[House Report 117-44]
[From the U.S. Government Publishing Office]


117th Congress     }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                   {       117-44

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



 
                  WASHINGTON CHANNEL PUBLIC ACCESS ACT

                                _______
                                

  May 28, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1765]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1765) to prohibit the Secretary of 
the Army from implementing a proposed rule relating to 
restricted access to the Washington Channel in Washington, 
D.C., and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Legislative History and Consideration............................     3
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Duplication of Federal Programs..................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     6

                         PURPOSE OF LEGISLATION

    The purpose of H.R. 1765, the ``Washington Channel Public 
Access Act,'' introduced by Delegate Eleanor Holmes Norton (D-
DC), would prohibit the Secretary of the Army and the U.S. Army 
Corps of Engineers (Corps) from finalizing, implementing, or 
enforcing a proposed rule that restricts public access to the 
Washington Channel in Washington, D.C., including the portion 
that abuts Fort Lesley J. McNair.

                  BACKGROUND AND NEED FOR LEGISLATION

Washington Channel and Vicinity

    The Washington Channel is a channel that parallels the 
Potomac River in Washington, D.C., between the Southwest 
Waterfront on the east side and East Potomac Park on the west 
side. The channel is approximately two miles long, receives 
outflow from the Tidal Basin at its north end, and empties into 
the Anacostia River between Hains Point and Greenleaf Point at 
its south end.
    Fort Lesley J. McNair is a United States Army post located 
in Washington, D.C. on the tip of Greenleaf Point, the 
peninsula that lies at the confluence of the Potomac River and 
the east shore of the Anacostia River. To the peninsula's west 
is the Washington Channel, while the Anacostia River is on its 
south side. Fort McNair, a part of the Joint Base Myer-
Henderson Hall based in Virginia, is the headquarters of the 
U.S. Army's Military District of Washington and home of the 
National Defense University, as well as the official residence 
of the Vice Chief of Staff of the U.S. Army.

Corps Proposal to Create Restricted Area Within the Washington Channel

    On August 8, 2019, the Corps published in the Federal 
Register a notice of proposed rulemaking to establish a 
permanent restricted area in the Washington Channel adjacent to 
Fort McNair.\1\ The stated purpose of the restricted area is to 
``fulfill Joint Base Myer-Henderson Hall (JBM-HH) security 
needs . . . including protection of VIP quarters,'' as well as 
to ``protect public health by preventing vessels from 
disturbing a planned environmental remediation area located 
near the Fort.''\2\
---------------------------------------------------------------------------
    \1\84 Fed. Reg. 38893.
    \2\Id.
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    On October 13, 2020, the Corps published in the Federal 
Register a second notice of proposed rulemaking, noting that 
``after evaluating the comments received to the [August 2019] 
proposed rule, the proposal has been revised and the Corps is 
inviting public comment on the revised proposed rule text.''\3\ 
The revised rule would also establish a permanent restricted 
area within the Washington Channel, outlined by buoys and 
warning signs, and would prohibit all persons or vessels from 
entering the restricted areas during certain national security 
events, and from ``anchoring, mooring, or loitering'' within 
the restricted area at all other times.\4\
---------------------------------------------------------------------------
    \3\85 Fed. Reg. 64434.
    \4\Id.
---------------------------------------------------------------------------
    On December 29, 2020, the Corps published in the Federal 
Register a notice that the Corps was reopening the public 
comment period on the October 13, 2020, proposed rulemaking.\5\ 
The new public comment period was extended until January 28, 
2021.
---------------------------------------------------------------------------
    \5\85 Fed. Reg. 85570.
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    In response to the proposed rules, several businesses, 
residents, and stakeholders that utilize the Washington Channel 
have expressed their opposition to the proposed restrictions. 
For example, on November 5, 2019, the Mayor of the District of 
Columbia submitted objections stating that these restrictions 
``would create a permanent restricted zone and narrow the 
navigable portion of the Washington Channel,'' and that this 
restriction ``generates a significant, negative, permanent 
impact on access to public waterways at a time when interest 
in, access to, and development along, the District's multiple 
river waterfronts are undergoing a massive renaissance.''\6\
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    \6\See https://www.regulations.gov/comment/COE-2019-0010-0049.
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    In January 2021, Delegate Norton hosted a public meeting on 
the proposed rule to restrict public access to the Washington 
Channel.\7\ Representatives from the U.S. Army and the Corps 
attended the meeting and discussed some of the security 
concerns prompting the proposed restrictions. Stakeholders have 
suggested that the U.S. Army and the Corps should first 
consider other security measures, such as constructing a fence 
along the Washington Channel, before imposing restrictions on 
the navigable portions of the river.\8\
---------------------------------------------------------------------------
    \7\See https://norton.house.gov/media-center/press-releases/norton-
announces-details-on-
washington-channel-public-meeting.
    \8\Id.
---------------------------------------------------------------------------
    On February 2, 2021, Delegate Norton wrote to the Secretary 
of Defense, Lloyd J. Austin, III, requesting him to direct the 
Corps to withdraw the proposed rule restricting public access 
to the Washington Channel while the Department of Defense, the 
Department of the Army, and the Corps explore appropriate 
security options for Fort McNair.\9\
---------------------------------------------------------------------------
    \9\See https://norton.house.gov/media-center/press-releases/norton-
calls-on-defense-secretary-to-withdraw-proposed-rule-restricting.
---------------------------------------------------------------------------
    While there have been media reports sourced to U.S. 
intelligence officials about recent specific threats made 
against the base, U.S. Army officials have stated that the 
efforts to upgrade security were not based on these reported 
threats but are part of ongoing efforts since 9/11 and the 
shootings at the Washington Navy Yard to bolster security.\10\
---------------------------------------------------------------------------
    \10\Luz Lazo, Fort McNair officials say plan for water restrictions 
are not directly linked to recent reports of Iran threats, Wash. Post, 
(Mar. 29, 2021) available at https://www.washingtonpost.com/local/
trafficandcommuting/fort-mcnair-officials-say-plan-for-water-
restrictions-are-not-directly-linked-to-recent-reports-of-iran-threats/
2021/03/29/cc6b0b34-9097-11eb-a74e-1f4cf89fd948_story.html.
---------------------------------------------------------------------------

