James Oberstar

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this legislation will raise the retirement age for commercial airline pilots from age 60 to age 65. For more than three generations, pilots have been required to retire from commercial aviation when they reach age 60. There have been a number of changes in both the medical condition, the medical examination of pilots, recurring, more intensive medical reviews, that argue for a longer period of time for the age of retirement of commercial pilots. There have been changes in the economics of aviation that have rearranged the retirement plans for pilots in midstream, in some cases wiping out retirement plans altogether, in other cases totally restructuring them, which two factors argue for a change in the retirement age. We responded to those changed circumstances in the FAA Reauthorization Act of 2007, which moved from our committee through the House on September 20th. It was our hope that the other body would move ahead with an FAA reauthorization bill. That hasn't happened. As time went on and the other body continued to be locked in whatever difficulties they encounter, there were increasing appeals from pilots, from airlines, from the traveling public, frankly, to separate out this provision from our reauthorization bill. I was very reluctant to do that, in hopes that we would use this provision, among others, as leverage and as part of our integral package on FAA reauthorization. Clearly, the other body is not going to even move a bill through committee in the waning days of this session. It then became clear to me there was no reason further to delay action on this matter of justice for commercial airline pilots. Furthermore, the FAA forecasts an increase in airline travel to more than 1 billion passengers in the next 7 to 8 years, and retirements among airline pilots are up 173 percent. We are seeing almost every day five or more of the most senior experienced pilots retiring. We ought to provide this relief. We ought to separate this provision out from our House-passed bill and provide a measure of justice and economic relief for pilots. In the reauthorization bill, the provisions that we included for this age relief are drawn out and included in H.R. 4343. One, pilots who have reached age 60, to serve beyond that time frame, must have a first-class medical certificate renewed every 6 months. Second, they must continue to participate in FAA pilot training and qualification programs to ensure acceptable levels of skill and judgment. Three, they must submit to a line check every 6 months. That assures that pilots who are continuing to serve beyond age 60 will meet all the threshold requirements of skill, capability, alertness and responsiveness to their ever-increasingly difficult challenges. In addition, our bill requires international flights leaving the U.S. to have at least one pilot under the age of 60. That applies international standards in the flight deck. This requirement would terminate if the international standard were changed. The increased pilot age limit is not retroactive, however, and does not allow pilots who reached age 60 prior to enactment to serve as commercial pilots unless they are employed by an air carrier as a required flight deck crew member, or are newly hired on after the date of enactment without credit for prior service. I believe that moving this legislation now, if we can also get it through the other body in quick order, will have a profound and personal effect on the lives of thousands of pilots who otherwise would be forced to retire. We have had consensus within the committee on this issue. The question is whether we should take it out at this time or leave it in the House-passed bill for consideration later in conference with the other body. Clearly, as I said earlier, we are not going to get to that point, and Mr. Costello has advocated strongly that we consider at an appropriate time moving the legislation separately, and he is the Chair of the Aviation Subcommittee. Mr. Mica has been a strong advocate for early action on this legislation, apart from our authorization bill. Mr. Petri, the same, and other pilot members of our committee have similarly advocated. So I think we move ahead with a broad consensus measure that should pass the House readily and hopefully the other body as well. Mr. Speaker, I reserve the balance of my time.

Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4343) to amend title 49, United States Code, to modify age standards for pilots engaged in commercial aviation operations.

Mr. OBERSTAR. Mr. Speaker, I yield myself 30 seconds to express my appreciation to Mr. Petri and Mr. Mica for their good wishes and the welcome back. It is a good feeling to have recovered from rather extensive surgery. I am fond of saying now I have more metal in my neck than in some of my bicycles, because they are carbon fiber and these are titanium rods and screws, and I am learning to live in a different way with this new architecture in my cervical spine. But it is a good feeling to recover use of hands and arms and be able to function fully and normally. I am grateful to both gentlemen for their good wishes and for all those colleagues who sent good wishes and cards and good eats. Mr. Speaker, I yield such time as he may consume to the distinguished chairman of the Aviation Subcommittee, the gentleman from Illinois (Mr. Costello).

Mr. OBERSTAR. I yield back the balance of my time.

Mr. OBERSTAR. Mr. Speaker, on that I demand the yeas and nays.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material therein.

Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume. The John F. Kennedy Center for the Performing Arts is a national memorial to a fallen President, one of the most loved, respected, and admired Presidents of our history. The John F. Kennedy Center for the Performing Arts was initially proposed as a national cultural center during the tenure of President Dwight Eisenhower. It moved its way through the legislative process and took firm root and forward progress during the brief tenure of President John F. Kennedy and then sprang forward under President Lyndon Johnson. It has become an extraordinary cultural center for the Nation. Our committee has had the good fortune to hold jurisdiction over the physical facility of the Kennedy Center and of its operations, and we have managed that responsibility very thoroughly and very effectively through the tenure of many previous Chairs of this committee. In particular, in the current context I thank the gentlewoman from the District of Columbia (Ms. Norton), who is the Chair of the Subcommittee on Economic Development, Public Buildings, and Emergency Management, for her leadership on this bill as well as our ranking member of the full committee, Mr. Mica, and the subcommittee ranking member, Mr. Graves, and Mr. Petri who is here today managing the bill on the Republican side, for crafting what has historically been in our committee bipartisan legislation dealing with the operations of the Kennedy Center. Since opening its doors September 8, 1971, the Kennedy Center has continued each year to gain national and international renown for its performance arts, programming, and for the education programs at the Kennedy Center that reach out across the Nation so that high schools, colleges, and universities can participate by satellite and live performances or recorded performances at the Kennedy Center. The center has crossed the threshold in the last couple of years by performing over 3,000 performances, hosting millions of theater-goers, visitors, tourists. But of all of those accomplishments, none matches the international outreach of the Kennedy Center under President Michael Kaiser. In the aftermath of the Iraq war, Michael Kaiser personally traveled to Iraq to meet with the musicians of the Iraqi symphony who were, in many cases, without instruments or had somehow sheltered them from the post-invasion trauma, and secured instruments for them and secured funding to travel the Iraqi symphony to the Kennedy Center to perform jointly with the National Symphony Orchestra, an extraordinary gesture of international brotherhood and sisterhood of the arts. President Kaiser has traveled to Africa, to the Far East, Japan, China to mobilize interest in the arts, joint initiatives with the Kennedy Center, and has actually established programs of arts management in countries well beyond our shores to help particularly Third World countries where arts have fallen well below the threshold of national concerns where people are more concerned about starvation and disease than they are about the arts. President Michael Kaiser has raised the threshold, raised the vision of arts managers in other countries, and created a great future for the arts wherever he has traveled. Over the past decade, a great deal of work at the Kennedy Center has focused on life safety and accessibility projects. Many of those are completed. The Kennedy Center's capital building plan, which was updated earlier this year, emphasizes facility infrastructure. Over the next several years, the Kennedy Center will focus on replacing mechanical and electrical systems that consist of original equipment that is well beyond its useful life or should be replaced by more efficient equipment, and we provide authority for that work to continue to prevent failure or breakdown of essential equipment. The bill before us today authorizes appropriations for maintenance and capital projects of the Kennedy Center for fiscal years 2008 to 2010. For maintenance, repair, and security, the bill authorizes $64.5 million over 3 years. For capital projects, the bill authorizes $56.2 million through 2010. Those are numbers derived from the Kennedy Center's 2006-2007 Comprehensive Building Plan, which has worked its way through the administrative review process within the administration and the Office of Management and Budget. The bill also authorizes the center to study, plan, design and build a photovoltaic system on the four-acre main roof of the Kennedy Center. That is 140,000 square feet of roof space. A preliminary estimate shows that a photovoltaic system would cost $6 million to build, but would save $10 million over the next 25 years. It is part of the plan of this committee to redirect the energy consumption of our portfolio of Federal civilian office space, for which this committee has responsibility of some 367 million square feet of Federal civilian office space that we can cut down on the electricity bill of $5.8 billion a year at those facilities. We could save the taxpayers a lot of money, and we could save the environment an awful lot of damage by converting to photovoltaic use. A good place to start is with the arts and with the Kennedy Center and with the Department of Energy building in the recently House-passed version of the energy conservation bill. So this initiative that we require would in itself be a tribute to President Kennedy's longstanding well-known views of environmental protection. I reserve the balance of my time.

Mr. OBERSTAR. Mr. Speaker, it is my earnest hope that the other body will act promptly on this legislation. We would certainly like to get the bill enacted before the close of this session of Congress. We intend to pass this bill and send it over to the other body in the hopes that they will simply accept or make such technical or minimal changes as we can accept without the need for a conference with the other body, and send this bill on to the President to get the authorization in place in time for the upcoming budget cycle. I yield back the balance of my time.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume. This legislation will ensure that the motor coach accessibility regulations promulgated by Department of Transportation under the Americans with Disabilities Act are vigorously monitored and actively enforced. A leader in this initiative was our committee colleague, the gentleman from Oregon (Mr. DeFazio). His leadership on this initiative is of long standing, his commitment to the handicapped community is well known, and he has been a forceful and vigorous advocate, as has Mr. Petri, who is the ranking member of the Aviation Subcommittee, and served previously as Chair of the Surface Subcommittee. He is well familiar with the issues presented to our fellow citizens saddled with disabilities. Under the Americans with Disabilities Act, the DOT was required to adopt a final rule, which they did in 1998, requiring vehicle modifications for intercity buses, charter buses, tour buses, to accommodate individuals with disabilities. But regulations have to be enforced to be effective, and the Federal Motor Carrier Safety Administration has interpreted the motor carrier statute in a way that limits the agency's ability to assess compliance with over-the-road bus accessibility regulations. That's not acceptable. We have had quite some discussion about that issue. And, in fact, a new version of the American with Disabilities Act was introduced earlier this year by our majority leader, the gentleman from Maryland (Mr. Hoyer) and cosponsored and co-initiated by the gentleman from Wisconsin (Mr. Sensenbrenner) who has long been a strong advocate for legislation supporting the needs of the handicapped community. Relying simply on Department of Justice enforcement authority, the FMCSA felt it couldn't take action on violations of its own regulations by over-the-road bus companies. In the U.S. Court of Appeals case, Peter Pan Bus Lines and Bonanza Acquisition, the court rejected the claim that the agency does not have discretion to interpret the law to allow consideration of compliance with ADA. The case was sent back to FMCSA for further review in February of this year. But again the agency dragged its feet. After 8 months of failure to act, the FMCSA responded to the court in October, but only after Chairman DeFazio and I expressed our intent to legislate a solution if the agency did not provide its own plans to comply with ADA requirements. In the decision, FMCSA defends its position that the agency does not have the authority to enforce the American with Disabilities Act and said, ``If Congress intended to expand the fitness criteria to include compliance with additional DOT regulations such as 49 CFR part 37, it presumably would have said so.'' Well, we are saying so today. If that's what they think they need, then we are going to make sure they have the authority to do it. There is no excuse for any further delay. Specifically, the pending bill amends section 13902 of title 49 of U.S. Code to prohibit the Federal Motor Carrier Administration from granting registration authority to motor carrier providing over-the- road bus transportation where that carrier is not willing or able to comply with the accessibility requirements under subpart H of part 37 of title 49, CFR. This bill will allow DOT to put compliance with ADA on a par with compliance with safety requirements, further clarifying in this legislation that the Secretary may suspend, amend or revoke a motor carrier's registration in the event of willful failure to comply with ADA. And bill further requires DOT and the Justice Department to enter into a memorandum of understanding to clearly define each department's roles and responsibilities in enforcing the provisions of ADA. This was not a new initiative. Some years ago when I chaired the Economic Development Subcommittee and the Investigations and Oversight Subcommittee, my colleague from Pennsylvania, Mr. Klinger, and I required similar memorandum of understanding among three departments who were failing to carry out their responsibility on transportation overlaps. So what we are doing here in this legislation has precedence of over 20 years ago in a similar issue of transportation. ADA was enacted 17 years ago. We need to keep our vigilance over its enforcement, make sure that the agency is doing its responsibility to oversight and that the carriers are complying with their responsibility to all members of the traveling public. Mr. Speaker, I reserve the balance of my time.

Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3985) to amend title 49, United States Code, to direct the Secretary of Transportation to register a person providing transportation by an over-the-road bus as a motor carrier of passengers only if the person is willing and able to comply with certain accessibility requirements in addition to other existing requirements, and for other purposes.

Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 3985.

Mr. OBERSTAR. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. OBERSTAR. Mr. Speaker, on that I demand the yeas and nays.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 661) honoring the accomplishments of Barrington Antonio Irving, the youngest pilot and first person of African descent ever to fly solo around the world, as amended.

Mr. OBERSTAR. I yield myself such time as I may consume to express my great appreciation to the gentleman from Wisconsin and the gentleman from Florida (Mr. Mica). Mr. Petri has been wonderful to work with on this issue and to acknowledge an extraordinary achievement that the gentleman from Florida (Mr. Hastings) has spelled out in such graphic detail, and well said. Barrington Irving did something truly extraordinary in flying around the world. But more important than the flight was the inspiration he has served and has become for young people, young people younger than him, or his age, who are fascinated with aviation and with aerospace itself. Mr. Irving established a nonprofit educational organization, created a travel blog for the purpose of empowering young people and encouraging minorities, in particular, to pursue careers in aviation. His around-the-world trip earned widespread community support and sponsorship, but more importantly as an inspiration for young people to aspire to something greater than themselves for the future. The gentleman from Florida (Mr. Hastings) cited the initial investment in the college program that stimulated young Barrington's interest and facilitated his skill in aviation, and appropriately mentioned our former colleague, Bill Lehman, who served as Chair of the Transportation Appropriations Subcommittee, and that brought a very touching memory back to me as I worked with then-Chairman Lehman in my capacity as Chair of the Aviation Subcommittee to resolve a number of complex issues in aviation. He was always gracious and caring and helpful and astute. I appreciate the gentleman's reference. And let us move quickly to enact this legislation to acknowledge Barrington Antonio Irving's contribution to aviation, an inspiration to young people.

Mr. OBERSTAR. I yield back the balance of my time.

Mr. OBERSTAR

Mr. OBERSTAR. I am here to address the contribution of the Transportation and Infrastructure Committee to H.R. 6, the Energy Independence and Security Act. We begin with the Department of Energy, itself, by providing funding to build a photovoltaic solar wall on the south wall of the Department of Energy. It was built without windows or doors to accommodate a solar application, but the funding was never provided over the last 12 years. The project will pay for itself in less than 18 years and then begin sending excess energy into the local power grid. We continue with the U.S. Capitol. We require the Architect of the Capitol to undertake feasibility studies on installing photovoltaic roofs on two buildings, Rayburn and Hart, and also a feasibility study to capture, store and use carbon dioxide from the Capitol power plant. We spread these efforts further across the Nation by requiring the General Services Administration to install energy-efficient and renewable energy systems, including compact fluorescent bulbs and photovoltaic systems on Federal office buildings and U.S. courthouses across the country. We also prohibit the Coast Guard from using incandescent light bulbs unless they determine they are necessary for their mission. The bill also establishes critical targets for GSA and other Federal civilian agencies to cut energy use by 30 percent and fossil fuel use 65 percent within a decade. Within 25 years under provisions in this bill, all fossil fuel use in Federal buildings will be eliminated. Transportation. We authorize in law a Center for Climate Change and Environment under the Department of Transportation, which has existed by administrative action but has not been effective. It will be under this legislation. We increase the Federal share for congestion mitigation and air quality improvement highway funds to 100 percent for incentives for States to use funds to finance alternatives for people driving alone. We authorize $40 million for short line and regional railroads to buy green locomotives, $200 million for track improvements to encourage movement of goods by rail, and a new short sea shipping program to move goods by more efficient means. Short sea shipping is short-haul movement of goods by water to avoid congestion areas. Widely used in Europe, they have a vast network of short sea transportation routes. The bill will promote use of such shipping opportunities on the Great Lakes and on the saltwater coast of the United States, using the Capital Construction Fund, building ships in the United States, including in the State of Wisconsin, to build short sea shipping vessels to avoid congestion in places like Chicago. We make a real, solid contribution.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise in strong support of H. Res. 822, which recognizes the 100th anniversary year of the founding of the Port of Los Angeles. The Port of Los Angeles is located in San Pedro, California and is a part of the Southern California port complex. This complex handles more than 43 percent of all goods arriving in the United States. The complex has grown 246 percent over the past 11 years, and trade-related jobs at the complex have tripled. The amount of cargo handled by this complex is also expected to triple by the year 2030. Although the earliest history of the Port of Los Angeles dates back to the 1500s, the Board of Harbor Commissioners was created on December 9, 1907, which officially founded the port. In 1542, a Portuguese explorer named the natural harbor ``Bahia de los Fumos'' or ``Bay of Smokes,'' when he stated the bay ``is an excellent harbor and the country is good with many plains and groves of trees.'' In 1869, a new era of development for the harbor region was marked when Los Angeles and San Pedro Railroad began service between San Pedro Bay and Los Angeles, becoming the first railroad of Southern California. In 1958, the containerized cargo revolution began on the west coast, when the Hawaiian Merchant delivered its first shipment of 20 cargo containers to the port. A principal partner in the $2.5 billion Alameda Corridor project, which opened in April 2O02, the port worked with local, regional, and statewide agencies to develop a robust regional transportation infrastructure. The project is a 20-mile expressway that connects the Port of Los Angeles to America's transcontinental rail system, improving the transportation systems that move goods throughout the region. Last year, the Port of Los Angeles handled more than 8.5 million twenty-foot container units, making it the leading container port in the United States for 7 consecutive years. The port has the largest single container terminal in the world. The nearly 500-acre container complex, operated by Maersk Sealand and APM Terminals, was completed in 2004 and has been acclaimed as an engineering phenomenon and a model of operational efficiency. The port has implemented modern and innovative transportation and good movements systems, has set global standards, and is a leader in terminal efficiency and environmental initiatives. I congratulate the Port of Los Angeles on its achievements for the past 100 years and wish the port continued success in national and world commerce for the next century. I urge my colleagues to support this resolution.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker I rise in strong support of H.R. 3315, a bill to designate the great hall of the Capitol Visitor Center (``CVC'') as ``Emancipation Hall''. I commend the work of the gentleman from Tennessee (Mr. Wamp) and the gentleman from Illinois (Mr. Jackson) for their work in support of this bill. The United States Capitol and its iconic dome are symbols of democracy around the world; symbols of the deliberative legislative process, a place where people debate in the realm of ideas not with arms, swords, or bombs but with minds and ideas. As America has grown and changed over its history, so has the Capitol. Beginning next year, the Capitol will have an extraordinary new addition, the Capitol Visitor Center. The CVC represents the largest addition to the U.S. Capitol in its 212-year history. This facility will host the more than three million people who visit the Capitol on an annual basis. The great hall will include information and ticketing desks, and provide an area where Americans from all over the country can gather to take in scenic views of the Capitol or prepare to explore the 580,000-square-foot Visitor Center. The CVC will also include an exhibition gallery, a 550-seat cafeteria, gift shops, and orientation theaters. The CVC will provide an opportunity for visitors to learn about the construction of the Capitol from its very beginning. This education would not be complete without an acknowledgement of the contribution slave labor. In 2004, Congress directed the Architect of the Capitol to produce a report on the history of slave labor in the construction of the United States Capitol. Although the record is incomplete because of limited documentation of slave labor, the evidence available and historical context provide several indications that slaves and free African Americans played a significant role in building these historical monuments. The U.S. Capitol was constructed during a time when the Potomac region's population was sparse, but the concentration of slave laborers was the highest in the nation. Slave labor was an integral component of the region's workforce. Slave labor was utilized in all aspects of construction of the Capitol and slaves often worked alongside free blacks and whites in the areas of carpentry, masonry, carting, and painting. Many of the products of slave labor are still visible in the Capitol buildings today and they serve as a reminder of the significant and undeniable contribution that these individuals made to our nation. In 2005, the Slave Laborers Task Force was established to study and recognize the contributions of enslaved African Americans in building the U.S. Capitol. On November 7, 2007, the Slave Laborers Task Force, chaired by Representative John Lewis, specifically recommended that the great hall of the Capitol Visitor Center be designated as ``Emancipation Hall''. H.R. 3315 acknowledges the historic contributions of slaves and freedman to the building of the United States Capitol. This bill is a fitting tribute to those who worked tirelessly, but especially to those who were slaves and who gave their labor in this citadel of freedom and democracy. I urge my colleagues to join me in supporting H.R. 3315.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 3495, the ``Kids in Disasters Well-Being, Safety and Health Act of 2007''. The importance of examining the special needs of children in preparing for, responding to, and recovering from emergencies and disasters cannot be overstated. Approximately one-fourth of the residents of areas damaged or flooded by Hurricane Katrina were under the age of 18. More than 400,000 children under the age of five lived in or were evacuated from counties or parishes declared as disaster areas by the Federal Emergency Management Agency (``FEMA''). Hurricane Katrina exposed sobering vulnerabilities in our Nation's ability to meet the needs of children during disasters. As a result of Hurricane Katrina, 5,192 children were reported missing or displaced to the National Center for Missing and Exploited Children. Stunningly, it took 6\1/2\ months to reunite the last child separated from her family. The impact of this prolonged separation on a child, compounded by the other hardships related to dealing with a tragedy, is indeed profound. In addition, 1,100 schools were closed immediately following Hurricane Katrina. Today, more than two years later, only 45 percent of New Orleans schools have reopened. H.R. 3495 establishes the National Commission on Children and Disasters (``Commission'') to address the needs of children in disasters. The purposes of the Commission are to: (1) conduct a comprehensive study to examine and assess the needs of children as they relate to preparing for, responding to, and recovering from all hazards, including major disasters and emergencies; (2) build upon and review the recommendations of other government and nongovernmental entities that work on issues relating to the needs of children in disasters; and (3) report to the President and Congress on its specific findings, conclusions, and recommendations. The Commission will investigate special needs related to children's health, child welfare, elementary and secondary education, affordable housing, transportation, and relevant activities in emergency mitigation, preparedness, response, and recovery. The Commission is further charged with identifying, reviewing, and evaluating the lessons learned from past disasters and emergencies relative to addressing the needs of children. I commend the gentlewoman from Florida (Ms. Brown) for introducing this important bill. I also thank Mark Shriver, Vice President and Managing Director of Save the Children, and the many children's advocacy groups that strongly support this legislation and have worked with us to bring this bill to the Floor expeditiously. Children are a symbol of promise and rebirth. Protecting their safety, well-being, and health in the wake of a disaster must be a critically important priority of emergency management and preparedness. This Commission will help advance that goal. I urge my colleagues to join me in supporting H.R. 3495, as amended.