James Oberstar

Mr. OBERSTAR

Mr. OBERSTAR. I would like to make the observation, Madam Speaker, that the gentleman took the lead in our Public Buildings Subcommittee many years ago, during his first term in Congress, on courthouses. The gentleman has saved the taxpayers of this country tens of millions of dollars, perhaps now in the hundreds of millions, by requiring, through his persistent campaign, courtroom sharing. Madam Speaker, I'll say to the gentleman from Tennessee that I don't know how CBO scores that, but I know that, in our committee, I score it as a net savings to the public. We have built better courthouses, more courthouses and more efficient service to the public in requiring this very simple step of sharing courtrooms. To his great credit, the gentleman from Tennessee led the effort on it; and it has resulted in real savings, just as this legislation is resulting in real savings. I tip my hat to the gentleman from Tennessee for his persistence in looking at those very specific ways in which we can achieve our goals.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, Patriot. Jurist. Egalitarian. Self- effacing Humanitarian. Each of us has a distinct, indelible memory of where and how we met Gerry Heaney. Mine starts in the Hotel Duluth in 1964--summoned to a meeting of attorney Gerry Heaney and Duluth labor leaders to be told that my boss, John Blatnik, must support the DFL-endorsed candidate for state Senate, Willard Munger, warning that if Frenchy La Brosse won, the DFL would be plunged into a divisive, fractious future. ``We'll keep his feet to the fire,'' said Gerry. My last memory was a phone call two days before he succumbed to tell him of our committee works on the Oil Spill Accountability Act. His message--unchanged--``keep their feet to the fire. Make them pay every penny.'' A towering figure of the law, Judge Heaney wrote the St. Louis, Missouri, school desegregation decision, and then--for 20 years--held the school system's collective feet ``to the fire'' to assure compliance. The longest and most successful school desegregation case in our jurisprudence. It was my privilege to video tape interview the judge for the Library of Congress project on WWII veterans. He recounted the 6:30 a.m. landing at Omaha Beach. Their landing craft stopped short of the beach, because ships were blowing up right and left. The gate dropped in deep water. The captain shouted ``All ashore'' and was cut down by gunfire. The First Lt. stepped up and ordered ``All ashore.'' He was cut down. That left me, 2nd Lt. Heaney, in charge. I said, ``We're not going through that door, everyone over the side.'' And he saved countless lives. ``It took nine hours to climb 160 feet in three tenths of a mile and take out Nazi machine-gun nests. Then we turned back to the beach for supplies, and that's when we saw the carnage.'' He stopped, chocked, and cried. The Army doesn't give away the Silver Star. It's awarded for extraordinary heroism in combat against an enemy of the United States. Gerry Heaney earned it. From Normandy across Europe to the Czech border, and his remarkable American flag, Gerry Heaney personified exemplary courage under fire. While still a sitting judge of the 8th Circuit, Gerry planned to participate in the 50th anniversary of D-Day. Without his knowledge, I called the top command of the Pentagon and White House liaison to have him seated on the dais, with presidents, prime ministers, and generals. When I proudly called with the approvals, he said, ``That's very nice, thank you. But I'd rather sit with my buddies. We fought shoulder-to-shoulder across Europe.'' Grace and humanity, wrapped in self-effacing, unpretentious humility--caring about others more than himself. In that same egalitarian spirit, the Judge never missed a Duluth Labor Day picnic since 1948. This year, we'll save a chair for him, observe a moment of silence, and hold him excused. Master strategist, with a rare gift for no-nonsense analysis, his razor-sharp mind guided Duluth and the Northland through successive economic shocks with clarity of vision for pragmatic investment strategies to fashion a better life for others through education, economic opportunity, and equal justice under law. Greatness is memorably expressed in modest gestures. Gerry retired from Senior Judge status so that he would be free to participate in the Obama presidential campaign--pounding lawn signs, setting an example for the newcomers every day at the combined campaign H.Q. In his zest for intellectual challenge and for integrity in public service, he made us confront our frailties and failings; he rallied us to rise above ourselves for the greater good of all. His own words say it best: ``Excellent public schools are essential in a democracy. Public schools have an obligation to educate all children--rich and poor, black, brown and white, gifted or special. Segregated housing, a long history of discrimination in education and employment, and the historic lack of opportunity for African-Americans to participate fully and equally in all aspects of life make the task ahead a challenging one (for St. Louis). We can fulfill our obligation to provide all children with the quality, free public education they need and deserve.'' He elevated us in life; we are diminished in his death; but we are challenged to honor his life-affirming legacy. From Tom Radaich: Today, we are gathered to do what people of faith do when someone whom they love, and someone who loved them dies--we come together to remember, to pray, celebrate and to give thanks. A long life of service is ended and we come now struggling to find some appropriate, albeit inadequate way, to mark our appreciation and gratitude to God for the lavish gift given us in the judge's life. All of you in this cathedral this morning have unique memories of the man who lies in death with us here today, and many of those memories and tributes will be shared informally and formally today both here and at UMD following the funeral liturgy, as they have been shared in practically every American news media