James Oberstar

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I rise in strong support of S. 996, which authorizes the Secretary of Transportation to permit passenger facility fees to be used for school sound mitigation in certain school districts in flight paths to the Los Angeles International Airport. This bill was included as section 113 of H.R. 2881, the ``FAA Reauthorization Act of 2007,'' which passed the House on September 20, 2007. Regrettably, the other body has been unable to complete action on the Federal Aviation Administration (``FAA'') reauthorization bill. Given the Senate inaction on the reauthorization bill, the gentlewoman from California (Ms. Harman) has asked the Committee on Transportation and Infrastructure to consider S. 996 to allow this time-sensitive legislation to be enacted in advance of the reauthorization bill. S. 996 will allow the Los Angeles World Airports and the Lennox and Inglewood school districts in southern California to execute a 2005 agreement between the airport and the school districts to allow more than $200 million of passenger facility fees to be used for noise mitigation in schools in the affected school districts. In some schools, sound insulation and retrofitting of existing buildings may not provide meaningful noise relief, so a new building must be constructed. Pursuant to this legislation, eligible project costs for any new construction are limited to the difference in cost between constructing to ordinary building code standards for schools and the cost of incorporating noise mitigation features in the construction. Mitigating noise is an important element to expanding capacity in our national air space. This legislation does just that by helping to create an environment where students can learn free from the distraction of jet noise. I urge my colleagues to join me in supporting S. 996.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise in support of H. Con. Res. 408, recognizing North Platte, Nebraska, as ``Rail Town USA.'' North Platte has a rich tradition of railroading. The Union Pacific Railroad flrst entered North Platte on December 3, 1866, as railroads were building into the West and just one month later, on January 2, 1867, main line operations began through the city of North Platte. During World War II, the city was best known for the North Platte Canteen, which served as a major rest point for soldiers heading across the country by rail to fight in the war. The people of North Platte famously brought food, water, and other necessities to more than 6 million members of the armed forces passing through the city. Today, North Platte is served only by freight trains, but it is home to one of the most important rail yards in the world. The Bailey Yard, named after former Union Pacific President Ed Bailey, is now recognized by the Guinness Book of Records as the world's largest classification yard. It sits on 2,850 acres of land in North Platte, is 8 miles long, and is home to 315 miles of track. Bailey Yard prepares approximately 135 trains, or 10,000 individual rail cars, each day, shipping home products, food, coal, lumber, and many other necessary goods destined for every corner of the country. North Platte's contribution to the rail industry increased in the 1990s when Bailey Yard added east- and west-bound locomotive fueling and servicing centers that now handle more than 8,500 locomotives per month. Railroads are often considered a barometer of the American economy. When trains are moving--America is moving. To watch cars pass through Bailey Yard is to see America moving forward, and the people of North Platte are at the center of Bailey Yard's success: more than 2,600 residents of North Platte work at Bailey Yard, which makes up more than 10 percent of North Platte's population of 23,878. This weekend, North Platte is celebrating its railroading heritage at Rail Fest, where attendees will get the chance to see historic rail cars and locomotives, tour Bailey Yard, learn about each job in the rail yard through actual hands-on training, learn about railroad safety, and learn more about the history of railroading in North Platte. Madam Speaker, I congratulate Notth Platte for their successes and urge my colleagues to join me in agreeing to H. Con. Res. 480, recognizing North Platte, Nebraska, as ``Rail Town USA''.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 3986, as amended, the ``John F. Kennedy Center Reauthorization Act of 2008''. The Kennedy Center is one of the world's preeminent cultural centers. More than a physical memorial, the Kennedy Center acts as a living memorial for performance arts programming and education. The Kennedy Center is the Nation's busiest arts facility, presenting more than 3,000 performances in 2006 and hosting millions of theater goers, visitors, and tourists. The Kennedy Center also provides educational programs for teachers and students from pre-kindergarten through college across the United States. H.R. 3986, as amended, authorizes the Kennedy Center's capital and maintenance program for the next 5 years. The bill authorizes a total of $112.5 million for fiscal years 2008 through 2012 for maintenance, repair, and security projects for the Kennedy Center. The bill also authorizes a total of $91.7 million for capital projects for the Kennedy Center during this period. These authorization levels are derived from the Kennedy Center's 2006/2007 Comprehensive Building Plan. Over the past 10 years, the priorities for Kennedy Center capital improvements were life safety and accessibility projects. With the pending completion of these projects, the current Comprehensive Building Plan emphasizes facility infrastructure. In some past projects, such as theater renovations, the mechanical and electrical infrastructure scope has been limited to replacement of renovated space. The primary building mechanical and electrical systems consist of original equipment and those elements not previously replaced are reaching the end of normative service life, are showing signs of failure or impending breakdown, or are deteriorating. The bill authorizes systematic rehabilitation of these primary mechanical and electrical systems. In addition, the bill authorizes the Kennedy Center to study, plan, design, and construct a photovoltaic system on the 4-acre (140,000 square foot) main roof of the Kennedy Center. According to a preliminary estimate by the Kennedy Center, a photovoltaic system would cost approximately $6 million to construct and would yield savings of approximately $10.2 million over the next 25 years. I strongly urge my colleagues to join me in supporting H.R. 3986, as amended, the ``John F. Kennedy Center Reauthorization Act of 2008''.