Members of the Committee on Transportation and Infrastructure
U.S. House of Representatives
110th Congress
Majority (2165 RHOB) - (202) 225-4472
Minority (2163 RHOB) - (202) 225-9446
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James L. Oberstar, Minnesota, Chairman
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Oversight Plan
Committee on Transportation and Infrastructure
Oversight Plan for the 110th Congress
February 7, 2007
In the 110th Congress, the Committee on Transportation and Infrastructure will actively review the activities of government entities under its jurisdiction. The Committee will provide oversight to ensure that these agencies implement the laws, programs, and policies within the Committee’s jurisdiction in a manner that is consistent with statutory intent. As appropriate, the Committee will also investigate ways to improve the overall operation of such agencies and eliminate waste or fraud. During the course of conducting oversight and investigation activities, the Committee will continue to utilize the Government Accountability Office (GAO) and the various Inspectors General within the agencies and departments under its jurisdiction.
The oversight and investigation functions of the Committee are conducted by the Full Committee, in coordination with the subcommittees, and by the individual subcommittees. Full Committee oversight allows the Committee to address cross-cutting issues and emerging trends that are not under the clear jurisdiction of any one subcommittee. It also ensures a consistent level of investigation activity over all agencies and programs under the Committee’s authority.
For example, increasing congestion is a problem that spans all modes and affects our railroads, waterways, highways, and air traffic system. A coordinated oversight agenda will facilitate defining the problems and developing multi-modal solutions and reforms to relieve congestion problems. The Committee will continue to oversee issues that relate to the vitality of the transportation industry, as these issues are of concern to each of the subcommittees. In addition, protecting the safety and security of the traveling public is critically important to every mode of transportation and requires significant attention and review.
As usage of our transportation network continues to grow, so does the amount of fuel required to move of people and goods. Each year, the transportation sector consumes a larger share of the total petroleum used in this country. On February 2, 2007, the United Nations Intergovernmental Panel on Climate Change released a report that concludes that there is a more than 90 percent certainty that the startling changes to our climate, which scientists have observed, are caused by human activity, or more specifically, the burning of fossil fuels. Faced with this reality, for mobility and transportation options to continue to expand, we must seek alternative sources of energy to power transportation. The Committee will examine the close connection between transportation policy and energy policy and look at solutions under the Committee’s jurisdiction to increase the energy efficiency of the transportation industry while reducing our nation’s dependence on foreign oil. In addition, the Committee will look at ways the Federal Government can lead by example on energy efficiency by expanding the use of alternative or renewable resources to provide electricity in public buildings.
The Committee will also continue to monitor the emerging role of satellites as a fundamental part of the transportation infrastructure, affecting all modes of travel. In the 108th Congress the Committee initiated an assessment of existing satellite infrastructure and utilization, including an inventory of both government-owned and commercial U.S. satellites. That evaluation disclosed a number of critical relationships between satellites and transportation policies, including the fact that the Department of Transportation is the lead federal agency in guiding civilian policy on Global Positioning Satellites (GPS). Areas of responsibility within the Committee on Transportation and Infrastructure uniquely affected by satellite utilization include: navigation, positioning, and timing services used by the public and the transportation industry; tracking cargo on an intermodal basis for security and safety; providing communications for the traveling public on common carriers and real-time links for the transportation industry; managing the national airspace; and developing the navigation infrastructure.
SUBCOMMITTEE ON AVIATION
1. Funding of the Federal Aviation Administration (FAA). The FAA’s aviation programs, as well as the authorization of the existing aviation tax structure that provides revenue for the Aviation Trust Fund, will expire in FY 2007. During this reauthorization, the Subcommittee will focus on the financial condition of the Aviation Trust Fund, and possible alternative mechanisms for financing the future needs of the aviation system. For the last few years, revenue into the Trust Fund has been less than FAA-forecasted amounts, and thus the Trust Fund’s uncommitted cash balance has been depleted. Whether Trust Fund revenues will be adequate to meet the FAA’s needs in the next few years will depend largely on the near-term funding requirements of the Next Generation Air Transport System (NGATS). NGATS is envisioned as a major redesign of the air transportation system that will involve precision satellite navigation; digital, networked communications; an integrated weather system and other features. The FAA is expected to propose the fundamental restructuring of the aviation tax system in the form of a “cost-based” user-fee system. The FAA will submit its proposal to Congress early in the 110th Congress.
2. Evaluation of FAA’s Facilities and Equipment Program. The FAA's Facilities and Equipment (F&E) program includes development, installation, and transitional maintenance of navigational and communication equipment to aid aircraft travel. This program supplies equipment for more than 3,500 facilities, including air traffic control (ATC) towers, flight service stations in Alaska, and radar facilities. The F&E program is also the FAA’s primary vehicle for modernizing the National Airspace System (NAS). Broadly defined, the term “NAS modernization” refers to the FAA’s ongoing effort to obtain new surveillance, automation, and communications systems. The FAA’s original plan to modernize the ATC system began in the early 1980s and was supposed to be completed by the early 1990s at a projected cost of $12 billion. Unfortunately, NAS modernization has been fraught with significant cost overruns, delays, and high-profile failures – most notably the FAA’s original program, the Advanced Automation System (AAS). In 1994, the FAA cancelled portions of the AAS program and split the remaining systems into several phases, and in some cases, re-bid the contracts. More recently, the Standard Terminal Automation Replacement System, the Wide Area Augmentation System, and the Airport Surveillance Radar-Model 11 programs have experienced overruns and schedule slips. The Government Accountability Office estimates that, to date, the FAA has spent $43.5 billion on NAS modernization. The FAA has been working to address the problems with several of these programs. In fact, both the Government Accountability Office (GAO) and the Department of Transportation Inspector General (DOT IG) have noted improvements in how major acquisitions have been managed since the establishment of the ATO. The DOT IG noted last year that they are not seeing the massive cost growth or schedule slips of the past. The Subcommittee will continue to oversee FAA's major legacy acquisitions and the FAA’s attempts to develop and implement the NGATS.