over the past week. It was my great privilege to know Judge Heaney as his pastor at St. Michael's, but only since my assignment there only five years ago. In one of my conversations with Carol last week, she said, ``Well, you know he was Irish, a Catholic, and a Democrat!'' And even from my brief association with him, I knew exactly what she meant. You see, I was reared in a small town on the Iron Range where I was raised Catholic, had an Irish pastor for most of my formative years, and took for granted that politics and the DFL were coextensive terms. And so, last night, instead of memories of the judge, I had a vision. I dreamed that as Judge Heaney entered into glory multitudes of Irish came to welcome their compatriot singing Gaelic hymns of praise, followed by throngs of Catholics singing their welcoming song, and then, the entire host of heaven shouted joyfully as one, ``Finally, another Democrat!'' With hopeful minds and hearts fixed on the joy of eternal life, we participate in this liturgy this morning. ``Liturgy'' is the ``work'' of the church. The work of the church is give praise and glory to God. Liturgy involves the whole human response to the goodness of God, and, hence involves remembering, acting and imagining. Our memories of this great man remind us that God has pitched his tent among us and the word of God has not only been recorded on tablets, scrolls, parchments and paper, but has become flesh. Our God chooses to be revealed as one for whom justice and righteousness are synonymous and the Psalmist tells us that 'Love and truth will meet; justice and peace will kiss. This truth and this justice are embedded in those who have accepted the call to authentic leadership at the local, state, national and global level. Our gospel reading tells us that the ruling of the ultimate just judge is that when the needs of those who might have seemed most insignificant have been defended and met, only then shall we shall to be right with our God. That when we make sure that public education is available to everyone, when racial discrimination has been reversed, when women are given equal opportunities in their endeavors, when union contracts provide for funded health and welfare packages, when publicly funded institutions of higher learning are given the opportunity to serve students better each year, then, in the image of Jesus the judge and Judge Gerald Heaney, we shall know that we have come close to the kingdom of God. So the liturgy that began two thousand years ago and the liturgy that began 92 years ago continues. The ``work'' of the church continues and we come to give thanks that we have been so gifted in the life and person of Judge Gerald Heaney. May this thanksgiving liturgy truly express our gratitude to God for this wonderful life and be the stimulus for continuing in the path he taught and urged us to walk. The Prophet Isaiah says: Here is my servant whom I uphold, my chosen one with whom I am please. Upon whom I have put my spirit: he shall bring forth justice to the nations. I, the Lord, have called you for the victory of justice, I have grasped you by the hand; I formed you and set you as a covenant of the people, a light for the nations. To open the eyes of the blind, to bring our prisoners from confinement, and from the dungeon, those who live in darkness. To the life of this man we now only add, Alleluia, Thanks be to God.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Chair, I rise today in support of H.R. 5114, the Flood Insurance Reform Priorities Act of 2010. This legislation makes several significant changes to the National Flood Insurance Program (NFIP) and extends the authorization of the program through 2015. I commend the gentleman from Massachusetts (Mr. Frank), the Chairman of the Committee on Financial Services, and the gentlewoman from California (Ms. Waters ) for their efforts to advance this important legislation. I thank them for the cooperative spirit in which they have worked with the Committee on Transportation and Infrastructure on flood issues. The Committee on Transportation and Infrastructure has jurisdiction over the Federal Emergency Management Agency (FEMA) and its programs authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act). Flooding is the most common risk communities across the country face and floods are the most frequent type of disaster declared by the President. The NFIP works hand in hand with FEMA's pre- and post-disaster programs authorized by the Stafford Act. The NFIP provides assistance to communities through all the phases of emergency management: preparedness, response, recovery, and mitigation. Initially, the program helps communities prepare by providing incentives to participate in the program; in return for improved zoning and other ordinances, communities received subsidized flood insurance. Further, flood maps under the NFIP help communities prepare for floods by helping to predict where flooding will occur and the likely severity. This in turn helps first responders know which communities need to be evacuated, or where people may need to be rescued, and where flood fighting efforts need to take place. The NFIP helps in recovery by providing payments to policy holders above and beyond what disaster assistance under the Stafford Act will cover and by transferring these costs from the Federal taxpayers to insurance rate payers. The NFIP pays numerous claims each year for events that do not warrant Federal disasters assistance under the Stafford Act. The NFIP and flood mapping also helps mitigate damage to property and risks to lives by identifying and mandating steps communities can take to rebuild safer and smarter after a flood, or, proactively, before a flood strikes a community. This assistance works in conjunction with the Hazard Mitigation Grant Program and the Pre- Disaster Mitigation Grant Program authorized by the Stafford Act. The amendments to the NFIP made by H.R. 5114 will provide for both a strong insurance program and strengthen the NFIP's risk communication and mitigation functions. The bill provides