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 6460, the Great Lakes Legacy Reauthorization Act of 2008. This legislation is designed to address the toxic legacy of the Great Lakes' industrial past that is currently putting residents of the Great Lakes region in harms way. Residents of the region have long been waiting for the remediation of these contaminated sites and it is the responsibility of this Congress to ensure that they do not wait any longer. The history of the Great Lakes' region has largely been defined by the industrial successes of its past. For more than 2 centuries, the Lakes have provided residents of the region with sources of power and abundant natural resources, as well as transportation for the residents and manufactured goods of the basin. The Lakes have served as a catalyst that brought about growth and economic prosperity to not only the region, but also to the country as a whole. The growth and expansion of the region's commerce and economy, however, did not come about without negative consequences. Along with it came unrestrained pollution of the Great Lakes watershed. Sadly, for the most part, this contamination remains today and continues to affect the region's residents. In 2002, Congress enacted the Great Lakes Legacy Act to remediate contaminated sediments in the Great Lakes' areas of concern. This Act brought attention and awareness to the areas of concern, and also provided much needed funding for remediation sites. This Congress has been tasked with reauthorizing the Act, but has also been afforded the opportunity to address the shortfalls of the initial legislation. For instance, during a hearing before the Subcommittee on Water Resources and Environment, many Members from the Great Lakes region expressed concern with the pace of cleanup of areas of concern. In our view, the delay is the result of an incomplete knowledge of the contamination present at sites within the areas of concern, as well as a lack of funding to address the 70 different contaminated sediment sites with the U.S. areas of concern. Madam Speaker, for far too long, residents of the Great Lakes region have been waiting for cleanup of these toxics sites. H.R. 6460, the Great Lakes Legacy Reauthorization Act of 2008, will accelerate remediation of the areas of concern. It is my hope that this legislation will advance the pace of cleanup of contaminated sites in the Great Lakes and also ensure that parties responsible for the contamination are held liable. Madam Speaker, I applaud the efforts of my Committee colleague, the gentleman from Michigan (Mr. Ehlers), for his unremitting work during the 107th Congress on the passage of the initial Great Lakes Legacy Act, as well as for his work on this important legislation that the House considers today. I urge my colleagues to join me in supporting H.R. 6460, the ``Great Lakes Legacy Reauthorization Act of 2008''. I insert in the Record an exchange of letters between the Committee on Transportation and Infrastructure and the Committee on Science and Technology. House of Representatives, Committee on Transportation and Infrastructure, Washington, DC, September 4, 2008. Hon. Bart Gordon, Chairman, Committee on Science and Technology, Washington,

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise in strong support of S.J. Res. 35, which amends Public Law 108-331 to provide for the construction and related activities in support of the Very Energetic Radiation Imaging Telescope Array System, ``VERITAS'', project in Arizona. Public Law 108-331 was passed in October 2004 during the 108th Congress. This joint resolution authorizes the Smithsonian Institution to permanently locate the telescope at the Fred Lawrence Whipple Observatory Base Camp on Mount Hopkins, Arizona, which is approximately 35 miles from the original site, Kitt Peak's Horseshoe Canyon. The Smithsonian Institution has set up the telescope at this site on an interim basis and the VERITAS Science Consortium and Smithsonian Astrophysical Observatory request that the VERITAS telescope remain at the Whipple Observatory for the rest of its scientific life. As a result, the Board of Regents of the Smithsonian Institution requests an amendment to Public Law 108331 to authorize the Board to locate the VERITAS telescope at Fred Lawrence Whipple Observatory Base Camp on Mount Hopkins, Arizona, or other similar location. I urge my colleagues to join me in supporting S.J. Res. 35.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 6627, the ``Smithsonian Facilities Authorization Act of 2008''. H.R. 6627 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 (``SERC'') in Edgewater, Maryland. The bill also authorizes the Board of Regents to construct laboratory space to accommodate the terrestrial research program of the Smithsonian Tropical Research Institute (``STRI'') in Gamboa, Panama. The SERC is a global leader in the study of ecosystems in coastal zones. Founded on the site of an abandoned 1930s dairy farm in Edgewater, Maryland, the SERC facilities include farm buildings, the Mathias Laboratory, 10 temporary trailers, an administrative building, and a variety of lab support spaces. Nearly one-half of SERC's 146 employees and fellows conduct the majority of their work in trailers. A major part of SERC's mission is to conduct research and professional training of the next generation of environmental scientists. The Board of Regents of the Smithsonian Institution requested authority to design and construct laboratory space to accommodate the Mathias Laboratory at SERC. The Board requested authority to upgrade and replace the facility to eliminate unsafe trailers and address substandard, inefficient labs. The facility and its support spaces need to be replaced. The bill authorizes a total of $41 million for fiscal years 2009 through 2011 to design and construct the Mathias Laboratory. The Smithsonian Tropical Research Institute is located in Gamboa, Panama. STRI is the principal United States organization devoted to research in tropical biology. Both scientific advancement and human welfare depend on a continuing commitment to research in tropical biology for such things as finding untapped tropical resources to add to the important supply of food, pharmaceuticals, and fiber that we already get from the tropics, and to give us a better understanding of how to avoid further ecological catastrophes such as drought, starvation, and flooding caused by deforestation and overpopulation of tropical regions. The STRI facility is a world-renowned research and education center dedicated to research and analysis of tropical ecosystems. The Board of Regents requested authority to replace current science building structure that is heavily infested with termites. The bill authorizes a total of $14 million for fiscal years 2009 and 2010 to construct the laboratory. Madam Speaker, over the past two years, the Board of Regents of the Smithsonian Institution has worked to address numerous management shortfalls. I look forward to working with the Board of Regents and the new Secretary of the Smithsonian, Secretary G. Wayne Clough, as we continue to work together to improve the Smithsonian's management practices and carry out James Smithson's mandate of 1826: ``for the increase and diffusion of knowledge among men.'' I thank Committee on Transportation and Infrastructure Ranking Member Mica, Subcommittee Chairwoman Norton, Committee on House Administration Chairman Brady and Ranking Member Ehlers, the Smithsonian Congressional Regents, Mr. Becerra, Ms. Matsui, and Mr. Johnson of Texas, and Majority Leader Hoyer for their support in authorizing construction funding of these two vital Smithsonian facilities. I strongly urge my colleagues to join me in supporting H.R. 6627, the ``Smithsonian Institution Facilities Authorization Act of 2008''.-

