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 

★


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COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE 

SUMMARY OF LEGISLATIVE AND OVERSIGHT ACTIVITIES— 


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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

★ 99–006 2011

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 


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(II) 

COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE 

JAMES L. OBERSTAR, Minnesota, Chairman 

NICK J. RAHALL, II, West Virginia, Vice 

Chair 

PETER A. DEFAZIO, Oregon 

JERRY F. COSTELLO, Illinois 

ELEANOR HOLMES NORTON, District of 

Columbia 

JERROLD NADLER, New York 

CORRINE BROWN, Florida 

EDDIE BERNICE JOHNSON, Texas 

GENE TAYLOR, Mississippi 

ELIJAH E. CUMMINGS, Maryland 

LEONARD L. BOSWELL, Iowa 

TIM HOLDEN, Pennsylvania 

BRIAN BAIRD, Washington 

RICK LARSEN, Washington 

MICHAEL E. CAPUANO, Massachusetts 

TIMOTHY H. BISHOP, New York 

MICHAEL H. MICHAUD, Maine 

RUSS CARNAHAN, Missouri 

GRACE F. NAPOLITANO, California 

DANIEL LIPINSKI, Illinois 

MAZIE K. HIRONO, Hawaii 

JASON ALTMIRE, Pennsylvania 

TIMOTHY J. WALZ, Minnesota 

HEATH SHULER, North Carolina 

MICHAEL A. ARCURI, New York 

HARRY E. MITCHELL, Arizona 

CHRISTOPHER P. CARNEY, Pennsylvania 

JOHN J. HALL, New York 

STEVE KAGEN, Wisconsin 

STEVE COHEN, Tennessee 

LAURA A. RICHARDSON, California 

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 

JOHN L. MICA, Florida 

DON YOUNG, Alaska 

THOMAS E. PETRI, Wisconsin 

HOWARD COBLE, North Carolina 

JOHN J. DUNCAN, JR., Tennessee 

VERNON J. EHLERS, Michigan 

FRANK A. LOBIONDO, New Jersey 

JERRY MORAN, Kansas 

GARY G. MILLER, California 

HENRY E. BROWN, JR., South Carolina 

TIMOTHY V. JOHNSON, Illinois 

TODD RUSSELL PLATTS, Pennsylvania 

SAM GRAVES, Missouri 

BILL SHUSTER, Pennsylvania 

JOHN BOOZMAN, Arkansas 

SHELLEY MOORE CAPITO, West Virginia 

JIM GERLACH, Pennsylvania 

MARIO DIAZ-BALART, Florida 

CHARLES W. DENT, Pennsylvania 

CONNIE MACK, Florida 

LYNN A. WESTMORELAND, Georgia 

JEAN SCHMIDT, Ohio 

CANDICE S. MILLER, Michigan 

MARY FALLIN, Oklahoma 

VERN BUCHANAN, Florida 

BRETT GUTHRIE, Kentucky 

ANH ‘‘JOSEPH’’ CAO, Louisiana 

AARON SCHOCK, Illinois 

PETE OLSON, Texas 

TOM GRAVES, Georgia 


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SUBCOMMITTEE ON AVIATION 

JERRY F. COSTELLO, Illinois, Chairman 

RUSS CARNAHAN, Missouri 

MICHAEL E. MCMAHON, New York 

PETER A. DEFAZIO, Oregon 

ELEANOR HOLMES NORTON, District of 

Columbia 

BOB FILNER, California 

EDDIE BERNICE JOHNSON, Texas 

LEONARD L. BOSWELL, Iowa 

TIM HOLDEN, Pennsylvania 

MICHAEL E. CAPUANO, Massachusetts 

DANIEL LIPINSKI, Illinois 

MAZIE K. HIRONO, Hawaii 

HARRY E. MITCHELL, Arizona 

JOHN J. HALL, New York 

STEVE COHEN, Tennessee 

LAURA A. RICHARDSON, California 

JOHN A. BOCCIERI, Ohio, Vice Chair 

NICK J. RAHALL, II, West Virginia 

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) 