for outreach to communities and residents to ensure that they are aware of the risks they face and the insurance available to them. Even where this bill provides temporary relief from insurance purchase requirements, it requires communities to have the appropriate notice, risk communication, and emergency management plans in place to protect their citizens from the risks posed by floods. Mr. Chair, I also wish to note several additional issues related to the nation's efforts to address the risk of flooding that are not addressed in this legislation and to state the commitment of the Committee on Transportation and Infrastructure to continue to work on these issues in the hopes of bringing forward comprehensive reform of the nation's flood damage reduction efforts in the near future. The Committee on Transportation and Infrastructure has a longstanding interest in the maintenance and safety of our nation's infrastructure. Over the past few years, the importance of maintaining the safety of our nation's flood control structures, including our levee systems, has been reinforced by pictures of the catastrophic consequences of their failure. Since the events of Hurricanes Katrina and Rita, the Committee on Transportation and Infrastructure has held numerous hearings on the condition of the nation's flood damage reduction infrastructure. Most shocking was the realization that our nation had never conducted a simple inventory of all the levees in this country. We learned that Federal, State, and local agencies did not have comprehensive knowledge about where all of the levees in our Nation were located, what condition they are in, or what resources are at risk if they fail or should they be overtopped. In the 110th Congress, this body voted, by a vote of 361-54 to override a Presidential veto of the Water Resources Development Act 2007, in order to authorize critical but long overdue spending on our nation's water infrastructure. Section 9003 of WRDA 2007 created the National Committee on Levee Safety to develop plans and recommendations for a National Levee Safety Program. Earlier this Congress, the Subcommittee on Water Resources and Environment held a hearing on the draft recommendations of the National Committee and on proposals to take a more holistic view towards sustainable flood damage reduction including: improvements to the Nation's system of flood control structures; the establishment of clear, national standards for the condition of levees and for maintaining these critical structures; for communicating to the public the inherent risks associated with potential flooding events; and for encouraging the incorporation of nonstructural approaches into the overall system of flood protection. Over the past year, our Committee has reached out to numerous Federal, State, and local agencies responsible for flood protection, as well as numerous non-governmental organizations to begin the discussions on how to comprehensively reform our Nation's efforts to protect the lives and livelihoods of its citizenry. I want to thank the Chairman of the Committee on Financial Services (Mr. Frank) for his participation in these discussions and for his willingness to find longterm, comprehensive solutions to the flooding issues facing this Nation. The answers to these questions are likely to be lengthy and expensive, but investing in our levee systems now will save billions of dollars and many lives later. The National Oceanic and Atmospheric Administration (NOAA) estimates that hurricanes and floods cost the country over $10 billion in damages in an average year. However, extreme events in the past several decades push this number up. For example, Hurricane Katrina, the costliest and most deadly hurricane we have seen this century, caused an estimated $100 billion in damages and the loss of hundreds of lives. Additionally, the Midwest has seen two 500-year floods in the past 15 years. Flooding in 2008 alone resulted in upwards of $15 billion in damages and the loss of two dozen lives. Our goal is to prevent such massive losses in the future by creating an effective national flood damage reduction and levee safety program. We must be clear that no program can effectively eliminate all risk of flooding. However, implementing certain policies will lower this risk. We must have an accurate assessment of the condition of our current levee system and based on that assessment, create national standards that will apply to all levee systems. Taking into consideration new risk factors, such as changing hydrological conditions, increased development within floodplains, and the effects of global climate change, will be essential in this process. In light of these factors, the current 100-year flood model may no longer be sufficient as a minimum standard for some levees. Some would have liked the legislation before the House today to address both reforms to the NFIP and to the Nation's overall flood damage reduction efforts. Such broad reform to our system of flood control requires careful consideration and additional work, which the Committee on Transportation and Infrastructure stands ready to do. I look forward to continuing to work with Chairman Frank and other Members to address this important issue in the near future. I urge my colleagues to support H.R. 5114.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I missed two votes last week in order to attend an important community celebration in International Falls and to see the devastating impact of a tornado that struck Wadena. As a result, I was unable to record my vote on important legislation to ensure continued Medicare reimbursement for physicians and on comprehensive sanctions against Iran. Had I present, I would voted ``aye'' on both measures (rollcall votes 393 and 394). I also missed seven votes on Tuesday in order to attend the funeral of Judge Gerald Heaney of Duluth. Had I been present, I would have voted ``aye'' on Rollcall votes 395, 398, 399, 400 and 401; I would have voted ``nay'' on Rollcall vote 397, and I would have voted ``present'' on Rollcall vote 396.