3. Safety Programs. In this post September 11th era, many of the airline industry’s legacy carriers have resorted to closing their own maintenance bases and have increased their use of outside maintenance providers to perform critical long-term maintenance, including: airframe repairs, aging aircraft modifications, engine overhauls, and advanced avionics maintenance. At the end of calendar year 2005, nine of the major airlines were spending 62 percent of their approximately $5.5 billion maintenance dollars on outsourced maintenance providers. This increased use of outside maintenance vendors creates several challenges for the FAA, not the least of which is ensuring that it has adequate resources to oversee the organizations actually conducting the maintenance work. The Subcommittee will continue to monitor the FAA’s ability to oversee air carrier safety programs, including domestic and foreign repair station work. In addition to FAA oversight of aircraft maintenance, the Subcommittee will focus on runway safety, FAA safety rulemakings, fatigue, and other important safety issues.
4. Controller Workforce Staffing. FAA controllers staff some 316 federally operated facilities. The FAA states that to address expected air traffic controller retirements, more than 11,800 controllers will need to be hired through FY 2015. In 2006, the FAA hired 1,116 controllers. Because the total loss of controllers (including retirements) was slightly higher than estimated, the FAA adjusted its hiring in September 2006 to bring in more new hires in that fiscal year. In FY 2007, the FAA plans to hire approximately 1,386 controllers. Currently, the FAA has approximately 2,000 eligible controller candidates on a hiring waitlist. In addition, the FAA has about 2,000 candidates that have been selected by the Central Selection Panels in the last three to six months and are going through the approval process. There are also approximately 500 – 800 CTI graduates each year that are added to the hiring pool. However, hiring new controllers is a complex process. Controllers are highly skilled professionals and it takes several years to complete on-the-job training. According to the FAA, the failure rate for controller trainees in both the FAA Academy and in air traffic control (ATC) facilities is approximately five and eight percent, respectively. Replacing a controller who retires must begin several years in advance. The Subcommittee will continue to monitor FAA’s implementation of its Controller Workforce Plan.
5. Airline Industry. U.S. commercial aviation helps contribute to $1.2 trillion in output and approximately 11.4 million U.S. jobs. Between 2001 and 2005, the aviation industry posted $35 billion in cumulative net losses, including a $5.7 billion net loss in 2005. Contributing to these losses are the economic slowdown, a decline in business travel, the aftermath of the September 11th terrorist attacks, the SARS epidemic, increased competition within the industry and, record fuel prices. Several airlines declared bankruptcy and some continue to restructure through that process. Recently, U.S. Airways withdrew their bid to take over Delta Airlines, which is still in bankruptcy. Such a merger could have had an adverse impact on fares, competition, and service to small communities, and also might have sparked other mergers between large network carriers. As to the airlines’ future financial condition, an airline association is forecasting earnings of $2-3 billion for 2006 and $4 billion for 2007 for U.S. passenger and cargo airlines. However, because airline debt level remains high, this industry is still vulnerable to fuel spikes, recession or other external issues (e.g., terrorism). The Subcommittee will continue to monitor the health of the airline industry and the potential impacts of any industry consolidation.
6. International Aviation. On November 18, 2005, the United States and the European Union (EU) reached agreement on the text of a first-stage comprehensive air transport agreement and related Memorandum of Consultations. If approved by the EU Transport Council, the agreement would replace existing bilateral agreements with the Member States, thus establishing Open Skies between the U.S. and the entire EU. Although not formally a part of the Open Skies agreement, the issue of foreign investment in U.S. air carriers became a pivotal issue to the discussions between the U.S. and the EU. There was strong, bipartisan opposition to a Department of Transportation (DOT) proposal to define evaluation criteria for determining “actual control” of foreign interests on U.S. airlines. In the face of this bipartisan, bicameral opposition, DOT withdrew the proposal on December 5, 2006. The EU has not yet decided whether to endorse the proposed Open Skies agreement without the change in foreign investment policy. The U.S. and EU are set to resume formal negotiations in February. In addition, the European Commission has developed a legislative proposal to extend its Emissions Trading Scheme to cover civil aviation. The Commission’s intent is to cover all flights departing to or from EU airports, including those of non-EU airlines. The U.S. has serious questions about such an initiative, including the underlying science, the potential for discriminatory impacts, and the legal practicability of a mandatory international system. The Subcommittee will be monitoring these important international aviation issues this session.