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, the President's veto of the Water Resources Development Act was pointless and unnecessary. This legislation, which authorizes project authorizations, modifications, and studies for the breadth of authorities for the United States Army Corps of Engineers and for the entirety of the United States, represents a culmination of seven years of bipartisan, bicameral consensus to invest in our nation's future. The Water Resources Development Act is vital for our nation's economic growth. It is essential to maintaining the nation's competitiveness in the international marketplace. It is necessary for the lives of our families, our neighbors, and our nation through the authorization of flood control structures, and hurricane and storm damage reduction projects throughout the country-- but most notably for those living in the Gulf Coast region. It is necessary for crucial navigation projects and studies, including the modernization of a portion of the largest inland waterway system in the United States--the Upper Mississippi River and Illinois Waterway System. It is prudent for sustaining economic growth in our nation's industries--such as the revitalized iron ore and steel industries of the Great Lakes. Finally, it is critical for the long-term, environmental health of the nation's ecosystems, including fulfilling our commitment to restore the Florida Everglades. Enactment of the Water Resources Development Act is also significant because it represents the culmination of many years of debate on programmatic changes to the economic and environmental policies of the Corps of Engineers. These changes, which have colloquially been referred to as ``Corps reform'', are noteworthy because they signify what can be accomplished when industry and the environmental community sit down, talk through their concerns, and mutually agree upon a set of changes to the way the Corps of Engineers formulates and carries out projects and studies within its missions. These programmatic changes will result in better studies, better projects, and hopefully, less controversy over the final recommendations of the Chief of Engineers. Mr. Speaker, the Water Resources Development Act of 2007 was approved by both bodies of Congress--the U.S. House of Representatives and the United States Senate--with overwhelming, bipartisan consensus. How can this legislation merit a Presidential veto? For six years, this administration has done nothing to assist in the passage of a water resources bill. For six years, there have been no draft administration proposals for a water resources bill. For six years, this administration has done nothing to advance of the cause of investment in our nation's water related infrastructure--its navigation projects, its flood damage reduction projects, and its environmental restoration projects. For six years, this administration has been entirely disengaged from the water resources development process. Yet, at this late hour, and espoused to a newfound, self-ordained fiscal conservatism, the President comes to Congress to veto this legislation? This veto is an affront to the needs of the American people. During the years of consensus building in Congress, there has been no participation by this administration to craft legislation to address the water resources needs of the nation. The President says ``[This] bill lacks fiscal discipline.'' Yet, the administration will have an opportunity to influence future funding of projects and studies contained in this legislation through the annual President's budget request to Congress. The President says ``[This] bill does not set priorities.'' Yet, the conference report to accompany H.R. 1495 authorizes several, high- priority projects for investment and restoration of the nation's water resources needs. First, for farmers and other agricultural industries, internationally disadvantaged by aging and inferior locks and dams on the Upper Mississippi River and Illinois Waterway System, this legislation authorizes the construction of seven new, 1,200-foot locks and other navigational improvements that will help move grains and other agricultural commodities to market faster and at a reduced cost. For the environment, this legislation realizes the decades-long dream of restoring the Florida Everglades ecosystem by taking the first steps toward undoing the mistakes of the past and ensuring the vitality of this internationally recognized environmental treasure for generations to come. For the communities devastated by Hurricanes Katrina and Rita, this legislation is essential to fulfilling the President's commitment to rebuild the Gulf Coast communities ``even better and stronger than before the storm.'' The Water Resources Development Act of 2007 authorizes the reconstruction of the flood walls and improvements to the interior drainage of the City of New Orleans, the closure of the Mississippi River Gulf Outlet (``MRGO''), and the initial steps to restore the coastal wetlands surrounding the Gulf Coast region. For the Great Lakes region, this legislation is crucial to sustain and improve the movement of ores from the Iron Range of Minnesota through the Great Lakes to international markets. In addition, this legislation authorizes the construction of two barriers to halt the northward movement of the Asian Carp--one at the Chicago Sanitary and Ship Canal, and the other at Lock and Dam 11 on the Upper Mississippi River System. These two barriers will help control the movements of this voracious fish, and sustain the fisheries of the Great Lakes communities. This legislation also creates a rapid response authority for the Corps and other Federal agencies to control and prevent further spreading of viral hemorrhagic septicemia, or the VHS virus in the Great Lakes. VHS is an infectious viral disease of fish that has been linked to a multiplicity of fish kills. The virus has been a prolonged problem in Europe and Japan, and has now been confirmed in Lake Ontario, Lake St. Clair, Lake Erie, and the St. Lawrence River. Just this past January, it was detected in Lake Huron. With four different strains, the VHS virus spreads rapidly. However, it is unclear exactly how it spreads. We must study and attack this threat immediately, or else we face fish kills in the Great Lakes, a decline in the fishing industry, and economic repercussions. Mr. Speaker, there are many national priorities in this legislation, as well as countless priorities for our local towns, communities, and constituents. Yet, why has the President chosen to veto this bill? I can only surmise that the President has so far distanced himself from the water resources needs of this nation that he fails to recognize the importance of this legislation to the American people. I urge my colleagues to quickly vote in support of this legislation, notwithstanding the Presidential veto, so that we may fulfill the commitments that the Federal Government has made to so many, and ensure the economic, environmental, and public health of this nation.