federal Building''
Public Law 111-77
(H.R. 2498)
October 19, 2009
This law designates the Federal building located at 844
North Rush Street in Chicago, Illinois, as the ``William O.
Lipinski Federal Building''. Former Representative William O.
Lipinski was a leader on transportation issues while he
represented the 3rd and 5th Congressional Districts of
Illinois. Representative Lipinski was born in Chicago on
December 22, 1937. He attended Loras College in Dubuque, Iowa,
and served in the United States Army Reserves from 1961 to
1967.
After serving in the armed forces, Representative Lipinski
held several different public service positions in Chicago,
Illinois, including working at the Chicago Park District for
over 17 years.
He was an Alderman in Chicago, a city councilman, and held
several different positions within the Democratic Party in
Chicago. Representative Lipinski was elected to Congress in
1982, and served until 2005.
Representative Lipinski was a leader on the Committee on
Transportation and Infrastructure throughout his tenure in
Congress. He served as the senior Democrat on the Subcommittee
on Railroads, the Subcommittee on Aviation, and the
Subcommittee on Highways and Transit. He strongly advocated for
transportation and connectivity issues in his district, whether
it was providing a local airport with access for financing for
infrastructure improvement or providing public transit options
to areas in his Congressional district that lacked access.
Representative Lipinski also played a large role in national
transportation policy by taking leadership roles in the past
two transportation authorization bills that provided funding
for local priorities in highways, highway safety, public
transit, and surface transportation programs.
Representative William O. Lipinski retired in 2005, and was
succeeded by his son, Representative Daniel Lipinski.
To Designate the United States Courthouse Located at 301 Simonton
Street in Key West, Florida, as the ``Sidney M. Aronovitz United States
Courthouse''
Public Law 111-78
(H.R. 2913)
October 19, 2009
This law designates the United States courthouse located at
301 Simonton Street in Key West, Florida, as the ``Sidney M.
Aronovitz United States Courthouse''. Judge Sidney M. Aronovitz
served as a U.S. District Court Judge for the Southern District
of Florida for 21 years. Aronovitz was born in Key West,
Florida, on June 20, 1920. After graduating from Key West High
School in 1937, he attended the University of Florida where he
was awarded a Bachelor of Arts degree in 1942, and a law
degree, with honors, in 1943. Aronovitz went on to serve as a
U.S. Army Captain from 1943-1946, earning multiple
distinctions, including a Bronze Star.
Between 1943 and 1976, Aronovitz served as a lawyer in
private practice in Miami, Florida. He also served as a City
Commissioner from 1962 to 1966, holding the position of Vice-
Mayor in 1965. In 1976, President Gerald Ford nominated Sidney
M. Aronovitz to serve as a U.S. District Court Judge for the
Southern District of Florida.
Judge Aronovitz was commissioned on September 21, 1976, and
served as a U.S. District Court Judge until his death in 1997.
In addition, he periodically sat on the U.S. Court of Appeals,
11th Circuit, and served on the U.S. Foreign Intelligence
Surveillance Court from 1988 to 1992. During his time on the
bench, Judge Aronovitz presided over some of Miami's most
colorful and complex cases.
Outside of the courtroom, Judge Aronovitz helped form
numerous educational, religious, and health organizations in
Dade County, Florida. The Judge Sidney M. Aronovitz Memorial
Scholarship was formed in his honor, and is awarded yearly to
minority students in Southern Florida wishing to continue their
education.
To Designate the United States Department of the Interior Building in
Washington, District of Columbia, as the ``Stewart Lee Udall Department
of the Interior Building''
Public Law 111-176
(H.R. 5128)
June 8, 2010
This law designates the United States Department of the
Interior Building located at 1849 C Street, Northwest, in
Washington, District of Columbia, as the ``Stewart Lee Udall
Department of the Interior Building''. Stewart Lee Udall was
born in St. Johns, Arizona, on January 31, 1920. He is the son
of Levi S. Udall, former Arizona Supreme Court Justice, and
Louise Lee Udall. He attended the University of Arizona, during
which he spent two years as a Mormon missionary. During World
War II, Stewart L. Udall served as a gunner in the United
States Air Force in the European theater. Upon returning to the
University of Arizona after his military service, he received
his law degree in 1948. Two years after graduation, Stewart L.
Udall opened a law firm in Tucson, Arizona, with his brother
Morris, who would later serve as a Member of Congress.
Stewart L. Udall was elected to the U.S. House of
Representatives and served on the Committee on Interior and
Insular Affairs (1955-1960) and the Committee on Education and
Labor (1955-1960).
President John F. Kennedy appointed Representative Udall as
Secretary of the Interior and he served in that position for
nine years (1961-1969). Secretary Udall's leadership at the
Department of the Interior was instrumental in crafting the
Wilderness Act, the Wild and Scenic Rivers Act, and in the
creation of the Land and Water Conservation Fund. His
leadership also led to the expansion of the National Park
system to include four new national parks, six new national
monuments, eight seashores and lakeshores, nine recreation
areas, 20 historic sites, and 56 wildlife refuges. Secretary
Udall was also instrumental in the passage of the National
Historic Preservation Act of 1966, the most far-reaching
preservation legislation ever enacted in the United States. He
also helped create and shape the National Register of Historic
Places, the Advisory Council on Historic Preservation, and the
Historic Preservation Fund. This framework supports nearly
every aspect of historic preservation today. After leaving
government service, Secretary Udall continued to contribute to
the nation's environmental affairs as an author, historian,
teacher, naturalist, and ambassador for the great outdoors.
To Designate the Annex Building Under Construction for the Elbert P.
Tuttle United States Court of Appeals Building in Atlanta, Georgia, as
the ``John C. Godbold Federal Building''
Public Law 111-234
(H.R. 4275)
August 16, 2010
This law designates the annex building under construction
for the Elbert P. Tuttle United States Court of Appeals
Building at 56 Forsyth Street in Atlanta, Georgia, as the
``John C. Godbold Federal Building.'' John C. Godbold was born
in 1920, in Coy, Alabama. He received a Bachelor of Science
degree from Auburn University in 1940 and attended Harvard Law
School. His study of law was put on hiatus to serve in the
armed forces during World War II. Following his service,
Godbold graduated from Harvard Law School in 1948 and entered
into private practice in Montgomery, Alabama. In 1966, Godbold
was appointed to the U.S. Court of Appeals for the 5th Circuit
by President Lyndon B. Johnson. In 1981, he was appointed Chief
Judge of the 5th Circuit. After creation of the U.S. Court of
Appeals for the 11th Circuit in 1981, Godbold was appointed
Chief Judge of the 11th Circuit. He is the only judge to act as
Chief Judge of two Federal circuits. Beginning in 1987, he
served as director of the Federal Judicial Center for three
years before returning to the 11th Circuit for the remainder of
his life.
Judge Godbold received the 1996 Edward J. Devitt
Distinguished Service to Justice Award and honorary doctorate
degrees from Sanford, Auburn, and Stetson Universities in 1981,
1988, and 1994, respectively. His article, Twenty Pages and
Twenty Minutes--Effective Advocacy on Appeal, is widely read in
American jurisprudence. Judge Godbold passed away on December
22, 2009.
To Designate the Federally Occupied Building Located at 1220 Echelon
Parkway in Jackson, Mississippi, as the ``James Chaney, Andrew Goodman,
Michael Schwerner, and Roy K. Moore Federal Building''
Public Law 111-243
(H.R. 3562)
September 30, 2010
This law designates the Federally-occupied building located
at 1220 Echelon Parkway in Jackson, Mississippi, as the ``James
Chaney, Andrew Goodman, Michael Schwerner and Roy K. Moore
Federal Building''.
James Chaney, Andrew Goodman, and Michael Schwerner were
civil rights activists that were lynched and murdered during
the Freedom Summer of 1964. These three activists were in
Mississippi during the summer of 1964 after a week-long
training on strategies for organizing African-Americans in
Mississippi to vote. On June 21, 1964, Chaney, Goodman, and
Schwerner drove to Longdale, Mississippi to visit the site of a
burned church in Neshoba County.
The three activists were arrested by the Neshoba County
police as they were leaving the site of the burned church and
held by the police for several hours. Later, they were released
only to be rearrested shortly thereafter. After the second
arrest, a Neshoba County police officer turned the three civil
rights activists over to local members of the Ku Klux Klan. All
three activists were murdered, and their bodies were buried in
an earthen dam outside of Philadelphia, Mississippi. These
events sparked a national uproar and led the Federal Government
to call up the state's National Guard and U.S. Navy to search
for the three men. The Federal Bureau of Investigation (FBI)
flooded the state with 150 FBI Special Agents in an attempt to
solve the crime and, for the first time, an FBI office was
established in the State of Mississippi. The bodies of these
three civil rights activists were found 44 days later buried in
an earthen dam near Philadelphia, Mississippi. The FBI
eventually arrested and charged eighteen suspects of which
seven were eventually sentenced. None served more than six
years for the crime. Over 35 years later, in 2005, the case was
reopened and Edgar Ray Killen was charged and convicted of
manslaughter.
FBI Agent Roy Moore was personally picked by FBI Director
J. Edgar Hoover to lead the investigation into the deaths of
these young men. Agent Moore said the FBI would be there until
it broke the back of the Ku Klux Klan, reestablished the rule
of law at the local level, and enforced the Civil Rights Act of
1964.
The murder of Chaney, Goodman, and Schwerner proved to be a
tipping point during the civil rights era that focused the
nation's interest on racial discrimination and intimidation in
Mississippi and helped to strengthen the nation's resolve for
equal rights for all Americans. The law is all the more
significant since it names the Jackson, Mississippi FBI field
office, which was created at the behest of President Lyndon B.
Johnson as a result of this horrific crime. These young men
died in service to their country on a mission to demand that
all Americans enjoy the same rights in our democracy.
Designates the Federal Building Located at 100 North Palafox Street in
Pensacola, Florida, as the ``Winston E. Arnow Federal Building''
Public Law 111-297
(H.R. 4387)
December 14, 2010
H.R. 4387 designates the Federal building located at 100
North Palafox Street in Pensacola, Florida, as the ``Winston E.
Arnow Federal Building''. Pursuant to P.L. 108-288, the
building is currently named the ``Winston E. Arnow United
States Courthouse''. H.R. 4387 re-designates the building as a
Federal building because there is a U.S. courthouse across the
street from the Arnow building and the judiciary maintains that
having two adjacent buildings designated as courthouses is
confusing to jurors, litigants, and others.
Winston Eugene Arnow was born in Micancopy, Florida, in
1911. He attended the University of Florida and graduated with
a degree in Business Administration in 1932, and later earned a
law degree in 1933.
Mr. Arnow began his career in private practice, but took a
hiatus to serve in the U.S. Army during World War II as a major
and a member of JAG Corps. He later returned to private
practice and served as a municipal judge before President
Lyndon B. Johnson appointed him as a U.S. District Judge. Judge
Arnow served as the Chief Judge of the Northern District of
Florida, stretching from Pensacola to Gainesville, from 1969
until 1981. Judge Arnow assumed senior status in 1981 and
continued his work on the Federal bench until his death in
1994.
Judicial authorities and officials viewed Judge Arnow as
``all integrity''; he ignored criticism by doing what he
thought was the right and proper thing to do to protect civil
liberties. His name is now synonymous with the momentous civil
rights period from 1969 to 1978 in northwest Florida, because
he followed the U.S. Supreme Court mandates to ensure public
school desegregation and improved prison conditions in the
Escambia County jail. Judge Arnow ordered the Escambia school
district desegregated in 1969 and in 1978 he was responsible
for drawing up a special electoral district to ensure that the
County Commission would have at least one black member. In
1972, Judge Arnow's decision regarding the Naval Live Oaks
Reservations ended a long controversial dispute over ownership
when he declared the historic woodland in the Gulf to be owned
by the citizens of the United States. Judge Arnow also presided
over the nationally spotlighted trial of the Gainesville Eight.
To Designate the Federal Building and U.S. Courthouse Located at 515
9th Street in Rapid City, South Dakota, as the ``Andrew W. Bogue
Federal Building and United States Courthouse''
Public Law 111-298
(H.R. 5651)
December 14, 2010
This law designates the Federal building and U.S.
courthouse located at 515 9th Street in Rapid City, South
Dakota, as the ``Andrew W. Bogue Federal Building and United
States Courthouse''.
Andrew Bogue was born on May 23, 1919, in Yankton, South
Dakota. After graduating from State College in Brookings, South
Dakota, Mr. Bogue served in the U.S. Army Signal Corps during
World War II. Upon completion of his service, he attended and
graduated from the University of South Dakota Law School in
1947. He went into private practice for several years before
returning to the U.S. Army for service in the JAG Corps. After
being discharged, he served on the South Dakota Cement
Commission from 1957 until 1966. In 1967, Judge Bogue was
elected a State court judge to the Second Judicial Circuit,
where he sat for three years until his appointment as a Federal
judge.
Judge Andrew Bogue was nominated to the Federal bench by
President Richard Nixon in 1970 and served for 15 years as an
active district Federal judge before taking on senior status in
1985. Judge Bogue served as Chief Judge from 1980 to 1985. Even
after taking on senior status, Judge Bogue continued to hear
cases up until a few months before his death on June 10, 2009.
To Designate the Building Occupied by the Government Printing Office
Located at 31451 East United Avenue in Pueblo, Colorado, as the ``Frank
Evans Government Printing Office Building''
Public Law 111-299
(H.R. 5706)
December 14, 2010
This law designates the building occupied by the Government
Printing Office (GPO) located at 31451 East United Avenue in
Pueblo, Colorado, as the ``Frank Evans Government Printing
Office Building''.
Frank Edward Evans was born on September 6, 1923, in
Pueblo, Colorado. He went to school in Colorado Springs before
attending Pomona College in 1941. He disrupted his studies to
serve as a U.S. Navy pilot during World War II. After
completion of his service, Mr. Evans attended the University of
Denver, graduating with a bachelor's degree, and then received
his law degree in 1950. After graduating from law school, Evans
went into private practice in Pueblo, Colorado, and was elected
to the Colorado State House of Representatives in 1960. In
1964, Evans was elected to the U.S. House of Representatives,
where he served Colorado's 3rd Congressional District for seven
terms until his retirement in 1978. Representative Evans is
credited with bringing the Government Printing Office
Distribution Center to Pueblo, Colorado. Representative Frank
Edwards Evans died on June 8, 2010.
To Designate the Federal Building Located at 6401 Security Boulevard in
Baltimore, Maryland, Commonly Known as the Social Security
Administration Operations Building, as the ``Robert M. Ball Federal
Building''
Public Law 111-301
(H.R. 5773)
December 14, 2010
This law designates the Federal building located at 6401
Security Boulevard in Baltimore, Maryland, commonly known as
the Social Security Administration Operations Building, as the
``Robert M. Ball Federal Building''.
Commissioner Robert M. Ball was the longest-serving head of
the Social Security Administration (SSA) and one its staunchest
supporters throughout the Administration's long history.
Commissioner Ball was often described in press accounts as not
only the longest-serving Social Security Commissioner, but also
as chief advocate and defender of the SSA through the years.
Commissioner Ball joined the SSA just four years after it was
created by President Franklin D. Roosevelt.
Robert M. Ball was born in New York, New York, on March 28,
1914. He graduated from Wesleyan University in 1935 with a
Bachelor of Arts in English and in 1936 obtained a Masters
degree in Economics. Commissioner Ball got his start with the
SSA as a field assistant in New Jersey in 1939. He then began
his rise through the ranks at SSA by helping to implement the
disability insurance program beginning in 1956, orchestrating
the developments that produced the 1972 amendments to link
benefits to inflation, and helping to develop and implement
Medicare. From 1947 to 1948, he served as Staff Director for
the Senate Finance Committee's Advisory Council. After his time
on Capitol Hill, Commissioner Ball returned to the SSA and
served in several positions before he was appointed as
Commissioner by President John F. Kennedy in 1962.
Commissioner Ball went on to be appointed as Commissioner
under President Lyndon B. Johnson twice and later served under
President Richard M. Nixon. After Commissioner Ball left the
SSA, he continued to have a significant role in shaping the
program. In 1981, he served as a Member of the National
Commission on Social Security Reform, arguing for a mix of tax
increases and benefit cuts to maintain the viability of the
Social Security trust fund. Commissioner Ball remained an
outspoken opponent of any attempts to dismantle Social Security
or privatize Social Security throughout the 1990s. One
historian described Commissioner Ball as ``the major non-
Congressional player in the history of Social Security in the
period between 1950 and the present.'' Commissioner Robert M.
Ball died on January 29, 2008, and is survived by his wife of
71 years, Doris McCord Ball.
Authorizing the Use of the Capitol Grounds for the Greater Washington
Soap Box Derby
(H. Con. Res. 37)
March 12, 2009
H. Con. Res. 37 authorizes the use of the Capitol grounds
for the Greater Washington Soap Box Derby.
Authorizing the Use of the Capitol Grounds for the National Peace
Officers' Memorial Service
(H. Con. Res. 38)
May 12, 2009
H. Con. Res. 38 authorizes the use of the Capitol grounds
for the National Peace Officers' Memorial Service.
Authorizing the Use of the Capitol Grounds for the District of Columbia
Special Olympics Law Enforcement Torch Run
(H. Con. Res. 39)
March 17, 2009
H. Con. Res. 39 authorizes the use of the Capitol grounds
for the District of Columbia Special Olympics Law Enforcement
Torch Run.
Authorizing the Use of the Capitol Grounds for an Event To Honor
Military Personnel Who Have Died in Service to the United States and To
Acknowledge the Sacrifice of the Families of Those Individuals as Part
of the National Weekend of Remembrance
(H. Con. Res. 171)
August 5, 2009
H. Con. Res. 171 permits the White House Commission on
Remembrance to sponsor a free public event on the Capitol
grounds on September 26, 2009, to honor military personnel who
have died in service to the United States, and to acknowledge
the sacrifice of their families as part of the National Weekend
of Remembrance.
Authorizing the Use of the Capitol Grounds for the Greater Washington
Soap Box Derby
(H. Con. Res. 247)
May 7, 2010
H. Con. Res. 247 permits the Greater Washington Soap Box
Derby Association to sponsor soap box derby races as a free
public event on the Capitol grounds on June 19, 2010.
Authorizing the Use of the Capitol Grounds for the District of Columbia
Special Olympics Law Enforcement Torch Run
(H. Con. Res. 263)
May 7, 2010
H. Con. Res. 263 authorizes the use of the Capitol grounds
for the 25th Annual District of Columbia Special Olympics Law
Enforcement Torch Run on June 4, 2010.
Authorizing the Use of the Capitol Grounds for the National Peace
Officers' Memorial Service
(H. Con. Res. 264)
April 29, 2010
H. Con. Res. 264 permits the Grand Lodge of the Fraternal
Order of Police and its auxiliary to sponsor a free public
event, the 29th annual National Peace Officers' Memorial
Service, on the Capitol grounds on May 15, 2010, to honor the
law enforcement officers who died in the line of duty during
2009.
Commending the Heroic Efforts of the People Fighting the Floods in
North Dakota and Minnesota
(H. Res. 415)
May 12, 2009
H. Res. 415 commends the heroic efforts of the people
fighting the floods in North Dakota and Minnesota.
Expressing Condolences to the Families of the Individuals Killed During
Unusual Storms and Floods in the State of Georgia Between September 18
and 21, 2009, and Expressing Gratitude to All of the Emergency
Personnel Who Continue to Work with Unyielding Determination to Meet
the Needs of Georgia's Residents
(H. Res. 765)
September 23, 2009
H. Res. 765 extends condolences to the families of those
who lost their lives, and to families who lost their homes and
other property, in the floods in Georgia. In addition, H. Res.
765 thanks the people of Georgia and the surrounding states who
continued to work to protect people from the floodwaters, and
expresses support for Federal Emergency Management Agency
(FEMA) efforts to respond to needs of affected citizens and
communities. It also honors the emergency responders for their
bravery and sacrifice.
Honoring the Heroism of the Seven United States Agency for
International Development, Office of U.S. Foreign Disaster Assistance,
and Federal Emergency Management Agency Supported Urban Search and
Rescue Teams Deployed to Haiti From New York City, New York, Fairfax
County, Virginia, Los Angeles County, California, the City of Miami,
Florida, Miami-Dade County, Florida, and Virginia Beach, Virginia, and
Commending Their Dedication and Assistance in the Aftermath of the
January 12, 2010, Haitian Earthquake
(H. Res. 1059)
February 23, 2010
H. Res. 1059 honors the United States Agency for
International Development, Office of U.S. Foreign Disaster
Assistance, and Federal Emergency Management Agency-supported
urban search and rescue teams that were deployed to Haiti in
the aftermath of the January 12, 2010, Haitian earthquake.
Expressing the Sympathy and Condolences of the House of Representatives
to Those People Affected by the Flooding in Tennessee, Kentucky, and
Mississippi in May, 2010
(H. Res. 1337)
May 13, 2010
H. Res. 1337 expresses condolences to the families of those
who lost their lives or property as the result of flooding
beginning on May 2, 2010, in Tennessee, Kentucky, and
Mississippi. In addition, it expresses appreciation to the
people of Tennessee and the surrounding States who continue to
work to protect people from the floodwaters and aid in recovery
efforts and support to FEMA as it continues to respond to needs
of the affected communities. Finally, H. Res. 1337 honors the
emergency responders across Tennessee for their bravery and
sacrifice.
Resolution Observing the Fifth Anniversary of the Date on Which
Hurricane Rita Devastated the Coasts of Louisiana and Texas, and for
Other Purposes
(H. Res. 1583)
September 15, 2010
H. Res. 1583 observes the fifth anniversary of the date on
which Hurricane Rita devastated the coasts of Louisiana and
Texas, remembers those lost in the storm and in the process of
evacuation, recovery, and rebuilding; salutes the dedication of
the volunteers who offered assistance in support of those
affected by the storm; recognizes the progress of efforts to
rebuild the affected Gulf Coast region; commends the
persistence of the people of the States of Louisiana and Texas
following the second major hurricane to hit the Gulf Coast that
season, and reaffirms Congress' commitment to restore and renew
the Gulf Coast region.
Highways and Transit
Hiring Incentives To Restore Employment Act
Public Law 111-147
(Title IV)
(H.R. 2847)
March 18, 2010
The HIRE Act extends Federal highway, highway safety,
public transportation, motor carrier safety, surface
transportation research programs and policies authorized by
SAFETEA-LU through December 31, 2010. Authorizations for these
programs were set to expire on March 28, 2010.
Temporary Extension Act of 2010
Public Law 111-144
(H.R. 4691)
March 2, 2010
The Temporary Extension Act of 2010 extended a number of
Federal programs, including the Federal highway, highway
safety, public transportation, motor carrier safety, surface
transportation research programs, and policies authorized by
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU). These programs and
policies, which had been scheduled to expire on September 29,
2009, were extended through February 28, 2010 by three
Continuing Resolutions. The Temporary Extension Act of 2010
extends these programs and policies from the date of enactment
through March 28, 2010. Funding for these programs and policies
has subsequently been provided through passage of P.L. 111-147,
the Hiring Incentives to Restore Employment (HIRE) Act, on
March 18, 2010. Currently, these funds will continue through
December 31, 2010.
Continuing Extension Act of 2010
Public Law 111-157
(section 8)
(H.R. 4851)
(See also H.R. 4786)
April 15, 2010
This law includes a provision to compensate Federal
employees furloughed as a result of the lapse in expenditure
authority from the Highway Trust Fund beginning on February 28,
2010 at midnight and lasting through March 2, 2010. Furloughs
affected nearly 2,000 employees at the Federal Highway
Administration, the Federal Motor Carrier Safety
Administration, the National Highway Traffic Safety
Administration and the Research and Innovative Technology
Administration that are funded by the Highway Trust Fund.
This law also ratified and approved all actions taken by
Federal employees, contractors, and grantees during that period
of lapse to: (1) maintain the essential level of government
operations, services, and activities to protect life and
property; and (2) bring about orderly termination of government
functions.
Surface Transportation Extension Act of 2010, Part II
Public Law 111-322
(Title II)
(H.R. 3082)
December 22, 2010
The Surface Transportation Extension Act of 2010, Part II,
(STEA of 2010 Part II) extends--through March 4, 2011--the
authority for surface transportation programs originally
authorized under SAFETEA-LU through September 30, 2009, and
subsequently extended through December 31, 2010. Specifically,
STEA of 2010 Part II extends all the provisions of SAFETEA-LU
(or its extensions) that otherwise would have expired on or
ceased to apply after December 31, 2010.
STEA of 2010 Part II continues, through March 4, 2011, to
provide funding at fiscal year 2009 levels (as authorized in
SAFETEA-LU). This provides, for the period beginning on January
1, 2011, and ending on March 4, 2011, a total of $9.564 billion
for highway, highway safety, motor carrier safety, and transit
programs, including the following amounts: $7.500 billion for
highway programs, $1.839 billion for transit programs, $129
million for highway safety programs, and $96 million for motor
carrier safety programs. This funding will allow States and
local governments to carry out important capital and
operational programs, projects and activities, pending
enactment of a multiyear law reauthorizing the Federal surface
transportation programs.
As in prior SAFETEA-LU extensions, STEA of 2010 Part II
distributes ``bonus'' formula funds in lieu of additional
highway or transit program earmarks. The law provides each
State with a pro-rated amount of bonus funding that is equal to
the amount that the State received in fiscal year 2009 to carry
out the High Priority Projects program, Transportation
Improvements, the Maglev program, Highway Bridge Program set-
asides, Projects of National and Regional Significance, and the
National Corridor Infrastructure Improvement program. Prior
extensions distributed each State's share of these bonus funds
among six of the 13 State highway formula programs. STEA of
2010 Part II instead distributes these funds among all 13
programs. The law requires the Federal Highway Administration
to administer all bonus funds in the same manner and with the
same period of availability as other funding that the States
receive under each of these formula programs.
In addition to these provisions, STEA of 2010 Part II
extends through August 2012 the SAFETEA-LU-authorized Surface
Transportation Project Delivery Pilot Program. This program,
which was otherwise scheduled to expire in August 2011, allows
five designated States to assume many of the Secretary of
Transportation's responsibilities under the National
Environmental Policy Act. Finally, STEA of 2010 Part II grants
the Secretary of Transportation authority to implement the
results of the future strategic highway research program.
Pedestrian Safety Enhancement Act of 2010
Public Law 111-__
(S. 841)
January 2011
This law directs the Secretary of Transportation to study
and establish a motor vehicle safety standard that provides a
means of alerting blind and other pedestrians of the presence
of a motor vehicle operation for otherwise silent vehicles,
such as hybrids. The law directs $2 million of the amounts
appropriated to the Department under safety belt performance
grants to develop and implement the new standards.
Supporting the Goals of Motorcycle Safety Awareness Month
(H. Res. 269)
May 5, 2009
H. Res. 269 expresses the House of Representatives' support
for the goals of Motorcycle Safety Awareness Month and brings
much needed attention to motorcycle safety on our nation's
roadways. Motorcycles are a fuel-efficient and congestion-
decreasing mode of transportation and are a valuable component
of our transportation system. This increasingly popular mode of
transportation also requires greater attention to the safety
concerns associated with riding. Public awareness of motorcycle
safety benefits everyone that uses our nation's roadways, not
just motorcyclists, because it can lead to a decrease in car-
motorcycle crashes.
Expressing Support for Designation of November 29, 2009 as ``Drive
Safer Sunday''
(H. Res. 841)
November 17, 2009
H. Res. 841 expresses support for the designation of
November 29, 2009 as ``Drive Safer Sunday.'' This resolution
highlights the dangers posed by unsafe driving, including
distracted driving, and encourages administrators and teachers
at high schools and colleges to launch campus-wide educational
campaigns to urge students to be careful about safety when
driving. It also encourages national trucking firms to alert
their drivers to be especially focused on driving safely during
the heaviest traffic day of the year, and to publicize the
importance of the day using Citizen's Band radios and in truck
stops across the nation. Finally, this resolution urges all
Americans to use this as an opportunity to educate themselves
about highway safety and the dangers of distracted driving.
Recognizing the Grand Concourse on its 100th Anniversary as the
Preeminent Thoroughfare in the Borough of the Bronx and an Important
Nexus of Commerce and Culture for the City of New York
(H. Res. 907)
December 8, 2009
H. Res. 907 recognizes the Grand Concourse on its 100th
anniversary as the preeminent thoroughfare in the borough of
the Bronx, and its roles as an important nexus of commerce and
culture for the City of New York. Designed by Louis Aloys Risse
and opened in 1909, this tree-lined thoroughfare was first
conceived of in 1890 as a means of connecting the borough of
Manhattan to the northern Bronx. Over the course of its 100
years, the Grand Concourse has played a long-standing role in
defining the Bronx community, and serving as the central north-
south artery of the borough. For over four miles, the Grand
Concourse is lined by several parks, fountains, and other
pedestrian-friendly community treasures.
Recognizing the Florida Keys Scenic Highway on the Occasion of its
Designation as an All-American Road by the U.S. Department of
Transportation
(H. Res. 917)
March 24, 2010
H. Res. 917 recognizes the Florida Keys Scenic Highway on
the occasion of its designation as an All-American Road by the
DOT and congratulates those residents of the Florida Keys who
participated in the effort to support this designation.
Expressing Support for Designation of April as National Distracted
Driving Awareness Month
(H. Res. 1186)
March 23, 2010
H. Res. 1186 expresses support for the designation of April
as Distracted Driving Awareness month; encourages all people in
the United States to consider the lives of others on the road
and avoid distracted driving; and requests the Clerk of the
House to transmit a copy of the resolution to FocusDriven, an
advocacy group for victims of motor vehicle crashes involving
drivers using cell phones.
Railroads, Pipelines, and Hazardous Materials
Supporting the Goals and Ideals of National Train Day
(H. Res. 367)
May 6, 2009
H. Res. 367 recognizes the House of Representatives'
support for National Train Day and the contribution that trains
make to the national transportation system. May 9, 2009 is
designated as National Train Day because it marked the 140th
anniversary of the ``golden spike'' being driven into the final
tie at Promontory Summit, Utah, to complete the first
transcontinental railroad.
H. Res. 484, Expressing Support for Designation of June 10th as
``National Pipeline Safety Day''
(H. Res. 484)
June 9, 2009
H. Res. 484 expresses support for the designation of June
10th as ``National Pipeline Safety Day''; encourages State and
local governments, safety groups, industry, and other pipeline
stakeholders to promote pipeline safety; and urges individuals
across the nation to become more aware of the pipelines that
run through their communities, and to take appropriate safety
measures to prevent damage to underground pipelines.
Expressing Support for National Safe Digging Month
(H. Res. 1278)
May 5, 2010
H. Res. 1278 expresses support for the designation of April
2010 as National Safe Digging Month, and encourages all
homeowners and excavators to call 811 before conducting any
digging or excavation activities to prevent fatalities,
injuries, environmental damage, and loss of critical
infrastructure and services. According to the DOT's Pipeline
and Hazardous Materials Safety Administration, excavation
damage continues to be a leading cause of serious pipeline
incidents. More than 256,000 underground utility lines are
damaged during excavation each year in the United States; 37.5
percent of which are the result of not calling before digging.
Supporting the Goals and Ideals of National Train Day
(H. Res. 1301)
May 5, 2010
H. Res. 367 recognizes the House of Representatives'
support for National Train Day and the contribution that trains
make to the national transportation system. May 8, 2010, is
designated by Amtrak as National Train Day because it marks the
141st anniversary of passenger rail service in the United
States and commemorates the day that the first transcontinental
railroad was created. On May 10, 1869, in Promontory Summit,
Utah, the golden spike was driven into the final tie that
joined 1,776 miles of the Central Pacific and Union Pacific
railways, transforming America by creating the nation's first
transcontinental railroad.
Recognizing and Honoring the Freight Railroad Industry and Its
Employees
(H. Res. 1366)
July 27, 2010
H. Res. 1366 recognizes and honors the freight railroad
industry and its employees; recognizes its important
contributions to the national transportation system; and
supports the efforts of the freight rail industry and its
employees to continue improving safety as our nation moves
forward with developing its infrastructure.
Freight railroads have a long and important history in the
United States. As early as 1827, freight railroads have aided
in the expansion and development of this nation, its
infrastructure and its economy. The first common-carrier
railroad in North America, the Baltimore & Ohio (B&O) Railroad,
was chartered by the State of Maryland in 1827. The B&O
continued to operate until 1963, when the Chesapeake and Ohio
Railway took control of the railroad; today, it operates as
part of CSX Transportation. The B&O was preceded by a few other
freight railroads including the Granite Railway in
Massachusetts, which began operations in 1826, and the Mohawk &
Hudson Railroad in New York, which was created in 1826 and
began operations in 1831.
Since 1830, freight rail has been instrumental in bringing
American goods to markets both nationally and internationally.
Today, 43 percent of all intercity freight volume is moved by
freight rail. Over the past three decades, freight railroads
have nearly doubled the amount of cargo they ship with
virtually no increase in fuel consumption. Freight railroads
are one of the most fuel-efficient modes of transportation;
they are able to move one ton of freight 480 miles using only
one gallon of diesel fuel. One train can take 280 trucks off
the road, the equivalent of 1,100 automobiles.
Today, the freight rail industry is comprised of more than
560 railroad companies that operate on 140,000 miles of track
across the nation. Freight rail carries more than 2.2 billion
tons of freight annually. The freight rail industry employs
more than 183,000 people. Since 1980, the freight railroad
industry has reinvested $460 billion in revenue toward
equipment, maintenance, and rail expansion, which has supported
employment and economic activity throughout the United States.
For every dollar invested in freight rail capacity, the
national economy experiences $3 in economic output.
Supporting the Goals and Ideals of Railroad Retirement Day
(H. Res. 1463)
July 20, 2010
H. Res. 1463 supports the goals and ideals of Railroad
Retirement Day, as designated by the U.S. Railroad Retirement
Board; recognizes the important contributions that the rail
industry, rail workers, and railroad retirees make to the
national transportation system; and urges the people of the
United States to recognize Railroad Retirement Day (August 29,
2010) as an opportunity to celebrate the success and importance
of the railroad retirement system to America's working
families. By the beginning of its 75th year, in 2010, railroad
retirement benefits had been provided to two million retired
employees, 1.1 million spouses, and 2.4 million survivors.
Additional unemployment and sickness benefits have been paid to
railroad workers who were laid off or injured on the job.
Water Resources and Environment
To Amend the Federal Water Pollution Control Act to Clarify Federal
Responsibility for Stormwater Pollution
Public Law 111-__
(S. 3481)
January 2011
This legislation amends section 313 of the Federal Water
Pollution Control Act (Clean Water Act) to clarify that
reasonable service charges for addressing pollution from
Federal facilities include reasonable and nondiscriminatory
fees, charges, or assessments that are based on the proportion
of stormwater emanating from the facility and used to pay (or
reimburse) costs associated with any stormwater management
program.
To Modify the Date on Which the Administrator of the Environmental
Protection Agency and Applicable States May Require Permits for
Discharges From Certain Vessels
Public Law 111-215
(S. 3372)
(See also H.R. 5301)
July 30, 2010
This law extends the period during which the Administrator
of the Environmental Protection Agency (EPA) and States are
prohibited from requiring a permit under section 402 of the
Clean Water Act for discharges that are incidental to the
normal operation of certain commercial vessels. In July 2008,
Congress enacted P.L. 110-299, a two-year moratorium of
requirements that an owner or an operator of a fishing vessel
or a vessel less than 79 feet in length must obtain a Clean
Water Act permit for discharges incidental to the normal
operation of such vessel. P.L. 110-299 also required that the
EPA and the United States Coast Guard jointly conduct a study
on the impacts of such discharges on water quality. The results
of this study would guide the EPA in developing a permitting
program for these discharges. The two-year moratorium expired
on July 31, 2010. While initial study results showed that the
effects of such discharges are not benign, EPA was continuing
to evaluate the results of the study, and was not in a position
to develop and issue guidelines to properly address such
discharges. S. 3372 extends the permitting moratorium through
December 18, 2013.
To Amend the Water Resources Development Act of 2000 To Extend and
Modify the Program Allowing the Secretary of the Army To Accept and
Expend Funds Contributed by Non-Federal Public Entities To Expedite the
Evaluation of Permits, and for Other Purposes.
Public Law 111-315
(H.R. 6184)
December 18, 2010
The law amends section 214 of the Water Resources
Development Act of 2000 to extend the authority of the
Secretary of the Army to accept funds from non-Federal public
entities for the consideration of permits under the Clean Water
Act and the Rivers and Harbors Appropriation Act of 1899
through December 31, 2016. This authority was set to expire on
December 31, 2010.
In addition, this law amends the permit review authority of
section 214 to reduce the potential ``conflict of interests''
inherent in the program by: (1) clarifying that the authority
can only be used by a public entity to review permits related
to projects or activities for a public purpose; (2) requiring a
formal, higher-order review of permits considered under this
authority; and (3) ensuring that information on individual
permits reviewed under the 214 authority be made publicly
available, including on the Internet.
To Extend Through December 31, 2010, the Authority of the Secretary of
the Army To Accept and Expend Funds Contributed by Non-Federal Public
Entities To Expedite the Processing of Permits
Public Law 111-120
(H.R. 4165)
December 22, 2009
This law extends through December 31, 2010, the authority
of the Secretary of the Army to accept funds from non-Federal
public entities for the consideration of permits under the
Federal Water Pollution Control Act (Clean Water Act) and the
Rivers and Harbor Act of 1899. This authority, enacted as
section 214 of the Water Resources Development Act of 2000, was
set to expire on December 31, 2009.
Recognizing the Atlantic Intracoastal Waterway Association on the
Occasion of Its 10th Anniversary, and for Other Purposes
(H. Res. 465)
October 14, 2009
H. Res. 465 recognizes the importance of the Atlantic
Intracoastal Waterway and commends the Atlantic Intracoastal
Waterway Association on the occasion of its 10th anniversary.
Recognizing the Contributions of the National Waterways Conference on
the Occasion of Its 50th Anniversary, and for Other Purposes
(H. Res. 1639)
September 28, 2010
H. Res. 1639 recognizes the value of the U.S. Army Corps of
Engineers and its civil works mission to the economic
prosperity and sustainable environmental health of the nation;
recognizes the contributions of the National Waterways
Conference on the formulation of the nation's water resources-
related policies and programs for the Corps' civil works
mission and its advocacy for continued and increased investment
in meeting the water resources needs of the nation; and
commends the National Waterways Conference on the occasion of
its 50th anniversary.
Summary of Activities for
the Committee on Transportation and Infrastructure
In the 111th Congress, the Committee on Transportation and
Infrastructure, chaired by Representative James L. Oberstar,
with Representative John L. Mica serving as Ranking Member,
held 22 Full Committee hearings (185 witnesses and
approximately 126 hours), covering the breadth of issues within
the jurisdiction of the Committee.
The legislative and oversight activities of the Committee
are outlined in the subcommittee and oversight chapters of this
report. However, the Committee enacted several bills and
resolutions which involve the jurisdiction of multiple
subcommittees.
The Committee on Transportation and Infrastructure, in
coordination with the Committee on Appropriations, developed
H.R. 1, the American Recovery and Reinvestment Act of 2009
(Recovery Act) (P.L. 111-5) to address the greatest economic
recession since the Great Depression. The Recovery Act provided
$64.1 billion of infrastructure investment for programs within
the jurisdiction of the Committee on Transportation and
Infrastructure, including: $27.5 billion for highways and
bridges; $8.4 billion for public transit; $9.3 billion for
passenger rail; $1.5 billion for competitive surface
transportation grants; $1.3 billion for aviation; $5.26 billion
for environmental infrastructure; $4.6 billion for the U.S.
Army Corps of Engineers; $5.575 billion for Federal buildings;
$150 million for the Economic Development Administration; $210
million for Firefighter Assistance Grants; $240 million for
Coast Guard facilities and bridge alterations; and $100 million
for Maritime Administration Small Shipyard Grants. The Recovery
Act generally required these funds to be invested in ready-to-
go projects and required unprecedented transparency and
accountability provisions.
The Committee on Transportation and Infrastructure also
developed major legislation, H.R. 915, the ``FAA
Reauthorization Act of 2009'', to reauthorize the Federal
Aviation Administration (FAA) and provide $53.5 billion over
three years for FAA programs. On May 21, 2009, the House passed
H.R. 915 by a roll call vote of 277-136.
In addition, the Committee developed major legislation,
H.R. __, the ``Surface Transportation Authorization Act of
2009'', to reauthorize Federal surface transportation programs
and provide $450 billion over six years for surface
transportation programs and $50 billion for development of
high-speed rail. On June 24, 2009, the Subcommittee reported
the bill favorably to the Committee by voice vote. No further
action was taken on this legislation.
The following bills and resolutions were enacted in the
111th Congress:
Public Law 111-5, the American Recovery and
Reinvestment Act of 2009,
Public Law 111-191, to Amend the Oil
Pollution Act of 1990 to Authorize Advances from Oil
Spill Liability Trust Fund for the Deepwater Horizon
Oil Spill,
Public Law 111-__, the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011,
Public Law 111-84, the National Defense
Authorization Act for Fiscal Year 2010,
H. Res. 313, supporting the goals and ideals
of National Public Works Week,
H. Res. 722, expressing the sense of the
House of Representatives regarding the terrorist
attacks launched against the United States on September
11, 2001,
H. Res. 1085, honoring and celebrating the
contributions of African-Americans to the
transportation and infrastructure of the United States,
and
H. Res. 1610, expressing the sense of the
House of Representatives regarding the terrorist
attacks launched against the United States on September
11, 2001.
Other bills that passed the House include:
H.R. 3534, Title VII, the ``Oil Spill
Accountability and Environmental Protection Act of
2010''.
More than 85 other Committee bills and resolutions enacted
in the 111th Congress are outlined in the subcommittee chapters
of this report.
The Committee conducted active oversight and investigation
of the activities of government entities and programs under its
jurisdiction. The Committee placed a strong emphasis on
oversight and conducted numerous investigations to ensure that
Federal agencies and entities under the Committee's
jurisdiction were appropriately implementing laws and programs
consistent with statutory intent. The Committee investigated
numerous instances involving failures of Executive Branch
agencies to properly enforce regulations or appropriately
oversee the industries within their purview, as well as issues
involving agency mismanagement. The Committee investigated ways
to improve the overall operation of such agencies and eliminate
waste, fraud, abuse, or mismanagement. The Committee was deeply
committed to reviewing and altering agency programs with the
intent of ensuring that ineffective expenditures are eliminated
and that taxpayers receive the full value of every Federal
investment dollar.
The Committee aggressively reviewed program implementation
to ensure that Federal agencies, and their state and local
partners, were appropriately implementing laws consistent with
statutory intent and the best needs of the public. The
commitment is not to programs, but to the goals and objectives
that best serve the needs of the American people in an
efficient, fiscally responsible way. To that end, the Committee
developed multiple proposals to improve the operation of
government, including opportunities to reduce expenditures and
the deficit. Because many of the programs within the
Committee's jurisdiction are implemented in partnership with
state and local governments, the Committee pursued improvements
at all levels of government.
While the Committee continues to conduct oversight of
agency programs in all areas of its jurisdiction, in the 111th
Congress, the Committee focused its efforts on overseeing the
implementation of the Recovery Act.
The Recovery Act provided $64.1 billion for programs within
the jurisdiction of the Committee on Transportation and
Infrastructure, including $38 billion for highway, transit, and
wastewater infrastructure formula programs. Following enactment
of the Recovery Act, the Committee performed vigorous
oversight, to ensure that the funds provided were invested
quickly, efficiently, and in harmony with the job-creating
purposes of the Act.
Just 10 days following enactment of the Recovery Act, the
Committee requested monthly reports from States, major public
transit agencies, and metropolitan planning organizations on
the use of highway, transit, and wastewater infrastructure
formula funds provided under the Recovery Act. The Committee
received those reports throughout the 111th Congress.
The Committee's request exceeded the transparency and
accountability requirements of the Recovery Act, expanding the
scope of programs covered by the reporting requirements, and
accelerating the deadline by which information was reported.
These reports included information on the number of projects
that have been put out to bid, are under contract and under
way, and have been completed. The information also included job
hours created or saved and payroll figures. The Committee also
received monthly reports from Federal agencies implementing
Recovery Act programs under the Committee's jurisdiction.
Beginning in April 2009, the Committee published a monthly
report reflecting this information. All released information
was published at the Recovery Act section of the Committee's
website: http://transportation.house.gov.
Of the $38 billion available for highway, transit, and
wastewater infrastructure formula program projects under the
Recovery Act, as of November 30, 2010, $35.8 billion (94
percent) has been put out to bid on 20,318 projects. Within
this total, 19,932 projects totaling $35 billion (92 percent)
are under contract. Across the nation, work has begun on 19,543
projects totaling $35 billion (92 percent)--work producing
badly needed jobs today. Within this total, work has been
completed on 11,316 projects totaling $10 billion (27 percent).
From these investments, not only has the economy benefited from
the jobs created, the public benefits from the improved
transportation and quality of the environment provided by the
investment.
In addition to the monthly reporting, the Committee held 19
oversight hearings on the Recovery Act since enactment of the
law. This total includes 10 Full Committee hearings and nine
subcommittee hearings. These 19 hearings included a total of
134 witnesses and spanned nearly 69 hours. The breadth of
witnesses included Secretary of Transportation Ray LaHood,
Administrator of Environmental Protection Lisa Jackson,
Assistant Secretary of the Army (Civil Works) Jo-Ellen Darcy,
as well as other Federal, state, and local government
officials, economists, private industry leaders, and workers
actively engaged in implementing the Recovery Act.
Public Laws and Resolutions
American Recovery and Reinvestment Act of 2009
Public Law 111-5
(H.R. 1)
February 17, 2009
The American Recovery and Reinvestment Act (Recovery Act)
(P.L. 111-5) provided $64.1 billion of infrastructure
investment for programs within the jurisdiction of the
Committee on Transportation and Infrastructure, including:
$27.5 billion for highways and bridges; $8.4 billion for public
transit; $9.3 billion for passenger rail; $1.5 billion for
competitive surface transportation grants; $1.3 billion for
aviation; $5.26 billion for environmental infrastructure; $4.6
billion for the U.S. Army Corps of Engineers; $5.575 billion
for Federal buildings; $150 million for the Economic
Development Administration; $210 million for Firefighter
Assistance Grants; $240 million for Coast Guard facilities and
bridge alterations; and $100 million for Maritime
Administration Small Shipyard Grants.
The Recovery Act generally required these funds to be
invested in ready-to-go projects. Section 1602 of the Recovery
Act required States and other grant recipients to give
preference to projects that could be started and completed
expeditiously, including a goal of using at least 50 percent of
the funds for projects that could be initiated not later than
120 days (June 17, 2009) after the date of enactment. In
addition, several transportation programs had specific
deadlines to invest a percentage of the funds. For example, for
Federal-aid Highway formula funds, 50 percent of State-
administered funds had to be obligated within 120 days (June
30, 2009) of the date of apportionment and all funds had to be
obligated within one year (March 2, 2010) of the date of
apportionment. For transit formula grants, 50 percent of funds
had to be obligated within 180 days (September 1, 2009) of the
date of apportionment and all funds had to be obligated within
one year (March 5, 2010) of the date of apportionment. Funding
provided for passenger rail also had to be obligated by a
specified date. The $8 billion provided for development of
high-speed and intercity passenger rail must be obligated by
September 30, 2014, and the $1.3 billion provided for capital
improvements to the National Railroad Passenger Corporation
(Amtrak) had to be obligated by September 30, 2010, with the
exception of $5 million provided to the Amtrak Office of
Inspector General which remains available through September 30,
2013.
The Recovery Act created ``green collar'' jobs and invested
in projects that decreased our dependence on foreign oil and
addressed global climate change. The Act provided $4.5 billion
for High-Performance Green Federal buildings to fund projects
that incorporate energy and water conservation elements, such
as installing photovoltaic roofs and geothermal technology. In
addition, the Recovery Act provided a significant investment in
public transit, high-speed rail, intercity passenger rail, and
Amtrak projects to provide alternatives to traveling by car,
and help public transit and intercity passenger rail providers
increase the percentage of their fleets that are alternative
fuel vehicles. Finally, the Recovery Act directed that 20
percent of each State's Clean Water State Revolving Fund
allotment be used for investments in energy and water efficient
techniques and technologies (i.e., green infrastructure). The
Recovery Act also required the steel, iron, and manufactured
goods for these projects to be produced in the United States.
The Recovery Act required the Governor of each State to
certify that: the State would request and use funds provided by
the Recovery Act and the funds would be used to create jobs and
promote economic growth; the State would maintain its effort
with regard to State funding for transportation projects; and
the Governor accepted responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars.
Finally, the Recovery Act ensured transparency and
accountability by including regular reporting requirements to
track the use of the funds, State investments, and the
estimated number of jobs created or sustained. Pursuant to
section 1512 of the Act, States and other direct grant
recipients provided quarterly reports (beginning October 10,
2009) to the Federal agency that provided the funds on the
total amount of recovery funds received; the amount of such
funds that were expended or obligated; a detailed list of all
projects or activities for which recovery funds were expended
or obligated, including the name and description of the
project, an evaluation of the completion status of the project,
and an estimate of the number of jobs created or sustained by
the project; and, for infrastructure investments made by State
and local governments, the purpose, total cost, and rationale
of the agency for funding the infrastructure investment. This
information was made publicly available through Recovery.gov.
Section 1201 of the Recovery Act required additional
reporting requirements for funds administered by the U.S.
Department of Transportation (DOT). Under this provision, each
State and other grant recipient submitted periodic reports to
DOT on the use of Recovery Act funds provided for highway,
public transit, rail, surface transportation, airport, and
maritime programs. The States and other grant recipients
reported: the amount of Federal funds obligated and outlayed;
the number of projects that have been put out to bid, and the
amount of Federal funds associated with such projects; the
number of projects for which contracts have been awarded, and
the amount of Federal funds associated with such projects; the
number of projects for which work has begun under such
contracts and the amount of Federal funds associated with such
contracts; the number of projects for which work has been
completed under such contracts and the amount of Federal funds
associated with such contracts; the number of direct, on-
project jobs created or sustained by the Federal funds provided
and, to the extent possible, the estimated indirect jobs
created or sustained in the associated supplying industries,
including the number of job-years created and the total
increase in employment since the date of enactment; and
information tracking the actual aggregate expenditures by each
grant recipient from State sources for projects eligible for
funding under the program during the period from the date of
enactment through September 30, 2010, compared to the level of
expenditures that were planned to occur during such period as
of the date of enactment.
To Amend the Oil Pollution Act of 1990 to Authorize Advances From Oil
Spill Liability Trust Fund for the Deepwater Horizon Oil Spill
Public Law 111-191
(S. 3473)
June 15, 2010
This law amends the Oil Pollution Act of 1990 to exempt
advances to the Coast Guard in connection with the explosion
on, and sinking of, the mobile offshore drilling unit Deepwater
Horizon from the requirement that amounts in the Oil Spill
Liability Trust Fund (Fund) be available only as provided in
annual appropriations acts. P.L. 111-191 limits such advances
to a maximum of $100 million each, with the total amount for
all advances subject to the limits of existing law (i.e., not
to exceed $1 billion for any single incident and $500 million
for natural resource damage assessments and claims for any
single incident, provided that, except in the case of payments
of removal costs, an advance may be made only if the amount in
the Fund after such advance will not be less than $30 million).
The Coast Guard is required to notify Congress within seven
days of the amount advanced and the facts and circumstances
necessitating the advance.
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Public Law 111-__
(H.R. 6523)
January 2011
Aviation
Section 358 requires the Secretary of Defense to take
certain actions to expedite Department of Defense (DOD) review
of new infrastructure projects that may have an adverse impact
on military operations and readiness. Specifically, this
requires the designation of a senior official and a lead
organization at DOD to coordinate the Department's review of
applications for projects filed with the Secretary of
Transportation pursuant to section 44718 of title 49, United
States Code (regarding the impact of the construction,
alteration, establishment, or expansion, of a structure that
may result in an obstruction of the navigable airspace or an
interference with air navigation facilities and equipment or
the navigable airspace). Within 180 days, the designated
official and lead organization at DOD must: conduct a
preliminary review and assessment of any pending project
applications; develop an integrated review process to ensure
timely notification and consideration of project applications
that may have an adverse impact on military operations and
readiness; establish procedures for DOD to coordinate
consideration of and response to a request for a review
received from State and local officials or renewable energy
project developers; and develop procedures for conducting early
outreach to parties carrying out such projects. DOD is required
to have a strategy in place within 270 days to take the same
steps with respect to any future project applications filed
with the Department of Transportation (DOT). For projects where
DOD is concerned about potential impacts on military readiness,
this section requires DOD to conduct its hazard assessment
within 30 days of receiving an application from DOT. This
section clarifies that the DOD hazard assessment shall not be
considered a substitute for any assessment or determination
required by the Federal Aviation Administration under current
law.
Water Resources and Environment
Sections 311 and 312 provide the Secretary of Defense the
authority to transfer funds to the Hazardous Substance
Superfund. Section 311 authorizes a reimbursement of the
Environmental Protection Agency (EPA) for costs incurred
related to response activities performed at the Twin Cities
Army Ammunition Plant, Minnesota. Section 312 authorizes funds
to pay a penalty assessed by the EPA against Naval Air Station,
Brunswick, Maine, for the failure of the Navy to sample certain
monitoring wells in a timely manner.
Section 2815 requires the Secretary of Defense, within 270
days, to conduct a study relating to the presence of unexploded
ordnance in a portion of the former bombardment area at Culebra
Island, Puerto Rico. The Secretary is specifically directed to
examine any threats to public health or safety and the
environment from unexploded ordnance.
Section 2822 authorizes the Secretary of Defense to convey
to the Guam Waterworks Authority all right, title, and interest
of the United States in and to the water and wastewater
treatment utility systems on Guam, including the Fena
Reservoir, for the purpose of establishing an integrated water
and wastewater treatment system on Guam.
Coast Guard and Maritime Transportation
The bill also contains several sections affecting the
United States Coast Guard, including provisions that increase
the annual pay and alter benefits eligibility for Coast Guard
men and women.
National Defense Authorization Act for Fiscal Year 2010
Public Law 111-84
(H.R. 2647)
October 28, 2009
Aviation
Section 935 requires the Secretary of Transportation and
the Secretary of Defense to create a joint plan to accommodate
Department of Defense (DOD) unmanned aircraft systems in the
national airspace.
Coast Guard and Maritime Transportation
Section 601 authorizes a 3.4 percent increase in basic pay
for members of the uniformed services, including the Coast
Guard.
Section 3505 requires the Secretary of Defense and the
Secretary of the Department in which the Coast Guard is
operating to prescribe non-lethal defense measures to defend
against piracy, and to require that U.S.-flagged vessels
participating in the Maritime Security Program carrying DOD
cargo and operating in an area designated by the Coast Guard as
an area of high risk of piracy be equipped with such measures.
Section 3512 directs the Secretary of Transportation,
through the Maritime Administrator, to establish a port
infrastructure development program and a port infrastructure
development fund. The provision expressly prohibits the
transfer of highway and public transit funds (made available
under title 23 or chapter 53 of title 49, United States Code)
to the port infrastructure development fund, except under very
limited circumstances.
Section 3515 authorizes the Secretary of Transportation to
establish and implement a short sea transportation grant
program for the development of marine highways.
Section 3516 requires the Secretary of Transportation to
expand the Marine View system, an information system containing
data on the nation's marine transportation system, which is
defined as the navigable water transportation system of the
U.S. including vessels, ports, shipyards, and vessel repair
facilities.
Water Resources and Environment
Section 315 authorizes the Secretary of Defense to transfer
$68,623 into the Hazardous Substance Superfund (Superfund) to
reimburse the Environmental Protection Agency (EPA) for costs
incurred overseeing a remediation at the Former Nansemond
Ordnance Depot Site, Suffolk, Virginia.
Section 2860 authorizes the Secretary of the Air Force to
convey land at Lackland Air Force Base in Texas in exchange for
real property adjacent to the property.
Supporting the Goals and Ideals of National Public Works Week
(H. Res. 313)
May 5, 2009
H. Res. 313 expresses support for the goals and ideals of
National Public Works Week. This resolution recognizes and
celebrates the important contributions that public works
professionals make to improve the public infrastructure of the
United States.
Expressing the Sense of the House of Representatives Regarding the
Terrorist Attacks Launched Against the United States on September 11,
2001
(H. Res. 722)
September 9, 2009
H. Res. 722 recognizes September 11 as both a day to mourn
and remember those taken from their loved ones and fellow
citizens, and a day for the people of the United States to
recommit to the nation and to each other. The resolution also
states that the U.S. House of Representatives extends its
deepest sympathies to the friends, families, and loved ones of
the innocent victims of the September 11, 2001 terrorist
attacks; honors the heroic service and sacrifices of first
responders, law enforcement personnel, state and local
officials, volunteers, and others who aided the victims and, in
so doing, bravely risked and often sacrificed their own lives
and health; and expresses gratitude to the foreign leaders and
citizens of all nations who continue to stand in solidarity
with the United States against the international scourge of
terrorism. The resolution also asserts, in the strongest
possible terms, that the fight against terrorism is not a war
on any nation, any people, or any faith; recognizes the heroic
service of United States personnel, including members of the
United States Armed Forces, United States intelligence
agencies, and the United States diplomatic service, and their
families, who have sacrificed much, including their lives and
health, to defend their country against terrorists; and that
the U.S. House of Representatives will continue to take
whatever actions are appropriate to defend the people of the
United States and to identify, intercept, and defeat
terrorists, including providing the United States Armed Forces,
United States intelligence agencies, and the United States
diplomatic service with the resources and support to
effectively accomplish this mission. The resolution calls on
all Americans to renew their devotion to the universal ideals
that make the nation great: freedom, pluralism, equality, and
the rule of law.
Honoring and Celebrating the Contributions of African-Americans to the
Transportation and Infrastructure of the United States
(H. Res. 1085)
February 24, 2010
H. Res. 1085 supports the goals and ideals of National
African American History Month; honors and celebrates the
important contributions that African-Americans have made
throughout history to the transportation and infrastructure of
the United States; and urges citizens and communities
throughout the United States to join with representatives of
the Federal Government to recognize the substantial
contributions that African-Americans have made and continue to
make to the nation's transportation and infrastructure systems.
Expressing the Sense of the House of Representatives Regarding the
Terrorist Attacks Launched Against the United States on September 11,
2001
(H. Res. 1610)
September 15, 2010
H. Res. 1610 recognizes September 11 as both a day to mourn
and remember those taken from their loved ones and fellow
citizens, and a day for the people of the United States to
recommit to the nation and to each other. The resolution also
states that the U.S. House of Representatives extends its
deepest sympathies to the friends, families, and loved ones of
the innocent victims of the September 11, 2001, terrorist
attacks; honors the heroic service and sacrifices of first
responders, law enforcement personnel, State and local
officials, volunteers, and others who aided the victims and, in
so doing, bravely risked and often sacrificed their own lives
and health; and expresses gratitude to the foreign leaders and
citizens of all nations who continue to stand in solidarity
with the United States against the international scourge of
terrorism. The resolution also: recognizes the heroic service
of United States personnel, including members of the Armed
Forces, intelligence agencies, the diplomatic service, the law
enforcement and homeland security communities, and their
families, who have sacrificed much, including their lives and
health, to defend their country against terrorists; states that
the U.S. House of Representatives vows that it will continue to
take whatever actions are appropriate to defend the people of
the United States and to identify, intercept, and defeat
terrorists, including providing the Armed Forces, intelligence
agencies, the diplomatic service, and the law enforcement and
homeland security communities with the resources and support
necessary to effectively accomplish this mission; and reaffirms
that the American people will never forget the sacrifices made
on and since September 11, 2001.
Other Legislation
Oil Spill Accountability and Environmental Protection Act of 2010
(H.R. 3534, Title VII)
(See also H.R. 5629)
Passed the House on July 30, 2010
H.R. 3534 provides greater efficiencies, transparency,
returns, and accountability in the administration of Federal
mineral and energy resources by consolidating administration of
various Federal energy minerals management and leasing programs
into one entity to be known as the Office of Federal Energy and
Minerals Leasing of the Department of the Interior, and for
other purposes.
Title VII, the ``Oil Spill Accountability and Environmental
Protection Act of 2010'', of H.R. 3534 removes the limitation
on liability for offshore facilities to ensure that the
responsible party or parties (e.g., British Petroleum with
respect to the Deepwater Horizon spill) will be responsible for
100 percent of the cleanup costs and damages to third parties.
This provision applies to claims brought before the date of
enactment, provided that such claims are brought within the
limitation period applicable to the claim.
In addition, Title VII: increases the level of financial
responsibility for an offshore facility to $300 million; allows
the President to require a responsible party to provide
evidence of financial responsibility that is less than $300
million under certain circumstances; and sets floors for
minimum financial responsibility of $105 million for a
deepwater facility or $30 million for a shallow water facility.
It also directs the President to review the minimum level of
financial responsibility every three years, and adjust it
upward if necessary. The bill does not change the financial
responsibility requirements for vessels, which, under current
law, are equal to the liability limitations.
Title VII of H.R. 3534 authorizes individuals to seek
compensation from responsible parties for damages to human
health resulting from a release of oil.
This legislation also requires all vessels engaged in oil
drilling activities in the U.S. Exclusive Economic Zone (EEZ)
(200-mile zone) to be U.S.-flag vessels owned by U.S. citizens.
In addition, title VII requires all offshore facilities to be
U.S. built, except under certain conditions.
Title VII of H.R. 3534 requires the safety management plan
for a Mobil Offshore Drilling Unit (MODU) to address all
activities on the vessel that may affect the seaworthiness of
the vessel in a worst-case event, and increases the knowledge
requirements for licensed masters of a MODU.
Title VII requires the Coast Guard to concur in the
Offshore Spill Response Plan (OSRP) for an offshore facility,
including the well, and clarifies the respective authorities of
the U.S. Environmental Protection Agency (EPA), the Department
of Transportation (DOT) with respect to onshore facilities, and
the Department of the Interior (DOI). In addition, this section
repeals the authority for the President to allow any tank
vessel or onshore or offshore facility to operate without an
approved OSRP.
Under Title VII, EPA is required to undertake a rulemaking
to revise the schedule for using a chemical dispersant in
connection with an oil spill, including an evaluation of the
effectiveness, toxicity, and potential human health and
environmental impacts from use of a dispersant. In addition,
title VII provides for a temporary moratorium on the use of
dispersants, except that the EPA may conditionally approve the
use of dispersants under certain circumstances.
Title VII requires the President to establish a national
database to track all releases of oil or hazardous substances
into the waters of the United States, adjoining shorelines,
into or upon the waters of the contiguous zone, or in relation
to activities on the outer Continental Shelf.
Title VII defines the respective authorities of the Coast
Guard, the EPA, DOT, and DOI and directs the heads of these
agencies to ensure that agency personnel develop and maintain
the operational capability to respond effectively to an oil
spill and to ensure the safe operation of vessels on the outer
Continental Shelf. Title VII also updates the requirements for
facility and vessel owners and operators to develop, maintain,
and update oil spill response plans, and requires the
appropriate Federal agencies to periodically review compliance
with the requirements.
Title VII authorizes specific appropriations from the Oil
Spill Liability Trust Fund for the Coast Guard, EPA, and DOT to
carry out the Act. In addition, it authorizes an end-of-year
strength for active-duty Coast Guard personnel to be increased
by 300 personnel who shall be assigned to implement the
activities required of the Coast Guard by this Act.
Finally, Title VII repeals the Clean Water Act exemption
from the stormwater permitting requirements for the
construction of oil and gas exploration and production sites.
Hearings
During the 111th Congress, the Committee on Transportation
and Infrastructure held 22 hearings.
Infrastructure Investment: Ensuring an Effective Economic Recovery
Package
On January 22, 2009, the Committee held a hearing to
receive testimony on how infrastructure investment contributes
to job creation and economic recovery. The Subcommittee
received testimony from the Governor of Wisconsin; Mayor of
Portland, Oregon; Secretary of Transportation of New York; and
other stakeholders.
This hearing served as follow-up to the Committee's October
29, 2008 hearing, in which the Committee explored three primary
reasons for enacting economic recovery legislation: (1) the
rise in construction sector unemployment; (2) the failure to
meet the nation's infrastructure needs, and (3) the
availability of ready-to-go infrastructure projects. At the
October hearing, the Committee also reviewed the findings of
the recent study of the National Surface Transportation Policy
and Revenue Study Commission, which found a significant surface
transportation investment gap, and called for an annual
investment level of between $225 billion and $340 billion--by
all levels of government and the private sector--over the next
50 years to upgrade all modes of surface transportation to a
state of good repair.
Since the October hearing, unemployment in the construction
industry had skyrocketed to 15.3 percent--the highest
unemployment rate of any industrial sector. In the context of
this national emergency, the Committee reviewed these job loss
statistics, the critical need to invest in the country's
crumbling infrastructure, and the availability of ready-to-go
projects. At this hearing, witnesses testified on the need to
increase funding levels for transportation and infrastructure
projects in economic recovery legislation and to ensure the
timely and transparent use of funds for job creation by the
summer of 2009.
The Deparment of Transportation's Disadvantaged Business Enterprise
Programs
On March 26, 2009, the Committee held a hearing to receive
testimony on the U.S. Department of Transportation's (DOT)
Disadvantaged Business Enterprises (DBE) Program. At the
hearing, the Committee received testimony from House Majority
Whip James E. Clyburn; DOT officials responsible for
administering the DBE program; an economic analyst specializing
in race and sex discrimination and its impact on businesses;
owners and executives of disadvantaged and woman-owned
businesses and concessionaires; and representatives of trade
associations representing contractors, concessionaires, and
airports. This hearing was part of the Committee's effort to
prepare for the reauthorization of Federal surface
transportation and aviation programs.
The DBE program provides women and minority contractors
with the opportunity to compete for highway, transit, and
airport construction contracts under Federally-funded
transportation programs. The DBE program was established
through a series of legislative initiatives to remedy past and
current discrimination against minority- and woman-owned small
businesses to ensure that they are provided equal opportunity
to compete for DOT-assisted highway, public transit, and
airport contracts.
At the hearing, the Committee received evidence and data
showing ongoing discrimination and barriers to entering the
marketplace faced by minority and women business owners. The
data demonstrated the difficulty facing small and disadvantaged
businesses at many points in the contracting process, including
obtaining credit, bonding, and insurance, and the need to
continue efforts to expand access to Federal highway, transit,
and airport contracts for minority- and woman-owned small
businesses.
Recovery Act: 10-Week Progress Report for Transportation and
Infrastructure Programs
On April 29, 2009, the Committee held a hearing to address
Recovery Act implementation efforts in programs across the
Committee's jurisdiction, including highways, bridges, public
transportation, rail, aviation, waterways, flood control, water
resource development, wastewater treatment facilities,
hazardous waste cleanups, economic development, and Federal
buildings. The Committee received testimony from the Secretary
of Transportation; Administrator of Environmental Protection;
Principal Deputy Assistant Secretary of the Army (Civil Works);
and Acting Administrator of General Services.
The witnesses testified about their agency's efforts to use
Recovery Act funds quickly, efficiently, and in harmony with
the job-creating purposes of the Act. At the hearing, Committee
Members reviewed for the first time the results of the
Committee's vigorous oversight, which found that as of March
31, 2009, just 42 days after President Barack Obama signed the
Recovery Act into law, 1,380 highway and transit projects
totaling $6.4 billion had been put out to bid, 1,380 projects
were already under contract, and work had begun on 263 projects
totaling $1.1 billion.
The Committee also reviewed the certifications required
under the Recovery Act. As of April 24, 2009, all 50 States,
the District of Columbia, and the five Territories had
certified that they would maintain their efforts with regard to
state funding of transportation projects, request and use all
funds provided by the Recovery Act, and use funds to create
jobs and promote economic growth. Each Governor or Chief
Executive Officer also certified that infrastructure
investments funded by the Recovery Act had received the full
review and vetting required by law and accepted responsibility
that the infrastructure investments were an appropriate use of
taxpayer dollars.