7. Security Programs. Congress passed the Intelligence Reform and Terrorism Prevention Act of 2004 to implement the recommendations of the 9/11 Commission. This legislation also included aviation security provisions, such as pilot licensing, biometrics technology for airport access control, screening technology at airport passenger check points and checked baggage systems, and missile defense systems for civil aircraft. The Subcommittee will continue its oversight responsibility of programs administered by the Department of Homeland Security and the Transportation Security Administration on matters that directly affect the civil aviation system.
8. National Transportation Safety Board. The NTSB investigates many transportation accidents, including aviation accidents and major highway, railroad, pipeline, maritime, and public transit accidents. After investigating an accident, the NTSB determines the probable cause(s) of the accident and issues a formal report. This process typically takes from nine to eighteen months. The NTSB is statutorily required to make a probable cause determination on all aviation accidents. In general, the NTSB relies upon the FAA to conduct the on-scene investigation on its behalf for most non-fatal aviation accidents and for some fatal aviation accidents in which the cause is obvious and there is little chance of deriving a safety benefit from the investigation. The Aviation Subcommittee traditionally takes the lead on reauthorization of the NTSB, even though the NTSB investigates many transportation accidents, including aviation, highway, marine, rail, and pipeline. The NTSB reauthorization will expire at the end of FY 2008. The Subcommittee will continue its oversight of the NTSB and of any recommendations made to the FAA on aviation safety.
SUBCOMMITTEE ON COAST GUARD AND MARITIME TRANSPORTATION
1. Maritime Transportation Security. The Maritime Transportation Security Act of 2002 (P.L. 107-295) and the Coast Guard and Maritime Transportation Act of 2004 (P.L. 108-293) established numerous measures to enhance the security of the U.S. Maritime Transportation System. The Subcommittee plans to continue oversight of the Coast Guard’s efforts to improve security in U.S. ports and waterways and on vessels transiting in U.S. waters. The Subcommittee will oversee the implementation of measures to enhance port security and will continue to examine the current port security and vessel security programs to determine if there are areas that remain to be addressed. The Subcommittee also plans to investigate international efforts to implement a comprehensive maritime security framework through the International Maritime Organization.
2. Maritime Domain Awareness. The Coast Guard has spearheaded an interagency effort to enhance awareness of activities that occur within the maritime domain. Maritime domain awareness has been defined as the effective knowledge of all activities associated with the global maritime environment that could impact the security, safety, economy, or environment of the United States. The Maritime Transportation Security Act of 2002 and the Coast Guard and Maritime Transportation Act of 2004 require the Coast Guard to develop vessel tracking systems to enhance vessel identification and tracking capabilities in coastal waters and on the high seas. The Subcommittee plans to oversee the development and expansion of these systems as well as other measures to improve overall maritime domain awareness.
3. Cargo Security. The Subcommittee will oversee and investigate the Coast Guard’s and the Department of Homeland Security’s efforts to secure maritime cargo containers both at U.S. ports and abroad. The Subcommittee will also investigate the efforts being made in major international and domestic ports to scan maritime cargo containers for biological, chemical, nuclear, radiological, and explosive materials. Additional legislation to improve cargo scanning may be considered.
4. Effects of Security Regulations and the Growth in Trade on the Flow of Maritime Commerce. The Subcommittee will investigate the effects that growth in U.S. international waterborne trade and regulations to enhance vessel, waterway, and port security have had on the flow of maritime commerce in and out of U.S. ports.
5. Programmatic Changes to the Integrated Deepwater System Program. The Coast Guard is continuing their multi-year asset recapitalization program, the Integrated Deepwater System (Deepwater) program. The Subcommittee will continue its oversight of this program and investigate problems with this acquisition that have led to eight of the 123-foot patrol boats that were altered to be taken out of service because they are unsafe to operate. The Subcommittee will also examine the issues regarding the design and construction of the National Security Cutters and whether they will be able to provide service to the Coast Guard for their full 30 year projected life without structural problems. The Subcommittee will also examine the impacts of Deepwater spending on the Coast Guard’s other capital asset needs.
6. Status of Coast Guard Legacy Assets. The Deepwater program is designed to replace or refit existing Coast Guard vessels and aircraft over a 24-year schedule. However, the Coast Guard will continue to rely on its legacy fleet of vessels and aircraft until these new assets are procured under the Deepwater program. The Subcommittee is extremely concerned about the safety of Coast Guard personnel who serve aboard these vessels and aircraft as well as the Coast Guard’s ability to successfully carry out its many missions aboard these assets. The Subcommittee will continue to hold hearings to investigate the status of the Coast Guard’s legacy assets and the possibility of accelerating the procurement of replacement assets under the Deepwater program.
7. Coast Guard Research, Development, Test, and Evaluation. Funding for the Coast Guard’s Research, Development, Test, and Evaluation (RDT&E) program supports the development of techniques, methods, equipment, and systems that enhance the Service’s operational capabilities. The Coast Guard has identified several key areas of concentration including research programs that will enhance maritime safety, maritime mobility, marine environmental protection, and maritime domain awareness. Many of these research programs support the development of strategies and resources aimed to improve the Service’s ability to perform its traditional missions of search and rescue, drug and migrant interdiction, marine environmental protection, icebreaking operations, and aids to navigation. The Subcommittee will continue to closely oversee the RDT&E program to ensure that the program remains under the Coast Guard’s control and will closely monitor the scope of the research program to make certain that the program continues to include traditional missions.