Mr. OBERSTAR

Mr. OBERSTAR. I thank the gentlewoman for her courageous lead on this issue. This $35 billion for Afghanistan is roughly equivalent to the amount in the Recovery Act for highways and transit. If instead of Afghanistan these funds were invested at home, we could do the equivalent of what we did in the Recovery Act, 35,000 lane-miles of highway improved; 1,262 bridges; 12,000 transit buses and rail passenger cars; 5,000 transit stations improved; and 1.3 million jobs that we've documented on our portion of the Recovery Act. But this is a conflict with no exit, no end, no offset; and we should not provide more money for it.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise today to introduce H.R. 5629, the ``Oil Spill Accountability and Environmental Protection Act of 2010'', legislation to respond to the ongoing Deepwater Horizon oil spill disaster and to address several shortcomings in the law to ensure that a similar tragedy cannot happen again. To understand the intent of this legislation, it is important to understand the historical context in which H.R. 5627, the ``Oil Spill Accountability and Environmental Protection Act'', is being introduced. On April 20, 2010, a blowout from the mobile offshore drilling unit (MODU), the Deepwater Horizon, led to an explosion in the Gulf of Mexico that left 11 crew members missing and presumed dead. The Deepwater Horizon was owned by Transocean Ltd., and leased, at the time of the explosion, to BP p.l.c. (BP), which owns a majority stake in the Mississippi Canyon Block 252 (MC 252) site and had contracted the rig to drill a prospect well. Following the explosion, the Deepwater Horizon sank on April 22. Since the explosion, oil has been spilling from the well into the Gulf of Mexico. In response to the Deepwater Horizon disaster, BP has made numerous attempts to stop or contain the flow of oil into the Gulf. U.S. Government and independent scientists estimate that the most likely flow rate of oil today is between 35,000 and 60,000 barrels per day. In light of the April 20 explosion and the ongoing release of oil into the Gulf of Mexico, the Committee on Transportation and Infrastructure has held three hearings investigating the potential causes of this disaster, and exploring potential changes to the laws and agencies under the Committee's jurisdiction to ensure that a similar event cannot happen in the future. While the causes of the explosion aboard the Deepwater Horizon, and its eventual sinking, remain under investigation, the hearings before the Committee on Transportation and Infrastructure have uncovered several shortcomings in current law that may have allowed the causes of this disaster to be set in motion. For example, through the Committee hearings, our Members received testimony on how the MODU, Deepwater Horizon, was registered in the Marshall Islands and, therefore, was not subjected to as rigorous of a vessel safety inspection by the Coast Guard as a similar U.S.-flag vessel. The Committee also learned that, because of the unique nature of offshore drilling, Federal oversight of the Deepwater Horizon drilling operation was divided between the Department of the Interior's Minerals Management Service and the Coast Guard, with no clear final say of Federal authority over the operations onboard the drilling rig. The Committee also learned that apparent shortcuts were taken in the development, approval, and implementation of oil spill response plans for the Deepwater Horizon drilling operation, and, in hindsight, these response plans were wholly inadequate to address a worst-case scenario involving a blowout from the well head. The Deepwater Horizon disaster has also demonstrated that the current limits of liability, including the levels of financial responsibility for responsible parties, are insufficient to address a potential worst- case scenario on the release of oil for offshore facilities, and have called into question the current limits of liability for other vessels as well. With the expected costs of the Deepwater Horizon disaster expected to be in the tens of billions, and the agreement by BP to set aside $20 billion in escrow to cover potential costs related to the spill, it is clear that the $75 million liability cap for offshore facilities needs to be significantly increased or removed. As noted in testimony before the Committee on Transportation and Infrastructure, it is plausible that any limitation on liability, no matter how large, actually encourages risky behavior by externalizing the true cost of an oil spill response or damages over and above the cap. In addition, the Committee received testimony from the U.S. Coast Guard that suggests that the current limits of liability for certain classes of vessels do not adequately reflect the potential risks or impacts of a release of oil. Finally, the Committee investigated the unprecedented use of more than 1.5 million gallons of chemical dispersants in relation to the Deepwater Horizon disaster, and has called into question the potential short- and long-term impacts that increased use of these dispersants may have on the Gulf of Mexico and the natural resources that utilize this area. Today, my Committee colleagues and I introduce H.R. 5629, the ``Oil Spill Accountability and Environmental Protection Act of 2010'', to address these and other shortcomings that may have allowed the Deepwater Horizon disaster to occur, and to help, ensure that similar events cannot happen in the future. In many ways, the events leading up to the introduction of this legislation are similar to those that compelled Congress to enact the original Oil Pollution Act of 1990. Up until this year, the events surrounding the release of approximately 750,000 barrels of oil from the Exxon Valdez in the Prince William Sound, Alaska, defined our understanding of the likely impacts from a domestic oil spill. Yet, the events of the past three months have forced us to realize that the protections included in the original Oil Pollution Act of 1990 are inadequate to address the current state of oil development technologies. What has become evident is the potential adverse impacts of a ``worst-case scenario'' from modern exploration sites, such as that being explored by the Deepwater Horizon, are very different from those created by the release of oil from a tanker. This disaster has compelled us to reexamine the framework for Federal oversight and regulation of potentially-limitless sources of oil, deep beneath the surface of the ocean, and the difficulty in controlling and remediating potentially massive releases of oil beyond the reach of direct human control. This disaster also requires that we reassess the potential scope of impacted lives and livelihoods and the natural