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, the gentleman from Oregon (Mr. DeFazio), Chairman of the Subcommittee on Highways and Transit, and I introduce the ``National Highway Bridge Reconstruction and Inspection Act of 2007'', which will improve the safety of Federal-aid highway bridges, strengthen bridge inspection standards and processes, and increase investment in the reconstruction of structurally deficient bridges on the National Highway System. The tragic collapse of the I-35W Bridge, which occurred in my home state of Minnesota on August 1, 2007, demonstrates the need to make a commitment to invest in the maintenance and reconstruction of our nation's infrastructure. Many facilities are being stretched to the limit of their design life and beyond. Of the 594,101 bridges in the National Bridge Inventory, 26.2 percent of America's bridges--more than one in four--are structurally deficient or functionally obsolete. There are 73,784 structurally deficient bridges and 80,317 functionally obsolete bridges. According to the U.S. Department of Transportation (DOT), more than $65 billion could be invested immediately in a cost-beneficial way to address existing bridge deficiencies. We must take action to put in place a framework to address this situation, and ensure that the safety and structural integrity of the nation's highway bridges do not continue to deteriorate. Since the collapse of the I-35W Bridge, the Committee on Transportation and Infrastructure and the Subcommittee on Highways and Transit have conducted in-depth hearings into the Highway Bridge Program and the National Bridge Inspection Program. During those hearings, we have found a number of significant problems that must be addressed to ensure the overall safety of the nation's highway bridges. The National Highway Bridge Reconstruction and Inspection Act of 2007 establishes a framework for risk-based prioritization of bridge infrastructure investments and ensures that the limited resources available today will reach those facilities most in need of repair. The National Highway Bridge Reconstruction and Inspection Act require the Federal Highway Administration (FHWA) to immediately update the National Bridge Inspection Standards to establish uniformity among States in conducting inspections and evaluations. The bill also strengthens training, certification, and qualification requirements for all highway bridge inspectors. The bill requires States to inspect structurally deficient bridges each year using the best practicable technologies and methods. All other bridges would be required to be inspected every 2 years. The legislation allows FHWA to extend the biennial inspection requirements if FHWA determines that granting the extension will increase the overall safety of the State's bridge inventory. In response to concerns raised in a U.S. Department of Transportation Inspector General report, the bill requires States to calculate the load rating for highway bridges that have a structural deficiency in a load-carrying member and ensures that the safe load-carrying capacity for such bridges is properly posted. Our legislation also requires the Department of Transportation to conduct a risk-based prioritization for the reconstruction of deficient Federal-aid highway bridges. The National Academy of Sciences would then independently review the process of prioritization to ensure that investment and resource decisions are based on need, not politics. The bill also calls on States to develop a 5-year performance plan for the inspection of highway bridges and the reconstruction of structurally deficient and functionally obsolete Federal-aid highway bridges. The performance plans will provide a roadmap for addressing bridge needs, and will ensure greater accountability. The bill authorizes an additional $2 billion for reconstruction of structurally deficient bridges on the National Highway System. These funds are in addition to funds authorized for the Highway Bridge Program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. These funds are distributed to the States by formula, and Congressional or Administration earmarks are specifically prohibited. Finally, the bill limits the transferability of Highway Bridge funds. The funds authorized by this bill are not transferable to other Federal-aid highway programs. In addition, the bill provides that a State may transfer Highway Bridge Program funds to other Federal-aid Highway programs only if the State demonstrates to the satisfaction of the Secretary that the State has no structurally deficient Federal-aid highway bridges. This ``fix-it-first'' approach will ensure that bridge program funds are utilized as intended by Congress in SAFETEA-LU--to improve the safety of highway bridges. The bridge collapse of August 1, 2007, has served as a wake-up call for many policymakers and leaders around the country. We must take the lessons of the I-35W Bridge, and use them to create an accountable and reliable bridge program that guards the safety of all users. The National Highway Bridge Reconstruction and Inspection Act of 2007, which Mr. DeFazio and I introduce today, begins the process of ensuring that such a tragedy will not happen again.