An Independent FEMA: Restoring the Nation's Capabilities for Effective
Emergency Management and Disaster Response
On May 14, 2009, the Committee held a hearing to receive
testimony on the Federal Emergency Management Agency (FEMA),
and how it has functioned since its placement in the Department
of Homeland Security (DHS). The Committee received testimony
from state and local emergency managers, floodplain managers,
and other stakeholders.
FEMA is the Federal Government's lead agency for
mitigating, preparing for, responding to, and recovering from
disasters and emergencies from all hazards, whether natural or
man-made. The agency's primary authority in carrying out these
functions is the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act) (42 U.S.C. 5121 et
seq.).
FEMA is best known for its programs that provide assistance
to communities and citizens following a major disaster. FEMA's
major programs for disaster recovery are the Public Assistance
Program and the Individual Assistance Program, also known as
the Individual and Households Program. The Public Assistance
Program reimburses state and local emergency response costs and
provides grants to state and local governments as well as
certain private non-profits to rebuild facilities. The
Individual Assistance Program provides assistance to families
and individuals impacted by disasters, including funding for
repair, rental assistance, or direct assistance (e.g.,
providing trailers and mobile homes). FEMA also provides grants
to mostly low-income families for loss of personal property, as
well as disaster-related dental, medical, and funeral costs to
individuals regardless of income. Other Individual Assistance
Program benefits include unemployment assistance, disaster food
stamps, disaster legal services, and crisis counseling. Both
before and after disasters, FEMA also provides grants to
communities to reduce the risk of future damage, hardship, and
loss from all hazards through the Pre-Disaster Mitigation
Program and the post-disaster Hazard Mitigation Grant Program,
both authorized by the Stafford Act.
Previous hearings and other information provided to the
Committee have raised concerns that changes made by DHS to FEMA
programs continue to shift FEMA's mission from all hazards to
terrorism preparedness at the expense of mitigating, preparing
for, responding to, and recovering from natural disasters and
other emergencies. For example, changes to two Federal grant
programs that previously helped build basic emergency
management and firefighting capability in communities around
the country, Emergency Management Performance Grants (EMPG) and
Fire Grants, illustrate this trend.
Since FEMA become part of DHS, the Department has attempted
to change the focus of EMPG to a terrorism preparedness program
rather than its longstanding purpose of basic emergency
management capacity building. The Department has required
States and localities to agree to spend the funds provided on
DHS-mandated planning scenarios that are focused on terrorism.
DHS has also mandated that grants be sent through state
homeland security officials (SAAs) rather than continuing the
longstanding practice of giving funds directly to emergency
managers.
To restore FEMA's core emergency management mission, on
February 25 2009, Chairman Oberstar introduced H.R. 1174, the
``FEMA Independence Act of 2009''. This legislation re-
establishes FEMA as an independent, cabinet-level agency
reporting directly to the President. An independent FEMA would
have responsibility for core emergency management programs and
functions currently administered by the agency. The bill does
not transfer any grant programs or functions, which are
currently administered by FEMA, specific to terrorism, such as
the Urban Area Security Initiative and the State Homeland
Security Grant Program. DHS would continue to lead our nation's
efforts to prevent and protect against terrorist incidents and
attacks (crisis management), and its responsibilities over
homeland security would not be affected by the bill.
Recovery Act: 120-Day Progress Report for Transportation Programs
On June 25, 2009, the Committee held a hearing to receive
testimony on Recovery Act implementation efforts in
transportations programs under the Committee's jurisdiction,
including highways, bridges, public transportation, rail, and
aviation. The Committee received testimony from DOT modal
administrators including the Administrator, Federal Aviation
Administration (FAA); Administrator, Federal Railroad
Administration (FRA); Administrator, Federal Transit
Administration (FTA); and Acting Deputy Administrator, Federal
Highway Administration (FHWA).
This hearing focused specifically on the $48.1 billion of
transportation investment for programs under the jurisdiction
of the Committee provided within the Recovery Act. As of June
15, 2009, U.S. DOT had announced its intended use for $47.5
billion and obligated $17.5 billion in Recovery Act funding.
The Committee also reviewed the use-it-or-lose-it
provisions in the Recovery Act, and explored how meeting these
deadlines would send a clear message to all Federal, state, and
local governments implementing Recovery Act projects that they
could quickly deliver transportation projects, put shovels into
the ground, and, in doing so, improve the nation's
infrastructure and lift the economy out of recession.
Specifically, the Act required that 50 percent of the highway
formula funds apportioned to States be obligated within 120
days (June 30, 2009) after the date of apportionment. All
States met this requirement. The Act also required the FAA to
award 50 percent of airport grant funds within 120 days (June
17, 2009) after the date of enactment. The FAA exceeded this
goal by awarding 66 percent of the airport grant funds by the
statutory deadline.
Recovery Act: 160-Day Progress Report for Transportation and
Infrastructure Programs
On July 31, 2009, the Committee held a hearing to receive
testimony on Recovery Act implementation efforts in
infrastructure programs under the Committee's jurisdiction,
including environmental, inland waterways, public buildings,
and highway infrastructure. The Committee received testimony
from the Acting Assistant Administrator for Administration and
Resources Management, Environmental Protection Agency (EPA);
Acting Assistant Secretary of the Army (Civil Works); Acting
Commissioner, Public Buildings Service (PBS), General Services
Administration (GSA); and Managing Director, Physical
Infrastructure Issues of the Government Accountability Office
(GAO).
This hearing explored how outlays are a lagging indicator
of Recovery Act progress. Reviewing outlays does not provide a
good sense of Recovery Act progress because transportation
projects primarily operate on a reimbursement mode. For
example, States seek reimbursement for highway projects after
construction is underway. Federal outlays, therefore, come
months after jobs are created and necessary infrastructure
projects have begun. Instead, monitoring the percentage of
allocated funds associated with projects out to bid, under
contract, and underway help the public measure the Recovery
Act's progress.
The Committee also reviewed how jobs are created when
contracts are signed, not when jobs are reported to the
Committee. In fact, job creation is not reported until at least
45 to 90 days following contract award. The Committee also
explored the distinctions between direct, indirect, and induced
jobs, and the challenges associated with measuring the latter
two categories. Direct jobs are charged directly to the
project, and include workers employed to build a facility or
upgrade equipment on-site. Indirect jobs are not charged
directly to the project but are embedded in materials costs and
include positions at companies that produce construction
materials or manufacture equipment. Induced jobs are positions
that are created or sustained when employees spend their
increased incomes on goods and services.
Concerns With Hazardous Materials Safety in the United States: Is the
Pipeline and Hazardous Materials Safety Administration Performing Its
Mission?
On September 10, 2009, the Committee on Transportation and
Infrastructure held a hearing to receive testimony on concerns
with the Pipeline and Hazardous Materials Safety
Administration's (PHMSA) oversight and management of hazardous
materials safety in the United States. The Committee received
testimony from the Deputy Secretary of Transportation;
Inspector General, U.S. Department of Transportation (DOT IG);
and other stakeholders.
At the hearing, the Committee unveiled preliminary findings
of a Majority staff investigation of PHMSA. The DOT IG released
findings of his ongoing audit of PHMSA's special permits and
approvals program. The Committee's investigation, coupled with
DOT IG findings, strongly suggests that PHMSA is not meeting
its primary safety mission.
The details of the Committee's preliminary findings are:
(1) PHMSA does not review prior incident or enforcement
histories of applicants before authorizing special permits and
approvals; (2) PHMSA does not verify whether an applicant for a
special permit or approval is (or should be) registered to
transport, or offer for transport, hazardous material in
commerce before authorizing a special permit or approval; (3)
PHMSA could not provide the necessary support for granting an
applicant's request for a special permit or approval; (4) PHMSA
largely relies on self-certification by the applicant for
special permits and approvals; (5) PHMSA allows an unlimited
number of unrelated entities to utilize special permits granted
to other parties; (6) PHMSA does not know where special permits
are being utilized; (7) PHMSA issues special permits to trade
associations and allows the association members to become
``party to'' the permit without any evaluation as to their
fitness and ability to carry out the terms and conditions of
the special permit; (8) PHMSA does not follow its own
regulations for issuing emergency special permits; (9) PHMSA
grants emergency special permits to applicants absent any
meaningful justification for a waiver of the regulations; (10)
PHMSA is pre-disposed to approving requests for special
permits, emergency special permits, and approvals; (11) there
is no process established in law for issuing approvals; (12)
PHMSA issues approvals to domestic ``agents'' representing
foreign companies to carry hazardous materials in the United
States without any evaluation of the fitness of the foreign
company; (13) investigators identified special permits that
should be incorporated in the regulations; (14) PHMSA has
failed to coordinate with the DOT modal administrations, in
particular the FAA; (15) PHMSA has largely ignored oversight
and enforcement concerns; (16) PHMSA found that 60 to 90
percent of all accidents are unreported, but little has been
done to address it; (17) contrary to its claims, PHMSA is not a
data-driven agency; (18) PHMSA developed a comprehensive plan
to address its data issues but it was never implemented; (19)
there have been concerns that PHMSA failed to maintain an arms-
length relationship with industry; and, (20) PHMSA has lost
sight of its important safety mission.
The Deputy Secretary of Transportation testified that it
was aware of the problems within PHMSA and that immediate
actions would be taken to resolve the Committee's concerns.
Recovery Act: 225-Day Progress Report For Transportation Infrastructure
Investment
On October 1, 2009, the Committee held a hearing to receive
testimony on Recovery Act implementation efforts in
transportation programs under the Committee's jurisdiction. The
Committee received testimony from Secretary of Transportation
LaHood; Director, Wyoming Department of Transportation; and
representatives of construction companies and bus
manufacturers.
The Secretary testified regarding DOT's progress in
committing Recovery Act transportation funds. The state
department of transportation witness testified about
implementing Recovery Act projects from the state perspective.
The private-sector witnesses testified about their experiences
in the private sector related to the Recovery Act.
During the hearing, witnesses testified that investment
from the private sector in our economy continued to decline. A
construction company witness testified that, although during
the previous three years his company had received one-half of
its work from the private sector and one-half of its work from
the public sector, at the time of the hearing, 98.5 percent of
his business was public sector work. The bus manufacturer
witness testified that his company had received orders for 638
buses that could be directly tied to Recovery Act funding. He
emphasized that this quantity represents approximately 30
percent of the company's annual production. According to the
witnesses, if not for the public investments in infrastructure
funded by the Recovery Act, these companies would have found
themselves in a far worse position, likely forcing massive
reductions in their workforces.
The Clean Water Act After 37 Years: Recommitting to the Protection of
the Nation's Waters
On October 15, 2009, the Committee held a hearing to
receive testimony on the Federal Water Pollution Control Act
(Clean Water Act). The Committee received testimony from EPA,
GAO, EPA's Inspector General (EPA IG), State organizations,
academia, individual citizens, and other stakeholders.
The primary focus of the hearing was on EPA's Clean Water
Act enforcement program. On September 13, 2009, the New York
Times ran a front page story detailing the systemic failure by
Federal and state governments to enforce the Clean Water Act in
recent years. According to the story, ``fewer than 3 percent of
Clean Water Act violations resulted in fines or other
significant punishments by state officials,'' and ``unchecked
pollution remains a problem in many states.''
Witnesses generally agreed that additional oversight of
Federal and State Clean Water Act compliance and enforcement
programs was warranted. According to Administrator for
Environmental Protection Jackson, EPA is ``falling short of
[the Obama] Administration's expectations for the effectiveness
of our clean water enforcement programs'' and that ``the time
is long overdue for EPA to reexamine its approach to Clean
Water Act [National Pollutant Discharge Elimination System]
enforcement to be better equipped to address the water
pollution challenges of this century.'' Administrator Jackson
noted that ``[a]dding to our challenges, recent Supreme Court
decisions have increased the difficulty of determining which
water bodies are covered by the Clean Water Act in many parts
of the country'' and that ``the Administration [believes that
this issue] can only be fixed by Congress, and must be fixed.''
At the hearing, the Administrator announced a new Clean
Water Act enforcement plan to: (1) target enforcement to the
most serious violations and the most significant sources; (2)
strengthen EPA oversight of state permitting and enforcement
programs; and (3) take immediate steps to improve transparency
and accountability.
Recovery Act: Progress Report for Transportation Infrastructure
Investment
On December 10, 2009, the Committee held a hearing to
receive testimony on Recovery Act implementation efforts in
transportation programs under the Committee's jurisdiction. The
Committee received testimony from the Deputy Secretary of
Transportation; Secretary of the Oklahoma Department of
Transportation and representing the American Association of
State Highway and Transportation Officials (AASHTO); General
Manager of the Greater Cleveland Regional Transit Authority and
representing the American Public Transportation Association
(APTA); and Managing Director, Physical Infrastructure Issues,
GAO.
During the hearing, witnesses testified that the collapse
of the private construction market and lower than anticipated
bids for Recovery Act infrastructure projects, along with State
transportation cuts and the high unemployment rate in the
construction industry, demonstrated that the construction
industry was operating far below its capacity.
The Committee also received information from AASHTO and
APTA about the availability of additional ready-to-go highway
and transit projects and the need to enact additional economic
recovery legislation with infrastructure investment. As
documented in a December 2009 AASHTO survey of State
Departments of Transportation, there were 7,497 ready-to-go
highway and bridge projects, totaling $47.3 billion.
Furthermore, according to a December 2009 APTA survey, there
were more than $15 billion of ready-to-go transit projects.
The GAO witness testified that bids for infrastructure
projects had come in much lower than expected. For example,
California, Georgia, and Texas awarded more than 90 percent of
their highway contracts for less than their cost estimates.
These lower than anticipated bids allowed States to pursue
additional projects with Recovery Act funds. In addition, a
construction industry witness also noted the overall rise in
the actual number of bidding contractors on infrastructure
projects. His finding demonstrated that there remained
substantial capacity in the private sector to construct
additional public infrastructure projects.
Recovery Act: One-Year Progress Report for Transportation and
Infrastructure Investments
On February 23, 2010, the Committee held a hearing to
receive testimony on implementation efforts of the Recovery Act
in programs across the Committee's jurisdiction. At this
Recovery Act one-year anniversary hearing, the Committee
received testimony from six Federal agencies and Amtrak
implementing programs under the Committee's jurisdiction.
EPA testified that all states met the Recovery Act
requirement that all Clean Water funds be under contract or
construction within one year of the date of enactment (February
17, 2010). DOT testified about its successful implementation of
highway, transit, aviation, and small shipyard programs. The
Committee also received testimony on DOT's recently announced
high-speed rail and Transportation Investment Generating
Economic Recovery (TIGER) grants. Secretary LaHood had recently
announced 51 TIGER grants in 40 States and the District of
Columbia, totaling $1.5 billion. DOT had also recently
announced $8 billion in Recovery Act grants to develop the
United States' first nationwide program of high-speed intercity
passenger rail service.
The Committee reviewed transparency and accountability
information submitted to the Committee directly by States,
metropolitan planning organizations (MPOs), and public transit
agencies, as of January 31, 2010. These recipients reported
that 10,348 underway highway, transit, and wastewater
infrastructure formula projects have created or sustained
nearly 300,000 direct, on-project jobs. Total employment from
these projects, which includes direct, indirect, and induced
jobs, reached over 938,000. Direct job creation from these
projects resulted in payroll expenditures of $1.5 billion. The
Committee further calculated that these direct jobs resulted in
Federal taxes paid totaling $310 million and unemployment
checks avoided worth $254 million.
The Water Resources Development Act of 2007: A Review of Implementation
in its Third Year
On March 3, 2010, the Committee held a hearing to receive
testimony on implementation of the Water Resources Development
Act of 2007 (WRDA 2007). The Committee received testimony from
Assistant Secretary of the Army (Civil Works) Jo-Ellen Darcy;
Chief of Engineers, U.S. Army Corps of Engineers (Corps); and
other stakeholders.
WRDA 2007 was enacted on November 8, 2007, over the veto of
President George W. Bush. Since that time, the Committee has
aggressively monitored the progress, or lack thereof, of the
Department of the Army and the Corps in implementing the law.
On March 3, 2010, the Majority staff of the Committee
issued a report, entitled The Water Resources Development Act
of 2007, Public Law 110-114, a Report on Implementation in the
Third Year, that described the lack of progress in implementing
WRDA 2007's key provisions. While that report described several
shortcomings in implementation of WRDA 2007, the significant
programmatic reform areas of independent review, mitigation,
and revisions to the planning principles and guidelines
received substantial attention.
At the hearing, Members discussed the report's findings
with the Assistant Secretary of the Army and Chief of Engineers
of the Corps. Several witnesses testified on the shortcomings
of WRDA 2007 implementation.
The Committee continues to work with the Army and
stakeholders to ensure that the provisions of WRDA 2007 are
implemented and that the projects authorized for construction
in that law are carried out consistent with Congressional
intent.
Recovery Act: Progress Report for Highway, Transit, and Wastewater
Infrastructure Formula Investments
On March 26, 2010, the Committee held a hearing to receive
testimony on implementation of Recovery Act transportation and
infrastructure formula programs, including highways, transit,
and wastewater infrastructure. The Committee received testimony
from the Director, Iowa Department of Transportation, and
representing AASHTO; General Manager, Des Moines Area Regional
Transit Authority, and representing APTA; Deputy Director,
Minnesota Public Facilities Authority, and representing the
Council of Infrastructure Financing Authorities;
representatives of construction companies; and construction
workers.
The Committee received testimony from state and local
officials on the successful implementation of the highway,
transit, and wastewater infrastructure formula programs. As of
the hearing date, every Recovery Act dollar available under the
Clean Water program was under contract. Furthermore, all states
and public transit agencies had obligated 100 percent of their
Recovery Act highway and transit formula funds.
The Committee also heard testimony from two workers whose
jobs were saved because of the Recovery Act. The two workers
shared their personal stories with the Committee.
The Department of Transportation's Oversight and Management of
Hazardous Materials Special Permits and Approvals
On April 22, 2010, the Committee held a hearing to receive
testimony on PHMSA's efforts to improve its special permits and
approvals programs and address the findings of the Committee
investigation of PHMSA, as outlined in the September 10, 2009
Committee hearing. The Committee received testimony from the
Deputy Secretary of Transportation; DOT IG; and other
stakeholders.
On November 4, 2009, Chairman James L. Oberstar introduced
H.R. 4016, the ``Hazardous Material Transportation Safety Act
of 2009''. As a result of the hearings and Committee
investigation, section 401 of the bill specifically addresses
shortcomings in special permits and approvals. The bill:
maintains PHMSA's ability to issue special
permits if the authorized activity is carried out in a
manner that achieves a safety level at least equal to
the safety level required under chapter 51 of title 49,
United States Code; or is consistent with the public
interest and chapter 51, if a required safety level
does not exist;
requires PHMSA to determine that an
applicant for a special permit or approval is fit,
willing, and able to conduct the activity authorized by
the special permit or approval in a safe manner. In
making the determination, the Secretary will consider
the applicant's safety history (including prior
compliance history), accident and incident history, and
any other information that the Secretary considers
appropriate to make such a determination;
requires PHMSA to consult and coordinate
with the Federal Aviation Administration, Federal Motor
Carrier Safety Administration, and the Federal Railroad
Administration (FRA) prior to issuing a special permit
or approval;
requires PHMSA to publish all special
permits, including emergency special permits, and
approvals in the Federal Register for public review and
comment; and
authorizes PHMSA to establish a reasonable
fee for processing applications for special permits and
approvals.
The Deputy Secretary testified about the number of
improvements it had made to the special permits and approvals
programs, many of which are required under H.R. 4016. The DOT
IG testified that, although PHMSA has made progress in its
administration of special permits and approvals, substantial
work still remains.
Deepwater Horizon: Oil Spill Prevention and Response Measures and
Natural Resource Impacts
On May 19, 2010, the Committee held a hearing to receive
testimony on the Deepwater Horizon oil spill. The Committee
received testimony from Administrator of Environmental
Protection Jackson; Under Secretary of Commerce for Oceans and
Atmosphere and National Oceanic and Atmospheric Administration
(NOAA) Administrator Dr. Jane Lubchenco; Director, Minerals
Management Service (MMS); Assistant Commandant for Marine
Safety, U.S. Coast Guard; President, PB, p.l.c.; President and
Chief Executive Officer, Transocean Ltd.; and other
stakeholders.
Witnesses testified on Federal agency actions, to date, to
respond to the explosion and sinking of the Deepwater Horizon,
and to oversee the actions of the responsible party, BP, to
clean up the estimated 4.9 million barrels of oil released into
the Gulf of Mexico.
In addition, several witnesses expressed concern about the
potential long-term impacts of the oil spill on the natural
resources of the Gulf and on the lives and livelihoods of those
who rely on the sustainability of these resources. Witnesses
also expressed concern with the short- and long-term impacts
from the use of unprecedented volumes of chemical dispersants
in response to the oil spill, as well as the limited
toxicological information that exists to fully assess the risk
of use of chemical dispersants to organisms exposed to
dispersants and dispersed oil. Finally, witnesses expressed
concern with the lack of resources (from both Federal agencies
and industry) devoted to oil spill response research, including
one witness who suggested that the ``lack of knowledge limits
our ability to respond effectively to spills, and increases the
risk of damage to natural resources and the environment.''
Recovery Act: Progress Report for Infrastructure Investments
On May 26, 2010, the Committee held a hearing to receive
testimony on Recovery Act implementation of infrastructure
investments, including waterways, flood control, water resource
development, wastewater treatment facilities, hazardous waste
cleanups, economic development, and Federal buildings. The
Committee received testimony from Assistant Administrator for
Administration and Resources Management, EPA; Deputy Assistant
Secretary of the Army (Civil Works); Assistant Secretary for
Economic Development, U.S. Department of Commerce; and other
stakeholders.
The GSA witness specifically testified that contracts had
been awarded and work had begun on 406 projects worth $4.1
billion, representing 74 percent of GSA's total apportionment.
The Department of the Army explained that the Corps had
obligated $3.5 billion for 791 Recovery Act projects,
representing 77 percent of the total amount of Recovery Act
funds allocated to the Corps. The Economic Development
Administration (EDA) testified how it had awarded all grants by
September 25, 2009, and had already broken ground on 20 of 68
planned projects totaling $45 million, or 31 percent of EDA's
Recovery Act funds.
The Committee also received testimony from three private-
sector witnesses that received Recovery Act contracts. These
companies included a dredging equipment manufacturer,
construction company, and ecological design firm. All three
witnesses testified about the importance of the Recovery Act to
their business and how these funds have allowed them to create
or sustain needed employment.
Liability and Financial Responsibility for Oil Spills Under the Oil
Pollution Act of 1990 and Related Statutes
On June 9, 2010, the Committee held a hearing to receive
testimony on liability and financial responsibility for oil
spills under the Oil Pollution Act and related statutes. The
Committee received testimony from Members of Congress, Federal
agency representatives from the U.S. Department of Justice,
MMS, and the U.S. Coast Guard's National Pollution Funds
Center, representatives of the oil and insurance industries,
and other stakeholders.
Witness testimony focused on whether the current liability
limits of the Clean Water Act and Oil Pollution Act of 1990
should be increased, and whether the amount of financial
responsibility that oil-related facilities and vessels are
required to demonstrate for liabilities associated with oil
spills should be increased. The testimony also examined whether
any increases in liability limits can and should be increased
retroactively to apply to the Deepwater Horizon explosion.
The testimony from various witnesses differed on whether
and to what level liability and certificate of financial
responsibility (COFR) limits should be increased. Generally
speaking, oil and insurance industry representatives expressed
caution on raising existing limits, suggesting that individual
oil producers and the private insurance market had a limited
capacity to meet potential increases in liability limits. The
Federal agency witnesses expressed the support of the Obama
administration for ``a significant increase in liability for
offshore oil and gas developers whose actions pollute our
oceans and coastlines and threaten our wildlife and other
natural resources'' and for ``removing caps on liability for
oil companies engaged in offshore drilling.'' The
representative from the U.S. Coast Guard also testified on the
agency's support for increasing the liability limits of vessels
to facilitate ``a more equitable division of risk between the
[Oil Spill Liability Trust] Fund and responsible parties, have
a positive impact on the balance of the Fund, and reduce the
Fund's overall risk position.'' One witness suggested that the
``removal, or substantial increase, of the liability cap on
economic damages from oil spills is the most effective way to
align oil companies' incentives with the American people's
interests.''
Regarding the issue of the constitutionality of retroactive
application of increases in liability, the Department of
Justice witness testified that, although the Obama
administration formally recommended prospective application of
any increases in liability, ``there are very strong arguments
that Congress could enact legislation that would have a
retroactive effect,'' and that ``there are strong arguments
with respect to [its] constitutional defense,'' such as the
rational legislative purpose to provide adequate compensation
and cleanup of oil spills, and a questionable legal reliance on
existing liability limits by the oil industry.
Recovery Act: Progress Report for Transportation Infrastructure
Investments
On July 27, 2010, the Committee held a hearing to receive
testimony on Recovery Act implementation efforts in
transportation programs under the Committee's jurisdiction. The
Committee received testimony from Secretary of Transportation
LaHood and other stakeholders.
The Secretary testified DOT's efforts to implement programs
receiving funding under the Recovery Act. The Secretary cited
numerous examples of workers who credit their jobs to Recovery
Act transportation investments. The Secretary discussed people
who work directly at job sites, including a superintendent at a
new air traffic control tower construction project, as well as
workers whose jobs are indirectly impacted by the Recovery Act,
including the owner of a restaurant outside an Amtrak facility
that will restore rail cars to service.
Private-sector witnesses explained that the Recovery Act
allowed them to keep workers employed and avoid deep layoffs.
They also expressed their concern about the lack of a long-term
surface transportation authorization law, and encouraged
lawmakers to pass this legislation and consequently create
millions of jobs.
Enbridge Pipeline Oil Spill in Marshall, Michigan
On September 15, 2010, the Committee held a hearing to
receive testimony on the Enbridge pipeline failure that
occurred on July 25, 2010, in Marshall, Michigan. The Committee
received testimony from Administrator of Environmental
Protection Jackson; Deputy Secretary of Transportation;
Chairman, National Transportation Safety Board (NTSB); a senior
scientist of the National Institute of Environmental Health
Sciences, National Institutes of Health; President and Chief
Executive Officer, Enbridge, Inc.; residents of Battle Creek
and Marshall, Michigan; and other stakeholders.
The pipeline failure resulted in the release of an
estimated one million gallons of crude oil into Talmadge Creek
and the Kalamazoo River. The Kalamazoo River flows into Lake
Michigan.
On August 2, 2010, in response to a request from
Representative Mark H. Schauer, the Committee launched an
investigation of the Enbridge pipeline failure in Marshall,
Michigan. The Committee requested numerous documents from
Enbridge, DOT, and EPA related to the ruptured pipeline.
Committee staff also conducted nearly 100 interviews with
residents impacted by the Line 6B rupture in Marshall,
Michigan, in addition to interviews of Enbridge, Federal,
state, and local officials.
As a result of the Committee investigation, the Committee
identified numerous safety deficiencies with operation of the
pipeline, including Enbridge's failure to address numerous
volume imbalance alarms that had sounded in the days leading up
to the spill, and to address more than 329 defects on Line 6B
which required repair within 60 to 180 days under Federal
regulations.
The Committee also discovered evidence that Enbridge
pressured residents affected by the oil spill to waive their
rights to seek damages in exchange for minimal relief services
such as air purifiers or motel reimbursements and to sign
authorization forms for the release of all medical records to
the company. On September 1, 2010, Chairman James L. Oberstar
and Representative Schauer sent letters to the U.S. Department
of Justice and U.S. Department of Health and Human Services
(HHS) requesting inquiries into Enbridge's practices relating
to the liability releases and medical information forms.
Chairman Oberstar and Representative Schauer also wrote to
Enbridge regarding the allegation, and asked Enbridge to
voluntarily rescind any and all releases of full and final
settlement and any and all authorizations for releases of
medical records that had been signed pursuant to the oil spill
in Marshall, Michigan. They requested an immediate halt of
Enbridge's practice of asking residents to sign the forms, and
asked for copies of all signed forms and related materials.
On September 3, 2010, Enbridge sent a letter to Chairman
Oberstar and Representative Schauer stating that residents or
businesses that were not satisfied with the claims process or
Enbridge's approach would have the option to seek legal
recourse. Enbridge committed to reviewing its claims process
and discontinuing the use of releases that precluded the
claimant from bringing future claims for physical injuries or
medical conditions that result from the leak until Enbridge has
an opportunity to meet with the parties to the letter. Enbridge
also agreed to discontinue its efforts to obtain authorizations
for release of medical information.
In response to the Committee letter, on September 7, 2010,
Secretary of Health and Human Services Secretary Kathleen
Sebelius sent a letter to Patrick Daniel, President and Chief
Executive Officer of Enbridge, which stated that,
[if the reports were accurate that the company had] . .
. misled or coerced individuals to sign forms
authorizing the release of personal medical records to
Enbridge upon referral to a local family health center;
that these forms authorize the disclosure of an
inappropriately broad amount of medical information,
including information wholly unrelated to their current
conditions or complaints; that the form could be
directed to any provider, not only the one(s) to which
the patient has sought treatment for the potentially
oil spill-related condition; and that Enbridge has
failed to adequately inform these individuals of their
privacy rights under the Health Insurance Portability
and Accountability Act (HIPAA) . . . that the company's
actions are a deplorable affront to patients' privacy
rights.
Secretary Sebelius urged Enbridge to cease such practices
immediately. She also reported to the Committee that Enbridge's
form was not HIPAA compliant.
Witnesses from DOT, EPA, and NTSB discussed their ongoing
investigations of the pipeline rupture and efforts to ensure
cleanup of the affected areas. A panel of Michigan witnesses
testified about the significant impact of the spill on the
local community. A witness from the National Institute of
Environmental Health Sciences focused on the health impact of
oil spills.
Subsequent to the hearing, the House passed H.R. 6008, the
``Corporate Liability and Emergency Accident and Notification
Act'', as a first step toward holding pipeline operators
accountable for oil spills and requiring prompt reporting of
pipeline incidents.
Residential Through-the-Fence Agreements at Public Airports: Action to
Date and Challenges Ahead
On September 22, 2010, the Committee held a hearing to
receive testimony on the legal and safety dilemmas that have
emerged at public-use airports whose sponsors have granted an
exclusive right of airport access to the owners of residential
property adjacent to those airports. The Committee received
testimony from Representative Kurt Schrader; Acting Associate
Administrator, Office of Airports, FAA; state aviation program
managers; airport managers; and other stakeholders.
The so-called ``through-the-fence'' agreements that create
this access have created concern among some Federal, state, and
local officials because the agreements limit airport sponsors'
rights and powers to use airport land for expansion,
enhancement, and other public purposes. The officials are
concerned because residential through-the-fence agreements
encourage the use of land along airport perimeters for
residential purposes--a use that is incompatible with aviation
operations. When through-the-fence agreements prevent airport
sponsors from expanding or enhancing airports to serve public
needs, the agreements may frustrate the purpose of Federal
investment in those airports.
To date, FAA policy, as applied, has discouraged
residential through-the-fence agreements. On September 9, 2010,
the FAA published, in the Federal Register, a statement of
proposed revisions to its policy on residential through-the-
fence agreements; the proposal would preclude new residential
through-the-fence access at airports where none exists
presently and would require airport officials to take steps to
reduce the ill effects of existing through-the-fence access.
The Committee heard testimony from the FAA's Acting
Associate Administrator for Airports and state and local
airport officials regarding the legal and safety dilemmas that
have arisen by virtue of residential through-the-fence
agreements. The Acting Associate Administrator described the
FAA's efforts to reduce the unwanted effects of through-the-
fence access. The president of an airport business association
testified about the policy implications of permitting through-
the-fence access without adequate safeguards. On the other
hand, a state aviation official and a landowner who enjoys
through-the-fence access to his local airport testified about
the economic benefits that through-the-fence access provides
for local airports in some cases.
The period for public comments on the FAA's proposed policy
revisions ended on October 25, 2010. FAA officials are
reviewing the submitted comments to determine how to proceed
with the proposed revisions to the through-the-fence policy.
Recovery Act Transportation and Infrastructure Projects: Impacts on
Local Communities and Business
On September 29, 2010, the Committee held a hearing to
receive testimony on Recovery Act implementation efforts in
programs across the Committee's jurisdiction. The Committee
received testimony from the Director, Baltimore Department of
Public Works; Executive Director, Foothill Transit; Chief
Executive Officer, Community Transit; Executive Director,
Metropolitan St. Louis Sewer District, and representing the
National Association of Clean Water Agencies; Airport Director,
Northwest Arkansas Regional Airport Authority, and representing
the American Association of Airport Executives; and
construction workers.
Two workers--a Columbus, Indiana construction laborer and
an electrician at a Minnesota bus manufacturer--testified about
their work on Recovery Act projects. These workers, along with
the community leaders and business people who testified,
pointed to projects on the ground that have positively impacted
the livelihood of people and their communities.
The Committee also reviewed transparency and accountability
information submitted to the Committee directly by States,
MPOs, and public transit agencies, as of August 31, 2010. Those
recipients reported that work had begun on 18,365 projects
totaling $33.9 billion, representing 89 percent of the total
available highway, transit, and wastewater formula funds.
During the first year of implementation (February 17, 2009,
through February 28, 2010), these projects created or sustained
nearly 350,000 direct, on-project jobs. Total employment, which
includes direct, indirect, and induced jobs, reached almost 1.2
million jobs. During August 2010, the Recovery Act created or
sustained 71,000 direct, on-project jobs. Total employment in
August 2010, reached nearly 225,000 jobs. In total, direct job
creation from these formula projects had resulted in payroll
expenditures of $3.8 billion. Using this data, the Committee
calculated that $644 million in unemployment checks have been
avoided as a result of this direct job creation. Furthermore,
these direct jobs have caused nearly $780 million to be paid in
Federal taxes.
Activities and Investigations
``Reincarnated'' Motor Carriers
On August 8, 2008, a bus operated by Iguala BusMex blew a
front tire and veered off a highway near Sherman, Texas,
killing 17 members of a Vietnamese religious group. Iguala
BusMex was registered to Angel de la Torre, former owner of
Angel Tours, which the U.S. Department of Transportation (DOT)
ordered out-of-service just six weeks earlier after finding a
``total and complete breakdown of management controls.'' Within
days of the shutdown of Angel Tours, de la Torre submitted an
application to register Iguala BusMex as a new entity, using
the same address, the same vehicles, and the same drivers as
Angel Tours. The Federal Motor Carrier Safety Administration
(FMCSA) acknowledges that this practice, in which the new
carriers are alternately referred to as ``reincarnated'',
``morphed'', or ``chameleon'' carriers, is widespread
throughout the motor carrier industry. An internal FMCSA memo
from 2005 stated, ``In reviewing the history of actions
involving out of service orders for [unsatisfactory] carriers
and carriers ordered to cease operations for failure to pay
civil penalties, it has become clear a significant number of
these carriers are reincarnating or morphing into new business
entities, and continuing to operate.''
At the request of the Committee, the Government
Accountability Office (GAO) investigated the extent to which
troubled motor coach operators are able to ``reincarnate'' and
thus evade enforcement actions, skirt out-of-service orders, or
continue to operate without correcting the flagrant safety
violations that led to the company's shutdown.
In a report dated July 31, 2009, GAO identified 20 motor
coach companies that reincarnated from the 220 carriers FMCSA
placed out of service in fiscal years 2007 and 2008. This
represented about nine percent of out-of-service carriers. GAO
acknowledged that the problem is likely ``understated'' as
there was no way to identify owners who lied or purposely
provided false information on their application to hide the
reincarnation.
One of these companies had been cited by FMCSA with 78
safety violations during the two-year period. Fifteen companies
were cited for violations of the FMCSA drug and alcohol testing
rules, six were cited for driver qualification violations, and
five were operating without authority or in violation of an
out-of-service order. GAO concluded, ``[w]e believe that these
carriers reincarnated into new companies to evade fines and
avoid performing the necessary corrective actions.''
FMCSA admitted that reincarnation has been relatively
simple for carriers to do and hard for FMCSA to detect. In
August 2008, FMCSA instituted a process to identify violators
by checking applicant information against ``poor-performing
carriers'' in their database. Still, GAO found that two
carriers were able to reincarnate even with FMCSA's new vetting
process in place. FMCSA stated that once a reincarnated carrier
is identified, the agency faces legal hurdles, such as proving
corporate successorship, to deny a carrier operating authority.
Corps of Engineers Organizational Structure and Processes
The Committee has had continuing concerns that the civil
works program of the U.S. Army Corps of Engineers (Corps) is
not as efficient as it could be in the development of proposals
for and construction of projects and programs within its
jurisdiction.
To examine possible causes of these inefficiencies, the
Committee requested that GAO examine the Corps for possible
areas of improvement. There had not been an external review of
the Corps structure in decades. There are serious questions as
to whether the Corps structure, developed in the early 20th
Century, adequately addresses the needs of the nation in the
21st Century.
In preparing the report, GAO developed a historical context
for the current structure of the Corps, and conducted scores of
interviews with current and past leaders and interested
parties.
GAO made four recommendations. Although GAO was not able to
get to the level of detail necessary to address the fundamental
issue of why projects cost so much and take so long, each
recommendation was designed to improve the efficiency of the
civil works program.
The recommendations for the Corps are:
Review and revise the roles and
responsibilities of each component level of the Corps
to ensure that they are clearly articulated in agency
guidance. GAO found evidence that different levels in
the organization do not clearly understand their roles
and responsibilities.
Re-evaluate the Centers of Expertise within
the Corps and develop a process to help ensure that the
Centers are consistently used across the agency.
Centers of Expertise are intended to improve the
quality of the Corps planning process, but they are not
consistently used by Corps districts.
Determine the extent to which the agency's
technical guidance needs to be updated, create a
schedule for completing these updates, and if
additional funding is needed to accomplish these
updates, provide this information to Congress.
Work with Congress to develop a more stable
project funding approach that facilitates project
implementation and that provides more efficient and
effective use of funds. The Corps' funding process
creates inefficiencies by spreading funds among too
many ongoing projects, and by the uncertainty of
single-year appropriations.
In developing the report, GAO looked at broader
organizational issues, but made no recommendations on
addressing the number of offices, overhead, or other money and
time-saving issues. The report indicated that some of the
officials interviewed questioned whether the Corps program and
budget could continue to sustain 38 autonomous Corps districts.
America's Clean Water Foundation
Between 1998 and 2004, America's Clean Water Foundation
(ACWF), a District of Columbia-based environmental non-profit
entity, received more than $25 million in Congressionally-
designated grants to perform environmental risk assessments at
hog farms and other animal production facilities. In 2005, the
Foundation's external auditors discovered that ACWF's recently
deceased financial manager had embezzled more than $1 million
in predominantly Federal funds from the Foundation and its co-
located sister agency, the Association of State and Interstate
Water Pollution Control Administrators (ASIWPCA). This
discovery prompted the Environmental Protection Agency's
Inspector General (EPA IG) to audit the associations'
Federally-funded grants. The EPA IG found that the Foundation
was unable to provide support for the expenditure of $21
million of the $25 million in Federal funds it examined.
Ultimately, ACWF chose to disband and legally filed
articles of dissolution with the District of Columbia. As a
result, EPA was not able to recover any of the questioned costs
nor was it able to determine how the funds had been used.
The Committee was interested in determining whether the
missing funds had been used in ways that personally benefitted
the employees of the Foundation or violated the Federal
Acquisition Regulations governing use of Federal funds. As
such, the Committee requested (and subpoenaed) bank account
records, insurance policies, expense reports, expense vouchers,
payroll records, email repositories, and electronic data stored
on the associations' servers. From these data, Committee staff
identified numerous dubious expenses.
For example, staff identified questionable charges for
employee benefits, staff living expenses, entertainment,
travel, spa, and restaurant meals. The Executive Director of
ACWF simultaneously drew full-time salaries and benefits from
both ACWF and its sister association ASIWPCA, which, combined,
exceeded the salary of the Vice President of the United States.
Although both associations were located in Washington, D.C.,
and required a full-time Washington presence, the Executive
Director claimed her primary residence in a resort town on the
eastern shore of Delaware and charged the Foundation for her
weekly commuting expenses. The ACWF Board also agreed to pay
the rent and utilities for a $2,400 per month apartment in
Washington, D.C., for the Director to reside in during the
week.
Despite a lack of management oversight which allowed these
abuses and the embezzlement to occur, the Director left the
bankrupt associations with hundreds of thousands of dollars in
severance and insurance policies. She had purchased insurance
policies on her own authority without knowledge of or approval
by the Board.
As a result of the Committee's investigation, the surviving
association, ASIWPCA, has instituted numerous procedures and
policies to ensure that appropriate internal controls are in
place and that the Board is aware of and actively exercising
its oversight responsibilities. EPA has also been proactive in
auditing Federal grants and contracts, including
Congressionally-directed spending, which EPA had previously
relegated to a lower priority because of Congressional
direction on funding.
National Defense Reserve Fleet
The Committee continued its oversight of the Maritime
Administration's (MARAD) National Defense Reserve Fleet (NDRF).
MARAD maintains the NDRF, which consists of Ready Reserve Fleet
(RRF) vessels, and non-retention vessels that are not
operational due to deterioration.
When the Committee began its oversight, MARAD maintained
approximately 140 non-retention vessels that are in need of
disposal. Many of these vessels contain hazardous materials.
The vessels are located at Suisan Bay, California; James River,
Virginia; and Beaumont, Texas. MARAD has been unable to arrange
for and fund the disposal of these vessels in recent years, and
has missed deadlines for disposal set by the NDRF. In 2007,
MARAD began proceeding with ship disposal at the Virginia and
Texas locations. However, the San Francisco Bay Regional Water
Quality Control Board expressed concern that the exfoliating
paint of the vessels violated the Clean Water Act, and the
dispute resulted in legal action. In April 2010, MARAD reached
a settlement with the California plaintiffs and has begun
successfully moving ships from Suisun Bay on an agreed upon
time table. These vessels should be complete by fiscal year
2017. At this time, 46 vessels remain in California, 17 vessels
remain in Virginia, and 11 vessels remain in Texas.
Rates for Pilotage on the Great Lakes
The Committee reviewed the activities of the Coast Guard as
it relates to setting rates for pilot services on the U.S.
portion of the Great Lakes. The Coast Guard is responsible for
establishing the number of pilots that will be available on the
Great Lakes, and the rates that the pilots may charge for
services.
The Committee was provided information indicating that the
process for setting the number of pilots and rates was not
objective and transparent. A review of the process was
conducted and it revealed that the Coast Guard failed to meet
its responsibilities for setting pilotage rates in a timely
manner. The review also indicated that there likely was
personal animosity between the pilots and the Coast Guard.
Chairman James L. Oberstar informed Secretary of Homeland
Security Janet Napolitano about the failure of the Coast Guard
to meet its statutory responsibilities and called for specific
plans to rectify shortcomings. Chairman Oberstar also called on
Secretary Napolitano to ensure that future ratemakings are
transparent, fair, and objective. Finally, the Chairman noted
that the relations among Coast Guard personnel, pilots, and the
shipping community could be improved, and requested that
appropriate steps be taken to ensure that the ratemaking
process, and its implementation, proceeds as smoothly and
seamlessly as possible.
Summary of Activities for
the Subcommittee on Aviation
During the 111th Congress, the Subcommittee on Aviation,
chaired by Representative Jerry F. Costello, with
Representative Thomas E. Petri serving as Ranking Member, held
20 hearings (164 witnesses and approximately 47 hours) and 14
Members' briefings and roundtables, covering a breadth of
issues within the jurisdiction of the Subcommittee.
The Committee on Transportation and Infrastructure
developed major legislation, H.R. 3371, the ``Airline Safety
and Pilot Training Improvement Act of 2009'', to strengthen
pilot qualifications and improve airline safety. The provisions
of this bill were included in Public Law 111-216, the Airline
Safety and Federal Aviation Administration Extension Act of
2010. In addition, the Committee developed H.R. 915, the ``FAA
Reauthorization Act of 2009'', to reauthorize the Federal
Aviation Administration (FAA) and provide $53.5 billion over
three years for FAA programs. On May 21, 2009, the House passed
H.R. 915 by a roll call vote of 277-136.
In addition, the Committee developed H.R. 4714, the
``National Transportation Safety Board Reauthorization Act of
2010'', which reauthorizes the National Transportation Safety
Board (NTSB) for fiscal years (FYs) 2011 through 2014 and makes
a number of statutory changes to explicitly define the NTSB's
authority. The legislation authorizes appropriations necessary
to permit the agency to continue its critical work of
investigating and determining the causes of aviation incidents
and accidents. On September 28, 2010, the House passed H.R.
4714 passed by voice vote.
The following bills and resolutions were enacted in the
111th Congress:
Public Law 111-216, the Airline Safety and
Federal Aviation Administration Extension Act of 2010,
Public Law 111-329, the Airport and Airway
Extension Act of 2010, Part IV,
Public Law 111-249, the Airport and Airway
Extension Act of 2010, Part III,
Public Law 111-197, the Airport and Airway
Extension Act of 2010, Part II,
Public Law 111-161, the Airport and Airway
Extension Act of 2010,
Public Law 111-153, the Federal Aviation
Administration Extension Act of 2010,
Public Law 111-116, Fiscal Year 2010 Federal
Aviation Administration Extension Act, Part II,
Public Law 111-69, Fiscal Year 2010 Federal
Aviation Administration Extension Act,
Public Law 111-12, Federal Aviation
Administration Extension Act of 2009,
Public Law 111-326, to designate the airport
traffic control tower located at Spokane International
Airport in Spokane, Washington, as the ``Ray Daves
Airport Traffic Control Tower'',
S. Con. Res. 61, expressing the sense of the
Congress that general aviation pilots and industry
should be recognized for the contributions made in
response to Haiti earthquake relief efforts,
H. Res. 84, honoring the heroic actions of
the pilot, crew, and rescuers of US Airways Flight
1549,
H. Res. 183, expressing condolences to the
families, friends, and loved ones of the victims of the
crash of Continental Connection Flight 3407,
H. Res. 472, congratulating and saluting the
seventieth anniversary of the Aircraft Owners and
Pilots Association and their dedication to general
aviation, safety and the important contribution general
aviation provides to the United States,
H. Res. 508, expressing the sense of the
House of Representatives that the general aviation
industry should be recognized for its contributions to
the United States,
H. Res. 719, commending Russ Meyer on his
induction into the National Aviation Hall of Fame,
H. Res. 1284, supporting the goals and
ideals of International Learn to Fly Day,
H. Res. 1401, expressing gratitude for the
contributions that the air traffic controllers of the
United States make to keep the traveling public safe
and the airspace of the United States running
efficiently,
H. Res. 1473, supporting backcountry
airstrips and recreational aviation, and
H. Res. 1669, congratulating the National
Air Transportation Association for celebrating its 70th
anniversary.
Other bills and resolutions that passed the House include:
H.R. 915, the ``FAA Reauthorization Act of
2009'',
H.R. 4714, the ``National Transportation
Safety Board Reauthorization Act of 2010'',
H.R. 1178, directing the Comptroller General
of the United States to conduct a study on the use of
Civil Air Patrol personnel and resources to support
homeland security missions, and
H. Con. Res. 138, recognizing the 40th
anniversary of the George Bush Intercontinental Airport
in Houston, Texas.
Public Laws and Resolutions
Airline Safety and Federal Aviation Administration Extension Act of
2010
Public Law 111-216
(H.R. 5900)
(See also H.R. 3371)
August 1, 2010
The most recent long-term Federal Aviation Administration
(FAA) reauthorization act, Vision 100--Century of Aviation
Reauthorization Act (Vision 100) (P.L. 108-176), expired
September 30, 2007. In 2009, the House passed H.R. 915, the
``FAA Reauthorization Act of 2009''. In March 2010, the Senate
passed its own comprehensive FAA reauthorization act. Pending
final enactment of a long-term reauthorization bill, Congress
has passed a series of short-term acts extending the FAA's
authority to administer aviation programs and to receive tax
proceeds. The authority extended by a prior extension act, P.L.
111-197, expired August 1, 2010. Public Law 111-216 extended
that authority through September 30, 2010.
In addition, the law incorporates the provisions of H.R.
3371, the ``Airline Safety and Pilot Training Improvement Act
of 2009''. These provisions require meaningful improvements to
the safety of U.S. airline operations. The law increases pilot
training, qualifications, screening and professional
development. It establishes an FAA Task Force that will
identify aviation industry best practices regarding: pilot
training, pilot professional standards, and inter-carrier
information sharing, mentoring and other safety-related
practices. In addition, the law requires the FAA to ensure that
pilots are trained on stall recovery and upset recovery, and
that airlines provide remedial training. The law mandates that
the FAA convene a multidisciplinary panel on pilot training for
stick pusher operations (which pulls an aircraft out of a
stall), and to implement the recommendations of the panel.
Further, it requires the Secretary of Transportation to provide
an annual report to Congress on how the agency is addressing
each open National Transportation Safety Board (NTSB)
recommendation pertaining to part 121 (commercial) air
carriers.
The law requires airline pilots to hold an Airline
Transport Pilot (ATP) certificate, which requires a
prerequisite of 1,500 flight hours. Additionally, the law
mandates that the FAA raise other minimum requirements for the
ATP certificate, to include training to function effectively in
an air carrier operational environment; adverse weather
conditions, including icing; high altitude operations; and a
multi-pilot crew. It also enables the FAA to consider allowing
certain academic training to be counted towards the 1,500-hour
ATP certificate requirement. The law establishes comprehensive
pre-employment screening of prospective pilots and establishes
a pilot records database to provide airlines with fast,
electronic access to a pilot's comprehensive record. In
addition, the law requires the FAA to convene a
multidisciplinary panel on pilot training for weather events.
To address issues related to pilot fatigue, the law directs
the FAA to update and implement new pilot flight- and duty-time
rules and fatigue risk management plans to more adequately
track scientific research in the field of fatigue. The law also
studies the impact of pilots' commuting practices on fatigue
and provides preliminary results to the FAA to be considered as
part of the flight- and duty-time rulemaking.
The law emphasizes the importance of voluntary safety
programs, which create a partnership between pilots and airline
management to voluntarily disclose safety problems without fear
of punishment. It directs the FAA to develop and implement a
plan to facilitate the establishment of an Aviation Safety
Action Program and a Flight Operational Quality Assurance
program by all commercial airlines and their unions. The law
also requires the FAA to report on several of its safety
programs, including an analysis of which airlines are using the
programs; how the FAA will expand the use of the programs; and
how the FAA is using data from the programs as safety analysis
and oversight tools for aviation safety inspectors.
The law directs the Government Accountability Office (GAO)
to conduct a study of: pilot academic training requirements;
pilot education provided by accredited two- and four-year
colleges/universities; foreign academic requirements; the FAA's
oversight of flight schools; and student loan options available
to student pilots. In addition, the law requires the Department
of Transportation Inspector General (DOT IG) to study the FAA's
safety oversight tools and resources used to oversee regional
airlines. To enhance consumer transparency, the law mandates
that Internet websites that sell airline tickets disclose to
the purchaser on the first page of the website the air carrier
that operates each segment of the flight.
Airport and Airway Extension Act of 2010, Part IV
Public Law 111-329
(H.R. 6473)
December 22, 2010
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. In March 2010,
the Senate passed its own comprehensive FAA reauthorization
act. As of December 2, 2010, the House and Senate have not been
able to resolve the differences between both bills.
Pending final enactment of a long-term reauthorization
bill, Congress has passed a series of short-term acts extending
the FAA's authority to administer aviation programs and to
receive tax proceeds. The authority extended by a prior
extension act, P.L. 111-249, expires December 31, 2010. Because
work to reconcile the long-term bills passed by the House and
Senate may not be completed before the current authority for
aviation programs expires, Public Law 111-329 extends that
authority through March 31, 2011.
The Airport and Airway Extension Act of 2010, Part IV (P.L.
111-329) extends the authorization of appropriations for
aviation programs; excise taxes on aviation fuels and air
transportation of persons and property; and the expenditure
authority for the Airport and Airway Trust Fund through March
31, 2011. This legislation also extends through March 31, 2011,
various airport development projects, including: (1) the pilot
program for passenger facility fees at nonhub airports; (2)
small airport grants for airports located in the Marshall
Islands, Micronesia, and Palau; (3) state and local airport
land use compatibility projects; (4) the authority of the
Metropolitan Washington Airports Authority to apply for an
airport development grant and impose a passenger facility fee;
(5) the temporary increase to 95 percent in the government
share of certain Airport Improvement Program (AIP) project
costs; and (6) Midway Island airport development. It also
extends through March 31, 2011, AIP projects and project grant
authority, as well as the U.S. Department of Transportation
(DOT) insurance coverage for domestic and foreign-flag air
carriers. Air carrier liability limits for injuries to
passengers resulting from acts of terrorism are extended
through June 30, 2011.
Airport and Airway Extension Act of 2010, Part III
Public Law 111-249
(H.R. 6190)
September 30, 2010
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. On March 22,
2010, the Senate passed H.R. 1586, its own comprehensive
reauthorization bill. As of September 30, 2010, however, both
the House and Senate had not yet enacted reconciled, long-term
FAA reauthorization legislation.
Pending both chambers' passage of a long-term
reauthorization bill, Congress has passed a series of short-
term acts extending the FAA's authority to administer aviation
programs and to receive tax proceeds. The authority extended by
a prior extension act, P.L. 111-216, expired September 30,
2010. Public Law 111-249 extended that authority through
December 31, 2010.
Airport and Airway Extension Act of 2010, Part II
Public Law 111-197
(H.R. 5611)
July 2, 2010
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. In March, the
Senate passed its own comprehensive FAA reauthorization act.
Pending final enactment of a long-term reauthorization bill,
Congress has passed a series of short-term acts extending the
FAA's authority to administer aviation programs and to receive
tax proceeds. The authority extended by a prior extension act,
P.L. 111-197, expired July 3, 2010. Public Law 111-197 extended
that authority through August 1, 2010.
Airport and Airway Extension Act of 2010
Public Law 111-161
(H.R. 5147)
April 30, 2010
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. In March, the
Senate passed its own comprehensive FAA reauthorization act.
Pending final enactment of a long-term reauthorization bill,
Congress has passed a series of short-term acts extending the
FAA's authority to administer aviation programs and to receive
tax proceeds. The authority extended by a prior extension act,
P.L. 111-153, expired April 30, 2010. Public Law 111-161
extended that authority for another two months, through July 3,
2010.
Federal Aviation Administration Extension Act of 2010
Public Law 111-153
(H.R. 4957)
March 31, 2010
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. On March 22,
2010, the Senate passed H.R. 1586, its own comprehensive
reauthorization bill. Pending both chambers' passage of a long-
term reauthorization bill, Congress has passed a series of
short-term acts extending the FAA's authority to administer
aviation programs and to receive tax proceeds. The authority
extended by a prior extension act, P.L. 111-116, expired on
March 31, 2010. Public Law 111-153 extended the FAA's necessary
authority through April 30, 2010.
Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II
Public Law 111-116
(H.R. 4217)
December 16, 2009
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. Pending
completion of a long-term reauthorization bill, Congress has
passed a series of short-term acts extending the FAA's
authority to administer aviation programs and to receive tax
proceeds. The authority extended by a prior extension act, P.L.
111-69, expired on December 31, 2010. Public Law 111-116
extended the FAA's necessary authority through March 31, 2010.
Fiscal Year 2010 Federal Aviation Administration Extension Act
Public Law 111-69
(H.R. 3607)
October 1, 2009
The most recent long-term FAA reauthorization act, Vision
100, expired September 30, 2007. In 2009, the House passed H.R.
915, the ``FAA Reauthorization Act of 2009''. Pending
completion of a long-term reauthorization bill, Congress has
passed a series of short-term acts extending the FAA's
authority to administer aviation programs and to receive tax
proceeds. The authority extended by a prior extension act, P.L.
111-12, expired October 31, 2010. Public Law 111-69 extended
the FAA's necessary authority through December 31, 2010.
Federal Aviation Administration Extension Act of 2009
Public Law 111-12
(H.R. 1512)
March 30, 2009
The Federal Aviation Administration Extension Act of 2009
(P.L. 111-12) extends the authorization of appropriations for
aviation programs; excise taxes on aviation fuels and air
transportation of persons and property; and the expenditure
authority for the Airport and Airway Trust Fund through fiscal
year (FY) 2009. This legislation also extends through FY 2009
various airport development projects, including: (1) the pilot
program for passenger facility fees at nonhub airports; (2)
small airport grants for airports located in the Marshall
Islands, Micronesia, and Palau; (3) state and local airport
land use compatibility projects; (4) the authority of the
Metropolitan Washington Airports Authority to apply for an
airport development grant and impose a passenger facility fee;
(5) the temporary increase to 95 percent in the government
share of certain AIP project costs; and (6) Midway Island
airport development. It also extends, through FY 2009, AIP
projects and project grant authority, as well as the DOT
insurance coverage for domestic and foreign-flag air carriers.
Air carrier liability limits for injuries to passengers
resulting from acts of terrorism are extended through December
31, 2009.
To Designate the Airport Traffic Control Tower Located at Spokane
International Airport in Spokane, Washington, as the ``Ray Daves Air
Traffic Control Tower''
Public Law 111-326
(H.R. 5591)
December 22, 2010
This law designates the airport traffic control tower
located at the Spokane International Airport in Spokane,
Washington, as the ``Ray Daves Air Traffic Control Tower''. Ray
Daves was a radioman for the U.S. Navy at the Pacific Fleet
Headquarters in Oahu, Hawaii, during the Japanese attack on
Pearl Harbor. When World War II was over, Daves became a
civilian air traffic controller at Geiger Field, later known as
the Spokane International Airport, in Spokane, Washington. He
worked as an air traffic controller there from 1946 to 1974.
Expressing the Sense of the Congress That General Aviation Pilots and
Industry Should Be Recognized for the Contributions Made in Response to
Haiti Earthquake Relief Efforts
(S. Con. Res. 61)
May 12, 2010
S. Con. Res. 61 expresses the shared determination that
Congress recognizes the many contributions of general aviation
pilots and industry to the Haiti earthquake relief efforts. The
concurrent resolution further encourages the continued
generosity of general aviation pilots and operators in the
ongoing humanitarian relief efforts in Haiti.
Honoring the Heroic Actions of the Pilot, Crew, and Rescuers of US
Airways Flight 1549
(H. Res. 84)
January 26, 2009
H. Res. 84 honors the heroic actions of the pilot, crew,
and rescuers of US Airways Flight 1549, which made an emergency
landing on the Hudson River on January 15, 2009, following dual
engine failure minutes after its departure from LaGuardia
Airport. The resolution commends the skill with which Captain
Chesley B. Sullenberger III and his copilot Jeffrey B. Skiles
masterfully landed the plane on the river; as well as flight
attendants Doreen Welsh, Donna Dent, and Sheila Dail, who
quickly evacuated all 150 passengers. It also praises the U.S.
Coast Guard, police, and ferry boats, for arriving to rescue
the passengers within minutes of the accident.
Expressing Condolences to the Families, Friends, and Loved Ones of the
Victims of the Crash of Continental Connection Flight 3407
(H. Res. 183)
February 26, 2009
H. Res. 183 expresses sympathy to those who lost family,
friends, and loved ones in the tragic crash of Continental
Connection Flight 3407, operated by Colgan Air. The lives of
all 49 passengers and crew on the flight were lost on February
12, 2009, when Flight 3407 crashed in Clarence Center, New
York, about five miles outside of Buffalo. The Bombardier Dash
8-400 was en route from Newark Liberty International Airport
and it had begun its descent into Buffalo Niagara International
Airport. The plane crashed into a house on the ground, killing
one person inside as well. The resolution honors the lives that
were lost on Flight 3407 and commends the first responders,
emergency services personnel, volunteers, and air traffic
controllers for their work.
Congratulating and Saluting the Seventieth Anniversary of the Aircraft
Owners and Pilots Association (AOPA) and Their Dedication to General
Aviation, Safety and the Important Contribution General Aviation
Provides to the United States
(H. Res. 472)
June 9, 2009
H. Res. 472 congratulates and salutes the seventieth
anniversary of the Aircraft Owners and Pilots Association
(AOPA) and its dedication to general aviation and safety, and
the important contribution that general aviation provides to
the United States. In addition, the resolution commends AOPA
for: creating the Air Safety Foundation, leading the recovery
of the general aviation light aircraft manufacturing industry,
and setting the stage for the development of Next Generation
Air Transportation System by being an early proponent of the
civilian use of the global positioning system. AOPA was
incorporated on May 15, 1939, as a non-profit organization
dedicated to general aviation.
Expressing the Sense of the House of Representatives That the General
Aviation Industry Should Be Recognized for Its Contributions to the
United States
(H. Res. 508)
July 29, 2009
H. Res. 508 expresses support for the general aviation
industry, recognizes general aviation's contributions to the
United States, and encourages general aviation activity.
General aviation includes all civilian flying except scheduled
passenger airline activity. General aviation transports 170
million passengers annually, on over 230,000 aircraft. In
addition, general aviation stimulates local and regional
economies--it comprises over $150 billion in direct and
indirect economic output and supports almost 1.3 million jobs.
Commending Russ Meyer on His Induction Into the National Aviation Hall
of Fame
(H. Res. 719)
October 14, 2009
H. Res. 719 congratulates Russell W. Meyer for being
inducted into the National Aviation Hall of Fame and recognizes
his achievements and his lifetime of service to the aviation
industry. Russ Meyer received a Bachelor of Arts degree from
Yale, and Doctor of Law degree from Harvard. He went on to
serve in both the Air Force and the Marine Corps Reserves as a
fighter pilot from 1955-1961. As Cessna Aircraft Company
Chairman and Chief Executive Officer from 1975 to 2003, Meyer
advocated for the General Aviation Revitalization Act of 1994,
which limited liability for aircraft manufacturers. He also
expanded Cessna's Citation line of business jets, winning two
Collier Trophies. In 1995, he won the Wright Brothers Memorial
Trophy for his role in the creation of the Citation Special
Olympics Airlift, which coordinated hundreds of owners of
Citation aircraft to transport athletes from around the country
to the Special Olympics National Games. Meyer also helped to
develop the ``Be a Pilot Program'', which encouraged flight
training schools to offer reduced rates on introductory flight
training lessons. The ``Be a Pilot Program'' led to tens of
thousands of new pilots. On July 19, 2009, Meyer was enshrined
into the National Aviation Hall of Fame.
Supporting the Goals and Ideals of National Learn To Fly Day, and for
Other Purposes
(H. Res. 1284)
May 12, 2010
H. Res. 1284 supports the goals and ideals of National
Learn To Fly Day and recognizes the contributions of flight
instructors, flight schools, aviation groups, and industry in
promoting and teaching the nation's next generation of pilots.
Expressing Gratitude for the Contributions That the Air Traffic
Controllers of the United States Make To Keep the Traveling Public Safe
and the Airspace of the United States Running Efficiently, and for
Other Purposes
(H. Res. 1401)
July 27, 2010
Air traffic controllers are responsible for ensuring the
safety of approximately two million aviation passengers a day
by providing separation services to aircraft operating in the
national airspace system. Air traffic controllers react to
highly complex and sometimes dangerous situations on a daily
basis. In addition, they are responsible for working seven days
a week, 24 hours a day, including holidays. Due to the highly
stressful nature of the job, which requires total
concentration, air traffic controllers must retire by age 56.
Currently, more than 15,700 controllers, including those at
the FAA Academy in Oklahoma City, air traffic control
facilities, and the Air Traffic System Command Center, are
employed in the United States.
H. Res. 1401 describes nine separate incidents where
controllers saved many lives by providing excellent service in
a calm and professional manner. The resolution recognizes the
nation's air traffic controllers by expressing gratitude for
the contributions that air traffic controllers make to keep the
traveling public safe and the airspace of the United States
running efficiently. It commends air traffic controllers for
the calm and professional manner in which they ensure
separation of air traffic. H. Res. 1401 also acknowledges air
traffic controllers' heroic action, dedication, and quick and
skillful decision-making.
Furthermore, the resolution encourages greater investment
in the modernization of the nation's air traffic control system
so that air traffic controllers have the resources and
technology needed to better carry out their mission as air
travel continues to grow.
Supporting Backcountry Airstrips and Recreational Aviation
(H. Res. 1473)
September 15, 2010
H. Res. 1473 recognizes the value of recreational aviation
and backcountry airstrips located on the nation's public lands
and commends aviators and the various organizations that
maintain these airstrips for public use.
In general, a backcountry airstrip is an unattended landing
area in a location that provides access to remote, undeveloped
rural areas by aircraft, usually airplanes. Backcountry
airstrips allow enhanced access for a variety of recreational
activities, emergency services, firefighting, and land
management activities, and they provide a means of access to
remote areas for physically disadvantaged individuals who might
not otherwise be able to get to remote locations for leisure.
These airstrips also serve as efficient access points for
tourists, who in turn contribute to local economies and small
businesses. More importantly, in the event of mechanical
problems or inclement weather, they serve as emergency landing
sites for aircraft when larger airports are out of reach.
Many backcountry airstrips are privately owned. However,
several state aviation offices own and operate backcountry
airstrips, and many airstrips are owned by public agencies
involved in land management, such as the U.S. Forest Service,
National Park Service, Bureau of Land Management, and the
Bureau of Reclamation.
Congratulating the National Air Transportation Association for
Celebrating Its 70th Anniversary
(H. Res. 1669)
December 1, 2010
H. Res. 1669 recognizes National Air Transportation
Association's (NATA) historical contributions to general
aviation and congratulates NATA for celebrating its 70th
anniversary. NATA was founded on December 28, 1940, at a
critical moment in the development of general aviation in the
United States. Today, NATA represents more than 2,000 member
companies that own, operate, or service aircraft and provide
for the needs of the traveling public by offering services and
products to aircraft operators and others.
Other Legislation
FAA Reauthorization Act of 2009
(H.R. 915)
Passed the House on May 21, 2009
The bill provides $53.4 billion over three years for the
Federal Aviation Administration (FAA) and reauthorizes FAA
programs from fiscal year (FY) 2010 to FY 2012. The bill
authorizes $30.3 billion over three years for FAA operations,
including funding to hire additional safety inspectors; $12.3
billion over three years for the Airport Improvement Program
(AIP), which provides grants for projects at airports; and
$10.1 billion over three years for FAA facilities and
equipment. The bill provides for a modest increase in the
general aviation jet fuel tax rate from 21.8 cents per gallon
to 35.9 cents per gallon; and increases the aviation gasoline
tax rate from 19.3 cents per gallon to 24.1 cents per gallon to
provide for the robust capital funding required to modernize
the Air Traffic Control (ATC) system, as well as to stabilize
and strengthen the Airport and Airway Trust Fund. Moreover, the
bill increases the passenger facility charge cap to $7.00 from
$4.50 to combat inflation and to help airports meet increased
capital needs.
H.R. 915 increases the total amount authorized for the
Essential Air Service (EAS) program each year from $127 million
to $200 million (including $50 million derived from overflight
fees). To improve the quality of air service received by EAS
communities, the bill authorizes the Secretary to incorporate
financial incentives into EAS contracts based on specified
performance goals. To encourage increased air carrier
participation, the bill authorizes the Secretary of
Transportation to enter into long-term EAS contracts that would
provide more stability for participating air carriers. H.R. 915
also extends the Small Community Air Service Development
program through FY 2012, at the current authorized funding
level of $35 million per year.
H.R. 915 contains several environment-related provisions: a
phase-out of stage 2 aircraft over the next five years; a pilot
program for developing, maturing, and certifying continuous
lower energy, emissions and noise engine and airframe
technology; and a program to fund six projects at public-use
airports to take promising environmental research concepts into
the actual airport environment.
The bill authorizes $36 million for runway incursion
reduction programs over three years, authorizes $275 million
for runway status light acquisition and installation over three
years, and requires FAA to submit a strategic runway safety
plan to Congress. The bill also requires safety inspections of
foreign repair stations at least twice a year. The bill creates
an independent Aviation Safety Whistleblower Investigation
Office within the FAA; mandates a two-year post-service
``cooling off'' period after FAA inspectors leave the FAA;
requires that principal supervisory inspectors must be rotated
between airline oversight offices every five years; and
requires monthly reviews of the Air Transportation Oversight
System database to ensure that trends in regulatory compliance
are identified and appropriate corrective actions taken.