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I rise today in strong support of H.R. 6899, the ``Comprehensive American Energy Security and Consumer Protection Act''. This bill promotes energy savings for all Americans and advances the national security interests of the United States by reducing its dependence on oil. In particular, I am pleased that this bill incorporates H.R. 6052, the ``Saving Energy Through Public Transportation Act of 2008'', which the House passed by a vote of 322-98 on June 26, 2008. The Committee on Transportation and Infrastructure also included these provisions in last year's House-passed energy bill, but unfortunately, they did not become law. At that time, decreasing America's demand for foreign oil was often lost in the debate, overshadowed by concerns over increasing our supply. But decreasing demand is one of the most immediate and effective ways we can deal with the high cost of gas and move America toward greater energy independence. Americans understand this. They are riding transit more and driving less. Public transportation all across the country is seeing record ridership while the number of miles traveled in personal automobiles is falling. Last year, Americans took more than 10.3 billion trips on public transportation, the highest level in 50 years. In the second quarter of 2008, commuters took more than 2.8 billion transit trips nationwide, an increase of 5.2 percent. Meanwhile, use of personal automobiles is falling by record numbers when measured by vehicle-miles traveled, VMT. In fact, much of the recent drop in both crude oil and gasoline prices has been due to a reduction in demand. People are making these choices based not only on the high price of gas, but also because of a very real desire to wean our country off our dangerous addiction to imported oil. At current rates, that means a saving of 1.4 billion gallons of gas a year, or 33.5 million barrels of oil. As transit ridership continues to grow, we can expect even greater reductions in oil consumption and demand. According to a recent study, if Americans used public transit at the same rate as Europeans--for roughly 10 percent of their daily travel needs--the United.States could reduce its dependence on imported oil by more than 40 percent. This ``mode shift'' to transit should be a national goal, and strategies to achieve it should be at the forefront of any well-rounded energy debate. Unfortunately, this lesson appears to be lost on the Bush administration. Although voters continue to approve state and local ballot initiatives to support public transportation, the administration has opposed increased funding for transit to help public transit agencies keep pace with the rising costs of fuel and the demand for more transit service. In fact, by stressing the need for new transit projects to meet ``cost-effectiveness'' benchmarks above all other criteria, the administration has stunted or stifled altogether much needed growth in transit. And this short-sightedness couldn't be happening at a worse time. According to a recent study by the American Public Transportation Association, 85 percent of public transit systems nationwide are experiencing capacity problems due to the unprecedented rise in ridership. The survey revealed that 91 percent of public transit agencies report that they are reaching the limit in their ability to add service to meet increasing ridership demands. Further, more than 60 percent of the transit systems report they are considering fare increases and 35 percent are considering service cuts, some for the second time in less than a year. Just as high gas prices and the desire to use less foreign oil are inspiring more Americans to take the train or bus to work rather than drive alone, our Nation's public transportation systems are facing budgetary nightmares and high fuel prices of their own that may cause them to be unable to meet any further growth in transit ridership. This bill recognizes the importance of funding public transportation to further our energy savings and security goals. Specifically, H.R. 6899 authorizes $1.7 billion over two years for grants to transit agencies nationwide to temporarily reduce fares, expand services, or offset the increased cost of system and fleet maintenance to meet the needs of the growing number of transit commuters. It also allows transit agencies to use these new grants to offset the increased cost of fuel or to acquire clean fuel or alternative fuel vehicle-related equipment or facilities. In addition, transit agencies may use these grants to establish or expand ``commuter matching services'', to provide commuters with information about alternatives to single occupancy vehicle use. H.R. 6899 increases to 100 percent the Federal share for clean fuel and alternative-fuel transit bus, ferry, or locomotive-related equipment or facilities, thereby assisting transit agencies in becoming more fuel efficient. This legislation extends the Federal transit pass benefits program to require that all Federal agencies offer transit passes to Federal employees working in metropolitan areas with existing transit systems throughout the United States. Current law limits this program to Federal agencies in the Washington, DC, metropolitan region. This provision will provide more Federal employees with the incentives to choose transit options, thereby reducing their transportation-related energy consumption and reliance on foreign oil. Finally, H.R. 6899 creates a national consumer awareness program to educate the public on the environmental benefits of public transportation alternatives to the use of single occupancy vehicles. Mr. Speaker, public transportation in all its forms--buses, light rail, subways, to name a few--saves fuel and reduces our dependence on foreign oil. Increasing the use of public transportation by providing Americans the good transit service they want and need must be an important part of a holistic national energy policy. I strongly urge my colleagues to join me in supporting H.R. 6899.

