I 
112TH CONGRESS 
1ST SESSION 
H. R. 328 
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 
JANUARY 19, 2011 
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 re-
lated 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 Representa-
tives 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 2011’’. 
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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 con-
struction and seismic standards are met, that 
projects meet safety requirements, and that the ma-
terials used will stand the test of time. 
(2) Public inspectors on State and local surface 
transportation projects ensure that tax-paying mo-
torists 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 elimi-
nates a representative of the public from the con-
struction 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. 
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(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 Con-
necticut 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 in-
spection functions for all surface transportation projects 
receiving Federal funding. 
SEC. 4. DEFINITIONS. 
In this Act, the following definitions apply: 
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(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 em-
ployee’’ 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. 
Æ 
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