resources related to a massive oil release, and the capability of Federal, state, local, and private resources to prevent or address such a release. In addition, this disaster requires that we reexamine the wisdom of oil exploration policies that push the envelope on drilling technologies without any assurance that these underwater resources can be shut down or adequately controlled and cleaned up if something goes wrong. Finally, this disaster has forced us to reexamine the safety standards for offshore oil exploration and production activities to minimize the potential for future losses of life. In short, this legislation amends or repeals several laws within the jurisdiction of the Committee on Transportation and Infrastructure to address the following areas: (1) Liability and Financial Responsibility; (2) Improvements in Safety; (3) Increased Oversight of Oil Spill Responses; (4) Improvements in Environmental Protection; and (5) Funding for Agency Response Activities. A summary of the bill follows: Committee on Transportation and Infrastructure, H.R. 5629, the ``Oil Spill Accountability and Environmental Protection Act of 2010,'' June 29, 2010

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I rise today in strong support of the Senate amendment to H.R. 3360, the ``Cruise Vessel Security and Safety Act of 2010.'' Serious crimes are committed at sea aboard cruise vessels just as they are committed on land. Over the last five years, sexual and physical assaults were the leading crimes committed aboard cruise vessels and investigated by the Federal Bureau of Investigation. Alarmingly, it is not known precisely how often crimes are committed on cruise vessels or how many people have disappeared during ocean voyages because cruise lines that are registered in countries other than the United States are not required to make crime-related data available. In fact, only one of the nearly 200 cruise vessels that serve the North American market is registered in the United States. This means that only one cruise vessel serving the North American market is, at all times, subject to the laws of the United States and required to report incidents of alleged crimes to United States law enforcement agencies. While there are limited circumstances in which the U.S. can assert jurisdiction over some crimes occurring on cruise ships, cruise vessels registered in foreign countries directly fall under the jurisdiction of the United States only when they are operating in U.S. waters--in U.S. ports or sailing within 12 miles of the U.S. coast. At all other times, foreign-registered vessels operate subject to the laws of the country in which the vessel is registered or in whose waters they are travelling. The laws in these countries may not--and often do not--provide the same rights and protections to crime victims that would be provided under U.S. law. However, foreign-registered cruise vessels can be subject to some U.S. laws as a condition of entry into U.S. ports. By applying conditions upon U.S. port entry, H.R. 3360 seeks to bridge some of the potential gaps between the rights, protections, and access to assistance that are available to victims of crime under U.S. law and the laws of other countries. H.R. 3360 establishes stringent new standards including training for ships' personnel to preserve evidence of crimes and provide appropriate medical treatment. Specifically, H.R. 3360 requires cruise lines to aid U.S. investigators by training crewmembers in crime scene preservation, by mandating log book entries detailing complaints of crimes, and by making available video tapes and other forms of evidence. The legislation also provides much-needed support for the victims of crime by requiring cruise lines to provide on board medical professionals who are trained to treat victims of sexual assaults, medications, and access to victims' support services. In addition, H.R. 3360 ensures that the public can make informed choices before booking a cruise. The bill requires the Secretary of Homeland Security to compile and maintain statistical data of certain incidents on an internet website. The data would identify each cruise line and each cruise line would be required to provide a link on its internet site to the website maintained by the Secretary. Finally, H.R. 3360 enhances the safety and security of cruise passengers by requiring cruise lines to upgrade, modernize, and retrofit the safety and security infrastructure on their vessels by installing peep holes in passenger doors, video surveillance cameras, time-sensitive electronic key technology, higher railings, and acoustic hailing devices. It is estimated that 10.6 million Americans enjoyed a cruise vacation in 2007. Millions more have cruised since and millions more will cruise in the future. We need to ensure the security and safety of passengers and crews on cruise vessels and to provide support for the victims of crime at sea. With passage of this legislation today, the bill will be cleared for the President's consideration. Before closing, I want to acknowledge the extraordinary work of the gentlewoman from California (Ms. Matsui) for bringing us to this point. In 2006, Ms. Matsui's constituent, Laurie Dishman, who was the victim of a crime aboard a cruise ship, reached out to Ms. Matsui and Congress for help in addressing the significant shortcomings of cruise vessel safety and security. Ms. Dishman had the courage and fortitude to tell her heart-wrenching story to our Committee in a hearing on these issues. Knowing Ms. Dishman's story, Ms. Matsui drafted this bill and has worked for more than three years to get Congress to this point. I also thank the gentlemen from Arizona (Mr. Shadegg and Mr. Mitchell), who have strongly supported this bill on behalf of the daughter of an Arizona constituent. Merrian Carver disappeared from a cruise ship in August 2004, and was never found. What makes Ms. Carver's case even more shocking is not just that a vibrant, young woman was lost, but that her disappearance was not reported by the cruise line to the U.S. Coast Guard or the FBI until well after the voyage ended. Finally, I thank Chairman Jay Rockefeller, Chairman of the Senate Committee on Commerce, Science, and Transportation, for working to overcome Republican objections to the bill, enabling Senate passage of the legislation. With enactment of this legislation, I am hopeful that the stories of Laurie Dishman and Merrian Carver will become a thing of the past. Although we cannot stop all crimes aboard cruise ships (or anywhere else), we can ensure that Americans will be protected by our system of justice. I urge my colleagues to join me in supporting the Senate amendment to H.R. 3360, the ``Cruise Vessel Security and Safety Act of 2010.''