8. The Coast Guard’s Traditional Missions. The Coast Guard is a unique government entity that is both a uniformed military service and a federal agency with regulatory and enforcement responsibilities. The Subcommittee will continue to oversee the Coast Guard’s traditional missions that include search and rescue, the protection of marine safety, the maintenance and establishment of aids to navigation, icebreaking operations, fisheries law enforcement, marine environmental protection, and drug and migrant interdiction to ensure that the Service maintains its capabilities to carry out its many and varied missions in addition to its increasing homeland security responsibilities. The Subcommittee will give particular attention to whether the Coast Guard has sufficient assets to respond to any mass migration event from Cuba that may occur.
9. Mission Balance. After the events of September 11th, the Coast Guard was identified as the lead federal agency with responsibilities over maritime homeland security. The Coast Guard has incorporated these increased responsibilities with the many traditional missions that the Service continues to carry out each day. The Subcommittee remains concerned, however, about the balance between the Coast Guard’s homeland security and traditional missions. The Subcommittee will continue to oversee the Coast Guard’s mission performance to determine if the Service has the resources necessary to both protect homeland security and carry out its important traditional missions in U.S. waters.
10. Introduction of Aquatic Invasive Species via Ballast Water. The Subcommittee, in coordination with the Subcommittee on Water Resources and Environment, will monitor the Coast Guard’s implementation and enforcement of regulations that require all vessels carrying ballast water to undergo ballast water exchange on the high seas before entering U.S. waters from points beyond the Exclusive Economic Zone. The Subcommittee will also investigate the Coast Guard’s Shipboard Technology Evaluation Program (STEP) to demonstrate and evaluate emerging ballast water treatment technologies aboard vessels. The Subcommittee will monitor international attempts to require ballast water management under the International Convention for the Control and Management of Ships’ Ballast Water and Sediments. The Subcommittee will examine existing statutes related to the introduction of invasive species via ballast water and may consider legislation to require improved ballast water management over the next decade.
11. National Distress and Response System Modernization Project (Rescue 21). The Coast Guard is in the process of modernizing the National Distress and Response System which provides two-way voice communication coverage in coastal areas and along navigable waterways. The modernized system, Rescue 21, will cover a greater area and will increase the Coast Guard’s capabilities to monitor distress calls and communicate with recreational and commercial vessels in distress. The modernization project was scheduled to be completed in fiscal year 2006; however, progress has been slow and funding for the system has been withheld in recent appropriations bills. The Subcommittee will hold oversight hearings to investigate the status of two-way communications equipment development and installation and the implementation schedule for the program.
12. Short Sea Shipping. Transportation experts have identified the benefits for developing short sea shipping as part of the national transportation system. Development of short sea shipping may increase our national freight capacity, decrease congestion, improve air quality, and reduce the need to build other infrastructure. The Subcommittee will conduct oversight hearings on the challenges to developing a short sea shipping system in the coastwise trade of the United States and what the role of the Federal Government may be in the development of this freight and passenger transportation system.
13. Status of the U.S.-flag Merchant Marine. The U.S.-flag fleet engaged in the U.S. foreign trade has been on a continuous decline since the end of World War II. The Subcommittee will conduct oversight hearings on the decline of the U.S.-flag merchant marine and options to promote this industry.
14. Marine Safety. The Subcommittee will conduct oversight hearings on safety issues in the U.S. maritime industry, including on commercial fishing vessels. The Subcommittee will also oversee the marine casualty investigation program of the Coast Guard to ensure that this program gathers and provides the information needed to continue to make U.S. marine transportation safer.
15. Maritime Education, Training, and Recruitment. Segments of the U.S. maritime industry are having difficulty recruiting and retaining personnel. Many mariners are retiring. In addition, it may be difficult for individuals employed in the maritime industry to meet increased licensing and certification standards due to the cost of the programs. The Subcommittee will hold a hearing on the training, recruitment, and retention requirements in the U.S. maritime industry.
16. Marine Law Enforcement. The Subcommittee will conduct a hearing on the Coast Guard’s marine law enforcement missions including drug and migrant interdiction and fisheries law enforcement.
17. Recreational Boating Safety. The Subcommittee will continue to monitor the state of recreational boating safety in the United States.
18. Oil Pollution Act of 1990. The Subcommittee will continue to oversee the Coast Guard’s efforts to prevent and respond to oil spills under the Oil Pollution Act of 1990, in coordination with the Subcommittee on Water Resources and Environment.
19. Ship Disposal. The Maritime Administration (MARAD) is responsible for maintaining the National Defense Reserve Fleet (NDRF). The fleet consists of both the Ready Reserve Force (RRF) vessels, which can be activated within four to 30 days in case of a national need, and the non-retention vessels which are no longer operational due to severe deterioration. MARAD currently maintains more than 140 non-retention vessels at three locations (the James River Reserve Fleet in Virginia; the Beaumont Reserve Fleet in Texas; and the Suisun Bay Reserve Fleet in California) that are in need of disposal. These vessels contain hazardous substances such as lead paint, asbestos, and solid and liquid polychlorinated biphenyls (PCBs). MARAD has experienced a severe inability to arrange for and fund the disposal of these ships in recent years. The Administration has not met the September 30, 2006 statutory deadline for the disposal of all NDRF vessels not assigned to the RRF. The Subcommittee will conduct oversight to find ways for MARAD to meet its statutory obligations to dispose of these vessels.