THOMAS E. PETRI, Wisconsin 

HOWARD COBLE, North Carolina 

JOHN J. DUNCAN, JR., Tennessee 

VERNON J. EHLERS, Michigan 

FRANK A. LOBIONDO, New Jersey 

JERRY MORAN, Kansas 

SAM GRAVES, Missouri 

JOHN BOOZMAN, Arkansas 

SHELLEY MOORE CAPITO, West Virginia 

JIM GERLACH, Pennsylvania 

CHARLES W. DENT, Pennsylvania 

CONNIE MACK, Florida 

LYNN A. WESTMORELAND, Georgia 

JEAN SCHMIDT, Ohio 

MARY FALLIN, Oklahoma 

VERN BUCHANAN, Florida 

BRETT GUTHRIE, Kentucky 

SUBCOMMITTEE ON COAST GUARD AND MARITIME 

TRANSPORTATION 

ELIJAH E. CUMMINGS, Maryland, Chairman 

CORRINE BROWN, Florida 

RICK LARSEN, Washington 

GENE TAYLOR, Mississippi 

BRIAN BAIRD, Washington 

TIMOTHY H. BISHOP, New York 

STEVE KAGEN, Wisconsin 

MICHAEL E. MCMAHON, New York, Vice 

Chair 

LAURA A. RICHARDSON, California 

JAMES L. OBERSTAR, Minnesota (Ex 

Officio) 

FRANK A. LOBIONDO, New Jersey 

DON YOUNG, Alaska 

HOWARD COBLE, North Carolina 

VERNON J. EHLERS, Michigan 

TODD RUSSELL PLATTS, Pennsylvania 

PETE OLSON, Texas 


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SUBCOMMITTEE ON ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, 

AND EMERGENCY MANAGEMENT 

ELEANOR HOLMES NORTON, District of Columbia, Chairwoman 

BETSY MARKEY, Colorado 

MICHAEL H. MICHAUD, Maine 

HEATH SHULER, North Carolina 

RUSS CARNAHAN, Missouri 

TIMOTHY J. WALZ, Minnesota 

MICHAEL A. ARCURI, New York 

CHRISTOPHER P. CARNEY, Pennsylvania 

DONNA F. EDWARDS, Maryland 

THOMAS S.P. PERRIELLO, Virginia, Vice 

Chair 

HANK JOHNSON, Georgia 

JAMES L. OBERSTAR, Minnesota (Ex 

Officio) 

MARIO DIAZ-BALART, Florida 

TIMOTHY V. JOHNSON, Illinois 

SAM GRAVES, Missouri 

SHELLEY MOORE CAPITO, West Virginia 

MARY FALLIN, Oklahoma 

BRETT GUTHRIE, Kentucky 

ANH ‘‘JOSEPH’’ CAO, Louisiana 

VACANCY 

SUBCOMMITTEE ON HIGHWAYS AND TRANSIT 

PETER A. DEFAZIO, Oregon, Chairman 

NICK J. RAHALL II, West Virginia 

JERROLD NADLER, New York 

BOB FILNER, California 

TIM HOLDEN, Pennsylvania 

BRIAN BAIRD, Washington 

MICHAEL E. CAPUANO, Massachusetts 

TIMOTHY H. BISHOP, New York 

MICHAEL H. MICHAUD, Maine 

GRACE F. NAPOLITANO, California 

DANIEL LIPINSKI, Illinois 

MAZIE K. HIRONO, Hawaii 

JASON ALTMIRE, Pennsylvania 

TIMOTHY J. WALZ, Minnesota 

HEATH SHULER, North Carolina 

MICHAEL A ARCURI, New York 

HARRY E. MITCHELL, Arizona 

CHRISTOPHER P. CARNEY, Pennsylvania 

STEVE COHEN, Tennessee 

LAURA A. RICHARDSON, California 

ALBIO SIRES, New Jersey 

DONNA F. EDWARDS, Maryland 

GENE TAYLOR, Mississippi 

LEONARD L. BOSWELL, Iowa 

RICK LARSEN, Washington 

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) 