Mr. OBERSTAR

Mr. OBERSTAR. I thank the gentleman for yielding. We are very pleased to have the Senate action on the conference report. We can restore to the highway trust fund money that was siphoned off 10 years ago. The discussion of earmarks we have had a dozen times on the House Floor need not be repeated here; it is irrelevant to the issue at hand. We will deal with those matters next year in a subsequent authorization. But the reality of why this legislation is needed is rooted in the Transportation Equity Act for the 21st Century in 1998, when in this Chamber our then chairman, Bud Shuster, and I, as ranking member, negotiated with the Republican leadership of the House, the Speaker, the Chair of the Appropriations Committee, the Chair of the Budget Committee, the Chair of the Ways and Means Committee, and with the Clinton administration, the President directly with their Office of Management and Budget, and Treasury, to put firewalls around the highway trust fund to assure that surpluses couldn't be built up as had been done every year since 1968 when it began under Lyndon Johnson, President of the United States, to hold money in reserve and make deficits of that and subsequent Presidencies look less than they actually were. Until 1998, we had a $29 billion surplus in the highway trust fund, taxes paid at the pump by drivers all across the United States but not getting the benefit from it because those monies were held back to make deficits look smaller. So our resolve was to create firewalls around the trust so that couldn't happen in the future. In order to reach that goal held by every private sector entity in the country, by State transportation authorities, and by Members on both sides of the aisle, we came to an agreement in which we had to yield that $29 billion surplus. $8 billion of it went for current account deficit reduction, and the other $21 billion went for long-term debt reduction. That happened on June 26, when President Clinton signed the TEA-21 act into law. I am sure everybody in this Chamber felt a great burden of debt lifted off their shoulders. But none of that money went for highway projects, for bridge projects, or for highway safety or transit needs of this country. It went for long-term and short-term debt and deficit reduction. We knew then, and it was predicted by the Department of Transportation, by OMB, by the Congressional Budget Office that, in time, this would lead to a shortfall in the highway trust fund, and that shortfall will occur this fall, or with a little bit of luck, next spring. The fix is necessary today to repatriate to the highway trust fund those revenues that were taken from it for general revenue purpose use for short-term deficit reduction. That was the folly. That was the gun at the head of the bipartisan leadership of the committee and of the Congress, that we had to make that step, take that step of shifting funds out of the highway trust, in addition to which, we had to agree that the Treasury would not have to pay interest on revenues paid into the trust fund. That resulted in further reduction in revenues in the highway trust fund. So we are, today, repatriating funds back to the highway trust fund that were taken by force majeure of this governance from the trust fund to general revenue purposes, and bringing it back to keep faith with the drivers of this country. That's what's at stake here, and I want everybody to understand. I'm not stretching the truth. I'm just saying, these are the facts of budget life that we are dealing with. And Congress can keep faith with the traveling public by passing this conference report and restoring the trust to the highway trust fund.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 6630. This is a bill with a simple purpose: to require a cross-border trucking pilot program initiated by the Department of Transportation (``DOT'') on September 6, 2007, to terminate immediately, and to force the Administration to stay true to its word that this program remain a short-term, limited experiment. In February of last year, the Secretary of Transportation first announced her intent to launch a pilot program to allow up to 100 Mexico-domiciled motor carriers to operate beyond the commercial zones at the U.S.-Mexico border. The Secretary assured Congress and the American people that this pilot program would last one year. The Secretary made this pledge at news conferences and multiple Congressional hearings. DOT further cemented this commitment by publishing the details of a one-year pilot program in three separate Federal Register notices. The Committee on Transportation and Infrastructure ordered H.R. 6630 reported in July in anticipation of the one-year mark, which occurred a few days ago. We considered this bill, which statutorily requires the Secretary to shut the program down after one year, because we had no reason to believe that the Administration would terminate the pilot program and revoke the authority of participating carriers--unless compelled to do so by Congress. We were right. On August 4, 2008, on the first day of the Congressional recess, DOT announced that it would extend the program for an additional two years, through 2010. Since last February, I have expressed my strong concerns over whether safety on U.S. roads would be adversely impacted and whether DOT was ready to enforce all Federal motor carrier laws and regulations. I have also expressed my amazement with the careless way that the Administration has violated the will of Congress and the spirit of the law over the last 18 months. Today, I repeat these sentiments and say enough is enough. It is time for DOT to be held accountable for its actions and made to keep its own promises. The House has already voiced strong, bipartisan opposition to the implementation of this pilot program in three separate pieces of legislation, each of which DOT has strongly opposed: The House passed H.R. 1773, the Safe American Roads Act of 2007, on May 15 by a vote of 411-3. On May 25, 2007, the House passed the U.S. Troop Readiness, Veterans Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110-28), which was signed by the President, and which included a number of safety prerequisites regarding the proposed pilot program. DOT glossed over these requirements and moved ahead without fully taking them into account. On July 24, 2007, the House passed the FY 2008 Transportation, Housing and Urban Development, and Related Agencies Appropriations bill (H.R. 3074) with a provision to bar DOT from using any funds to implement its proposed pilot program. A similar provision was included in the Consolidated Appropriations Act of 2008 (P.L. 110-161), approved by the House on December 17, 2007. DOT found a technical ``out'' to avoid compliance with this provision. DOT pushed past Congressional concerns in establishing this program. The Department has pushed on despite strong opposition to extend the program, and they will continue to push on. Carriers participating in the pilot program have been granted provisional operating authority for 18 months, after which DOT could allow the authority to become permanent. Without further Congressional action, this ``experiment'' will turn into what opponents of this program have feared all along--a sea change in surface transportation policy. To date, participation in the pilot program has been underwhelming. According to Federal Motor Carrier Safety Association (``FMCSA'') data, 27 Mexican carriers operating 107 trucks and 10 U.S. carriers operating 55 trucks are participating in the pilot program. Pilot program participants from Mexico crossed into the United States 9,776 times. Only 1,337 of these crossings, or 14 percent, resulted in carriers traveling beyond the border zones. To accommodate a small fraction of trips taken by these 37 carriers, the Federal Government has spent more than $500 million since 1995 to prepare for opening of the U.S.