SUBCOMMITTEE ON ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY MANAGEMENT
1. Emergency Management and Federal Emergency Management Agency (FEMA) Reform. The Subcommittee will continue to review and assess the nation's ability to prevent, prepare for, mitigate, respond to, and recover from disasters and emergencies of all types. In the 109th Congress, Congress passed the “Post-Katrina Emergency Management Reform Act of 2006” as part of the FY 2007 Homeland Security Appropriations Act (Title VI of P.L. 109-295). The Subcommittee intends to take an aggressive role in the oversight of the newly reorganized FEMA within the Department of Homeland Security (DHS).
2. Recovery from Hurricanes Katrina and Rita. The Subcommittee will hold hearings on post- Hurricanes Katrina and Rita response and recovery issues. There are still issues involving the long-term recovery of the Gulf Coast including housing and redevelopment. The Subcommittee intends to continue its review of the Federal Government’s response to disasters. Included in this review may be an examination of how assistance is provided and to whom and how federal, state, and local governments are preparing and coordinating their all-hazards efforts in advance of any type of emergency.
3. Economic Development Administration (EDA). In 2004, Congress authorized EDA for an additional four years. As part of its ongoing oversight of EDA’s programs, the Subcommittee will carefully review how EDA is using its new authorities, including how funding decisions are made, and how recent budgetary changes are impacting the efficiency of the agency. The Subcommittee remains concerned about the depleted personnel levels and the ability of the agency to deliver services to its users.
4. Appalachian Regional Commission (ARC). In preparation for reauthorization of the ARC in the 110th Congress, the Subcommittee will continue to examine the activities of the ARC, including how the Commission is meeting the needs of distressed counties, how it uses new and innovative ways to promote economic development, and its track record of success since the last reauthorization.
5. Other Regional Economic Development Authorities. The Subcommittee will continue to closely examine the activities of the other established regional economic development authorities – the Delta Regional Authority, the Denali Commission, and the Northern Great Plains Regional Authority.
6. GSA Broker Contracts. On October 4, 2004, the General Services Administration (GSA) awarded four contracts as a part of its national brokerage program. Under this program, the four contractors provide at least 50 percent of GSA’s lease acquisition activities nationwide and on a regional basis. The Subcommittee will examine the program’s implementation, including how GSA will address some of the systemic weaknesses in the program identified by the Subcommittee, the GSA Inspector General, and GAO. The Subcommittee will make recommendations to the agency regarding further implementation of the program.
7. GSA Lease Authority Delegation. Under Title 40 of the United States Code, the Administrator of General Services may delegate to other federal agencies the authority to lease space. In recent years, the Committee has limited the Administrator’s exercise of that delegation when authorizing lease prospectuses. The Subcommittee will review the Administrator’s lease delegation practices and, if necessary, consider further steps regarding its use.
8. Real Property Management. Over the past several years, GSA has become increasingly interested in improving the management of its real property assets across the country through the use of enhanced property management tools. These tools include outleasing, public-private partnerships, and the sale or disposal of under-performing properties. The Subcommittee held hearings on this issue in 1999 and in 2002. The Subcommittee will continue to closely monitor GSA’s property management as well as consider the passage of specific legislation granting the authority for GSA to use enhanced tools on a limited basis.
9. National Capital Region. The Subcommittee staff will continue to meet regularly with representatives of the GSA National Capital Region to discuss a variety of ongoing projects and issues. Among these are: the use of the Old Post Office Pavilion, the continued development of the Southeast Federal Center, the development of the St. Elizabeth’s Hospital Campus, the development of the NOMA corridor (North of Massachusetts Avenue), and several other smaller development and construction projects.
10. Capital Investment and Leasing Program. As part of the Committee’s annual work to review and authorize GSA’s requests for authority to repair, alter, construct and lease property for use by federal agencies, the Subcommittee will review each prospectus presented to the Committee and recommend approval only after the Subcommittee is satisfied that the requests are cost-effective and in the best interest of the Federal Government.
11. Federal Protective Service. As a part of the Homeland Security Act of 2002, the Federal Protective Service (FPS) was transferred from the Public Buildings Service of GSA to the Department of Homeland Security (DHS); however, responsibility for the protection of federal buildings generally remains with GSA. The Subcommittee is concerned that FPS’s placement in the Immigration and Customs Enforcement (ICE) division within DHS will not utilize FPS’s strengths and capabilities to the fullest. Further, the Committee is concerned that placing FPS, a fee for service account, within ICE’s appropriated account has contributed to financial confusion and potential mismanagement. The Subcommittee will monitor this management issue and continue to review the policies, procedures, and requirements for security at public buildings, including a review of the implementation of these policies, procedures, and requirements by FPS.