                                HEARINGS

    For the purposes of rule XIII, clause 3(c)6(A) of the 117th 
Congress, no hearings were held to develop or consider H.R. 
1765 in the 117th Congress.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    H.R. 1765 was introduced in the House on March 10, 2021, by 
Ms. Norton and referred to the Committee on Transportation and 
Infrastructure. Within the Committee, H.R. 1765 was referred to 
the Subcommittee on Water Resources and Environment.
    The Subcommittee on Water Resources and Environment was 
discharged from further consideration of H.R. 1765 on March 24, 
2021.
    The Full Committee considered H.R. 1765 on March 24, 2021, 
and ordered the measure to be reported to the House with a 
favorable recommendation, by voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    No record votes were requested during consideration of H.R. 
1765.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 1765 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 21, 2021.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1765, the 
Washington Channel Public Access Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.





    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    	
    	
    

    H.R. 1765 would prohibit the Army Corps of Engineers from 
finalizing and implementing a proposed rule, ``Washington 
Channel, Fort McNair, Washington, D.C.; Restricted Area,'' 
which was published in the Federal Register on December 29, 
2020.
    The rule would permanently establish a restricted area that 
would allow watercraft to pass through the channel but not to 
remain in the area except with prior approval from the 
Commander of Fort McNair. Using information from the Corps, CBO 
estimates that discontinuing the rulemaking would have no 
significant effect on spending subject to appropriation.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                    PERFORMANCE GOALS AND OBJECTIVES

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
provide the Corps with Congressional direction on proposed 
public access restrictions to the Washington Channel in 
Washington, District of Columbia.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 1765 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 1765 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section provides that this bill may be cited as the 
``Washington Channel Public Access Act''.

Sec. 2. Prohibition on implementation of rule

    This section prohibits the Secretary of the Army and the 
Corps from finalizing, implementing, or enforcing the proposed 
rule, published by the Department of the Army on December 29, 
2020, that restricts public access to the Washington Channel in 
Washington, D.C.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported by the Committee, H.R. 1765 makes no changes in 
existing law.

                                  
                                  
                                  [all]