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 5611, the ``Airport and Airway Extension Act of 2010, Part II''. This bill ensures that aviation programs, taxes, and Trust Fund expenditure authority will continue without interruption pending completion of a long-term Federal Aviation Administration (FAA) reauthorization act. We are very close to resolving all differences with the Senate on the long-term FAA bill. However, because the long- term bill will not be completed before the current authority for aviation programs expires at the end of this week, H.R. 5611 is needed to extend aviation programs, taxes, and expenditure authority for an additional month. The most recent long-term FAA reauthorization act, the Vision 100-- Century of Aviation Reauthorization Act (P.L. 108-176) expired on September 30, 2007. Although the House passed an FAA reauthorization bill during the 110th Congress, and again last year, the Senate failed to act until March of this year. The FAA has, therefore, been operating under a series of short-term extension acts, the most recent of which expires on July 3, 2010. Since passage of the Senate bill in March, we have been working diligently to resolve the differences between the House and Senate bills. We have made extremely good progress and are near completion of a final bill. However, given that the current authority for aviation programs expires at the end of this week, a further extension of current law is necessary to continue the financing of aviation programs through August 1, 2010. Based on the hard work that has occurred to date, I am extremely hopeful that Congress will complete action on the long-term FAA reauthorization act in July. I thank Chairman Levin of the Committee on Ways and Means for his assistance in ensuring the continued operation of aviation and highway programs. I also thank Ways and Means Committee Ranking Member Camp and my Committee colleagues: Ranking Member Mica, Aviation Subcommittee Chairman Costello, and Ranking Member Petri, for working with me on this critical legislation. I strongly urge my colleagues to join me in supporting H.R. 5611.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise today in strong support of H.R. 5481, as amended, to give subpoena power to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. On April 20, 2010, the Deepwater Horizon, a mobile offshore drilling unit (MODU) operating in the Gulf of Mexico off Louisiana, suffered a blowout and an uncontrollable release of gas and oil. This touched off an explosion and fire that claimed the lives of 11 men, injured many others, and resulted in the loss of the rig. This casualty has also resulted in the release of millions of gallons of gas and oil into the Gulf of Mexico, the destruction of critical shoreline and ocean habitats, impacts to the health of potentially hundreds of workers engaged in the clean up, and catastrophic economic losses that will not be known for some time for the people of the Gulf Coast region. Gas and oil continue to gush out of control from the well nearly 65 days since the explosion. On May 22, President Obama issued Executive Order 13543 to establish the BP Deepwater Horizon Oil Spill and Offshore Drilling Commission. The Commission's mission is to: 1. examine the facts and circumstances concerning the Deepwater Horizon oil spill disaster; 2. develop options for preventing and mitigating the impact of oil spills associated with offshore drilling including: improvements to Federal laws, regulations, and industry practices and reforms to federal agencies; and 3. submit a public report to the President with findings and options for consideration within six months of the Commission's first meeting. There are many serious questions that need to be answered surrounding this catastrophe. The President's Executive Order establishes a framework for pursuing these questions and providing needed policy improvements regarding offshore oil drilling. However, the Commission lacks a critical tool: subpoena power. Unfortunately, it is in the interests of certain parties to withhold important information, rather than to provide it voluntarily. I know from our own oversight work on the Committee that subpoena power is absolutely necessary to identify and to get the information required to make better policies and to protect public health, the environment, and to prevent the mistakes of the past. For the Commission to fulfill its critical mission, it must have the power to compel parties to provide it with information. Congress has provided similar powers to prior commissions and provided this same investigatory power to the Offices of Inspector General pursuant to the Inspector General Act of 1978. The gentlewoman from California (Mrs. Capps) has introduced legislation (H.R. 5481) to ensure that the BP Deepwater Horizon Commission has the ability to pursue critical questions and lines of inquiry wherever they may lead. The bill allows the Commission to issue subpoenas to compel the attendance and testimony of witnesses, and produce records and correspondence, among other items. Passage of this legislation will give the BP Deep Horizon Oil Spill and Offshore Drilling Commission a central tool that it needs to get to the truth. I thank the gentlewoman from California (Mrs. Capps) for introducing this important bill and for her unwavering commitment to this issue. I urge my colleagues to join me in supporting H.R. 5481.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I rise today to offer my sincere appreciation of the enormous contributions that Ron Gettelfinger has made to our nation and to the labor movement as President of the United Auto Workers (UAW). Thank you, Ron, for your unmatched record, and your superb service as an effective labor leader. As a result of your tireless and dedicated leadership, you succeeded in making our vital domestic auto industry able to compete in the global auto marketplace. Your vision to secure a sound future for the auto industry was not limited to just your membership; your skilled efforts also benefitted our steelworkers on the Iron Range in Minnesota who work in the taconite mines to produce the ore for our domestic steel industry. I am profoundly grateful for your contributions that will never be forgotten, and your quote ``We did what we had to do to get to tomorrow'' is a testament to your lasting legacy of leadership. I hope your retirement is filled with many years of continued growth and good health, and that you never cease to share your ability to lead and inspire. I know that you will continue to apply your trademark dedication and energy to all your endeavors in the future. It is indeed a pleasure to send my very best wishes to a man who has touched the lives of so many people in as many ways as you have. Congratulations, Ron, on your retirement and your extraordinary work for working men and women.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I rise to honor the long and dedicated service of the United States Air Force Thunderbirds Aerial Demonstration Team and to commend its latest of many visits to Duluth, Minnesota, in my Congressional District. The theme for the 2010 Duluth Air Show is ``Generations''--the generations of aircraft and American men and women who have flown them for more than a century. No other unit reflects this theme more than the Thunderbirds, who have captivating audiences with their precise, intricate aerial performances for half of a century. The Air Force Thunderbirds truly span generations, with thousands of pilots and many different aircraft, from the F-84 Thunderstreak to the current F-16 Fighting Falcon. Since 1953, the pilots and support crew of the Thunderbirds have displayed unparalleled professionalism, dedication, patriotism and ability. Their commitment to the communities they visit is unmatched. Whether on the ground or in the air, the Thunderbirds bring great credit to themselves, the Air Force and the United States. On behalf of the millions of people who have witnessed the Thunderbirds' extraordinary flight demonstrations, I wish to offer my hearty thank you to the men and women in the unit and acknowledge their service to our great nation.