JOHN J. DUNCAN, JR., Tennessee 

DON YOUNG, Alaska 

THOMAS E. PETRI, Wisconsin 

HOWARD COBLE, North Carolina 

JERRY MORAN, Kansas 

GARY G. MILLER, California 

HENRY E. BROWN, JR., South Carolina 

TIMOTHY V. JOHNSON, Illinois 

TODD RUSSELL PLATTS, Pennsylvania 

ILL SHUSTER, Pennsylvania 

JOHN BOOZMAN, Arkansas 

SHELLEY MOORE CAPITO, West Virginia 

JIM GERLACH, Pennsylvania 

MARIO DIAZ-BALART, Florida 

CHARLES W. DENT, Pennsylvania 

CONNIE MACK, Florida 

JEAN SCHMIDT, Ohio 

CANDICE S. MILLER, Michigan 

MARY FALLIN, Oklahoma 

VERN BUCHANAN, Florida 

AARON SCHOCK, Illinois 

TOM GRAVES, Georgia 


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SUBCOMMITTEE ON RAILROADS, PIPELINES, AND HAZARDOUS 

MATERIALS 

CORRINE BROWN, Florida Chairwoman 

DINA TITUS, Nevada 

HARRY TEAGUE, New Mexico 

NICK J. RAHALL II, West Virginia 

JERROLD NADLER, New York 

ELIJAH E. CUMMINGS, Maryland 

GRACE F. NAPOLITANO, California 

JASON ALTMIRE, Pennsylvania 

TIMOTHY J. WALZ, Minnesota, Vice Chair 

MICHAEL A. ARCURI, New York 

CHRISTOPHER P. CARNEY, Pennsylvania 

ALBIO SIRES, New Jersey 

MARK H. SCHAUER, Michigan 

BETSY MARKEY, Colorado 

MICHAEL E. MCMAHON, New York 

THOMAS S. P. PERRIELLO, Virginia 

PETER A. DEFAZIO, Oregon 

JERRY F. COSTELLO, Illinois 

BOB FILNER, California 

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) 

BILL SHUSTER, Pennsylvania 

THOMAS E. PETRI, Wisconsin 

JERRY MORAN, Kansas 

GARY G. MILLER, California 

HENRY E. BROWN, JR., South Carolina 

TIMOTHY V. JOHNSON, Illinois 

SAM GRAVES, Missouri 

JIM GERLACH, Pennsylvania 

CHARLES W. DENT, Pennsylvania 

LYNN A. WESTMORELAND, Georgia 

JEAN SCHMIDT, Ohio 

CANDICE S. MILLER, Michigan 

VERN BUCHANAN, Florida 

BRETT GUTHRIE, Kentucky 

AARON SCHOCK, Illinois 

ANH ‘‘JOSEPH’’ CAO, Louisiana 

PETE OLSON, Texas 

TOM GRAVES, Georgia 


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SUBCOMMITTEE ON WATER RESOURCES AND ENVIRONMENT 

EDDIE BERNICE JOHNSON, Texas, Chairwoman 

THOMAS S. P. PERRIELLO, Virginia 

JERRY F. COSTELLO, Illinois 

GENE TAYLOR, Mississippi 

BRIAN BAIRD, Washington 

TIMOTHY H. BISHOP, New York 

RUSS CARNAHAN, Missouri 

STEVE KAGEN, Wisconsin 

DONNA F. EDWARDS, Maryland, Vice Chair 

SOLOMON P. ORTIZ, Texas 

PHIL HARE, Illinois 

DINA TITUS, Nevada 

HARRY TEAGUE, New Mexico 

ELEANOR HOLMES NORTON, District of 

Columbia 

MICHAEL E. CAPUANO, Massachusetts 

GRACE F. NAPOLITANO, California 

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) 

JOHN BOOZMAN, Arkansas 

DON YOUNG, Alaska 

JOHN J. DUNCAN, JR., Tennessee 

VERNON J. EHLERS, Michigan 

FRANK A. LOBIONDO, New Jersey 

GARY G. MILLER, California 

HENRY E. BROWN, JR., South Carolina 

TODD RUSSELL PLATTS, Pennsylvania 

BILL SHUSTER, Pennsylvania 

MARIO DIAZ-BALART, Florida 

CONNIE MACK, Florida 

LYNN A WESTMORELAND, Georgia 

CANDICE S. MILLER, Michigan 

ANH ‘‘JOSEPH’’ CAO, Louisiana 

PETE OLSON, Texas 

TOM GRAVES, Georgia 


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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 


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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. 


