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[House Report 111-540]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
  2d Session               HOUSE OF REPRESENTATIVES             111-540
                                                      
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TO DEAUTHORIZE A PORTION OF THE PROJECT FOR NAVIGATION, POTOMAC RIVER, 
WASHINGTON CHANNEL, DISTRICT OF COLUMBIA, UNDER THE JURISDICTION OF THE 
                           CORPS OF ENGINEERS 

                                _______
                                

 July 15, 2010.--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

                        [To accompany H.R. 5545]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (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, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                       PURPOSE OF THE LEGISLATION

    H.R. 5545 deauthorizes a portion of the Federal project for 
navigation, Potomac River, Washington Channel, District of 
Columbia, under the jurisdiction of the U.S. Army Corps of 
Engineers (Civil Works).

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 5545 deauthorizes a portion of 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, 
which includes the Spirit Ship Dock.
    The Committee solicited the views of the U.S. Army Corps of 
Engineers, the U.S. Coast Guard, and the U.S. Navy regarding 
the proposed deauthorization. Based on communications from each 
of these agencies, the Committee is not aware of any opposition 
to the proposed deauthorization of this segment of the 
Washington Channel, District of Columbia.

                       SUMMARY OF THE LEGISLATION

    H.R. 5545 deauthorizes a designated portion of the Federal 
project for navigation, Potomac River, Washington Channel, 
District of Columbia.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On June 16, 2010, Delegate Eleanor Holmes Norton introduced 
H.R. 5545.
    On July 1, 2010, the Committee met in open session to 
consider H.R. 5545. The Committee on Transportation and 
Infrastructure ordered H.R. 5545 reported favorably to the 
House by voice vote with a quorum present.

                              RECORD 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. There were no recorded votes taken in connection 
with consideration of H.R 5545 or ordering the bill reported. A 
motion to order H.R. 5545 reported favorably to the House was 
agreed to by voice vote with a quorum present.

                      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.

                          COST OF LEGISLATION

    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.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
deauthorize a designated portion of the project for navigation, 
Potomac River, Washington Channel, District of Columbia.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 5545 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 13, 2010.
Hon. James L. Oberstar,
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. 5545, a bill to 
deauthorize a portion of the project for navigation, Potomac 
River, Washington Channel, District of Columbia, under the 
jurisdiction of the Corps of Engineers.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aurora 
Swanson.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 5545--A bill 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 would deauthorize a portion of the navigation 
project currently under the jurisdiction of the Corps of 
Engineers located in the Washington Channel of the Potomac 
River in the District of Columbia. Based on information from 
the Corps of Engineers and the National Park Service, CBO 
estimates that enacting this legislation would have no effect 
on the federal budget.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    This federal navigation project was authorized in 1935 and 
includes three channels in the Potomac River in the Washington, 
D.C., area. The bill would deauthorize the navigation project 
for about 50 percent of one of the channels. The area includes 
a 200-foot-wide band stretching from south of Interstate 395 in 
the Washington Channel to just past Fireboat Pier 5, covering 
777,284 square feet. Deauthorizing this area could reduce the 
need for appropriated funds for any future dredging in the 
area; however, the Corps of Engineers has no plans to dredge 
the area in the next few years.
    H.R. 5545 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Aurora Swanson, 
The estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
5545 does not contain any earmarks, limited tax benefits, or 
limited tariff benefits under clause 9(e), 9(f), or 9(g) of 
rule XXI. However, in the interests of full disclosure and 
transparency, the Committee, under the leadership of Chairman 
James L. Oberstar, requires Members of Congress to comply with 
all of the requirements of clause 9 of rule XXI and clause 17 
of rule XXIII if the Member of Congress requests that the 
Committee take legislative action targeted to a specific State, 
locality, or Congressional district.
    H.R. 5545 is sponsored by Delegate Eleanor Holmes Norton, 
District of Columbia.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 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 states that H.R. 5545 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 are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

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

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 5545 makes no changes in existing law.

                                  
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