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 3985 the ``Over-the-Road Bus Transportation Accessibility Act of 2007'', introduced today by the gentleman from Oregon (Mr. DeFazio). I am proud to cosponsor this important legislation, which will ensure that motorcoach accessibility regulations promulgated by the Department of Transportation, DOT, pursuant to the Americans with Disabilities Act, ADA, are fully implemented, vigorously monitored, and actively enforced. In 1990, upon signing the landmark ADA into law, President George H. W. Bush stated that the ADA ``promises to open up all aspects of American life to individuals with disabilities--employment opportunities, government services, public accommodations, transportation, and telecommunications.'' In many respects, the Act has been implemented to result in expanded and enhanced transportation opportunities for individuals with disabilities. However, as a recent U.S. Court of Appeals case revealed, a troubling void in DOT's oversight of the over-the-road bus accessibility regulations has unnecessarily reduced the protection Congress intended to afford under the ADA. In 1998, DOT adopted a final rule requiring vehicle modifications to intercity, charter, and tour buses to accommodate individuals with disabilities. These regulations set forth requirements for these transportation providers, referred to as over-the-road bus operators, to acquire or lease accessible vehicles or provide accessible service to passengers with disabilities on a 48-hour advanced notice basis. The requirements are phased in over time, and vary by type of service provided by a company, either fixed route or ``demand responsive'', such as charter and tour service. Alternative compliance requirements were established for small businesses. The Federal Motor Carrier Safety Administration (``FMCSA'') is the modal agency responsible for ensuring that over-the-road bus transportation providers comply with DOT regulations, including safety rules. However, according to FMCSA's interpretation, the existing motor carrier statute limits the agency's ability to enforce the over-the- road bus accessibility regulations promulgated by DOT. On December 19, 2006, the United States Court of Appeals for the D.C. Circuit, in Peter Pan Bus Lines, Inc. and Bonanza Acquisition, LLC V. Federal Motor Carrier Safety Administration, rejected FMCSA's assertion that the agency does not have discretion to interpret the law to allow FMCSA to consider compliance with ADA regulations in determining whether a bus company is fit to operate in interstate commerce. The case was remanded to FMCSA in February 2007, and the Court directed the agency to reexamine the statute. FMCSA did not respond to the Court for more than 8 months, and I have no doubt the pattern of inaction would have continued without pressure from Congress. Earlier this month, Highways and Transit Subcommittee Chairman DeFazio and I sent a letter to Federal Motor Carrier Safety Administrator John Hill, expressing our intent to legislate a solution to this problem if the agency did not respond with its plans to make changes administratively to ensure that ADA requirements were being met by the over-the-road bus operators that FMCSA registers. Last week, FMCSA issued a decision in response to the Court order. In the decision on remand, the agency defends its original position that the underlying statute does not provide the authority for FMCSA to consider compliance with ADA. The agency further argues that the Department of justice (``DOJ'') has enforcement authority under the ADA to investigate all alleged violations and commence a civil action in court, pursuant to part 36 of title 28, Code of Federal Regulations. This includes authority over transportation providers. Therefore, FMCSA concludes the agency has no role in taking action with respect to ADA violations by over-the-road bus companies. In fact, in the October 26, 2007 decision FMCSA states: ``If Congress intended to expand the fitness criteria to include compliance with additional DOT regulations, such as 49 CFR part 37, it presumably would have said so.'' Let there be no doubt--Congress will be saying so with this legislation. This bill removes any statutory ambiguity and gives FMCSA the authority to take action against violators of the ADA. H.R. 3985 strengthens FMCSA's ability to monitor and enforce compliance with the Department of Transportation's regulations governing the accessibility of over-the-road bus transportation. The bill amends Section 13902(a)(1) of title 49, United States Code, to prohibit the agency from granting registration authority to a motor carrier providing over-the-road bus transportation who is not willing and able to comply with the accessibility regulations under subpart H of part 37, title 49, Code of Federal Regulations. The bill also clarifies that the Secretary may suspend, amend, or revoke a motor carrier's registration in the event of a willful failure to comply with regulations pursuant to the ADA. H.R. 3985 further requires the Department of Transportation and the Department of Justice to enter into a memorandum of understanding to ensure coordination between the two Departments, to clearly define each Department's roles and responsibilities in enforcing the provisions of the ADA, and to avoid duplication of effort. Violations of ADA regulations are not a theoretical problem. Several newspaper articles have highlighted problems that individuals with disabilities have encountered in trying to ride curbside buses. Curbside bus companies operate fixed-route, intercity bus service, mainly between cities along the Northeast Corridor, picking up and dropping off passengers on the street rather than in bus terminals. A March 2, 2006 Washington Post investigation revealed that 11 companies that operate in the Northeast Corridor had violated ADA regulations. (See ``Bus Lines Cited in Federal Probe; 11 Firms Accused of Violating ADA''; Washington Post, March 2, 2006; Financial; page D1). Madam Speaker, the Americans with Disabilities Act was enacted 17 years ago, and nearly a decade has passed since the Department of Transportation issued implementing regulations. This legislation, to ensure that the accessibility regulations promulgated by DOT are adhered to by all over-the-road bus operators, is both necessary and overdue.