The bill also enhances airline consumer protections. It
provides for a Government Accountability Office (GAO) study of
the Department of Transportation's (DOT) policies for granting
antitrust immunity for airline alliances; and sunsets, after
three years, grants of antitrust immunity unless each grant is
renewed by the Secretary of the DOT. H.R. 915 also requires
airlines and airports to have emergency contingency plans and
detail how they will allow passengers to deplane following
excessive delays. The DOT is also required to publicize and
maintain a hotline for consumer complaints, establish an
Advisory Committee for Aviation Consumer Protection, and expand
consumer complaints investigated. Air carriers are also
required to report diverted and canceled flight information
monthly. Further, the DOT is directed to prohibit the use of
voice communication using a mobile phone on scheduled flights.
The bill mandates that if the FAA and one of its bargaining
units do not reach agreement in the collective bargaining
process, the services of the Federal Mediation and Conciliation
Service shall be used or the parties may agree to an
alternative dispute resolution procedure. The bill also amends
the Railway Labor Act (RLA) to clarify that employees of an
``express carrier'' shall only be covered by the RLA if they
are employed in a position that is eligible for certification
under FAA's rules, such as mechanics or pilots, and they are
actually performing that type of work for the express carrier.
All other express carrier employees would be covered by the
National Labor Relations Act.
The National Transportation Safety Board Reauthorization Act of 2010
(H.R. 4714)
Passed the House on September 28, 2010
H.R. 4714, the ``National Transportation Safety Board
Reauthorization Act of 2010'', reauthorizes the National
Transportation Safety Board (NTSB or Safety Board) for fiscal
years (FY) 2011 through 2014 and makes a number of statutory
changes to explicitly define the Safety Board's authority. The
legislation authorizes appropriations necessary to permit the
Safety Board to continue its critical work of investigating and
determining the causes of aviation incidents and accidents.
Specifically, the bill establishes authorization levels to
provide funding to allow the NTSB to meet its critical mission
of investigating transportation accidents and incidents. The
authorization levels will enable NTSB to meet its optimal
staffing level and, ultimately, increase its staff by 66 full-
time equivalent (FTE) positions to a total of 477 FTEs.
H.R. 4714 explicitly clarifies that the NTSB has the
authority to investigate transportation ``incidents'' (i.e.,
events that do not involve loss of life or substantial damage
but that affect transportation safety), in addition to
``accidents''. The definition would be applicable to the modes
of aviation, rail, pipelines, and highways. In addition, H.R.
4714 permits the NTSB to identify more than one cause of an
accident. The NTSB's mandate of identifying, when applicable,
more than one cause will be consistent with the practice of
international accident-investigation agencies.
The legislation ensures that NTSB investigators, their
designees, and delegates have the authority that they need to
conduct on-scene investigation for the NTSB, including the
ability to enter the property where an accident occurred or
inspect records related to an accident. H.R. 4714 also ensures
that NTSB investigators have access to the proprietary
information necessary to read and interpret data from
electronic navigational and other equipment in vehicles
involved in accidents.
Further, the bill requires the NTSB to develop criteria for
determining whether or not to hold a public hearing with
respect to a particular investigation or safety study and to
report, annually, the reasons why hearings were not held for
investigations or studies of incidents that caused significant
loss of life or property damage or that involve a national
transportation safety issue.
Where current law protects certain trade secrets from
disclosure by NTSB employees in most circumstances, the bill
extends that protection to cover commercial and financial
information in the NTSB's possession as well, as long as such
information is otherwise protected under an exemption from the
disclosure requirements of the Freedom of Information Act. H.R.
4714 provides that these limitations on disclosure apply to
disclosure of proprietary data obtained by the NTSB to read and
interpret data from electronic navigational and other equipment
in vehicles involved in accidents.
H.R. 4714 facilitates cooperation between the NTSB and
Coast Guard in the investigation of major marine casualties by
permitting the NTSB to delegate the Safety Board's full
authority to investigate major marine casualties to the Coast
Guard if the NTSB determines that Coast Guard personnel
assigned to investigate marine casualties possess the training,
experience, and qualifications to employ best investigation
practices. Consistent with the NTSB's current practice, the
bill also requires the NTSB to provide for the participation of
the Commandant of the Coast Guard in appropriate NTSB
investigations.
H.R. 4714 requires air carriers to communicate certain
information to the families of accident victims. Moreover, the
bill requires that air carriers' plans to assist the families
of aviation accident victims incorporate a process to notify
the family members prior to the destruction of unclaimed and
unassociated personal effects.
To Direct the Comptroller General of the United States To Conduct a
Study on the Use of Civil Air Patrol Personnel and Resources To Support
Homeland Security Missions
(H.R. 1178)
Passed the House on May 12, 2009
H.R. 1178 directs the Comptroller General to conduct a
study of the functions and capabilities of the Civil Air Patrol
to support the homeland security missions of State, local and
tribal governments and the Department of Homeland Security. The
report will focus on the cost-effectiveness of using the Civil
Air Patrol to support a security mission and whether current
mechanisms and agreements are sufficient or whether new
agreements between Federal agencies and the Civil Air Patrol
are necessary to request support. The Secretary of Homeland
Security is directed to review and analyze the study, make
recommendations for further action, and submit a report to the
committees of jurisdiction in the House of Representatives and
the Senate within 90 days of the completion of the Comptroller
General's study. The Civil Air Patrol has regularly assisted
States since its inception at the beginning of World War II.
Its service to the nation includes emergency response during
national disasters as well as search and rescue operations.
Recognizing the 40th Anniversary of the George Bush Intercontinental
Airport in Houston, Texas
(H. Con. Res. 138)
Passed the House on October 14, 2009
H. Con. Res. 138 congratulates the officials of the George
Bush Intercontinental Airport (IAH), the Houston Airport
System, and the City of Houston, Texas, for the 40 years of
service the airport has provided to Houston and the nation.
Since IAH opened in 1969, 700 million people have passed
through its gates. The airport is the eighth largest airport in
the United States, serving over 43 million passengers in 2008.
IAH offers 109 domestic and 65 nonstop international
destinations in over 32 countries by 30 airlines. IAH is a
regional and world leader in air cargo processing,
consolidation, and distribution. It contributes $24 billion in
economic benefits to the Houston region and more than 151,000
jobs.
Hearings
During the 111th Congress, the Subcommittee on Aviation
held 21 hearings and 14 Members' briefings and roundtables.
The FAA Reauthorization Act of 2009
On February 11, 2009, the Subcommittee held a hearing to
receive testimony on reauthorization of the FAA. On February 9,
2009, Chairman James L. Oberstar introduced H.R. 915, the ``FAA
Reauthorization Act of 2009''. The funding authorization for
aviation programs, as set forth in Vision 100--Century of
Aviation Reauthorization Act (Vision 100) (P.L. 108-176), and
authorization for taxes and fees that provide revenue for the
Airport and Airway Trust Fund expired at the end of fiscal year
2007. Revenue collections and FAA programs have been extended
by law multiple times. The hearing covered issues of funding
and financing the Airport and Airway Trust Fund, which helps
fund the development of a nationwide airport and airway system,
as well as FAA investments in air traffic control facilities.
The Airport and Airway Trust Fund supplies all of the funding
for the Airport Improvement Program, which provides grants for
construction and safety projects.
The hearing also discussed FAA's Facilities and Equipment
(F&E) program, which includes development, installation, and
transitional maintenance of navigational and communication
equipment to support aviation operations. It supplies equipment
for more than 3,500 facilities nationwide. The F&E program is
also the FAA's primary vehicle for modernizing the national
airspace system (NAS) with new surveillance, automation, and
communications systems. The hearing also looked at safety
issues, commercial service to small communities, consumer
protections, environmental enhancements, and labor protections
contained in H.R. 915.
The Subcommittee heard testimony from officials with the
FAA, Government Accountability Office (GAO), the Department of
Transportation Inspector General (DOT IG), airport and airline
associations, labor unions, and consumer associations.
Witnesses testified on the importance of enacting a long-term
FAA reauthorization act and offered suggestions for
improvements to the legislation.
US Airways Flight 1549 Accident
On February 24, 2009, the Subcommittee held a hearing to
receive testimony on the US Airways Flight 1549 accident. On
January 15, 2009, US Airways Flight 1549 ditched into the
Hudson River following a double engine failure while en route
to Charlotte Douglas International Airport. There were 150
passengers onboard the Airbus A320, in addition to the crew:
Captain Chesley ``Sully'' B. Sullenberger III, First Officer
Jeffrey Skiles, and flight attendants Sheila Dail, Doreen
Welsh, and Donna Dent. Approximately 90 seconds after Flight
1549 departed LaGuardia Airport, the aircraft collided with a
flock of birds, several of which were ingested into both
engines and caused both engines to fail. During this time,
Captain Sullenberger communicated with Air Traffic Control
Specialist Patrick Harten, at the New York Terminal Radar
Approach Control facility, which provides air traffic control
(ATC) services to aircraft departing LaGuardia and other
airports in the New York area.
Determining that the aircraft had almost no engine thrust,
Captain Sullenberger discerned that a controlled ditching of
the aircraft in the Hudson River presented the best chance of
survival for the passengers and crew. He and First Officer
Skiles performed a successful water landing. Passengers filed
out onto the aircraft wings through over-wing exits and into
the slide rafts through the left and right cabin doors of the
aircraft. Within minutes of the water landing, ferry boats,
police boats, and the U.S. Coast Guard rescued all 155 people.
The hearing explored safety issues, including pilot and
crew procedures for emergency landings, crew training, aircraft
engineering to improve crash survivability, and bird strikes.
The Subcommittee heard testimony from all five flight
crewmembers and Mr. Harten, the air traffic controller. Members
of Congress congratulated the crew for its heroic performance.
In addition, the Subcommittee heard testimony from the NTSB on
its investigation of the accident, the FAA, pilot associations,
and bird strike and wildlife experts. Following the hearing,
the Subcommittee held an in-depth roundtable discussion
focusing on the issue of bird strikes and received information
on engine design standards to handle birds, airport bird
mitigation strategies, and avian radar detection systems.
ATC Modernization and Nextgen: Near-Term Achievable Goals
On March 18, 2009, the Subcommittee held a hearing to
receive testimony on ATC modernization and the FAA's Next
Generation Air Transportation System (NextGen), focusing on
near-term achievable goals. Under the current U.S. ATC system,
controller workload, radio frequency voice-communication,
congestion, and the coverage and accuracy of ground-based
navigational signals impose practical limitations on the
capacity and throughput of aircraft in the system.
By 2025, air traffic is projected to increase two- to
three-fold, equating to about 100,000 to 150,000 flights every
24 hours. It is widely acknowledged that the current U.S. air
transportation system will not be able to meet these air
traffic demands. In 2003, Congress created the Joint Planning
and Development Office (JPDO) within the FAA, and tasked it
with developing a NextGen plan that will meet anticipated
demand and allow for expected increases in traffic volume.
The NextGen plan will consist of new concepts and
capabilities for air traffic management and communications,
navigations, and surveillance. The FAA plans to invest $5.3
billion on NextGen capital and research, engineering, and
development programs between fiscal years 2009 and 2013.
At the hearing, the Subcommittee heard testimony from
officials of the FAA, Department of Transportation (DOT), DOT
IG, and GAO. Other witnesses included witnesses from MITRE,
which is conducting research on NextGen projects, and industry
associations and labor unions, including pilot and air traffic
controller unions.
Since the hearing, the FAA has continued work toward
meeting near- and mid-term NextGen deliverables (i.e., 2012 to
2018). The FAA requested that RTCA, Inc., a private non-profit
corporation that develops consensus-based recommendations on
communications, navigation, surveillance, and air traffic
management system issues, establish a government-industry
NextGen Mid-Term Implementation Task Force (RTCA Task Force) to
forge an aviation community consensus on NextGen operational
improvements to be implemented between now and 2018, maximizing
NextGen benefits in the near-term, and developing a business
case for industry investment in NextGen. The RTCA Task Force
was formed in January 2009 and consisted of approximately 335
individuals from 141 different organizations. On September 9,
2009, the RTCA Task Force issued its final report and
disbanded. The report contained several recommendations
designed to help the FAA galvanize its plans to deliver near-
term benefits and build a foundation for the mid-term. The
Subcommittee has continued close oversight of the FAA's
progress toward NextGen implementation.
Oversight of Helicopter Medical Services
On April 22, 2009, the Subcommittee held a hearing to
receive testimony regarding oversight of helicopter medical
services. The hearing explored two issues: (1) helicopter
emergency medical services (HEMS) safety, and (2) state
regulation of HEMS. The HEMS industry has grown dramatically
over the past three decades, with the greatest expansion in
recent years. Between 2003 and 2005, the number of helicopter
air ambulances increased from 545 to 753. In addition, since
1988, the NTSB has issued many safety recommendations regarding
HEMS.\1\ Following a string of deadly accidents in 2008, the
NTSB added four 2006 safety recommendations to its Most Wanted
List of Transportation Safety Improvements. During the hearing,
recurring safety deficiencies among HEMS operators were
discussed in depth, including lack of technology, pilot
training and fatigue, and flight dispatch procedures.
---------------------------------------------------------------------------
\1\ See NTSB Recommendations A-88-1 through A-88-19 (Feb. 29,
1998); A-06-12 through A-06-15 (Jan. 25, 2006) (Added to the NTSB's
Most Wanted List of Transportation Safety Improvements for 2009); A-07-
111 and A-07-112 (Dec. 21, 2007).
---------------------------------------------------------------------------
In addition to issues of aviation safety, issues were
discussed relating to the Airline Deregulation Act's preemption
of state regulation of air carrier rates, routes, and services.
However, as discussed at the hearing, States have the authority
to regulate the provision of medical care relating to HEMS. For
example, many states dictate HEMS requirements for the medical
training and qualifications of health care professionals
onboard aircraft.
The Subcommittee received testimony from a wide range of
stakeholders and experts, including Representative John
Salazar, officials at the DOT, FAA, GAO, and NTSB, an accident
victim's family member, and associations representing
helicopter and medical groups. As a result of the hearing, the
Committee included provisions in H.R. 915 to address the safety
issues that the hearing uncovered and the GAO published a
report requested by the Subcommittee entitled ``Air Ambulance:
Effects of Industry Changes on Services Are Unclear''.
The Economic Viability of the Civil Reserve Air Fleet Program
On May 13, 2009, the Subcommittee held a hearing to receive
testimony regarding the Civil Reserve Air Fleet (CRAF) program
and its economic viability. CRAF is a voluntary program through
which the nation's passenger and cargo airlines provide stand-
by commitments to support the mobilization of trips and
equipment in the event of a major military contingency. The
CRAF program was established in 1951 by President Harry S.
Truman to augment the Department of Defense (DOD) fleet of
military transport aircraft during times of high demand for
airlift services. More than 30 carriers utilizing more than
1,000 aircraft participate in the CRAF program. It is estimated
that during a period of national mobilization, CRAF would meet
approximately 93 percent of DOD's passenger requirements and
approximately 37 percent of DOD's cargo requirements. The CRAF
program is extremely cost-effective--with an estimated $30
billion to $128 billion in cost avoidance to the U.S.
Government.
However, the U.S. passenger charter industry has been
declining. If the charter industry continues to decline, the
immediate effect would be airlift shortfalls and delays within
the DOD transportation system. These concerns were heightened
when ATA Airlines, which provided approximately 10 percent of
DOD's passenger airlift, declared bankruptcy and abruptly
ceased operations in 2008, resulting in temporary service
delays of two to six days.
The hearing explored the structure of the CRAF program,
contractual relationships, and incentives to participate in the
program. In addition, witnesses discussed safety and security
issues associated with carrier participation in the program,
such as shoulder-fired missile threats. The Subcommittee heard
testimony from the Commander of the U.S. Transportation Command
and multiple air carriers that participate in the program.
Aviation Consumer Issues: Emergency Contingency Planning and Outlook
for Summer Travel
On May 20, 2009, the Subcommittee held a hearing to receive
testimony regarding aviation consumer issues, focusing on
emergency contingency planning and the outlook for summer
travel. Due to the economic recession in 2008 and
unprecedentedly high fuel prices, domestic and international
airline passenger traffic declined, and airlines' operating
costs increased. In response, airlines cut capacity, which
meant reduced flight frequencies and the cessation of some
service altogether. To increase revenue, airlines raised
airfares and began to charge fees for ancillary services.
The hearing explored these service-related issues,
including the effects for travelers of the global economic
crisis, and it explored the effects of the pandemic of the
novel influenza A (H1N1) in spring 2009. The virus spread
throughout the United States, Mexico, and other foreign
countries, sparking concerns that a large part of the
population would be susceptible to contracting the flu and that
it would spread rapidly, in part through the world's aviation
system. U.S. and global health authorities recommended that
travelers delay nonessential travel to Mexico and that ill
individuals delay air travel, prompting massive cuts in flight
schedules between the United States and Mexico. Widespread
concern eventually subsided when the virus did not spread as
predicted.
The hearing also explored other issues affecting travelers,
including airline delays and emergency contingency plans for
lengthy onboard delays. The Subcommittee heard testimony from
officials of DOT and the FAA, who discussed plans to help cope
with airline delays and discussed DOT's role in dealing with
H1N1. The agency witnesses also discussed their agencies'
activities to improve passenger protections and to advance
NextGen to deal with delays. The DOT IG was critical of DOT's
plan to address delays in the New York City metropolitan area,
where delays have system-wide ripple effects. In addition, the
Subcommittee heard testimony from a major airline association,
Dallas-Fort Worth International Airport, a flight attendants
union, and a passenger rights association.
Regional Air Carriers and Pilot Workforce Issues
On June 10, 2009, the Subcommittee held a hearing to
receive testimony on regional air carriers and pilot workforce
issues. The hearing was held in response to the February 12,
2009, crash of a Colgan Air Bombardier Dash 8-400, operating
Continental Connection Flight 3407, near Buffalo, New York. The
NTSB's investigation into the crash identified a number of
issues relating to regional airlines. As the major airlines
continue to cut their capacity in response to the economic
downturn, regional airline operations constitute an
increasingly significant proportion of total operations. Today,
regional flights represent one half of the total scheduled
flights across the country, and regional airlines provide the
only scheduled airline service to more than 450 communities.
The NTSB's investigation into the accident focused on a
number of areas, including: (1) flight crew experience and
training; (2) remedial training programs for pilots; (3) pilot
commuting policies and practices; (4) fatigue management; and
(5) the crew's violations of the Sterile Cockpit Rule, which
prohibits conversations not related to the safety of flight
below 10,000 feet, and the impact of these non-pertinent
conversations on situational awareness. These issues were
discussed in depth during the hearing. The Subcommittee
received testimony from officials of the FAA, NTSB, and DOT IG,
and representatives of pilot and airline associations, safety
experts, and victims' families.
In addition, the Subcommittee developed legislation to
address the issues that the hearing uncovered. On July 29,
2009, Subcommittee Chairman Jerry F. Costello introduced H.R.
3371, the ``Airline Safety and Pilot Training Improvement Act
of 2009''. The bill was later incorporated into FAA
reauthorization legislation, but was enacted as part of the
Airline Safety and Federal Aviation Administration Extension
Act of 2010 (P.L. 111-216). The legislation requires meaningful
improvements to the safety of U.S. airline operations. The law
increases pilot training requirements and minimum
qualifications and provides for improved standards for the
screening of pilot job candidates and professional development.
The Subcommittee held two follow-up hearings focusing on
actions taken by the FAA and the airline industry in response
to the accident, on September 23, 2009, and February 4, 2010.
NextGen: Area Navigation/Required Navigation Performance
On July 29, 2009, the Subcommittee held a hearing to
receive testimony on NextGen, focusing on Area Navigation
(RNAV)/Required Navigation Performance (RNP). In the NAS of
today, the limitations of current-generation navigational
technology relegate the utilization of airspace to predefined
routes where aircraft can reliably transition from one
navigational signal to the next, which often require aircraft
to fly inefficient, zigzag-like patterns.
RNAV and RNP procedures rely on advanced aircraft avionics
for improved navigational precision. RNAV allows aircraft to
fly any desired flight path without the limitations imposed by
ground-based navigation systems. RNP is RNAV with the addition
of an onboard monitoring and alerting capability for pilots
that takes advantage of an aircraft's onboard navigation
capability to adhere precisely to assigned routes and to fly
more precise, efficient, and even curved paths into and out of
airports. RNAV and RNP procedures hold enormous potential to
reduce aircraft fuel burn, noise and carbon emissions, boost
controller productivity, and increase capacity, as evidenced by
numerous studies. Both the FAA and industry stakeholders hold
high expectations for RNAV and RNP procedures to provide near-
to mid-term benefits.
Yet, while RNAV/RNP procedures hold significant potential
for near-term benefits, the FAA faces challenges implementing
these procedures. New procedures may require more extensive
environmental reviews, which in some instances could take up to
eight years and cost $5 million per procedure. Moreover, there
are often significant technical challenges with integrating
RNAV/RNP procedures into the existing airspace. Congested
airspace, as found in nearly all major metropolitan areas,
involves complex design requirements with stringent development
criteria to include computer modeling, human factors studies,
and actual flight and simulator trials.
At the hearing, the Subcommittee received testimony of FAA
and DOT officials, industry and labor representatives, and
others involved in the creation of RNAV and RNP procedures. The
witnesses testified about the need for RNAV and RNP procedures,
the benefits promised by their implementation, and the
challenges that the FAA will encounter in the course of
implementation.
Hudson River Airspace and Management of Uncontrolled Airspace Corridors
On September 16, 2009, the Subcommittee held a hearing to
receive testimony on the Hudson River airspace and management
of uncontrolled airspace corridors. The hearing was held as
result of an August 8, 2009 fatal accident over the Hudson
River between a Piper PA-32R-300 airplane and a Eurocopter
AS350 BA helicopter operated by Liberty Helicopters. The
aircraft collided in midair over the Hudson River, near
Hoboken, New Jersey. The Liberty Helicopter, conducting a
sightseeing tour, had five passengers aboard. The airplane was
piloted by a certificated private pilot and had two passengers
aboard.
The collision occurred in an area that is known as a class
B airspace exclusion area, which is a section of uncontrolled
airspace. Many urban areas, including the New York City-
metropolitan area, have ``exclusion areas'' in which aircraft
operate without positive control by ATC. In these exclusion
areas, pilots generally operate under Visual Flight Rules
(VFR), relying on visual cues to avoid other aircraft (commonly
referred to as ``see and avoid''). Exclusion areas are
primarily designed to accommodate access for general aviation
pilots to transit through or under areas of class B airspace.
The hearing explored safety concerns regarding airspace,
such as the Hudson River exclusion area, in which aircraft
operate under special rules, and with less control from ATC.
FAA officials testified regarding the findings of the task
force that the FAA formed in response to the accident, and
actions that the FAA planned to take in response to the
accident to improve the safety of the Hudson River-area
airspace. The NTSB Chairman provided a detailed video
simulation of what occurred during the accident, and discussed
the NTSB's preliminary accident investigation findings and
recommendations. Testimony was also received from general
aviation and helicopter associations, and an air traffic
controller with expertise in the New York City metropolitan
area airspace. Following the hearing, the FAA issued
regulations to improve the safety airspace operations in the
Hudson River corridor.
Federal Aviation Administration's Call to Action on Airline Safety and
Pilot Training
On September 23, 2009, the Subcommittee held a hearing to
receive testimony regarding the FAA's ``Call to Action'' on
Airline Safety and Pilot Training. The FAA Administrator
announced the industry-wide Call to Action on June 15, 2009, to
reduce risk at regional airlines while promoting best practices
from major airlines and seeking industry voluntary compliance
with a number of safety initiatives. On June 24, 2009, the FAA
published an Airline Safety Pilot Training Action Plan with
several specific short-term and intermediate-term action items
and sent letters to approximately 100 air carriers and seven
labor organizations requesting a written commitment to certain
action items by July 31, 2009. On July 15, 2009, FAA chartered
an aviation rulemaking committee (ARC) charged with making
recommendations to the Administrator on proposals to change the
current pilot flight and duty time rules.
The focus of the hearing was to determine whether the FAA
was carrying out its action plan. The hearing also discussed an
inspection initiative whereby FAA inspectors identify and track
pilots who demonstrate a repetitive need for additional
training.
In addition, witnesses discussed their viewpoints on
provisions of H.R. 3371, the ``Airline Safety and Pilot
Training Improvement Act of 2009'', including provisions
requiring that all airline pilots hold an airline transport
pilot certificate. The Subcommittee received testimony from the
FAA Administrator, airline pilot unions, airline associations,
a family member of a victim of Colgan Flight 3407, and an
aviation accreditation board for aviation colleges. The FAA
discussed its efforts to partner with industry and labor
associations to seek voluntary compliance with many of its
safety initiatives.
NextGen: A Review of the RTCA Mid-Term Implementation Task Force Report
On October 28, 2009, the Subcommittee held a hearing to
receive testimony on NextGen to review the RTCA Mid-Term
Implementation Task Force Report. The FAA plan for
implementation of the NextGen, which will meet anticipated
traffic demands by 2025, consists of new concepts and
capabilities for air traffic management and communications,
navigations, and surveillance. Yet, while NextGen has been
planned over a long horizon, with a target date of
implementation by 2025, many stakeholders have come to the
conclusion that more can and must be done now to address
inefficiencies and delay in the system by more fully taking
advantage of existing technologies, procedures, and
capabilities rather than waiting for deployment of new systems
and equipping aircraft with new technology.
In January 2009, FAA requested that RTCA, Inc. establish a
government-industry NextGen Mid-Term Implementation Task Force
to forge an aviation community consensus on NextGen operational
improvements to be implemented between 2009 and 2018,
maximizing NextGen benefits in the near-term, and developing a
business case for industry investment. On September 9, 2009,
the RTCA Task Force issued its final report, which recommended
a prioritized list of desired operational capabilities (and
corresponding technologies, procedures, pilot and controller
training, and policies needed to achieve those capabilities) to
be fully deployed by 2018. In addition, the RTCA Task Force
sought to maximize the benefits of existing aircraft equipage.
At the hearing, the Subcommittee received testimony from
FAA and DOT officials and industry and labor representatives on
the RTCA Task Force's recommendations and the path forward to
implementation. Since the hearing, the FAA has moved forward on
a number of the RTCA Task Force's recommendations. In early
2010, FAA reported in its annual NextGen Implementation Plan
(NGIP) how it would attempt to address the recommendations, as
well as provided timeframes for those actions. The NGIP will
provide greater transparency and accountability with regard to
measuring the FAA's progress meeting NextGen milestones.
Commercial Space Transportation
On December 2, 2009, the Subcommittee held a hearing to
receive testimony on commercial space transportation. As the
number of launches is expected to increase with the development
of the U.S. commercial space tourism industry and potential use
of private launch vehicles by the National Aeronautics and
Space Administration (NASA), it is imperative that the FAA has
the proper resources to ensure that the new technologies and
programs safely evolve. The FAA is responsible for safety,
industry promotion, and licensure of operations for commercial
space launches and launches sites.
According to the FAA, in the next two to three years, it is
likely that the U.S. space shuttle fleet will be retired,
commercial cargo will be delivered to the International Space
Station, and commercial human space flight operations will
begin. If these predictions are true, there are additional
issues that the United States needs to address and consider
going forward. One issue is how commercial space flights and
spaceports will impact air traffic control and the safe and
effective use of the NAS. Another is ensuring passenger and
crew safety. As the Federal Government moves toward NextGen, it
is important to consider all space transportation issues that
might impact the NAS. Environmental impacts, such as noise and
greenhouse gas emissions, will also play a role in commercial
space flight, just as they do at U.S. airports and communities.
At the hearing, the Subcommittee received testimony from
the FAA's Associate Administrator for Commercial Space
Transportation and officials from GAO, an aerospace industry
association, an aerospace company, and the Wisconsin Aerospace
Authority. As a result of the hearing, the Subcommittee
provided oversight of the commercial space transportation
program and learned of recent developments.
Reauthorization of the National Transportation Safety Board
On January 27, 2010, the Subcommittee held a hearing to
receive testimony on reauthorization of the NTSB. The NTSB is
charged with investigating civil aviation accidents and
significant transportation accidents in the surface modes--
railroad, highway, marine, and pipeline. The NTSB determines
the probable cause of all civil aviation accidents and
significant surface transportation accidents, conducts safety
studies, and evaluates the effectiveness of other government
agencies' programs for preventing transportation accidents.
The NTSB's four-year reauthorization request included
additional funding, additional staff, and statutory changes.
The request includes funding to offset pay raises, benefit cost
increases, and inflation. The FY 2011 ($117 million) and FY
2012 ($120 million) authorization request levels were based on
increasing the number of NTSB staff to 477 full-time-equivalent
employees.
The NTSB's reauthorization proposal requested explicit
authorization to: investigate incidents; issue subpoenas for
financial records; obtain medical records under the same
conditions and protections as would apply to a public health
authority that receives such information under the Health
Insurance Portability and Accountability Act; protect trade
secrets and similar commercial or financial information from
release under the Freedom of Information Act; enter into multi-
year leasing contracts; expend appropriated funds to conduct an
accident investigation in a foreign country; and investigate
``commercial space launch'' accidents.
The Subcommittee heard testimony from the NTSB Chairman and
GAO officials. GAO's testimony included a review of NTSB's
general management structure, capabilities, and challenges
ahead. The hearing provided important information for NTSB
reauthorization. On March 2, 2010, Chairman James L. Oberstar
introduced H.R. 4714, the ``National Transportation Safety
Board Reauthorization Act of 2010''. On September 28, 2010, the
House passed H.R. 4714.
Update: FAA Call to Action on Airline Safety and Pilot Training
On February 4, 2010, the Subcommittee held a hearing to
receive testimony regarding the FAA's Call to Action on Airline
Safety and Pilot Training. The hearing was a follow-up to learn
about the FAA's and industry's progress since the
Subcommittee's September 23, 2009 hearing. On January 26, 2010,
the FAA released its final report on the Call to Action
entitled ``Answering the Call to Action on Airline Safety and
Pilot Training''. The FAA received responses from 82 percent of
airlines and all seven labor organizations regarding voluntary
actions it requested that they take to improve airline safety
and oversight.
While some progress was made on several fronts, the
Subcommittee found that several key safety initiatives related
to the Call to Action experienced delays or had yet to be
initiated. The FAA was in the process of completing action on
publishing updates to pilot flight and duty time rules,
overhauling crew training requirements, and strengthening
qualitative pilot training requirements, among other things.
The FAA Administrator testified at the hearing about the
actions that the agency was taking to fulfill the Call to
Action's goals. The DOT IG testified that while the FAA
initially took swift action on its Call to Action, the FAA made
limited progress implementing initiatives with the greatest
potential to improve safety.
Aircraft Icing
On February 24, 2010, the Subcommittee held a hearing to
receive testimony on aircraft icing. After the 1994 crash of a
regional airliner in Roselawn, Indiana, in which 68 people
died, the NTSB added in-flight icing to its Most Wanted List of
Transportation Safety Improvements. According to the NTSB, the
Roselawn crash was caused by in-flight icing conditions and
subsequent loss of control of the aircraft. In-flight icing can
occur during winter weather at low altitudes or at high
altitudes year-round, while ground icing occurs only in cold
weather.
According to the FAA, since the Roselawn accident, it has
reviewed aircraft in-flight icing safety and developed a
comprehensive aircraft icing program, which includes almost 200
airworthiness directives to improve designs of over 50 aircraft
types. Nevertheless, according to the NTSB, ``the pace of the
FAA's activities in response to all of these recommendations
remains unacceptably slow, despite some encouraging action in
2007.'' \2\ According to the GAO, though many efforts have been
taken to mitigate the effect of icing on aircraft in-flight,
between 1998 and 2007, there were 523 icing-related aviation
accidents, which resulted in 221 fatalities, in part 135
commuter and on-demand operations, as well as part 91 general
aviation operations.
---------------------------------------------------------------------------
\2\ NTSB, Aviation: Reduce Dangers to Aircraft Flying Icing
Conditions, Most Wanted Transportation Safety Improvements, Nov. 2009.
---------------------------------------------------------------------------
At the hearing, the Subcommittee received testimony from
the FAA's Deputy Associate Administrator for Aviation Safety,
the Chairman of the NTSB, and the GAO, and representatives of
pilot and airport associations. As a result of the hearing, the
Subcommittee provided oversight of the icing rulemaking process
and other associated programs at the FAA. On June 29, 2010, the
FAA issued a proposed rulemaking putting forward a significant
expansion of its icing certification standards, including a new
requirement that manufacturers show airplanes can operate
safely in freezing drizzle or freezing rain, conditions that
constitute an icing environment known as ``supercooled large
drops''.
FAA's Oversight of On-Demand Aircraft Operators
On March 17, 2010, the Subcommittee held a hearing to
receive testimony on the FAA's oversight of on-demand aircraft
operators. On-demand aircraft operators represent a segment of
the aviation industry that operates aircraft on a for-hire, on-
demand basis. On-demand flights are unscheduled and operate at
customers' request. Examples of on-demand aircraft operations
include air tours and sightseeing flights, air medical flights,
flights for passengers' business or personal travel, cargo
flights, crop-dusting/agricultural operations, helicopter
firefighting and electronic-news gathering flights, and
helicopter flights to offshore oil rigs.
According to the DOT IG, between 1999 and 2009, there were
155 fatal on-demand accidents. In 2008, the NTSB found that
there were 56 on-demand accidents involving 66 fatalities. At
the hearing, the DOT IG testified on his 2009 report, which
raised concerns with FAA oversight of on-demand operators. The
DOT IG's audit found that, between 2000 and 2008, the fatal
accident rate for part 135 on-demand operators was 50 times
greater than the accident rate for scheduled air carriers. The
DOT IG found that the smallest aircraft operated under part 135
have the highest accident rate: between 2003 and 2008, 78
percent of all fatal accidents in the on-demand sector involved
aircraft seating nine or fewer passengers. The DOT IG testified
that the comparatively high accident rate for on-demand flights
were likely due to the following factors: (1) Flights are
operated in higher-risk environments than scheduled commercial
operations, (2) operators do not have to meet many of the
regulatory requirements that large, commercial carriers must
follow, and (3) the FAA's oversight strategy for on-demand
operations is deficient.
FAA officials testified regarding the FAA's efforts to
improve on-demand safety through rulemaking, voluntary industry
initiatives, and inspection programs. Business aviation and
helicopter associations and the Air Charter Safety Foundation
testified on industry efforts to improve the safety of the on-
demand industry, including involvement in the FAA's rulemaking
committee. The industry associations voiced concern over some
aspects of the DOT IG's report.
NextGen: Long-Term Planning and Interagency Cooperation
On April 21, 2010, the Subcommittee held a hearing to
receive testimony on NextGen long-term planning and interagency
cooperation. The hearing focused on aspects of the FAA's
efforts to implement the NextGen over a long planning horizon
that extends to 2025. In Vision 100, Congress created the JPDO
within the FAA and tasked it to plan for and coordinate
implementation of NextGen. To achieve that goal, the JPDO must
leverage the expertise and resources of DOT, DOD, the
Department of Commerce, the Department of Homeland Security,
NASA, and the White House Office of Science and Technology
Policy for the purpose of completely transforming the NAS by
the year 2025.
In developing NextGen, the JPDO must work cross-
departmentally within the government and with the industry to
define the NextGen vision. According to the FAA, the JPDO is
responsible for monitoring cross agency budgets, facilitating
cross-agency collaborations and longer-term planning. However,
stakeholders have expressed concerns over the organizational
structure of the FAA vis-a-vis the development and
implementation of NextGen. Industry stakeholders testified that
the JPDO's placement within the FAA and its dual reporting to
both the FAA Administrator and the FAA's Air Traffic
Organization's (ATO) Chief Operation Officer (COO) hindered its
ability to interact on equal footing with ATO and other Federal
agencies. In addition, industry stakeholders expressed concerns
that the dual reporting structure would subordinate the JPDO's
long-term planning mission to the COO's day-to-day operational
priorities. Therefore, the GAO recommended that the JPDO have
some independence from the ATO and that the JPDO Director
report directly to the FAA Administrator.
At the hearing, the Subcommittee received testimony from
the NASA Administrator, JPDO Director, and officials of GAO,
the DOT IG, DOD, and a private-sector stakeholder of NextGen
implementation. As a result of the hearing, the Subcommittee
has continued to conduct close oversight of progress toward
NextGen implementation.
The Proposed United-Continental Merger: Potential Effects for Consumers
and the Industry
On June 16, 2010, the Subcommittee held a hearing to
receive testimony on the then-pending merger of United Airlines
and Continental Airlines, which will create the world's largest
airline in terms of revenue and available seat miles. The
merger was ultimately consummated by a stock-swap transaction
that the airlines valued at approximately $8 billion. United
shareholders hold 55 percent of the equity in the combined
entity; Continental shareholders own 45 percent. Chicago-based
United and Houston-based Continental operate largely
complementary route networks, although their networks overlap
on 15 routes among major U.S. cities.
The merger announcement came approximately two years after
Delta and Northwest announced a merger to create what was then
the world's largest airline. At the time of the announcement,
United, Continental, and their Star Alliance partners were
already allied in a close code-sharing relationship that
permitted them to cooperate on pricing and schedules with
immunity from enforcement of antitrust law. Some expressed
concerns that the United-Continental merger would further re-
order a fragile industry and would continue the erosion of
competition in the U.S. airline industry that began with the
Delta-Northwest merger.
The hearing explored the merger's potential effects for
consumers, employees, and competing carriers. The chief
executives of both companies testified that the merger is
necessary for long-term viability. Labor leaders expressed
concern that the merger must not occur at employees' expense,
and industry analysts expressed opposing views on the effects
of large-scale mergers for consumers and the industry. Since
the hearing, Continental agreed to divest a number of slots at
Newark Liberty International Airport to Southwest Airlines and
the Department of Justice announced in August that it would not
seek injunctive relief to block the merger. The transaction
proceeded to legal closing on October 1, 2010, and the carriers
subsequently have begun moving toward full integration of their
operations within the next two to three years. As a result of
the hearing, the Subcommittee continued its oversight of
transactions between airlines that have important consequences
for the future of airline competition.
Airline Fees
On July 14, 2010, the Subcommittee held a hearing to
receive testimony on airline fees. Starting in mid 2007, in
response to economic challenges, many airlines began to
unbundle services by instituting separate fees for checked
baggage. Airlines next introduced ``a la carte'' fees for
passenger services, some of which traditionally have been
considered as included in the cost of a ticket. By the end of
2009, airlines charged for numerous ancillary services,
including seat selection, extra leg room, beverages, meals, and
more. According to the Bureau of Transportation Statistics,
U.S. airlines collected a total of $7.8 billion in ancillary
fees in 2009, including $2.7 billion in baggage fees alone. In
the fourth quarter of 2009, U.S. airlines collected 18.3
percent more in ancillary revenue than in the fourth quarter of
2008. Collectively, U.S. passenger airlines incurred $5.5
billion in operating losses in 2008, but reported operating
profits of approximately $1.2 billion in 2009.
The proliferation of ancillary fees over a relatively short
period of time has raised concerns over the costs and
transparency of such fees. Often, consumers are not entirely
aware of the range of fees that they may encounter in the
ticket booking process, at check-in, and at the gate. A recent
poll conducted by Consumer Reports of consumers on what
``annoys travelers the most'', luggage charges and added fees
rated the highest, at 8.4 and 8.1, respectively, based on a 10-
point scale.
The hearing covered a number of issues pertaining to the
trend of unbundling airfares to require passengers to pay for
particular services individually; including legal requirements
for disclosure of fares, taxes, and fees, options for
passengers to recover the costs of some fees; and revenue
potentially available to the Airport and Airway Trust Fund if
certain ancillary fees were subject to the Federal tax on
airline tickets. The Subcommittee heard testimony from GAO,
which testified on the nature, scope, and disclosure of
ancillary fees. Members of Congress expressed concern that
ancillary fees are not adequately disclosed to passengers prior
to booking. DOT testified on a proposed rulemaking that may
address this issue. In addition, Spirit Airlines, Southwest
Airlines, consumer associations, and a global ticket
distribution system company testified.
The Pilot Flight and Duty Time Rule
On September 16, 2010, the Subcommittee held a hearing to
receive testimony on the need for a new pilot flight and duty
time rule. The hearing explored the history of regulation of
pilot flight and duty time, the work of the ARC convened by the
FAA to address the issue of pilot fatigue, and the future of
the FAA's rulemaking activities on the matter.
The ARC, which began its work in July 2009, consisted of
representatives from the FAA, industry, and labor organizations
and was charged with producing recommendations for a science-
based approach to fatigue management by September 1, 2009. The
ARC met its deadline and provided the FAA with a broad
framework for drafting the basis for a Notice of Proposed
Rulemaking (NPRM). On September 14, 2010, the FAA issued the
NPRM.
On August 1, 2010, President Obama signed into law the
Airline Safety and Federal Aviation Administration Extension
Act of 2010, which requires the FAA, within one year of the
date of enactment of the Act, to update and implement new pilot
flight and duty time rules to more adequately track scientific
research in the field of fatigue. The law directs the FAA to
require air carriers, within 90 days of the date of enactment
of the Act, to create fatigue risk management systems approved
by FAA to proactively mitigate pilot fatigue. The law also
requires the FAA to contract with the National Academy of
Science to study the impact of pilot commuting on fatigue and
provide preliminary results to the FAA to be considered as part
of the flight and duty time rulemaking.
At the hearing, the Subcommittee received testimony from
the FAA's Associate Administrator for Aviation Safety, a human
fatigue scientist, and representatives of pilot and airline
associations. The Subcommittee continues to strongly urge the
FAA to produce the strongest final flight and duty time rule
possible to decrease pilot fatigue.
Summary of Activities for
the Subcommittee on Coast Guard and
Maritime Transportation
During the 111th Congress, the Subcommittee on Coast Guard
and Maritime Transportation, chaired by Representative Elijah
E. Cummings, with Representative Frank A. LoBiondo serving as
Ranking Member, held 20 hearings (78 witnesses and
approximately 39 hours of testimony) covering the breadth of
issues within the jurisdiction of the Subcommittee.
The Committee on Transportation and Infrastructure
developed major legislation, H.R. 3619, the Coast Guard
Authorization Act of 2010'', to reauthorize the Coast Guard and
make significant improvements in its operations. H.R. 3619
passed the House of Representatives on October 23, 2009, and
the Senate passed the bill on May 7, 2010, with an amendment.
No formal conference was convened. On September 30, 2010, the
House agreed to Senate amendments to the House amendment to the
Senate amendment, clearing the agreed-upon legislation for the
President's signature. H.R. 3619 became Public Law 111-281 on
October 15, 2010. The legislation was the first Coast Guard
authorization bill to become law since 2006.
The Committee also developed H.R. 3360, the ``Cruise Vessel
Security and Safety Act of 2010''. H.R. 3360 responded to the
issues of crime and safety of passengers aboard cruise ships
that carry at least 250 passengers and call at United States
ports, except as part of a coastwise voyage. These vessels
operate largely outside of the jurisdiction of the United
States. H.R. 3360 became Public Law 111-207 on July 27, 2010.
The following bills and resolutions were enacted in the
111th Congress:
Public Law 111-281, the Coast Guard
Authorization Act of 2010,
Public Law 111-207, the Cruise Vessel
Security and Safety Act of 2010,
Public Law 111-330, to make technical
corrections to provisions of law enacted by the Coast
Guard Authorization Act of 2010,
H. Con. Res. 289, directing the Clerk of the
House of Representatives to make a technical correction
in the enrollment of H.R. 3360,
H. Res. 197, to commend the American Sail
Training Association for its advancement of character
building under sail and for its advancement of
international goodwill,
H. Res. 410, recognizing the numerous
contributions of the recreational boating community and
the boating industry to the continuing prosperity and
affluence of the United States,
H. Res. 891, expressing the gratitude of the
House of Representatives for the service to our Nation
of the Coast Guard and Marine Corps aircraft pilots and
crewmembers lost off the coast of California on October
29, 2009, and for other purposes, and
H. Res. 1062, recognizing the Coast Guard
Group Astoria's more than 60 years of service to the
Pacific Northwest, and for other purposes.
Other bills and resolutions that passed the House include:
H.R. 5503, the ``Securing Protections for
the Injured from Limitations on Liability Act'',
H.R. 5481, to give subpoena power to the
National Commission on the BP Deepwater Horizon Oil
Spill and Offshore Drilling,
H.R. 6016, the ``Audit the BP Fund Act of
2010'',
H.R. 2651, the ``Maritime Workforce
Development Act'',
H.R. 1747, the ``Great Lakes Icebreaker
Replacement Act'', and
H. Con. Res. 258, congratulating the
Commandant of the Coast Guard and the Superintendent of
the Coast Guard Academy and its staff for 100 years of
operation of the Coast Guard Academy in New London,
Connecticut, and for other purposes.
Public Laws and Resolutions
Coast Guard Authorization Act of 2010
Public Law 111-281
(H.R. 3619)
(See also H.R. 1665, H.R. 2650, H.R. 2652, H.R. 3318, H.R. 3376)
October 15, 2010
The Coast Guard Authorization Act of 2010 (P.L. 111-281) is
the authorizing legislation for the Coast Guard. The
legislation is based on H.R. 2830, the ``Coast Guard
Authorization Act of 2007'', which passed in the House during
the 110th Congress on April 24, 2008. Public Law 111-281 also
incorporates several bills related to the Coast Guard and
maritime transportation. Public Law 111-281 is the first Coast
Guard authorization act to be enacted into law since 2006.
The law authorizes annual appropriations for the service
and an increase in its military end strength. Public Law 111-
281 also includes other provisions that address: Coast Guard
personnel and management; shipping and navigation; acquisition
reform; leadership structure within Coast Guard; marine safety;
oil spill prevention; port security; and the use of toxic hull
coatings on certain vessels.
Title I authorizes $10.2 billion in FY 2011 for the Coast
Guard and increases the service's authorized end-strength of
military personnel by 1,500 members to 47,000.
Title II makes changes to the management of the Coast
Guard's officer corps and provides for Coast Guard families.
The law establishes the number and distribution of
commissioned Coast Guard officers and sets compulsory
retirement ages for flag and regular commissioned officers, and
authorizes Coast Guard veterans' access to the Armed Forces
Retirement Home system. Title II also provides the Coast Guard
with the flexibility to retain and promote officers that have
specialized skills to meet the needs of the Coast Guard. The
law also authorizes two Presidential awards the Coast Guard
Cross and the Silver Star medal for extraordinary heroism and
gallantry, respectively.
The law provides for Coast Guard personnel and their
families by: (1) Authorizing reimbursement to Coast Guard
personnel stationed at remote locations for reasonable expenses
related to travel for medical reasons; (2) facilitating the
acquisition of family housing for military personnel; (3)
authorizing the use of appropriated funds to provide child
development services with fees for the services to be based
upon family income; and (4) authorizing the Secretary to
provide support services for chaplain-led programs that assist
active duty and reserve personnel and their families to
maintain strong families. This law also permits active duty
Coast Guard personnel assigned to support operations associated
with major disasters or spills of national significance to
retain leave in excess of normal limitations. In addition, the
position of District Ombudsman is created in each Coast Guard
district to serve as a liaison between the Coast Guard and the
maritime community.
Title III makes changes to certain laws that apply to
shipping and navigation. The law: (1) creates a civil penalty
for simple possession of controlled substances on vessels
subject to the jurisdiction of the United States; (2) requires
a plan to deliver merchant mariners' documents by mail; (3)
phases out, after December 31, 2017, the deployment of foreign-
flag vessels engaged in certain operations on the outer
continental shelf in the Beaufort and Chukchi Seas off Alaska;
and (4) includes measures to help ensure safe and secure
shipping in the Arctic.
Title III ensures safe and secure maritime shipping in the
Arctic by encouraging the Secretary to enter into negotiations
through the International Maritime Organization to promote
coordinated action between the United States, Russia, Canada,
Iceland, Norway, and Denmark to ensure: (1) maintenance of aids
to navigation; (2) marine safety and salvage capability; (3)
oil spill prevention and response capability; (4) maritime
domain awareness; and (5) search and rescue capability. The law
also requires the Secretary to promote safe navigation through
icebreaking where necessary.
Title IV responds directly to the issues related to the
Coast Guard's acquisition programs. This title is based upon,
H.R. 1665, the ``Coast Guard Acquisition Reform Act of 2009'',
which passed the House on July 29, 2009.
Specifically, this title makes improvements in Coast Guard
acquisition management by: (1) requiring the Commandant of the
Coast Guard to select a Chief Acquisition Officer who meets
prescribed training and experience standards; (2) creating an
Acquisition Directorate within the Coast Guard with a defined
mission and a workforce dedicated to performing acquisition
functions; and (3) establishing experience standards for
acquisition personnel. The law also prohibits the use of
private sector lead systems integrators after the date of
enactment, except to complete certain specific acquisitions.
Title IV also defines levels of acquisitions based upon
life-cycle costs and prescribes a process for large
acquisitions through which the Coast Guard must: (1) Clearly
define operational requirements of projects and programs; (2)
analyze alternatives; (3) develop project or program baselines;
(4) produce life-cycle cost estimates; and (5) assess the
merits of alternatives. The analysis of alternatives is to be
prepared by a Federally-funded research and development center.
The law also requires reports to Congress when cost overruns
and delays in excess of prescribed levels occur.
Title V modernizes the Coast Guard by reorganizing the
Coast Guard's senior leadership, as proposed by the Coast
Guard. This title authorizes no more than four vice admiral
positions to perform duties prescribed by the Commandant.
The law requires the Secretary to ensure appropriate career
paths and minimum qualifications for prevention and response
personnel who wish to develop expertise in prevention and
response, and authorizes the Commandant of the Coast Guard to
establish centers of expertise for prevention and response.
The law requires the Coast Guard to develop a long-term
strategy for improving marine safety with the following
priorities and goals: (1) reducing the number and rates of
marine casualties; (2) improving the consistency and
effectiveness of enforcement and compliance programs; (3)
targeting high-risk vessels for enforcement efforts; and (4)
improving research.
Title V also requires that any individual, excluding the
Commandant, who adjudicates an appeal or waiver of a decision
related to marine safety must be a qualified specialist who is
able to effectively judge the facts. In addition, the
Commandant must ensure that the Coast Guard Academy will
provide courses in mariner safety.
Title VI enhances marine safety through a variety of
provisions. The law enhances fishing vessel safety by: (1)
permitting owners of certain fishing vessels to rebuild or
replace their vessels and maintain the vessels' permits or
licenses to fish; (2) establishing safety equipment and vessel
construction standards; and (3) requiring fishing vessels of
certain sizes and those fishing vessels that undergo
substantial changes to comply with load line regulations and
comply with classification society rules and standards for
construction and equipment. Compliance with these requirements
will be certified by a classification society. The law further
enhances fishing vessel safety by establishing safety standards
with respect to equipment and operations including: (1)
survival craft that ensure no part of an individual is immersed
in the water; (2) carriage of marine radios, nautical charts
and publications, and sufficient medical supplies; and (3)
requiring individuals in charge of fishing vessels to pass a
training program approved by the Secretary. Individuals in
charge of fishing vessels must also maintain records of safety
equipment maintenance and safety drills.
The law enhances marine safety in other areas by: (1)
requiring certain vessels to maintain official logbooks and to
log the service hours of seamen, their injuries, and their
illnesses; (2) requiring ``safety management systems'' on
certain passenger vessels; (3) authorizing the Coast Guard to
terminate the operation of vessels for ``unsafe operation'';
(4) permitting seamen who suffer discrimination because they
report safety violations to use the same Department of Labor
complaint process that is currently available to workers in the
other transportation modes; (5) authorizing the Coast Guard to
establish standards for required marine safety equipment based
on performance, best available technology, and operational
practicality; and (6) requiring the Secretary to prescribe
regulations for the installation of life preservers and other
lifesaving appliances for uninspected vessels.
This title also: (1) removes the tonnage limit on offshore
supply vessels and prescribes manning levels and watch
schedules aboard offshore supply vessels; (2) reauthorizes
several advisory committees related to marine safety; and (3)
authorizes the Secretary to delegate authority to review and
approve plans and to conduct inspections and examinations to
the American Bureau of Shipping or another classification
society recognized by the Secretary with respect to offshore
facilities.
Title VII reduces the risk of oil spills during transfers
of oil between vessels. The law: (1) requires the Secretary to
conduct a study to identify the types of human errors that lead
to oil spills, with particular attention to fatigue; (2)
extends liability for oil spills to the owners of cargo shipped
on single-hulled vessels; and (3) amends the Oil Pollution Act
of 1990 to extend to tank vessels of 100 gross tons or more the
requirement to show financial responsibility for oil spills.
Title VIII contains a number of provisions that enhance the
security of the nation's waterways, ports, and marine cargoes.
This title: (1) establishes the America's Waterway Watch
Program to promote voluntary reporting of activities that may
indicate a threat or an act of terrorism; (2) requires the
Coast Guard to enforce the security zones imposed around tank
vessels containing especially hazardous cargos; (3) permits
engagement of State and local law enforcement to provide
waterside security at terminals handling especially hazardous
cargoes; (4) mandates that the Secretary make a recommendation
regarding the suitability of a waterway to accommodate the
marine traffic associated with a waterside liquefied natural
gas facility to the Federal Energy Regulatory Commission, after
considering recommendations by States; (5) authorizes the Coast
Guard to assist foreign port facility operators to meet
international port security standards; (6) requires the
Secretary to develop and utilize a national standard and
formula for prioritizing and addressing security risks at
United States ports; (7) requires development of a program for
the mobile biometric identification of suspect individuals
including terrorists; and (8) prescribes training standards for
the certification of port facility security officers.
This title also requires the Secretary, in conjunction with
the appropriate Federal agencies, to develop a national
strategy for the waterside security of vessels and facilities
handling especially hazardous cargoes.
To ensure that the Coast Guard is able to carry out the
Service's other homeland security responsibilities, the law
authorizes additional Coast Guard maritime forces and security
teams. The legislation requires no fewer than two teams of
deployable specialized forces capable of combating terrorism,
engaging in interdiction, law enforcement, and advanced
tactical maritime security operations. The law also requires
the Secretary to increase the number of canine teams capable of
detecting narcotics and explosives by no fewer than 10 annually
through fiscal year 2012.
Title VIII also contains several provisions related to
security and maritime workers. The law requires: (1) that
seamen, pilots, and representatives of seamen's' welfare and
labor organizations not be charged fees individually for
expenses related to access through port facilities and shore
leave; (2) coordination between the Secretary and owners and
operators of port facilities to allow workers who have applied
for, but have not yet received, a transportation workers'
security card to be escorted into secure or restricted areas of
a port facility; (3) the Secretary to make timely responses to
individuals who apply for a transportation security card; (4)
the establishment of procedures for maritime workers to be
fingerprinted, as part of an application for a transportation
security card, at any of no fewer than 20 facilities operated
by or under contract to the Department of Homeland Security;
and (5) development of a plan to permit maritime workers to
receive their transportation security cards at facilities or
aboard vessels. The law also authorizes the Secretary to use a
secondary means to verify the identities of individual applying
for a transportation security card.
Title IX includes several miscellaneous provisions. The
provisions include: (1) waivers of the requirements for
coastwise endorsements for certain vessels, subject to specific
conditions; (2) changes to the penalties payable by operators
of certain cruise ships for nonpayment of seamen's wages in
class action suits; (3) an extension of the current deadline
for compliance with U.S.-citizen manning requirements for
operators of vessels in the U.S. distant water tuna fishing
fleet to December 31, 2012; (4) a provision to limit the
jurisdiction of States to tax certain seamen; (5) authorization
to convey certain Coast Guard property to certain local
governments; (6) authorization for the States of Texas and
Oklahoma to license operators of uninspected passenger vessels
operating on Lake Texoma; and (7) limitation of the liability
for monetary damages of individuals who use or authorize the
use of force to defend a vessel of the United States against
piracy.
The law also strengthens criminal penalties for failing to
heave to, obstructing Coast Guard boardings, and providing
false information to the Coast Guard when the offense involves
``aggravating factors''. Aggravating factors include: death, an
attempt to kill, kidnapping or an attempt to kidnap, aggravated
sexual abuse, serious bodily injury, and transportation of
individuals under inhumane conditions.
Title X includes the text of H.R. 3618, the ``Clean Hull
Act of 2009'', which passed the House on November 17, 2009.
This title aligns U.S. law with the International Convention on
the Control of Harmful Anti-Fouling Systems on Ships, 2001 by
prohibiting the sale, distribution, or manufacture of organotin
or antifouling systems containing organotin. Organotin is a
chemical used to inhibit the growth of marine organisms on the
hulls of vessels and certain marine structures.
Title X also prohibits vessels, regardless of when the
anti-fouling system was applied, from using an anti-fouling
system containing organotin, establishes penalties for
violation, and establishes the Secretary of the department in
which the Coast Guard is operating and the Administrator of the
Environmental Protection Agency as administrators and enforcers
of this new law.
Cruise Vessel Security and Safety Act of 2010
Public Law 111-207
(H.R. 3360)
July 27, 2010
This law imposes new security and safety requirements on
cruise ships that carry at least 250 passengers and call on a
port in the United States except as part of a coastwise voyage.
Public Law 111-207 contains a number of provisions that
will enhance the safety and security of passengers on board
cruise vessels.
This law requires that, beginning 18 months after the date
of enactment of the Act, each vessel to which the section
applies must comply with specific design and construction
standards. The vessels must have rails located not less than 42
inches above the cabin deck, and must have passenger staterooms
and crew cabins equipped with peep holes or other means for
visual identification. To the extent that it is available, the
vessels must integrate technology that can detect when
passengers have fallen overboard. The vessel must also be
equipped with operable acoustic hailing or warning devices to
provide communication capability around the entire vessel when
it is operating in high risk waters, as defined by the Coast
Guard. Beginning on the date of enactment of the Act (July 27,
2010), any vessel the keel of which is laid after that date
must equip passenger staterooms and cabins with security
latches and time-sensitive key technologies.
To help combat crime aboard cruise vessels, this law also
requires that the owner of a vessel maintain a video
surveillance system to assist in documenting crimes on the
vessel and to provide evidence for the prosecution of such
crimes. In addition, the law requires owners of vessels to
employ physicians meeting certain professional qualifications
and to maintain on the vessel adequate, in-date supplies of
anti-retroviral medications and other medications designed to
prevent the transmission of sexually transmitted diseases after
a sexual assault, as well as equipment and materials for
performing medical examinations in sexual assault cases. The
law also requires the owner of a vessel to record in a log
book, either electronically or otherwise, reports on specified
complaints.
In addition, the law requires the owner of a vessel or the
owner's designee to contact the nearest Federal Bureau of
Investigation (FBI) Field Office or Legal Attache by telephone
as soon as possible after the occurrence on board the vessel of
an incident involving homicide, suspicious death, a missing
U.S. national, kidnapping, assault with serious bodily injury,
any offense to which 18 (U.S.C.) Sec. Sec. 2241, 2242, 2243,
or 2244(a), or (c) applies, firing or tampering with the
vessel, or theft of money or property in excess of $10,000 to
report the incident.
The Secretary of Transportation is required to maintain a
statistical compilation of certain incidents on an Internet
site that provides a numerical accounting of the missing
persons and alleged crimes recorded in each report that are no
longer under investigation. The data shall be updated no less
frequently than quarterly and aggregated by cruise line (and
each cruise line shall be identified by name), and by whether
the crime was committed by a passenger or a crew member. Each
cruise line taking on or discharging passengers in the United
States shall include a link on its Internet website to the
website maintained by the Secretary of Transportation.
To Make Technical Corrections to Provisions of Law Enacted by the Coast
Guard Authorization Act of 2010
Public Law 111-330
(H.R. 6516)
December 22, 2010
The law makes technical corrections to the Coast Guard
Authorization Act of 2010 (P.L. 111-281).
Directing the Clerk of the House of Representatives To Make a Technical
Correction in the Enrollment of H.R. 3360
(H. Con. Res. 289)
July 12, 2010
H. Con. Res. 289 directs the Clerk of the House of
Representatives to make a technical correction in the
enrollment of H.R. 3360, the Cruise Vessel Security and Safety
Act of 2010 (P.L. 111-207).
To Commend the American Sail Training Association for Its Advancement
of Character Building Under Sail and for Its Advancement of
International Goodwill
(H. Res. 197)
April 14, 2010
H. Res. 197 commends the American Sail Training Association
(ASTA) for its work to advance character building under sail
and for its advancement of international good will, and
commends ASTA for its advancement of character building
experiences for youth at sea in traditionally rigged sailing
vessels and its advancement of the finest traditions of the
sea.
H. Res. 197 also commends ASTA as the national sail
training association of the United States, representing the
sail training community of the United States in the
international forum.
Recognizing the Numerous Contributions of the Recreational Boating
Community and the Boating Industry to the Continuing Prosperity and
Affluence of the United States
(H. Res. 410)
June 9, 2009
H. Res. 410 recognizes the contributions of the
recreational boating industry and the boating community to the
United States. This resolution also acknowledges that the 59
million individuals who boat generate more than $33 billion for
the U.S. economy, and provide jobs for 337,000 Americans. This
resolution recognizes that the 1,400 active boat builders in
the United States use materials and services from all 50
states. Recreational boating activities provide opportunities
for families to be together, and have a beneficial effect on
scholastic performance and physical fitness of those who
participate. Finally, H. Res. 410 urges the President to issue
a proclamation declaring July 1, 2009, as National Boating Day.
Expressing the Gratitude of the House of Representatives for the
Service to Our Nation of the Coast Guard and Marine Corps Aircraft
Pilots and Crewmembers Lost Off the Coast of California on October 29,
2009, and for Other Purposes
(H. Res. 891)
November 17, 2009
H. Res. 891 expresses the gratitude of the House of
Representatives for the service to our nation of the Coast
Guard and Marine Corps aircraft pilots and crewmembers lost off
the coast of California on October 29, 2009.
H. Res. 891 recognizes the crew members of the Coast Guard
C-130 that are missing and presumed to have lost their lives in
the line of duty: Lt. Cmdr. Che J. Barnes; Lt. Adam W. Bryant;
Chief Petty Officer John F. Seidman; Petty Officer 2nd Class
Carl P. Grigonis; Petty Officer 2nd Class Monica L. Beacham;
Petty Officer 2nd Class Jason S. Moletzsky; and Petty Officer
3rd Class Danny R. Kreder II.
H. Res. 891 also recognizes the crew members of the Marine
Corps helicopter that are missing and presumed to have lost
their lives in the line of duty: Maj. Samuel Leigh and 1st Lt.
Thomas Claiborne.
Recognizing the Coast Guard Group Astoria's More Than 60 Years of
Service to the Pacific Northwest, and for Other Purposes
(H. Res. 1062)
April 15, 2010
H. Res. 1062 recognizes the Coast Guard Group Astoria's
more than 60 years of service to the Pacific Northwest, and
honors the brave men and women of Coast Guard Group Astoria who
risk their lives daily to ensure the safety and security of the
people of the Pacific Northwest.
H. Res. 1062 directs the Clerk of the House of
Representatives to make available enrolled copies of this
resolution to Coast Guard Group Astoria for appropriate
display.
Other Legislation
Securing Protections for the Injured From Limitations On Liability Act
(H.R. 5503)
Passed the House on July 1, 2010
The Death on the High Seas Act permits a decedent's spouse,
parent, child, or dependent relative (the decedent's personal
representative under current law) to bring a civil action in
admiralty against the person or vessel responsible for the
decedent's death when the death was caused by wrongful act,
neglect, or default occurring on the high seas beyond 12
nautical miles (three nautical miles under current law) from
the shore of the United States.
H.R. 5503 expands the types of damages that may be
recovered to include nonpecuniary losses plus a fair
compensation for the decedent's pain and suffering. In
addition, H.R. 5503 allows substitution of the decedent's
spouse, parent, child, or dependent relative (personal
representative under current law) as a plaintiff in an action
for personal injury caused by wrongful act, neglect, or default
under the Act, if the plaintiff dies during the action as a
result of the wrongful act.
Furthermore, H.R. 5503 amends the Jones Act to allow
recovery for nonpecuniary damages for loss of the care,
comfort, and companionship of a seaman who died in the course
of employment and repeals specified general limitations on
liability (the Limitation of Liability Act) for personal injury
or death on seagoing vessels.
H.R. 5503 amends the Federal judicial code with respect to
class actions (the Class Action Fairness Act of 2005) to
exclude from its coverage any action brought by a State or a
State subdivision on behalf of its citizens. In addition, H.R.
5503 declares void and unenforceable any agreement, promise, or
directive to restrict the dissemination of information (except
by a government agency to protect public health or safety)
regarding the cause, nature, or extent of, or damage caused by,
or efforts to remediate any discharge into waters off the U.S.
shore of a substance that contaminates a marine or coastal
environment or endangers public health.
H.R. 5503 amends the bankruptcy code to prohibit a trustee
in bankruptcy from selling or leasing, except in the ordinary
course of business, any property of the estate of a debtor that
is liable for a claim arising from an incident under the Oil
Pollution Act of 1990, to a purchaser (together with any
affiliate) in an aggregate dollar amount exceeding a specified
amount under the Clayton Act unless: (1) the purchaser (and
affiliate) agree as a condition of the sale to pay the amount
of allowed unsecured claims arising from the incident not paid
by the debtor; or (2) all classes of unsecured claims approve
the sale of such assets.
To Give Subpoena Power to the National Commission on the BP Deepwater
Horizon Oil Spill and Offshore Drilling
(H.R. 5481)
Passed the House on June 23, 2010
H.R. 5481 authorizes the National Commission on the BP
Deepwater Horizon Oil Spill and Offshore Drilling to issue
subpoenas to compel the attendance and testimony of witnesses
and the production of books, records, correspondence,
memoranda, and other documents.
H.R. 5481 requires the Commission, before issuing such a
subpoena, to notify the Attorney General (or a designee) of the
Commission's intent to issue a subpoena, the identity of the
witness, and the nature of the testimony sought.
H.R. 5481 prohibits the Commission from issuing a subpoena
if the Attorney General objects on the basis that the taking of
the testimony is likely to interfere with any: (1) Federal or
State criminal investigation or prosecution; or (2) pending
investigation under the Civil False Claims Act or other Federal
statute providing for civil remedies, or any civil litigation
to which the United States or any of its agencies is or is
likely to be a party.
H.R. 5481 requires the Commission, in the case of contumacy
of any person issued a subpoena or refusal by such person to
comply with the subpoena, to request the Attorney General to
seek enforcement of the subpoena in any U.S. district court for
a district in which a person issued a subpoena under the Act
resides, is served, or may be found, or where the subpoena is
returnable. In addition, H.R. 5481 deems failure to obey an
order requiring the subpoenaed person to appear at any
designated place to testify or produce documentary or other
evidence to be contempt of court.
Audit the BP Fund Act of 2010
(H.R. 6016)
Passed the House on September 28, 2010
H.R. 6016 directs the Comptroller General of the U.S.
Government Accountability Office (GAO) to conduct an
independent investigation and audit of the operations of the
fund and claims process created by BP to compensate persons
affected by the BP Deepwater Horizon oil spill in the Gulf of
Mexico. The bill authorizes GAO to use its subpoena power to
ensure that the victims of the oil spill are provided with
compensation in a timely manner, the claim amounts are
determined accurately, and the operations process occurs
effectively. Finally, H.R. 6016 requires the Comptroller
General to report its findings to Congress every 90 days until
the operations of the Fund are completed, in approximately
three years.
Maritime Workforce Development Act of 2009
(H.R. 2651)
Passed the House on October 14, 2009
H.R. 2651 amends title 46, United States Code, to direct
the Secretary of Transportation to establish a maritime career
recruitment, training, and loan program.