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Union Calendar No. 434 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 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. 


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‘‘(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. 


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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 


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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. ll, 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 


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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. 


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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’’. 


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BILLS ENACTED INTO LAW—Continued 

Public Law No. Date enacted Bill No. Title 

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. 


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BILLS ENACTED INTO LAW—Continued 

Public Law No. Date enacted Bill No. Title 

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’’. 


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BILLS ENACTED INTO LAW—Continued 

Public Law No. Date enacted Bill No. Title 

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 

December 28, 2010.

S. 841 .................... To direct the Secretary of 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 

December 28, 2010.

H.R. 6510 .............. 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. 

P.L. 111– ....... Presented to the President on 

December 28, 2010.

H.R. 1746 .............. To amend the Robert T. 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 

December 28, 2010.

S. 3481 .................. A bill to amend the Federal Water Pollution 

Control Act to clarify Federal responsibility for stormwater pollution. 


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CONCURRENT RESOLUTIONS APPROVED BY BOTH CHAMBERS 

Resolution No. Title House Passage Senate Passage 

H. Con. Res. 37 ......................... Authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby ........................................................ March 11, 2009 March 12, 2009 H. Con. Res. 38 ......................... Authorizing the use of the Capitol Grounds for the National Peace Officers’ Memorial Service ............................................... March 11, 2009 May 12, 2009 H. Con. Res. 39 ......................... Authorizing the use of the Capitol Grounds for the District of Columbia Special Olympics Law Enforcement Torch Run ...... March 17, 2009 March 17, 2009 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.

July 31, 2009 August 5, 2009 

H. Con. Res. 247 ....................... Authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby ........................................................ May 5, 2010 May 7, 2010 H. Con. Res. 263 ....................... Authorizing the use of the Capitol Grounds for the District of Columbia Special Olympics Law Enforcement Torch Run ...... May 5, 2010 May 7, 2010 H. Con. Res. 264 ....................... Authorizing the use of the Capitol Grounds for the National Peace Officers’ Memorial Service ............................................... April 28, 2010 April 29, 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 ............ June 30, 2010 July 12, 2010 S. Con. Res. 61 ......................... A concurrent resolution 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. May 12, 2010 April 29, 2010 


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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 Courthouse to be constructed 

in Jackson, Mississippi, as the ‘‘R. Jess Brown United 

States Courthouse’’.

March 10, 2009 

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’’.

March 10, 2009 

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’’.

March 10, 2009 

H.R. 915 .................................... To amend title 49, United States Code, 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.

May 21, 2009 

H.R. 1053 .................................. To require the Office of Management and 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.

September 30, 2009 

H.R. 1178 .................................. 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, and for 

other purposes.

May 12, 2009 

H.R. 1262 .................................. To amend the Federal Water Pollution Control Act to authorize 

appropriations for State water pollution control revolving 

funds, and for other purposes.

March 12, 2009 

H.R. 1665 .................................. To structure Coast Guard acquisition processes and policies, 

and for other purposes.

July 29, 2009 

H.R. 1700 .................................. 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.

October 14, 2009 

H.R. 1747 .................................. To authorize appropriations for the design, acquisition, and 

construction of a combined buoy tender-icebreaker to replace icebreaking capacity on the Great Lakes.

April 27, 2009 

H.R. 1854 .................................. To amend the Water Resources Development Act of 1992 to 

modify an environmental infrastructure project for Big Bear 

Lake, California.

December 8, 2009 

H.R. 2093 .................................. To amend the Federal Water Pollution Control Act relating to 

beach monitoring, and for other purposes.

July 29, 2009 

H.R. 2423 .................................. A bill 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’’.

October 15, 2009 

H.R. 2454 .................................. To create clean energy jobs, achieve energy independence, reduce global warming pollution and transition to a clean 

energy economy.

June 26, 2009 

H.R. 2651 .................................. To amend title 46, United States Code, to direct the Secretary 

of Transportation to establish a maritime career training 

loan program, and for other purposes.