12. Administrative Office of the Courts (AOC). The Subcommittee will conduct oversight of the Courts’ budget as well as the Courts’ ongoing efforts to find efficiencies and reduce its projected capital and operating costs. The Subcommittee has requested a court utilization study and will continue its review of courthouse construction. In addition, it will review the AOC’s Design Guide and the five-year courthouse construction plan proposed by the AOC.
13. DHS Headquarters. During the 108th Congress, Congress passed legislation that transferred the Department of the Navy’s Nebraska Avenue Complex (NAC) to the General Services Administration for use as a headquarters for the Department of Homeland Security. To make this space suitable for use, GSA will have to undertake a significant modernization program of the existing facilities. The Subcommittee intends to closely monitor GSA’s activities to ensure appropriate use of funds. The Subcommittee also supports efforts by the Administration to house the Coast Guard in a new headquarters building on the St. Elizabeth’s Campus.
14. Architect of the Capitol. The Subcommittee will continue ongoing oversight of projects being undertaken by the Architect of the Capitol, including redevelopment of the O’Neill House Office Building site, construction of the Capitol Visitors Center, acquisition and construction of a command and control center for the Capitol Police, as well as the development of a Master Plan for the Capitol Complex.
15. Smithsonian Institution Facilities Assessment. The Subcommittee will continue to review the acquisition, construction, and use of local and remote museums as well as the research and storage facilities of the Smithsonian Institution.
16. John F. Kennedy Center for the Performing Arts. The John F. Kennedy Center for the Performing Arts was reauthorized during the 108th Congress for an additional four years. As a part of its ongoing oversight of the Kennedy Center’s programs and in preparation for reauthorization of the Kennedy Center in the 110th Congress, the Subcommittee will review the construction, alteration, and modernization activities of the Kennedy Center that are conducted using federal funds.
SUBCOMMITTEE ON HIGHWAYS AND TRANSIT
1. Role of Highways and Transit. The Subcommittee will explore the role of highway and public transportation programs within the nation’s intermodal transportation network. The Subcommittee will examine the critical role these systems play in the national and global economy, through the improved mobility of passengers and freight, as well as the way these systems can improve the quality of life of citizens through increased mobility and promote economic development.
2. SAFETEA-LU Implementation. The Subcommittee will continue to closely monitor the Department of Transportation’s implementation of policy changes and new programs including the promulgation of new and amended rules and guidance enacted as part of the “Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users”. The Subcommittee will also work to ensure full funding of SAFETEA-LU, as well as to maintain and strengthen budgetary firewall protection.
3. Needs of the Surface Transportation Network. A “National Surface Transportation Policy and Revenue Study Commission” was established as part of SAFETEA-LU to examine the short- and long-term investment and programmatic needs of the nation’s highway and public transportation programs, and to ensure the development and operation of a comprehensive national intermodal transportation network. The Subcommittee’s oversight activities will parallel the Commission’s work. The Subcommittee will also explore ways to enhance the mobility of people and freight through the development and implementation of strategies to address congestion, as well as to fully develop needed regional connections. Further, the Subcommittee will closely monitor the DOT as it implements its Congestion Relief Initiative that is part of DOT’s National Strategy to Reduce Congestion on America’s Transportation Network.
4. Financing Investments in Highways and Public Transportation. The Subcommittee will undertake an assessment of methods available to finance needed investments in our surface transportation system. These efforts will include a comprehensive review of the adequacy of the current dedicated revenue structure to maintain the long-term viability of the Highway Trust Fund (HTF). The Subcommittee will further explore opportunities to enhance HTF revenues. The Subcommittee will also continue to monitor the short-term viability of the HTF to ensure that the funding levels provided in SAFETEA-LU are executed in each year of the authorization.
5. Alternative Sources to Generate Additional Resources for Investment. As part of its review of the potential means of financing investments in the nation’s highway and public transit networks, the Subcommittee will investigate options to supplement the current financing structure. The Subcommittee will undertake a comprehensive review the advantages and disadvantages of these options including how the public interest will be best protected through the implementation of various alternative financing tools.
6. Innovative Contracting and Procurement Methods. The Subcommittee will undertake an assessment of the various techniques utilized by transportation agencies designed to enhance and streamline contracting and procurement processes. The assessment will examine contractual arrangements to deliver services in a more efficient and economic manner, to ensure that the public is best served through the use of these practices.
7. Transportation Security. The Subcommittee will continue to work to improve the overall security of the nation’s surface transportation network. The Subcommittee will also examine the challenges associated with an integrated national driver’s license system, as well as efforts to change commercial driver’s license requirements to improve security. Further, the Subcommittee will oversee the implementation of the mode-specific annexes to the Memorandum of Understanding (MOU) between the DOT and the Department of Homeland Security (DHS) (annexes for Transit and Pipelines have been executed). Joint regulations are also pending from DOT and DHS on the characteristics of and requirements for public transportation security grants, including funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses.
8. Surface Transportation and the Environment. The Subcommittee will examine the environmental impacts of surface transportation, and will review ways to control or mitigate such impacts. Further, the Subcommittee will ensure that project permit reviews are conducted in a thorough and timely manner, and that appropriate environmental mitigation efforts are taken throughout project development, construction, and operation. The Subcommittee will closely monitor the implementation of SAFETEA-LU environmental review process changes for transportation projects. The Subcommittee will also examine the environmental and health benefits of the development and expansion of alternative transportation options, such as public transportation, bicycling, and pedestrian alternatives.