-Mexico border to motor carrier traffic. This is more than the entire FMCSA budget for all Federal motor carrier safety programs in all 50 States for FY 2008. While spending thousands of hours of staff resources to implement the Administration's cross-border operations, FMCSA has yet to finalize 14 Congressionally mandated rulemakings--some of which have been pending since {999--on critical motor carrier safety issues such as medical certification of drivers, commercial drivers license testing standards, hours of service, and revocation of operating authority from a carrier with a pattern of safety violations. Several reports are also overdue-- including a report on whistleblower protections required in 1998. There is nothing in the North American Free Trade Agreement, or any other trade agreement, that abrogates the authority of Congress to exercise its power under the Constitution to change domestic law. It is time for Congress to reclaim its ability to have some bearing on the obligations contained in the surface transportation provisions of NAFTA. I thank the Chairman of the Subcommittee on Highways and Transit, Mr. DeFazio, for introducing the bill, and Ranking Member Mica and Subcommittee Ranking Member Duncan for joining with us in this effort. I urge my colleagues to join me in supporting H.R. 6630.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I rise in strong support of S. 2403, a bill to designate the United States courthouse, located at 700 East Broad Street, Richmond, Virginia, as the ``Spottswood W. Robinson III and Robert R. Merhige, Jr., United States Courthouse''. Spottswood W. Robinson III and Robert R. Merhige, Jr., were appointed to the Federal bench by President Lyndon B. Johnson in 1964 and 1967, respectively. Judge Robinson graduated from Howard University Law School, was a prominent civil rights lawyer, and was appointed by President Kennedy to the U.S. Commission on Civil Rights. Judge Merhige graduated from the University of Richmond, served in the U.S. Army, and was considered one of the most formidable lawyers in Virginia. Judge Merhige was known for presiding over several high-profile cases and was noted for ordering the University of Virginia to admit women. Both judges served with distinction and played a key role in the racial integration of Virginia schools so it is fitting and proper to name the U.S. courthouse in Richmond, Virginia, as the ``Spottswood W. Robinson III and Robert R. Merhige, Jr., United States Courthouse''. I urge my colleagues to join me in support of S. 2403, the ``Spottswood W. Robinson III and Robert R. Merhige, Jr., United States Courthouse''.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I rise in strong support of S. 2837, a bill to designate the U.S. courthouse located at 225 Cadman Plaza East, Brooklyn, New York, as the ``Theodore Roosevelt United States Courthouse''. This bill honors former President Theodore Roosevelt, who at various times served as a member of the United States Civil Service Commission, President of the New York Board of Police Commissioners, Assistant Secretary of the Navy, and as a Colonel of a voluntary cavalry regiment of the United States Army during the Spanish-American War, which became known as ``Roosevelt's Rough Riders''. President Roosevelt also has the distinction of becoming, at the age of 42 in 1901, the youngest serving president at that time. During his two terms in office, President Roosevelt's list of achievements include facilitating and ensuring the construction of the Panama Canal, establishing the Department of Commerce and the Department of Labor, signing the Elkins Anti-Rebate Act for railroads, and greatly advancing environmental conservation efforts by providing Federal protection for close to 230 million acres of land. He was also awarded the Nobel Peace Prize in 1906, for his work in ending the Russo-Japanese War. Becaue of his honorable and distinguished service it is appropriate to name the U.S. courthouse in Brooklyn, New York, as the ``Theodore Roosevelt United States Courthouse''. I urge my colleagues to join me in support of S. 2837.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise lo mark the first anniversary of a tragedy in my home state, a tragedy that touches all Americans. At 6:05 p.m. on August 1, 2007, the I-35W Bridge in Minneapolis, Minnesota, collapsed into the Mississippi River, killing 13 people. The eight-lane, steel truss bridge span, which was constructed in 1967, carried approximately 140,000 vehicles daily. Within just six minutes of the bridge collapse, emergency personnel responded to the scene, risking their own health and safety to rescue victims and to provide care to the injured. Within three hours, first responders were able to complete the rescue of victims stranded on the bridge. The swift and heroic actions of the first responders that day saved countless lives and were critical in minimizing the potential for more loss of life. I received the tragic news of the bridge collapse while standing on the floor of this House, managing the Water Resources Development Act. The Transportation Committee staff and I immediately began developing legislation to help the City of Minneapolis, the Twin Cities metropolitan area, and the State of Minnesota cope with the loss of a major transportation artery, and rebuild after the terrible tragedy. The Committee approved my legislation the following morning, and the House passed H.R. 3311, authorizing up to $250 million to carry our emergency repairs and reconstruction of the bridge and $5 million for transit needs less than 48 hours after the tragedy occurred. To date, a total of $371 million in Federal funding has been provided for the cleanup and reconstruction of this crossing. Construction of a replacement bridge on I-35W has moved swiftly. By late October, 2007, major work to replace the bridge had begun, and by mid-April of this year construction crews had reached the half-way point in the project. This week, crews will finish pouring the concrete on the final span of the new bridge as construction continues ahead of schedule. The new bridge is expected to open on December 24, 2008. This tragedy demonstrates the need to make a commitment to invest in the maintenance, reconstruction, and replacement of our nation's surface transportation infrastructure. Many bridges, highways, overpasses, and transit facilities are being stretched to the limit of their design life and beyond. Of the 599,766 bridges in the National Bridge Inventory, 25.4 percent of America's bridges--more than one in four--are structurally deficient or functionally obsolete. There are 72,524 structurally deficient bridges and 79,792 functionally obsolete bridges. According to the Department of Transportation (``DOT''), more than $65 billion could be invested immediately in a cost-beneficial way to replace or otherwise address existing bridge deficiencies. Of particular concern is the condition of bridges on the 162,000-mile National Highway System (``NHS''), which consists of the 46,747-mile Interstate System, the Strategic Highway Network for military mobilizations, and other major highways. While the NHS makes up only 4.1 percent of total U.S. mileage, it carries 45 percent of vehicle miles traveled. NHS bridges carry more than 70 percent of all traffic on bridges. Of the 116,172 bridges on