I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safety, Efficiency, and 

5 Accountability in Transportation Projects Through Public 

6 Inspection Act of 2009’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Public inspectors serve as the eyes, ears, 

4 and voice of the public on State and local surface 

5 transportation projects and help ensure that con6 struction and seismic standards are met, that 

7 projects meet safety requirements, and that the ma8 terials used will stand the test of time. 

9 (2) Public inspectors on State and local surface 

10 transportation projects ensure that tax-paying mo11 torists get what they pay for and public safety and 

12 the public interest are considered first and foremost. 

13 (3) Outsourcing public inspection functions on 

14 State and local surface transportation projects elimi15 nates a representative of the public from the con16 struction site and puts a private company in charge 

17 of inspecting the work of the private construction 

18 company, creating multiple conflicts of interest. 

19 (4) A private inspector’s primary obligation and 

20 responsibility is not to the public, but to the success 

21 and profitability of the inspector’s company. Because 

22 the private construction company whose work they 

23 are inspecting on one project may be a business 

24 partner on a future project, private inspectors are 

25 likely to feel pressure from the private contractor to 

26 take steps that ensure larger profits for both firms. 


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1 (5) These conflicts of interest may lead private 

2 inspectors to cut corners and overlook problems that 

3 threaten public safety, increase costs, and delay 

4 projects. 

5 (6) Across the United States, transportation 

6 agencies have outsourced public inspection functions 

7 with disastrous results. Examples of the dangers of 

8 outsourcing include the following: Boston’s Big Dig 

9 (where a concrete slab from a tunnel ceiling fell and 

10 killed a woman), the Los Angeles Redline subway 

11 (Hollywood Boulevard collapsed), and the Con12 necticut I–84 project (hundreds of drains that lead 

13 nowhere). 

14 (7) Commuters and taxpayers are best served 

15 by requiring public inspection on State and local 

16 surface transportation projects to protect public 

17 safety, use transportation revenues cost effectively, 

18 and deliver projects on time. 

19 SEC. 3. PUBLIC INSPECTION. 

20 Public employees shall carry out the construction in21 spection functions for all surface transportation projects 

22 receiving Federal funding. 

23 SEC. 4. DEFINITIONS. 

24 In this Act, the following definitions apply: 


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1 (1) CONSTRUCTION INSPECTION FUNCTIONS.— 

2 The term ‘‘construction inspection functions’’ means 

3 construction engineering, contract administration, 

4 quality control inspection, materials testing, and 

5 resident engineer and assistant resident engineer 

6 functions. 

7 (2) PUBLIC EMPLOYEE.—The term ‘‘public em8 ployee’’ means an employee of a Federal, State, or 

9 local government. 

10 (3) SURFACE TRANSPORTATION PROJECT.—The 

11 term ‘‘surface transportation project’’ means a 

12 project receiving assistance under title 23, United 

13 States Code, a capital project (as defined in section 

14 5302 of title 49, United States Code), and any other 

15 project related to surface transportation that the 

16 Secretary determines appropriate. 

Æ 


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