Mr. OBERSTAR

Mr. OBERSTAR. Madam Speaker, I wish to take this opportunity to congratulate the National Association of Clean Water Agencies (NACWA) on the occasion of its 40th anniversary. NACWA is a dynamic national organization involved in all facets of water quality protection. As a key stakeholder in the legislative, regulatory, and legal arenas, NACWA has built credible collaborative relationships with members of Congress, the Environmental Protection Agency, the federal courts, and other governmental entities. The emergence of NACWA as a nationally-recognized leader in environmental policy and a technical resource on water quality and ecosystem protection issues has paralleled one of the nation's most successful environmental laws--the Clean Water Act. NACWA was established in 1970 by a group of individuals representing twenty-two large municipal sewerage agencies in order to secure federal funding for municipal wastewater treatment and to serve as a forum for discussing the best methods for improving the quality of our nation's waters. Over the past forty years, NACWA has expanded its member base and issue platform. It has changed its name, replacing the word ``sewerage'' with ``clean water'' to better reflect the end-product of its members' treatment services--clean water. The organization also partners with diverse stakeholders while always advocating for sound science in advancing water quality protection. Today, as a leading clean water association, NACWA represents nearly 300 member organizations. Recent years have reflected heightened involvement for the association in a broadening array of complex 21st-century water quality issues including: green infrastructure, climate change, watershed-based approaches, and clean water funding and financing. Over the past 40 years, I have observed an organization that is successfully working towards the goals that its founders established. NACWA continues to pursue every opportunity to develop and implement sound water quality policies that advance clean water and promote a healthy environment. I extend my congratulations to NACWA on the occasion of its 40th anniversary. During this time, NACWA's strategic input has been a valuable resource to me and the Transportation and Infrastructure Committee and undoubtedly will continue to be as we shape the course of environmental protection for our nation's waters.

Mr. OBERSTAR

Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and pass the bill (S. 3473) to amend the Oil Pollution Act of 1990 to authorize advances from Oil Spill Liability Trust Fund for the Deepwater Horizon oil spill.

Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous materials on S. 3473.

Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume. First, I am grateful for the indulgence of our colleague on the committee, our ranking member and senior Republican, Mr. Mica, for responding so quickly to the action of the other body. We are unaccustomed to such prompt unanimous action in the other body, but they did pass, by unanimous consent, the bill before us now, S. 3473, in response to requests of the Department of Homeland Security, Secretary Napolitano, and Admiral Thad Allen, the National Incident Commander, following up on the May 12 request of the administration for legislative changes to, quote, ``speed assistance to people in need,'' close quote, in response to the BP-Deepwater Horizon tragedy. The request further asks the Congress to, quote, ``act immediately on return from recess,'' close quote. And that is exactly what we are doing, but preceded by a hearing the committee held yesterday on the many aspects of the Oil Spill Liability Trust Fund and payment from responsible parties and the need for future legislation. And the gentleman from Florida had several instructive and thoughtful suggestions that we in the committee will be acting upon per our previous agreement. I want to lay out the specifics. First of all, the request: Quoting again from the Homeland Security Department letter, ``Congress needs to act now to permit movement of moneys from the principal fund to the emergency fund. At the current pace of BP-Deepwater Horizon response operations, funding available in the emergency fund will be insufficient to sustain Federal response operations within 2 weeks.'' That's from June 4. ``At that point, the Federal on-scene coordinator would not be able to commit sufficient funds to the agencies involved in the Federal response, including National Guard, Department of Defense, National Oceanic and Atmospheric Administration, Environmental Protection Agency, Department of Interior, and Department of Agriculture, to continue to provide critical response services, including logistical support, such as moving boom from Alaska and California to Louisiana; scientific support, such as evaluating the environmental impact of the spill and the response; and public health support, such as ensuring seafood from the gulf region is safe and monitoring fumes that might be a public health issue. ``Additional transfers from the Oil Spill Liability Trust Fund principal fund to the emergency fund are needed to fulfill the President's order to bring all available and appropriate resources to bear in response to this disaster. Furthermore, depleting all currently available funds puts at risk the Nation's ability to address any new spills unrelated to the BP-Deepwater Horizon.'' Second, I must note and affirm, as was done in our hearing yesterday, that any moneys advanced from the trust fund will be repaid by the