The costs of obtaining a Master's or Mate's license can be
as much as $26,000, with specialized training and
certifications, due to the training requirements mandated by
the 1995 Amendments to the Convention on the Standards of
Training, Certification, and Watchkeeping. Employers in the
maritime industry have traditionally provided little or no
funding to help employees cover the costs of training, and
there is growing concern within the maritime industry that the
cost and complexity of meeting 1995 Amendment requirements for
license renewals and/or upgrades is reducing the pool of
potential seafarers.
Importantly, maritime training programs are unique, and are
unlike typical two- or four-year educational programs. Due to
the short course length and the frequency of enrollment in new
courses, the costs of these programs are not easily served by
existing student loan programs.
Using the model of existing student loan programs, H.R.
2651 creates a maritime-focused student loan program through
which individuals can receive up to $60,000 in loans over the
course of a lifetime. H.R. 2651 also authorizes the
appropriation of $10 million in each of FYs 2010 through FY
2015 to support loans.
Additionally, H.R. 2651 authorizes the appropriation of $10
million in each of FYs 2010 through FY 2015 to enable the
Secretary to award grants to maritime training institutions to
support their efforts to develop and implement programs to
address mariner recruitment, training, and retention issues.
Great Lakes Icebreaker Replacement Act
(H.R. 1747)
Passed the House on April 27, 2009
H.R. 1747 authorizes $153 million for the design and
construction of a new icebreaker for service on the Great
Lakes. The existing icebreakers are either nearing the end of
their useful lives or experiencing difficulty in heavy ice
conditions.
Congratulating the Commandant of the Coast Guard and the Superintendent
of The Coast Guard Academy and Its Staff for 100 Years of Operation of
the Coast Guard Academy in New London, Connecticut, and for Other
Purposes
(H. Con. Res. 258)
Passed the House on July 27, 2010
H. Con. Res. 258 congratulates the Commandant of the Coast
Guard and the Superintendent of the Coast Guard Academy and its
staff for 100 years of operation of the Coast Guard Academy in
New London, Connecticut. For 100 years, the Coast Guard has
trained and shaped the leadership of the Coast Guard through
extensive training in character, loyalty, physical fitness,
leadership, and education.
Hearings
During the 111th Congress, the Subcommittee on Coast Guard
and Maritime Transportation held 20 hearings.
International Piracy on the High Seas
On February 4, 2009, the Subcommittee held a hearing to
receive testimony on the causes and extent of piracy and to
understand its effect on international shipping. The hearing
focused on piracy off the coast of Somalia.
The expansion of international piracy particularly in the
Horn of Africa region threatens to increase the cost of
transporting goods through the region at a time when portions
of the world economy are in serious recession.
Several industry witnesses testified that the Gulf of Aden
continues to pose a navigational challenge because of the
absence of a permanent national government in Somalia.
Witnesses also discussed the issue of protection for U.S.-
flagged vessels and whether it was the responsibility of
government or private industry to provide protection.
Coast Guard Drug and Migrant Interdiction
On March 11, 2009, the Subcommittee held a hearing to
receive testimony regarding the U.S. Coast Guard's drug and
migrant interdiction operations. The hearing examined drug
interdiction trends and the capacity of the Coast Guard to
interdict drug shipments. In addition, the hearing examined
trends in illegal migration from the Caribbean and Asia. Coast
Guard witnesses testified regarding the challenges to the
service's interdiction mission including the ingenuity of
traffickers and the limited resources available to police
forces in countries around the Caribbean Sea and Gulf of
Mexico.
Overview of Coast Guard Acquisition Policies and Programs
On March 24, 2009, the Subcommittee held a hearing to
examine the Coast Guard's acquisition programs, as well as the
policies and procedures the service was implementing to
strengthen its management of the entire acquisition process.
The hearing was one of several Subcommittee hearings on the
subject of the Coast Guard's acquisition programs conducted
during the past two Congresses, and was conducted under the
oversight requirements of clauses 2(n), (o), and (p) of Rule XI
of the Rules of the House of Representatives.
The Subcommittee heard testimony from the Coast Guard's
Assistant Commandant for Acquisition and the Government
Accountability Office's (GAO) Director of Acquisition and
Sourcing Management.
The Coast Guard testified that it had begun a comprehensive
acquisition reform effort. The reforms were necessary to avoid
repeating the problems that the service encountered in the
Integrated Deepwater System (Deepwater) program and to ensure
proper oversight and management of each acquisition project.
The Coast Guard emphasized several on-going improvements
including better communication among headquarters offices,
consolidation of project offices, the clarification of the
roles of key players, and changes in policies and processes.
The service's efforts at reform were being aided through
consultation with the Defense Acquisition University and
others.
GAO testified that, over the two years prior to the
hearing, the Coast Guard had repositioned itself to assume
responsibilities associated with systems integration and
program management functions that were formerly carried out by
private contractors. GAO also testified that the Coast Guard
still faced challenges and the outcome of Deepwater
acquisitions remained uncertain. GAO stated that the failure of
not implementing a disciplined acquisition approach and the
reliance upon a contractor to define the Coast Guard's
requirements had resulted in certain assets being paid for and
delivered without the Coast Guard having determined whether the
assets would meet mission needs.
Civil Rights Services and Diversity Initiatives in the Coast Guard
On April 1, 2009, the Subcommittee held a hearing to
receive testimony regarding civil rights services and diversity
initiatives within the Coast Guard. In addition, the
Subcommittee received testimony regarding the findings of a
review of the Coast Guard's Office of Civil Rights entitled
``United States Coast Guard Office of Civil Rights: Program
Review'' conducted by Booz Allen Hamilton and at the request of
the office's director. The report assessed the extent to which
the structure, policies, procedures, and personnel of the
Office of Civil Rights (OCR) are meeting the Coast Guard's
equal opportunity missions, and whether it performs in
accordance with the Equal Employment Opportunity Commission
regulations. The report also provides an independent
examination of the office climate in the OCR, the management of
confidential information, and the effectiveness of office
personnel. The report provided 53 recommendations for
improvement.
During the hearing, the Subcommittee also examined the
effectiveness of the Office of Civil Rights' service to
minority members of the Coast Guard and the implementation of
civil rights initiatives at the Coast Guard Academy. This
hearing was the first of several hearings that the Subcommittee
held in the 111th Congress to examine the issue of diversity
within the Coast Guard.
Fiscal Year 2010 Budget Requests of the Coast Guard, Maritime
Administration and Federal Maritime Commission
On May 13, 2009, the Subcommittee held a hearing to receive
testimony on the President's Fiscal Year 2010 Budget request
for the Coast Guard, Maritime Administration, and Federal
Maritime Commission.
The Subcommittee received testimony from the Commandant of
the Coast Guard and the Master Chief Petty Officer of the Coast
Guard, the Associate Administrator for Budget and Programs and
Chief Financial Officer of the United States Maritime
Administration, and the Commissioners of the Federal Maritime
Commission.
Piracy Against U.S. Flag Vessels: Lessons Learned
On May 20, 2009, the Subcommittee held a hearing to receive
testimony regarding recent acts of piracy against U.S.-flagged
vessels and the lessons to be learned from these attacks. This
hearing was conducted in the wake of the pirate attacks upon
the MV Maersk Alabama and the MV Liberty Sun in the Indian
Ocean off Somalia.
Witnesses testified that proper planning was crucial to
defending against pirate attacks. The Subcommittee heard
several recommendations from witnesses including maintaining
best speed through the area and embarked armed security guards.
Witnesses also testified regarding the effect of pirate attacks
and the carriage of armed security guards on insurance rates.
Control of Anti-Fouling Systems on Ships
On June 10, 2009, the Subcommittee held a hearing to
receive testimony regarding the control of anti-fouling systems
on ocean-going vessels. The hearing examined anti-fouling
systems that have been applied to ships in the past and
discussed the contamination that some of these systems have
released into the marine environment. Anti-fouling systems are
applied to the hulls of ships and marine structures to prevent
organisms from attaching and growing.
The Subcommittee examined the potential effects of the
International Convention on the Control of Harmful Anti-fouling
Systems on Ships, 2001. The Convention provides a comprehensive
regulatory framework to enable governments to assess the safety
of new anti-fouling systems before the new systems are approved
for use.
An Environmental Protection Agency official testified in
support of implementation of the Convention. This hearing
provided the basis for legislation implementing the Convention,
which was included in the Coast Guard Authorization Act of 2010
(Public Law 111-281). See also, H.R. 3618, the ``Clean Hull Act
of 2009''.
A Continuing Examination of Civil Rights Services and Diversity in the
Coast Guard
On June 19, 2009, the Subcommittee held a hearing to
receive testimony regarding its on-going examination of the
Coast Guard's Equal Employment Opportunity (EEO) and Equal
Opportunity (EO) programs as well as of the service's efforts
to expand diversity, particularly at the Coast Guard Academy.
The Subcommittee continued its examination of the status of
the Coast Guard's Office of Civil Rights' implementation of the
recommendations included in the report entitled ``United States
Coast Guard Office of Civil Rights: Program Review'' by Booz
Allen Hamilton. The Director of the Office of Civil Rights
testified that the Office had implemented 29 of the 53
recommendations provided in the report.
National Maritime Center and Mariner Credentials
On July 9, 2009, the Subcommittee held a hearing to receive
testimony regarding the National Maritime Center (NMC) and
merchant mariner credentials (MMCs). The testimony focused on
the difficulties that mariners experienced with obtaining
required merchant mariners' licenses and documents. The Coast
Guard had issued new guidelines to govern the review of medical
information provided by a mariner as part of the application
for an initial, renewal, or upgrade of a credential. The Coast
Guard had also consolidated the variety of individual mariner
licenses and endorsements that it previously issued into a new
MMC, resembling a passport. Witnesses described substantial
delays in receiving MMCs because of backlogs caused by a system
unable to efficiently process thousands of applicants.
A Review of the Coast Guard's Search and Rescue Mission
On September 30, 2009, the Subcommittee held a hearing to
review the Coast Guard's search and rescue (SAR) programs as
well as lessons learned from recent SAR cases. The Subcommittee
examined challenges the Coast Guard faces in carrying out its
search and rescue mission, particularly in light of its
expanded homeland security responsibilities. The hearing
examined in detail two fishing vessel casualties in which the
Coast Guard failed to respond in sufficient time to prevent
fatalities.
Qualifications and Credentialing of Mariners: A Continuing Examination
On October 7, 2009, the Subcommittee held a hearing to
receive testimony regarding the NMC and MMCs. This hearing was
a follow-up to a hearing held by the Subcommittee on the same
topic on July 9, 2009. The July hearing focused on substantial
delays in mariners receiving documents necessary to perform the
responsibilities of the mariner. At the October hearing,
witnesses from the Coast Guard testified that the backlog of
applications had been significantly reduced.
Maritime Domain Awareness
On December 9, 2009, the Subcommittee held a hearing to
receive testimony regarding the Coast Guard's ability to
identify and respond to threats in the maritime domain--
particularly potential threats from small vessels. The maritime
domain is defined as ``all areas and things of, on, under,
relating to, adjacent to, or bordering on a sea, ocean or other
navigable waterway, including all maritime related activities,
infrastructure, people, cargo, and vessels and other
conveyances.'' The hearing also examined the use of automated
tracking systems. The hearing explored the efficacy of
increased use of onboard tracking systems. Boating industry
witnesses testified in opposition to proposals to require small
boats to be equipped with automatic tracking systems.
Fiscal Year 2011 Budget for the Coast Guard, Maritime Administration,
and the Federal Maritime Commission
On February 25, 2010, the Subcommittee held a hearing to
receive testimony regarding the President's Fiscal Year 2011
Budget request for the U.S. Coast Guard, Maritime
Administration, and the Federal Maritime Commission. Testimony
was received from the agencies and GAO.
A Review of Coast Guard Acquisition Programs and Policies
On March 11, 2010, the Subcommittee held a hearing to
examine the Coast Guard's acquisition programs, and the
policies and procedures that the service was implementing to
strengthen its management of the acquisition process. The Coast
Guard's Assistant Commandant for Acquisition updated the
Subcommittee on the progress on strengthening the acquisitions
process and the status of current acquisitions. He also
testified that the problems encountered with the Integrated
Deepwater System (Deepwater) program acquisitions were being
addressed. The Deepwater program has been the subject of
extensive oversight by the Subcommittee over the past two
Congresses, including the hearing on March 24, 2009.
Capacity of Vessels To Meet U.S. Import and Export Requirements
On March 17, 2010, the Subcommittee held a hearing to
receive testimony regarding the capacity of ocean-going vessels
to meet U.S. import and export demands. On March 11, 2010, the
President signed an Executive Order creating a National Export
Initiative that calls for a doubling of U.S. exports over the
next five years. Reports suggested that the ability of the
United States to expand its exports was threatened by a lack of
vessel capacity and shortages of shipping containers in certain
regions of the country. Such shortages could have a significant
adverse impact on meeting U.S. export goals.
Status of Coast Guard Civil Rights Programs and Diversity Initiatives
On April 27, 2010, the Subcommittee held a hearing to
continue its examination of the Coast Guard's Equal Employment
Opportunity (EEO) and Equal Opportunity (EO) programs as well
as of the service's efforts to expand diversity, particularly
at the Coast Guard Academy. This was the third and final
hearing on the issue in the 111th Congress.
The Coast Guard witness from the service's Civil Rights
Directorate testified that 52 of the 53 recommendations
provided in the report entitled ``United States Coast Guard
Office of Civil Rights: Program Review'', conducted by Booz
Allen Hamilton, had been implemented. However, the GAO witness
testified that the implementation of the diversity
recommendations was challenged by a lack of internal controls
and measurable performance goals.
Foreign Vessel Operations in the U.S. Exclusive Economic Zone
On June 17, 2010, the Subcommittee held a hearing to
receive testimony regarding the extent of commercial activity
conducted by foreign vessels engaged in the exclusive economic
zone (EEZ) of the United States. The Subcommittee also examined
the overlapping jurisdictions of flag states and coastal states
over foreign-flagged vessels and offshore facilities operating
in the EEZ.
The Deepwater Horizon oil spill in the Gulf of Mexico
exposed many uncertainties associated with offshore operations
in the EEZ. This hearing allowed the Subcommittee to have a
better understanding of what steps might be necessary to
protect the interests of the United States.
Update on Federal Maritime Commission's Examination of Vessel Capacity
On June 30, 2010, the Subcommittee held a hearing to
receive testimony from the Federal Maritime Commission (FMC)
regarding the FMC's examination of the capacity of ocean-going
vessels to meet U.S. import and export demands. This hearing
was a follow-up to the hearing conducted on March 17, 2010. At
the March hearing, the FMC announced that it was initiating a
non-adjudicatory fact-finding to investigate current carrier
capacity and ocean carrier business practices under service
contracts, and the extent of container shortages in the United
States. At the June hearing, the witness from the FMC testified
that FMC's fact-finding found that shortages in vessel capacity
and shipping containers were regional, with a concentration in
the Midwest.
Status of the U.S.-Flagged Vessels in U.S. Foreign Trade
On July 20, 2010, the Subcommittee held a hearing to
receive testimony regarding the status of the U.S.-flagged
fleet in foreign commerce. The hearing explored the conditions
under which operators of U.S.-flagged ships must compete, their
challenges, and ideas for developing maritime policies that
will enhance their competitiveness.
The Administrator of the Maritime Administration testified
concerning its role in promoting a strong merchant marine. The
Subcommittee also heard testimony from labor and shipping
company representatives regarding the vital importance of
programs designed to sustain the U.S-flagged merchant fleet.
These programs include cargo preference laws and the Maritime
Security Program.
Continuing Examination of U.S.-Flagged Vessels in U.S.- Foreign Trade
On September 29, 2010, the Subcommittee held a hearing to
receive testimony from the Maritime Administration (MARAD)
regarding the U.S.-flagged merchant fleet in foreign trade.
This hearing was a follow-up to a hearing convened by the
Subcommittee on the same topic on July 20, 2010. At the July
hearing, representatives of the U.S.-flagged maritime industry
and seafaring labor raised issues with respect to the
challenges they face operating under the U.S. flag. This
hearing continued the Subcommittee's examination of the status
of the U.S.-flagged merchant marine and the role of the
Maritime Administration in promoting a strong U.S. merchant
marine.
Summary of Activities for
the Subcommittee on Economic Development,
Public Buildings, and Emergency Management
During the 111th Congress, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management,
chaired by Delegate Eleanor Holmes Norton, with Representative
Mario Diaz-Balart serving as Ranking Member, held 34
Subcommittee hearings (188 witnesses and approximately 94
hours) and three Members' roundtables, covering the breadth of
issues within the jurisdiction of the Subcommittee.
The Committee on Transportation and Infrastructure
developed several bills to improve the provision of Federal
disaster assistance through Federal Emergency Management Agency
(FEMA). H.R. 1746, the ``Predisaster Hazard Mitigation Act of
2010'', reauthorizes the Pre-Disaster Mitigation (PDM) program
for three years at the following levels: $180 million in fiscal
year 2011 and $200 million per year in each of fiscal years
2012 and 2013. The bill also increases the minimum amount that
each state can receive under the program from $500,000 to
$575,000, and prohibits the provision of assistance under the
PDM program through congressionally-directed spending. On
December 28, 2010, H.R. 1746 was presented to the President for
signature.
The Committee also developed major legislation, H.R. 3377,
the ``Disaster Response, Recovery, and Mitigation Enhancement
Act of 2009'', which amends the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Stafford Act) to improve
the assistance that the Federal Government provides to States,
local governments, and communities before, during, and after
major disasters and emergencies. This legislation authorizes,
and makes changes to improve, major FEMA programs, including:
the Disaster Relief Fund (DRF), Pre-Disaster Mitigation,
National Urban Search and Rescue (US`R), the Integrated Public
Alert and Warning System (IPAWS), and the Emergency Management
Assistance Compact (EMAC). Among its major provisions, H.R.
3377 also: makes available health benefits for temporary FEMA
employees; provides additional assistance under the Hazard
Mitigation Grant Program for States that actively enforce an
approved building code; allows FEMA to provide assistance for
up to 18 months in the form of mortgage or rental payments to
individuals and families who are at imminent risk of eviction
from a residence in the wake of a disaster; requires FEMA to
sell, transfer, or donate trailers or other excess temporary
housing units in suitable condition and complete disposal of
any units not in suitable condition within two years; requires
FEMA to consider the recommendations of the National Commission
on Children and Disasters and the National Council on
Disability in the drafting and updating of certain plans,
strategies, policies, and regulations; clarifies the role of
the Federal Coordinating Officer appointed after a major
disaster or emergency in short- and long-term recovery;
requires FEMA to expedite the processing of appeals, by
requiring FEMA to act in 60 days rather than 90 days; and
requires FEMA to develop special procedures for the provision
of major disaster assistance under the Stafford Act in the
event of extensive and widespread damage and destruction to
expedite the repair, restoration, reconstruction, or
replacement of eligible public facilities.
The Committee also developed major legislation, H.R. 1174,
the ``FEMA Independence Act of 2009'', to re-establish FEMA as
an independent, cabinet-level agency reporting directly to the
President and restore FEMA's ability to be a nimble and
effective response agency as it was prior when the agency was
subsumed into the Department of Homeland Security (DHS).
The Committee also developed major legislation, H.R. 5897,
the ``Economic Revitalization and Innovation Act of 2010'', to
reauthorize the Economic Development Administration (EDA). H.R.
5897 provides $500 million annually for EDA investments for
each of fiscal years 2011 through 2015, for a total
authorization of $2.5 billion. Specifically, the bill
authorizes: $2.225 billion for economic development
investments, including public works and economic adjustment
grants; $180 million for planning grants to Economic
Development Districts (EDDs); and $50 million for university
centers in States (including D.C.) without such centers. The
bill requires that recipients of EDA assistance establish job
creation goals as a condition of receipt of EDA assistance, and
penalizes recipients for failure to satisfy job creation goals.
In addition, the bill: expands support for business incubators
and science and research parks through $500 million in loan
guarantees and additional construction funding; fosters high-
speed rail economic development and sustainable economic
development; promotes ``on-shoring'' of jobs to the United
States by establishing new programs to allow or provide
preference for EDA investment assistance to projects that
locate or relocate technology and manufacturing companies to
the United States; provides flexibility in economic development
funding of projects, including directing funds to communities
affected by Defense Base Closure and Realignment (BRAC) and
those communities with declining tax revenues; and creates a
clear, defined role for EDDs and promotes regional planning.
Finally, the Committee adopted Committee resolutions
authorizing General Services Administration (GSA) projects to
control courthouse construction costs through the imposition of
limits on the number of courtrooms and on the assignment of
space to the Judiciary. To date, the Committee's actions to
limit the number of courtrooms in courthouses across the
country (in San Diego, California; Savannah, Georgia;
Greenbelt, Maryland; Mobile, Alabama; San Antonio, Texas; and
Salt Lake City, Utah) has resulted in savings in excess of $97
million, based on both capital costs and lease cost avoidance.
The following bills and resolutions were enacted in the
111th Congress:
Public Law 111-__, the Predisaster Hazard
Mitigation Act of 2010,
Public Law 111-308, the Federal Buildings
Personnel Training Act of 2010,
Public Law 111-11, Title XV, the Smithsonian
Institution Facilities Authorization,
Public Law 111-76, to authorize the
Administrator of General Services to convey a parcel of
real property in Galveston, Texas, to the Galveston
Historical Foundation,
Public Law 111-__, to direct the
Administrator of General Services to convey a parcel of
real property in Houston, Texas, to the Military Museum
of Texas, and for other purposes,
Public Law 111-11, Title III, Subtitle D,
section 3307, Authorizes the Secretary of Agriculture
to Convey to the City of Bountiful, Utah, Certain
Federal Land,
Public Law 111-14, to designate the United
States courthouse under construction at 327 South
Church Street, Rockford, Illinois, as the ``Stanley J.
Roszkowski United States Courthouse,''
Public Law 111-34, to designate the Federal
building and United States courthouse located at 306
East Main Street in Elizabeth City, North Carolina, as
the ``J. Herbert W. Small Federal Building and United
States Courthouse,''
Public Law 111-35, to designate the Federal
building located at 799 United Nations Plaza in New
York, New York, as the ``Ronald H. Brown United States
Mission to the United Nations Building'',
Public Law 111-74, to designate the
federally occupied building located at McKinley Avenue
and Third Street, SW., Canton, Ohio, as the ``Ralph
Regula Federal Building and United States Courthouse'',
Public Law 111-75, to designate the United
States courthouse located at 525 Magoffin Avenue in El
Paso, Texas, as the ``Albert Armendariz, Sr., United
States Courthouse'',
Public Law 111-77, to designate the Federal
building located at 844 North Rush Street in Chicago,
Illinois, as the ``William O. Lipinski Federal
Building'',
Public Law 111-78, to designate the United
States courthouse located at 301 Simonton Street in Key
West, Florida, as the ``Sidney M. Aronovitz United
States Courthouse'',
Public Law 111-176, to designate the United
States Department of the Interior Building in
Washington, District of Columbia, as the ``Stewart Lee
Udall Department of the Interior Building'',
Public Law 111-234, to designate the annex
building under construction for the Elbert P. Tuttle
United States Court of Appeals Building in Atlanta,
Georgia, as the ``John C. Godbold Federal Building'',
Public Law 111-243, to designate the
federally occupied building located at 1220 Echelon
Parkway in Jackson, Mississippi, as the ``James Chaney,
Andrew Goodman, Michael Schwerner, and Roy K. Moore
Federal Building'',
Public Law 111-297, to designate the Federal
building located at 100 North Palafox Street in
Pensacola, Florida, as the ``Winston E. Arnow Federal
Building'',
Public Law 111-298, to designate the Federal
building and United States courthouse located at 515
9th Street in Rapid City, South Dakota, as the ``Andrew
W. Bogue Federal Building and United States
Courthouse'',
Public Law 111-299, to designate the
building occupied by the Government Printing Office
located at 31451 East United Avenue in Pueblo,
Colorado, as the ``Frank Evans Government Printing
Office Building'',
Public Law 111-301, to designate the Federal
building located at 6401 Security Boulevard in
Baltimore, Maryland, commonly known as the Social
Security Administration Operations Building, as the
``Robert M. Ball Federal Building'',
H. Con. Res. 37, authorizing the use of the
Capitol Grounds for the Greater Washington Soap Box
Derby,
H. Con. Res. 38, authorizing the use of the
Capitol Grounds for the National Peace Officers'
Memorial Service,
H. Con. Res. 39, authorizing the use of the
Capitol Grounds for the District of Columbia Special
Olympics Law Enforcement Torch Run,
H. Con. Res. 171, authorizing the use of the
Capitol Grounds for an event to honor military
personnel who have died in service to the United States
and to acknowledge the sacrifice of the families of
those individuals as part of the National Weekend of
Remembrance,
H. Con. Res. 247, authorizing the use of the
Capitol Grounds for the Greater Washington Soap Box
Derby,
H. Con. Res. 263, authorizing the use of the
Capitol Grounds for the District of Columbia Special
Olympics Law Enforcement Torch Run,
H. Con. Res. 264, authorizing the use of the
Capitol Grounds for the National Peace Officers'
Memorial Service,
H. Res. 415, commending the heroic efforts
of the people fighting the floods in North Dakota and
Minnesota,
H. Res. 765, expressing condolences to the
families of the individuals killed during unusual
storms and floods in the State of Georgia between
September 18 and 21, 2009, and expressing gratitude to
all of the emergency personnel who continue to work
with unyielding determination to meet the needs of
Georgia's residents,
H. Res. 1059, honoring the heroism of the
seven United States Agency for International
Development, Office of U.S. Foreign Disaster
Assistance, and Federal Emergency Management Agency
supported urban search and rescue teams deployed to
Haiti from New York City, New York, Fairfax County,
Virginia, Los Angeles County, California, the City of
Miami, Florida, Miami-Dade County, Florida, and
Virginia Beach, Virginia, and commending their
dedication and assistance in the aftermath of the
January 12, 2010, Haitian earthquake,
H. Res. 1337, expressing the sympathy and
condolences of the House of Representatives to those
people affected by the flooding in Tennessee, Kentucky,
and Mississippi in May 2010,
H. Res. 1583, observing the fifth
anniversary of the date on which Hurricane Rita
devastated the coasts of Louisiana and Texas, and for
other purposes,
63 General Services Administration Capital
Investment and Leasing Program Resolutions, and
3 General Services Administration Building
Project Survey Resolutions.
Other bills that passed the House include:
H.R. 3791, ``Fire Grants Reauthorization Act
of 2009''
H.R. 5825, the ``Multi-State Disaster Relief
Act'',
H.R. 5266, the ``National Commission on
Children and Disasters Reauthorization Act of 2010'',
H.R. 1700, the ``National Women's History
Museum Act of 2009'',
H.R. 2843, the ``Architect of the Capitol
Appointment Act of 2010'',
H.R. 3224, to authorize the Board of Regents
of the Smithsonian Institution to plan, design, and
construct a vehicle maintenance building at the vehicle
maintenance branch of the Smithsonian Institution
located in Suitland, Maryland, and for other purposes,
H.R. 5717, the ``Smithsonian Conservation
Biology Institute Enhancement Act'',
H.R. 842, to designate the United States
courthouse to be constructed in Jackson, Mississippi,
as the ``R. Jess Brown United States Courthouse'',
H.R. 869, to designate the Federal building
and United States courthouse located at 101 Barr Street
in Lexington, Kentucky, as the ``Scott Reed Federal
Building and United States Courthouse'',
H.R. 887, to designate the United States
courthouse located at 131 East 4th Street in Davenport,
Iowa, as the ``James A. Leach United States
Courthouse'',
H.R. 2423, to designate the Federal building
and United States courthouse located at 1300 Victoria
Street in Laredo, Texas, as the ``George P. Kazen
Federal Building and United States Courthouse'',
H.R. 3193, to designate the United States
courthouse under construction at 101 South United
States Route 1 in Fort Pierce, Florida, as the ``Alto
Lee Adams, Sr., United States Courthouse'',
H.R. 3305, to designate the Federal building
and United States courthouse located at 224 South
Boulder Avenue in Tulsa, Oklahoma, as the ``H. Dale
Cook Federal Building and United States Courthouse'',
and
H. Con. Res. 136, authorizing the use of the
Capitol Grounds for a celebration of Citizenship Day.
Public Laws and Resolutions
Predisaster Hazard Mitigation Act of 2010
Public Law 111-__
(H.R. 1746)
January 2011
This law reauthorizes the Pre-Disaster Mitigation (PDM)
program for three years at the following levels: $180 million
in fiscal year 2011 and $200 million per year in each of fiscal
years 2012 and 2013. The law also increases the minimum amount
that each state receives under the program from $500,000 to
$575,000, and prohibits the provision of assistance under the
PDM program through congressionally-directed spending.
Federal Buildings Personnel Training Act of 2010
Public Law 111-308
(S. 3250)
December 14, 2010
The Federal Buildings Personnel Training Act of 2010 (P.L.
111-308) authorizes the Administrator of General Services, in
consultation with others, to establish core competencies
relating to buildings operation and maintenance, energy
management, sustainability, building performance, and other
matters for Federal personnel and contract employees performing
buildings operations functions in Federal buildings. The law
establishes core competencies for Federal employees and
contract personnel working in certain building operations and
maintenance disciplines to ensure that Federal buildings
perform and are maintained in accordance with industry best
practices. The law will ensure that Federal buildings and
components are maximally productive and properly maintained to
achieve the highest possible return on investment over the
infrastructure's projected operating life.
Smithsonian Institution Facilities Authorization Act of 2009
Public Law 111-11
(Title XV)
(H.R. 608)
March 30, 2009
This law authorizes the Board of Regents of the Smithsonian
Institution to design and construct laboratory space to
accommodate the Mathias Laboratory at the Smithsonian
Environmental Research Center in Edgewater, Maryland; to
construct laboratory space to accommodate the terrestrial
research program of the Smithsonian Tropical Research Institute
in Gamboa, Panama; and to construct a greenhouse facility at
its museum support facility in Suitland, Maryland.
To Authorize the Administrator of General Services To Convey a Parcel
of Real Property in Galveston, Texas, to the Galveston Historical
Foundation
Public Law 111-76
(H.R. 2121)
October 19, 2009
This law authorizes the Administrator of General Services,
no later than 90 days after the date of enactment of the Act,
to convey, by quitclaim deed, a parcel of real property located
at 502 20th Street in Galveston, Texas, to the Galveston
Historical Foundation, subject to certain requirements. All
proceeds derived from the sale of the parcel of real property
located at 502 20th Street in Galveston, Texas, is required to
be deposited in the Federal Building Fund.
The parcel of real property located at 502 20th Street is
the 1861 U.S. Custom House. It is one of the oldest buildings
in Galveston, Texas, and was added to the National Register of
Historic Places in 1970. The Galveston Historical Foundation
was incorporated in 1954, and has since cultivated its work to
cover community redevelopment, public education, historic
preservation advocacy, maritime preservation, and stewardship
of historic properties on Galveston Island. To date, the
Galveston Historical Foundation has more than 2,000 members and
has twice been awarded the National Trust for Historic
Preservation's Honor Award.
In 1998, the General Services Administration and the
Galveston Historical Foundation entered into a long-term lease
agreement with respect to the 1861 U.S. Custom House. In
exchange for the Galveston Historical Society rehabilitating
the historical building, it was granted a long-term lease. This
law allows the Galveston Historical Society to purchase the
building outright.
Directs the Administrator of General Services To Convey a Parcel of
Real Property in Houston, Texas, to the Military Museum of Texas
Public Law 111-__
(H.R. 6510)
January 2011
This law directs the Administrator of General Services to
sell a 3.6-acre parcel of land improved with a 20,000 square
foot light-industrial building to the current tenant, the
Military Museum of Texas, for the fair value of the property in
its current use. The Military Museum of Texas is a non-profit
501(c)(3) organization founded in 1992, with an all-volunteer
staff. The Museum has been operating on the property since
2004, paying a nominal rent. The legislation further directs
the General Services Administration to convey the property with
a restrictive covenant requiring that the property's current
use continue for a period of 30 years, and in the event that
the Military Museum seeks to abrogate this use, it is then
required to seek prior permission of the Administrator and pay
to the United States the value of the property in its highest
and best use.
Authorizes the Secretary of Agriculture To Convey to the City of
Bountiful, Utah, Certain Federal Land
Public Law 111-11
(Title III, Subtitle D, section 3307)
(H.R. 604)
March 30, 2009
This law authorizes the Secretary of Agriculture to
exchange certain Federal land identified as Shooting Range
Special Use Permit Area on the map, entitled ``Bountiful City
Land Consolidation Act'', dated October 15, 2007, if the city
of Bountiful, Utah conveys three parcels of land consisting of
a total of approximately 1,680 acres to the Secretary of
Agriculture.
To Designate the United States Courthouse Under Construction at 327
South Church Street, Rockford, Illinois, as the ``Stanley J. Roszkowski
United States Courthouse''
Public Law 111-14
(S. 520)
April 23, 2009
This law designates the United States courthouse under
construction at 327 South Church Street, Rockford, Illinois, as
the ``Stanley J. Roszkowski United States Courthouse''.
Stanley Roszkowski was born on January 22, 1923, and was
raised in Royalton, Illinois. He was one of 15 children. He
served a decorated tour in World War II as a nose gunner on a
B26 bomber. After his discharge from the United States Air
Force, he enrolled at the University of Illinois where he
received his Bachelor of Science degree in 1949 and his Juris
Doctor in 1954. He then opened up a successful law practice in
Rockford.
Stanley Roszkowski was appointed judge for the United
States District Court for the Northern District of Illinois on
October 11, 1977. He took senior status on January 9, 1991, and
retired in January 1998 after serving for more than 20 years.
Judge Roszkowski was instrumental in having the courthouse
constructed in Rockford, Illinois.
To Designate the Federal Building and United States Courthouse Located
at 306 East Main Street in Elizabeth City, North Carolina, as the ``J.
Herbert W. Small Federal Building and United States Courthouse''
Public Law 111-34
(H.R. 813)
June 30, 2009
This law designates the Federal building and United States
courthouse located in Elizabeth City, North Carolina as the
``J. Herbert W. Small Federal Building and United States
Courthouse''.
J. Herbert W. Small is a life-long resident of Elizabeth
City, North Carolina. He is a graduate of the University of
Virginia Engineering School, and the University of North
Carolina Law School at Chapel Hill. He began the practice of
law in 1949 and continued in his chosen field for over five
decades. During his professional career he was a member of the
First Judicial District Bar Association, the American Bar
Association, and the North Carolina Bar Association.
He began his public career as Special Counsel to the
Congressional Committee on Intergovernmental Relations. Judge
Small later served as county attorney for Pasquotank County. In
1979, Judge Small was elected Judge of Superior Court of the
First Judicial District and served as senior resident judge for
seventeen years. Judge Small is an active volunteer, serving on
the Board of Directors of the Albemarle Hospital, and the
American Red Cross. He has received numerous awards and honors
from the Jaycees, the Boy Scouts, Volunteer Fireman, the
Chamber of Commerce, and the Rotary and Elks clubs.
Further, Judge Small served his country during World War II
in the U.S. Navy.
Judge Small is an outstanding mentor and volunteer. For
over five decades, he has been an exceptional jurist, and civic
leader.
To Designate the Federal Building Located at 799 United Nations Plaza
in New York, New York, as the ``Ronald H. Brown United States Mission
to the United Nations Building''
Public Law 111-35
(H.R. 837)
June 30, 2009
This law designates the Federal building at 799 United
Nations Plaza in New York, New York, as the ``Ronald H. Brown
United States Mission to the United Nations Building''.
Ronald Harmon Brown was born on August 1, 1941. His early
school days were spent at Hunter College Elementary School, a
public school on Manhattan's East Side. He subsequently
attended high school at White Plains High School and the Rhodes
School in Manhattan. In 1962, Brown graduated from Middlebury
College in Vermont. After college, he served in the Army from
1962 to 1967, commanding several units in the United States,
Germany, and South Korea. Brown was discharged from the Army in
1967. After serving in the Army, he attended St. John's Law
School and began working as a job developer and trainee adviser
for the National Urban League. By 1976, Brown served as the
National Urban League's Deputy Executive Director for programs
and governmental affairs.
He left the National Urban League in 1979 to work for
Senator Edward M. Kennedy, who sought the Democratic Party's
presidential nomination. In 1981, Brown began a career as a
lawyer and lobbyist. In 1988, he was elected Chairman of the
Democratic National Committee. From 1989 to 1992, he served as
Chairman and used his skills as a negotiator and pragmatic
bridge builder to help reunite the Democratic Party, after its
candidate was defeated in the 1988 presidential election.
In 1993, President William J. Clinton appointed Ronald H.
Brown as Secretary of Commerce. During his tenure, Secretary
Brown effectively utilized and expanded the role of the U.S.
Department of Commerce. Secretary Brown was known for his
amiable political style and his deft skill in negotiations and,
as Secretary, he used these qualities effectively to promote
U.S. trade, expand foreign markets for American businesses, and
spur domestic job growth and economic development.
Tragically, on April 3, 1996, while on an official
Department of Commerce trade mission, Secretary Brown and 34
others were killed in an airplane crash in Croatia. The
Department of State had requested that Secretary Brown
personally undertake the trade mission to highlight and find
opportunities for U.S. businesses to boost economic
reconstruction of the war torn region of former Yugoslavia. The
trip itinerary included stops in Zagreb, the capital of
Croatia; visiting American troops in Tuzla, Bosnia-Herzegovina;
and Sarajevo, the capital of Bosnia. The trade mission was on
its way to Dubrovnik, Croatia, when the plane crashed on the
coast of the Adriatic Sea.
Throughout his life, Secretary Brown broke many barriers.
He was the first African-American to serve as Secretary of
Commerce and the first African-American Chairman of a national
political party.
To Designate the Federally Occupied Building Located at McKinley Avenue
and Third Street, SW., Canton, Ohio, As the ``Ralph Regula Federal
Building and U.S. Courthouse''
Public Law 111-74
(H.R. 1687)
October 19, 2009
This law designates the Federally-occupied building located
at McKinley Avenue and Third Street, SW., Canton, Ohio, as the
``Ralph Regula Federal Building and United States Courthouse''.
Representative Ralph Regula represented Ohio's 16th
Congressional District from January 3, 1973, to January 3,
2009. Ralph Strauss Regula was born in Beach City, Ohio, on
December 3, 1924. After high school, Representative Regula
served in the United States Navy during World War II. Regula
later went on to earn a Bachelor of Arts degree from Mount
Union College in 1948, and then graduated from the William
McKinley School of Law in Canton, Ohio in 1952.
Representative Regula served in many different capacities
during his long tenure in public service. He was a member of
the Ohio state board of education from 1960-1964, and was then
elected to the Ohio state House of Representatives from 1965-
1967 and subsequently served in the Ohio state Senate in 1967-
1972. Regula was then elected to the U.S. House of
Representatives in the 93rd Congress, and served for 36 years.
Representative Regula, one of the longest serving
Republican members of Congress, retired at the end of the 110th
Congress after a career of nearly 50 years of public service.
He is married to Mary Regula, and has three children and four
grandchildren.
To Designate the United States Courthouse Located at 525 Magoffin
Avenue in El Paso, Texas, as the ``Albert Armendariz, Sr., United
States Courthouse''
Public Law 111-75
(H.R. 2053)
October 19, 2009
This law designates the United States courthouse located at
525 Magoffin Avenue in El Paso, Texas, as the ``Albert
Armendariz, Sr., United States Courthouse''. Judge Albert
Armendariz, Sr., had a long and distinguished career of public
service. Albert Armendariz was born on August 11, 1919, in El
Paso, Texas. After graduating from high school in 1934, Judge
Armendariz joined the United States Army and served in World
War II. After he left the U.S. Army, Armendariz used the GI
Bill to continue his education. He later graduated from the
University of Texas at El Paso and then the University of
Southern California (USC) Law School, where he was the only
Mexican-American in attendance. After graduating from the USC
law school in 1950, Judge Armendariz returned to El Paso,
Texas.
Early in his career Judge Armendariz tackled discrimination
head on while serving on the El Paso Civil Service Commission,
pushing the agency to end discrimination against Latino
applicants for civil service positions. Perhaps his most
lasting legacy will be his work on Hernandez v. The State of
Texas, which established Latinos as a class entitled to
protection under the 14th amendment of the U.S. Constitution.
From 1976 to 1985, he was an immigration judge (special
inquiry officer) with the U.S. Department of Justice and was
appointed to, and served on, the Texas Court of Appeals from
July 2, 1986, until November 30, 1986.
In addition to his service in government, Judge Armendariz
also found time to serve in leadership positions in influential
civic organizations. Judge Armendariz served as National
President of the League of United Latin American Citizens
during the 1950s and fought school segregation and
discrimination. Judge Armendariz also helped to form the
influential Mexican American Legal Defense ` Education Fund in
1968. Judge Armendariz had a never-ending passion for service
to his community, and practiced law until his death at age 88
on October 4, 2007.
To Designate the Federal Building Located at 844 North Rush Street in
Chicago, Illinois, as the ``William O. Lipinski Federal Building''
Public Law 111-77
(H.R. 2498)
October 19, 2009
This law designates the Federal building located at 844
North Rush Street in Chicago, Illinois, as the ``William O.
Lipinski Federal Building''. Former Representative William O.
Lipinski was a leader on transportation issues while he
represented the 3rd and 5th Congressional Districts of
Illinois. Representative Lipinski was born in Chicago on
December 22, 1937. He attended Loras College in Dubuque, Iowa,
and served in the United States Army Reserves from 1961 to
1967.
After serving in the armed forces, Representative Lipinski
held several different public service positions in Chicago,
Illinois, including working at the Chicago Park District for
over 17 years.
He was an Alderman in Chicago, a city councilman, and held
several different positions within the Democratic Party in
Chicago. Representative Lipinski was elected to Congress in
1982, and served until 2005.
Representative Lipinski was a leader on the Committee on
Transportation and Infrastructure throughout his tenure in
Congress. He served as the senior Democrat on the Subcommittee
on Railroads, the Subcommittee on Aviation, and the
Subcommittee on Highways and Transit. He strongly advocated for
transportation and connectivity issues in his district, whether
it was providing a local airport with access for financing for
infrastructure improvement or providing public transit options
to areas in his Congressional district that lacked access.
Representative Lipinski also played a large role in national
transportation policy by taking leadership roles in the past
two transportation authorization bills that provided funding
for local priorities in highways, highway safety, public
transit, and surface transportation programs.
Representative William O. Lipinski retired in 2005, and was
succeeded by his son, Representative Daniel Lipinski.
To Designate the United States Courthouse Located at 301 Simonton
Street in Key West, Florida, as the ``Sidney M. Aronovitz United States
Courthouse''
Public Law 111-78
(H.R. 2913)
October 19, 2009
This law designates the United States courthouse located at
301 Simonton Street in Key West, Florida, as the ``Sidney M.
Aronovitz United States Courthouse''. Judge Sidney M. Aronovitz
served as a U.S. District Court Judge for the Southern District
of Florida for 21 years. Aronovitz was born in Key West,
Florida, on June 20, 1920. After graduating from Key West High
School in 1937, he attended the University of Florida where he
was awarded a Bachelor of Arts degree in 1942, and a law
degree, with honors, in 1943. Aronovitz went on to serve as a
U.S. Army Captain from 1943-1946, earning multiple
distinctions, including a Bronze Star.
Between 1943 and 1976, Aronovitz served as a lawyer in
private practice in Miami, Florida. He also served as a City
Commissioner from 1962 to 1966, holding the position of Vice-
Mayor in 1965. In 1976, President Gerald Ford nominated Sidney
M. Aronovitz to serve as a U.S. District Court Judge for the
Southern District of Florida.
Judge Aronovitz was commissioned on September 21, 1976, and
served as a U.S. District Court Judge until his death in 1997.
In addition, he periodically sat on the U.S. Court of Appeals,
11th Circuit, and served on the U.S. Foreign Intelligence
Surveillance Court from 1988 to 1992. During his time on the
bench, Judge Aronovitz presided over some of Miami's most
colorful and complex cases.
Outside of the courtroom, Judge Aronovitz helped form
numerous educational, religious, and health organizations in
Dade County, Florida. The Judge Sidney M. Aronovitz Memorial
Scholarship was formed in his honor, and is awarded yearly to
minority students in Southern Florida wishing to continue their
education.
To Designate the United States Department of the Interior Building in
Washington, District of Columbia, as the ``Stewart Lee Udall Department
of the Interior Building''
Public Law 111-176
(H.R. 5128)
June 8, 2010
This law designates the United States Department of the
Interior Building located at 1849 C Street, Northwest, in
Washington, District of Columbia, as the ``Stewart Lee Udall
Department of the Interior Building''. Stewart Lee Udall was
born in St. Johns, Arizona, on January 31, 1920. He is the son
of Levi S. Udall, former Arizona Supreme Court Justice, and
Louise Lee Udall. He attended the University of Arizona, during
which he spent two years as a Mormon missionary. During World
War II, Stewart L. Udall served as a gunner in the United
States Air Force in the European theater. Upon returning to the
University of Arizona after his military service, he received
his law degree in 1948. Two years after graduation, Stewart L.
Udall opened a law firm in Tucson, Arizona, with his brother
Morris, who would later serve as a Member of Congress.
Stewart L. Udall was elected to the U.S. House of
Representatives and served on the Committee on Interior and
Insular Affairs (1955-1960) and the Committee on Education and
Labor (1955-1960).
President John F. Kennedy appointed Representative Udall as
Secretary of the Interior and he served in that position for
nine years (1961-1969). Secretary Udall's leadership at the
Department of the Interior was instrumental in crafting the
Wilderness Act, the Wild and Scenic Rivers Act, and in the
creation of the Land and Water Conservation Fund. His
leadership also led to the expansion of the National Park
system to include four new national parks, six new national
monuments, eight seashores and lakeshores, nine recreation
areas, 20 historic sites, and 56 wildlife refuges. Secretary
Udall was also instrumental in the passage of the National
Historic Preservation Act of 1966, the most far-reaching
preservation legislation ever enacted in the United States. He
also helped create and shape the National Register of Historic
Places, the Advisory Council on Historic Preservation, and the
Historic Preservation Fund. This framework supports nearly
every aspect of historic preservation today. After leaving
government service, Secretary Udall continued to contribute to
the nation's environmental affairs as an author, historian,
teacher, naturalist, and ambassador for the great outdoors.
To Designate the Annex Building Under Construction for the Elbert P.
Tuttle United States Court of Appeals Building in Atlanta, Georgia, as
the ``John C. Godbold Federal Building''
Public Law 111-234
(H.R. 4275)
August 16, 2010
This law designates the annex building under construction
for the Elbert P. Tuttle United States Court of Appeals
Building at 56 Forsyth Street in Atlanta, Georgia, as the
``John C. Godbold Federal Building.'' John C. Godbold was born
in 1920, in Coy, Alabama. He received a Bachelor of Science
degree from Auburn University in 1940 and attended Harvard Law
School. His study of law was put on hiatus to serve in the
armed forces during World War II. Following his service,
Godbold graduated from Harvard Law School in 1948 and entered
into private practice in Montgomery, Alabama. In 1966, Godbold
was appointed to the U.S. Court of Appeals for the 5th Circuit
by President Lyndon B. Johnson. In 1981, he was appointed Chief
Judge of the 5th Circuit. After creation of the U.S. Court of
Appeals for the 11th Circuit in 1981, Godbold was appointed
Chief Judge of the 11th Circuit. He is the only judge to act as
Chief Judge of two Federal circuits. Beginning in 1987, he
served as director of the Federal Judicial Center for three
years before returning to the 11th Circuit for the remainder of
his life.
Judge Godbold received the 1996 Edward J. Devitt
Distinguished Service to Justice Award and honorary doctorate
degrees from Sanford, Auburn, and Stetson Universities in 1981,
1988, and 1994, respectively. His article, Twenty Pages and
Twenty Minutes--Effective Advocacy on Appeal, is widely read in
American jurisprudence. Judge Godbold passed away on December
22, 2009.
To Designate the Federally Occupied Building Located at 1220 Echelon
Parkway in Jackson, Mississippi, as the ``James Chaney, Andrew Goodman,
Michael Schwerner, and Roy K. Moore Federal Building''
Public Law 111-243
(H.R. 3562)
September 30, 2010
This law designates the Federally-occupied building located
at 1220 Echelon Parkway in Jackson, Mississippi, as the ``James
Chaney, Andrew Goodman, Michael Schwerner, and Roy K. Moore
Federal Building''.
James Chaney, Andrew Goodman, and Michael Schwerner were
civil rights activists that were lynched and murdered during
the Freedom Summer of 1964. These three activists were in
Mississippi during the Summer of 1964 after a week-long
training on strategies for organizing African-Americans in
Mississippi to vote. On June 21, 1964, Chaney, Goodman, and
Schwerner drove to Longdale, Mississippi to visit the site of a
burned church in Neshoba County.
The three activists were arrested by the Neshoba County
police as they were leaving the site of the burned church and
held by the police for several hours. Later, they were released
only to be rearrested shortly thereafter. After the second
arrest, a Neshoba County police officer turned the three civil
rights activists over to local members of the Ku Klux Klan. All
three activists were murdered, and their bodies were buried in
an earthen dam outside of Philadelphia, Mississippi. These
events sparked a national uproar and led the Federal Government
to call up the state's National Guard and U.S. Navy to search
for the three men. The Federal Bureau of Investigation (FBI)
flooded the state with 150 FBI Special Agents in an attempt to
solve the crime and, for the first time, an FBI office was
established in the State of Mississippi. The bodies of these
three civil rights activists were found 44 days later buried in
an earthen dam near Philadelphia, Mississippi. The FBI
eventually arrested and charged eighteen suspects of which
seven were eventually sentenced. None served more than six
years for the crime. Over 35 years later, in 2005, the case was
reopened and Edgar Ray Killen was charged and convicted of
manslaughter.
FBI Agent Roy Moore was personally picked by FBI Director
J. Edgar Hoover to lead the investigation into the deaths of
these young men. Agent Moore said the FBI would be there until
it broke the back of the Ku Klux Klan, reestablished the rule
of law at the local level, and enforced the Civil Rights Act of
1964.
The murder of Chaney, Goodman, and Schwerner proved to be a
tipping point during the civil rights era that focused the
nation's interest on racial discrimination and intimidation in
Mississippi and helped to strengthen the nation's resolve for
equal rights for all Americans. The law is all the more
significant since it names the Jackson, Mississippi FBI field
office, which was created at the behest of President Lyndon B.
Johnson as a result of this horrific crime. These young men
died in service to their country on a mission to demand that
all Americans enjoy the same rights in our democracy.
To Designate the Federal Building Located at 100 North Palafox Street
in Pensacola, Florida, as the ``Winston E. Arnow Federal Building''
Public Law 111-297
(H.R. 4387)
December 14, 2010
This law designates the Federal building located at 100
North Palafox Street in Pensacola, Florida, as the ``Winston E.
Arnow Federal Building''. Pursuant to P.L. 108-288, the
building is currently named the ``Winston E. Arnow United
States Courthouse''. H.R. 4387 re-designates the building as a
Federal building because there is a U.S. Courthouse across the
street from the Arnow building and the Judiciary maintains that
having two adjacent buildings designated as courthouses is
confusing to jurors, litigants, and others.
Winston Eugene Arnow was born in Micancopy, Florida, in
1911. He attended the University of Florida and graduated with
a degree in Business Administration in 1932, and later earned a
law degree in 1933.
Mr. Arnow began his career in private practice, but took a
hiatus to serve in the U.S. Army during World War II as a Major
and a member of JAG Corps. He later returned to private
practice and served as a municipal judge before President
Lyndon B. Johnson appointed him as a U.S. District Judge. Judge
Arnow served as the Chief Judge of the Northern District of
Florida, stretching from Pensacola to Gainesville, from 1969
until 1981. Judge Arnow assumed senior status in 1981 and
continued his work on the Federal bench until his death in
1994.
Judicial authorities and officials viewed Judge Arnow as
``all integrity''; he ignored criticism by doing what he
thought was the right and proper thing to do to protect civil
liberties. His name is now synonymous with the momentous civil
rights period from 1969 to 1978 in northwest Florida, because
he followed the U.S. Supreme Court mandates to ensure public
school desegregation and improved prison conditions in the
Escambia County jail. Judge Arnow ordered the Escambia school
district desegregated in 1969 and in 1978 he was responsible
for drawing up a special electoral district to ensure that the
County Commission would have at least one black member. In
1972, Judge Arnow's decision regarding the Naval Live Oaks
Reservations ended a long controversial dispute over ownership
when he declared the historic woodland in the Gulf to be owned
by the citizens of the United States. Judge Arnow also presided
over the nationally spotlighted trial of the Gainesville Eight.
To Designate the Federal Building and U.S. Courthouse Located at 515
9th Street in Rapid City, South Dakota, as the ``Andrew W. Bogue
Federal Building and United States Courthouse''
Public Law 111-298
(H.R. 5651)
December 14, 2010
This law designates the Federal building and U.S.
courthouse located at 515 9th Street in Rapid City, South
Dakota, as the ``Andrew W. Bogue Federal Building and United
States Courthouse''.
Andrew Bogue was born on May 23, 1919, in Yankton, South
Dakota. After graduating from State College in Brookings, South
Dakota, Mr. Bogue served in the U.S. Army Signal Corps during
World War II. Upon completion of his service, he attended and
graduated from the University of South Dakota Law School in
1947. He went into private practice for several years before
returning to the U.S. Army for service in the JAG Corps. After
being discharged, he served on the South Dakota Cement
Commission from 1957 until 1966. In 1967, Judge Bogue was
elected a State court judge to the Second Judicial Circuit,
where he sat for three years until his appointment as a Federal
judge.
Judge Andrew Bogue was nominated to the Federal bench by
President Richard Nixon in 1970 and served for 15 years as an
active district Federal judge before taking on senior status in
1985. Judge Bogue served as Chief Judge from 1980 to 1985. Even
after taking on senior status, Judge Bogue continued to hear
cases up until a few months before his death on June 10, 2009.
To Designate the Building Occupied by the Government Printing Office
Located at 31451 East United Avenue in Pueblo, Colorado, as the ``Frank
Evans Government Printing Office Building''
Public Law 111-299
(H.R. 5706)
December 14, 2010
This law designates the building occupied by the Government
Printing Office (GPO) located at 31451 East United Avenue in
Pueblo, Colorado, as the ``Frank Evans Government Printing
Office Building''.
Frank Edward Evans was born on September 6, 1923, in
Pueblo, Colorado. He went to school in Colorado Springs before
attending Pomona College in 1941. He disrupted his studies to
serve as a U.S. Navy pilot during World War II. After
completion of his service, Mr. Evans attended the University of
Denver, graduating with a bachelor's degree, and then received
his law degree in 1950. After graduating from law school, Evans
went into private practice in Pueblo, Colorado, and was elected
to the Colorado State House of Representatives in 1960. In
1964, Evans was elected to U.S. House of Representatives, where
he served Colorado's 3rd Congressional District for seven terms
until his retirement in 1978. Representative Evans is credited
with bringing the Government Printing Office Distribution
Center to Pueblo, Colorado. Representative Frank Edwards Evans
died on June 8, 2010.
To Designate the Federal Building Located at 6401 Security Boulevard in
Baltimore, Maryland, Commonly Known as the Social Security
Administration Operations Building, as the ``Robert M. Ball Federal
Building''
Public Law 111-301
(H.R. 5773)
December 14, 2010
This law designates the Federal building located at 6401
Security Boulevard in Baltimore, Maryland, commonly known as
the Social Security Administration Operations Building, as the
``Robert M. Ball Federal Building''.
Commissioner Robert M. Ball was the longest-serving head of
the Social Security Administration (SSA) and one its staunchest
supporters throughout the Administration's long history.
Commissioner Ball was often described in press accounts as not
only the longest-serving Social Security Commissioner, but also
as chief advocate and defender of the SSA through the years.
Commissioner Ball joined the SSA just four years after it was
created by President Franklin D. Roosevelt.
Robert M. Ball was born in New York, New York, on March 28,
1914. He graduated from Wesleyan University in 1935 with a
Bachelor of Arts in English and in 1936 obtained a Masters
degree in Economics. Commissioner Ball got his start with the
SSA as a field assistant in New Jersey in 1939. He then began
his rise through the ranks at SSA by helping to implement the
disability insurance program beginning in 1956, orchestrating
the developments that produced the 1972 amendments to link
benefits to inflation, and helping to develop and implement
Medicare. From 1947 to 1948, he served as Staff Director for
the Senate Finance Committee's Advisory Council. After his time
on Capitol Hill, Commissioner Ball returned to the SSA and
served in several positions before he was appointed as
Commissioner by President John F. Kennedy in 1962.
Commissioner Ball went on to be appointed as Commissioner
under President Lyndon B. Johnson twice and later served under
President Richard M. Nixon. After Commissioner Ball left the
SSA, he continued to have a significant role in shaping the
program. In 1981, he served as a Member of the National
Commission on Social Security Reform, arguing for a mix of tax
increases and benefit cuts to maintain the viability of the
Social Security trust fund. Commissioner Ball remained an
outspoken opponent of any attempts to dismantle Social Security
or privatize Social Security throughout the 1990s. One
historian described Commissioner Ball as ``the major non-
Congressional player in the history of Social Security in the
period between 1950 and the present.'' Commissioner Robert M.
Ball died on January 29, 2008, and is survived by his wife of
71 years, Doris McCord Ball.
Authorizing the Use of the Capitol Grounds for the Greater Washington
Soap Box Derby
(H. Con. Res. 37)
March 12, 2009
H. Con. Res. 37 authorizes the use of the Capitol grounds
for the Greater Washington Soap Box Derby.
Authorizing the Use of the Capitol Grounds for the National Peace
Officers' Memorial Service
(H. Con. Res. 38)
May 12, 2009
H. Con. Res. 38 authorizes the use of the Capitol grounds
for the National Peace Officers' Memorial Service.
Authorizing the Use of the Capitol Grounds for the District of Columbia
Special Olympics Law Enforcement Torch Run
(H. Con. Res. 39)
March 17, 2009
H. Con. Res. 39 authorizes the use of the Capitol grounds
for the District of Columbia Special Olympics Law Enforcement
Torch Run.
Authorizing the Use of the Capitol Grounds for an Event To Honor
Military Personnel Who Have Died in Service to the United States and To
Acknowledge the Sacrifice of the families of Those Individuals as Part
of the National Weekend of Remembrance
(H. Con. Res. 171)
August 5, 2009
H. Con. Res. 171 permits the White House Commission on
Remembrance to sponsor a free public event on the Capitol
grounds on September 26, 2009, to honor military personnel who
have died in service to the United States, and to acknowledge
the sacrifice of their families as part of the National Weekend
of Remembrance.
Authorizing the Use of the Capitol Grounds for the Greater Washington
Soap Box Derby
(H. Con. Res. 247)
May 7, 2010
H. Con. Res. 247 permits the Greater Washington Soap Box
Derby Association to sponsor soap box derby races as a free
public event on the Capitol grounds on June 19, 2010.
Authorizing the Use of the Capitol Grounds for the District of Columbia
Special Olympics Law Enforcement Torch Run
(H. Con. Res. 263)
May 7, 2010
H. Con. Res. 263 authorizes the use of the Capitol grounds
for the 25th Annual District of Columbia Special Olympics Law
Enforcement Torch Run on June 4, 2010.
Authorizing the Use of the Capitol Grounds for the National Peace
Officers' Memorial Service
(H. Con. Res. 264)
April 29, 2010
H. Con. Res. 264 permits the Grand Lodge of the Fraternal
Order of Police and its auxiliary to sponsor a free public
event, the 29th annual National Peace Officers' Memorial
Service, on the Capitol grounds on May 15, 2010, to honor the
law enforcement officers who died in the line of duty during
2009.
Commending the Heroic Efforts of the People Fighting the Floods in
North Dakota and Minnesota
(H. Res. 415)
May 12, 2009
H. Res. 415 commends the heroic efforts of the people
fighting the floods in North Dakota and Minnesota.
Expressing Condolences to the Families of the Individuals Killed During
Unusual Storms and Floods in the State of Georgia Between September 18
and 21, 2009, and Expressing Gratitude to All of the Emergency
Personnel Who Continue To Work With Unyielding Determination To Meet
the Needs of Georgia's Residents
(H. Res. 765)
September 23, 2009
H. Res. 765 extends condolences to the families of those
who lost their lives, and to families who lost their homes and
other property, in the floods in Georgia. In addition, H. Res.
765 thanks the people of Georgia and the surrounding states who
continued to work to protect people from the floodwaters, and
expresses support for Federal Emergency Management Agency
(FEMA) efforts to respond to needs of affected citizens and
communities. It also honors the emergency responders for their
bravery and sacrifice.
Honoring the Heroism of the Seven United States Agency for
International Development, Office of U.S. Foreign Disaster Assistance,
and Federal Emergency Management Agency-Supported Urban Search and
Rescue Teams Deployed to Haiti From New York City, New York, Fairfax
County, Virginia, Los Angeles County, California, The City of Miami,
Florida, Miami-Dade County, Florida, and Virginia Beach, Virginia, and
Commending Their Dedication and Assistance in the Aftermath of the
January 12, 2010, Haitian Earthquake
(H. Res. 1059)
February 23, 2010
H. Res. 1059 honors the United States Agency for
International Development, Office of U.S. Foreign Disaster
Assistance, and Federal Emergency Management Agency-supported
urban search and rescue teams that were deployed to Haiti in
the aftermath of the January 12, 2010, Haitian earthquake.
Expressing the Sympathy and Condolences of the House of Representatives
to Those People Affected by the Flooding in Tennessee, Kentucky, and
Mississippi in May, 2010
(H. Res. 1337)
May 13, 2010
H. Res. 1337 expresses condolences to the families of those
who lost their lives or property as the result of flooding
beginning on May 2, 2010, in Tennessee, Kentucky, and
Mississippi. In addition, it expresses appreciation to the
people of Tennessee and the surrounding States who continue to
work to protect people from the floodwaters and aid in recovery
efforts and support to FEMA as it continues to respond to needs
of the affected communities. Finally, H. Res. 1337 honors the
emergency responders across Tennessee for their bravery and
sacrifice.
Resolution Observing the Fifth Anniversary of the Date on Which
Hurricane Rita Devastated the Coasts of Louisiana and Texas, and for
Other Purposes
(H. Res. 1583)
September 15, 2010
H. Res. 1583 observes the fifth anniversary of the date on
which Hurricane Rita devastated the coasts of Louisiana and
Texas, remembers those lost in the storm and in the process of
evacuation, recovery, and rebuilding; salutes the dedication of
the volunteers who offered assistance in support of those
affected by the storm; recognizes the progress of efforts to
rebuild the affected Gulf Coast region; commends the
persistence of the people of the States of Louisiana and Texas
following the second major hurricane to hit the Gulf Coast that
season, and reaffirms Congress' commitment to restore and renew
the Gulf Coast region.
Other Legislation
Disaster Response, Recovery and Mitigation Enhancement Act of 2009
(H.R. 3377)
Reported Favorably to the House on July 22, 2010
H.R. 3377 the ``Disaster Response, Recovery, and Mitigation
Enhancement Act of 2009'', amends the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
Sec. Sec. 5121-5207) (Stafford Act) to improve the assistance
that the Federal Government provides to States, local
governments, and communities after major disasters and
emergencies.
The Stafford Act is administered by the Federal Emergency
Management Agency (FEMA) and provides the statutory authority
for most Federal activities in the wake of a natural disaster
or other emergency. While the Stafford Act is best known for
the response and recovery activities undertaken by FEMA after
the President declares a major disaster, the Stafford Act also
authorizes the Federal Government's all hazard preparedness and
mitigation programs. Together, these programs help communities
and citizens prepare for, respond to, recover from, and
mitigate the broad range of hazards our nation faces.
H.R. 3377 reauthorizes certain FEMA programs and
activities, codifies other programs that FEMA is currently
administering under the authority of the Stafford Act but which
are not expressly authorized in statute, amends eligibility
under FEMA programs, and makes technical corrections to the
Stafford Act.
FEMA Independence Act of 2009
(H.R 1174)
Reported Favorably to the House on April 13, 2010
H.R. 1174, the ``FEMA Independence Act of 2009'', re-
establishes the Federal Emergency Management Agency (FEMA) as
an independent, cabinet-level agency reporting directly to the
President. Prior to the creation of the Department of Homeland
Security (DHS) in 2003, FEMA was an independent agency
responsible for administering the Federal Government's
assistance to States and local governments whose citizens and
communities are affected by disasters. Since 2003, the nation
has witnessed a stark deterioration in FEMA's response and
provision of disaster assistance. By removing FEMA from the
deep and layered bureaucracy within DHS, the bill restores
FEMA's ability to be a nimble and effective response agency.
H.R. 1174 reinstates FEMA's mission to save lives, reduce
damage to property, and protect citizens and communities
nationwide from a variety of hazards, both natural and man-
made. While leading a comprehensive emergency management system
at the Federal level, FEMA will work to foster and harness
State and local capability to respond successfully to a
disaster. As prescribed by the bill, the newly independent FEMA
will be led by an Administrator and a Deputy Administrator with
extensive experience in how to prepare for, respond to, recover
from, and mitigate hazards. The bill maintains and strengthens
FEMA's regional structure by authorizing ten regional offices
and three area offices. Under the bill, FEMA would have
responsibility for core emergency management programs and
functions currently administered by the Agency.
Economic Revitalization and Innovation Act of 2010
(H.R. 5897)
Reported Favorably to the House on September 29, 2010
The Economic Revitalization and Innovation Act of 2010
reauthorizes Economic Development Administration (EDA) programs
and provides $500 million in funding for each of fiscal years
2011 through 2015, for a total authorization of $2.5 billion.
H.R. 5897 creates new programs and adds additional flexibility
to EDA's current authorities including an increased focus on
long-term job creation and business formation through expanded
investments in business incubators and science and research
parks. The bill ensures that EDA will continue to meet the
challenges of high unemployment in economically distressed
communities and the need for innovative job creation programs.
Appalachian Veterans Outreach Improvement Act
(H.R. 5226)
Reported Favorably to the House on July 29, 2010
H.R. 5226, the ``Appalachian Veterans Outreach Improvement
Act'', directs the Secretary of Veterans Affairs (VA) and the
Appalachian Regional Commission (ARC) to carry out a program of
outreach to veterans who reside in the Appalachian region in
order to increase their awareness, access, and use of federal,
state, and local programs providing compensation and other
benefits available as a result of service in the Armed Forces.
The bill permits the VA to enter into agreements with other
Federal and State agencies to carry out programs of outreach to
veterans and the ARC to provide technical assistance, award
grants, enter into contracts or provide funding to persons or
entities in Appalachia for the purpose of increased access and
awareness of veterans programs. Lastly, the bill permits the
Secretary of Veterans Affairs and the ARC to provide directly
or by contract with nonprofit organizations, technical
assistance to increase the number of veterans receiving
Federal, State and local services.
Fire Grants Reauthorization Act of 2009
(H.R. 3791)
Passed the House on November 18, 2009
The ``Fire Grants Reauthorization Act of 2009'' amends the
Federal Fire Prevention and Control Act of 1974 to reauthorize
through FY 2014 FEMA's Assistance to Firefighters Grants (AFG)
program and the Staffing for Adequate Fire and Emergency
Response program. Additionally, it modifies the scope of the
AFG program by permitting the use of grant funds for volunteer,
non-fire service emergency medical services organizations and
for certifying fire and building inspectors employed by a fire
department or serving as a volunteer building inspector with a
fire department. The bill also prohibits providing program
funds to the Association of Community Organizations for Reform
Now or any of its affiliates, subsidiaries, or allied
organizations.
H.R. 3791 increases funding for fire prevention and
firefighter safety programs; and maximum AFG grant amounts.
Also, it lowers matching and maintenance of expenditure
requirements and authorizes the Administrator of FEMA to waive
or reduce such requirements for applicants facing demonstrated
economic hardship. The bill revises grant allocation
requirements to require 25 percent of grant amounts for a
fiscal year to be allocated to each of: career fire
departments; volunteer fire departments; combination fire
departments. It also requires remaining amounts to be awarded
on a competitive basis among such fire departments.