October 14, 2009 


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BILLS AND RESOLUTIONS THAT PASSED THE HOUSE BUT NOT ACTED ON BY THE SENATE— 

Continued 

Bill No. Title Date of House Passage 

H.R. 2843 .................................. 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, 

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.

February 3, 2010 

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’’.

September 9, 2009 

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.

December 8, 2009 

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’’.

November 17, 2009 

H.R. 3371 .................................. To amend title 49, United States Code, to improve airline 

safety and pilot training, and for other purposes.

October 14, 2009 

H.R. 3427 .................................. To amend title 23, United States Code, to protect States that 

have in effect laws or orders with respect to pay to play 

reform, and for other purposes.

September 28, 2010 

H.R. 3617 .................................. To provide an extension of Federal-aid 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.

September 23, 2009 

H.R. 3618 .................................. To provide for implementation of the International Convention 

on the Control of Harmful Anti-Fouling Systems on Ships, 

2001, and for other purposes.

November 17, 2009 

H.R. 3804 .................................. To make technical corrections to various Acts affecting the 

National Park Service, to extend, amend, or establish certain National Park Service authorities, and for other purposes.

December 7, 2009 

H.R. 3820 .................................. To reauthorize Federal natural hazards reduction programs, 

and for other purposes.

March 2, 2010 

H.R. 3960 .................................. To clarify the existing authority of, and as necessary provide 

express authorization for, public authorities to offer discounts in transportation tolls to captive tollpayers, and for 

other purposes.

September 28, 2010 

H.R. 4714 .................................. To amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for 

fiscal years 2011 through 2014, and for other purposes.

September 28, 2010 

H.R. 4715 .................................. To amend the Federal Water Pollution Control Act to reauthorize the National Estuary Program, and for other purposes.April 15, 2010 

H.R. 4786 .................................. To provide authority to compensate Federal employees for the 

2-day period in which authority to make expenditures from 

the Highway Trust Fund lapsed, and for other purposes.

March 10, 2010 

H.R. 4915 .................................. 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.

March 24, 2010 


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BILLS AND RESOLUTIONS THAT PASSED THE HOUSE BUT NOT ACTED ON BY THE SENATE— 

Continued 

Bill No. Title Date of House Passage 

H.R. 5266 .................................. To extend the final report deadline and otherwise reauthorize 

the National Commission on Children and Disasters.

July 20, 2010 

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.

September 15, 2010 

H.R. 5301 .................................. To extend the period during which the 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.

July 20, 2010 

H.R. 5481 .................................. To give subpoena power to the National Commission on the 

BP Deepwater Horizon Oil Spill and Offshore Drilling.

June 23, 2010 

H.R. 5503 .................................. To revise laws regarding liability in certain civil actions arising from maritime incidents, and for other purposes.July 1, 2010 

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.

July 20, 2010 

H.R. 5604 .................................. To rescind amounts authorized for certain surface transportation programs.July 20, 2010 

H.R. 5717 .................................. To authorize 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, and 

for other purposes.

September 28, 2010 

H.R. 5730 .................................. To rescind earmarks for certain surface transportation 

projects.

July 27, 2010 

H.R. 5825 .................................. To review, update, and revise the factors to measure the severity, magnitude, and impact of a disaster and to evaluate the need for assistance to individuals and households.

July 27, 2010 

H.R. 6008 .................................. To ensure telephonic notice of certain incidents involving hazardous liquid and gas pipeline facilities, and for other purposes.

September 28, 2010 

H.R. 6016 .................................. To provide for a GAO investigation and audit of the operations 

of the fund created by BP to compensate persons affected 

by the Gulf oil spill.

September 28, 2010 


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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. 


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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 


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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 


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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 jobyears 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 AD- VANCES FROM OIL SPILL LIABILITY TRUST FUND FOR THE DEEP- WATER 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–ll 

(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 inVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00030 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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frastructure 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. 


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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. 


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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. 


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HONORING AND CELEBRATING THE CONTRIBUTIONS OF AFRICANAMERICANS 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. 


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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 intercarrier 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 


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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, 


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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 


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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 


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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. 


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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. 


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EXPRESSING CONDOLENCES TO THE FAMILIES, FRIENDS, AND LOVED

ONES OF THE VICTIMS OF THE CRASH OF CONTINENTAL CONNEC- TION 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 IM- PORTANT 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 


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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 


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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. 