9. Coordination of Human Services Transportation. The Subcommittee will provide oversight and will work with relevant Education and Labor subcommittees to improve the coordination of public transportation services provided by agencies receiving grants from the Federal Transit Administration (FTA) with human services transportation provided by agencies receiving grants from the Departments of Health and Human Services, Labor, and Education. SAFETEA–LU included new coordinated planning requirements and several incentives for FTA grant recipients to coordinate with other human services transportation providers. The challenge is to inspire other Congressional committees to include similar requirements and incentives in upcoming human service legislation, such as the Workforce Investment Act, and Medicare and Head Start reauthorizations.
10. Research and Innovative Technologies. The Subcommittee will undertake oversight efforts to ensure the effectiveness of transportation research activities. The Subcommittee will also review the development, demonstration, and deployment of new or improved transportation technologies, construction materials, and techniques to enhance the overall condition and performance of the network. The Subcommittee will work to ensure that research activities, including research activities of University Transportation Centers, are designed to provide information useful to policymakers and the transportation community. Further, the Subcommittee will continue to oversee the implementation of the Norman Y. Mineta Special Programs Reorganization Act. The Subcommittee will continue to provide advice and oversight to the DOT as the new agencies develop to ensure adherence to Congressional intent.
11. Highway Safety. The Subcommittee will conduct a comprehensive assessment of the National Highway Traffic Safety Administration’s (NHTSA) efforts to reduce the rate and number of traffic fatalities and injuries, including efforts to increase seat belt usage and curb alcohol-impaired driving. The Subcommittee will also monitor efforts to improve the safety of motorists and workers in highway work zones.
12. Motor Carrier Safety. The Subcommittee will review the Federal Motor Carrier Safety Administration’s (FMCSA) progress in improving safety on our nation’s roads through the inspection of motor carriers and the enforcement of motor carrier regulations, including hours-of-service regulations. The Subcommittee will also work to ensure the safety compliance of foreign motor carriers operating on U.S. roadways.
13. Household Goods. The “Households Goods Mover Oversight Enforcement and Reform Act of 2005” gave FMCSA and state Attorneys General more authority to enforce federal and state consumer protection laws against fraudulent movers. The Subcommittee will continue to monitor the implementation of these authorities, as well the ability of the states to use their new enforcement power, granted by Congress.
SUBCOMMITTEE ON RAILROADS, PIPELINES, AND HAZARDOUS MATERIALS
1. DOT FY 2008 Budget. The Subcommittee will review and evaluate the fiscal year 2008 budget proposals for the Federal Railroad Administration, Amtrak, the Surface Transportation Board, the Railroad Retirement Board, the National Mediation Board, and the Pipeline and Hazardous Materials Safety Administration.
2. Reauthorization of the Federal Rail Safety Program. The authorization for the Federal rail safety program expired at the end of fiscal year 1998. In preparation for reauthorizing the program, the Subcommittee will conduct oversight of the Federal Railroad Administration’s enforcement and rulemaking activities, as well as the various safety laws that govern railroad operations. The Subcommittee will also conduct oversight hearings on long-standing rail safety concerns, including fatigue.
3. Rail Security. This year, the Federal Government will invest $4.7 billion in aviation security improvements, while investing only $175 million in rail and transit security, even though five times as many people take trains as planes every day. The American Public Transit Association, which represents transit agencies and commuter railroads, has well-documented transit security needs that exceed $6 billion (including more than $5.2 billion of capital investment security needs). The Subcommittee will conduct oversight of rail security in the United States, as well as the needs of railroads to ensure an appropriate level of security.
4. Reauthorization of Amtrak. The authorization for Amtrak expired at the end of fiscal year 2002. In preparation for reauthorizing Amtrak, the Subcommittee will conduct oversight of Amtrak’s performance and operations. The Subcommittee will also conduct oversight focused on reforming Amtrak's Board of Directors, which is responsible for ensuring the efficient and effective operation of Amtrak.
5. Reauthorization of the Surface Transportation Board. The authorization for the Surface Transportation Board (STB) expired at the end of fiscal year 1998. In preparation for reauthorization of the STB, the Subcommittee will conduct oversight of the Board’s functions, as well as implementation of the Staggers Rail Act of 1980 and the Interstate Commerce Commission Termination Act of 1995. The Subcommittee will also conduct oversight of railroad-shipper issues before the Board.
6. Passenger and Freight Rail Infrastructure Investment. According to the U.S. Department of Transportation’s Freight Analysis Framework, rail traffic is expected to rise more than 50 percent, from 1.8 billion tons to 2.9 billion tons by 2020. Rail passenger service has also grown. During FY 2005, Amtrak served more than 25.4 million passengers, representing the third straight fiscal year of record ridership. This record ridership, because 70 percent of the miles traveled by Amtrak trains are on tracks owned by the freight railroads, combined with record freight rail traffic levels, means that there is a tremendous amount of pressure bearing down on our nation’s rail system. As rail traffic continues to grow, the railroads will have to concentrate increasingly on replacing and building new capacity, such as multi-tracking key corridor routes, adding new sidings or extending existing ones at key locations, constructing new intermodal or transloading facilities, and investing in new technologies. The Federal Government will also have to take responsibility for ensuring that all facets of our transportation system are in working order. The Subcommittee will conduct oversight of passenger and freight rail infrastructure investment needs.