Multi-State Disaster Relief Act
(H.R. 5825)
Passed the House on July 27, 2010
H.R. 5825 directs the Administrator of FEMA, in cooperation
with representatives of State and local emergency management
agencies, to review, update, and revise through rulemaking, the
factors, including the severity, magnitude, and impact of a
disaster considered when evaluating a governor's request for a
major disaster declaration. The bill also requires the
Administrator to include as a factor whether a contiguous
county in an adjacent State has been designated in a major
disaster or emergency as a result of the same incident.
National Commission on Children and Disasters Reauthorization Act of
2010
(H.R. 5266)
Passed the House on July 20, 2010
H.R. 5266, the ``National Commission on Children and
Disasters Reauthorization Act of 2010'', reauthorizes the
National Commission on Children and Disasters (Commission) and
extends the due date of the final report of the Commission to
December 31, 2012.
Hurricane Katrina exposed many problems with our nation's
ability to meet the needs of children during disasters.
Approximately one-fourth of the people who lived in areas
damaged or flooded by Hurricane Katrina were under age 18. In
response, Congress created the National Commission on Children
and Disasters Commission in P.L. 110-161, Title VI, the Kids in
Disasters Well Being Act of 2007. The purposes of the
Commission are to: (1) conduct a comprehensive study to examine
and assess the needs of children as they relate to preparing
for, responding to, and recovering from all hazards, including
major disasters and emergencies; (2) build upon and review the
recommendations of other government and nongovernmental
entities that work on issues relating to the needs of children
in disasters; and (3) report to the President and Congress on
its specific findings, conclusions, and recommendations to
address the needs of children as they relate to preparing for,
responding to, and recovering from all hazards, including major
disasters and emergencies.
Pursuant to the 2007 Act, the Commission is required to
submit an interim report, followed by a final report two years
after its first meeting, to the President and Congress, on its
specific findings, conclusions, and recommendations. The
Commission held its first meeting October 14, 2008. On October
14, 2009, the Commission issued an interim report. The
Commission issued an additional progress report on May 11,
2010. In response to previous testimony from the Commission,
the Committee added language to H.R. 3377, the ``Disaster
Response, Recovery, and Mitigation Enhancement Act of 2009'',
to require the Administrator of FEMA to consider the
recommendations of the Commission in the drafting and updating
of certain plans, strategies, policies, regulations, and
educational course materials. Reauthorizing the Commission will
allow it to advise Congress and the President on how this
provision and the recommendations of the Commission are being
implemented.
To Authorize the Administrator of General Services To Convey a Parcel
of Real Property in the District of Columbia To Provide For the
Establishment of a National Women's History Museum
(H.R. 1700)
Passed the House on October 14, 2009
H.R. 1700 directs the Administrator of General Services to
sell, at fair market value, real property in southwest
Washington, D.C., commonly known as the ``Cotton Annex'' site,
to the National Women's History Museum, Inc. (NWHM), a District
of Columbia non-profit corporation, for the purpose of
establishing a museum dedicated to women's history. The site is
bounded by 12th Street SW., Independence Ave., the James
Forrestal Building, and C Street SW. The NWHM is a non-
partisan, educational institution with a mission of
highlighting, and celebrating historic contributions of women
in the United States.
The NWHM was founded in 1996, and has been seeking a
permanent physical location in the nation's capital since its
inception. According to the NWHM, it intends to build a
``green'' building that will cost between $250 million and $350
million. The costs will include design, planning, construction,
and two years of operation. The museum is expected to be a
focal point that will have permanent and temporary exhibits,
special events, and education materials that highlight women's
social, political, and intellectual contributions to history.
According to the NWHM, this museum will be the first permanent
and comprehensive record of women's history in Washington, D.C.
The site will be conveyed to the NWHM at fair market value
of the highest and best use of the parcel, as determined by an
independent appraisal. The appraisal will be commissioned by
the Administrator and paid for by the NWHM. All costs
associated with the transfer of the parcel will be borne by the
NWHM. The NWHM will have five years to raise funds to construct
the museum. If, after five years, the fundraising has not been
successful, the property will revert back to the Federal
Government. The Federal Government's interest in the parcel is
further protected by limiting use of the parcel as a site for
the NWHM for 99 years.
To Provide for the Joint Appointment of the Architect of the Capitol by
the Speaker of the House of Representatives, the President Pro Tempore
of the Senate, the Majority and Minority Leaders of the House of
Representatives and Senate, and the Chairs and Ranking Minority Members
of the Committees of Congress With Jurisdiction Over the Office of the
Architect of the Capitol, and for Other Purposes
(H.R. 2843)
Passed the House on February 3, 2010
H.R. 2843 requires the Architect of the Capitol (AOC) to be
appointed jointly by the Speaker of the House of
Representatives, the President pro tempore of the Senate, the
Majority and Minority Leaders of the House of Representatives
and Senate, the chair and ranking Minority Member of the House
Committee on House Administration, the chair and ranking
Minority Member of the Senate Committee on Rules and
Administration, and the chair and ranking Minority Members of
the congressional appropriations committees. Additionally it
establishes a 10-year term for the AOC, as under current law,
but permits additional reappointments and repeals the
requirement of the Legislative Branch Appropriations Act, 1990
that the AOC be appointed by the President, by and with the
advice and consent of the Senate.
To Authorize the Board of Regents of the Smithsonian Institution To
Plan, Design, and Construct a Vehicle Maintenance Building at the
Vehicle Maintenance Branch of the Smithsonian Institution Located in
Suitland, Maryland, and for Other Purposes
(H.R. 3224)
Passed the House on December 8, 2009
H.R. 3224 authorizes $4 million for the Board of Regents of
the Smithsonian Institution to plan, design and construct a
vehicle maintenance building in Suitland, Maryland.
The current location, at the National Zoological Park's
General Services Building, is unsuitable based on space
constraints and potential environmental hazards. Vehicle
maintenance currently shares space with the Zoo's Animal
Nutrition Commissary, exhibit production shop, horticulture
storage, merchandise warehouse and professional office
functions. It creates additional traffic in an area heavily
used by pedestrians and vehicles of Zoo visitors. It is not
convenient to vendors who supply parts for vehicle maintenance.
The narrow service drive makes access to service bays awkward.
It does not have proper facilities to accommodate use of
alternative fuels.
The Suitland site allows for greater use of alternative
fuels by many of the 780 Smithsonian vehicles and pieces of
equipment, valued at more than $17 million, and better
compliance with environmental regulations. Timing for the
relocation is also propitious since the General Services
Building is to undergo structural renovations beginning in FY
2012. The Smithsonian has determined that construction of a
vehicle maintenance building at the Suitland site will be more
cost-effective than leasing a facility.
Authorizes the Board of Regents of the Smithsonian Institution To Plan,
Design, and Construct a Facility and To Enter Into Agreements Relating
to Education Programs at the National Zoological Park Facility in Front
Royal, Virginia
(H.R. 5717)
September 28, 2010
H.R. 5717 authorizes the renovation and expansion of an
existing building to be used as an educational facility at the
Smithsonian Institution's National Zoological Park (NZP)
facility in Front Royal, Virginia. The bill also authorizes
third parties to construct and operate housing and food service
facilities on Smithsonian property that further the educational
and research program goals of the NZP. The provision of the
housing and food service facilities and their operation are to
be funded entirely from other sources, and the bill expressly
provides that these costs will not be borne by the Smithsonian
Institution.
The NZP building will be renovated and expanded to 25,400
gross square feet. It will consist of classrooms, laboratories,
offices, and support spaces. The construction is planned to
provide a code-compliant, Leadership in Energy ` Environmental
Design (LEED)-certified facility, using the entire existing
structure, which consists of 14,925 gross square feet. Reuse of
existing structures is a hallmark of sustainable design and
construction because it minimizes waste. The operation and
maintenance costs of the renovated and expanded existing
facility are to be covered by tuition payments from students
attending the educational facility.
To Designate the United States Courthouse To Be Constructed in Jackson,
Mississippi, as the ``R. Jess Brown United States Courthouse''
(H.R. 842)
Passed the House on March 10, 2009
H.R. 842 designates the United States Courthouse to be
constructed in Jackson, Mississippi, as the ``R. Jess Brown
United States Courthouse''.
R. Jess Brown was born in Coffeeville, Kansas, on September
2, 1912. He was educated in the Muskogee, Oklahoma, public
school system. He received a Bachelor of Education degree from
Illinois State University, known then as Illinois State Normal
University, in 1935, and a Master of Education degree from the
University of Indiana in 1943. He attended Texas Southern Law
School.
In 1948, he was a co-plaintiff in a lawsuit for equal
salaries for Jackson, Mississippi school teachers. In 1953, he
was admitted to the bar for the State of Mississippi and
admitted to practice before the United States District Court
for the Southern District of Mississippi. In 1955, he co-
founded the Magnolia Bar Association, and he later served on
the Board of the National Bar Association for nearly 15 years.
In 1958, he was admitted to practice before the United States
Supreme Court.
As Associate Counsel for the National Association for the
Advancement of Colored People (NAACP) Legal Defense and
Educational Fund, Brown filed the first civil rights suit in
Mississippi in the 1950s in Jefferson Davis County seeking the
enforcement of the right of black citizens to become registered
voters. In 1961, Brown represented James H. Meredith in his
suit to be allowed to enter the University of Mississippi; his
victory in this case opened the doors of that university to all
of Mississippi's citizens. While with the NAACP Legal Defense
Fund, he played a major role in fighting discrimination in the
areas of transportation and other public accommodations working
alongside Thurgood Marshall, who would later become Associate
Justice of the United States Supreme Court.
Brown also served as counsel for the American Civil
Liberties Union, where he was successful in obtaining reversals
of convictions of black defendants due to discrimination in
jury selection. He also represented numerous black defendants
in cases where the State sought the death penalty. As a result
of these appeals, none of these defendants were ever executed.
R. Jess Brown died in Jackson, Mississippi, on January 2,
1990.
To Designate the United States Bankruptcy Courthouse Located at 101
Barr Street in Lexington, Kentucky, as the ``Scott Reed Federal
Building and United States Courthouse''
(H.R. 869)
Passed the House on March 10, 2009
H.R. 869 designates the United States Bankruptcy Courthouse
located at 101 Barr Street in Lexington, Kentucky as the
``Scott Reed Federal Building and United States Courthouse''.
Judge Scott Reed was born in Lexington, Kentucky, on July
3, 1921, and died February 17, 1994. Judge Reed served as an
attorney, State judge, and Federal judge. While in law school,
he was Editor in Chief of the Kentucky Law Journal, graduated
with distinction, and was awarded the Order of the Coif, the
highest academic award that can be given to a law school
graduate. While in the private practice of law, he was County
Attorney, retained as counsel for the Fayette County School
Board, and also distinguished himself as a trial lawyer of
great skill. Judge Reed was elected as a Fellow in the National
College of the Judiciary in 1965. Judge Reed was also voting
member of the American Law Institute, a scholarly organization.
From 1964 until 1969, Judge Reed was a member of the First
Division of the Fayette Circuit Court when he was elected to
the Kentucky Court of Appeals, then the highest court in the
State, and was chosen by his colleagues of the Court of Appeals
as Chief Justice. He became the first Chief Justice of the
Commonwealth of Kentucky. His opinions from the Supreme Court
of Kentucky were highly regarded and often cited by other
jurisdictions. Judge Reed was a member of the American,
Kentucky, and Fayette County Bar Associations.
On November 2, 1979, President Jimmy Carter appointed him
as a United States District Judge for the Eastern District of
Kentucky. He became a Senior Judge on August 1, 1988, and
retired on April 1, 1990. He was a frequent lecturer to the
National College of Trial Judges and was named to the Hall of
Distinguished Alumni of the University of Kentucky on April 11,
1980.
To Designate the United States Courthouse Located at 131 East 4th
Street in Davenport, Iowa, as the ``James A. Leach United States
Courthouse''
(H.R. 887)
Passed the House on March 10, 2009
H.R. 887 designates the United States courthouse located at
131 East 4th Street in Davenport, Iowa, as the ``James A. Leach
United States Courthouse''.
James Albert Smith Leach was born in Davenport, Iowa, on
October 15, 1942. Leach attended the public schools of
Davenport, Iowa, and received his Bachelor of Arts degree from
Princeton University in 1964. Leach later received a Master of
Arts degree in Soviet Politics from the School of Advanced
International Studies of Johns Hopkins University in 1966, and
subsequently attended the London School of Economics.
Former Representative Leach began his public service career
in 1965 as a staff person to then-Representative Donald
Rumsfeld. In 1968, Leach joined the U.S. Department of State as
a Foreign Service Officer and subsequently served as special
assistant to the director at the Office of Economic
Opportunity. In the 1970s, Leach served in various capacities
with the United Nations, the United States Advisory Commission
on International Education and Cultural Affairs, and the
Federal Home Loan Bank Board.
In 1976, Leach was elected to Congress. Representative
Leach represented the 2nd District of Iowa in the United States
House of Representatives for 30 years (1977-2007). A career
public servant, Representative Leach chaired the Committee on
Banking and Financial Services, the Subcommittee on Asian and
Pacific Affairs, and the Congressional-Executive Commission on
China. He holds eight honorary degrees, has received
decorations from two foreign governments, and is the recipient
of the Wayne Morse Integrity in Politics Award, the Woodrow
Wilson Award from Johns Hopkins University, the Adlai Stevenson
Award from the United Nations Association, and the Edger
Wayburn Award from the Sierra Club.
In February 2007, former Representative Leach joined the
faculty of Princeton's Woodrow Wilson School of Public and
International Affairs as a visiting professor.
To Designate the Federal Building and United States Courthouse Located
at 1300 Victoria Street in Laredo, Texas, as the ``George P. Kazen
Federal Building and United States Courthouse''
(H.R. 2423)
Passed the House on October 15, 2009
H.R. 2423 designates the Federal building and United States
courthouse located at 1300 Victoria Street in Laredo, Texas, as
the ``George P. Kazen Federal Building and United States
Courthouse''. H.R. 2423 will not take effect until the first
day on which George P. Kazen is no longer serving as a Federal
District Judge.
George P. Kazen was born in Laredo, Texas, in 1940. In
1960, he earned a bachelor's degree in Business Administration
from the University of Texas. He later earned his law degree
from the University of Texas School of Law in 1961. Kazen began
his professional career as a Briefing Attorney for the Texas
Supreme Court in 1961 and 1962. From 1962 to 1965, he was a
U.S. Air Force Captain in the Judge Advocate General's (JAG)
Corps. Following his military service, Kazen worked in a
private practice in Laredo until 1979.
In 1979, President Jimmy Carter nominated George P. Kazen
as a U.S. District Court Judge for the Southern District of
Texas. Judge Kazen has served on the bench for more than 30
years, including as Chief Judge from 1996 to 2003. On May 31,
2009, he assumed senior status on the court.
During his tenure on the bench, Judge Kazen considered a
wide variety of cases. In Luna v. Van Zandt, a 1982 case, he
invalidated a Texas statute that allowed for the detaining of
individuals perceived as mentally ill for up to 14 days without
a commitment hearing. In addition, Judge Kazen has testified
before Congress and written several articles on issues of
Federalism and the courts. Outside of the courtroom, Judge
Kazen is a stalwart of his community serving numerous civic
organizations in South Texas.
To Designate the United States Courthouse Under Construction at 101
South United States Route 1 in Fort Pierce, Florida, as the ``Alto Lee
Adams, Sr., United States Courthouse''
(H.R. 3193)
Passed the House on September 9, 2009
H.R. 3193 designates the United States courthouse under
construction at 101 South United States Route 1 in Fort Pierce,
Florida, as the ``Alto Lee Adams, Sr., United States
Courthouse''. Alto Lee Adams, Sr. was born and raised in Walton
County, Florida, and graduated from the University of Florida
Law School in 1921. After practicing law in Fort Pierce County
for 14 years, Judge Adams was appointed to the Florida state
circuit court in 1938.
In 1940, Florida citizens voted for the creation of a
seventh seat on the State Supreme Court. Then-Governor Cone
appointed Judge Adams to the State's highest court. He served
on the Florida Supreme Court until 1951, the last two years as
the Chief Justice. During this time, Justice Adams authored one
of his most highly-regarded decisions in Taylor v. State, which
illustrated Justice Adams' dedication to civil rights. He wrote
that ``[a]s to the relative rights and duties, the law makes no
[racial] distinction.'' Justice Adams also continually
advocated for individual property rights over the Federal
Government's power of eminent domain. In 1967, then-Governor
Kirk re-appointed Justice Adams to the State Supreme Court,
where he remained on the court until his mandatory retirement
in 1968. Throughout his legal career, Justice Adams co-authored
a book and wrote several articles regarding legal history and
philosophy. His 13 years of service on the Florida State
Supreme Court are marked by his fairness on the bench.
He was also an active member of his community serving as
President of the Florida State Elks Association and as Vice
Chair of the State Welfare Board.
To Designate the Federal Building and United States Courthouse Located
at 224 South Boulder Avenue in Tulsa, Oklahoma, as the ``H. Dale Cook
Federal Building and United States Courthouse''
(H.R. 3305)
Passed the House on November 17, 2009
H.R. 3305 designates the Federal building and United States
courthouse located at 224 South Boulder Avenue in Tulsa,
Oklahoma, as the ``H. Dale Cook Federal Building and United
States Courthouse''. H. Dale Cook was born April 14, 1924 in
Guthrie, Oklahoma.
On December 2, 1974, President Gerald Ford nominated H.
Dale Cook to serve as a Federal Judge for the United States
District Court for the Western, Northern, and Eastern Districts
of Oklahoma. Cook was confirmed by the U.S. Senate on December
18, 1974. In 1979, Cook became the Chief Judge for the Northern
District of Oklahoma, and held this position until becoming
Senior Judge in 1992. As a Senior Judge, Cook carried a robust
criminal docket until months before his death in September
2008.
H. Dale Cook spent much of his professional career in
public service. During 1944 and 1945, he served as a fighter
pilot instructor and achieved a Lieutenant rank in the United
States Army Air Corps. He then served in the United States Air
Force Reserve from 1945 until 1953. During that time, he earned
his Bachelor of Science and Bachelor of Laws from the
University of Oklahoma and the University of Oklahoma School of
Law in 1949 and 1950, respectively.
Before becoming a Federal Judge, H. Dale Cook held various
public service roles, including serving as the Logan County,
Oklahoma Attorney (1950-51), First Assistant U.S. Attorney for
the Western District of Oklahoma (1954-58), and as Legal
Counsel to the Governor of Oklahoma (1963-65). From 1971 to
1974, Cook served in Washington, D.C. as the Director of the
Bureau of Hearings and Appeals for the Social Security
Administration. His career also contained multiple tenures in
private practice, and from 1969 to 1971, he served as President
of Shepherd Mall State Bank in Oklahoma City, Oklahoma.
Authorizing the Use of the Capitol Grounds for a celebration of
Citizenship Day
(H. Con. Res. 136)
Passed the House on September 9, 2009
H. Con. Res. 136 permits the National Korean American
Service and Education Consortium to sponsor a free public event
on the Capitol grounds on September 17, 2009, to celebrate
Citizenship Day.
Hearings
During the 111th Congress, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held 34
hearings and three Members' roundtables.
GSA's Economic Recovery Role: Job Creation, Repair and Energy
Efficiency in Federal Buildings and Accountability
On February 11, 2009, the Subcommittee held a hearing to
receive testimony on how infrastructure investment in Federal
buildings contributes to job creation and economic recovery.
The Subcommittee received testimony from the Acting
Administrator of General Services, a representative of an
association of architects, and other interested parties.
The Acting Administrator of General Services testified
regarding the energy efficiency of solar energy, in particular
solar panels and solar roof installations, and the importance
of such investment to the nation's economic recovery. According
to one witness, production and installation of solar energy
systems creates more high-quality jobs than investment in any
other energy technology: 140 manufacturing jobs, 100
installation jobs, and three ongoing operations and maintenance
jobs are created with each installation of ten megawatt
photovoltaic capacity.
These infrastructure investments improve energy efficiency
and promote alternative/renewable energy technologies. They
also produce a positive return on investment by reducing
operating costs and energy consumption. According to the
General Services Administration (GSA), for every $1 million
invested in Federal construction, an additional $4.3 million is
generated in the local economy. GSA ready-to-go projects
include repair, alteration, and construction of land ports of
entry, Federal buildings, and U.S. courthouses. An example of a
ready-to-go project with a significant energy efficiency
component is the Internal Revenue Service project in
Massachusetts. This project will incorporate advantages of site
location and building characteristics to install solar roof
technology, which will reduce heating and cooling loads, and
will provide electricity for building operations. Another
example of investment in energy technology is the Federal
building in Portland, Oregon. This project involves removing
the exterior precast cladding and replacing it with new energy
efficient window walls. Not only will the new building be more
energy efficient but also the retrofit will create
approximately 13,000 additional square feet in the building.
The Acting Administrator also testified regarding how GSA
planned to select projects funded under the American Recovery
and Reinvestment Act (Recovery Act) (P.L. 111-5). GSA testified
that the agency had convened a team consisting of national and
regional office representatives to review projects that would
be good candidates for funding. GSA planned to evaluate
projects on a number of criteria, the two most important
criteria being: (1) how quickly the project could get started,
and (2) how much added energy efficiency and sustainability
could be gained from projects ready for construction award
within 90-day, one-year, and two-year time frames.
The Subcommittee also reviewed how using contracting
techniques such as design-build contracts would allow GSA to
start work quickly and make simultaneous improvements to
existing designs. The agency gathered and prepared standard
scopes of work for many of these improvements, including some
provided by the national laboratories run by the Department of
Energy.
Post-Katrina Disaster Response and Recovery: Evaluating FEMA's
Continuing Efforts in the Gulf Coast and Response to Recent Disasters
On February 25, 2009, the Subcommittee held a hearing to
receive testimony on the status of the recovery from Hurricane
Katrina in the Gulf Coast, as well as recovery efforts
involving more recent disasters in Texas and Kentucky. The
Subcommittee received testimony from the Acting Deputy
Administrator of FEMA; Assistant Administrator, Gulf Coast
Recovery Office, FEMA; Executive Director of the Louisiana
Recovery Authority; Immediate Past President of the Gulf Coast
Community Foundation, Mississippi; and a local official of
Grayson County, Kentucky.
The hearing focused on overall disaster recovery programs
being provided by FEMA and concentrated on housing policy, and
problems and solutions regarding rebuilding public
infrastructure. FEMA testified on the status of the disaster
recovery programs in the Gulf Coast and difficulties in those
programs, particularly ongoing issues with the Public
Assistance program. A witness representing Grayson County,
Kentucky, testified on the status of response and recovery
efforts for ice storms that occurred the previous month in that
county.
Economic development Administration Reauthorization: Rating Past
Performance and Setting Goals During an Economic Crisis
On March 10, 2009, the Subcommittee held a hearing to
receive testimony on EDA grant programs, major operations, and
priorities for its reauthorization. The Subcommittee received
testimony from the Acting Assistant Secretary of Commerce for
Economic Development, U.S. Department of Commerce; Acting
Deputy Assistant Secretary of Commerce for Economic
Development, EDA; Executive Director of the Iowa Northland
Regional Council of Governments; Director of the EDA University
Program at the University of Michigan; Executive Director of
the Northern Maine Development Commission; Executive Director
of the South Florida Regional Planning Council; Former Director
of the Office of Strategic Planning, EDA; and a representative
of Grant Thornton.
Witness testimony focused on EDA's $150 million
appropriation under the Recovery Act, and EDA's recent $500
million supplemental appropriation to address the economic
recovery of disaster-impacted communities. EDA's program
effectiveness was confirmed by testimony from a representative
of Grant Thornton. Grant Thornton completed a study of EDA's
construction program which found that 2.2 to five jobs were
created for every $10,000 of EDA investment. Furthermore,
evidence was presented to demonstrate the particular
effectiveness of investments made in business incubators--a
particular investment focus of EDA historically.
The Serious Commerical Real Estate Credit Crunch and GSA: Leasing and
Building During an Economic Crisis
On March 20, 2009, the Subcommittee held a hearing to
receive testimony on the commercial real estate credit crunch
and GSA's leasing and building program during the recent
economic crisis. The Subcommittee received testimony from the
Assistant Commissioner, Office of Real Estate Acquisition,
Public Buildings Service (PBS), GSA; and other stakeholders.
In reaction to a decade of the banking industry's lax
lending practices and poor underwriting due diligence which
lead to unprecedented residential foreclosures, access to
capital for real estate has become burdensome and restrictive.
According to the International Monetary Fund (IMF), ``falling
house prices and slowing economic growth are hitting credit.''
Banks are under continuing stress and will more than likely
continue to restrict lending. Thus, even healthy companies are
or will be deprived of money for expansion. Access to capital
is essential to growth and when access is denied the economy is
weakened.
GSA relies on the private sector to supply by lease more
than 50 percent of the Federal Government's need for general
purpose office space. The inability of the private sector to
supply space will negatively affect not only GSA's space
distribution within its portfolio but also the budgets of
Federal agencies that rely on GSA to supply office space. The
hearing explored how GSA could be more efficient in its leasing
functions to take advantage of a market that was favorable to
commercial office space tenants.
Disaster Capacity in the National Capital Region: Experiences,
Capabilities, and Weaknesses
On April 3, 2009, the Subcommittee held a hearing to
receive testimony on disaster preparedness and response
capacity in the National Capital Region. The Subcommittee
received testimony from the Region III Administrator, FEMA;
Acting Director, Office of the National Capital Region, FEMA;
Chief, U.S. Capitol Police Department; Chief, Washington
Metropolitan Area Transit Authority Police; Director, Institute
for Public Health Emergency Response, ER ONE at Washington
Hospital Center; Commanding General, District of Columbia
National Guard; President and Chief Executive Officer, American
Red Cross of the National Capital Area; Director, Homeland
Security and Emergency Management Agency, Washington, D.C.; and
Deputy Chief Administrative Officer for Public Safety and
Director of Homeland Security, Office of the County Executive,
Prince George's County, Maryland.
The hearing focused on how Federal executive and
legislative branch agencies, the District of Columbia, multi-
state agencies, volunteer organizations, and the private sector
are preparing for disasters and how they will respond. The
hearing also focused on plans to safeguard the citizens of the
National Capital Region in the event of a disaster.
FEMA: Preparedness for the 2009 Hurricane Season
On May 1, 2009, the Subcommittee held a field hearing in
Miami, Florida, to receive testimony on disaster preparedness
and response in anticipation of the 2009 Atlantic hurricane
season. The Subcommittee received testimony from the Region IV
Administrator, FEMA, Deputy Director, National Hurricane
Center, National Oceanic and Atmospheric Administration (NOAA);
Deputy Director, Florida Division of Emergency Management;
Disaster Officer, Florida, American Red Cross; and Assistant
Director, Miami-Dade Department of Emergency Management and
Homeland Security.
The Deputy Director of the National Hurricane Center
testified on the outlook for the 2009 Hurricane Season. FEMA,
State of Florida, and American Red Cross officials testified on
disaster preparedness for the 2009 Atlantic hurricane season.
Tracking Hearing #2: GSA Stimulus Funds--Up, Out, and Creating Jobs
On May 5, 2009, the Subcommittee held a hearing to receive
testimony on Recovery Act implementation efforts in programs
administered by GSA. The Subcommittee received testimony from
the Project Management Office Executive of GSA; GSA Inspector
General (GSA IG); and Assistant Deputy Commissioner, Budget,
Finance, and Management of the Social Security Administration
(SSA).
The Recovery Act provided $5.5 billion for GSA to repair,
alter, and construct Federal buildings, and to convert existing
Federal buildings into more energy efficient buildings. On
March 31, 2009, GSA released a comprehensive list of Recovery
Act capital projects, including projects in all 50 states, the
District of Columbia, and two U.S. territories. In particular,
the Subcommittee reviewed the status of SSA's National Computer
Center (NCC) currently located at Woodlawn, Maryland, and
construction of the new Department of Homeland Security (DHS)
headquarters at St. Elizabeths, Washington, D.C.
The Subcommittee reviewed the steps that GSA had taken to
hire contractor support to aid in Recovery Act project
management. Members also investigated the energy efficiency and
conservation aspects of GSA's plans, including projects with
green roofs, photovoltaic roofs, and cool membrane roofs.
The GSA IG testified about the challenges associated with
implementing Recovery Act funds, an amount four times greater
than the normal appropriation amount for GSA. According to the
GSA IG, GSA faced four challenges in implementing the Recovery
Act: (1) hiring qualified personnel; (2) risks related to
security, conflicts of interest, and contactor management; (3)
managing projects to prevent cost escalations beyond approved
funding and avoiding delays; and (4) managing unbudgeted
customer needs.
Still Post-Katrina: How FEMA Decides When Housing Responsibilities End
On May 22, 2009, the Subcommittee held a hearing to receive
testimony on the status of housing assistance provided to
individuals and families in the aftermath of Hurricane Katrina.
The Subcommittee received testimony from the Acting Deputy
Administrator, FEMA; Senior Advisor to the Secretary for
Disaster and Recovery Programs, U.S. Department of Housing and
Urban Development; Executive Director, Louisiana Recovery
Authority; and Bishop, Episcopal Diocese of Louisiana.
Witnesses from FEMA and the Department of Housing and Urban
Development testified on the status of housing programs
implemented as part of the recovery from Hurricane Katrina. The
Bishop of the Episcopal Diocese of Louisiana testified on case
management programs and the difficulties faced by Gulf Coast
residents in the aftermath of Hurricane Katrina.
General Services Administration's Fiscal Year 2010 Capital Investment
and Leasing Program (CILP)
On June 8, 2009, the Subcommittee held a hearing to receive
testimony on the Fiscal Year 2010 Capital Investment and
Leasing Program (CILP). GSA is the central asset management
agency of the Federal Government. The Subcommittee received
testimony from the Acting Commissioner, PBS, GSA.
The CILP plays a key role in providing the necessary
resources to maintain current real property assets and acquire
new or replacement assets, through ownership or leasing. The
President's Fiscal Year 2010 Budget requests $610 million for
new construction and alteration. The President's Fiscal Year
2010 Budget request for PBS was augmented by the Recovery Act,
which provided $5.5 billion for repair, alteration, and
construction projects for Federal buildings. At the hearing the
Acting Commissioner testified about the Budget request,
including consolidation of the Federal Bureau of Investigation
Miami/Miramar, Florida, District Office; constructing two land
ports of entry in El Paso County, Texas and Calexico,
California; and a roof replacement at the Eisenhower Executive
Office Building.
Evaluating GSA's First Experience With National Broker Contracts
On July 15, 2009, the Subcommittee held a hearing to
receive testimony on GSA's National Broker Contract (NBC) and
whether it provides GSA with a legitimate tool to meet its
statutory obligation to procure commercial office space for
Federal agencies. The Subcommittee received testimony from the
Assistant Administrator, Office of Real Estate Acquisition,
PBS, GSA; Principal Deputy Assistant Inspector General, GSA;
Director, Physical Infrastructure, Government Accountability
Office (GAO); and several private-sector real estate managers.
On October 4, 2004, GSA awarded the NBC, which is
administered by PBS. The NBC is a competitively bid contract
that augments services provided by PBS and allows PBS to
outsource brokerage services for leases for Federal agencies.
The NBC for brokerage services was awarded to four companies:
Julien J. Studley, Inc.; the Staubach Company; Jones Lang
LaSalle Americas, Inc.; and the Trammell Crow Companies.
Because of consolidations and mergers, there are now three
companies participating in the NBC: Studley, Inc.; Jones Lang
LaSalle Americas, Inc.; and CB Richard Ellis. The contracts
were awarded as one-year base contracts, with the option of
annual renewals for up to five years. As of April 2009, the
four brokers had received $78.7 million in broker fees for
handling 942 leases representing about 15.5 million square feet
of space. The current contracts expired on March 31, 2010.
GSA testified that, under the current NBC contracts,
ordering was to be based upon an equitable distribution between
all awardees until GSA established a record of performance and
a methodology to convert to performance-based tasking. GSA did
not implement a performance based tasking methodology for the
NBC contracts. After the hearing, GSA made several changes to
the original NBC. Under the successor to the NBC (NBC2), GSA
does not intend to place orders based upon an equitable
distribution. When issuing task orders, GSA will instead
consider a set of factors including price and past performance.
Further, the brokers will be required to bid a different
percentage brokerage fee (commission) for three ranges of lease
contract values, in place of the single fee structure of the
first broker contract.
Green Buildings Offer Multiple Benefits: Cost Savings, Clean
Environment and Jobs
On July 16, 2009, the Subcommittee held a hearing to
receive testimony on the benefits of ``green'' buildings and
GSA's unique opportunity to bolster the creation of ``green''
jobs. The Subcommittee received testimony from the Acting
Director, Office of Federal High-Performance Green Buildings,
GSA; Lead Mechanical Engineer, Office of Building Technologies,
U.S. Department of Energy; Senior Advisor, U.S. Department of
Labor; and a representative of a realtor association.
Witnesses testified on the ability of their respective
agencies to meet the mandates of the Energy Independence and
Security Act of 2007 (EISA) (P.L. 110-140). The Subcommittee
examined the requirements of EISA for GSA and private-sector
facilities. EISA requires Federal agencies to reduce energy
consumption. GSA is responsible for an extensive real estate
portfolio that must meet the requirements of EISA: GSA owns
more than 1,500 Federal buildings totaling 176.5 million
rentable square feet of space; and it leases 177.5 million
rentable square feet of space in almost 7,100 leased
properties. The functional replacement value of the GSA
portfolio is about $41.7 billion. GSA's utility costs are
expected to be between $475 million and $500 million in 2009.
At the hearing, the Subcommittee also examined ``green''
job training designed to assist GSA in servicing green
buildings.
Congressional Vision for a 21st Century Union Station: New Intermodal
Uses and a New Union Station Livable Community
On July 22, 2009, the Subcommittee held a hearing to
receive testimony on current Union Station intermodal planning,
as well as future development plans for Union Station in
Washington, D.C. The Subcommittee received testimony from the
Director, Department of Transportation, Washington, D.C.; and
President, Union Station Redevelopment Corporation.
Union Station, a monumental gateway structure, was built on
its current location as a result of a recommendation from the
1901 McMillan Commission Report. It was designed by the eminent
architect Daniel H. Burnham and was completed in 1907. The
Federally-owned building includes 213,000 square feet of
commercial space. Currently, there are 130 shops in the
building and approximately 90,000 people pass through the
building on a daily basis. The Union Station metro stop is the
busiest stop in the Washington Metropolitan Area Transit
Authority (WMATA) system.
The Department of Transportation established the Union
Station Redevelopment Corporation (USRC), as a wholly-owned
government corporation, to meet the obligations of the Union
Station Redevelopment Act of 1981 (P.L. 97-125), regarding
development and the stated goal of ``commercial development of
the Union Station complex that will, to the extent possible,
financially support the continued operation and maintenance of
such complex.'' The USRC's principal office is required to be
in the District of Columbia. The USRC Board consists of the
Administrator of the Federal Railroad Administration, the
Secretary of Transportation, the Mayor of the District of
Columbia, the President of the Federal City Council, and
General Superintendent of Amtrak.
The witnesses testified on ongoing efforts to include
intercity buses in the Union Station terminal, as well as
expanding the overall capacity of Union Station. The
Subcommittee will continue to examine the efforts of Union
Station to expand its intermodal capabilities.
Post-Katrina: What It Takes To Cut the Bureaucracy
On July 27, 2009, the Subcommittee held a hearing to
receive testimony on defining a catastrophic disaster, the role
of the Federal Government after a catastrophic disaster, and
whether additional authority is needed to address the response
and recovery from a catastrophic disaster. The Subcommittee
received testimony from Representative David Loebsack;
Administrator, FEMA; former FEMA officials, and representatives
of academia, emergency management associations, the American
Red Cross, and other stakeholders.
At the hearing academic and government witnesses testified
on the difficulties in defining catastrophic disasters.
Witnesses also testified on how the Stafford Act could be used
in a catastrophic disaster and what new authorities might be
needed.
Doing Business With the Government: The Record and Goals for Small,
Minority and Disadvantaged Businesses
On September 17, 2009, the Subcommittee held a hearing to
receive testimony on the small business plans for the agencies
under the Subcommittee's jurisdiction. The Subcommittee
received testimony from the Assistant Secretary of Commerce for
Economic Development, U.S. Department of Commerce;
Commissioner, PBS, GSA; and Director, Office of Facilities
Engineering and Operations, Smithsonian Institution.
The Federal Acquisition Regulation (FAR) governs the
process by which the Federal Government procures goods and
services. With respect to small business concerns, the FAR,
under Part 52.219.8, states that: ``It is the policy of the
United States that small business concerns, veteran-owned small
business concerns, service-disabled veteran-owned small
business concerns, HUB Zone small business concerns, small
disadvantaged business concerns, and women-owned small business
concerns shall have the maximum practicable opportunity to
participate in performing contracts let by any Federal agency,
including contracts and subcontracts for subsystems,
assemblies, components, and related services for major
systems.'' To implement this policy, each Federal agency
establishes as annual goal that represents, for that agency,
the maximum practicable opportunity for small business
concerns.
Agency witnesses testified about their efforts to meet
their internal small business goals in the previous fiscal
year.
Risk-Based Security in Federal Buildings Targeting Funds to Real Risks
and Eliminating Unnecessary Security Obstacles
On September 23, 2009, the Subcommittee held a hearing to
receive testimony on the Federal Protective Service (FPS). The
Subcommittee received testimony from the Deputy Secretary, U.S.
Department of Transportation; Director, Physical
Infrastructure, GAO; Commissioner, PBS, GSA; Director, Physical
Planning Division, National Capital Planning Commission;
Director, FPS, U.S. Immigration and Customs Enforcement;
Regional Director, National Capital Region FPS; and other
interested parties.
FPS is a part of the frontline defense for thousands of
Federal buildings, which include agency headquarters, Federal
office buildings, U.S. courthouses, SSA buildings, and other
buildings. FPS delivers integrated security and law enforcement
services to all Federal buildings that GSA owns, controls, or
leases. FPS is a ``fee-for-service'' organization, and FPS
customers reimburse FPS for these services through direct
billing. FPS services include providing a visible uniformed
presence in major Federal buildings; responding to criminal
incidents and other emergencies; installing and monitoring
security devices and systems; investigating criminal incidents;
conducting physical security surveys; coordinating a
comprehensive program for occupants' emergency plans;
presenting formal crime prevention and security awareness
programs; and providing police emergency and special security
services during natural disasters, such as earthquakes,
hurricanes, and major civil disturbances, as well as during
man-made disasters, such as bomb explosions and riots.
On February 13, 2007, Chairman James L. Oberstar and
Subcommittee Chair Eleanor Holmes Norton wrote to GAO to
express concern about the Bush administration's proposal to
reduce the number of FPS officers and their presence nationally
in Federal buildings. GAO was asked to examine whether these
proposals would adversely affect the Federal Government's
efforts to protect the thousands of Federal workers in Federal
buildings and the public who use Federal public buildings on a
daily basis. The Committee also asked GAO to examine the
placement of the FPS within DHS and how that placement is
affecting the agency's funding, whether diminished funding has
played a role in the reduction in force, and whether a
reduction in force poses a significant risk to the Federal
workforce and Federal assets.
On November 2, 2007, the Chairman and Subcommittee Chair
wrote to the Chairmen and Ranking Members of the Committees on
Appropriations of the House and Senate expressing their support
for an amendment to the Homeland Security appropriations bill,
which would require that FPS have no less than 1,200
Commanders, Police Officers, Inspectors, and Special Agents
available to protect Federal buildings. The Homeland Security
Appropriations Act subsequently included this specific
provision.
On July 8, 2009, GAO released its preliminary report that
highlighted some of the ongoing security vulnerabilities in
Federal buildings. The report cited efforts by GAO
investigators to penetrate 10 high security buildings with
liquid bomb making equipment and to build actual bombs (with
inert ingredients) inside the facilities. In each instance, GAO
investigators used entrances manned by security guards using x-
ray machines and magnetometers. GAO investigators then entered
bathrooms and other areas where they were all able to assemble
explosive devices. The Committee staff has received several
briefings from GAO as a result of a multi-city investigation on
the efficacy of FPS.
The Committee has long been concerned with the funding
mechanism for FPS and the lack of a risk-based approach to
providing security to Federal facilities. Although FPS spends
approximately $1 billion to secure Federal facilities, the
Committee remains alarmed that the Federal Government may not
be getting significant value for its investment, given the
recent GAO report. The testimony from FPS reinforced the
concern that FPS would be better able to meet its mission of
protecting Federal buildings if it were not housed in the
United States Immigration and Customs Enforcement agency.
Several witnesses at the hearing testified that a risk
management framework will be necessary to address rising
security costs to protect Federal assets and that GSA will need
to examine the current role of Building Security Committees
making security decisions for buildings occupied by Federal
entities. FPS's oversight of contract guards was also
identified as critical issue when addressing security in
Federal buildings. Both GSA and FPS committed to working
collaboratively together to address security in Federal
buildings.
Final Breakthrough on the Billion Dollar Katrina Infrastructure Logjam:
How Is It Working?
On September 29, 2009, the Subcommittee held a hearing to
receive testimony on the status of the recovery from Hurricanes
Katrina and Rita on the Gulf Coast. The Subcommittee received
testimony from the Chairman, Civilian Board of Contract
Appeals, GSA; Acting Deputy Administrator, FEMA; FEMA Lead,
Unified Public Assistance Project Decision Team, Gulf Coast
Recovery Office, FEMA; Executive Director, Louisiana Recovery
Authority; and President, St. Bernard Parish, Louisiana.
The Civilian Board of Contract Appeals testified on the
steps that were being taken to implement the binding
arbitration program for appeals of Public Assistance recovery
projects that was authorized in section 601 of the Recovery
Act. FEMA witnesses also testified on other steps that were
being implemented to improve the Public Assistance program for
the recovery from Hurricanes Katrina and Rita in the Gulf
Coast. Witnesses from the State of Louisiana and St. Bernard's
Parish, Louisiana, testified on how they planned to participate
in the arbitration program authorized by the Recovery Act and
on the results of other steps that FEMA had taken to improve
the pace of recovery.
This Is Not a Test: Will the Nation's Emergency Alert System Deliver
the President's Message to the Public?
On September 30, 2009, the Subcommittee held a hearing to
receive testimony on the status of efforts within the Federal
Government, and specifically FEMA, to modernize, expand, and
integrate existing emergency alert warning systems through
IPAWS. The Subcommittee received testimony from the Assistant
Administrator, National Continuity Programs, FEMA; Executive
Director, Maryland Emergency Management Agency, State Emergency
Operations Center; Director, Physical Infrastructure Issues,
GAO; and other stakeholders.
Looking Out for the Very Young, Elderly and Others With Special Needs:
Lessons From Katrina and Other Major Disasters
On October 20, 2009, the Subcommittee held a hearing to
receive testimony on plans and procedures to provide aid to
children, the disabled, and others with special needs in the
event of a disaster. The Subcommittee received testimony from
the Deputy Administrator, National Preparedness, FEMA;
Chairman, National Commission on Children and Disasters; Chair,
National Council on Disability; and, Senior Director, Direct
Services, American Red Cross.
At the hearing, the Chairman of the National Commission on
Children and Disasters testified on its October 14, 2009
interim report and the Chair of the National Council on
Disabilities testified on its August 12, 2009 report, entitled
``Effective Emergency Management: Making Improvements for
Communities and People with Disabilities''. The witnesses
testified on steps that could be taken, including legislation,
to implement key recommendations of both reports.
Recovery Tracking Hearing #3: Following the Dollars to the Jobs
On October 27, 2009, the Subcommittee held a hearing to
receive testimony on Recovery Act implementation efforts in
programs administered by GSA, EDA, and the Smithsonian
Institution. The hearing also focused on small and minority
business participation in Recovery Act projects. The
Subcommittee received testimony from the Commissioner, PBS,
GSA; Assistant Secretary of Commerce for Economic Development,
U.S. Department of Commerce; Director, Office of Facilities
Engineering and Operations, Smithsonian Institution; and
representatives of labor organizations, construction companies,
and other interested parties.
The Subcommittee examined the specific steps that GSA had
taken to ensure that $5 billion of the $5.5 billion of Recovery
Act funds would be obligated by the statutory deadline
(September 30, 2010), and the remainder would be obligated by
September 30, 2011. GSA established a Project Management Office
(PMO) to administer Recovery Act funds. GSA testified about how
the PMO works in concert with PBS to quickly obligate the
funds, as well as how the funds had the dual purpose of
addressing GSA's backlog of capital and maintenance needs and
meeting the energy efficiency and conservation goals of EISA
for public buildings. GSA testified that the agency was on
target to obligate $5 billion of Recovery Act funds by
September 30, 2010.
EDA testified that, although the legislation allowed for
obligation of funds through September 30, 2010, EDA obligated
the entire $147 million program allocation as of September 25,
2009. In addition, the Smithsonian Institution testified that,
as of September 2009, it had awarded 15 of 16 facilities
improvement projects, totaling $20.7 million, 83 percent of the
funds appropriated to the Smithsonian Institution.
Witnesses also testified about how the Recovery Act funds
had affected their businesses and one witness testified about
the success of its organization's pre-apprenticeship program.
Stimulus Tracking Hearing #4: Ensuring Money Means Security When
Building GSA Border Stations To Protect the U.S.A.
On December 2, 2009, the Subcommittee held a hearing to
receive testimony on implementation of the Land Port of Entry/
Border Stations construction program and provide suggestions
for the future of the program. The Subcommittee received
testimony from the Deputy Assistant Commissioner, Recovery
Program Management Office, PBS, GSA; and Director, Land Port of
Entry Modernization Program Management Office, Customs and
Border Protection (CBP), DHS.
This hearing explored Recovery Act implementation efforts
of GSA to construct land ports of entry and border stations.
Under the program, CBP determines the location of border
stations on the northern and southern borders. GSA develops
cost estimates, facility design, construction schedules, and,
in partnership with CBP, site selection criteria.
The Subcommittee reviewed plans to build seven land ports
of entry and border stations with Recovery Act funds. On an
average day, GSA reports that $2 billion in trade takes place
involving the 163 border stations across the southern and
northern borders of United States. There are currently 120
border stations under the jurisdiction and control of GSA. The
remaining 43 stations are under the control and jurisdiction of
DHS, with 39 of these border stations on the northern U.S.
border. Roughly 23 million Americans cross the U.S. border to
Mexico and Canada annually.
The Recovery Act provides $300 million for GSA to construct
land ports of entry. The purpose of the hearing was to examine
the process of how GSA selects locations for border stations
and land ports of entry and how GSA can make cost-effective
decisions in constructing border stations and land ports of
entry.
Recovery Act Project To Replace the Social Security Administration's
National Computer Center
On December 15, 2009, the Subcommittee held a joint hearing
with the Subcommittee on Social Security, Committee on Ways and
Means, to receive testimony on the plans of GSA and SSA to
begin the process of replacing SSA's national computer
processing and data storage facility, the NCC, currently
located in Woodlawn, Maryland. The Subcommittees received
testimony from the Inspector General, SSA; Deputy Commissioner,
Office of Budget, Finance and Management, SSA; and Regional
Commissioner, Mid-Atlantic Region, PBS, GSA.
The Recovery Act provides $500 million for replacement of
SSA's NCC and it is the single largest Federal building project
funded under the Act. This funding includes the cost of
purchasing a site (if necessary), building a new facility, and
part of the cost of equipping the building. SSA has entered
into an agreement with GSA to plan, design, and construct the
new facility.
At the hearing, the GSA witness testified regarding the
construction process, and the analysis, prepared jointly with
the SSA, regarding costs associated with using the existing
government-owned site compared to buying a new site for the
construction of the computer center. The SSA presented
testimony regarding the necessity of systems redundancy,
information accuracy, and data security.
FEMA's Urban Search and Rescue Program in Haiti: How To Apply Lessons
Learned at Home
On February 3, 2010, the Subcommittee held a hearing to
receive testimony on the National Urban Search and Rescue
System of FEMA, the lessons learned from recent deployments to
Haiti, and pending legislation to reauthorize the US`R. The
Subcommittee received testimony from the Assistant
Administrator for Response and Recovery, FEMA; Secretary of the
California Emergency Management Agency; Special Operations
Chief, City of Philadelphia Fire Department, Task Force Leader,
Pennsylvania Task Force--1; Division Chief, Training and Safety
Division, Miami-Dade Fire Rescue Department, and Task Force
Leader, Florida Task Force--1; Fire Chief, Virginia Beach Fire
Department, Sponsoring Agency Chief, Virginia Task Force--2;
and Assistant Chief/Operations, Orange County Fire Authority,
and Sponsoring Agency Chief, California Task Force--5.
US`R Task Forces that deployed to Haiti and FEMA provided
testimony on their efforts in response to the Haitian
Earthquake of January 2010.
EDA: Lessons Learned From the Recovery Act and New Plans To Strengthen
Economic Development
On February 25, 2010, the Subcommittee held a hearing to
receive testimony on EDA implementation of the Recovery Act,
EDA reauthorization, the Delta Regional Authority (DRA), and
economic development generally. The Subcommittee received
testimony from the Assistant Secretary of Commerce for Economic
Development, U.S. Department of Commerce; County Executive, St.
Louis County, International Economic Development Council;
President, Educational Association of University Centers; and
other stakeholders.
The Assistant Secretary for Economic Development testified
on the Obama administration's development of an EDA
reauthorization proposal. All of the witnesses testified in
support of EDA and its reauthorization for five years.
U.S. Mayors Speak Out: Addressing Disasters in Cities
On March 4, 2010, the Subcommittee held a hearing to
receive testimony on a report released by the United States
Conference of Mayors regarding their proposed changes to the
Stafford Act as well as related programs, policies, and
regulations. The hearing also focused on issues related to
disasters in cities.
The Subcommittee received testimony from the Mayor,
Rochester, New York; Mayor, New Orleans, Louisiana; Mayor, Des
Moines, Iowa; representatives of emergency management
associations, and other stakeholders.
Snow Disasters for Local, State, and Federal Governments in the
National Capital Region: Response and Recovery Partnerships With FEMA
On March 23, 2010, the Subcommittee held a hearing to
receive testimony on the status of recovery efforts from the
winter's storms in the National Capital Region and the lessons
to be learned from those storms that would apply to future
disasters regardless of cause. The Subcommittee received
testimony from the Acting Regional Administrator, Region III,
FEMA; Director, Office of National Capital Region Coordination;
Director, U.S. Office of Personnel Management; Commanding
General, District of Columbia Army National Guard; Director,
Homeland Security and Emergency Management Agency, Washington,
D.C.; Administrator, City of Alexandria, Virginia; Director,
Maryland Emergency Management Agency; Acting Deputy General
Manager, WMATA; and other stakeholders.
The hearing focused on how the Federal Government, the
District of Columbia, Maryland, Virginia, local governments in
the region, and WMATA responded to these storms and how they
are working to prepare for the next disaster in the region.
Testimony was also provided on the unique jurisdictional issues
that arise when disasters strike in the National Capital
Region.
Capital Assets Crisis: Maintaining Federal Real Estate With the
Dwindling Federal Building Fund
On March 24, 2010, the Subcommittee held a hearing to
receive testimony on the financial viability of the Federal
Building Fund (FBF) and whether GSA has been using its existing
authorities to maintain its capital assets. The Subcommittee
received testimony from the Commissioner, PBS, GSA; a
representative of the Financial Accounting Standards Board
(FASB); the lead member of the Counselors of Real Estate
engagement group that studied PBS by invitation of GSA; a
private sector real estate corporate officer, and a
representative of the National Academy of Sciences.
PBS activities are funded primarily through the FBF, an
intra-governmental revolving fund into which agencies pay rent
to GSA for the space that they occupy. Expenditures from the
Federal Building Fund are used to finance the operation and
maintenance of existing federally-owned property, to acquire
and pay for leased space, and construct and purchase buildings.
In January 2003, GAO designated Federal real property an area
of high risk, in part, because of deteriorating facilities and
an overreliance on costly leasing. According to GAO, the
current practice of relying on leasing to meet long-term space
needs results in excessive costs to taxpayers and does not
reflect a sensible or economically rational approach to capital
asset management. In fiscal year 2008, GSA reported for the
first time ever that it was leasing more space than it owned.
The witnesses testified regarding the Office of Management
and Budget (OMB) scoring rules and the ways in which
considerations of accounting treatment have proven to be the
key drivers in asset decision-making on questions as to whether
to lease, construct, or purchase space. Current budget scoring
rules essentially leave GSA with only two options for meeting
the Federal Government's general purpose space needs: either
direct appropriations for new construction or long-term leases.
Testimony revealed that FASB plans to issue a significant
change to its standard on the accounting of leases that will
eliminate the current distinction--also observed by OMB--
between operating leases and capital leases. Under the new FASB
standard, all leases will be capital.
The implications of this accounting change for the Federal
Government are substantial. If this accounting change is
adopted by OMB, it will mean that leases will no longer ``look
cheaper'' than ownership alternatives (e.g., Federal
construction or purchase) because the full cost of the lease
must be scored up front rather than merely the first year's
cost to lease, as at present. The change potentially signals a
watershed event for Federal real property asset management.
After the new rules become effective in 2013 (and if adopted by
OMB), GSA will be able to enter into lease-purchase agreements
whereby ownership of the asset will transfer to the Federal
Government at the conclusion of the lease term, replacing the
current practice whereby GSA is obliged to lease the same space
over and over again, without ever achieving ownership. This
change would also have a positive effect on the balance of the
Federal Buildings Fund because all the rents that GSA receives
for Federally-owned space are retained within the Fund for
reinvestment in existing owned properties or for construction
of new buildings.
Proposed Fiscal Year 2011 Budgets for Regional Economic Development
Commissions, Priorities and Impacts on Regional Economics and
Employment
On April 29, 2010, the Subcommittee held a hearing to
receive testimony on the President's Fiscal Year 2011 Budget
request for regional economic development commissions. The
Subcommittee received testimony from the Federal Co-Chair,
Appalachian Regional Commission; Federal Co-Chair, DRA; Federal
Co-Chair, Denali Commission; Executive Director, Northwest
Arkansas Economic Development District; and other stakeholders.
Given that the regional commissions and the communities
that they serve have had extensive experience and success in
mitigating the effects of plant closings and other economic
dislocations, lessons applicable to the nation as a whole can
be garnered. The DRA testified regarding its 2008 study,
entitled ``Rethinking the Delta'', that found that for every
one percent improvement in life expectancy, employment
increases 4.6 percent. To improve the health of DRA residents
and improve their productivity, the DRA has developed a program
to bring doctors to underserved communities within the region.
Improved access to health care would help alleviate some of the
deterrents to companies' willingness to locate in regions
experiencing below-average health outcomes and, therefore, lead
to improved long-term economic opportunities for residents.
In the Appalachian region, which has the challenge of
economic diversification, private investment plays a critical
role. In 2009, ARC projects resulted in private investment at a
rate of nearly nine times the ARC investment of Federal funds.
Furthermore, the ARC Federal Co-Chair testified that the ARC
believes that a regional, place-based approach to development
results in the most sustainable form of economic growth.
Priorities for Disasters and Economic Disruption: The Proposed FY 2011
Budgets for FEMA and EDA
On May 6, 2010, the Subcommittee held a hearing to receive
testimony on the President's Fiscal Year 2011 Budget request
for FEMA and EDA. The Subcommittee received testimony from the
Administrator, FEMA; and Assistant Secretary of Commerce for
Economic Development, U.S. Department of Commerce. Witnesses
testified with respect to their budgetary priorities in dealing
with natural disasters, man-made disasters, and economic
disruption.
Too Much for Too Little: Finding the Cost-Risk Balance for Protecting
Federal Employees in Leased Facilities
On May 20, 2010, the Subcommittee held a hearing to receive
testimony regarding the public policy and financial
implications of having two sets of security standards for
leasehold acquisitions undertaken by GSA in urban- and
suburban-based space procurements. The Subcommittee received
testimony from Representative James Moran; Deputy Assistant
Secretary for Infrastructure Protection, DHS; Director Facility
Investment ` Management, Office of the Deputy Under Secretary
of Defense, Installations, and Environment, Department of
Defense (DOD); Assistant Commissioner, PBS, GSA; and industry
experts in the planning, design, and construction of facility
security countermeasures, particularly with regard to Federal
facilities.
To determine the appropriate security countermeasures to
employ in a given space lease procurement, GSA and its civilian
client agencies follow a standard promulgated by the
Interagency Security Committee (ISC). However, to determine the
appropriate security countermeasures to employ in a given space
lease procurement for any DOD space requirement, GSA adheres to
a standard promulgated by DOD, known as the ``Unified
Facilities Criteria (UFC) DOD Minimum Antiterrorism Standards
for Buildings''.
Witnesses testified that the Uniform Facilities Criteria
(UFC) standard is more stringent and more costly than the ISC
standard. Further, while no one questioned the appropriateness
of applying the UFC standard to DOD facilities housing combat
and Special Forces operations both domestically and abroad,
testimony revealed that the categorical application of the UFC
standard to all facilities housing DOD personnel, including
purely administrative, support-type DOD agencies and functions,
is not based upon any specific risk analysis. Moreover, blanket
application of the UFC standard to all DOD civilian/
administrative agencies and functions creates incongruities in
terms of security with other Federal personnel in similar
occupations and with similar missions. No witness provided any
reason why DOD civilian personnel should be protected in
accordance with security standards that are significantly more
stringent than those used to protect other Federal workers in
identical or analogous job categories. The three private sector
security experts testified in strong support of the context-
driven, risk-based, flexible security standard promulgated by
the ISC. In championing good risk management, they eschewed, in
the words of one expert, a ``one-size-fits-all'' approach to
security, such as applied by DOD.
Eliminating Waste and Managing Space in Federal Courthouses: GAO
Recommendations on Courthouse Construction, Courtroom Sharing and
Enforcing Congressionally Authorized Limits on Size and Cost
On May 25, 2010, the Subcommittee held a hearing to receive
testimony on courthouse construction. The Subcommittee received
testimony from the Commissioner, PBS, GSA; Chairman, Committee
on Space and Facilities, Judicial Conference of the United
States; Chair, Committee on Court Administration and Case
Management, Judicial Conference of the United States; and
Director, Physical Infrastructure, GAO.
The hearing focused on GAO's draft report on courthouse
construction. GAO determined that the 33 courthouses completed
by GSA since 2000 include 3.56 million square feet of extra
space, attributable to: space that was constructed above the
congressionally approved size; space built due to significant
overestimation by the Judiciary of the number of senior judges
and new judgeships that would need to be accommodated; and the
Judiciary's failure to implement courtroom sharing to the
degree supported by the courtroom utilization study conducted
by the Federal Judicial Center (FJC), the Judiciary's
educational and research arm. The total value of the unneeded
or extra space was estimated by GAO to be $835 million in
construction costs, and $11 million in recurring annual
operating and maintenance expenses.
The GAO estimate for initial construction costs
attributable to building beyond congressionally-authorized size
limitations, which at 1.7 million square feet is approximately
one-half of the total overbuilding, was contested by the PBS
Commissioner. The Commissioner argued that much of the extra
space consists of void or ``phantom'' space in multi-story
atria, which is not as expensive to build as tenant space. The
Judiciary witnesses objected to the other one-half of the
amount of overbuilding estimated by GAO because it unfairly
applied courtroom sharing retrospectively, based upon the FJC
study that was not completed until 2006.
The GAO witness testified that its calculation of the
savings potential through courtroom sharing on all 33
courthouses was at the direction of the Committee, since the
Judiciary had been asked by Congress as early as 1996 to study
the matter and adopt appropriate courtroom-sharing policies,
but had failed to do so. The GAO witness asserted that had the
study been completed and the policies adopted in a timely
fashion, the savings outlined in the GAO report could have been
achieved. Furthermore, at the hearing, the Subcommittee learned
that the Judiciary has not done any computer modeling of the
FJC empirical data to determine the feasibility of courtroom
sharing. Although the Judiciary witnesses asserted that it is
not possible to model the data to arrive at a courtroom-sharing
formula, the GAO witness strongly disagreed and pointed out
that much more complex phenomenon (e.g., climate change) is
successfully modeled today with modern computer technology.
Progress on Jobs and Small Business Opportunities as the Department of
Homeland Security Construction Begins in Ward 8
On June 15, 2010, the Subcommittee held a field hearing in
Washington, D.C., to receive testimony on progress with
contracting and job opportunities associated with construction
of the DHS headquarters at St. Elizabeths, Washington, D.C. The
Subcommittee received testimony from the Project Executive, St.
Elizabeths, GSA; Executive Director, Ward 8 Business Council;
and other stakeholders.
GSA is responsible for redevelopment of the St. Elizabeths
West Campus to provide a consolidated headquarters for DHS. The
Subcommittee examined GSA's practices and policies regarding
jobs and contracting opportunities at St. Elizabeths Campus and
assessed GSA's plan to incorporate DHS into the southeast
Washington, D.C. neighborhoods of Congress Heights, Barry
Farms, and Anacostia.
The GSA St. Elizabeths Project Executive testified about
the project schedule and the expectations for hiring for the
entirety of the project. The general contractor constructing
the U.S. Coast Guard building testified about the small
business goals for the project, as well its expectations in
being a partner with GSA and the community in the success of
the project. Other witnesses testified about business
opportunities associated with the consolidation of DHS and the
typical workday of a construction worker on the St. Elizabeths
West Campus.
Building Our Way Out of the Recession: GSA's 2011 Construction,
Modernization and Leasing Program
On June 17, 2010, the Subcommittee held a hearing to
receive testimony on GSA's Fiscal Year 2011 Construction,
Modernization, and Leasing Program. The Subcommittee received
testimony from Deputy Commissioner, PBS, GSA.
The President's Fiscal Year 2011 Budget request for PBS is
divided into four categories: (1) repair and alteration; (2)
design and site acquisition; (3) construction and building
acquisition; and (4) leases. The repair and alteration request
includes three general authorization requests for special
program funding: Fire and Life Safety projects in various
buildings ($20 million); Energy and Water Retrofit and
Conservation measures in various buildings ($20 million); and
Wellness and Fitness program in various buildings ($7 million).
The President's Budget requests four Federal building
modernization projects: Corman Federal Building in Van Nuys,
California ($11 million); Frank Hagel Federal Building in
Richmond, California ($114 million); Emmet Bean Federal Center
in Indianapolis, Indiana ($66 million); and Daniel Patrick
Moynihan Courthouse, New York, New York ($28 million).
The President's Budget requests five design projects
(including alterations of existing Federal buildings): Federal
Building complex at 11000 Wilshire Boulevard in Los Angeles,
California ($51 million); Edward Schwartz Federal Building and
Courthouse in San Diego, California ($22 million); Prettyman
Courthouse in Washington, D.C. ($23 million); Patrick McNamara
Federal Building parking garage annex in Detroit, Michigan ($4
million); and site acquisition and design for a Land Port of
Entry in Calais, Maine ($2 million).
The President's Budget requests three construction or
acquisition projects: Land Port of Entry in Calexico,
California ($274.4 million); St. Elizabeths West Campus,
Washington, D.C. ($1,149.4 million); and the purchase of an
IRS-occupied building in Martinsburg, West Virginia ($24.8
million). GSA also submitted five leases for committee
authorization.
The PBS Deputy Commissioner testified about the need to
renovate the Prettyman Courthouse in Washington, D.C., and the
Edward Schwartz Federal Building and Courthouse in San Diego,
California. The witness also addressed the price disparity
between neighboring jurisdictions in the National Capital
Region and the application of Anti-Terrorism Force Protection
Standards.
Five Years After Katrina: Where We Are and What We Have Learned for
Future Disasters
On September 22, 2010, the Subcommittee held a hearing to
receive testimony on the status of recovery efforts from
Hurricanes Katrina and Rita. The Subcommittee received
testimony from the Inspector General for Emergency Management
Oversight, DHS; Chairman, Civilian Board of Appeals; Region VI
Administrator, FEMA; Executive Director, Mississippi Emergency
Management Agency, State of Mississippi; and Chief of Staff,
Governor's Office of Homeland Security and Emergency
Preparedness, State of Louisiana.
The hearing focused on the status of an arbitration program
created for Public Assistance projects for Hurricanes Katrina
and Rita, as well as other programs created by legislation and
administratively to facilitate the Public Assistance Program
for Hurricanes Katrina and Rita. The Civilian Board of Contract
Appeals and FEMA provided testimony on how they were
implementing the arbitration program authorized by section 601
of the Recovery Act. The DHS IG testified on his analysis of
the arbitration program as well as the Public Assistance
Program in general. The States of Louisiana and Mississippi
provided testimony on how they were implementing the
arbitration program authorized by the Recovery Act and the
status of the recovery from Hurricanes Katrina and Rita.
The Congressional Workplace: Safety Concerns and Future Plans
On September 30, 2010, the Subcommittee held a hearing to
receive testimony on the Architect of the Capitol's (AOC)
Capitol Complex Master Plan and the role of the Office of
Compliance (OOC) in maintaining a safe and accessible
workplace. The Subcommittee received testimony from the
Architect of the Capitol; Executive Director, Office of
Compliance; and other stakeholders.
The U.S. Capitol Complex consists of the U.S. Capitol, the
Cannon, Longworth, Rayburn, and Ford House Buildings, the Hart,
Dirksen, and Russell Senate Office Buildings, the U.S. Botanic
Garden, the Capitol Grounds, the Library of Congress buildings,
the U.S. Supreme Court Building, and the Capitol Power Plant.
The Capitol Complex contains approximately 16.5 million square
feet of building space including surface and below grade
parking structures, and special purpose space such as the power
plant, storage, and childcare centers, housed in historic as
well as modern buildings over approximately 450 acres. The
replacement value for these facilities is approximately $9
billion.
The AOC is responsible for maintaining the Capitol Complex
and providing a safe and healthy workplace. The OOC was created
in the Congressional Accountability Act of 1995 (P.L. 104-1).
The Congressional Accountability Act (CAA) was passed to ensure
that Congress and its auxiliary agencies generally follow the
same employment, labor, accessibility, and safety laws that
applied to both the private and public sectors. The
Congressional Accountability Act covers an estimated 30,000
employees, including employees of the House of Representatives,
the Senate, the Congressional Budget Office, the Office of the
Architect of the Capitol, the Office of the Attending
Physician, the Office of Congressional Accessibility Services,
the United States Capitol Police, the Government Accountability
Office, and the Library of Congress.
Section 215(e) of the CAA requires the OOC to inspect the
facilities of the agencies under its jurisdiction for
compliance with occupational safety and health standards under
the Occupational Safety and Health Act, at least once each
Congress. On July 13, 2010, the Office of Compliance released
its Fiscal Year 2009 Annual Report, ``State of the
Congressional Workplace''. The annual report documents
compliance with occupational safety and health standards for
the 110th Congress (2007-08) and provides projections for the
number of hazards in the 111th Congress. The report, which
covers 96 percent of the 17 million square feet of space
occupied by Congress and other legislative branch facilities in
the metropolitan Washington, D.C. area, found that there were
9,200 hazards in the Congressional workplace during the 110th
Congress, which represented a 30 percent reduction from the
109th Congress, during which 13,140 hazards were identified.
The hearing examined the AOC's efforts to address workplace
hazards in the Capitol Complex, as well as their collaborative
effort to make appropriate changes to some of the historic
structures to reduce the number of hazards. Witnesses also
testified regarding specific grievances with the AOC's office.
The Architect of the Capitol committed to working with the
union to address these grievances.
PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED
----------------------------------------------------------------------------------------------------------------
Date Approved Location Project
----------------------------------------------------------------------------------------------------------------
September 24, 2009.................... Various............................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized to implement energy
and water retrofit and
conservation measures in
Government-owned buildings
during fiscal year 2010, at a
proposed cost of $20,000,000, a
prospectus for which is
attached to and included in
this resolution.
Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy.
Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.
September 24, 2009.................... Various............................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for implementation
of high performance energy
projects and conservation
measures in Government-owned
buildings during fiscal year
2010, at a proposed cost of
$20,000,000, a prospectus for
which is attached to and
included in this resolution.
Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy.
Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.