the NHS, including more than 55,000 Interstate System bridges, 6,175 are structurally deficient. Almost one-half of these structurally deficient NHS bridges are bridges on the Interstate Highway System, which has 2,830 structurally deficient bridges. The DOT estimates the current NHS bridge investment backlog to be $32.1 billion, including $19.1 billion for the Interstate Highway System bridge backlog. While bridges are a key component of our nation's infrastructure network, these figures highlight the failure to make necessary investments in our nation's transportation infrastructure network. America's intermodal transportation network serves as the backbone of our economic security and competitiveness, as well as our quality of life. It facilitates the safe movement of people and goods, linking our communities to each other and to the world. The U.S. transportation system has served as a model for developing an interconnected network. However, in recent years we have been losing ground. Many aspects of America's transportation network are operating at or near capacity. The Texas Transportation Institute, in its 2007 Urban Mobility Report, reported that in 2005 wasted fuel and time translated into a total congestion cost--or tax on the nation's drivers--of $78.2 billion--$5.1 billion higher than a year earlier. This congestion translates into millions of vehicles stuck idling on American roadways. This undermines our nation's economic competitiveness, productivity and quality of life. It has also contributed to a significant increase in transportation's share of U.S. green-house gas emissions. Advances in logistics have turned our nation's roadways into real- time warehouses thanks to ``just in time delivery'', which builds greater efficiencies and cost savings into the system by allowing businesses to order parts and inventory stock in smaller batches. However, the increasing congestion on the nation's roadways threatens these efficiency gains. Truck transportation has increased its share of overall logistics costs for U.S. companies, reaching 77 percent of total logistics costs in 2007. Total logistics costs today account for 10.1 percent of the U.S. Gross Domestic Product in 2007, up from 9.9 percent in 2006. With our 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 our intermodal surface transportation network will require a bold new vision and approach to addressing the challenges of the 21st century, and a commitment to identifying the resources to carry out this new vision. Yet we continue to underinvest in infrastructure. Earlier this year a Congressionally-chartered Commission--the National Surface Transportation Policy and Revenue Commission-- identified a significant surface transportation investment gap, and called for an annual investment level of between $225 and $340 billion--by all levels of government and the private sector--over the next 50 years to upgrade all modes of surface transportation (highways, bridges, public transit, freight rail and intercity passenger rail) to a state of good repair. The current annual capital investment from all sources in all modes of transportation is $85 billion. We are now on the threshold of a transformational moment in the evolution of our surface transportation program. Next year, as Congress develops the next surface transportation legislation, we will face challenges in determining what the shape of our system should be and how best to finance it. This new era of transportation will challenge our imagination, our political will, and the tendency of all user groups to hunker down, think and act in insular ways--in self-interest, rather than in the common interest. We must begin now to rise above our differences, to find common ground in policies--and funding--that will best serve the nation's passenger and freight mobility and access needs in the 21st century. Infrastructure is easily overlooked. It is always there, always functioning, always serving our needs. When infrastructure fails, though, as it did that day one year ago in Minneapolis, we are suddenly awakened to the fragility of our national transportation system. The collapse of this facility is a tragedy that policymakers and leaders around the country, and Americans in general, will not soon forget. The traveling public is looking to their government for solutions to ensure that such a tragedy will not happen again. We must take the lessons of the I-35W Bridge, and use them to create an accountable and reliable surface transportation program that guards the safety of all users. It will be up to Congress and the next Administration to summon the political will necessary to create a surface transportation system that will serve as an engine of sustainable growth, underpinning and enhancing the greatest economy in the world, and ensuring the safety of American drivers. We cannot walk away from this responsibility, and we can no longer afford to ignore it.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, today I join the gentlewoman from Illinois, Ms. Bean, and 19 of our colleagues in introducing the Taking Responsible Action for Community Safety Act. The bill will ensure that the Surface Transportation Board (``STB'') has the legal authority and policy direction to deal with railroad mergers that have the potential to cause serious safety, environmental, and other quality of life problems for affected communities. A recently filed merger application has called attention to the need for enhancing the authority of the STB. The application was filed by the Canadian National Railway (``CN''), seeking the Board's approval to acquire control of the 198-mile Elgin, Joliet, and Eastern (``EJ&E'') rail line. Communities affected by the merger have alleged serious impacts from the new operations which are planned for the merged carrier. This acquisition could adversely impact more than 40 communities along the EJ&E line, and result in rail traffic increases of 15 to 24 trains per day. For example, in Barrington, Illinois, the number of freight trains will increase from 5 to 20. In Plainfield, Illinois, the CN train total will reach 42 per day. The communities impacted by the proposed acquisition have raised significant concerns related to public safety, grade crossing safety, hazardous materials transportation safety, noise, and economic job loss. For example, the EJ&F line includes 133 grade level crossings that intersect with existing roadways. Increased traffic on the line may not only adversely impact motorist safety but emergency response time and vehicle access, a growing concern for many communities across the nation. Under current law, the STB has very limited power to consider these concerns. The STB is now required to approve all mergers and consolidations between a Class I railroad (such as CN) and a Class II railroad (such as EJ&E) unless the Board finds that the merge is likely to cause a substantial lessening of competition, create a monopoly, or restrain trade in freight surface transportation in any region of the United States; and that the anticompetitive effects of the transaction outweigh the public interest in meeting significant transportation needs. The STB does have authority to impose conditions to address community concerns on any approval of a merger between a Class I railroad and Class II railroad. However, the STB has decided to significantly limit the types of conditions it will impose. Under its regulations, the STB will not impose conditions that may ``undermine or defeat'' a transaction, even if those conditions are critical to ensuring the safety and health of communities. The bill we are introducing