7. Implementation of the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006. The Department of Transportation’s pipeline safety program was reauthorized at the end of the 109th Congress. The Subcommittee will hold hearings on implementation of the reauthorization act.
8. Reauthorization of the Hazardous Materials Transportation Program. The Department of Transportation’s hazardous materials safety program was reauthorized in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The authorization for the program will expire in 2008. In preparation for reauthorization, the Subcommittee will hold hearings on implementation of the programs contained in SAFETEA-LU.
SUBCOMMITTEE ON WATER RESOURCES AND ENVIRONMENT
1. Environmental Protection Agency (EPA) - Clean Water Act and Water Infrastructure Programs. The Subcommittee will review wastewater treatment and water pollution control funding issues, including levels and sources of funding, and management of grant and loan programs. This review will include a review of wastewater infrastructure and security needs. The Subcommittee will conduct oversight of regulatory and non-regulatory approaches to water pollution control, including watershed, market, and performance-based approaches to regulation; issues involving water quality standards; total maximum daily loads; effluent limitations; and compliance with the National Pollutant Discharge Elimination System. The Subcommittee will also continue its oversight of monitoring and data, as well as efforts to improve the management of combined and sanitary sewer overflows, stormwater, and nonpoint source pollution. The Subcommittee will review the progress of the Clean Water Act in restoring and maintaining the chemical, physical, and biological integrity of the nation’s waters, including the impact of recent United States Supreme Court decisions on efforts to achieve these goals.
2. EPA Grants. Although great strides have been made pursuant to oversight of the grants management activities at the EPA, the subcommittee will continue oversight to make sure the proposed reforms are implemented and the initiatives that are underway are developed into fixed policy.
3. Army Corps of Engineers (Corps) Water Resources Program. The Subcommittee will review efforts to improve the efficiency and effectiveness of the organization and the management and mission of the civil works program of the Army Corps of Engineers. This review will include the selection, planning, and implementation of water resources projects as well as the financing of harbor and inland waterways infrastructure. The Subcommittee will also review the agency’s regulatory programs, including those pertaining to the regulation of activities affecting the waters of the U.S., including wetlands, and dredging activities.
4. CERCLA/Superfund and Brownfields. The Subcommittee will review efforts to improve the efficiency and effectiveness of the contaminated site cleanup process and the process of assessing natural resources damages. Oversight may include a review of the liability, financing, funding levels, settlement mechanisms, and procedures of the current Superfund program, including implementation of the Small Business Liability Protection Act. The Subcommittee will also review the role of the States in conducting and financing cleanups; review the relationships among the States, EPA, and other Federal entities in implementing the Superfund program; and review ongoing Federal, State, and local efforts to revitalize “brownfields”, including implementation of the Brownfields Revitalization and Environmental Restoration Act.
5. Corps, EPA, and Other Regional Water and Ecosystem Restoration Issues. The Subcommittee will review regional and local projects, issues, and controversies involving: water quality; water supply; water resources conservation, development, management, and policy; environmental protection; and flood control.
6. National Invasive Species Act. In coordination with the Subcommittee on Coast Guard and Maritime Transportation, the Subcommittee will review efforts by various agencies to implement the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended by the National Invasive Species Act of 1996. Oversight activities will explore the effectiveness of these bills and evaluate the need for further action, including legislation, to control invasions of nonindigenous aquatic species through ballast water and protect water quality.
7. Tennessee Valley Authority (TVA). The Subcommittee will review of TVA programs, including its energy program and operations in the current and in a less regulated marketplace, TVA’s management structure, and the impact of TVA debt.
8. Saint Lawrence Seaway Development Corporation (SLSDC). The Subcommittee will review the efficiency and effectiveness of the SLSDC’s current operations and structure; any necessary improvements in the operation of the Seaway; issues related to national security and the economy; and the relation of the SLSDC to the St. Lawrence Seaway Management Corporation, its Canadian counterpart.
9. EPA and Coast Guard Oil Pollution Act (OPA). In coordination with the Subcommittee on Coast Guard and Maritime Transportation, the Subcommittee will review oil spill response, planning, and liability provisions under OPA and the Clean Water Act, and enforcement activities under the oil spill prevention and response laws.
10. Ocean and Coastal Programs and Policies. The Subcommittee will review dredged material management and disposal under the Ocean Dumping Act, Water Resources Development Acts, and the Clean Water Act. Oversight efforts also may include various ocean and coastal water quality and shoreline protection issues under the Clean Water Act, the Coastal Zone Management Act, Coastal Zone Act Reauthorization amendments, and the Water Resources Development Acts.
11. Natural Resources Conservation Service (NRCS) Small Watershed Program. The Subcommittee will review the Small Watershed Program, authorized under P.L. 83-566, and conducted by the U.S. Department of Agriculture’s NRCS, including the relation between these programs and other conservation, environmental restoration, and flood control efforts.