September 24, 2009.................... Various............................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for alterations to
upgrade, replace, and improve
life safety features and fire
protection systems in
Government-owned buildings
during fiscal year 2010, at a
proposed cost of $20,000,000, a
prospectus for which is
attached to and included in
this resolution.
Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy.
Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.
September 24, 2009.................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for repairs and
alterations to the New
Executive Office Building,
located at 725 17th Street, NW,
in Washington, D.C., at design
and review costs of $394,000
(design costs of $451,000 were
previously authorized),
management and inspections
costs of $6,257,000 (management
and inspection costs of
$423,000 were previously
authorized), and estimated
construction costs of
$23,625,000 (estimated
construction costs of
$5,388,000 were previously
authorized), at a proposed
total cost of $30,276,000, a
prospectus for which is
attached to and included in
this resolution. This
resolution amends the Committee
resolution of July 21, 2004.
Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the U.S.
House of Representatives and
the Committee on Environment
and Public Works of the U.S.
Senate a report on the planned
use of energy efficient and
renewable energy systems,
including photovoltaic systems,
for such project and if such
systems are not used for the
project, the specific rational
for GSA's decision. Provided further, that beginning
on the date of approval of this
resolution, GSA shall, to the
maximum extent practicable and
considering life-cycle costs
appropriate for the geographic
area, use energy efficient and
renewable energy systems,
including photovoltaic systems,
in carrying out alteration,
design, or construction
projects. Provided further, that beginning
on the date of approval of this
resolution, each alteration,
design, or construction
prospectus submitted by GSA
shall include an estimate of
the future energy performance
of the building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project.September 24, 2009.................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for repairs and
alterations to the Dwight D.
Eisenhower Office Building
located at Pennsylvania Avenue
and 17th Street, NW, in
Washington, D.C., at design and
review costs of $1,050,000, at
management and inspections
costs of $1,800,000, and
estimated construction costs of
$12,150,000, at a proposed
total cost of $15,000,000, a
prospectus for which is
attached to and included in
this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the U.S.
House of Representatives and
the Committee on Environment
and Public Works of the U.S.
Senate a report on the planned
use of energy efficient and
renewable energy systems,
including photovoltaic systems,
for such project and if such
systems are not used for the
project, the specific rational
for GSA's decision. Provided further, that beginning
on the date of approval of this
resolution, GSA shall, to the
maximum extent practicable and
considering life-cycle costs
appropriate for the geographic
area, use energy efficient and
renewable energy systems,
including photovoltaic systems,
in carrying out alteration,
design, or construction
projects. Provided further, that beginning
on the date of approval of this
resolution, each alteration,
design, or construction
prospectus submitted by GSA
shall include an estimate of
the future energy performance
of the building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project.September 24, 2009.................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for repairs and
alterations to the New
Executive Office Building,
located at 725 17th Street, NW,
in Washington, D.C., at design
costs of $18,687,000 (design
costs of $22,179,000 were
previously authorized), at
management and inspections
costs of $14,504,000
(management and inspection
costs of $12,416,000 were
previously authorized), and
estimated construction costs of
$164,159,000 (estimated
construction costs of
$144,271,000 were previously
authorized), at a proposed
total cost of $197,350,000, a
prospectus for which is
attached to and included in
this resolution. This
resolution amends the Committee
resolution of September 24,
2008. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the U.S.
House of Representatives and
the Committee on Environment
and Public Works of the U.S.
Senate a report on the planned
use of energy efficient and
renewable energy systems,
including photovoltaic systems,
for such project and if such
systems are not used for the
project, the specific rational
for GSA's decision. Provided further, that beginning
on the date of approval of this
resolution, GSA shall, to the
maximum extent practicable and
considering life-cycle costs
appropriate for the geographic
area, use energy efficient and
renewable energy systems,
including photovoltaic systems,
in carrying out alteration,
design, or construction
projects. Provided further, that beginning
on the date of approval of this
resolution, each alteration,
design, or construction
prospectus submitted by GSA
shall include an estimate of
the future energy performance
of the building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project.September 24, 2009.................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for acquisition,
through a purchase option, of
the Columbia Plaza Building
located at 2401 E Street, NW,
Washington, D.C., at a proposed
cost of $100,000,000, a
prospectus for which is
attached to and included in
this resolution.September 24, 2009.................... Miami/Miramar, FL..................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a new Federal
Building in the Miami/Miramar,
Florida area for the Federal
Bureau of Investigation,
currently located in twelve
separate locations spread
across the Miami, Miramar, and
Dade County, Florida area, at
site costs of $9,000,000,
design and review costs of
$11,924,000, management and
inspection costs of $8,401,000
and estimated construction
costs of $161,350,000, for a
combined cost of $190,675,000,
a prospectus for which is
attached to and included in
this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the U.S.
House of Representatives and
the Committee on Environment
and Public Works of the U.S.
Senate a report on the planned
use of energy efficient and
renewable energy systems,
including photovoltaic systems,
for such project and if such
systems are not used for the
project, the specific rationale
for GSA's decision. Provided further, that beginning
on the date of approval of this
resolution, GSA shall, to the
maximum extent practicable and
considering life-cycle costs
appropriate for the geographic
area, use energy efficient and
renewable energy systems,
including photovoltaic systems,
in carrying out alteration,
design, or construction
projects. Provided further, that beginning
on the date of approval of this
resolution, each alteration,
design, or construction
prospectus submitted by GSA
shall include an estimate of
the future energy performance
of the building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project.September 24, 2009.................... Madawaska, ME......................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for the construction
of a new land port of entry at
Madawaska, ME to replace the
existing Port of Entry, at
management and inspection costs
of $3,827,000 and estimated
construction costs of
$46,300,000, for a combined
cost of $50,127,000, a
prospectus for which is
attached to and included in
this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the U.S.
House of Representatives and
the Committee on Environment
and Public Works of the U.S.
Senate a report on the planned
use of energy efficient and
renewable energy systems,
including photovoltaic systems,
for such project and if such
systems are not used for the
project, the specific rationale
for GSA's decision. Provided further, that beginning
on the date of approval of this
resolution, GSA shall, to the
maximum extent practicable and
considering life-cycle costs
appropriate for the geographic
area, use energy efficient and
renewable energy systems,
including photovoltaic systems,
in carrying out alteration,
design, or construction
projects. Provided further, that beginning
on the date of approval of this
resolution, each alteration,
design, or construction
prospectus submitted by GSA
shall include an estimate of
the future energy performance
of the building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project.September 24, 2009.................... El Paso County, TX.................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for the construction
of a new port of entry at
Fabens-Casita in El Paso
County, TX, at additional
design costs of $3,800,000,
management and inspections
costs of $6,381,000 and
estimated construction costs of
$81,384,000, for a combined
cost of $91,565,000, a
prospectus for which is
attached to and included in
this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the U.S.
House of Representatives and
the Committee on Environment
and Public Works of the U.S.
Senate a report on the planned
use of energy efficient and
renewable energy systems,
including photovoltaic systems,
for such project and if such
systems are not used for the
project, the specific rationale
for GSA's decision. Provided further, that beginning
on the date of approval of this
resolution, GSA shall, to the
maximum extent practicable and
considering life-cycle costs
appropriate for the geographic
area, use energy efficient and
renewable energy systems,
including photovoltaic systems,
in carrying out alteration,
design, or construction
projects. Provided further, that beginning
on the date of approval of this
resolution, each alteration,
design, or construction
prospectus submitted by GSA
shall include an estimate of
the future energy performance
of the building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project.
September 24, 2009.................... San Diego, CA......................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, additional appropriations
in the amount of $78,000,000
are authorized for management
and inspection and construction
of the United States Courthouse
Annex, San Diego, California,
not to exceed 466,886 gross
square feet. This resolution
amends the Transportation and
Infrastructure Committee
resolution dated July 19, 2006; Provided, that the Administrator
of General Services shall
ensure that the San Diego,
California Courthouse Complex
contains no more than 22
courtrooms; Provided further, that the
Administrator of General
Services shall not construct
more than six courtrooms or 12
chambers in the San Diego,
California Courthouse Annex
under the authority of this
resolution; Provided further, that the
Administrator of General
Services shall ensure that a
sharing plan approved by the
Judicial Conference on
September 15, 2009, for
courtrooms for magistrate
judges is adopted within 30
days of this resolution and is
implemented in the design of
the San Diego Courthouse
Complex; Provided further, that the
Administrator of General
Services shall require that any
excess space not allocated to
courtroom or other court-
related use in the San Diego,
California Courthouse Annex
shall be used to provide office
space to Executive Branch
agencies that are not ancillary
or related to the Federal
judiciary; Provided further, that the
Administrator of General
Services shall submit a
prospectus for any additional
expansion space, after
completion of construction and
occupancy of the San Diego
Courthouse Annex, for court or
other court-related use
requested in the San Diego,
California Courthouse Annex; Provided further, that, prior to
acceptance of the Guaranteed
Maximum Price (GMP), the
Administrator of General
Services shall advise the
Committee on Transportation and
Infrastructure of the number of
courtrooms, chambers, court
space, court related space, and
other agency space to be
provided in the San Diego,
California Courthouse Annex; Provided further, that no
additional funds, beyond the
GMP, in effect on the date of
this resolution, for the
procurement for the
construction of the San Diego,
California Courthouse Annex, as
of the date of adoption of this
resolution, shall be authorized
or obligated for the project; Provided further, that, to the
maximum extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project; Provided further, that, within
180 days of adoption of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the U.S.
House of Representatives and
the Committee on Environment
and Public Works of the U.S.
Senate a report on the planned
use of energy efficient and
renewable energy systems,
including photovoltaic systems,
for the project and if such
systems are not used for the
project, the specific rationale
for GSA's decision.November 5, 2009...................... Calexico, CA.......................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for additional site acquisition
and design for the
reconfiguration and expansion
of the existing land port of
entry in downtown Calexico, CA,
at additional site costs of
$3,000,000 (site acquisition
costs of which $2,000,000 were
previously authorized) and
design costs of $6,437,000
(design costs of which
$12,350,000 were previously
authorized), for a combined
cost of $9,437,000, a
prospectus for which is
attached to, and included in,
this resolution. This
resolution amends the Committee
resolution of April 5, 2006. Provided, that the General
Services Administration (GSA)
will plan, design, and
construct a minimum of five
privately owned vehicle (POV)
southbound lanes, as
recommended by the
``BorderWizard'' traffic
simulation model used for Land
Port of Entry (LPOE) studies. Provided further, that GSA, in
coordination and consultation
with the U.S. Army Corps of
Engineers, shall submit a
report to the Committee on
Transportation and
Infrastructure, within 180 days
of adoption of the resolution,
on options to plan, design, and
construct covering and or
piping underground the New
River, north from the
International Border to Highway
98 in the City of Calexico. Provided further, that to the
maximum extent practicable and
considering life-cycle costs
appropriate for the geographic
area, GSA shall use energy
efficient and renewable energy
systems, including photovoltaic
systems, in carrying out the
project. Provided further, that within
180 days of adoption of the
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision. Provided further, each
alteration, design, or
construction prospectus
submitted by GSA shall include
an estimate of the future
energy performance of the
building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project.
November 5, 2009...................... Mobile, AL............................ Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for the construction of a new
U.S. courthouse, up to 346,691
gross square feet, located in
Mobile, AL, at additional site
costs of $2,603,000, additional
design costs of $6,009,000,
management and inspection costs
of $7,922,000, and construction
costs of $173,506,000 at a
proposed total cost of
$190,040,000, for which a May
11, 2000 11(b) report and a
fact sheet is attached to, and
included, in this resolution.
This resolution amends the
Committee resolution of July
23, 2003. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of adoption of the
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision. Provided further, that beginning
on the date of adoption of the
resolution, each alteration,
design, or construction
prospectus submitted by GSA
shall include an estimate of
the future energy performance
of the building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that the
Administrator of General
Services shall ensure that a
sharing plan approved by the
Judicial Conference on
September 15, 2009, for
courtrooms for magistrate
judges is adopted and is
implemented in the design of
the courthouse. Provided further, that the
Administrator of General
Services shall ensure that the
design provides courtroom space
for senior judges for up to 10
years from eligibility for
senior status, not to exceed
one courtroom for every two
senior judges. Provided further, that, the
Administrator of General
Services shall ensure that the
Mobile, Alabama Courthouse
contains no more than seven
courtrooms. Provided further, that the
Administrator of General
Services submit a flood plain
mitigation plan to the
Committee on Transportation and
Infrastructure of the House of
Representatives before a
construction award is made. Provided further, that the
Judicial Conference of the
United States shall
specifically approve each
departure from the U.S. Courts
Design Guide for each U.S.
courthouse construction project
that results in additional
estimated costs of the project
(including additional rent
payment obligations) and that
the Judicial Conference provide
a specific list of each
departure and the justification
and estimated costs (as
supplied by the GSA) of such
departure for each U.S.
courthouse construction project
to the GSA. Each U.S.
courthouse construction
prospectus submitted by GSA
shall include a specific list
of each departure and the
justification and estimated
cost (including additional rent
payment obligations) of such
departure and GSA's
recommendation on whether the
Committee on Transportation and
Infrastructure of the House of
Representatives and the
Committee on Environment and
Public Works of the Senate
should approve such departure.November 5, 2009...................... Greenbelt, MD......................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for the construction of an
expansion, up to 262,579 gross
square feet, of the U.S.
courthouse located in
Greenbelt, MD at design costs
of $10,000,000, for which a
February 12, 1990 11(b) report
and factsheet is attached to,
and included in, this
resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of adoption of the
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rational for GSA's
decision. Provided further, that beginning
on the date of adoption of the
resolution, each alteration,
design, or construction
prospectus submitted by GSA
shall include an estimate of
the future energy performance
of the building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that the
Administrator of General
Services shall ensure that a
sharing plan approved by the
Judicial Conference on
September 15, 2009, for
courtrooms for magistrate
judges is adopted and is
implemented in the design of
the courthouse. Provided further, that the
Administrator of General
Services shall ensure that the
design provides courtroom space
for senior judges for up to 10
years from eligibility for
senior status, not to exceed
one courtroom for every two
senior judges. Provided further, that, the
Administrator of General
Services shall ensure that the
Greenbelt, Maryland Courthouse
Annex contains no more than 12
courtrooms; Provided further, that the
Judicial Conference of the
United States shall
specifically approve each
departure from the U.S. Courts
Design Guide for each U.S.
courthouse construction project
that results in additional
estimated costs of the project
(including additional rent
payment obligations) and that
the Judicial Conference provide
a specific list of each
departure and the justification
and estimated costs (as
supplied by the GSA) of such
departure for each U.S.
courthouse construction project
to the GSA. Each U.S.
courthouse construction
prospectus submitted by GSA
shall include a specific list
of each departure and the
justification and estimated
cost (including additional rent
payment obligations) of such
departure and GSA's
recommendation on whether the
Committee on Transportation and
Infrastructure of the House of
Representatives and the
Committee on Environment and
Public Works of the Senate
should approve such departure.November 5, 2009...................... Savannah, GA.......................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for the construction of a new
U.S. courthouse, up to 184,955
gross square feet, located in
Savannah, GA, at design costs
of $7,900,000, for which a
March 15, 1994 prospectus and
factsheet is attached to, and
included in, this resolution.
This resolution amends the
Committee resolution of July
23, 2003. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of adoption of the
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision. Provided further, that beginning
on the date of adoption of this
resolution, each alteration,
design, or construction
prospectus submitted by GSA
shall include an estimate of
the future energy performance
of the building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that, the
Administrator of General
Services shall ensure that a
sharing plan approved by the
Judicial Conference on
September 15, 2009, for
courtrooms for magistrate
judges is adopted and is
implemented in the design of
the courthouse. Provided further, that the
Administrator of General
Services shall ensure that the
design provides courtroom space
for senior judges for up to 10
years from eligibility for
senior status, not to exceed
one courtroom for every two
senior judges. Provided further, that the
Administrator of General
Services shall ensure that the
Savannah Courthouse Annex
contains no more than four
courtrooms; Provided further, that the
Administrator of General
Services shall prepare a
feasibility report on the need
for the courthouse and re-
evaluate the design. The report
shall be submitted to the
Committee on Transportation and
Infrastructure of the House of
Representatives before
proceeding with construction of
the Savannah, Georgia
Courthouse. Provided further, that the
Judicial Conference of the
United States shall
specifically approve each
departure from the U.S. Courts
Design Guide for each U.S.
courthouse construction project
that results in additional
estimated costs of the project
(including additional rent
payment obligations) and that
the Judicial Conference provide
a specific list of each
departure and the justification
and estimated costs (as
supplied by the GSA) of such
departure for each U.S.
courthouse construction project
to the GSA. Each U.S.
courthouse construction
prospectus submitted by GSA
shall include a specific list
of each departure and the
justification and estimated
cost (including additional rent
payment obligations) of such
departure and GSA's
recommendation on whether the
Committee on Transportation and
Infrastructure of the House of
Representatives and the
Committee on Environment and
Public Works of the Senate
should approve such departure.November 5, 2009...................... San Antonio, TX....................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for the construction of a new
U.S. courthouse, up to 334,335
gross square feet, located in
San Antonio, TX, at additional
design costs of $4,000,000, for
which prospectus PTX-CTSD-SA04
and a factsheet is attached to,
and included in, this
resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of adoption of the
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision. Provided further, that beginning
on the date of adoption of the
resolution, each alteration,
design, or construction
prospectus submitted by GSA
shall include an estimate of
the future energy performance
of the building and specific
description of the use of
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that the
Administrator of General
Services shall ensure that a
sharing plan approved by the
Judicial Conference on
September 15, 2009, for
courtrooms for magistrate
judges is adopted within 30
days of this resolution and is
implemented in the design of
the courthouse. Provided further, that the
Administrator of General
Services shall ensure that the
design provides courtroom space
for senior judges for up to 10
years from eligibility for
senior status, not to exceed
one courtroom for every two
senior judges. Provided, that the Administrator
of General Services shall
ensure that the San Antonio,
Texas Courthouse contains no
more than seven courtrooms; Provided further, that the
Judicial Conference of the
United States shall
specifically approve each
departure from the U.S. Courts
Design Guide for each U.S.
courthouse construction project
that results in additional
estimated costs of the project
(including additional rent
payment obligations) and that
the Judicial Conference provide
a specific list of each
departure and the justification
and estimated costs (as
supplied by the GSA) of such
departure for each U.S.
courthouse construction project
to the GSA. Each U.S.
courthouse construction
prospectus submitted by GSA
shall include a specific list
of each departure and the
justification and estimated
cost (including additional rent
payment obligations) of such
departure and GSA's
recommendation on whether the
Committee on Transportation and
Infrastructure of the House of
Representatives and the
Committee on Environment and
Public Works of the Senate
should approve such departure.November 5, 2009...................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a lease extension of up to
71,914 rentable square feet for
the Federal Emergency
Management Agency, currently
located 395 E Street, SW,
Washington, D.C., at a proposed
total annual cost of $3,523,786
for a lease term of up to five
years, a prospectus for which
is attached to, and included
in, this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a replacement lease of up
to 183,157 rentable square feet
for the National Transportation
Safety Board (NTSB), currently
located 490 and 429 L'Enfant
Plaza East, SW, Washington,
D.C., at a proposed total
annual cost of $8,974,693 for a
lease term of up to 15 years, a
prospectus for which is
attached to, and included in,
this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in the resolution. Provided further, within six
months of the date of adoption
of the resolution and prior to
exercising the authority
granted in the resolution, the
Administrator shall provide to
the Committee on Transportation
and Infrastructure of the House
of Representatives a draft
housing plan, including Federal
Government ownership options,
for the NTSB in the National
Capital Region. Provided further, within two
years of the date of the
resolution, the Administrator
shall provide to the Committee
on Transportation and
Infrastructure of the House of
Representatives a final housing
plan, approved by the Office of
Management and Budget, that
provides Federal Government
ownership for the NTSB in the
National Capital Region. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.
November 5, 2009...................... Portland, OR.......................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a replacement lease of up
to 126,500 rentable square feet
for the U.S. Army Corps of
Engineers, Portland District
Office, currently located at
Robert Duncan Plaza, 333 SW
First Avenue, Portland, OR, at
a proposed total annual cost of
$5,060,000 for a lease term of
up to 15 years, a prospectus
for which is attached to, and
included in, this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Philadelphia, PA...................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a superseding lease and
space alteration of up to
345,000 rentable square feet
for the National Archives and
Records Administration,
currently located at 14700
Townsend Road, Philadelphia,
PA, at a proposed total annual
cost of $3,795,000 for a lease
term of up to 20 years, a
prospectus for which is
attached to, and included in,
this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a replacement lease of up
to 100,500 rentable square feet
for the Internal Revenue
Service, currently located at
1750 Pennsylvania Avenue, NW,
Washington, D.C., at a proposed
total annual cost of $4,924,500
for a lease term of up to 10
years, a prospectus for which
is attached to, and included
in, this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a replacement lease of up
to 254,267 rentable square feet
for the Small Business
Administration (SBA), currently
located at 409 Third Street,
SW, Washington, D.C., at a
proposed total annual cost of
$12,459,083 for a lease term of
up to 10 years, a prospectus
for which is attached to, and
included in, this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, within six
months of the date of the
resolution and prior to
exercising the authority
granted in the resolution, the
Administrator shall provide to
the Committee on Transportation
and Infrastructure of the House
of Representatives a draft
housing plan, including Federal
Government ownership options,
for the SBA in the National
Capital Region. Provided further, within two
years of the date of the
resolution, the Administrator
shall provide to the Committee
on Transportation and
Infrastructure of the House of
Representatives a final housing
plan, approved by the Office of
Management and Budget, that
provides Federal Government
ownership for the SBA in the
National Capital Region. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Suburban MD........................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a succeeding lease of up to
159,731 rentable square feet
for the National Institute of
Allergy and Infectious Disease,
currently located 6700
Rockledge Drive, Bethesda, MD,
at a proposed total annual cost
of $5,430,854 for a lease term
of up to five years, a
prospectus for which is
attached to, and included in,
this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Arlington, VA......................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a succeeding lease of up to
102,238 rentable square feet
for the Federal Emergency
Management Agency, currently
located at 1800 South Bell
Street, Arlington, VA, at a
proposed total annual cost of
$3,885,044 for a lease term of
up to 10 years, a prospectus
for which is attached to, and
included in, this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Northern VA........................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a succeeding lease of up to
312,976 rentable square feet
for the Department of Defense,
currently located at the
Hoffman I building, 2461
Eisenhower Avenue, Alexandria,
VA, at a proposed total annual
cost of $10,641,184 for a lease
term of up to five years, a
prospectus for which is
attached to, and included in,
this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Northern VA........................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a succeeding lease of up to
204,783 rentable square feet
for the Department of Defense,
currently located at the
Hoffman II building, 200
Stovall Street, Alexandria, VA,
at a proposed total annual cost
of $6,962,622 for a lease term
of up to five years, a
prospectus for which is
attached to, and included in,
this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Fort Worth, TX........................ Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a replacement/expansion
lease of up to 530,039 rentable
square feet for the Federal
Aviation Administration,
currently located at the 2601
Meacham Blvd., Fort Worth, TX,
at a proposed total annual cost
of $18,551,365 for a lease term
of up to 20 years, a prospectus
for which is attached to, and
included in, this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that any lease
agreement entered into pursuant
to this resolution shall
include an option to purchase
and obtain fee title to the
facility leased to the Federal
Government. The lease agreement
shall provide for the exercise
of the purchase option on such
dates prior to the expiration
of the leasehold interest and
under such terms and conditions
deemed by the Administrator to
be in the best interest of the
Federal Government. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Renton Area, WA....................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a new lease of up to
518,865 rentable square feet
for the Federal Aviation
Administration, currently
located in multiple locations
in the Renton, WA area, at a
proposed total annual cost of
$24,386,655 for a lease term of
up to 20 years, a prospectus
for which is attached to, and
included in, this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that any lease
agreement entered into pursuant
to this resolution shall
include an option to purchase
and obtain fee title to the
facility leased to the Federal
Government. The lease agreement
shall provide for the exercise
of the purchase option on such
dates prior to the expiration
of the leasehold interest and
under such terms and conditions
deemed by the Administrator to
be in the best interest of the
Federal Government. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a replacement lease of up
to 136,787 rentable square feet
for the U.S. Department of
Agriculture (USDA), currently
located at 800 9th Street, SW,
Washington, D.C., at a proposed
total annual cost of $6,702,563
for a lease term of up to 10
years, a prospectus for which
is attached to, and included
in, this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, prior to
exercising the authority
granted in the resolution, the
Administrator shall provide to
the Committee on Transportation
and Infrastructure of the House
of Representatives a draft
housing plan, including Federal
Government ownership options,
for the USDA in the National
Capital Region. Provided further, within 60 days
of the date of the resolution,
the Administrator shall provide
to the Committee on
Transportation and
Infrastructure of the House of
Representatives a final housing
plan, approved by the Office of
Management and Budget, that
provides Federal Government
ownership for the USDA in the
National Capital Region. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.
November 5, 2009...................... Seattle, WA........................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a consolidation lease of up
to 85,608 rentable square feet
for the Department of Labor,
currently located at 1111 Third
Avenue, and 719 Second Avenue,
Seattle, WA, at a proposed
total annual cost of $4,109,184
for a lease term of up to 15
years, a prospectus for which
is attached to, and included
in, this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.November 5, 2009...................... Des Plaines, IL....................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for an extension/expansion
lease of up to 210,000 rentable
square feet for the Great Lakes
Regional Office of the Federal
Aviation Administration
currently located at 2300 Devon
Avenue in Des Plaines, IL, at a
proposed total annual cost of
$4,979,100 for a lease term of
up to 10 years, a prospectus
for which is attached to, and
included in, this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services (Administrator) shall
require that the procurement
includes minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a replacement
lease of up to 605,000 rentable
square feet for the National
Aeronautics and Space
Administration (NASA),
currently located in the 2
Independence Square Building at
300 E Street, SW, in
Washington, D.C., at a proposed
total annual cost of
$29,645,000 for a lease term of
up to 15 years, a prospectus
for which is attached to and
included in this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that within
two years of the adoption of
this resolution, the
Administrator shall provide the
Committee on Transportation and
Infrastructure of the House of
Representatives, with a final
housing plan approved by the
Office of Management and Budget
that provides for Federal
Government ownership of the
NASA headquarters functions in
the National Capital Region. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution.July 1, 2010.......................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a new lease of
up to 70,000 rentable square
feet for the Department of
Treasury, currently located in
the Treasury Annex, 501 Madison
Place, NW, in Washington, D.C.,
at a proposed total annual cost
of $3,430,000 for a lease term
of up to 10 years, a prospectus
for which is attached to and
included in this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Suburban Maryland..................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a lease
consolidation of up to 491,000
rentable square feet for the
National Institutes of Health,
National Institute of Allergy
and Infectious Diseases,
currently located in multiple
buildings in the Rock Springs
Office Park in Bethesda, MD, at
a proposed total annual cost of
$16,694,000 for a lease term of
up to 15 years, a prospectus
for which is attached to and
included in this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Suburban Maryland..................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a replacement
lease of up to 986,000 rentable
square feet for the National
Oceanic and Atmospheric
Administration (NOAA),
currently located in Silver
Spring Metro Center at 1315
East West Hwy, 1325 East West
Hwy, and 1305 East West Hwy,
Silver Spring, MD, at a
proposed total annual cost of
$33,524,000 for a lease term of
up to 15 years, a prospectus
for which is attached to and
included in this resolution. Approval of this prospectus
constitutes authority to
execute interim leases for all
tenants, if necessary, prior to
the execution of the new lease. Provided. that the General
Services Administration shall
extend current leases as
necessary to ensure full
competition, including
proposals for new lease-
construction, for the
replacement lease. Provided further, that, in the
event that ``best value''
procedures are employed in the
replacement lease procurement,
and the source selection plan
is structured such that
technical factors in aggregate
are more important than price,
that the Administrator provide
a detailed justification for
this procurement structure to
the Committee on Transportation
and Infrastructure of the House
of Representatives, prior to
the inception of the
procurement. Provided further, that to the
maximum extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that within
two years of the adoption of
this resolution, the
Administrator shall provide the
Committee on Transportation and
Infrastructure of the House of
Representatives, with a final
housing plan approved by the
Office of Management and Budget
that provides for Federal
Government ownership of the
NOAA headquarters functions in
the National Capital Region. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Northern Virginia..................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a new lease of
up to 751,000 rentable square
feet for the Department of
Defense Medical Command
Headquarters, currently located
at multiple leased and
government owned locations
throughout the Washington
Metropolitan region, at a
proposed total annual cost of
$30,040,000 for a lease term of
up to 15 years, a prospectus
for which is attached to and
included in this resolution. Approval of this prospectus
constitutes authority to
execute interim leases for all
tenants, if necessary, prior to
the execution of the new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
Administrator is authorized to
apply only the security
standards promulgated by the
Interagency Security Committee
(ISC) to this lease
procurement, given that the
space will not be housed on a
military installation, unless
the Administrator determines
that to comply only with the
ISC criteria would jeopardize
compliance with the Base
Realignment and Closure
requirement that the medical
command headquarters be
relocated by September 15,
2011. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Northern Virginia..................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for short-term lease
extensions of up to 402,822
rentable square feet for the
Department of Defense currently
located at the Skyline Place,
5275 Leesburg Pike, Falls
Church, VA, at a proposed total
annual cost of $15,307,236 for
a lease term of up to two
years, a prospectus for which
is attached to and included in
this resolution. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Northern Virginia..................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a replacement
lease of up to 118,000 rentable
square feet for the Department
of State currently located in
the Architects Building at 1400
Wilson Boulevard in Arlington,
VA, at a proposed total annual
cost of $4,484,000 for a lease
term of up to 15 years, a
prospectus for which is
attached to and included in
this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Northern Virginia..................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a replacement/
expansion lease of up to
243,000 rentable square feet
for the Department of State
Office of the Coordinator for
Reconstruction and
Stabilization Division and
Bureau of Diplomatic Security
currently located in the
Pomponio Plaza East building at
1800 North Kent Street,
Arlington, VA, at a proposed
total annual cost of $9,234,000
for a lease term of up to 15
years, a prospectus for which
is attached to and included in
this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Atlanta, GA........................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a new lease of
up to 165,000 rentable square
feet for the Department of
Housing and Urban Development
currently located at Five
Points Plaza, 40 Marietta
Street, and the Richard B.
Russell Federal Building, 75
Spring Street, in Atlanta, GA,
at a proposed total annual cost
of $5,445,000 for a lease term
of up to 15 years, a prospectus
for which is attached to and
included in this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Brooklyn, NY.......................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a replacement
lease of up to 120,000 rentable
square feet for the Internal
Revenue Service, currently
located at 10 MetroTech Center,
Brooklyn, NY, at a proposed
total annual cost of $6,600,000
for a lease term of up to 10
years, a prospectus for which
is attached to and included in
this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Guayabo, PR........................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized to exercise a
renewal option of up to 111,541
rentable square feet for the
Internal Revenue Service,
currently located in the San
Patricio Office Building, 7
Tabonuco Street, Guaynabo, PR,
at a proposed total annual cost
of $4,433,754 for a lease term
of up to five years, a
prospectus for which is
attached to and included in
this resolution. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... National Capital Region............... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for new leases of up
to a total of 1,136,000
rentable square feet for the
Department of Homeland Security
``Mission Support'' elements,
currently located in
Washington, D.C., at a proposed
total annual cost of
$55,664,000 in Washington,
D.C.; in Crystal City/Pentagon
City, VA, at a proposed total
annual cost of $43,168,000; or
in Southern Prince Georges
County, MD, at a proposed total
annual cost of $38,624,000; for
a lease term of up to 20 years,
a prospectus for which is
attached to and included in
this resolution. Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for replacement
leases of up to a total of
225,000 rentable square feet,
for elements of the Customs and
Border Protection of the
Department of Homeland Security
as identified in the prospectus
request, currently located in
Washington, D.C., until these
elements can relocate to the
Ronald Reagan Office Building,
at a proposed total annual cost
of $11,025,000 for a lease term
of up to ten years, a
prospectus for which is
attached to and included in
this resolution. Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized to extend current
leases of up to a total of
364,000 rentable square feet
for the United States Coast
Guard of the Department of
Homeland Security, currently
located at 1900 Half Street,
SW, Washington, D.C., for lease
durations as necessary until
the U.S. Coast Guard relocates
to the St. Elizabeths Campus,
at a proposed total annual cost
of $14,560,000, for a lease
term of up to five years, a
prospectus for which is
attached to and included in
this resolution. Approval of this prospectus
constitutes authority to
execute interim leases for all
tenants, if necessary, prior to
the execution of the new lease. Provided, that the Administrator
of General Services shall
conduct the lease procurement
for the Mission Support
elements to enable full and
fair consideration of lease
construction proposals and
proposals to lease existing
buildings, and structure the
lease procurement in terms of
milestones and deliverable due
dates, including site plan
approval, design, construction
permitting, and construction
delivery, in a manner
consistent with General
Services Administration
conventions employed in lease-
construct procurements. Provided further, that, to the
maximum extent practicable, the
Administrator of General
Services shall include in the
lease contract(s) a purchase
option than can be exercised at
the conclusion of the firm term
of the lease. Provided further, that, to the
maximum extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a replacement
lease of up to 252,000 rentable
square feet for the Department
of Education, currently located
in the Union Center Plaza
building at 830 First Street,
NE, in Washington, D.C., at a
proposed total annual cost of
$12,348,000 for a lease term of
up to 15 years, a prospectus
for which is attached to and
included in this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for replacement
leases of up to a total of
468,000 rentable square feet
for the Department of Justice
(DOJ) Criminal Division and
several other smaller
components of DOJ Offices,
Boards, and Divisions,
currently located in three
locations in Washington, D.C.,
at a proposed total annual cost
of $22,932,000 for a lease term
of up to 15 years, a prospectus
for which is attached to and
included in this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, in the event
that ``best value'' procedures
are employed in the replacement
lease procurement, and the
source selection plan is
structured such that technical
factors in aggregate are more
important than price, that the
Administrator provide a
detailed justification for this
procurement structure to the
Committee on Transportation and
Infrastructure of the House of
Representatives, prior to the
inception of the procurement. Provided further, that, to the
maximum extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.July 1, 2010.......................... Portland, OR.......................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a replacement
lease of up to 156,000 rentable
square feet for the U.S.
Department of Agriculture, the
U.S. Department of the
Interior, and National Business
Center currently located in the
Robert Duncan Plaza, 333 SW
First Avenue, Portland, OR, at
a proposed total annual cost of
$6,240,000 for a lease term of
up to 15 years, a prospectus
for which is attached to and
included in this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.December 2, 2010...................... Various buildings..................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for alterations to upgrade,
replace, and improve life
safety features and fire
protection systems in
Government-owned buildings
during fiscal year 2011, at a
proposed cost of $20,000,000, a
prospectus for which is
attached to and included in
this resolution. Provided, that the General
Services Administration shall
not delegate to any other
agency the authority granted by
this resolution.December 2, 2010...................... Various buildings..................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
to implement energy and water
retrofit and conservation
measures in Government-owned
buildings during fiscal year
2011, at a proposed cost of
$20,000,000, a prospectus for
which is attached to and
included in this resolution. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that
procurements executed pursuant
to this authority include
minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.December 2, 2010...................... Various buildings..................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
to upgrade, replace, and
improve space within Government-
owned buildings in support of
employee wellness during fiscal
year 2011, at a proposed cost
of $7,000,000, a prospectus for
which is attached to and
included in this resolution. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that
procurements executed pursuant
to this authority include
minimum performance
requirements requiring energy
efficiency and the use of
renewable energy. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.December 2, 2010...................... Van Nuys, CA.......................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for the build-out of space for
the Department of State's
Consular Affairs Office and
Internal Revenue Service, and
roof replacement at the James
C. Corman Federal Building at
6230 Van Nuys Boulevard, Van
Nuys, CA, at a proposed total
cost of $11,039,000, a
prospectus for which is
attached to and included in
this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for the
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision.December 2, 2010...................... Richmond, CA.......................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for a multi-phase repair and
alteration project for the
Frank Hagel Federal Building at
1221 Nevin Avenue, Richmond,
CA, at a proposed total cost of
$221,670,000, a prospectus for
which is attached to and
included in this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision.December 2, 2010...................... Indianapolis, IN...................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for an alteration of the Major
General Emmett J. Bean Federal
Center at 8899 East 56th
Street, Indianapolis, IN, at a
proposed total cost of
$46,426,000, a prospectus for
which is attached to and
included in this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that the
Administrator of General
Services is authorized to
undertake design and
construction of only those
security features which will
bring the Major General Emmett
J. Bean Federal Center and
grounds into compliance with
the security standards
promulgated by the Interagency
Security Committee. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision.December 2, 2010...................... New York, NY.......................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for alterations to the Daniel
Patrick Moynihan U.S.
Courthouse at 500 Pearl Street,
New York, NY, at a proposed
total cost of $28,000,000, a
prospectus for which is
attached to and included in
this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision.December 2, 2010...................... Calexico, CA.......................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for the reconfiguration and
expansion of the existing land
port of entry in downtown
Calexico, CA, at management and
inspection costs of $28,119,000
and estimated construction
costs of $246,344,000, for a
combined cost of $274,463,000,
a prospectus for which is
attached to and included in
this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision.December 2, 2010...................... Washington, DC........................ Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
additional appropriations are
authorized for the
consolidation of the Department
of Homeland Security
headquarters at St. Elizabeths
West Campus, Washington, DC,
for an additional combined
estimated project cost of
$1,149,406,000, a prospectus
for which is attached to and
included in this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that no new
pedestrian tunnels shall be
constructed between the East
Campus and West Campus of St.
Elizabeths. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision.December 2, 2010...................... Calais, ME............................ Resolved by the Committee on
Transportation and
Infrastructure of the. House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for the redevelopment of the
existing land port of entry at
Ferry Point, Calais, ME, at
site acquisition costs of
$500,000 and design and review
costs of $1,052,000, for a
combined cost of $1,552,000, a
prospectus for which is
attached to and included in
this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision.December 2, 2010...................... Detroit, MI........................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for the design of an annex to
the Patrick V. McNamara Federal
Building to provide an
automotive maintenance shop and
a secured parking garage for
the Federal Bureau of
Investigation, at a proposed
cost of $3,658,000, a
prospectus for which is
attached to and included in
this resolution. Provided, that, to achieve cost
savings, the Administrator of
General Services, in
coordination with the Federal
Bureau of Investigation, shall
critically examine all
opportunities to reduce the
number of parking spaces and/or
the size of the garage,
including the use of stacked
parking, and by accounting for
diversity factors (e.g.,
average number of agents on
leave or travel) which may
attenuate the daily total
parking need. Provided further, that, to the
maximum extent practicable and
considering life-cycle costs
appropriate for the geographic
area, that the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that, within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision.December 2, 2010...................... Martinsburg, WV....................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for acquisition, through an
existing purchase option, of
the building located at 145
Murall Drive, Martinsburg, WV,
at a proposed total cost of
$24,767,000, a prospectus for
which is attached to and
included in this resolution.December 2, 2010...................... Salt Lake City, UT.................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for the management and
inspection costs and
construction costs of the U.S.
courthouse, Salt Lake City, UT,
not to exceed 409,397 gross
square feet (including inside
parking), at a combined cost of
$185,700,000, a fact sheet for
which is attached to and
included in this resolution. Provided, that the Administrator
of General Services shall
ensure that the Salt Lake City,
Utah courthouse contains no
more than 10 courtrooms. Provided further, that the
Administrator of General
Services shall ensure that the
courtroom sharing policies
approved by the Judicial
Conference in September 2008
for senior District Judges and
in March 2009 for Magistrate
Judges are utilized in the
design and construction of the
Salt Lake City, Utah
courthouse; Provided further, that the
Administrator of General
Services shall require that any
excess space not allocated to
courtroom or other court-
related use in the Salt Lake
City, Utah courthouse shall be
used to provide office space to
Executive Branch agencies that
are not ancillary or related to
the Federal judiciary; Provided further, that the
Administrator of General
Services shall submit a
prospectus for any additional
expansion space, after
completion of construction and
occupancy of the Salt Lake
City, Utah courthouse, for
court or other court-related
use requested in such
courthouse; Provided further, that prior to
acceptance of the Guaranteed
Maximum Price (GMP), the
Administrator of General
Services shall advise the
Committee on Transportation and
Infrastructure of the House of
Representatives of the number
of courtrooms, chambers, court
space, and other agency space
to be provided in the entire
Salt Lake City, Utah courthouse
complex (including the Moss
Courthouse); Provided further, that no
additional funds, beyond the
GMP, in effect on the date of
this resolution, for the
construction of the Salt Lake
City, Utah courthouse, as of
the adoption of this
resolution, shall be authorized
or obligated for this project; Provided further, that prior to
the design of the Moss
Courthouse renovation, the
Administrator of General
Services shall provide the
Committee on Transportation and
Infrastructure of the House of
Representatives a report on the
optimal housing plan for the
courts, including
recommendations about the
preferred asset management
strategy, with accompanying
economic analyses of
alternatives for the Moss
Courthouse as: a Federal
building and courthouse; a
Federal building without a
court presence; or a plan to
reposition the Moss Courthouse
out of Federal ownership; Provided further, that to the
maximum extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project; Provided further, that within
180 days of adoption of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure a report on
the planned use of energy
efficient and renewable energy
systems, including photovoltaic
systems, for the project, and
if such systems are not used
for the project, the specific
rationale for GSA's decision. Provided further, that beginning
on July 19, 2006, the Judicial
Conference of the United States
shall specifically approve each
departure from the U.S. Courts
Design Guide for each U.S.
courthouse construction project
which results in additional
estimated costs of the project
(including additional rent
payment obligations) and that
the Judicial Conference provide
a specific list of each
departure and the justification
and estimated costs (as
supplied by GSA) of such
departure for each U.S.
courthouse construction project
to GSA. Each U.S. courthouse
construction prospectus
submitted by GSA shall include
a specific list of each
departure and the justification
and estimated cost (including
additional rent payment
obligations) of such departure
and GSA's recommendation on
whether the Committee on
Transportation of the House of
Representatives and the
Committee on Environment and
Public Works of the Senate
should approve such departure.December 2, 2010...................... Los Angeles, CA....................... Resolved by the Committee on
Transportation and
Infrastructure of the House of
Representatives, that, pursuant
to 40 U.S.C. Sec. 3307,
appropriations are authorized
for the design of alterations
for the Federal Building/
Parking Garage at 11000
Wilshire Boulevard, Los
Angeles, CA, at a proposed cost
of $51,217,000, a prospectus
for which is attached to and
included in this resolution. Provided, that, to the maximum
extent practicable and
considering life-cycle costs
appropriate for the geographic
area, the General Services
Administration (GSA) shall use
energy efficient and renewable
energy systems, including
photovoltaic systems, in
carrying out the project. Provided further, that within
180 days of approval of this
resolution, GSA shall submit to
the Committee on Transportation
and Infrastructure of the House
of Representatives and the
Committee on Environment and
Public Works of the Senate a
report on the planned use of
energy efficient and renewable
energy systems, including
photovoltaic systems, for such
project and if such systems are
not used for the project, the
specific rationale for GSA's
decision.December 2, 2010...................... Northern VA........................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a new lease of
up to 103,684 rentable square
feet for the General Services
Administration Federal
Acquisition Service currently
located at several locations in
Northern Virginia at a proposed
total annual cost of $3,939,992
for a lease term of up to 10
years, a prospectus for which
is attached to and included in
this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.December 2, 2010...................... Berkley and Jefferson Counties, WV.... Pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a new lease of
up to 161,000 rentable square
feet for partial consolidation/
expansion requirements of the
United States Coast Guard
Operations System Center,
currently located in multiple
leased locations at a proposed
total annual cost of $4,186,000
for a lease term of up to 20
years, a prospectus for which
is attached to and included in
this resolution. Approval of this prospectus
constitutes authority to
execute interim leases for all
tenants, if necessary, prior to
the execution of the new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.December 2, 2010...................... Northern VA........................... Resolved by the Committee on
Transportation and
Infrastructure of the U.S.
House of Representatives, that,
pursuant to 40 U.S.C. Sec.
3307, appropriations are
authorized for a replacement
lease of up to 329,000 rentable
square feet for the Department
of Defense, Office of Naval
Research, currently located at
875 North Randolph Street,
Arlington, VA, at a proposed
total annual cost of
$12,502,000 for a lease term of
up to 15 years, a prospectus
for which is attached to and
included in this resolution. Approval of this prospectus
constitutes authority to
execute an interim lease for
all tenants, if necessary,
prior to the execution of the
new lease. Provided, that, to the maximum
extent practicable, the
Administrator of General
Services shall require that the
procurement includes minimum
performance requirements
requiring energy efficiency and
the use of renewable energy. Provided further, that the
Administrator shall require
that the delineated area of the
procurement is identical to the
delineated area included in the
prospectus, except that, if the
Administrator determines that
the delineated area of the
procurement should not be
identical to the delineated
area included in the
prospectus, the Administrator
shall provide an explanatory
statement to the Committee on
Transportation and
Infrastructure of the House of
Representatives prior to
exercising any lease authority
provided in this resolution. Provided further, that the
Administrator is authorized to
apply only the security
standards promulgated by the
Interagency Security Committee
(ISC) to this lease
procurement. Provided further, that the
General Services Administration
shall not delegate to any other
agency the authority granted by
this resolution.
----------------------------------------------------------------------------------------------------------------
PUBLIC BUILDING 3314(b) RESOLUTIONS
----------------------------------------------------------------------------------------------------------------
Date Approved Location Project
----------------------------------------------------------------------------------------------------------------
June 4, 2009.................... Panama City and Bay County, FL.. Resolved by the Committee on Transportation
and Infrastructure of the U.S. House of
Representatives, that, pursuant to 40
U.S.C. Sec. 3315(b), the Administrator of
General Services shall investigate the
feasibility and need to construct or
acquire a replacement facility to house the
United States District Court for the
Northern District of Florida and other
Federal agencies, located in Panama City
and Bay County, Florida. The analysis shall
include a full and complete evaluation
including, but not limited to: (i) the
identification and cost of potential sites;
and (ii) 30-year present value evaluations
of all options, including Federal
construction, purchase (including lease
with an option to purchase or purchase
contract), and lease. The Administrator
shall submit a report to Congress within 60
days of the adoption of this resolution.June 4, 2009.................... Clarksburg, WV.................. Resolved by the Committee on Transportation
and Infrastructure of the U.S. House of
Representatives, that, pursuant to 40
U.S.C. Sec. 3315(b), the Administrator of
General Services shall investigate the
feasibility and need to construct or
acquire a replacement facility to house the
United States District Court for the
Northern District of West Virginia and
other federal agencies, located in
Clarksburg, West Virginia. The analysis
shall include a full and complete
evaluation including, but not limited to:
(i) the identification and cost of
potential sites; and (ii) 30-year present
value evaluations of all options, including
Federal construction, purchase (including
lease with an option to purchase or
purchase contract), and lease. The
Administrator shall submit a report to
Congress within 60 days of the adoption of
this resolution.July 1, 2010.................... McAllen, TX..................... Resolved by the Committee on Transportation
and Infrastructure of the U.S. House of
Representatives, that, pursuant to Title 40
U.S.C. Sec. 3315(b), the Administrator of
General Services shall investigate the
feasibility and need to construct or
acquire a replacement facility to house the
Federal agencies and the United States
District Court for the Southern District of
Texas, located in McAllen, Texas. The
analysis shall include a full and complete
evaluation including: (1) the
identification and cost of potential sites;
(2) the 30-year present value evaluations
of all options, including Federal
construction, purchase (including lease
with an option to purchase or purchase
contract), and lease; and (3) an assessment
of the space requirements that provides
courtroom sharing in accordance with the
following requirements: one courtroom for
every two magistrate judges; and one
courtroom for every two senior district
judges, with active district judges being
counted as senior district judges if such
judges become eligible for senior status
within the ten year planning period, and no
senior judge being counted beyond age 85.
The Administrator shall submit a report to
the Committee on Transportation and
Infrastructure of the U.S. House of
Representatives within 60 days of the
adoption of this resolution.
----------------------------------------------------------------------------------------------------------------
Summary of Activities for
the Subcommittee on Highways and Transit
During the 111th Congress, the Subcommittee on Highways and
Transit, chaired by Representative Peter A. DeFazio, with
Representative John J. Duncan, Jr. serving as Ranking Member,
held 13 hearings (94 witnesses and approximately 47 hours) and
one Members' roundtable, covering the breadth of issues within
the jurisdiction of the Subcommittee.
The Committee on Transportation and Infrastructure
developed major legislation, H.R. ___, the ``Surface
Transportation Authorization Act of 2009'', to reauthorize
Federal surface transportation programs and provide $450
billion over six years for surface transportation programs and
$50 billion for development of high-speed rail. On June 24,
2009, the Subcommittee reported the bill favorably to the
Committee by voice vote. No further action was taken on this
legislation.
The following bills and resolutions were enacted in the
111th Congress:
Public Law 111-147, the Hiring Incentives to
Restore Employment Act,
Public Law 111-144, the Temporary Extension
Act of 2010,
Public Law 111-157, the Continuing Extension
Act of 2010,
Public Law 111-322, the Continuing
Appropriations and Surface Transportation Extensions
Act, 2011
Public Law 111-___, the Pedestrian Safety
Enhancement Act of 2010,
H. Res. 269, supporting the goals of
Motorcycle Safety Awareness Month,
H. Res. 841, expressing support for
designation of November 29, 2009, as ``Drive Safer
Sunday'',
H. Res. 907 recognizing the Grand Concourse
on its 100th anniversary as the preeminent thoroughfare
in the Borough of the Bronx and an important nexus of
commerce and culture for the City of New York,
H. Res. 917, recognizing the Florida Keys
Scenic Highway on the occasion of its designation as an
All-American Road by the U.S. Department of
Transportation, and
H. Res. 1186, expressing support for
designation of April as National Distracted Driving
Awareness Month.
Other bills that passed the House include:
H.R. 5730, the ``Surface Transportation
Earmark Rescission, Savings, and Accountability Act'',
H.R. 5604, the ``Surface Transportation
Savings Act of 2010'',
H.R. 3617, the ``Surface Transportation
Extension Act of 2009'',
H.R. 3427, the ``State Ethics Law Protection
Act of 2010'',
H.R. 3960, the ``Residential and Commuter
Toll Fairness Act of 2010'', and
H.R. 3804, the National Park Service
Authorities and Corrections Act of 2009
Public Laws and Resolutions
Hiring Incentives To Restore Employment Act
Public Law 111-147
(Title IV)
(H.R. 2847)
March 18, 2010
The HIRE Act extends Federal highway, highway safety,
public transportation, motor carrier safety, surface
transportation research programs and policies authorized by
SAFETEA-LU through December 31, 2010. Authorizations for these
programs were set to expire on March 28, 2010.
Temporary Extension Act of 2010
Public Law 111-144
(H.R. 4691)
March 2, 2010
The Temporary Extension Act of 2010 extended a number of
Federal programs, including the Federal highway, highway
safety, public transportation, motor carrier safety, surface
transportation research programs, and policies authorized by
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU). These programs and
policies, which had been scheduled to expire on September 29,
2009, were extended through February 28, 2010 by three
Continuing Resolutions. The Temporary Extension Act of 2010
extends these programs and policies from the date of enactment
through March 28, 2010. Funding for these programs and policies
has subsequently been provided through passage of P.L. 111-147,
the Hiring Incentives to Restore Employment (HIRE) Act, on
March 18, 2010. Currently, these funds will continue through
December 31, 2010.
Continuing Extension Act of 2010
Public Law 111-157
(section 8)
(H.R. 4851)
(See also H.R. 4786)
April 15, 2010
This law includes a provision to compensate Federal
employees furloughed as a result of the lapse in expenditure
authority from the Highway Trust Fund beginning on February 28,
2010 at midnight and lasting through March 2, 2010. Furloughs
affected nearly 2,000 employees at the Federal Highway
Administration, the Federal Motor Carrier Safety
Administration, the National Highway Traffic Safety
Administration and the Research and Innovative Technology
Administration that are funded by the Highway Trust Fund.
This law also ratified and approved all actions taken by
Federal employees, contractors, and grantees during that period
of lapse to: (1) maintain the essential level of government
operations, services, and activities to protect life and
property; and (2) bring about orderly termination of government
functions.
Surface Transportation Extension Act of 2010, Part II
Public Law 111-322
(Title II)
(H.R. 3082)
December 22, 2010
The Surface Transportation Extension Act of 2010, Part II,
(STEA of 2010 Part II) extends--through March 4, 2011--the
authority for surface transportation programs originally
authorized under SAFETEA-LU through September 30, 2009, and
subsequently extended through December 31, 2010. Specifically,
STEA of 2010 Part II extends all the provisions of SAFETEA-LU
(or its extensions) that otherwise would have expired on or
ceased to apply after December 31, 2010.
STEA of 2010 Part II continues, through March 4, 2011, to
provide funding at fiscal year 2009 levels (as authorized in
SAFETEA-LU). This provides, for the period beginning on January
1, 2011, and ending on March 4, 2011, a total of $9.564 billion
for highway, highway safety, motor carrier safety, and transit
programs, including the following amounts: $7.500 billion for
highway programs, $1.839 billion for transit programs, $129
million for highway safety programs, and $96 million for motor
carrier safety programs. This funding will allow States and
local governments to carry out important capital and
operational programs, projects and activities, pending
enactment of a multiyear law reauthorizing the Federal surface
transportation programs.
As in prior SAFETEA-LU extensions, STEA of 2010 Part II
distributes ``bonus'' formula funds in lieu of additional
highway or transit program earmarks. The law provides each
State with a pro-rated amount of bonus funding that is equal to
the amount that the State received in fiscal year 2009 to carry
out the High Priority Projects program, Transportation
Improvements, the Maglev program, Highway Bridge Program set-
asides, Projects of National and Regional Significance, and the
National Corridor Infrastructure Improvement program. Prior
extensions distributed each State's share of these bonus funds
among six of the 13 State highway formula programs. STEA of
2010 Part II instead distributes these funds among all 13
programs. The law requires the Federal Highway Administration
to administer all bonus funds in the same manner and with the
same period of availability as other funding that the States
receive under each of these formula programs.
In addition to these provisions, STEA of 2010 Part II
extends through August 2012 the SAFETEA-LU-authorized Surface
Transportation Project Delivery Pilot Program. This program,
which was otherwise scheduled to expire in August 2011, allows
five designated States to assume many of the Secretary of
Transportation's responsibilities under the National
Environmental Policy Act. Finally, STEA of 2010 Part II grants
the Secretary of Transportation authority to implement the
results of the future strategic highway research program.
Pedestrian Safety Enhancement Act of 2010
Public Law 111-___
(S. 841)
January 2011
This law directs the Secretary of Transportation to study
and establish a motor vehicle safety standard that provides a
means of alerting blind and other pedestrians of the presence
of a motor vehicle operation for otherwise silent vehicles,
such as hybrids. The law directs $2 million of the amounts
appropriated to the Department under safety belt performance
grants to develop and implement the new standards.
Supporting the Goals of Motorcycle Safety Awareness Month
(H. Res. 269)
May 5, 2009
H. Res. 269 expresses the House of Representatives' support
for the goals of Motorcycle Safety Awareness Month and brings
much needed attention to motorcycle safety on our nation's
roadways. Motorcycles are a fuel-efficient and congestion-
decreasing mode of transportation and are a valuable component
of our transportation system. This increasingly popular mode of
transportation also requires greater attention to the safety
concerns associated with riding. Public awareness of motorcycle
safety benefits everyone that uses our nation's roadways, not
just motorcyclists, because it can lead to a decrease in car-
motorcycle crashes.
Expressing Support for Designation of November 29, 2009 as ``Drive
Safer Sunday''
(H. Res. 841)
November 17, 2009
H. Res. 841 expresses support for the designation of
November 29, 2009 as ``Drive Safer Sunday.'' This resolution
highlights the dangers posed by unsafe driving, including
distracted driving, and encourages administrators and teachers
at high schools and colleges to launch campus-wide educational
campaigns to urge students to be careful about safety when
driving. It also encourages national trucking firms to alert
their drivers to be especially focused on driving safely during
the heaviest traffic day of the year, and to publicize the
importance of the day using Citizen's Band radios and in truck
stops across the nation. Finally, this resolution urges all
Americans to use this as an opportunity to educate themselves
about highway safety and the dangers of distracted driving.
Recognizing the Grand Concourse on Its 100th Anniversary as the
Preeminent Thoroughfare in the Borough of the Bronx and an Important
Nexus of Commerce and Culture for the City of New York
(H. Res. 907)
December 8, 2009
H. Res. 907 recognizes the Grand Concourse on its 100th
anniversary as the preeminent thoroughfare in the borough of
the Bronx, and its roles as an important nexus of commerce and
culture for the City of New York. Designed by Louis Aloys Risse
and opened in 1909, this tree-lined thoroughfare was first
conceived of in 1890 as a means of connecting the borough of
Manhattan to the northern Bronx. Over the course of its 100
years, the Grand Concourse has played a long-standing role in
defining the Bronx community, and serving as the central north-
south artery of the borough. For over four miles, the Grand
Concourse is lined by several parks, fountains, and other
pedestrian-friendly community treasures.
Recognizing the Florida Keys Scenic Highway on the Occasion of Its
Designation as an All-American Road by the U.S. Department of
Transportation
(H. Res. 917)
March 24, 2010
H. Res. 917 recognizes the Florida Keys Scenic Highway on
the occasion of its designation as an All-American Road by the
DOT and congratulates those residents of the Florida Keys who
participated in the effort to support this designation.
Expressing Support for Designation of April as National Distracted
Driving Awareness Month
(H. Res. 1186)
March 23, 2010
H. Res. 1186 expresses support for the designation of April
as Distracted Driving Awareness month; encourages all people in
the United States to consider the lives of others on the road
and avoid distracted driving; and requests the Clerk of the
House to transmit a copy of the resolution to FocusDriven, an
advocacy group for victims of motor vehicle crashes involving
drivers using cell phones.
Other Legislation
Surface Transportation Authorization Act of 2009
(H.R. ___)
Subcommittee Reported Favorably to the Committee on
June 24, 2009
On June 24, 2009, the Subcommittee on Highways and Transit
met to mark up H.R. ___, the ``Surface Transportation
Authorization Act of 2009''.
The Surface Transportation Authorization Act of 2009
authorizes the nation's highway, highway safety, and public
transportation programs. This legislation is designed to
replace the current authorization, the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA-LU) (P.L. 109-59), which expired on September
30, 2009.
In preparation for authorization of the surface
transportation programs, the Subcommittee on Highways and
Transit held more than 30 hearings and six Member briefings in
the 110th and 111th Congresses to examine various aspects of
the surface transportation networks or policies.
Prior to the Subcommittee markup, the bipartisan leadership
of the Committee on Transportation and Infrastructure released
a white paper, entitled ``A Blueprint for Investment and
Reform'', outlining the new surface transportation
authorization bill.
The Surface Transportation Authorization Act of 2009
transforms the nation's surface transportation programs to
achieve specific national objectives: reducing fatalities and
serious injuries on highways; improving mobility and access in
metropolitan areas; upgrading the freight transportation
network; expanding the interconnectivity of communities;
providing transportation choices for commuters and travelers;
limiting the adverse effects of transportation on the
environment; and promoting modal choice, public health and the
livability of our communities.
The Surface Transportation Authorization Act of 2009
modernizes and reforms the nation's surface transportation
framework and provides the necessary investment to carry out
this vision. The bill provides increased transparency,
accountability, oversight, and performance measurement to
ensure maximum return on investments in the nation's surface
transportation network. Specifically, the Surface
Transportation Authorization Act of 2009:
Redefines the Federal role and restructures
Federal surface transportation by consolidating or
terminating more than 75 programs;
Consolidates the majority of highway funding
into four core formula categories designed to bring our
highway and bridge systems to a state of good repair;
improve highway safety; develop new and improved system
capacity; and reduce congestion and greenhouse gas
emissions and improve air quality;
Focuses the majority of transit funding into
four core categories to bring urban and rural public
transit systems to a state of good repair; provide
specific funding to restore transit rail systems;
provide mobility and access to transit-dependent
individuals; and plan, design, and construct new
transit lines and intermodal facilities;
Directs Federal highway safety investments
to specific activities demonstrated to reduce
fatalities and injuries on our roads;
Establishes new initiatives to address the
crippling impacts of congestion in major metropolitan
regions, and eliminate bottlenecks in freight
transportation;
Creates a National Transportation Strategic
Plan, based on long-range highway, transit, and rail
plans developed by States and metropolitan regions, to
develop intermodal connectivity of the nation's
transportation system and identify projects of national
significance;
Reforms the U.S. Department of
Transportation (DOT) to require intermodal planning and
decision-making; ensuring that projects are planned and
completed in a timely manner; and making certain that
DOT programs advance the livability of communities;
Requires States and local governments to
establish transportation plans with specific
performance standards; measure their progress in
meeting these standards annually; and periodically
adjust their plans as necessary to achieve specific
objectives;
Improves the project delivery process by
eliminating duplication in documentation and
procedures;
Establishes a new program to finance
planning, design, and construction of high-speed rail;
Creates a National Infrastructure Bank to
better leverage limited transportation dollars.
On June 24, 2009, the Subcommittee reported the bill
favorably to the Committee by voice vote. No further action was
taken on this legislation.
The Surface Transportation Earmark Rescission, Savings, and
Accountability Act
(H.R. 5730)
Passed the House on July 27, 2010
H.R. 5730 rescinds $713.208 million of Federal-aid highway
contract authority from 309 Member-designated high priority
projects from four prior surface transportation authorization
acts, including every surface transportation authorization act
of the past two decades.
Specifically, the bill: rescinds all remaining highway
earmarks ($4.55 million for 2 projects) designated in the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (STURAA) (P.L. 100-17); rescinds all remaining highway
earmarks ($263.543 million for 154 projects) designated in the
Intermodal Surface Transportation Efficiency Act of 1991
(ISTEA) (P.L. 102-240); rescinds all highway projects ($441.475
million for 152 projects) designated in the Transportation
Equity Act for the 21st Century (TEA 21) (P.L. 105-178) that
have not obligated at least 10 percent of the funds authorized
for the project; and rescinds all High Priority Project program
funds ($8.190 million for 1 project) authorized by SAFETEA-LU
(P.L. 109-59) that were not designated for use on a specific
project.
Additionally, the bill repeals a corridor designation under
the Appalachian Development Highway System program. The bill
also requires the Secretary of Transportation to submit an
annual report on highway earmarks that have inactive funds.
The Surface Transportation Savings Act
(H.R. 5604)
Passed the House on July 20, 2010
H.R. 5604 rescinds $106.8 million in excess contract
authority that NHTSA and the Federal Transit Administration
(FTA) cannot use in FY 2010. Specifically, the bill: Rescinds
$81 million from NHTSA's safety belt performance grant program;
rescinds $8.5 million from NHTSA's administrative expenses,
National Driver Register program, and research and development
programs; and rescinds $17.4 million from FTA's formula and bus
grant programs.
The Surface Transportation Extension Act of 2009
(H.R. 3617)
Passed the House on September 23, 2009
The Surface Transportation Extension Act of 2009 called for
the extension of Federal highway, highway safety, public
transportation, motor carrier safety, surface transportation
research programs and policies authorized by the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) through December 31, 2009. The
authorizations for Federal surface transportation programs
expired on September 29, 2009. Funding for these programs and
policies was subsequently provided through a series of
Continuing Resolutions and passage of the Hiring Incentives to
Restore Employment (HIRE) Act (P.L. 111-147); these funds will
continue through December 31, 2010.
The State Ethics Law Protection Act of 2010
(H.R. 3427)
Passed the House on September 28, 2010
H.R. 3427 provides that a State may not be considered to
have violated the FHWA statutory requirements under 23 U.S.C.
Sec. 112(b) solely because of enactment of a State or local law
prohibiting ``pay-to-play''.
Some States have enacted statutes (``anti-pay-to-play
laws'') limiting the amount of money that an individual or
entity doing business with a State agency may contribute to a
political party, campaign, or elected official. FHWA has
interpreted State anti-pay-to-play laws as potentially
conflicting with the competitive bidding requirements that
apply to the use of Federal-aid highway funds in 23 U.S.C.
Sec. 112(b). FHWA has threatened to withhold Federal highway
funds from States that enacted anti-pay-to-play laws that apply
to contracts on Federal-aid highway projects.
H.R. 3427 provides that a State will not be considered to
have violated FHWA bidding requirements solely because the
State enacted an anti-pay-to-play law.
The Residential and Commuter Toll Fairness Act of 2010
(H.R. 3960)
Passed the House on September 28, 2010
H.R. 3960 clarifies the existing authority of, and as
necessary provides express authorization for, public entities
to offer residentially-based toll discounts to ``captive
tollpayers'' who reside in, or regularly commute to, areas with
geographically-constrained transportation access--e.g.,
communities on islands or peninsulas accessed only by toll
bridges--that requires the payment of transportation tolls or
fares and thus bear heavy toll burdens. Nothing in H.R. 3960
limits any other existing authorities possessed by these public
authorities, including the authority to offer toll discounts to
other travelers. H.R. 3960 also clarifies that nothing in the
Act affects, alters, or limits the applicability of existing
State or local laws regarding the authority to impose toll
discounts.
Horse Transportation Safety Act of 2009
(H.R. 305)
Reported Favorably to the House on July 29, 2010
This legislation prohibits a person from transporting a
horse in interstate commerce in a motor vehicle containing two
or more levels stacked on top of one another. It also sets
forth civil penalties for persons who knowingly violate such
prohibition.
National Park Service Authorities and Corrections Act of 2009
(H.R. 3804)
Passed the House on December 7, 2009
H.R. 3804 makes technical corrections to various Acts
affecting the National Park Service (NPS) and also authorizes a
land exchange between the George Washington Memorial Parkway
and Federal Highway Administration (FHWA) to reflect an
agreement signed by the two agencies. The FHWA's Turner-
Fairbank Highway Research Center is adjacent to the GW Parkway,
and FHWA has allowed the use of a road on the Center's property
to provide access to the popular Claude Moore Colonial Farm,
which is inside the parkway boundaries. FHWA has agreed to
transfer to NPS a parcel of less than an acre that is needed to
keep access to the farm open; in exchange, NPS has agreed to
transfer to FHWA a strip of land outside the perimeter fence of
the research center, and to restrict use on another parcel.
To Direct the Secretary of Transportation To Update a Research Report
and Issue Guidance to the States With Respect to Reducing Lighting on
the Federal-Aid System During Periods of Low Traffic Density, and for
Other Purposes
(H.R. 1997)
Reported Favorably to the House on September 22, 2010
This legislation directs the Secretary, acting through the
Federal Highway Administration (FHWA) and in cooperation with
the American Association of State Highway and Transportation
Officials (AASHTO), to update a FHWA research report entitled
``Reduced Lighting on Freeways During Periods of Low Traffic
Density.'' This report was released in August 1985.
In updating the report, H.R. 1997 instructs the Secretary
to address issues of optimal times and conditions for reduced
lighting; appropriate lighting levels for various roads and
road features; appropriate manner in which to carry out reduced
lighting; energy savings and reduction in greenhouse gases that
may result from reduced lighting; and any legal issues relating
to reducing lighting, including the development of such issues
since the release of the original research report in 1985.
This bill instructs the Secretary, within 180 days of
enactment, to issue guidance to the States with respect to
reducing lighting on the Federal-aid system during periods of
low traffic density based on the findings of the updated
research report.
Hearings
During the 111th Congress, the Subcommittee on Highways and
Transit held 13 hearings and one Members' roundtable.
Energy Reduction and Environmental Sustainability in Surface
Transportation
On January 27, 2009, the Subcommittee held a hearing to
receive testimony on approaches for addressing energy usage and
environmental sustainability in surface transportation. This
hearing was part of the Subcommittee's effort to prepare for
the reauthorization of Federal surface transportation programs
under SAFETEA-LU, which expired on September 20, 2009. The
Subcommittee received testimony from a State Secretary of
Transportation, a general manager of a metropolitan transit
agency, a representative of local government, a representative
of an environmental organization, a director of urban and land
use policy for a think tank, and a number of representatives
from industries that offer methods for improving environmental
sustainability in the nation's infrastructure.