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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 


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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; 


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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 


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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. 


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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. 


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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, indate 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. 

§§ 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 


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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. 


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RECOGNIZING THE NUMEROUS CONTRIBUTIONS OF THE REC- REATIONAL 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 MA- RINE 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 


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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–ll 

(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. 


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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. 


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DIRECTS THE ADMINISTRATOR OF GENERAL SERVICES TO CONVEY A

PARCEL OF REAL PROPERTY IN HOUSTON, TEXAS, TO THE MILI- TARY MUSEUM OF TEXAS

Public Law 111–ll 

(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 CON- STRUCTION 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 


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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. 


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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, BosniaHerzegovina; 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. 


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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 


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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 neverending 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 


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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. 


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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. 


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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 


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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 


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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 


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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 supVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00064 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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porters 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. 


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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 CapVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00066 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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itol 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. 


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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. 


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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. 


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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 prorated 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. 


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PEDESTRIAN SAFETY ENHANCEMENT ACT OF 2010 

Public Law 111–ll 

(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. 


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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. 


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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 


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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. 


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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–ll 

(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 ENVI- RONMENTAL 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 


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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 ReVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00076 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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sources 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. 


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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. 

ll, 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: 


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• 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–ll, 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. 


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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. 


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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 


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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 jobyears 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 


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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–ll 

(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 


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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. 


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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. 


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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 AFRICANAMERICANS 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. 


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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 


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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 responsi- bility 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 


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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. 


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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. 


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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 postdisaster 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 

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fighting 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) 


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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 apVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00093 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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provals 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 


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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. 


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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) 


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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 


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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 MAN- AGEMENT 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. 


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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 

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nomic 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 


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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 


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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 


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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 throughthe-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. 


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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 outof-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 


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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 

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ommendation 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, 


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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. 


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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. 


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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, 


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• 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. 


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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 intercarrier 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 


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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, 


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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 


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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 


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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. 


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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. 


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EXPRESSING CONDOLENCES TO THE FAMILIES, FRIENDS, AND LOVED

ONES OF THE VICTIMS OF THE CRASH OF CONTINENTAL CONNEC- TION 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 IM- PORTANT 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 


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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 


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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. 


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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 


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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 twoyear 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 


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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 onscene 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. 


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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 


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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 


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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 


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1See 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). 

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. 

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 pasVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00126 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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senger 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 shoulderfired 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. 


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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 groundbased 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 


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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 


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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. 


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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. 


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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 

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2 NTSB, Aviation: Reduce Dangers to Aircraft Flying Icing Conditions, Most Wanted Transportation Safety Improvements, Nov. 2009. 

quirements, 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. 

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. Ondemand flights are unscheduled and operate at customers’ request. 

Examples of on-demand aircraft operations include air tours and 

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erations, 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 ondemand 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 ondemand 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 visa`-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-toVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00134 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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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 UnitedContinental 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 ecoVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00135 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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nomic 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 


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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. 


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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, 


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• 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. 


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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 


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(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 


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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. 


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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 

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tems 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, indate 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 


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homicide, suspicious death, a missing U.S. national, kidnapping, 

assault with serious bodily injury, any offense to which 18 (U.S.C.) 

§§ 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. 


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RECOGNIZING THE NUMEROUS CONTRIBUTIONS OF THE REC- REATIONAL 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 MA- RINE 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 


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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 


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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. 


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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 ACAD- EMY 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 


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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. 


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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. 


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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 oceangoing 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 OfVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00152 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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fice 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. 


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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. 


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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 followup 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 


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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. 


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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 


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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: 


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• Public Law 111–ll, 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–ll, 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’’, 


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• 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, 


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• 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. 


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Public Laws and Resolutions 

PREDISASTER HAZARD MITIGATION ACT OF 2010 

Public Law 111–ll 

(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 


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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–ll 

(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 lightindustrial 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 


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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. 


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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 


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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, BosniaHerzegovina; 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 


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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 


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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 neverending 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. 


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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 MorVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00169 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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mon 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 


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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 


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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 


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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 


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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 


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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. 


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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 


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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 


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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. §§ 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. 


