```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2104 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2104

  To require public employees to perform the inspection of State and 
  local surface transportation projects, and related essential public 
     functions, to ensure public safety, the cost-effective use of 
          transportation funding, and timely project delivery.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2009

  Mr. Filner introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
  To require public employees to perform the inspection of State and 
  local surface transportation projects, and related essential public 
     functions, to ensure public safety, the cost-effective use of 
          transportation funding, and timely project delivery.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safety, Efficiency, and 
Accountability in Transportation Projects Through Public Inspection Act 
of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Public inspectors serve as the eyes, ears, and voice of 
        the public on State and local surface transportation projects 
        and help ensure that construction and seismic standards are 
        met, that projects meet safety requirements, and that the 
        materials used will stand the test of time.
            (2) Public inspectors on State and local surface 
        transportation projects ensure that tax-paying motorists get 
        what they pay for and public safety and the public interest are 
        considered first and foremost.
            (3) Outsourcing public inspection functions on State and 
        local surface transportation projects eliminates a 
        representative of the public from the construction site and 
        puts a private company in charge of inspecting the work of the 
        private construction company, creating multiple conflicts of 
        interest.
            (4) A private inspector's primary obligation and 
        responsibility is not to the public, but to the success and 
        profitability of the inspector's company. Because the private 
        construction company whose work they are inspecting on one 
        project may be a business partner on a future project, private 
        inspectors are likely to feel pressure from the private 
        contractor to take steps that ensure larger profits for both 
        firms.
            (5) These conflicts of interest may lead private inspectors 
        to cut corners and overlook problems that threaten public 
        safety, increase costs, and delay projects.
            (6) Across the United States, transportation agencies have 
        outsourced public inspection functions with disastrous results. 
        Examples of the dangers of outsourcing include the following: 
        Boston's Big Dig (where a concrete slab from a tunnel ceiling 
        fell and killed a woman), the Los Angeles Redline subway 
        (Hollywood Boulevard collapsed), and the Connecticut I-84 
        project (hundreds of drains that lead nowhere).
            (7) Commuters and taxpayers are best served by requiring 
        public inspection on State and local surface transportation 
        projects to protect public safety, use transportation revenues 
        cost effectively, and deliver projects on time.

SEC. 3. PUBLIC INSPECTION.

    Public employees shall carry out the construction inspection 
functions for all surface transportation projects receiving Federal 
funding.

SEC. 4. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Construction inspection functions.--The term 
        ``construction inspection functions'' means construction 
        engineering, contract administration, quality control 
        inspection, materials testing, and resident engineer and 
        assistant resident engineer functions.
            (2) Public employee.--The term ``public employee'' means an 
        employee of a Federal, State, or local government.
            (3) Surface transportation project.--The term ``surface 
        transportation project'' means a project receiving assistance 
        under title 23, United States Code, a capital project (as 
        defined in section 5302 of title 49, United States Code), and 
        any other project related to surface transportation that the 
        Secretary determines appropriate.
                                 <all>
```