Currently, the U.S. is the world's largest energy consumer
and largest greenhouse gas (GHG) emitter. According to the
Environmental Protection Agency and the U.S. Department of
Energy, approximately 30 percent of the United States'
greenhouse gas emissions are produced by mobile sources.
Private vehicles are the largest contributor to household
``carbon foot prints''--accounting for 55 percent of carbon
emissions from U.S. households, while 85 percent of
transportation sector emissions are related to the surface
transportation system. The U.S. is responsible for one-quarter
of the 85 million barrels of petroleum consumed worldwide every
day.
With the nation's population expected to grow from
approximately 300 million today to 420 million by 2050 and
freight volumes expected to grow by 70 percent by 2020, future
demands on the intermodal surface transportation network will
require implementation of a variety of approaches to address
the challenges of the 21st Century.
Confronting Freight Challenges in Southern California
On February 20, 2009, the Subcommittee on Highways and
Transit and the Subcommittee on Railroads, Pipelines, and
Hazardous Materials held a joint field hearing in Los Angeles,
California, to receive testimony on the challenges facing the
Southern California region due to the movement of freight. The
Subcommittees heard testimony from the Executive Directors of
the Port of Long Beach and the Port of Los Angeles,
representatives from three local and regional governmental
organizations, a labor representative for workers at the ports,
trucking industry representatives and independent owners and
operators, as well as representatives from the two largest
railroads serving the ports.
The Subcommittees also discussed the ports' efforts to
reduce emissions from port-related activities, including from
trucks that provide drayage services at the ports.
Specifically, the hearing examined the ports' effort to invest
in infrastructure to increase efficiency and expand
transportation options for moving freight through the ports and
the region. The hearing also examined the ports' adoption of
the San Pedro Bay Ports Clean Air Action Plan, including the
Plan's ``Clean Trucks'' program.
The Ports of Los Angeles and Long Beach are adjacent port
facilities located on San Pedro Bay in Southern California.
Together, they constitute the fifth busiest port complex in the
world, moving some $260 billion in total trade, including
handling 14.33 million 20-foot containers (commonly referred to
as twenty-foot equivalent units or TEUs) in 2009. The ports
handle approximately 40 percent of all the containers entering
the United States.
Air pollution from international goods movement activities
at the ports is a major public health problem for the Southern
California area. The Southern California region has
consistently ranked as having the worst air quality and
congestion in the nation. California's transportation sector is
the leading source of GHG emissions in the state, contributing
over 40 percent of the state's annual GHG emissions.
To mitigate the growing congestion levels on Southern
California roadways and environmental damages threatening local
health and safety, state, local and regional governments have
undertaken a number of policy and infrastructure initiatives.
These initiatives range from investments in expanded highway
and freight rail infrastructure capacity to innovative
initiatives to reduce emissions from port-related vehicles. At
the hearing, the Subcommittees heard from several witnesses on
the steps taken to reduce congestion and the environmental and
societal impacts of freight movement, and the role that the
Federal Government can play in facilitating goods movement.
High Priority Project Program
On April 28, 2009, the Subcommittee held a hearing to
receive testimony on specific High Priority Project (HPP)
requests of Members of Congress. The hearing provided an
opportunity for Members to provide information to the
Subcommittee and to the public about the HPPs that they planned
to request in the Surface Transportation Authorization Act of
2009. The hearing is part of the Committee's effort to ensure
greater transparency and accountability in the upcoming surface
transportation authorization legislation.
As part of the Committee's initiative to dramatically
increase transparency and accountability in the HPP process,
the Committee requires all projects to meet eligibility
criteria under Title 23 (Highways) or Chapter 53 of Title 49
(Public Transit) of the United States Code to ensure that HPPs
comply with highway and transit program objectives. In
addition, the Committee specifically prohibits HPP funding for
non-surface transportation projects, such as funding of
transportation museums, horse trails, historic battlefields,
and other non-transportation projects.
The Committee requires Members to provide specific
information on the type, location, total cost, percentage of
total cost that the request would finance, and benefits of the
project, in order for the Committee to effectively analyze the
merits of project requests.
The new Committee HPP guidelines also require Members to
specifically identify funding to finance at least 80 percent of
the total cost of the phase or segment of the project requested
through either (1) the amount requested by the Member; or (2)
the amount requested by the Member and other specifically
designated Federal, state, local, or private funding sources.
The intent of this provision is to increase the likelihood that
construction of the project will be underway during the term of
the Act. To ensure that HPPs have significant state or local
support, the Committee requires Members to provide at least one
letter of support for the project from the state Department of
Transportation or affected local government or governmental
agency.
The Importance of Long-Term Surface Transportation Authorization in
Sustaining Economic Recovery
On July 16, 2009, the Subcommittee held a hearing to
receive testimony on the importance of a long-term surface
transportation authorization in sustaining economic recovery.
The Subcommittee received testimony from the Under Secretary of
Policy of the U.S. Department of Transportation, as well as
representatives from the highway and transit construction
associations and a motor coach manufacturer. Witnesses
discussed the broad economic benefits and job creation that is
driven by investments in the nation's infrastructure.
With the current Federal surface transportation
authorization, SAFETEA-LU, set to expire on September 30, 2009,
this hearing examined the critical role a long-term
authorization would play in creating and sustaining employment
opportunities and economic activity.
Addressing the Problem of Distracted Driving
On October 29, 2009, the Subcommittee held a hearing to
receive testimony on the impact of distracted driving on
roadway safety. Witnesses discussed efforts and options for
combating distracted driving, and integrating emerging
technologies in a manner that does not jeopardize roadway
safety. This hearing was part of the Subcommittee's effort to
authorize Federal surface transportation programs. The
Subcommittee heard testimony from the Secretary of
Transportation, a state highway safety administrator,
representatives from academia, the wireless industry, the
trucking industry, a labor union, and highway safety advocates.
Distracted driving--or driving while engaging in behavior
or activities that interfere with operation of a vehicle or
divert the attention of the driver--has become recognized as a
growing roadway safety concern. According to the National
Highway Traffic Safety Administration (NHTSA), in 2008, 5,870
people lost their lives and an estimated 515,000 people were
injured in police-reported crashes in which at least one form
of driver distraction was reported on the crash report. Driver
distraction was reported to have been involved in 16 percent of
all fatal crashes in 2008, according to data from the Fatality
Analysis Reporting System (FARS), increasing from 12 percent in
2004.
There are a wide array of activities that cause vehicle
operators' attention to be diverted away from the primary task
of driving, which has the potential to cause or contribute to a
crash. Much of the recent focus on this issue has been on the
impact of the introduction of greater technology--both in-
vehicle systems and communication devices such as cell phones--
which have grown quickly during the past decade.
On October 1, 2009, President Obama signed an Executive
Order directing Federal employees not to engage in text
messaging while driving government-owned vehicles, when using
electronic equipment supplied by the government while driving,
or while driving privately-owned vehicles when on official
government business.
Secretary of Transportation Ray LaHood also announced DOT's
intention to develop three separate rulemakings to combat
distracted driving in the rail, truck, and bus industries. DOT
intends to ban text messaging and restrict the use of cell
phones by truck and interstate bus operators, and to suspend
and revoke the Commercial Driver Licenses of school bus drivers
convicted of texting while driving.
Public Transit Safety: Examining the Federal Role
On December 8, 2009, the Subcommittee held a hearing to
receive testimony on DOT's role in ensuring the safety of
public transit systems, and to specifically examine the Obama
administration's proposed legislation to significantly change
the State Safety Oversight (SSO) program while increasing the
Federal Transit Administration's (FTA) safety oversight and
funding role. The hearing was part of the Subcommittee's effort
to reauthorize Federal surface transportation programs under
SAFETEA-LU. The Subcommittee heard from the Secretary of
Transportation, the Administrator of FTA, the Managing Director
of the Government Accountability Office (GAO), the Director of
Rail Transit Safety of the National Transportation Safety Board
(NTSB), the Director of a state safety oversight agency, and
the President of a public transportation association.
In 2008, Americans took 10.7 billion unlinked transit
passenger trips on public transportation systems, representing
the highest transit ridership levels in 52 years. In addition
to increasing in use, rail transit continues to be one of the
safest modes of transportation. Transit agencies have fewer
fatalities and injuries than does any other mode of travel.
Nevertheless, a number of high profile transit accidents in
recent years (e.g., Chicago, Boston, San Francisco, and
Washington, D.C.) have highlighted several weaknesses in the
current state of rail transit safety. According to FTA, more
than one-third of the total assets of the largest rail systems
are in either marginal or poor condition. Data contained in the
U.S. Department of Transportation's 2006 Conditions and
Performance Report indicate that 16 percent of elevated transit
structures, 13 percent of underground transit tunnels, and
eight percent of transit track is in substandard condition.
This results in an estimated $80 billion maintenance backlog
for the nation's rail transit systems.
Public transit systems, however, are not directly regulated
by FTA and there are no nationwide mandatory minimum standards
for rail transit safety, only voluntary standard produced by
industry associations. In fact, FTA is statutorily barred from
regulating the operations of any public transportation system,
except for purposes of national defense or in the event of a
national or regional emergency. In lieu of direct Federal
oversight of rail transit or the authority to issue unified
Federal safety standards, FTA oversees 26 separate and distinct
state transit safety programs operating in 27 different states
with inconsistent safety practices and effectiveness. This
current state-based system is known as the ``State Safety
Oversight'' (SSO) program.
Using Innovative Financing To Deliver Highway and Transit Projects
On April 14, 2010, the Subcommittee held a hearing to
receive testimony on innovative financing practices in surface
transportation project delivery. The Subcommittee heard from
the Assistant Secretary for Budget and Programs and Chief
Financial Officer of the United States Department of
Transportation, the Secretary of the North Carolina Department
of Transportation, the General Manager and Chief Executive
Officer of Denver's Regional Transportation District, the Chief
Executive Officer of the Los Angeles County Metropolitan
Transit Authority, and the President of a consulting firm
specializing in the financing of transportation infrastructure
projects. This hearing was part of the Subcommittee's effort to
reauthorize Federal surface transportation programs under
SAFETEA-LU.
Adequate investment in surface transportation
infrastructure is critical to the nation's economic growth,
competitiveness in the world marketplace, and the quality of
life in our communities. Delivering successful transportation
projects requires both sustained and reliable levels of
funding, as well as access to sufficient financing mechanisms.
Traditionally, highway and public transit investments have been
funded through a combination of Federal, state, and local
public funds. In addition, private funds have been used to
augment and leverage public funds for certain types of
transportation projects.
Current public investments in surface transportation are
not adequate to meet the needs of the system. According to the
U.S. Department of Transportation's 2008 Status of the Nation's
Highways, Bridges, and Transit: Conditions and Performance
report, over the next 20 years, an additional:
$27 billion per year from all levels of
government is needed simply to sustain highway
conditions and performance;
$96 billion per year from all levels of
government is needed to make all cost-beneficial
highway improvements and to eliminate the backlog of
bridge deficiencies;
$15.1 billion per year in capital
investments from all levels of government are necessary
to maintain the current average transit asset
conditions and current transit vehicle occupancy
levels; and
$21.1 billion per year in capital investment
from all levels of government are necessary to improve
transit conditions and performance.
Compounding the state, local, and private sector funding
and financing shortfalls is the lack of a long-term
reauthorization of the Federal surface transportation programs.
This severely limits the ability of the Federal Government to
provide increased funding and innovative financing tools to
achieve the needed investments in the nation's surface
transportation systems. Addressing the Federal surface
transportation funding and financing challenges is critical,
and the hearing focused specifically on innovative financing
tools and programs that can assist in successfully delivering
highway and transit projects.
At the hearing, the Subcommittee received testimony from
witnesses that outlined past uses of innovative finance
techniques as well as proposed uses for the future that could
potentially assist in overcoming the substantial investment gap
facing the nation's infrastructure. Witnesses also testified
regarding several significant risks and unintended consequences
resulting from poorly structured innovative financing
agreements in the past and the impact that these types of
arrangements can have on the public benefit over the life of
the entire agreement.
Assessing the Implementation and Impacts of the Clean Truck Programs at
the Port of Los Angeles and the Port of Long Beach
On May 5, 2010, the Subcommittee held a hearing to receive
testimony on the clean truck programs at the Port of Los
Angeles and the Port of Long Beach. The Subcommittee heard from
the Deputy Executive Directors of the Port of Los Angeles and
the Port of Long Beach; affected parties at the ports including
a licensed motor carrier, an independent drayage driver, and
representatives of trucking associations; and labor and
environmental organizations.
The Ports of Los Angeles and Long Beach are located in the
South Coast Air Basin air district, as designated by the State
of California to monitor air quality pursuant to the
requirements of the Clean Air Act. This air district is
consistently rated as having some of the worst air quality in
the nation. Specifically, the South Coast Air Basin is
designated by the U.S. Environmental Protection Agency (EPA) as
a nonattainment area for National Ambient Air Quality Standards
for both ozone and particulate matter less than 2.5 microns (PM
2.5).
Diesel particulate matter has been found by the California
Air Resources Board (CARB) to pose significant health risks.
According to CARB assessments, each year in California, diesel
particulate matter contributes to 3,500 premature deaths, 250
cases of lung cancer, and thousands of hospital admissions and
lost workdays.
To address these environmental and public health concerns
and to allow the ports to continue to grow, in November 2006,
the Ports of Los Angeles and Long Beach adopted a plan,
entitled the ``San Pedro Bay Ports Clean Air Action Plan''
(Clean Air Action Plan), for reducing emissions of air
pollutants at the ports. The Plan's components are expected to
cut diesel particulate matter emissions from port-related
sources by 47 percent within five years. The Plan is also
expected to reduce emissions of nitrogen oxide by 45 percent,
and reduce emissions of sulfur oxide by 52 percent.
On October 1, 2008, as a component of the Clean Air Action
Plan, the Ports of Los Angeles and Long Beach each launched
clean truck programs. The goal of these programs is to reduce
the emissions of trucks servicing the ports by more than 80
percent below pre-program emissions levels by 2012. These
reductions are to be achieved through a phased-in ban of older,
polluting trucks that have not been retrofitted with emissions
control technologies.
Under the Clean Truck program at the Port of Los Angeles,
as of October 1, 2008, all trucks manufactured prior to 1989
are prohibited entry to the port. On January 1, 2010, the port
banned any trucks manufactured prior to 2003 that had not been
retrofitted, but granted a 120-day extension through April 30,
2010, for trucking companies or drivers who had a clean truck
on order. By January 1, 2012, any truck, regardless of age,
that is not in compliance with the 2007 Federal Environmental
Protection Agency emissions standards will be banned from the
port.
The Los Angeles Clean Truck program was designed to limit
access to the port to only those trucks and motor carriers
operating under concession agreements with the port. Under the
terms of the program as initially envisioned, licensed motor
carriers would have been required to meet safety and security
requirements and pay various fees, as well as register their
trucks with the port. The Port of Los Angeles, under its
program as initially developed, proposed to offer concession
agreements only to motor carriers whose drivers are direct
employees of the motor carrier, not independent contractors.
Since October 1, 2008, the Port of Long Beach has banned
the entry of trucks of model year 1988 and older as part of the
port's Clean Trucks program. Since January 1, 2010, trucks of
model year 1993 and older have been forbidden from serving the
Port of Long Beach, along with trucks from model years 1994
through 2003 that have not been retrofitted with emissions
control technology. Beginning January 1, 2012, any truck not
meeting the model year 2007 Federal emission standards will be
prohibited from serving the Port of Long Beach. The Long Beach
Clean Trucks program differs from the program developed by the
Port of Los Angeles in that the Long Beach program did not
propose to require a motor carrier to use employee drivers to
qualify for a concession agreement.
Both plans have faced legal challenges. The implementation
and legal issues regarding each plan were discussed at this
hearing, and the Subcommittee received testimony from a variety
of witnesses involved in the ports' plans to address the
environmental impacts of increased freight volume on the
communities surrounding the ports.
Using Practical Design and Context-Sensitive Solutions in Developing
Surface Transportation Projects
On June 10, 2010, the Subcommittee held a hearing to
receive testimony on the use of practical design and context-
sensitive solutions to develop highway and road projects. The
Subcommittee heard from the Federal Highway Administration
(FHWA), the Massachusetts Department of Transportation, the
Chair of the Clackamas County, Oregon Board of Commissioners, a
professor of civil engineering at the University of Kentucky;
and transportation consultants with engineering firms. This
hearing was part of the Subcommittee's effort to reauthorize
Federal surface transportation programs under SAFETEA-LU.
The Federal Government and state and local governments make
significant annual investments in highways and bridges. In
2006, all levels of government spent $161.1 billion on our
nation's highways. The safety and efficiency of travel along
these highways is directly impacted by the standards to which
they are designed and constructed.
According to FHWA, the context-sensitive solutions (CSS)
process is generally considered to be an approach to designing
and delivering projects that ``considers the total context
within which a transportation improvement project will exist.''
Traditionally, transportation design has placed principal
importance on vehicular throughput (i.e., moving traffic). The
CSS process emphasizes that transportation facilities should
fit their physical settings and preserve scenic, aesthetic,
historic, and environmental resources, while maintaining safety
and mobility.
Another innovative aspect of delivering highway projects is
practical design. While some consider practical design to be
similar to CSS, and practical design can be part of a context-
sensitive approach, practical design is more about planning and
designing projects to more effectively reach desired objectives
with cost-efficiency as a principal concern.Utilizing a
practical design approach focuses on ``right-sizing'' projects
to more appropriately reflect financial constraints, therefore
allowing the delivery of a greater number of transportation
projects.
Comprehensive Safety Analysis 2010: Understanding FMCSA's New System of
Motor Carrier Oversight
On June 23, 2010, the Subcommittee held a hearing to
receive testimony on the Federal Motor Carrier Safety
Administration's (FMCSA) new system to oversee motor carriers
and commercial motor vehicle drivers, known as the
Comprehensive Safety Analysis 2010 (CSA 2010). The Subcommittee
received testimony from the Administrator of FMCSA, as well as
representatives from trucking associations and the Commercial
Vehicle Safety Alliance (CVSA).
FMCSA utilizes several tools to target its monitoring and
enforcement activities over the motor carrier industry,
including roadside inspections and safety audits of ``new
entrants'', or carriers granted new authority to operate,
within the first 18 months of their operation. These
enforcement tools will remain in place after the implementation
of CSA 2010. However, changes will occur regarding the agency's
primary use of Compliance Reviews (CR) to assess the compliance
of motor carriers with safety and hazardous materials
regulations.
FMCSA cannot conduct CRs of all carriers due to resource
constraints; currently, on average the agency conducts a CR of
two percent of carriers annually. In 2009, of the 744,809 motor
carriers registered with the agency, FMCSA conducted reviews of
9,817 carriers. An additional 6,404 reviews were conducted by
State partners. The total of 16,221 CRs represents 2.18 percent
of the population regulated by the agency.
To improve motor carrier safety and to reduce the number of
crashes and fatalities involving large trucks and buses, in
2004, FMCSA began developing a new enforcement and compliance
model known as CSA 2010.
CSA 2010 is designed to allow FMCSA and its State partners
to have contact with a larger number of motor carriers than
under the current enforcement and monitoring system, to utilize
a broader set of data from roadside inspections, to generate
safety information on more carriers, and to identify and
correct safety deficiencies among a broader population of
carriers before they become a serious safety threat. Under CSA
2010, FMCSA plans to use a new Safety Measurement System (SMS)
to prioritize and target motor carriers for enforcement and
interventions.
FMCSA has conducted pilot tests of this model in nine
States, and plans full implementation of this model nationwide
by winter 2010. The agency plans to issue a Notice of Proposed
Rulemaking to change the way it determines the safety fitness
of a motor carrier in 2011.
The Subcommittee received testimony from the FMCSA
Administrator on the status of CSA 2010 implementation, as well
as testimony from industry associations regarding their views
on the new initiative. There was broad agreement among the
trucking industry and enforcement community witnesses that the
current model of motor carrier oversight needs to be changed to
increase effectiveness, to reach more carriers, and to improve
safety. However, several stakeholder groups expressed concerns
with certain elements of the proposed CSA 2010 model, including
States responsible for enforcement and implementation of the
program.
Utilization and Impacts of Automated Traffic Enforcement
On June 30, 2010, the Subcommittee held a hearing to
receive testimony on the utilization and impacts of automated
traffic enforcement techniques. The Subcommittee heard from
representatives from NHTSA, several local elected and law
enforcement officials, an insurance association, a road safety
advocacy association, and a motorist association.
Automated traffic enforcement refers to the use of
technology to monitor and enforce compliance with traffic
safety laws. Red-light cameras, which are activated when a
vehicle remains in an intersection for a set amount of time
after the light turns red, are the most prevalent form of
automated traffic enforcement. Speed cameras, which are
triggered when a passing vehicle exceeds the speed limit by a
predetermined amount, are becoming more common, although they
are still less prevalent than red-light cameras. According to
the Insurance Institute for Highway Safety, red-light cameras
have been implemented in approximately 482 communities across
the nation, and approximately 57 communities utilize speed
cameras.
As automated enforcement techniques have become more
prevalent, debates have arisen on a number of topics relating
to its use. Foremost among these debates is whether automated
enforcement systems are used primarily for safety improvements,
or if their primary purpose is to serve as revenue-generators.
Automated enforcement generates revenue for private-sector
photo enforcement vendors and public sector entities including
law enforcement and highway safety departments. Photo
enforcement systems often become controversial when the laws
regarding the length of a yellow-light are not adhered to, when
fines increase rapidly in a short period of time, or when photo
enforcement becomes primarily focused on raising revenue,
rather than improving safety and aiding law enforcement
efforts. The Subcommittee heard from witnesses who supported
and opposed these enforcement techniques.
Oversight of the Highway Bridge Program and the National Bridge
Inspection Program
On July 21, 2010, the Subcommittee held a hearing to
receive testimony regarding oversight by FHWA of the Federal
Highway Bridge Program (HBP) and the National Bridge Inspection
Program (NBIP). The Subcommittee heard testimony from the U.S.
Department of Transportation Office of Inspector General (DOT
IG), FHWA, GAO, and the American Association of State Highway
and Transportation Officials. This hearing was part of the
Subcommittee's effort to prepare for the reauthorization of
Federal surface transportation programs under SAFETEA-LU.
According to the latest published data compiled by FHWA, as
of December 2009, 149,647 of the nation's 603,245 public road
bridges (approximately 25 percent) were classified as
deficient, including 71,179 structurally deficient bridges and
78,468 functionally obsolete bridges. According to a September
2008 GAO report on the HBP, the number of deficient bridges
declined by nearly 12 percent from 1998 through 2007, even with
the addition of more than 16,000 new bridges to the National
Bridge Inventory.
After the collapse of the I-35W highway bridge in
Minneapolis, Minnesota, the DOT IG, at the request of the
Secretary of Transportation, conducted two evaluations of
FHWA's management of bridge safety and oversight of the Federal
HBP. Those evaluations, as well as a 2006 DOT IG audit,
collectively document deficiencies related to States' and
FHWA's management and oversight of various aspects of the NBIP
and HBP.
Overall, these evaluations have uncovered significant
examples of States' failure to properly load rate, post, or
close bridges as required by the National Bridge Inspection
Standards. The DOT IG also documented serious weaknesses in
Federal oversight, including decentralized and inconsistent
FHWA oversight and evaluation of state compliance with the NBIP
and widespread deficiencies in the quality of National Bridge
Inventory data. Furthermore, the DOT IG noted FHWA's current
inability to effectively identify and respond to national
bridge safety priorities, track effectiveness of HBP funding,
or strategically establish and evaluate progress against
national bridge priorities.
This hearing assessed the progress being made at the state
level to implement the DOT IG recommendations and improve
safety on the nation's extensive bridge inventory.
Summary of Activities for
the Subcommittee on Railroads, Pipelines, and
Hazardous Materials
During the 111th Congress, the Subcommittee on Railroads,
Pipelines, and Hazardous Materials, chaired by Representative
Corrine Brown, with Representative Bill Shuster serving as
Ranking Member, held 13 hearings, including one joint hearing
with the Subcommittee on Highways and Transit, and one Members'
roundtable, (111 witnesses and approximately 41 hours) covering
the breadth of issues within the jurisdiction of the
Subcommittee.
The Committee on Transportation and Infrastructure
developed major legislation, H.R. __, the ``Surface
Transportation Authorization Act of 2009'', to reauthorize
Federal surface transportation programs and provide $450
billion over six years for surface transportation programs and
$50 billion for development of high-speed rail. On June 24,
2009, the Subcommittee on Highways and Transit reported the
bill favorably to the Committee by voice vote. No further
action was taken on this legislation.
The Committee on Transportation and Infrastructure also
developed separate legislation to reauthorize the Pipeline and
Hazardous Materials Safety Administration's (PHMSA's) hazardous
materials safety program and establish safety measures designed
to ensure the safe transport of hazardous material in all modes
of transportation. On November 4, 2009, Chairman James L.
Oberstar introduced H.R. 4016, the ``Hazardous Material
Transportation Safety Act of 2009''. On November, 19, 2009, the
Committee ordered H.R. 4016, as amended, reported favorably to
the House by voice vote. No further action was taken on the
legislation.
The following resolutions were enacted in the 111th
Congress:
H. Res. 367, supporting the goals and ideals
of National Train Day,
H. Res. 484, expressing support for
designation of June 10th as ``National Pipeline Safety
Day'',
H. Res. 1278, in support and recognition of
National Safe Digging Month, April, 2010,
H. Res. 1301, supporting the goals and
ideals of National Train Day,
H. Res. 1366, recognizing and honoring the
freight railroad industry and its employees, and
H. Res. 1463, supporting the goals and
ideals of Railroad Retirement Day.
Bills that passed the House include:
H.R. 6008, the ``Corporate Liability and
Emergency Accident Notification Act''.
Public Laws and Resolutions
Supporting the Goals and Ideals of National Train Day
(H. Res. 367)
May 6, 2009
H. Res. 367 recognizes the House of Representatives'
support for National Train Day and the contribution that trains
make to the national transportation system. May 9, 2009 is
designated as National Train Day because it marked the 140th
anniversary of the ``golden spike'' being driven into the final
tie at Promontory Summit, Utah, to complete the first
transcontinental railroad.
Expressing Support for Designation of June 10th as ``National Pipeline
Safety Day''
(H. Res. 484)
June 9, 2009
H. Res. 484 expresses support for the designation of June
10th as ``National Pipeline Safety Day''; encourages State and
local governments, safety groups, industry, and other pipeline
stakeholders to promote pipeline safety; and urges individuals
across the nation to become more aware of the pipelines that
run through their communities, and to take appropriate safety
measures to prevent damage to underground pipelines.
Expressing Support for National Safe Digging Month
(H. Res. 1278)
May 5, 2010
H. Res. 1278 expresses support for the designation of April
2010 as National Safe Digging Month, and encourages all
homeowners and excavators to call 811 before conducting any
digging or excavation activities to prevent fatalities,
injuries, environmental damage, and loss of critical
infrastructure and services. According to the DOT's Pipeline
and Hazardous Materials Safety Administration, excavation
damage continues to be a leading cause of serious pipeline
incidents. More than 256,000 underground utility lines are
damaged during excavation each year in the United States; 37.5
percent of which are the result of not calling before digging.
Supporting the Goals and Ideals of National Train Day
(H. Res. 1301)
May 5, 2010
H. Res. 1301 recognizes the House of Representatives'
support for National Train Day and the contribution that trains
make to the national transportation system. May 8, 2010, is
designated by Amtrak as National Train Day because it marks the
141st anniversary of passenger rail service in the United
States and commemorates the day that the first transcontinental
railroad was created. On May 10, 1869, in Promontory Summit,
Utah, the golden spike was driven into the final tie that
joined 1,776 miles of the Central Pacific and Union Pacific
railways, transforming America by creating the nation's first
transcontinental railroad.
Recognizing and Honoring the Freight Railroad Industry and Its
Employees
(H. Res. 1366)
July 27, 2010
H. Res. 1366 recognizes and honors the freight railroad
industry and its employees; recognizes its important
contributions to the national transportation system; and
supports the efforts of the freight rail industry and its
employees to continue improving safety as our nation moves
forward with developing its infrastructure.
Freight railroads have a long and important history in the
United States. As early as 1827, freight railroads have aided
in the expansion and development of this nation, its
infrastructure and its economy. The first common-carrier
railroad in North America, the Baltimore ` Ohio (B`O) Railroad,
was chartered by the State of Maryland in 1827. The B`O
continued to operate until 1963, when the Chesapeake and Ohio
Railway took control of the railroad; today, it operates as
part of CSX Transportation. The B`O was preceded by a few other
freight railroads including the Granite Railway in
Massachusetts, which began operations in 1826, and the Mohawk `
Hudson Railroad in New York, which was created in 1826 and
began operations in 1831.
Since 1830, freight rail has been instrumental in bringing
American goods to markets both nationally and internationally.
Today, 43 percent of all intercity freight volume is moved by
freight rail. Over the past three decades, freight railroads
have nearly doubled the amount of cargo they ship with
virtually no increase in fuel consumption. Freight railroads
are one of the most fuel-efficient modes of transportation;
they are able to move one ton of freight 480 miles using only
one gallon of diesel fuel. One train can take 280 trucks off
the road, the equivalent of 1,100 automobiles.
Today, the freight rail industry is comprised of more than
560 railroad companies that operate on 140,000 miles of track
across the nation. Freight rail carries more than 2.2 billion
tons of freight annually. The freight rail industry employs
more than 183,000 people. Since 1980, the freight railroad
industry has reinvested $460 billion in revenue toward
equipment, maintenance, and rail expansion, which has supported
employment and economic activity throughout the United States.
For every dollar invested in freight rail capacity, the
national economy experiences $3 in economic output.
Supporting the Goals and Ideals of Railroad Retirement Day
(H. Res. 1463)
July 20, 2010
H. Res. 1463 supports the goals and ideals of Railroad
Retirement Day, as designated by the U.S. Railroad Retirement
Board; recognizes the important contributions that the rail
industry, rail workers, and railroad retirees make to the
national transportation system; and urges the people of the
United States to recognize Railroad Retirement Day (August 29,
2010) as an opportunity to celebrate the success and importance
of the railroad retirement system to America's working
families. By the beginning of its 75th year, in 2010, railroad
retirement benefits had been provided to two million retired
employees, 1.1 million spouses, and 2.4 million survivors.
Additional unemployment and sickness benefits have been paid to
railroad workers who were laid off or injured on the job.
Other Legislation
Surface Transportation Authorization Act of 2009
(H.R. __)
Subcommittee on Highways and Transit Reported Favorably to the
Committee on June 24, 2009
On June 24, 2009, the Subcommittee on Highways and Transit
met to mark up H.R. __, the ``Surface Transportation
Authorization Act of 2009''.
The Surface Transportation Authorization Act of 2009
authorizes the nation's highway, highway safety, and public
transportation programs. This legislation is designed to
replace the current authorization, the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA-LU) (P.L. 109-59), which expired on September
30, 2009.
In preparation for authorization of the surface
transportation programs, the Subcommittee on Highways and
Transit held more than 30 hearings and six Member briefings in
the 110th and 111th Congresses to examine various aspects of
the surface transportation networks or policies.
Prior to the Subcommittee markup, the bipartisan leadership
of the Committee on Transportation and Infrastructure released
a white paper, titled ``A Blueprint for Investment and
Reform'', outlining the new surface transportation
authorization bill.
The Surface Transportation Authorization Act of 2009
transforms the nation's surface transportation programs to
achieve specific national objectives: reducing fatalities and
serious injuries on highways; improving mobility and access in
metropolitan areas; upgrading the freight transportation
network; expanding the interconnectivity of communities;
providing transportation choices for commuters and travelers;
limiting the adverse effects of transportation on the
environment; and promoting modal choice, public health and the
livability of our communities.
The Surface Transportation Authorization Act of 2009 also
advances the Committee's and President Barack Obama's bold
vision for development of high-speed rail in the United States.
The Act provides $50 billion over six years to develop 11
authorized high-speed rail corridors linking major metropolitan
regions in the United States. To support this high-speed rail
initiative, the U.S. Department of Transportation (DOT), acting
in part through the National Infrastructure Bank, may provide
grants, loans, loan guarantees, lines of credit, private-
activity bonds, tax-credit bonds, and other financial tools to
States to invest in construction of these high-speed rail
corridors. This funding will not be provided from motor vehicle
fuel user fees of the Highway Trust Fund.
In addition to addressing high-speed rail, the Surface
Transportation Authorization Act of 2009 reauthorizes several
programs, including the Rail Line Relocation program and a
capital grant program for Class II and Class III railroads,
that provide funding for freight rail infrastructure
improvements that, combined with the high-speed rail
initiative, will help resolve some of our nation's economic,
energy, environmental, and transportation challenges.
The Surface Transportation Authorization Act of 2009 also
makes significant improvements to the Railroad Rehabilitation
and Improvement Financing loan program by authorizing the
Secretary of Transportation (Secretary) to reduce the interest
paid on direct loans provided to loan recipients; authorizing
the Secretary to allow recipients of direct loans and loan
guarantees to pay the credit risk premium over the life of the
loan; allowing recipients of direct loans and loan guarantees
to provide private insurance, including bond insurance, in lieu
of credit risk premiums; and requiring recipients of direct
loans and loan guarantees to comply with Buy America. In
addition, the bill increases transparency for Buy America
waivers provided to Amtrak; requires the Secretary to conduct a
study to determine the optimum separation requirements between
locomotives and hazardous material cars, and to develop
regulations based on the results of that study; directs the
Secretary to transmit a report on the conditions and
performance of the freight and intercity passenger rail system;
and makes technical corrections to the Rail Safety Improvement
Act of 2008 and the Passenger Rail Investment and Improvement
Act of 2008.
On June 24, 2009, the Subcommittee on Highways and Transit
reported the bill favorably to the Committee. No further action
was taken on this legislation.
Hazardous Material Transportation Safety Act of 2009
(H.R. 4016)
Ordered Reported Favorably to the House on November 19, 2010
H.R. 4016, the ``Hazardous Material Transportation Safety
Act of 2009'', reauthorizes PHMSA's Office of Hazardous
Materials Safety and establishes safety measures designed to
ensure the safe transport of hazardous material in all modes of
transportation and reduce the risks to life and property
inherent in the commercial transportation of hazardous
material. The authorization of PHMSA's hazardous material
safety program expired on September 30, 2008.
The bill authorizes $273 million over five years to provide
resources to enable PHMSA to increase hazardous material
safety, strengthen emergency response capabilities, and
increase enforcement of hazardous material laws and
regulations. The bill requires PHMSA to increase personnel by a
total of 84 full-time employees, including inspectors, by
fiscal year 2012. The authorization maintains the Hazardous
Materials Emergency Preparedness (HMEP) grant program at the
current level of $23.7 million but provides the Secretary with
the flexibility to use more of the available funding for
training. Funding for nonprofit organizations to conduct train-
the-trainer programs remains at $5 million.
The bill requires the Secretary of Transportation
(Secretary) to prescribe minimum standards for persons who
provide hazardous material transportation emergency response
information services. In addition, it enhances training for
emergency responders. The legislation requires the Secretary to
establish a national hazardous materials fusion center to serve
as a data and information network for emergency response
providers to enhance communication and safety.
The legislation requires the Administrator of PHMSA, in
coordination with the Administrator of the Federal Aviation
Administration (FAA), to issue regulations for the safe
transportation of lithium cells and batteries on board aircraft
no later than 24 months after the date of enactment of the
Hazardous Material Transportation Safety Act of 2009. In part,
the regulations, at a minimum, must: (1) require proper
identification of lithium cells and batteries as hazardous
material on packages and in shipping documents; (2) establish
requirements for testing and retesting lithium cells and
batteries that are, at a minimum, equivalent to the United
Nations testing regime; (3) limit the stowage of lithium cells
and batteries to crew-accessible locations, unless the
batteries or cells are transported in a fire-resistant
container or the aircraft contains a fire suppression system
capable of extinguishing or controlling a fire involving a
lithium cell or battery; and (4) require reporting of all
accidents and incidents involving lithium cells and batteries
that occur on board an aircraft, during loading or unloading
operations, or storage incidental to movement and require
retention of the failed cells or batteries for evaluation.
Consistent with the National Transportation Safety Board's
(NTSB) longstanding safety recommendation, H.R. 4106 prohibits
the transportation of Class 3 flammable liquid in the external
product piping of all cargo tank motor vehicles manufactured
two years after the date of enactment of the Act. The bill
mandates that all existing vehicles are prohibited from
transporting Class 3 flammable liquid in the external product
piping of cargo tank motor vehicles on or after December 31,
2025, and provides the Secretary with authority to grant a
public interest waiver. The prohibition does not apply to cargo
tank motor vehicles that employ alternative means to achieve an
equivalent level of safety.
This legislation maintains current law authorizing the
Secretary to issue special permits and approvals but requires
the Secretary to determine that the person is fit, willing, and
able to conduct the authorized activity prior to issuance of
any special permit or approval. Finally, H.R. 4016 directs the
Secretary to carry out a program to develop uniform forms and
procedures for States to register, and issue permits to persons
who transport, or cause to be transported, hazardous material
by motor vehicle.
On November, 19, 2009, the Committee ordered H.R. 4016, as
amended, reported favorably to the House. No further action was
taken on the legislation.
The ``Corporate Liability and Emergency Accident Notification Act''
(CLEAN Act)
(H.R. 6008)
Passed the House on September 28, 2010
H.R. 6008, the ``Corporate Liability and Emergency Accident
Notification Act'' (CLEAN Act), requires the owner or operator
of a pipeline facility to provide immediate telephonic notice
to the Secretary of the DOT and the National Response Center at
the earliest practicable moment following discovery of a
release of gas or hazardous liquid and no later than one hour
following the time of discovery. It further instructs the DOT
to issue guidance within 60 days of the date of enactment to
clarify the meaning of the term ``discovery'' as it relates to
the reporting requirement for a leak. The legislation increases
the maximum civil penalty per violation from $100,000 to
$250,000 and it increases the maximum civil penalty per
incident from $1 million to $2.5 million. The legislation also
expands the scope of civil penalties to include violations for
acts that obstruct or prevent the Secretary from carrying out
an inspection or investigation under this chapter. In addition,
the legislation requires the Secretary to maintain a database
by December 31, 2010, of all reportable incidents involving gas
or hazardous liquid pipelines on DOT's website to allow the
public to search the database for incidents by pipeline owner
or operator. Finally, this legislation ensures that the
budgetary effects of H.R. 6008 will be recorded, for purposes
of the statutory Pay-As-You-Go Act of 2010 (P.L. 111-139),
based on estimates of the Congressional Budget Office.
Hearings
During the 110th Congress, the Subcommittee on Railroads,
Pipelines, and Hazardous Materials held 13 hearings and one
Members' roundtable. Additionally, the Committee on
Transportation and Infrastructure held three hearings within
the Subcommittee's jurisdiction.
Freight and Passenger Rail: Present and Future Roles, Performance,
Benefits and Needs
On January 28, 2009, the Subcommittee held a hearing to
receive testimony on the roles of freight and passenger
railroads in the U.S. economy; the impact of the current
economic crisis on the railroad industry, its suppliers, and
employees; the benefits of freight and passenger rail; and
freight and passenger rail investment needs.
At the request of the National Surface Transportation
Policy and Revenue Study Commission, a railroad association
commissioned an assessment of the capacity of the nation's rail
system to accommodate the estimated increase in rail freight
traffic. The assessment, which was discussed at the hearing,
found the costs of improvements needed to accommodate rail
freight demand in 2035 is estimated at $148 billion (in 2007
dollars). The Class I freight railroads' share of this cost is
projected to be $135 billion and the short line and regional
freight railroads' share is projected to be $13 billion. Prior
the economic crisis, the Class I railroads anticipated that
they would be able to generate about $96 billion of their $135
billion share through increased earnings from revenue growth,
higher volumes, and productivity improvements, while continuing
to renew existing infrastructure and equipment, leaving a
balance for the Class I freight railroads of $39 billion or
about $1.4 billion annually to be funded from other sources.
Witnesses testified that, without this investment, 30 percent
of the rail miles in primary rail corridors (the preponderance
of rail freight traffic) will be operating above capacity by
2035, and another 25 percent will be operating near or at
capacity. The $96 billion, however, had assumed that the
railroads could continue increasing investments in capital
expansion. Due to the economic crisis, railroads are cutting
back on those investments; rail volumes are sliding
considerably; and rail employees are being laid off.
Witnesses also discussed the importance of investing in
passenger rail. The Passenger Rail Working Group for the
National Surface Transportation Policy and Revenue Study
Commission reported in 2007 that the total capital cost
estimate for re-establishing the national intercity passenger
rail network between now and 2050 was $357.2 billion (in 2007
dollars), for an annualized cost of $8.1 billion, about $5
billion of which the States would request annually from the
Federal Government. Witnesses focused on the benefits of
investing in passenger and freight rail.
Confronting Freight Challenges in Southern California
On February 20, 2009, the Subcommittee on Highways and
Transit and the Subcommittee on Railroads, Pipelines, and
Hazardous Materials held a joint field hearing in Los Angeles,
California, to receive testimony on the challenges facing the
Southern California region due to the movement of freight. The
Subcommittees heard testimony from the Executive Directors of
the Port of Long Beach and the Port of Los Angeles,
representatives from three local and regional governmental
organizations, a labor representative for workers at the ports,
trucking industry representatives and independent owners and
operators, as well as representatives from the two largest
railroad operators serving the ports.
The Subcommittees also discussed the ports' efforts to
reduce emissions from port-related activities, including from
trucks that provide drayage services at the ports.
Specifically, the hearing examined the ports' effort to invest
in infrastructure to increase efficiency and expand
transportation options for moving freight through the ports and
the region. The hearing also examined the ports' adoption of
the San Pedro Bay Ports Clean Air Action Plan, including the
Plan's ``Clean Trucks'' program.
The Ports of Los Angeles and Long Beach are adjacent port
facilities located on San Pedro Bay in Southern California.
Together, they constitute the fifth busiest port complex in the
world, moving some $260 billion in total trade, including
handling 14.33 million 20-foot containers (commonly referred to
as twenty-foot equivalent units or TEUs) in 2009. This
represented approximately 40 percent of all the containers
entering the United States.
Air pollution from international goods movement activities
at the ports is a major public health problem for the Southern
California area. The Southern California region has
consistently ranked as having the worst air quality and
congestion in the nation. California's transportation sector is
the leading source of greenhouse gas (GHG) emissions in the
state, contributing over 40 percent of the state's annual GHG
emissions.
To mitigate the growing congestion levels on the Southern
California roadways and environmental damages threatening local
health and safety, state, local and regional governments have
undertaken a number of policy and infrastructure initiatives.
These initiatives range from investments in expanded highway
and freight rail infrastructure capacity to innovative
initiatives to reduce emissions from port related vehicles. At
the hearing, the Subcommittees heard from several witnesses on
the steps taken to reduce congestion and the environmental and
societal impacts of freight movement, and the role that the
Federal Government can play in facilitating goods movement.
Railroad Rehabilitation and Improvement Financing Program
On April 22, 2009, the Subcommittee held a hearing to
receive testimony on the Railroad Rehabilitation and
Improvement Financing (RRIF) program. The hearing focused on
the importance of the RRIF program in helping States,
railroads, and shippers finance development of, and
improvements to, existing railroad infrastructure. In addition,
the hearing highlighted the problems RRIF applicants face in
obtaining RRIF loans and ways of improving the RRIF loan
program in the surface transportation reauthorization bill.
FRA officials testified that since the creation of the
program, the FRA has made 22 loans totaling $786.72 million.
Three of the loans (totaling $381 million) have been repaid in
full and there have been no defaults on RRIF loans. Some
railroad witnesses highlighted problems with the timing and
unpredictability of the program; one witness testified it took
more than 50 months to secure a RRIF loan from the FRA. The
hearing specifically addressed the value of the program and
ways to improve it. FRA officials testified that they were in
the process of recruiting staff to administer the program. In
addition, FRA officials testified that they had received a
significant increase in the number of inquiries about the
program in light of the economy and widespread problems in the
credit markets.
Reauthorization of the Department of Transportation's Hazardous
Materials Safety Program
On May 14, 2009, the Subcommittee held a hearing to receive
testimony on reauthorization of DOT's hazardous materials
safety program. The program was last reauthorized in SAFETEA-
LU. The authorization for DOT's hazardous materials safety
program expired on September 30, 2008. The purpose of the
hearing was to review implementation of the SAFETEA-LU
amendments and prepare for reauthorization of the program.
Witnesses focused on ways to strengthen the safety of
transporting hazardous materials, including providing for
increased training for fire personnel, maintaining the shared
jurisdiction of DOT and the Department of Labor in protecting
the safety and health of hazardous materials employees, and
establishing standards for ensuring the safe transport of
flammable liquid, such as gasoline, by tank truck.
Gasoline and diesel fuel can be transported in external
pipes, or wet lines, situated below cargo tanks on tanker
trucks. Wet lines are designed to break away at the connection
point to the tank to prevent the loss of the entire contents of
the tank. The Chairman of the National Transportation Safety
Board (NTSB) testified at the hearing that if a wet line is
full of gasoline or diesel when the breakaway occurs, it can
release as much as 50 gallons of product, presenting a
significant fire hazard. The NTSB Chairman testified that this
safety hazard should be addressed in the legislation.
At the hearing, PHMSA also unveiled a plan, developed
jointly with the FAA, to adopt additional safety standards for
transporting lithium cells and batteries on board passenger and
cargo aircraft, including requiring that all lithium cells and
batteries be designated as hazardous material, triggering
packaging, notification, and marking requirements.
The NTSB testified that the PHMSA-FAA plan, as drafted,
would address many of the NTSB's safety concerns with respect
to transporting lithium cells and batteries on board aircraft.
Expanding Passenger Rail Service
On June 22, 2009, the Subcommittee held a field hearing in
Pittsburgh, Pennsylvania, to receive testimony on the need for
expanding passenger rail service across the nation and the
benefits of expansion.
Witnesses testified that our nation's transportation system
is near capacity, with gridlock on our highways and in our
airspace. In 2006, there were more than three trillion vehicle
miles traveled, five times the level in 1955. This figure is
roughly double the nation's total mileage traveled in 1980, and
more than four times the total mileage traveled in 1957, the
interstate's first year.
According to the Texas Transportation Institute's 2007
Urban Mobility Report, the wasted fuel and time resulting from
this congestion has translated into a total congestion cost of
$78.2 billion in 2005--$5.1 billion higher than in 2004. The
report also found that congestion causes the average peak-
period traveler to spend an extra 38 hours of travel time, 26
gallons of fuel, and amounts to a cost of $710 per traveler.
Our nation's airways fared no better. Despite record
passenger loadings of 765.3 million domestic and international
passengers in 2007, delays in the nation's aviation system
delivered a staggering blow to the economy, costing passengers,
airlines and related businesses $41 billion, according to a
congressional study. In fiscal year 2008, U.S. airlines
continued to meet demand, carrying 757.4 million passengers,
but the impact of unprecedented fuel prices and a recession
caused airlines to cutback capacity through reductions and
elimination of routes leaving consumers to vie for fewer
choices and capacity.
The DOT witness testified that the resulting increase in
congestion is ``chronic''. All of the witnesses testified that
moving passengers to railways can have an immediate impact on
highways and airways, alleviating congestion, and reducing the
use of and pollutants from fossil fuels.
Amtrak has five intercity rail routes in Pennsylvania, and
the state has higher-than-average passenger rail ridership.
However, only one route, the Pennsylvanian, provides service
west of Harrisburg. At the hearing witnesses testified that
there was a significant need for more passenger rail service in
Western Pennsylvania.
High-Speed Rail in the United States: Opportunities and Challenges
On October 14, 2009, the Subcommittee held a hearing to
receive testimony on the opportunities and challenges of
developing high-speed rail in the United States. Witnesses
focused on the need to increase Federal investment in rail and
pointed to the discrepancy in historical Federal investment
between highways, aviation, and intercity passenger rail as a
major problem. Between 1958 and 2008, nearly $1.3 trillion has
been invested in our nation's highways and more than $473
billion in the nation's aviation system. Federal investment in
passenger rail began in 1971 with the creation of the National
Railroad Passenger Corporation (Amtrak). Between 1971 and 2008,
only $53 billion has been invested in passenger rail.
Reauthorization of the Department of Transportation's Hazardous
Materials Safety Program
On November 16, 2009, the Subcommittee held a field hearing
in Baltimore, Maryland, to receive testimony on reauthorization
of DOT's hazardous materials safety program. The hearing also
focused on issues addressed in H.R. 4016, the ``Hazardous
Material Transportation Safety Act of 2009'', particularly
provisions of the bill addressing wet lines and lithium
batteries.
Gasoline and diesel fuel can be transported in external
pipes, or wet lines, situated below cargo tanks on tanker
trucks. Wet lines are designed to break away at the connection
point to the tank to prevent the loss of the entire contents of
the tank. According to the NTSB, if a wet line is full of
gasoline or diesel fuel when the breakaway occurs, it can
release as much as 50 gallons of product, presenting a
significant fire hazard.
Section 202 of H.R. 4016 prohibits the transportation of
Class 3 flammable liquid, such as gasoline, in the external
product piping (``wet lines'') of all cargo tank motor vehicles
manufactured two years after the date of enactment. All
existing vehicles are prohibited from transporting Class 3
flammable liquid in the external product pipeline of cargo tank
motor vehicles on or after December 31, 2025. NTSB and DOT
officials and a labor representative testified in support of
Section 202. Witnesses representing the tank truck industry
opposed the provision.
Section 201 of the bill requires DOT to issue regulations
for the safe transportation of lithium cells and batteries on
board aircraft. The regulations, at a minimum, must: (1)
require proper identification of lithium cells and batteries as
hazardous material on packages and in shipping documents; (2)
establish requirements for testing and retesting lithium cells
and batteries; (3) provide for an appropriate marking that
indicates compliance with testing requirements; (4) adopt a
watt-hours requirement for easily understandable hazard levels;
(5) establish limits on the number of packages that may be
transported in a unit load device, pallet, or crew-accessible
locations, unless the batteries or cells are transported in a
fire-resistant container or the aircraft is equipped with
appropriate fire-suppression systems; and (8) requires
reporting of all accidents and incidents involving lithium
cells and batteries. The section provides exceptions for small
quantities of batteries that are shipped on board aircraft for
the personal use of the receiver of the shipment, and maintains
the exceptions in current regulations for passengers,
crewmembers, and air operators. The legislation mirrored the
joint PHMSA-FAA plan to adopt additional safety standards for
transporting lithium cells and batteries on board passenger and
cargo aircraft, which was unveiled at the Subcommittee's May
14, 2009 hearing. NTSB and DOT officials and representatives of
labor organizations testified in support of Section 202. A
witness representing U.S. air carriers testified in opposition
to the provision.
High-Speed Rail Grants Awarded Under the Recovery Act
On April 20, 2010, the Subcommittee held a field hearing in
Chicago, Illinois, on the high-speed intercity passenger rail
(HSIPR) grants awarded under the American Recovery and
Reinvestment Act of 2009 (Recovery Act) (P.L. 111-5). On
January 28, 2010, President Barack Obama announced the awards
for the $8 billion provided under the Recovery Act for HSIPR
projects across the United States.
The awards covered 13 large-scale high-speed rail corridors
across the country. The major corridors are part of a total of
31 states receiving investments, including smaller projects and
planning work that will help lay the groundwork for future
HSIPR service. In the West, seven projects received a total of
$2.94 billion. In the Midwest, nine projects received a total
of $2.62 billion. In the Northeast, eight projects received a
total of $485 million. In the Southeast, five projects received
a total of $1.88 billion. Only two states requested funding for
high-speed rail express service or emerging high-speed rail;
both projects were funded. Florida was awarded $1.25 billion
for a new high-speed rail corridor between Tampa and Orlando
with trains running up to 168 miles per hour. California was
awarded $2.25 billion for its planned project to connect Los
Angeles to San Francisco and points in between with trains
running up to 220 miles per hour.
The hearing focused on the need for increased investment in
passenger and high-speed rail and State plans for improving
high-speed rail service with the Recovery Act grants. The
hearing also focused on the selection process that the FRA used
to make the awards. FRA officials testified in detail about
their selection process, including how they established a
review panel to ensure consistency in their decisions. Further,
FRA officials defended their selections as meeting the intent
of both the Passenger Rail Investment and Improvement Act and
the American Recovery and Reinvestment Act by selecting both
high-speed projects as well as those designed to improve speeds
and service on intercity passenger rail routes, such as in the
Midwest corridor.
Intermodal High-Speed Rail Connections
On May 3, 2010, the Subcommittee held a field hearing in
Miami, Florida, to receive testimony on intermodal high-speed
rail connections. This hearing followed up on the April 20,
2010 hearing on high-speed intercity passenger rail grants
awarded under the Recovery Act and focused on how investments
in passenger rail service can create an intermodal
transportation network.
The hearing focused on Florida as an example of a state's
efforts to create a comprehensive intermodal transportation
network and the benefits that can potentially be derived from
such a network. Alternatively, it also highlighted weak links
in a system when the network is planned by mode or facility and
not with connections between modes, airports, and seaports.
Witnesses from the Orlando International and Miami
International airports highlighted the benefits that high-speed
rail connectivity will bring to the state. In addition,
testimony from the cruise lines, commuter railroads, and Amtrak
supported the idea of interconnectivity as the high-speed rail
corridor is developed. The hearing was also designed to
highlight the importance of a provision of H.R. __ the
``Surface Transportation Authorization Act of 2009'', that
establishes an Office of Intermodalism within DOT that would be
tasked with creating a national strategic transportation plan.
Implementation of the Pipeline Inspection, Protection, Enforcement and
Safety Act of 2006 and Reauthorization of the Pipeline Safety Program
On May 20, 2010, the Subcommittee held a hearing to receive
testimony on the efforts of PHMSA to implement the Pipeline
Inspection, Protection, Enforcement and Safety Act of 2006
(P.L. 109-468) in preparation for reauthorization of the
pipeline safety program, which expired on September 30, 2010.
The hearing focused on the substantial progress PHMSA had made
in implementing the law and suggestions for items to include in
a reauthorization bill.
The Safety of Hazardous Liquid Pipelines: Regulated vs. Unregulated
Pipelines
On June 29, 2010, the Subcommittee held a hearing to
receive testimony on the regulation of pipelines, exemptions
from regulation, and any gaps that exist in the current statute
or regulations.
PHMSA has jurisdiction over the safety of the nation's
pipeline system. However, PHMSA authorizes certain states to
conduct oversight of intrastate and interstate pipelines in
lieu of Federal oversight. When this occurs, the states must
certify annually to the Secretary that they have adopted, or
are in the process of adopting, the Federal standards; are
enforcing the standards; and are encouraging and promoting the
establishment of damage prevention programs. PHMSA testified
that 17 states are certified to inspect intrastate hazardous
liquid pipelines and six states are authorized to conduct
inspections for interstate hazardous liquid pipelines.
At the hearing, witnesses discussed the significant number
of pipelines that are exempt from PHMSA's safety regulations
(e.g., certain gathering lines and flow lines). Numerous safety
and environmental groups have requested that PHMSA review these
exemptions. The hearing also addressed concerns with PHMSA's
Notice of Proposed Rulemaking (NPRM) issued on June 23, 2010,
to regulate low-stress pipelines. NTSB officials testified that
they were concerned with certain aspects of PHMSA's pipeline
safety program including regulation of low-stress pipeline
systems and underscored the importance of effective oversight
by pipeline operators and PHMSA to ensure success of the
pipeline safety program.
The Safety of Hazardous Liquid Pipelines (Part 2): Integrity Management
On July 15, 2010, the Subcommittee held a hearing on
pipeline operators' management of the safety of hazardous
liquid pipelines, known as integrity management. Federal
regulations require pipeline operators to continually evaluate
the potential consequences of failure of their pipeline
segments that could affect a high consequence area (HCA), and
set priorities for inspecting, operating, and maintaining the
pipeline based on whether people, property, or the environment
might be at risk should a pipeline failure occur. According to
PHMSA, pipeline segments that could affect an HCA represent
about 44 percent of the total hazardous liquid pipeline mileage
in the United States.
Witnesses testified that pipeline operators should conduct
such integrity management assessments on pipelines outside of
HCAs and that PHMSA should require more comprehensive
information from pipeline operators on what defects were
identified, the cause of those defects, and the repairs that
were made in order to get a better understanding of the
condition of our nation's pipeline infrastructure. The hearing
also focused on recent failures at Alyeska and potential
problems with recent management decisions which may impact
Alyeska's integrity management programs.
Pipeline Safety Public Awareness and Education
On July 18, 2010, the Subcommittee held a hearing on the
public awareness and education programs of pipeline operators.
The Pipeline Safety Improvement Act of 2002 (P.L. 107-355)
requires each owner or operator of a gas or hazardous liquid
pipeline facility to carry out a continuing program to educate
the public on possible hazards associated with unintentional
releases from a pipeline facility, the physical indications
that such a release may have occurred, what steps should be
taken for public safety in the event of a pipeline release, and
how to report such an event. The program also must educate the
public on the use of a one-call notification system prior to
excavation and other damage prevention activities.
Witnesses testified on potential improvements to existing
public awareness and education programs, including evaluation
of pipeline programs by Federal regulators, pipeline operators'
self-evaluation of the effectiveness of their public education
programs, the needs to increase technical assistance grants to
communities and improve the national pipeline mapping system,
and to make available free of charge industry-developed
standards that are referenced in pipeline safety regulations to
enable local communities to understand Federal requirements.
The Subcommittee also held a Members' roundtable discussion
on high-speed rail and opportunities for creating a domestic
manufacturing base for developing high-speed and intercity
passenger rail and creating jobs in the United States.
Summary of Activities for
the Subcommittee on Water Resources and Environment
During the 111th Congress, the Subcommittee on Water
Resources and Environment, chaired by Representative Eddie
Bernice Johnson, with Representative John Boozman serving as
Ranking Member, held 20 hearings (136 witnesses and
approximately 47 hours) and two Members' roundtables, covering
the breadth of issues within the jurisdiction of the
Subcommittee.
The Committee on Transportation and Infrastructure
developed major legislation, H.R. 1262, the ``Water Quality
Investment Act of 2009'', to reauthorize increased
appropriations for the Clean Water State Revolving Fund (Clean
Water SRF), the principal Federal program for the construction
of wastewater infrastructure, to provide communities with
increased flexibility in the use and repayment of Clean Water
SRF funding to allow communities to meet ever growing local
water quality needs, and to restore the application of
prevailing wage requirements to the program. H.R. 1262 also
reauthorizes funding for the U.S. Environmental Protection
Agency's (EPA) combined and sanitary sewer overflow grant
program and alternative water source program, reauthorizes
increased appropriations for the EPA's Great Lakes Legacy Act,
and authorizes a sewer overflow right-to-know program that
requires sewer owners to provide notice to communities in the
event of a sewer overflow. On March 12, 2009, the House passed
H.R. 1262.
In addition, the Committee developed legislation, contained
in Title VII of H.R. 3534, the ``Oil Spill Accountability and
Environmental Protection Act of 2010'', to make several
critical reforms to the Federal Water Pollution Control Act
(Clean Water Act) and the Oil Pollution Act of 1990 in response
to the Deepwater Horizon oil spill disaster. First, this
legislation increases the limitations of liability for offshore
facilities, such as the Deepwater Horizon, and vessels as well
as the level of financial responsibility or insurance coverage
(through a certificate of financial responsibility or COFR) to
more appropriately address the potential impacts of a release
of oil or hazardous substances. In addition, Title VII of H.R.
3534 requires the owners or operators of facilities and vessels
to have adequate oil spill response plans, and requires
additional transparency, inspection, and enforcement of such
response plans to limit the potential impacts of a release. The
legislation also amends the process for review and approval of
oil spill dispersants, chemicals, or other spill mitigating
devices to require additional transparency and testing on the
toxicity, effectiveness, and potential human health or
environmental impacts of such products before they can be
listed for use in response to an oil spill. Finally, the
legislation repeals the Clean Water Act exemption from the
stormwater permitting requirement for construction of oil and
gas exploration and production sites. On July 30, 2010, the
House passed H.R. 3534.
The Committee also developed legislation, contained in
Title III of H.R. 2868, the ``Wastewater Treatment Works
Security Act of 2009'', to enhance the security and safety of
the nation's wastewater treatment facilities. Title III of H.R.
2868 ensures that all large- and medium-sized wastewater
treatment facilities (e.g., facilities that treat at least 2.5
million gallons of sewage per day) perform a nationally-
consistent, threshold security assessment, and take proactive
steps to reduce their overall vulnerability. For those
facilities that possess sufficient quantities of potentially-
dangerous chemicals, this legislation requires an assessment of
whether ``inherently safer technologies'' can be implemented to
reduce the overall risk posed by the facility, while enabling
the facility to continue meeting its water quality obligations
under the Clean Water Act. Finally, Title III of H.R. 2868
authorizes appropriations for grants to publicly owned
treatment works to carry out vulnerability assessments, site
security and emergency response plans, and to implement
measures to improve the overall security of the wastewater
treatment facilities, as well as provide emergency response
training to first responders and firefighters who may be called
upon in the event of a terrorist act. On November 6, 2009, the
House passed H.R. 2868.
Finally, the Committee developed several bills to modify
existing Clean Water Act authorities to enhance Federal, state,
and local efforts to improve water quality and environment, to
strengthen the protection of public health, and to provide
additional Federal resources for and accountability in
restoring and maintaining the nation's water-related resources.
H.R. 2093, the ``Clean Coastal Environmental and Public Health
Act of 2009'', provides additional resources to state and local
governments for the monitoring and assessment of coastal
recreational waters, and requires that communities adopt a
rapid-testing methodology for testing coastal water quality to
ensure that the public is provided immediate notification of
potential threats to human health from contaminated
recreational waters. On July 29, 2009, the House passed H.R.
2093. H.R. 4715, the ``National Estuaries Program
Reauthorization Act of 2010'', reauthorizes increased funding
for the Environmental Protection Agency's National Estuary
Program (``NEP''), as well as requires increased accountability
of Federal resources used for the restoration of the nation's
estuarine areas. On April 15, 2010, the House passed H.R. 4715.
The following bills and resolutions were enacted in the
111th Congress:
Public Law 111-__, to amend the Federal
Water Pollution Control Act to clarify Federal
responsibility for stormwater pollution,
Public Law 111-215, to modify the date on
which the Administrator of the Environmental Protection
Agency and applicable States may require permits for
discharges from certain vessels,
Public Law 111-315, to amend the Water
Resources and Development Act of 2000 to extend and
modify the program allowing the Secretary of the Army
to accept and expend funds contributed by non-Federal
public entities to expedite the evaluation of permits,
and for other purposes,
Public Law 111-120, to extend through
December 31, 2010, the authority of the Secretary of
the Army to accept and expend funds contributed by non-
Federal public entities to expedite the processing of
permits,
H. Res. 465, recognizing the Atlantic
Intracoastal Waterway Association on the occasion of
its 10th anniversary, and for other purposes,
H. Res. 1639, recognizing the contributions
of the National Waterways Conference on the occasion of
its 50th anniversary, and for other purposes, and
10 U.S. Army Corps of Engineers Survey
resolutions.
Other bills that passed the House include:
H.R. 1262, the ``Water Quality Investment
Act of 2009'',
H.R. 2868, Title III, the ``Wastewater
Treatment Works Security Act of 2009''
H.R. 2093, the ``Clean Coastal Environmental
and Public Health Act of 2009'',
H.R. 4715, the ``National Estuaries Program
Reauthorization Act of 2010'',
H.R. 3650, the ``Harmful Algal Blooms and
Hypoxia Research and Control Amendments of 2009'',
H.R. 5282, to provide funds to the Army
Corps of Engineers to hire veterans and members of the
Armed Forces to assist the Corps with curation and
historic preservation activities, and for other
purposes,
H.R. 1053, the ``Chesapeake Bay
Accountability and Recovery Act of 2009'',
H.R. 5545, to deauthorize a portion of the
project for navigation, Potomac River, Washington,
Channel, District of Columbia, under the jurisdiction
of the Corps of Engineers, and
H.R. 1854, to amend the Water Resources
Development Act of 1992 to modify and environmental
infrastructure project for Big Bear Lake, California.
Public Laws and Resolutions
To Amend the Federal Water Pollution Control Act To Clarify Federal
Responsibility for Stormwater Pollution
Public Law 111- __
(S. 3481)
January 2011
This legislation amends section 313 of the Federal Water
Pollution Control Act (Clean Water Act) to clarify that
reasonable service charges for addressing pollution from
Federal facilities include reasonable and nondiscriminatory
fees, charges, or assessments that are based on the proportion
of stormwater emanating from the facility and used to pay (or
reimburse) costs associated with any stormwater management
program.
To Modify the Date on Which the Administrator of the Environmental
Protection Agency and Applicable States May Require Permits for
Discharges From Certain Vessels
Public Law 111-215
(S. 3372)
(See also H.R. 5301)
July 30, 2010
This law extends the period during which the Administrator
of the Environmental Protection Agency (EPA) and States are
prohibited from requiring a permit under section 402 of the
Clean Water Act for discharges that are incidental to the
normal operation of certain commercial vessels. In July 2008,
Congress enacted P.L. 110-299, a two-year moratorium of
requirements that an owner or an operator of a fishing vessel
or a vessel less than 79 feet in length must obtain a Clean
Water Act permit for discharges incidental to the normal
operation of such vessel. P.L. 110-299 also required that the
EPA and the United States Coast Guard jointly conduct a study
on the impacts of such discharges on water quality. The results
of this study would guide the EPA in developing a permitting
program for these discharges. The two-year moratorium expired
on July 31, 2010. While initial study results showed that the
effects of such discharges are not benign, EPA was continuing
to evaluate the results of the study, and was not in a position
to develop and issue guidelines to properly address such
discharges. S. 3372 extends the permitting moratorium through
December 18, 2013.
To Amend the Water Resources Development Act of 2000 To Extend and
Modify the Program Allowing the Secretary of the Army To Accept and
Expend Funds Contributed by Non-Federal Public Entities To Expedite the
Evaluation of Permits, and for Other Purposes
Public Law 111-315
(H.R. 6184)
December 18, 2010
The law amends section 214 of the Water Resources
Development Act of 2000 to extend the authority of the
Secretary of the Army to accept funds from non-Federal public
entities for the consideration of permits under the Clean Water
Act and the Rivers and Harbors Appropriation Act of 1899
through December 31, 2016. This authority was set to expire on
December 31, 2010.
In addition, this law amends the permit review authority of
section 214 to reduce the potential ``conflict of interests''
inherent in the program by: (1) clarifying that the authority
can only be used by a public entity to review permits related
to projects or activities for a public purpose; (2) requiring a
formal, higher-order review of permits considered under this
authority; and (3) ensuring that information on individual
permits reviewed under the 214 authority be made publicly
available, including on the Internet.
To Extend Through December 31, 2010, the Authority of the Secretary of
the Army To Accept and Expend Funds Contributed by Non-Federal Public
Entities To Expedite the Processing of Permits
Public Law 111-120
(H.R. 4165)
December 22, 2009
This law extends through December 31, 2010, the authority
of the Secretary of the Army to accept funds from non-Federal
public entities for the consideration of permits under the
Federal Water Pollution Control Act (Clean Water Act) and the
Rivers and Harbor Act of 1899. This authority, enacted as
section 214 of the Water Resources Development Act of 2000, was
set to expire on December 31, 2009.
Recognizing the Atlantic Intracoastal Waterway Association on the
Occasion of its 10th Anniversary, and for Other Purposes
(H. Res. 465)
October 14, 2009
H. Res. 465 recognizes the importance of the Atlantic
Intracoastal Waterway and commends the Atlantic Intracoastal
Waterway Association on the occasion of its 10th anniversary.