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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. 


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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. 


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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 nonprofit 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 


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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. 


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TO AUTHORIZE THE BOARD OF REGENTS OF THE SMITHSONIAN INSTI- TUTION TO PLAN, DESIGN, AND CONSTRUCT A VEHICLE MAINTE- NANCE 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 INSTITU- TION 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, VIR- GINIA

(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 codeVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00183 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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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. 


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TO DESIGNATE THE UNITED STATES BANKRUPTCY COURTHOUSE LO- CATED AT 101 BARR STREET IN LEXINGTON, KENTUCKY, AS THE

‘‘SCOTT REED FEDERAL BUILDING AND UNITED STATES COURT- HOUSE’’ 

(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 


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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 


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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 highlyregarded 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 coauthored 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 


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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. 


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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 highquality 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 


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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 disasterimpacted 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 

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ing 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, MiamiDade 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. 


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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. 


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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 

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tend 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 

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development 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. 


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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-forservice’’ 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 

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trate 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.μ 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. 


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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 DIS- ASTERS

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 


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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 InspecVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00199 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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tor 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. 


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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 intragovernmental 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 


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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 RE- GIONAL 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 


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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 

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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 COURT- HOUSES: GAO RECOMMENDATIONS ON COURTHOUSE CONSTRUC- TION, 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 poliVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00204 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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cies 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 


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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. 


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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 

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itol 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. § 3307, appropriations 

are authorized to implement energy and water retrofit and conservation measures in Governmentowned 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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location 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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location 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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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; 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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; 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

Resolved by the Committee on Transportation and Infrastructure of the U.S. House of Representatives, 

that, pursuant to 40 U.S.C. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location 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 .................... Calais, ME ................................ Resolved by the Committee on Transportation and Infrastructure of the. House of Representatives, that, 

pursuant to 40 U.S.C. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location 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. § 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. § 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); 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. § 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. 


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PUBLIC BUILDING PROJECT RESOLUTIONS APPROVED—Continued 

Date Approved Location Project 

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. § 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. 


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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. § 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. § 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. § 

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. 


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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. lll, 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–lll, 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’’, 


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• 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. 


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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. 


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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 prorated 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–lll 

(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 


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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 OCCA- SION 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. 


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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. lll) 

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. lll, 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 


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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. 


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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 


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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. 

§ 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-toplay laws as potentially conflicting with the competitive bidding requirements that apply to the use of Federal-aid highway funds in 

23 U.S.C. § 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 levVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00257 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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els 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 RE- SEARCH REPORT AND ISSUE GUIDANCE TO THE STATES WITH RE- SPECT TO REDUCING LIGHTING ON THE FEDERAL-AID SYSTEM DUR- ING PERIODS OF LOW TRAFFIC DENSITY, AND FOR OTHER PUR- POSES

(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. 


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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. 


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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, 


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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 

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nication 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 


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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, 


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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. 


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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 


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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 


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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 


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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. 


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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. ll, 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’’. 


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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 


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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. 


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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. ll) 

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. ll, 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. 


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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 highspeed 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 


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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 trainthe-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 


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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 


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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 


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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. 


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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. 


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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 highspeed 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 


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(‘‘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 crewaccessible 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. 

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nect 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 highspeed 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. ll 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. 


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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. 


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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. 


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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 


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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–ll, 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 alVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00285 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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lowing 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– ll 

(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. 


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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 inVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00287 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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formation 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. 


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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. 


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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 approVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00290 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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priations 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 InterAgency 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. 


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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 longterm, 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 apVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00292 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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point 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 onehalf 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 preceVerDate Mar 15 2010 09:38 Jan 20, 2011 Jkt 099006 PO 00000 Frm 00293 Fmt 6604 Sfmt 6602 E:\HR\OC\HR711.XXX HR711

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dents 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 


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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 


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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. 


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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 nonfederal 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. 


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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 


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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 


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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 

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resenting 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. 


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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. 


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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 InterTribal 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 

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ments 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. 


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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 


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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 


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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 


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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. 


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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 

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port, 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 


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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 


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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 

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onstrates 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. 


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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 


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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 


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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-thefence 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. 


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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 throughthe-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. 


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