today will enable the STB to thoroughly consider the public interest when evaluating a proposed railroad merger or consolidation which includes at least one Class I railroad. Specifically, the bill requires the STB to consider, in a merger or consolidation proceeding, the safety and environmental effects of the proposed transaction, including the effects on local communities, such as public safety, grade crossing safety, hazardous materials transportation safety, emergency response time, noise, and socioeconomic impacts. It also requires the STB to consider the effects of the proposed transaction on intercity passenger rail and commuter rail. The bill prohibits the STB from approving or authorizing a merger or consolidation if it finds that the transaction is inconsistent with the public interest because the transaction's impacts on safety and on the affected communities outweigh the transaction's transportation benefits. Further, the bill authorizes the STB to impose conditions to mitigate the effects of the transaction on local communities when such conditions are in the public interest. With these new powers and policy directives, the STB will have greatly enhanced ability to protect local communities against the adverse effects of rail mergers. I urge my colleagues to support this important legislation.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 6340, a bill to designate the Federal building and United States courthouse in White Plains, New York, as the ``Charles L. Brieant, Jr. Federal Building and United States Courthouse''. I commend the gentlewoman from New York, Ms. Lowey, for her steadfast actions to ensure that this bipartisan bill received timely consideration. Judge Brieant was an eminent jurist who recently died at the age of 85. He maintained a full docket until he moved to senior status in 2007. Judge Charles Brieant, Jr. was born in 1923 in Ossining, New York, and served in his hometown during his entire professional career. He graduated from Columbia University and Columbia Law School. He began his public service practicing in White Plains, New York, while serving as water commissioner for the town of Ossining, New York. Judge Brieant was elected Ossining town justice in 1952 before serving as village attorney for Briarcliff Manor, New York. From 1960 through 1963, he served as town supervisor for Ossining. He also served in the New York legislature in 1970 and 1971. In 1971, President Richard M. Nixon nominated Judge Brieant to serve on the District Court for the Southern District of New York. He served as Chief Judge for the Southern District of New York from 1986 to 1993. Last year, Judge Brieant took senior status. During his distinguished career, Judge Brieant received many awards and honors including the Servant of Justice Award from the Guild of St. Ives in 1998 and the Edward Weinfeld Award for Distinguished Contributions to the Administration of Justice in 2006. During his lengthy career, Judge Brieant rendered many important decisions, including the Texaco bankruptcy case, and the decision to overturn New York's primary system, declaring it ``unconstitutionally discriminating'' by diluting the voting strength of minority voters. He was known as a strong independent thinker, a true gentleman, and a mentor to young lawyers. It is both fitting and proper to honor Judge Brieant's distinguished public career with this designation. I urge my colleagues to join me in supporting H.R. 6340.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, my colleagues and I join together today to introduce the ``Smithsonian Institution Facilities Authorization Act of 2008''. I thank my colleagues, including Committee on House Administration Chairman Brady and Ranking Member Ehlers, Committee on Transportation and Infrastructure Ranking Member Mica and Subcommittee Chairwoman Norton, and the Congressional Regents of the Smithsonian Institution, Mr. Becerra, Ms. Matsui, and Mr. Sam Johnson of Texas, for their efforts to move this important legislation forward. I also thank the Smithsonian Institution for its effort on behalf of the legislation and welcome the new Secretary, Dr. G. Wayne Clough. I look forward to working with Secretary Clough as the Committee on Transportation and Infrastructure works to address the enormous repair and maintenance backlog of the Smithsonian Institution facilities and ensure that its facilities meet the highest standards of energy efficiency and conservation. The bill 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 (``SERC'') in Edgewater, Maryland. The bill also authorizes the Board of Regents to construct laboratory space to accommodate the terrestrial research program of the Smithsonian Tropical Research Institute (``STRI'') in Gamboa, Panama. The Committee on Transportation and Infrastructure will consider the Smithsonian Institution Facilities Act on July 31. The Committee will also consider S.J. Res. 35, which provides for the construction of the Very Energetic Radiation Imaging Telescope Array System (VERITAS) project in Arizona. Earlier this year, the Committee on Transportation and Infrastructure reported H.R. 5492, to authorize the Board of Regents to construct a greenhouse facility at its museum support facility in Suitland, Maryland, favorably to the House, and the House passed the bill by voice vote on March 11, 2008. The Committee hopes to bring S.J. Res. 35 to the House in early September. With passage of these bills, the House of Representatives will have completed action on the Smithsonian Institution's construction program for this fiscal year. Section 2 of the bill authorizes the Board of Regents to design and construct laboratory and support space to accommodate the Mathias Laboratory at the Smithsonian Environmental Research Center in Edgewater, Maryland. The bill authorizes $41 million to design and construct the facility. SERC is a global leader in the study of ecosystems in the coastal zone. The 52,000-square-foot replacement laboratory will be connected to the existing structure to provide an operationally efficient and environmentally sustainable laboratory facility for SERC's research programs. The project will eliminate the use of temporary, unsafe trailers, address substandard, inefficient laboratory facilities, and will substantially reduce the facility's energy use and maintenance costs. Section 3 of the bill authorizes the Board of Regents to construct laboratory space to accommodate the terrestrial research program of the Smithsonian Tropical Research Institute in Gamboa, Panama. The bill authorizes $14 million to construct the 53,283-square-foot facility. STRI is the principal United States organization devoted to research in tropical biology. Tropical biology is critical to finding untapped resources to add to the important supply of food, pharmaceuticals, and fiber of tropical regions. STRI has outgrown the space available at its current facilities and this bill provides for construction of a new lab in Gamboa, Panama, on the east bank of the Panama Canal. Gamboa is protected by geography from the encroachment of civilization and pollution. The terrestrial research program is critical to understanding the role that tropical plants and soils play in global climate change models and for enriching knowledge of tropical biodiversity. I urge my colleagues to join me in supporting the ``Smithsonian Institution Facilities Authorization Act of 2008'', and I look forward to working together with my colleagues on these and other Smithsonian Institution issues.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I rise in opposition to the motion to recommit.