Recognizing the Contributions of the National Waterways Conference on
the Occasion of Its 50th Anniversary, and for Other Purposes
H. Res. 1639)
September 28, 2010
H. Res. 1639 recognizes the value of the U.S. Army Corps of
Engineers and its civil works mission to the economic
prosperity and sustainable environmental health of the nation;
recognizes the contributions of the National Waterways
Conference on the formulation of the nation's water resources-
related policies and programs for the Corps' civil works
mission and its advocacy for continued and increased investment
in meeting the water resources needs of the nation; and
commends the National Waterways Conference on the occasion of
its 50th anniversary.
Other Legislation
The Water Resources Development Act of 2010
(H.R. 5892)
Reported Favorably to the House on September 29, 2010
H.R. 5892, as amended, includes project authorizations,
modifications, deauthorizations, studies, and policy
initiatives for the Army Corps of Engineers' (Corps) Civil
Works Program--the nation's largest water resources program.
The bill authorizes and directs the Corps to carry out various
studies, projects, and programmatic authorities relating to
navigation, flood damage reduction, shoreline protection, water
supply, recreation, environmental restoration and protection,
and other water-related activities.
H.R. 5892 also includes important policy provisions that
address concerns with the Corps' existing study, design,
review, and mitigation processes, including implementation of
provisions enacted as part of the Water Resources Development
Act of 2007. This legislation includes technical changes to the
Corps' programmatic authorities, including: clarifying the
intent of Congress related to the Corps' crediting authority;
increasing the transparency of independent reviews; and
improving the effectiveness of mitigation that addresses
impacts from Corps' projects on the natural environment.
Finally, H.R. 5892, creates a mechanism for increased
expenditures from the Harbor Maintenance Trust Fund to ensure
that annual revenues collected are utilized to meet the
Nation's navigation maintenance dredging needs; authorizes the
Corps to work with local communities in the assessment and
evaluation of local flood control structures, including levees;
and directs the Corps to provide additional information to
Congress on the estimated costs of recommended projects.
Water Quality Investment Act of 2009
(H.R. 1262)
Passed the House on March 12, 2009
H.R. 1262, the ``Water Quality Investment Act of 2009'',
amends the Federal Water Pollution Control Act to reauthorize
appropriations for capitalization grants to States for state
water pollution control revolving funds; to reauthorize
appropriations for the EPA to provide grants for alternative
water source projects to meet critical water supply needs; to
reauthorize appropriations for grants to municipalities and
States to control combined sewer overflows and sanitary sewer
overflows; to provide a uniform, national standard for
monitoring, reporting, and public notification of municipal
combined sewer overflows and sanitary sewer overflows; and to
reauthorize and increase appropriations for projects to
remediate contaminated sediment in the Great Lakes areas of
concern. H.R. 1262 also restores the application of prevailing
wage requirements (Davis-Bacon), and requires all construction
projects utilizing clean water state revolving funds to pay
contractors the prevailing local wage, as determined by the
Department of Labor.
Wastewater Treatment Works Security Act of 2009
(H.R. 2868, Title III)
(See also H.R. 2883)
Passed the House on November 6, 2009
The ``Wastewater Treatment Works Security Act of 2009'',
which is Title III of H.R. 2868, the ``Chemical and Water
Security Act of 2009'', amends the Federal Water Pollution
Control Act to enhance the security of operations at wastewater
treatment works (i.e., sewage treatment facilities) from
intentional acts that may substantially disrupt the ability of
the facility to safely and reliably operate, or that may have a
substantial adverse impact on critical infrastructure, public
health or safety, or the environment. This legislation
authorizes $1 billion over five years in Federal resources to
enhance the security of public sewage treatment facilities, and
requires development of risk-based vulnerability assessments,
site security plans, and emergency response plans for treatment
works that treat at least 2.5 million gallons per day
(estimated by EPA to be a facility that serves a population of
25,000 or greater). For certain high-risk wastewater treatment
facilities, H.R. 2868 also requires the assessment and
implementation of methods to reduce the consequence of a
chemical release from an intentional act (i.e., inherently
safer technologies).
Clean Coastal Environment and Public Health Act of 2009
(H.R. 2093)
Passed the House on July 29, 2009
H.R. 2093, the ``Clean Coastal Environment and Public
Health Act of 2009'', amends the Federal Water Pollution
Control Act to reauthorize appropriations for the Beaches
Environmental Assessment and Coastal Health Act (BEACH Act)
through FY 2014; to codify a definitive timeline for the
development, testing, and utilization of rapid testing methods
for detecting the contamination of coastal recreation waters;
to establish a non-discretionary duty for the Administrator of
the EPA to continuously review and revise rapid testing methods
where such methods make accurate water quality sampling results
available in less time (with a goal of two hour testing by
2017); and to make programmatic changes to State and local
coastal recreation water quality monitoring and notification
programs.
Clean Estuaries Act of 2010
(H.R. 4715)
(See also H.R. 5301)
Passed the House on April 15, 2010
H.R. 4715, the ``Clean Estuaries Act of 2010'', amends
section 320 of the Federal Water Pollution Control Act to
reauthorize appropriations for the National Estuary Program
through FY 2016, and makes programmatic changes. The
legislation provides a framework for the grant funding of
estuary programs to protect and restore estuarine resources.
H.R. 4715 requires that estuary programs funded through the
program adopt new accountability requirements, as well as
provides for new requirements that must be addressed by each
program's comprehensive conservation and management plan. The
legislation also includes additional requirements for the
periodic review and approval of each program and management
plan by the EPA. H.R. 4715 also requires increased federal
agency coordination, pursuant to the goals of approved estuary
management plans. The legislation increases the authorization
of appropriations to $50 million per year, for FY 2011 through
FY 2016, and also requires that each approved estuary program
receives grants of no less than $1.25 million per year.
On July 20, 2010, the House passed H.R. 5301, which
incorporated H.R. 4715 as Title II of the bill.
Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of
2010
(H.R. 3650)
Passed the House on March, 12 2010
H.R. 3650, the ``Harmful Algal Blooms and Hypoxia Research
and Control Amendments Act of 2010,'' amends the Harmful Algal
Blooms and Hypoxia Research and Control Act of 1998 (P.L. 105-
383.). The legislation establishes a Harmful Algal Blooms and
Hypoxia Research Program (the Program) to develop and
coordinate a comprehensive and integrated strategy to address
harmful algal blooms and hypoxia in marine and freshwater
bodies. The Program would be established by the National
Oceanic and Atmospheric Administration (NOAA), and carried out
through the existing Inter-Agency Task Force on Harmful Algal
Blooms and Hypoxia (established by section 603 of P.L. 105-
383). This Program also provides for the development and
implementation of regional action plans to reduce the incidence
of harmful algal blooms and hypoxia. Each of these plans would
include regional research priorities, methods for reducing the
intensity of hypoxia and harmful algal blooms, and the roles
that Federal agencies should play in implementing the plans,
among other elements. NOAA and the EPA would jointly carry out
the duties of the freshwater elements of the Program. H.R. 3650
authorizes appropriations of $41 million for each of FYs 2011
through FY 2015, including $7 million annually for the
activities of the EPA.
To Provide Funds to the Army Corps of Engineers To Hire Veterans and
Members of the Armed Forces To Assist the Corps With Curation and
Historic Preservation Activities, and for Other Purposes
(H.R. 5282)
Passed the House on September 15, 2010
H.R. 5282 authorizes the Army Corps of Engineers' (Corps)
Veterans Curation Program, and allows the Corps to hire
veterans and members of the Armed Forces to assist the Corps
with curation and historic preservation activities. Curation is
defined as the long-term, professional management and care of
all objects, materials, and records recovered as the result of
a Federal or non-Federal archeological undertaking. As part of
the Federal Government's effort to protect and preserve the
nation's cultural and archeological resources, Federal
regulations (notably 36 CFR part 79) require Federal agencies
to provide curatorial services to manage and preserve
collections according to professional museum and archival
practices.
In 2009, the Corps allocated $29.7 million from the
American Recovery and Reinvestment Act (P.L. 111-5) (Recovery
Act) to open three Veterans Curation Project (VCP) laboratories
throughout the nation. The locations of these laboratories are:
(1) Augusta, Georgia; (2) Washington, D.C.; and (3) St. Louis,
Missouri (at the Mandatory Center of Expertise for the Curation
and Management of Archaeological Collections (MCX-CMAC)). The
purpose of these laboratories is to carry out the Corps'
curation responsibilities, including cataloging, scanning, and
photographing records and artifacts, while utilizing and
training a workforce of disabled or wounded veterans, or
veterans who have recently-returned from overseas (including
tours in Iraq and Afghanistan). The VCP program seeks to impart
skills in computer databases, digital scanning, digital image
capture, and writing skills to the veterans while improving the
Corps' management of its heritage assets. According to the U.S.
Army, the technical skills learned by veterans at the
laboratories will be transferrable to jobs outside the
laboratories, including forensic technicians and records
management.
H.R. 5282 provides a total authorization of appropriations
of $35 million for FY 2011 through FY 2015.
Chesapeake Bay Accountability and Recovery Act of 2009
(H.R. 1053)
Passed the House on September 30, 2009
H.R. 1053, the ``Chesapeake Bay Accountability and Recovery
Act of 2009'', directs the Director of the Office of Management
and Budget to annually prepare a financial report containing an
interagency crosscut budget for Federal agency activities
related to the restoration of the Chesapeake Bay. In addition,
this legislation requires the Administrator of the EPA to
develop an adaptive management plan for its Chesapeake Bay
Program and restoration activities. Finally, H.R. 1053 directs
the Administrator of EPA to appoint an Independent Evaluator to
review and report on Chesapeake Bay restoration activities and
the use of adaptive management. The Independent Evaluator is
required to submit a report to Congress every three years,
detailing findings and recommendations of the evaluation.
To Deauthorize a Portion of the Project for Navigation, Potomac River,
Washington Channel, District of Columbia, Under the Jurisdiction of the
Corps of Engineers
(H.R. 5545)
Passed the House on July 20, 2010
H.R. 5545 deauthorizes a designated portion of the Federal
project for navigation, Potomac River, Washington Channel,
District of Columbia. The project for navigation, Potomac
River, north side of Washington Channel, District of Columbia,
was initially authorized by the River and Harbor Improvement
Act, dated August 30, 1935 (chapter 831; 49 Stat. 1028). H.R.
5545 deauthorizes one-half of the Federal navigation project
width of the Washington Channel. The channel deauthorization
runs from the northern limit of the Federal navigation project
to just south of the Marine Police pier.
To Amend the Water Resources Development Act of 1992 To Modify an
Environmental Infrastructure Project for Big Bear Lake, California
(H.R. 1854)
Passed the House on December 8, 2009
H.R. 1854 amends section 219(f)(84) of the Water Resources
Development Act of 1992 to modify an environmental
infrastructure project for Big Bear Lake, California,
originally authorized in the Water Resources Development Act of
2007 (P.L. 110-114). Specifically, this legislation would
modify the project purpose from wastewater treatment to water
supply infrastructure, and reduce the authorization of
appropriations from $15 million to $9 million to reflect the
change in use for the project.
Resolution of Inquiry Requesting the President To Transmit to the House
of Representatives Copies of Certain Documents in the Possession of the
Administrator of the Environmental Protection Agency
(H. Res. 995)
Reported to the House as amended without Recommendation on January 29,
2010
H. Res. 995 is a resolution of inquiry that, pursuant to
clause 7 of rule XIII of the Rules of the House, directs the
Committee to act on the resolution within 14 legislative days,
or a privileged motion to discharge the Committee is in order.
Under the rules and precedents of the House, a resolution of
inquiry is a means by which the House requests information from
the Executive Branch.
The central focus of H. Res. 995 related to the
establishment of a permissible Clean Water Act discharge
standard for phosphorous for the planned Northwest Arkansas
Conservation Authority (NACA) regional wastewater treatment
facility, proposed for Benton County, Arkansas. In the view of
the Committee, the Environmental Protection Agency had provided
sufficient information to Representative John Boozman with
respect to his information requests, including publicly
committing to brief the Representative on any data, modeling,
and any other questions related to this determination at a time
convenient to the Representative, thereby making the resolution
of inquiry unnecessary.
Hearings
Sustainable Wastewater Infrastructure
On February 4, 2009, the Subcommittee held a hearing to
receive testimony on sustainable wastewater infrastructure. The
Subcommittee received testimony from representatives of EPA,
the Lawrence Berkeley National Laboratory, the Water
Environment Federation, and other stakeholder organizations.
This hearing highlighted the current energy consumption
demands for water and wastewater treatment in the United
States--estimated by witnesses as consuming approximately four
percent of the nation's total annual electrical needs. The U.S.
wastewater industry, alone, is estimated to consume
approximately one percent of the nation's annual electricity
sales.
The hearing also highlighted the availability and use of
various technologies and approaches for promoting sustainable
infrastructure in wastewater treatment facilities, specifically
in the areas of water conservation and reuse, and energy
efficiency. The concept of sustainable water infrastructure can
apply to a number of areas, including the efficient use of
water and energy, efforts at promoting water conservation, and
the development and utilization of more effective stormwater
mitigation projects and techniques. With respect to energy
efficiencies, witnesses testified how existing technologies,
such as digester gas fuel cells, micro-hydro turbines, solar
photovoltaic systems, and on-site small wind turbines, can be
incorporated into wastewater treatment facility systems to
realize significant energy efficiency gains, often at minimal
capital costs. Depending on the type of system and technologies
included, witnesses noted the possibility that wastewater
treatment facilities can achieve complete energy independence.
With respect to water efficiency, the use of sustainable
planning, design, and construction projects, such as low-impact
development techniques and technologies or decentralized
wastewater treatment systems, can result in lower adverse
impacts on water quality and watersheds and often at a reduced
long-term cost. In addition, witnesses noted that the use of
such approaches can often address immediate water quality
concerns, such as stormwater runoff, in conjunction with a
number of other benefits, such as improved air quality,
mitigation of urban heat island effects, energy savings, and
increased property values from aesthetic improvements (e.g.,
the planting of trees and rain gardens for evapotranspiration).
Efforts To Address Urban Stormwater Runoff
On March 19, 2009, the Subcommittee held a hearing to
receive testimony on efforts to address urban stormwater
runoff. The Subcommittee received testimony from
representatives of the National Research Council; EPA; the
cities of Dallas, Texas; Kansas City, Missouri; Milwaukee,
Wisconsin; Philadelphia, Pennsylvania; Portland, Oregon; and
other stakeholders.
The purpose of the hearing was to gather information on the
utility of green infrastructure and low-impact development
technologies and approaches in addressing urban stormwater
runoff, as well as identify any barriers to implementing these
technologies and approaches. Several witnesses noted that the
expanded use of impervious surfaces through urbanization has
significant adverse impacts on the manner in which water moves
both above and below ground during and after wet weather
events. For example, the movement of great volumes of
stormwater through combined and sanitary sewer systems has
resulted in greater numbers of sewer overflows, which have had
a demonstrable adverse impact on the nation's water quality.
Discharges of pollutants from engineered conveyances, such as
gutters, pipes, and concrete canals are regulated under the
Clean Water Act. A ``green infrastructure'' or low-impact
development (LID) approach for stormwater mitigation is
premised on the notion that the volume of stormwater can be
reduced before entering into sewage conveyance systems. Various
green infrastructure methods include green roofs, permeable
pavement, curb cut-outs, rain swales and gardens, increased
tree cover, as well as green space and buffer zones.
Witnesses highlighted the importance of the set-aside for
green infrastructure in the American Recovery and Reinvestment
Act (Recovery Act) (P.L. 111-5), with the EPA witness
testifying that the set-aside ``provides an outstanding
opportunity to accelerate the integration of green
infrastructure into [the] stormwater management programs.''
Witnesses also highlighted the potential cost-savings for
improving water quality that can be achieved by utilizing green
infrastructure, including low-impact development techniques and
technologies.
The Tennessee Valley Authority's Kingston Ash Slide: Potential Water
Quality Impacts of Coal Combustion Waste Storage
On March 31, 2009, the Subcommittee held a hearing to
receive testimony on the Tennessee Valley Authority's Kingston
ash slide and the potential water quality impact of coal
combustion waste storage. The Subcommittee received testimony
from representatives of the Tennessee Valley Authority (TVA),
EPA, the Tennessee Department of Environment and Conservation,
Duke University, and other interested parties.
The hearing investigated the potential causes, response,
and cleanup of the coal ash spill at the TVA's Kingston
(Tennessee) Fossil Plant, and uncovered information on
potential water quality implications from the ash spill. On
December 22, 2008, a retaining wall failed at a coal ash
retention pond at the Kingston Fossil Plant, resulting in the
release of 5.4 million cubic yards of ash and 327 million
gallons of water onto adjacent land and into the nearby Clinch
and Emory Rivers. Multiple state, local and Federal agencies
were involved in the clean-up effort, including EPA, the
Tennessee Department of Health, the Tennessee Wildlife
Resources Agency, and representatives from Roane County,
Tennessee. EPA considered the spill to be an unpermitted
discharge of a pollutant under the Clean Water Act. The ash
spill was determined to have a number of threatening
implications, including a potential to harm human health at
certain exposure levels, contamination of private drinking
water wells, and a negative impact on the rivers' aquatic
ecosystem. The Tennessee Wildlife Resources Agency advised that
fishing be avoided in the lower Emory River, although the
Tennessee Department of Health determined that there should be
no adverse health effects from occasionally ingesting the ash.
Coal Combustion Waste Storage and Water Quality
On April 30, 2009, the Subcommittee held on hearing on coal
combustion waste storage and water quality. The Subcommittee
received testimony from representatives of EPA, the Maryland
Department of Environmental Quality, academia, and other
interested parties.
The hearing clarified the relationship between water
quality and the storage and disposal of coal combustion waste
(CCW). CCW consists of a variety of residues that remain after
coal has been burned, such as coarse particles that settle to
the bottom of the power plant's combustion chamber, as well as
fine particles that are removed from the flue gas. CCW is
subject to regulation (at the time of the hearing) by States as
a non-hazardous substance under the Resource Conservation and
Recovery Act (RCRA). The Federal role in CCW storage and
disposal is primarily through Clean Water Act permitting
requirements in those instances where there is a discharge of
pollutants to a waterbody from a CCW storage or disposal
facility. Currently, CCW is stored in approximately 1,200
locations across the United States, including landfills,
storage ponds, and surface impoundments. More than one-half of
these sites (620) remain in active use, with the remainder
being closed or currently unused. Studies from EPA have
concluded that CCW should not be stored or used in environments
where it will come into contact with water (surface or
groundwater).
One additional management tool for CCW is to recycle the
waste into other products, such as Portland cement and flue gas
desulfurization residues. This recycling into other products is
referred to as ``beneficial reuse''. Several witnesses at the
hearing discussed the safety and economic value of beneficial
uses for CCW. Witnesses also stressed the importance of
tracking potentially harmful byproducts from the use of coal,
and ensuring that such byproducts, which may be reduced from
air emissions due to regulation under the Clean Air Act, are
not otherwise released into the environment through under-
regulated discharges of wastewater under the Clean Water Act.
Recommendation of the National Committee on Levee Safety
On May 19, 2009, the Subcommittee held a hearing to receive
testimony on the recommendations of the National Committee on
Levee Safety. The Subcommittee received testimony from
representatives of the U.S. Army Corps of Engineers (Corps),
state and local governments, and stakeholders.
The purpose of the hearing was to receive a report on the
status of the nation's levees and develop recommendations for
the creation of a national levee safety program, as outlined in
the Water Resources Development Act (WRDA) of 2007. The Corps'
levee safety program listed 114 levees at the time of the
hearing that had received an unacceptable rating from routine
maintenance inspections conducted since February 1, 2007. An
unacceptable rating means that a levee has one or more
deficient conditions that may prevent it from functioning as
designed, intended, or required. If the levee is not brought
into compliance within one year, the non-federal levee sponsor
is not eligible for Federal repair funds following a flood
event.
The Subcommittee received 20 recommendations for the
creation of a National Levee Safety Program, in the following
three categories: leadership in the form of a National Levee
Safety Commission, the creation of strong levee safety programs
in all states, and an increase in efficiency of existing
federal programs, such as the Federal Emergency Management
Agency's (FEMA's) Mapping Program and Community Rating System.
Witness testimony generally supported the recommendations
of the National Committee's report. Witnesses also testified
that a comprehensive program needs to be developed that goes
beyond just levee safety and captures a broader flood risk
management approach to areas behind levees. Witnesses also
commented on the need to complete the ongoing Federal levee
survey, and expand the survey to capture non-federal levees as
well.
Agency Budgets and Priorities for Fiscal Year 2010
On June 3, 2009, the Subcommittee held a hearing to receive
testimony on the President's Fiscal Year 2010 Budget request
for programs within the jurisdiction of the Subcommittee. The
Subcommittee received testimony from representatives of EPA,
the U.S. Department of Agriculture's Natural Resources
Conservation Service (NRCS), the National Oceanic and
Atmospheric Administration (NOAA), the Saint Lawrence Seaway
Development Corporation (SLSDC), and TVA.
Agency Budgets and Priorities for Fiscal Year 2010, Part 2
On June 16, 2009, the Subcommittee held a second hearing to
receive testimony on the President's Fiscal Year 2010 Budget
request for programs within the jurisdiction of the
Subcommittee. The Subcommittee received testimony from
representatives of the Corps, the United States Sector of the
International Boundary and Water Commission (USIBWC), and the
Agency for the Toxic Substances and Disease Registry (ATSDR) at
the Centers for Disease Control and Prevention.
Opportunities and Challenges in the Creation of a Clean Water Trust
Fund
On July 15, 2009, the Subcommittee held a hearing to
receive testimony on creation of a Clean Water Trust Fund. The
Subcommittee received testimony from Members of Congress, a
representative of the Government Accountability Office (GAO),
representatives of State and local governments, and other
stakeholders.
The hearing explored issues related to the creation of a
dedicated, revenue-neutral trust fund to finance wastewater
infrastructure projects and improve water quality under the
Clean Water Act. Over the decades, investment in wastewater
infrastructure has provided significant environmental, public
health, and economic benefits to the nation. Yet, recent
studies from EPA and others have noted that without increased
investment in wastewater infrastructure, the United States
could lose much of the gains it has made in improving water
quality as a result of the 1972 Clean Water Act. The
Congressional Budget Office (CBO) and other stakeholders each
have estimated that as much as twice the current level of
investment is needed by Federal, state, and local governments
to address this shortfall. EPA is examining how improved
technologies and innovative financing options might help close
the gap between projected needs and current expenditures.
Several witnesses at the hearing suggested that, even with
increased appropriations for the Clean Water State Revolving
Fund, additional resources would still be necessary to address
the growing wastewater infrastructure needs. Several witnesses
suggested that the creation of a national trust fund would
provide a long-term federal contribution to protecting water
resources, allow for uniform progress toward the country's
water quality goals, and provide greater predictability to
state and local governments on the availability of water
quality funding.
The Tennessee Valley Authority's Kingston Ash Slide: Evaluation of
Potential Causes and Updates on Cleanup Efforts
On July 28, 2009, the Subcommittee held a hearing to
receive testimony on potential causes and cleanup efforts of
TVA's Kingston ash slide. The Subcommittee received testimony
from representatives of EPA, TVA, the TVA Office of Inspector
General (TVA IG), and engineering firms.
The hearing served to provide an update on TVA's Kingston
ash slide cleanup efforts, as well as analyses of the root
cause of the Kingston surface impoundment collapse. On December
22, 2008, a retaining wall surrounding TVA's Kingston Fossil
Plant coal ash retention pond collapsed, releasing 5.4 million
cubic yards of ash and 327 million gallons of water onto
adjacent land and into the Clinch and Emory Rivers. According
to an engineering firm hired by TVA, the impoundment wall
failure was caused by the combination of four distinct factors,
including concerns with initial construction of the coal ash
impoundment, as well as concerns with TVA's ongoing storage and
disposal practices for ash within the storage cells. A law
firm, which was hired by TVA to advise the TVA Board of
Directors on its legal duties and potential litigation
exposure, provided a report that outlines the circumstances
surrounding the spill, and recommended improvements on TVA's
governance, systems, and controls to reduce the likelihood of
similar or other harmful incidents.
Testimony from the witnesses and discussion among the
Members and witnesses focused on the need for adequate
regulation to prevent a spill like Kingston from happening in
the future, as well as the fact that poor oversight and
management of the coal ash facility by TVA contributed to the
spill. In addition, witnesses testified on the potential short-
and long-term human health effects of the spill.
Reauthorization of the Chesapeake Bay Program
On September 22, 2009, the Subcommittee held a hearing to
receive testimony on reauthorization of the Chesapeake Bay
program. The Subcommittee received testimony from
representatives of EPA, the States of Maryland, Pennsylvania,
and Virginia, the University of Maryland, and other
stakeholders.
The Chesapeake Bay is the largest of the nation's
estuaries; its watershed covers 64,000 square miles and GAO
estimates that the population of the watershed will reach 18
million by 2020. The Bay ecosystem (including its water
quality) has been under stress due to sustained and excessive
levels of pollution. Sources of this pollution include
agricultural runoff, wastewater treatment facilities, new land
development, and emissions from vehicles and power plants.
According to EPA, the key to restoring water quality in the Bay
watershed is to achieve significant reductions in nitrogen,
phosphorus, and sediment loads. According to information
provided by EPA, approximately 60 percent of the total nitrogen
load, 65 percent of the total phosphorus load, and 96 percent
of the total sediment load to the Chesapeake Bay is not subject
to Federal regulation, including the Clean Water Act.
Significant reductions in each of these pollutant loads are
necessary to have the Chesapeake Bay meet water quality
standards.
In the 1990s, the States of Pennsylvania, Virginia, West
Virginia, and Delaware each entered into a judicial consent
decree with EPA to establish and have approved a total maximum
daily load (TMDL) for all impaired waters (listed on a State's
303(d) list) under the authority of the respective states by
May 1, 2011. This timeline was approved by the other principal
members of the Chesapeake Bay watershed, together with an
agreement that EPA would establish the draft TMDL for
Chesapeake Bay by December 2010, and that each of the
respective Bay States would develop and submit to EPA watershed
implementation plans for the TMDL.
The EPA's Chesapeake Bay Program, authorized by the Clean
Water Act, is a partnership that directs and conducts the
restoration of the Bay. The most recent Bay Agreement is
Chesapeake 2000, in which the Bay State partners agreed to
improve water quality in the Bay and its tributaries to the
point that these waters would be removed from EPA's impaired
waters list by 2010. The Bay Program's Chesapeake Action Plan
was released in July 2008, and its goal was to improve and
accelerate the coordination, integration, and implementation of
efforts to protect and restore the Bay. President Barack Obama
issued an Executive Order on May 12, 2009, which directed the
Federal Government to exercise greater leadership to restore
the Bay.
Protecting and Restoring America's Great Waters: The Long Island Sound
On October 6, 2009, the Subcommittee held a hearing to
receive testimony on protecting Long Island Sound. The
Subcommittee received testimony from representatives of EPA,
the New York State Department of Environmental Conservation,
the Connecticut Department of Environmental Protection, and
other interested parties.
The Long Island Sound is under stress, primarily due to the
effects of urbanization within the Long Island Sound watershed.
As a result, the Sound suffers from degraded water quality,
loss of habitat, and reduced fish and shellfish populations.
Discharges from wastewater treatment plants are the largest
source of nitrogen to the Sound, according to a Total Maximum
Daily Load (TMDL) analysis completed by Connecticut and New
York in 2001. Atmospheric deposition and urban runoff are other
sources.
To improve the water quality of the Sound in accordance
with the TMDL, Connecticut established the Nitrogen Credit
Exchange program, in which municipal sewage treatment plants
can trade nitrogen credits to achieve nitrogen reduction goals.
Congress authorized the Long Island Sound Study under section
119 of the Clean Water Act to develop and coordinate water
quality restoration efforts in the Sound. Congress has
supplemented the Long Island Sound Study with two other
programs: the Long Island Sound Restoration Act, which is
funded at up to $40 million per year for sewage treatment
system upgrades, and the Long Island Sound Stewardship Act of
2006, which supplies up to $25 million per year for land
acquisition, habitat protection, and expanded public access in
designated ``stewardship sites''.
Testimony from the witnesses and discussion among Members
and witnesses during the hearing focused on expansion of a
nitrogen credit trading program to the rest of the Long Island
Sound; the need for full funding of the existing Long Island
Sound programs; the benefits of an expansion of the Municipal
Separate Storm Sewer Systems (MS4) permitting program to
improve water quality in the Sound; and the benefit of
inclusion of the upstream states into the Long Island Sound
TMDL.
Recovery Act: Progress Report on Water Resources Infrastructure
Investment
On November 4, 2009, the Subcommittee held a hearing to
receive testimony on the water resources infrastructure
investment of the Recovery Act. The Subcommittee received
testimony from EPA, the Corps, the Pennsylvania Department of
Environmental Protection, the Village of Ruidoso, New Mexico,
and the Pima County, Arizona Regional Wastewater Reclamation
Department.
The Subcommittee explored progress to date on EPA
implementation of Recovery Act programs. At the time of the
hearing, EPA had committed nearly $4.6 billion for Recovery Act
projects, representing 98 percent of the total amount of
Recovery Act funds allocated to EPA. However, the Subcommittee
also explored the relatively slower implementation of the Clean
Water SRFs by EPA and States, as well as the challenges posed
by the Buy America requirements of the Recovery Act. At the
time of the hearing, EPA had issued three nationwide waivers
and 17 regional waivers. Members questioned whether States
required more guidance on complying with Buy America
requirements and whether EPA ought to publish additional
waivers.
The Subcommittee also reviewed Recovery Act implementation
by the Corps. The Recovery Act provided $4.6 billion to the
Corps. As of September 30, 2009, the Corps had begun work on
731 Recovery Act projects all across the country, totaling more
than $2.2 billion, representing nearly 50 percent of the total
amount of funds allocated to the Corps.
Proposals for a Water Resources Development Act of 2010
On November 18, 2009, the Subcommittee held a hearing to
receive testimony on proposals for a Water Resources
Development Act of 2010. The Subcommittee received testimony
from Members of Congress. Members of Congress testified about
high priority water resource projects being requested for
inclusion in a Water Resources Development Act.
The One-Year Anniversary of the Tennessee Valley Authority's Kingston
Ash Slide: Evaluating Current Cleanup Progress and Assessing Future
Environmental Goals
On December 9, 2009, the Subcommittee held a hearing on
TVA's Kingston ash slide. The Subcommittee received testimony
from representatives of EPA, TVA, the TVA IG, Perry County,
Alabama, and an engineering firm.
The TVA witness testified about progress being made to
address both the time-critical and non-time critical removal of
the coal ash released from the Kingston Fossil Fuel facility.
The TVA IG witness testified about his observations on the need
to ``change the culture'' of TVA which served as a factor in
the failure of the Kingston coal ash storage pond. According to
the TVA IG, ``TVA has suffered from an insular culture that
shuns views outside the Valley. This defensive and
protectionist philosophy has produced a tunnel vision that
eschews input that might have aided in changing the very
culture that contributed to TVA's current woes. That same
culture resisted system-wide standards and accountability. All
of this is based on an underlying philosophy that TVA's
uniqueness as a hybrid government agency exempted it from
adherence to standards and uniform process.''
The engineering firm witness provided an update on its
structural integrity assessment of TVA's 24 additional coal
ash/gypsum storage ponds. The firm was hired by TVA, following
the Kingston spill, to assess the safety of the utility's
remaining coal ash and gypsum ponds.
Finally, witnesses testified about the long-term human
health and environmental implications of moving recovered coal-
ash (from the Kingston site) to a landfill in Perry County,
Alabama.
Asian Carp and the Great Lakes
On February 9, 2010, the Subcommittee held a hearing to
receive testimony on preventing the introduction of Asian Carp,
an aquatic invasive species, into the Great Lakes. The
Subcommittee received testimony from representatives of EPA,
the Corps, the States of Illinois and Michigan, academia, and
interested parties on the issue.
Testimony centered on the introduction and spread of Asian
Carp into the Mississippi River and scientific evidence of its
potential spread into the Great Lakes. DNA from Asian Carp
indicates that some Asian Carp may be entering the lower Great
Lakes. The witnesses from EPA and the Corps discussed their
joint efforts to respond to the Asian Carp and to develop a
long-term solution to prevent the spread of the Asian Carp
beyond their current territory.
Agency Budgets and Priorities for Fiscal Year 2011
On March 4, 2010, the Subcommittee held a hearing to
receive testimony on the President's Fiscal Year 2011 Budget
request for programs within the jurisdiction of the
Subcommittee. The Subcommittee received testimony from EPA, the
Corps, NRCS, NOAA, the SLSDC, TVA, the USIBWC, and ATSDR.
Proposals for a Water Resources Development Act of 2010, Part II
On April 15, 2010, the Subcommittee held a hearing to
receive testimony on proposals for a Water Resources
Development Act of 2010. The Subcommittee received testimony
from the Corps and several interested organizations.
Testimony was presented covering project and programmatic
needs that spanned the broad jurisdictional range of the Corps
civil works program. All witnesses agreed about the need for
Congress to consider the Water Resources Development Act of
2010 in a timely manner and to consider this legislation more
regularly than the seven-year gap that preceded passage of the
Water Resources Development Act of 2007. Witnesses also
expressed support for the need to continue and expand public
investment in infrastructure.
Witnesses also testified on the challenges facing the two
waterway trust funds--the Inland Waterways Trust Fund and the
Harbor Maintenance Trust Fund. Testimony discussed how the
Harbor Maintenance Trust Fund collects more money than is
expended on an annual basis to support harbor maintenance.
Testimony was also presented about the significant shortfall in
revenue facing the Inland Waterways Trust Fund, and how this
shortfall could negatively impact the schedule for carrying out
new and ongoing navigation construction projects on the inland
system. Witnesses recommended Congressional action to address
these trust fund issues.
Protecting and Restoring America's Great Waters, Part II: The Columbia
River and San Francisco Bay
On April 28, 2010, the Subcommittee held a hearing to
receive testimony on the Columbia River and San Francisco Bay.
The Subcommittee received testimony from Members of Congress,
representatives of EPA, San Francisco Bay Estuary Partnership,
Lower Columbia River Estuary Partnership, Columbia River Inter-
Tribal Fish Commission, Oregon State Senate, Bay Area Council,
Contra Costa County, and other interested parties from the
Columbia River Basin and San Francisco Bay.
The hearing provided an update on the current environmental
conditions of the Columbia River Basin and San Francisco Bay,
as well as efforts to protect and restore both of these
waterbodies. The Columbia River Basin and the San Francisco
Estuary receive funding through the Clean Water Act's National
Estuary Program (NEP). The EPA rates the Lower Columbia River
Estuary as fair. Its main impairments are from non-point
sources, including agriculture, urban and suburban stormwater,
habitat modification, and emerging contaminants, such as flame
retardant residue, pharmaceuticals, and personal care products.
The EPA rates the San Francisco Estuary's overall condition as
fair. The Estuary faces a number of threats because of human
activity: threats to freshwater, population pressures, invasive
species, and contaminants in sediments.
Testimony centered on the strengths of these NEP programs
and the need to increase funding for the ongoing work to
continue to make progress in cleaning up these waterbodies.
Putting America Back To Work Through Clean Water Infrastructure
Investment
On July 15, 2010, the Subcommittee held a hearing to
receive testimony on investments in Clean Water Act
infrastructure. The Subcommittee received testimony from
representatives of the City of New York, New York; the City of
Kansas City, Missouri; and the District of Columbia's
wastewater agency; the business community; and labor
organizations.
The hearing focused on investments in clean water
infrastructure and the benefits to the environment and job
creation that such investment has in the United States. The
Clean Water SRF is the primary Federal vehicle for funding
wastewater infrastructure programs throughout the nation. Clean
Water SRFs are used for capitalization grants for state clean
water programs and infrastructure. One witness cited a 2009
report of the Alliance for American Manufacturing, which found
that infrastructure investment spending will directly create
18,000 total jobs for every $1 billion in new investment
spending, and will create additional sources of employment,
over time, through the maintenance, repair, and improvement of
these systems. Another witness expressed strong support for the
$4 billion appropriation to the Clean Water SRF included as
part of the Recovery Act, which, according to this witness,
``quite literally, pulled the construction industry back from
the precipice.''
The hearing discussion among Members of the Subcommittee
and witnesses focused on the effectiveness of Recovery Act
investments in clean water infrastructure and job creation at
the local and state level. Witnesses also expressed continued
support for H.R. 1262, the ``Water Quality Investment Act of
2009''.
Impact of Green Infrastructure and Low Impact Development on the
Nation's Water Quality, Economy, and Communities
On September 30, 2010, the Subcommittee held a hearing to
receive testimony on the impact of green infrastructure and
low-impact development on the nation's water quality, economy,
and communities. The Subcommittee received testimony from
Members of Congress; and representatives of the City of
Philadelphia, Pennsylvania; the Town of Edmondson, Maryland;
the business and development community and the regulated
community.
Green infrastructure can take a variety of forms, including
green roofs, permeable pavement, curb cut-outs, rain swales and
gardens, increased tree cover, and green space/buffer zones.
Green infrastructure or low-impact development approaches can
offer a number of benefits, including mitigation of urban heat
island effects, reduction of energy demands, reduction of
stormwater flows, protection from flooding, sequestration of
carbon, and filtration of air and water pollutants.
Testimony of the witnesses centered on the experiences of
several municipalities that have utilized green infrastructure
projects and the benefits of these efforts in improved water
quality, which often times, can be achieved in a more cost-
effective and environmentally sustainable manner than
traditional ``grey-infrastructure'' approaches. While witnesses
noted that green infrastructure/low-impact development projects
may not be appropriate in every circumstance, the witnesses
recognized the value of such approaches, as well as the
importance of Federal investment in these approaches to further
their development and implementation. One witness cited to a
2010 American Rivers report that highlighted the importance of
the ``Green Project Reserve'' or set-aside of the Recovery Act,
which dedicated 20 percent of Clean Water SRF funds for green
infrastructure, water and energy efficiency, and environmental
innovation, in promoting the awareness, acceptance, and use of
green infrastructure approaches throughout the nation.
Summary of Oversight Hearings
Pursuant to Clauses 2(n), (o), and (p) of Rule XI
of the Rules of the House of Representatives
In the 111th Congress, Rule XI of the Rules of the House of
Representatives was amended to add new clauses 2(n), (o), and
(p), and establish new oversight requirements for committees.
New clause (n) requires each standing committee, or a
subcommittee thereof, to hold at least one hearing during each
120-day period following the establishment of the committee on
the topic of waste, fraud, abuse, or mismanagement in
government programs which that committee may authorize. The
Committee complied with the requirements of Rule XI by
conducting 15 separate hearings, including at least two in each
of the 120-day periods of the 111th Congress.
Clause (o) requires each committee, or a subcommittee
thereof, to hold at least one hearing in any session in which
the committee has received disclaimers of agency financial
statements from auditors of any Federal agency that the
committee may authorize to hear testimony on such disclaimers
from representatives of any such agency. The Committee did not
receive any disclaimers of agency financial statements from
auditors of any Federal agency under the Committee's
jurisdiction.
Finally, clause (p) requires each standing committee, or a
subcommittee thereof, to hold at least one hearing on issues
raised by reports issued by the Comptroller General of the
United States indicating that Federal programs or operations
that the committee may authorize are at high risk for waste,
fraud, and mismanagement, known as the ``high-risk list'' or
the ``high-risk series''. The Committee conducted three
hearings concerning programs that are on the Comptroller
General's ``high-risk series'', and one hearing on a program
that had previously been identified by the Comptroller on the
``high-risk series''.
This chapter of the report provides a summary of the
hearings conducted pursuant to Clauses 2(n), (o), and (p) of
Rule XI.
Date: March 18, 2009.
Subcommittee: Aviation.
Title: Air Traffic Control Modernization and the Next
Generation Air Transportation System: Near-Term Achievable
Goals.
Purpose: Receive testimony on the air traffic control
modernization and the next generation air transportation
system, an area that had been identified by the Government
Accountability Office as a ``high risk'' area.
Result: The Committee has engaged in continuing oversight
of the Federal Aviation Administration (FAA) Next Generation
Air Transportation System (NextGen). The project historically
incurred high costs and complexity, but has shown recent
improvements. These improvements do not obviate the need for
continuing oversight.
The FAA requested that RTCA, Inc. establish a government-
industry NextGen Mid-Term Implementation Task Force (``RTCA
Task Force'') to forge an aviation community consensus on
NextGen operational improvements to be implemented between now
and 2018, maximizing NextGen benefits in the near-term, and
developing a business case for industry investment in NextGen.
(RTCA is a private, not-for-profit corporation that operates as
a Federal Advisory Committee.) The RTCA Task Force was formed
in January 2009 and consisted of approximately 335 individuals
from 141 different organizations. On September 9, 2009, the
Task Force issued its final report and disbanded.
The report contained several recommendations designed to
help FAA maximize its ability to deliver near-term benefits and
build a foundation for the mid-term. Overall, the FAA has been
engaged and collaborative, and the agency has moved forward on
a number of the Task Force's recommendations. In early 2010,
FAA reported in its annual NextGen Implementation Plan (NGIP)
how it would attempt to address the recommendations, and
provided timeframes for those actions. The NGIP will provide
greater transparency and accountability with regard to
measuring the FAA's progress meeting NextGen milestones.
Date: March 24, 2009.
Subcommittee: Coast Guard and Maritime Transportation.
Title: Overview of Coast Guard Acquisition Policies and
Programs.
Purpose: Receive testimony on the Coast Guard's acquisition
programs, as well as the policies and procedures the service is
implementing to strengthen its management of the entire
acquisition process.
Result: The Coast Guard has begun a comprehensive
acquisition reform effort. The reforms are necessary to avoid
repeating the problems the service encountered in the Deepwater
program and to ensure proper oversight and management of each
acquisition project. Several improvements included better
communication among headquarters offices, consolidation of
project offices, clarification of the roles of key players, and
changes in policies and processes. The service's efforts at
reform were being aided through consultation with the Defense
Acquisition University and others.
GAO testified that over the two years leading up to the
hearing, the Coast Guard had repositioned itself to assume
responsibilities associated with systems integration and
program management functions that were formerly carried out by
contractors. GAO stated that a key development had been a shift
to an asset-by-asset management approach rather than an overall
system-of-systems acquisition strategy. The new approach
allowed the Coast Guard to track costs and schedule information
at the individual asset level which resulted in greater
capability to identify and report problems.
GAO also testified that the Coast Guard still faced
challenges and the outcome of the Deepwater acquisition
remained uncertain. Further, the failure of not implementing a
disciplined acquisition approach and the reliance upon a
contractor to define the Coast Guard's requirements had
resulted in certain assets being delivered and paid for without
the Coast Guard having determined whether the assets would meet
mission needs.
Coast Guard capital expenditures, including acquisitions,
are funded through appropriations to the service's Acquisition,
Construction, and Improvement (AC`I) account. The largest
single acquisition program to be funded through the AC`I budget
is the Deepwater acquisition program, which is projected to
cost $24 billion and require 25 years to complete.
The most highly publicized failure of the Deepwater
acquisition project was the effort to lengthen the Coast
Guard's existing 110-foot patrol boats to 123 feet and install
new, upgraded information technology equipment. The original
task order for these vessels was issued in August 2002. In June
2005, the Coast Guard decided to suspend the conversion process
after eight boats had been delivered because the converted
cutters lacked adequate capabilities to meet their expanded
post-September 11, 2001, operational requirements. In November
2006, the eight converted boats were removed from service
because of concerns about their operational safety. The vessels
have now been de-commissioned.
The Deepwater program was the subject of intense scrutiny
and hearings by the Committee in the 110th Congress. While
improvements to Deepwater followed the Committee's
intervention, a legislative response was warranted.
On March 23, 2009, Representative Elijah E. Cummings
introduced H.R. 1665, the ``Coast Guard Acquisition Reform Act
of 2009''. The bill passed in the House under suspension of the
rules on July 29, 2009 by a vote of 426-0. The Senate took no
action on the bill.
H.R. 1665 strengthened the Coast Guard's acquisition
management processes by building on the reforms the Coast Guard
had already implemented. H.R. 1665 also required independent
cost estimates for the service's largest acquisitions, the
appointment of a Chief Acquisition Officer who must be
certified as a Level III Program Manager and have at least 10
years of professional experience in acquisition management, and
the establishment of a dedicated acquisition workforce within
the Coast Guard.
H.R. 1665 was later included as Title IV--Acquisition
Reform, in H.R. 3619, the ``Coast Guard Authorization Act of
2010''. An amended version of H.R. 3619 passed the House and
the Senate on September 30, 2010. The bill was signed by the
President and became Public Law 111-281 on October 15, 2010.
Date: March 31, 2009
Subcommittee: Water Resources and Environment
Title: The Tennessee Valley Authority's Kingston Ash Slide
and Potential Water Quality Impacts of Coal Combustion Waste
Storage.
Purpose: To investigate the potential causes of the coal
ash spill at the TVA's Kingston Fossil Plant, the response and
cleanup, as well as receive information on potential water
quality implications from the ash spill.
Result: The Clean Water Act directs EPA to develop effluent
guidelines to limit the amount of pollutants that are
discharged to surface waters or to sewage treatment plants
through National Pollutant Discharge Elimination System (NPDES)
permits. The effluent guidelines for the steam electric power
generating point source category apply to steam electric
generating units, including TVA's Kingston Fossil Plant.
Following the subcommittee's hearing, on March 9, 2010, EPA
published a notice in the Federal Register that it was
initiating an Information Collection Request (ICR) for the
Steam Electric Power Generating effluent guidelines. The need
to revisit the existing guidelines was demonstrated at the
hearing.
This ICR was sent to 733 of the approximately 1,200 fossil-
and nuclear-fueled steam electric power plants that are
potentially within the scope of the data collection objectives,
and will provide the detailed information necessary for EPA to
consider revising its effluent guidelines for the steam
electric power generating point source category. According to
the Federal Register notice, EPA is seeking information on
potentially more stringent limits for pollutants in steam
electric power generation facility wastewater, as well as the
potential impacts of leachate from waste management units
(i.e., surface impoundments and landfills) entering the
groundwater system.
The hearing clearly demonstrated that devastating spills
such as the spill at Kingston should not occur. The Committee's
oversight and the public debate will result in improved
management practices.
Date: July 15, 2009
Subcommittee: Economic Development, Public Buildings and
Emergency Management
Title: Evaluating GSA's First Experience with National
Broker Contracts.
Purpose: To determine whether the National Broker Contract
provides the General Services Administration (GSA) a legitimate
tool to meet its statutory obligation to provide commercial
office space for Federal agencies.
High Risk Series: This hearing addressed issues related to
``Managing Federal Real Property'', a topic contained on GAO's
2009 High Risk Series.
Result: Based upon the hearing and other data, the
Committee has continuing concerns regarding the efficacy and
business case for GSA's reliance upon commission-based brokers
to augment the in-house tenant representation function
performed by GSA employees. To that end, the subcommittee has
commissioned GAO to examine and compare the fee structure
employed by GSA with corporate users of tenant representation
services and to examine the overall business case for GSA's
reliance upon the broker contract commission-based structure,
as compared to increasing the ranks of Federal employees in
realty specialist positions, or supplementing Federal realty
specialists with contract employees hired through consulting
services contracts on an hourly fee basis.
Date: July 28, 2009
Subcommittee: Water Resources and Environment
Title: The Tennessee Valley Authority's Kingston Ash Slide:
Evaluation of Potential Causes and Updates on Cleanup Efforts.
Purpose: Receive updates on the status of the Kingston ash
slide cleanup efforts and analyses of the root cause of the
Kingston surface impoundment collapse.
Result: The subcommittee continued its oversight of the
Kingston spill following its March 31, 2009 hearing. On May 11,
2009, EPA entered into an Administrative Order and Agreement on
Consent (AOC) under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), which
requires TVA to perform all necessary response actions to
address the release of coal ash from the Kingston Fossil Fuel
Plant.
On August 4, 2009, TVA and EPA jointly agreed to an Action
Memorandum (Request for Removal Action for the Tennessee Valley
Authority at the Kingston Fossil Plant in Roane County,
Tennessee) that established the time-critical removal actions
required to recover, remove, and manage the major portion of
the approximately 3 million cubic yards of coal ash released
into the Emory River. This time-critical removal action was
coordinated and overseen by an EPA On-Scene Coordinator.
Dredging for the time-critical removal action was completed in
July, 2010, and off-site removal of dredged coal ash is
expected to be completed by the end of 2010.
On October 20, 2010, an engineering consultant hired by TVA
to assess the safety of the utility's remaining coal ash and
gypsum ponds reported that only half of the 24 earthen dams at
TVA ash ponds meet the top safety standard for stability.
However, according to the consultant, none of the ash ponds
presents an immediate danger of failure. TVA reports that the
agency expects to have completed at least 86 ongoing
engineering and construction projects to improve the safety of
its ponds by the end of 2011. The Committee's interest in
ensuring vigilance on the part of TVA and EPA is having
positive results. Additional oversight of TVA's efforts to
improve the safety of its storage ponds is essential for
ensuring public health and safety.
Date: September 10, 2009
Committee: Transportation and Infrastructure
Title: Concerns with Hazardous Materials Safety in the
U.S.: Is PHMSA Performing its Mission?
Purpose: Receive concerns with the Pipeline and Hazardous
Materials Safety Administration's (PHMSA) oversight and
management of hazardous materials safety in the United States.
Result: Committee Majority staff released preliminary
findings of an extensive oversight investigation of the
Department of Transportation's hazardous materials safety
program.
The Committee's investigation, coupled with Department of
Transportation (DOT) Office of Inspector General (OIG)
findings, strongly suggests that PHMSA's performance of its
primary safety mission is less than diligent in far too many
instances. It appears to be inappropriately ``cozy'' with
industry, which demands an immediate, high-level policy review.
The details of the Committee's preliminary findings are:
PHMSA does not review prior incident or enforcement histories
of applicants before authorizing special permits and approvals;
PHMSA does not verify whether an applicant for a special permit
or approval is (or should be) registered to transport, or offer
for transport, hazardous material in commerce before
authorizing a special permit or approval; PHMSA could not
provide the necessary support for granting an applicant's
request for a special permit or approval; PHMSA largely relies
on self-certification by the applicant for special permits and
approvals; PHMSA allows an unlimited number of unrelated
entities to utilize special permits granted to other parties;
PHMSA does not know where special permits are being utilized;
PHMSA issues special permits to trade associations and allows
the association members to become ``party to'' the permit
without any evaluation as to their fitness and ability to carry
out the terms and conditions of the special permit; PHMSA does
not follow its own regulations for issuing emergency special
permits; PHMSA grants emergency special permits to applicants
absent any meaningful justification for a waiver of the
regulations; PHMSA is pre-disposed to approving requests for
special permits, emergency special permits, and approvals;
there is no process established in law for issuing approvals;
PHMSA issues approvals to domestic ``agents'' representing
foreign companies to carry hazardous materials in the United
States without any evaluation of the fitness of the foreign
company; investigators identified special permits that should
be incorporated in the regulations; PHMSA has failed to
coordinate with the Department of Transportation modal
administrations, in particular the Federal Aviation
Administration; PHMSA has largely ignored oversight and
enforcement concerns; PHMSA found that 60 to 90 percent of all
accidents are unreported, but little has been done to address
it; contrary to its claims, PHMSA is not a data-driven agency;
PHMSA developed a comprehensive plan to address its data issues
but it was never implemented; there have been concerns that
PHMSA failed to maintain an arms-length relationship with
industry; and, PHMSA has lost sight of its safety mission.
Date: October 14, 2009
Subcommittee: Railroads, Pipelines, and Hazardous Materials
Title: High-Speed Rail in the United States: Opportunities
and Challenges.
Purpose: Receive testimony on the opportunities and
challenges of developing high-speed rail in the United States.
High Risk Series: This hearing addressed issues related to
``Funding the Nation's Surface Transportation System'', a topic
contained on GAO's 2009 High Risk Series.
Result: The subcommittee heard from a number of witnesses
on the need to increase Federal investment in rail. The
witnesses pointed to the discrepancy in historical Federal
investment between highways, aviation, and intercity passenger
rail as a major problem. Between 1958 and 2008, nearly $1.3
trillion has been invested in our nation's highways and more
than $473 billion in the nation's aviation system. Federal
investment in passenger rail began in 1971 with the creation of
the National Railroad Passenger Corporation (Amtrak). Between
1971 and 2008, only $53 billion has been invested in passenger
rail. Many witnesses supported $9.3 billion investment in high-
speed and intercity passenger rail provided in the American
Recovery and Reinvestment Act of 2009 (111-1). Witnesses also
supported the $50 billion investment (over six years) for high-
speed and intercity passenger rail contained in the Surface
Transportation Authorization Act (STAA), which was unveiled in
June 2009. Additional hearings were held in 2010 focused on
implementing a national high-speed and intercity passenger rail
program.
Date: December 9, 2009
Subcommittee: Water Resources and Environment
Title: The One Year Anniversary of the Tennessee Valley
Authority's Kingston Ash Slide: Evaluating Current Cleanup
Progress and Assessing Future Environmental Goals.
Purpose: To receive updates as to the status of the
Kingston ash slide cleanup efforts, as well as disposal of
reclaimed and dredged ash in Perry County, Alabama.
Result: On May 18, 2010, TVA and EPA jointly agreed to an
Action Memorandum for the Non-Time Critical Removal Action
Embayment/Dredge Cell components. In this memorandum, TVA
agreed to the removal of 2.8 million cubic yards of coal ash
from the Swan Pond Embayment, consolidation and on-site
disposal of coal ash remaining in the failed dredge cell and
ash pond, installation of an enhanced perimeter containment
system around the closed out cell using deep soil-cement mixing
techniques, and the restoration of the Swan Pond embayment
ecosystem to pre-spill conditions. Actions pursuant to the
Action Memorandum are ongoing and are expected to be completed
by 2015. The Committee's continuing interest in EPA and TVA
actions reveals that additional oversight of progress on the
non-time critical removal actions is essential for ensuring
public health and safety.
Date: March 3, 2010
Committee: Transportation and Infrastructure
Title: The Water Resources Development Act of 2007: A
Review of Implementation in its Third Year.
Purpose: To receive testimony on the successes and failures
associated with implementing the programmatic reforms contained
in the Water Resources Development Act of 2007.
Result: On November 8, 2007, Congress enacted the Water
Resources Development Act of 2007 over the veto of the
President. Enacting the Water Resources Development Act of 2007
(WRDA 2007) was only the 107th successful veto override in the
history of the Congress.
WRDA 2007 was the culmination of seven years of pent up
demand for authorizations to address the Nation's water
resources needs. Among its over 900 projects or programs are
significant new authorities associated with the Florida
Everglades, the restoration and protection of coastal Louisiana
and Mississippi following the devastation of Hurricanes Katrina
and Rita, and modernization of the nation's water-based
transportation system.
In addition to its project and program authorizations, WRDA
2007 includes the most sweeping reforms of how the Department
of the Army's Corps of Engineers develops and implements its
projects and programs since the Water Resources Development Act
of 1986. Since November 8, 2007, the Department of the Army and
the Corps of Engineers had been slow to implement the
programmatic reforms and projects contained in that law. Where
the Army and the Corps implemented reforms, the results often
were inadequate and inconsistent with the statute and
Congressional intent. These shortcomings compelled the
Committee's oversight of WRDA 2007 implementation.
The Committee staff prepared a report describing many of
the most serious deficiencies in implementation. (The Water
Resources Development Act of 2007, Public Law 110-114, a Report
on Implementation in the Third Year.) The report described how
the Department of the Army and Corps of Engineers
implementation of the major programmatic reforms--mitigation,
independent review, and the planning principles and
guidelines--was well behind the schedules established by WRDA
2007 and did not fulfill the law's intent.
The implementation documents for WRDA 2007 did not appear
to have been issued with a sense of priority. Significant
programmatic changes with immediate and universal applicability
called for immediate attention. Instead, implementation of
programmatic reforms was delayed while guidance for unfunded
activities that would not be implemented was routinely issued.
In implementing WRDA 2007, the Assistant Secretary and the
Corps should have allocated resources to programmatic changes
that have universal applicability and immediate effective
dates. Of equal importance would be project related provisions
that have immediate impact on funded activities, or immediate
impact where funding is not necessary.
Since the March hearing, the Department of the Army and the
Corps have improved their WRDA 2007 implementation. The
Committee continues to monitor implementation to ensure prompt
adherence with Congressional intent. WRDA 2007 implementation
will require continuing oversight by the Committee.
Date: April 14, 2010
Subcommittee: Highways and Transit
Title: Using Innovative Financing to Deliver Highway and
Transit Projects.
Purpose: To receive testimony on innovative financing
practices in surface transportation project delivery. This
hearing is part of the Subcommittee's effort to reauthorize
Federal surface transportation programs under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) (P.L. 109-59).
High Risk Series: This hearing addressed issues related to
``Funding the Nation's Surface Transportation System'', a topic
contained on GAO's 2009 High Risk Series.
Result: This hearing provided an opportunity to examine the
role of innovative financing tools and programs that can assist
in successfully delivering highway and transit projects, and to
ensure that when these financing tools are utilized, the
primary focus remains on protecting the public interest and
providing the maximum public benefit. The Nation continues to
underinvest in highway and transit projects in relation to the
need and demand for such projects. The hearing also highlighted
that while these project financing tools will play an important
role in addressing the surface transportation investment gap,
they will not supplant or replace the primary financing
mechanism of Federal motor fuel tax and the Highway Trust Fund.
The Committee's record clearly demonstrates that the
complexities of funding surface transportation warrant serious
time and attention.
Date: April 22, 2010
Committee: Transportation and Infrastructure
Title: The Department of Transportation's Oversight and
Management of Hazardous Materials Special Permits and
Approvals.
Purpose: To receive testimony on concerns with the Pipeline
and Hazardous Materials Safety Administration's (PHMSA)
oversight and management of its special permits and approvals
program. This hearing is a follow-up to a Committee hearing
held on September 10, 2009.
Result: In July 2009, the Committee majority staff launched
an investigation of PHMSA, including its oversight and
management of its special permits and approvals program in
response to significant concerns raised in a Department of
Transportation Inspector General audit of PHMSA. On September
10, 2009, the Committee held an oversight hearing on PHMSA's
special permits and approvals program. Preliminary findings of
the Majority staff's investigation were publicly released just
prior to the hearing. In response to the hearings and staff
findings, Chairman Oberstar introduced H.R. 4016, the Hazardous
Material Transportation Safety Act of 2009 on November 4, 2009.
Section 401 of the bill addresses shortcomings in special
permits and approvals by:
Maintaining PHMSA's ability to issue special
permits so long as the authorized activity is carried
out in a way that achieves a safety level at least
equal to the safety level required under chapter 51 of
title 49, United States Code; or is consistent with the
public interest and chapter 51, if a required safety
level does not exist;
Requiring PHMSA to determine that an
applicant for a special permit or approval is fit,
willing, and able to conduct the activity authorized by
the special permit or approval in a safe manner. In
making the determination, the Secretary will consider
the applicant's safety history (including prior
compliance history), accident and incident history, and
any other information the Secretary considers
appropriate to make such a determination;
Requiring PHMSA to consult and coordinate
with the Federal Aviation Administration, Federal Motor
Carrier Safety Administration, and the Federal Railroad
Administration prior to issuing a special permit or
approval;
Requiring PHMSA to publish all special
permits, including emergency special permits, and
approvals in the Federal Register for public review and
comment; and
Authorizing PHMSA to establish a reasonable
fee for processing applications for special permits and
approvals.
On November 16, 2009, the Subcommittee on Railroads,
Pipelines, and Hazardous Materials held a field hearing in
Baltimore, Maryland, focused on Reauthorization of the
Department of Transportation's Hazardous Materials Safety
Program. On November 19, 2009, the Committee on Transportation
and Infrastructure met in open session to consider H.R. 4016,
and ordered the bill reported to the House.
Federal programs intended to protect lives and property are
of the highest priority. The Committee review of PHSMA
indicated that serious flaws existed and improvements were
warranted to ensure agency accountability. The Committee
responded with the Hazardous Material Transportation Safety Act
of 2009.
Date: May 25, 2010
Subcommittee: Economic Development, Public Buildings and
Emergency Management
Title: Eliminating Waste and Managing Space in Federal
Courthouses: GAO Recommendations on Courthouse Construction,
Courtroom Sharing, and Enforcing Congressionally Authorized
Limits on Size and Cost.
Purpose: To receive testimony from the Government
Accountability Office (GAO) on its draft report, Federal
Courthouse Construction: Better Planning, Oversight and
Courtroom Sharing Needed to Address Future Costs, and
commentary from representatives of the Judiciary and the
General Services Administration (GSA) on the draft report.
Result: The hearing largely confirmed the three principal
GAO findings of overbuilding by GSA, consistent over-projection
of future judgeships by the Judiciary, and inadequate courtroom
sharing by the Judiciary. The result was additional
expenditures of nearly $900 million. These findings were
developed on the basis of GAO's modeling of the Judiciary's own
study of courtroom use. GAO's estimate of the cost attributable
to the overbuilding by GSA was vociferously contested by GSA,
with some validity; nonetheless, the hearing substantially
confirmed the GAO finding that the courthouse construction
program requires greater oversight and management to ensure
that unneeded space is not constructed.
The Committee determined that there is a need for new
controls on the courthouse construction program through
legislation to ensure that GSA reports to Congress when it
plans to exceed authorized dollar limits by ten percent or
more, when it plans to depart from the authorized square
footage limitation by five percent or more, and by prescribing
a courtroom allocation formula based upon numbers of
Congressionally approved judgeship positions and senior judges.
Until such legislation is enacted, the Committee will continue
to control courthouse costs through prescriptions and limits in
specific project authorizations.
Date: July 21, 2010
Subcommittee: Highways and Transit
Title: Oversight of the Highway Bridge Program and the
National Bridge Inspection Program.
Purpose: To receive testimony regarding oversight by the
Federal Highway Administration (FHWA) of the Federal Highway
Bridge Program (HBP) and the National Bridge Inspection Program
(NBIP) through testimony from the U.S. Department of
Transportation (U.S. DOT) Office of Inspector General (IG),
FHWA, the Government Accountability Office (GAO), and the
American Association of State Highway and Transportation
Officials (AASHTO) in preparation for the reauthorization of
Federal surface transportation programs under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) (P.L. 109-59), which expired in
October 2009.
Result: The hearing highlighted serious deficiencies in the
Highway Bridge Program and the National Bridge Inspection
Program that were identified in numerous reports issued by the
U.S. Department of Transportation Inspector General and the
Government Accountability Office. These deficiencies centered
on inspection of highway bridges, the oversight of state bridge
programs, and management of Federal Highway Bridge Program
funds. The hearing also examined a number of provisions
included in the Committee's Surface Transportation
Authorization Act to strengthen FHWA's oversight of the Federal
bridge program and State bridge inspections, including
provisions establishing a risk-based priority for replacement
and rehabilitation of deficient bridges; requiring plans for
inspection and rehabilitation of deficient bridges; requiring
FHWA to review the compliance of States and other Federal
agencies with the National Bridge Inspection Standards and
withhold project approvals for most highway programs for States
that fail to comply; and establishing procedures for reporting
on critical findings from bridge inspections. Each of these
issues concerning management of Highway Bridge Program funds
requires the continuing work of the Committee as it considers
long-term surface transportation legislation.
Date: September 15, 2010
Committee: Transportation and Infrastructure
Title: Enbridge Pipeline Oil Spill in Marshall, Michigan.
Purpose: To receive testimony to receive testimony on the
recent Enbridge pipeline failure in Marshall, Michigan. The
failure resulted in the release of an estimated one million
gallons of crude oil into Talmadge Creek and the Kalamazoo
River.
Result: On August 2, 2010, in response to a request of
Representative Mark H. Schauer, the Committee launched an
investigation of the Enbridge pipeline failure in Marshall,
Michigan. The Committee requested numerous documents from
Enbridge, Secretary of Transportation Ray LaHood and
Environmental Protection Agency Administrator Lisa Jackson
related to the ruptured pipeline. Committee staff also
conducted nearly 100 interviews with residents impacted by the
Line 6B rupture in Marshall, Michigan, in addition to
interviews of Enbridge, Federal, State, and local officials.
As a result, the Committee identified numerous safety
deficiencies, including Enbridge's failure to address numerous
volume imbalance alarms that had sounded in the days leading up
to the spill, and to address more than 329 defects on Line 6B
which required repair within 60 to 180 days under Federal
regulations.
The Committee also discovered evidence that Enbridge
pressured residents affected by the oil spill to waive their
rights to seek damages in exchange for minimal relief services
such as air purifiers or motel reimbursements and to sign
authorization forms for the release of all medical records to
the company. On September 1, 2010, Chairman Oberstar and
Representative Schauer sent letters to the U.S. Department of
Justice and U.S. Department of Health and Human Services (HHS)
requesting inquiries into Enbridge's practices relating to the
liability releases and medical information forms. Chairman
Oberstar and Representative Schauer also wrote to Enbridge
regarding the allegation, and asked Enbridge to voluntarily
rescind any and all releases of full and final settlement and
any and all authorizations for releases of medical records that
had been signed pursuant to the oil spill in Marshall,
Michigan. They requested an immediate halt of Enbridge's
practice of asking residents to sign the forms, and asked for
copies of all signed forms and related materials.
On September 3, 2010, Enbridge sent a letter to Chairman
Oberstar and Representative Schauer stating that residents or
businesses that were not satisfied with the claims process or
Enbridge's approach would have the option to seek legal
recourse. Enbridge committed to reviewing its claims process
and discontinuing the use of releases that precluded the
claimant from bringing future claims for physical injuries or
medical conditions that result from the leak until Enbridge has
an opportunity to meet with the parties to the letter. Enbridge
also agreed to discontinue its efforts to obtain authorizations
for release of medical information.
In response to the Committee letter, on September 7, 2010,
Department of Health and Human Services Secretary Kathleen
Sebelius sent a letter to Patrick Daniel, President and Chief
Executive Officer of Enbridge, stating that if the reports were
accurate that the company had ``misled or coerced individuals
to sign forms authorizing the release of personal medical
records to Enbridge upon referral to a local family health
center; that these forms authorize the disclosure of an
inappropriately broad amount of medical information, including
information wholly unrelated to their current conditions or
complaints; that the form could be directed to any provider,
not only the one(s) to which the patient has sought treatment
for the potentially oil spill-related condition; and that
Enbridge has failed to adequately inform these individuals of
their privacy rights under the Health Insurance Portability and
Accountability Act (HIPAA) . . . that the company's actions are
a deplorable affront to patients' privacy rights'' and called
on Enbridge to cease such practices immediately. HHS also
reported to the Committee that Enbridge's form was not HIPAA
compliant.
The hearing led to House passage of H.R. 6008, the
Corporate Liability and Emergency Accident and Notification
Act, as a first step toward holding pipeline operators
accountable for liquid or gas leaks and requiring prompt
reporting of pipeline incidents.
Date: September 22, 2010
Committee: Transportation and Infrastructure
Title: Residential Through-the-Fence Agreements at Public
Airports: Action to Date and Challenges Ahead.
Purpose: To receive testimony regarding residential
through-the-fence agreements between airport sponsors and the
owners of residential property adjacent to airports.
Result: The hearing built a record of evidence of the
dilemmas that result from situations in which Federal funds are
used to maintain and improve airports where adjacent homeowners
enjoy direct rights of access between their homes and airport
operational surfaces. Evidence established that, in some cases,
rights of airport access granted by airport sponsors to
adjacent homeowners limit the expandability and adaptability of
public-use airports and may be contrary to the purpose of
Federal investment in those airports. Consistent with testimony
presented at the hearing, the Federal Aviation Administration
(FAA) has been moving to finalize revisions to its policy on
residential through-the-fence agreements. Implementation of
these revisions, which were announced prior to the hearing,
will reduce the potential for future residential through-the-
fence access to inappropriately constrain airport development
or adversely affect aviation safety. FAA officials began
reviewing public comments on the proposed revisions following
the closing of the comment period on October 25, 2010.