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 3224, as amended, a bill to further enhance the safety of and bring to a state of good repair our Nation's aging dam infrastructure. This important bill has broad bipartisan support. I commend the gentleman from Colorado (Mr. Salazar) and the gentleman from New York (Mr. Kuhl) for introducing this legislation and for their strong support. I would also like to thank Subcommittee Chairwoman Norton for her leadership and for diligently guiding the work of the Subcommittee on the issue of dam safety and rehabilitation. During a May 8, 2007 hearing, the Subcommittee on Economic Development, Public Buildings, and Emergency Management received compelling testimony about the need to rehabilitate our Nation's dams. The statements of witnesses reinforced some troubling statistics. There are approximately 80,000 dams in the United States; of these, approximately 10,000 dams are considered to have high-hazard potential, meaning their failure could result in loss of life or severe property damage. From 2000 to 2006, the number of high-hazard dams increased by almost 20 percent. Further, States have identified approximately 3,400 dams as currently deficient or unsafe. These dams have been identified as having hydrologic or structural deficiencies that make them susceptible to failure triggered by a storm, an earthquake, progressive deterioration, or inadequate maintenance. Since 1972, Congress has helped to mitigate the risk of dam failure by establishing a program to provide technical and financial assistance to States for dam safety. Through the National Dam Safety Program, the Federal government has helped to increase the level of knowledge and preparedness to prevent and mitigate the effects of dam failures across the country. Dam safety inspections have increased significantly and greater direct assistance has been provided for training State officials and providing technical seminars and workshops. H.R. 3224 builds on this successful program and authorizes the Administrator of the Federal Emergency Management Agency (``FEMA'') to provide grants for the rehabilitation and repair of publicly-owned dams. States must provide at least 35 percent of the funds necessary to rehabilitate a dam. While all States are eligible to apply, grants will be distributed after prioritization by the Administrator, along with the National Dam Safety Review Board, of all applications, based on degree of deficiency. The bill is a necessary step in the right direction to upgrade our Nation's aging dam infrastructure. I urge my colleagues to join me in supporting H.R. 3224.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 3247, the ``Katrina and Rita Recovery Facilitation Act of 2007'', as amended. This bipartisan bill addresses lingering issues that continue to hinder the recovery from Hurricanes Katrina and Rita. The changes in this bill are both necessary and long overdue. Hurricane Katrina made landfall on August 29, 2005, and proved to be the costliest natural disaster in American history. The storm had a massive physical impact on the land, affecting 90,000 square miles, which is an area the size of Great Britain. More than 80 percent of the City of New Orleans flooded, an area comparable to seven times the size of Manhattan. Although more than two years have elapsed since Katrina and Rita, significant problems still exist in the recovery effort. This disaster and its aftermath have revealed that the Federal Emergency Management Agency (``FEMA'') may need additional authorities to deal effectively with catastrophes of such magnitude. H.R. 3247 provides additional relief for problems associated with recovery efforts from Hurricanes Katrina and Rita, by authorizing retroactive changes to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (``Stafford Act'') programs. The Stafford Act authorizes disaster assistance that FEMA provides after a major disaster. While the authority of the Stafford Act is very broad and flexible, it does not anticipate every circumstance that can arise in disasters, especially catastrophic disasters such as Hurricanes Katrina and Rita. Historically, when catastrophic or unusual disasters struck, Congress would work cooperatively with FEMA to identify areas where FEMA required additional specific authority. When Hurricane Katrina struck, FEMA was not a flexible or independent government agency. Rather, FEMA was an organization within the Department of Homeland Security, a larger bureaucracy, and without direct access to the President and Congress. I believe that this structure prevented FEMA from engaging with Congress as they have in the past. This problem was further magnified by the unprecedented scope and magnitude of the disaster. As a result, Congress was forced to act in a unilateral manner. H.R. 3247 was developed in a bipartisan fashion, and draws on the recommendations of Members representing the Gulf Coast region from both sides of the aisle. The provisions in this bill were developed following a hearing held by the Subcommittee on Economic Development, Public Buildings, and Emergency Management on May 10, 2007, entitled ``Legislative Fixes for Lingering Problems that Hinder Katrina Recovery''. At that hearing, Members from Louisiana and Mississippi testified on specific issues that are still hampering the recovery from these devastating catastrophes and proposed solutions. The provisions of this bill reflect the findings and recommendations that were presented at this hearing. Specifically, H.R. 3247, the ``Hurricanes Katrina and Rita Recovery Facilitation Act of 2007'', increases the Federal share from 75 percent to 90 percent for ``alternate projects'' for Hurricanes Katrina and Rita, to allow money designated for a specific facility to be used toward another facility for the same purposes. This provision will help communities, which have had multiple facilities destroyed by these hurricanes, rebuild facilities and reestablish services in a manner that will best suit their needs. The bill also permits the Administrator of FEMA to make public assistance programs under Hurricanes Katrina and Rita eligible under a public assistance pilot program authorized in section 689j of the Post- Katrina Emergency Management Reform Act (P.L. 109-295), which will expedite the provision of assistance to States. This legislation further encourages alternative dispute resolution procedures for appeals of public assistance decisions by FEMA for Hurricanes Katrina and Rita, to address concerns over the speed of implementation of the public assistance program in the Gulf Coast. The bill allows the use of temporary housing units for volunteers, authorizes reimbursement of expenses incurred for the re-interment of human remains at privately-owned or private non-profit cemeteries, and authorizes the reimbursement of certain facilities that housed evacuees after Hurricanes Katrina and Rita. The bill also allows in-kind projects initiated in the recovery efforts after Hurricanes Katrina and Rita to contribute the non-Federal share in a Hazard Mitigation Grant Program (``HMGP'') application, if FEMA can determine that the project meets all eligibility and compliance requirements that apply to HMGP projects. This provision simply waives the requirement for pre-approval of a project. Madam Speaker, each of the provisions in H.R. 3247 is specifically tailored to solve an existing problem in the Gulf Coast, and will help provide immediate relief to those still suffering in the wake of these disasters. I urge my colleagues to join me in supporting H.R. 3247. MS. NORTON. Madam Speaker, I yield back the balance of my time.