Mr. OBERSTAR. I first want to address the underlying bill. There is a great deal of misinformation coming from some State Departments of Transportation. Curiously, those who have done the most transferring money out of their bridge account for other purposes, then come back and complain that they don't have enough money to repair deficient bridges. The language in this legislation, by determination of the Congressional Budget Office, is not a mandate. There is no intergovernmental or private sector mandates, as defined in the Unfunded Mandates Reform Act, first. Secondly, the bill requires States to inspect structurally deficient bridges and fractured critical bridges annually. And to do that work, they can use money out of their bridge account to pay for bridge inspectors and to undertake the inspections. There is no limitation. The only limitation is if you have a structurally fractured critical bridge in your bridge inventory, fix it first before you transfer money for some other purpose. Now this pending motion to recommit was rejected in our committee when we initially considered it in another piece of legislation. It is really special interest legislation because the company that would operate the LNG facility would be a principal beneficiary. To explain the specifics of that intricacy, I yield 1\1/2\ minutes to the gentleman from Massachusetts (Mr. McGovern).

Mr. OBERSTAR. I yield the balance of my time to the gentleman from Massachusetts (Mr. Frank).

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that in the engrossment of H.R. 3999, the Clerk be authorized to correct section numbers, punctuation, cross-references, and to make such other technical and conforming changes as may be necessary to accurately reflect the actions of the House.

Mr. OBERSTAR

Mr. OBERSTAR. I yield myself such time as I may consume. The gentleman from Massachusetts (Mr. Capuano) raised this issue of a National Tunnel Inspection Program, of course, from very firsthand experience in the City of Boston, with the collapse of the roof and several sections that collapsed resulting in at least one fatality and many injuries. At the time, the gentleman offered the amendment on a previous piece of legislation. It was not the appropriate vehicle, and I counseled the gentleman to wait until we would have an appropriate bill from the committee with which we could consider his proposal. This was way last year. I didn't know at the time that we were going to have a bridge collapse in Minnesota and that we might have this very appropriate vehicle. The amendment creates a National Tunnel Inspection Program at the Federal Highway Administration to develop national inspection standards for proper safety inspection and evaluation of highway tunnels. National standards would be designed to ensure uniformity throughout the States in inspection and evaluation of highway tunnels. And the tragedy of the tunnel in the Boston harbor tunnel in that city is adequate reminder that we need to raise the standards, do a more vigorous and effective job of inspecting tunnels throughout the United States, and I ask for adoption of the amendment. I rise in support of the amendment offered by the gentleman from Massachusetts (Mr. Capuano). This amendment creates a National Tunnel Inspection Program that would establish national tunnel inspection standards and ensure uniformity among the States in the conduct of such inspections. The substance of this amendment was approved by the House in January by a voice vote. While the need for these improvements to our surface transportation program has long existed, the tragic tunnel collapse in Boston, Massachusetts, two years ago brought about the catalyst for its implementation. On Monday, July 10, 2006, at approximately 11:00 p.m., a section of the suspended concrete ceiling above the eastbound lanes of the Interstate 90 connector tunnel in Boston, Massachusetts, fell onto a vehicle traveling to Logan International Airport. A passenger, riding in the right front seat of the vehicle, was killed, while the driver escaped with minor injuries. The National Transportation Safety Board (``NTSB'') immediately launched an investigation into the cause of the ceiling panel collapse. The NTSB report observed that had the Massachusetts Turnpike Authority inspected the area above the suspended ceilings at regular intervals, the anchor creep that led to this accident would likely have been detected, and this tragedy could have been prevented. While we cannot undo the damage caused by this accident, we can, and we must, take the necessary actions to prevent future tunnel collapses. The NTSB report also found that the Federal Highway Administration (``FHWA'') lacked the regulatory authority to conduct tunnel inspections, and recommended that the FHWA seek legislation authorizing the agency to establish a mandatory tunnel inspection program similar to the National Bridge Inspection Program. That is exactly what this amendment will do--establish a national program to inspect highway tunnels. The Secretary of Transportation, in consultation with State Departments of Transportation, private organizations and individuals, will establish national tunnel inspection standards for safety inspections and evaluations of all public highway tunnels. The program also establishes criteria for certification and training of tunnel inspectors, and requires States to prepare and maintain an inventory of public highway tunnels. The NTSB report made clear that the death that occurred on that July evening could have been prevented had this tunnel been inspected at regular intervals. This legislation will establish a framework to address this serious safety concern, and ensure that tragedies like that of July 10, 2006, will not occur again. To address the absence of comprehensive inspections standards for our nation's highway tunnels, I urge my colleagues to join me in supporting this amendment. I yield back the balance of my time.

Mr. OBERSTAR. Madam Chairman, I yield 2 minutes to the distinguished gentlewoman from the State of Minnesota (Ms. McCollum), whose district borders on the I-35W Bridge.

Mr. OBERSTAR. I thank the gentleman for yielding and for raising this issue as members of the committee on the other side of the aisle have done. And the needs-based formula I think has served us well. It has been a good principle.

Mr. OBERSTAR. Mr. Chairman, I move that the Committee do now rise.

Mr. OBERSTAR. I yield the gentleman 30 additional seconds. We ought to revisit the needs formula in the upcoming legislation for the new authorization and revamp, if necessary, that needs-based formula so that it more equitably reflects the needs of the States and their commitment to and actions taken on maintenance replacement of their bridges on the national highway system.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on the bill, H.R. 3999, and include extraneous material in the Record.