responsible party--in this case, BP. I was part of crafting OPA 90 and its predecessors in my previous service on the now-dissolved Merchant Marine Fisheries Committee, which jurisdiction transfers to our Committee on Transportation and Infrastructure. The whole concept of the Oil Spill Liability Trust Fund was from previous experience that there needed to be an immediate response by government agencies on scene to lay out funds, as was already spelled out in the letter from Homeland Security, without having to wait for negotiations with the responsible party. In those years, up through the 1990s, all the attention was turned to spills from tankers, oceangoing vessels, bulk carriage of crude oil, principally, but other product as well. The requirement was to get on the scene quickly, corral the oil, and contain the spill. The government needed to act quickly. The Coast Guard had the capability to do that. But we didn't want--and we had experience with Torrey Canyon and the Amoco Cadiz that there were long waits for the responsible party to make payments to government agencies responding in the case of France and the U.K. and in the case of U.S. Government agencies. So the Oil Spill Liability Trust Fund was established to have a financial resource for government agencies to respond quickly and then bill the responsible party. That has been done in the case of the Deepwater Horizon spill. At our hearing yesterday, Craig Bennett, director of the National Pollution Funds Center, said, ``All funds expended will be billed to BP and ultimately recovered. These funds are deposited into the principal fund, not the emergency fund. As of June 1, 2010, obligations against the emergency fund for Federal response efforts totaled $93 million.'' That figure has now grown to $114 million. So it's bumping up against the limit of $150 million--the $100 million, plus the baseline $50 million for emergency response. ``At the current pace of operations, funding available,'' continuing with Director Bennett, ``in the emergency fund will be insufficient to sustain Federal response operations within 2 weeks.'' And we're very close to that number now. The Coast Guard has, according to information supplied by the Coast Guard, billed BP $69 million. That billing, when responded to by BP, will be deposited in the general fund of the Oil Spill Liability Trust Fund to replenish the fund. And additional expenditures will be billed against BP for deposit in the fund. I further note that the Senate's bill amends section 6002 of the Oil Pollution Act of 1990 and provides for, quote, ``one or more advances from the fund, as needed, up to a maximum of $100 million for each advance, with the total amount of all advances not to exceed amounts available in section 9509(c)(2) of the Internal Revenue Code of 1986''--that deals with the Oil Spill Liability Trust Fund--``and within 7 days of each advance''--7 days' notice--``shall notify Congress of the amount advanced and the facts and circumstances necessitating the advance.'' Now, that language will come after the end of the period of section 6002(b) and will supplement, but not displace, the 30-day notice requirement of the basic law. Congress will be notified when the Coast Guard needs to borrow from the trust fund up to the maximum of $100 million for each advance it requests within 7 days. And we will receive all the information: the amount they're requesting, the facts, and the circumstances justifying the request for an advance. I think this language parallels language that the House has included in our supplemental appropriations bill but not yet passed. It's important to take this action now. This language clearly needs refinement, as was evident in the hearing we held yesterday, and I think the gentleman from Florida will agree. He has some very thoughtful ideas. We will merge those with other testimony submitted at yesterday's hearing and proceed with a legislative package in the coming 2 weeks. Again, I thank the gentleman from Florida for participating in yesterday's hearing and for a response today. I reserve the balance of my time.

Mr. OBERSTAR. I yield myself 1 minute. I completely agree with the gentleman. As the gentleman from Florida and I discussed in our hearing yesterday, the purpose of the trust fund is not to relieve anyone of responsibility. I was part of crafting that legislation in 1990 and its predecessors. It was clearly our intent that this should be a fund to give the government the authority to move quickly, to get on the scene, to begin cleanup before industry responds, to bill the industry in order to make them pay into the trust fund, and to keep the industry responsible. Secondly, the gentleman included orphan sites in his commentary. The legislation is not exclusively limited to orphan sites.

Mr. OBERSTAR. I yield myself an additional minute. An orphan site is one of the issues to be addressed, as we do under the Superfund Act. Yet the order of priority for response under the law, its first responsibility, is for the responsible party to act to the limit of its liability under the Oil Spill Act. We have to address that limit of liability. The hearing yesterday explored the range of dollar amounts of liability from the current $75 million to some greater number, including unlimited liability. That is something we are going to have to discuss in committee. So far, BP has, as the responsible party, spent $1 billion, and they are responding. Yesterday, when I made the announcement at our committee hearing that the Coast Guard had billed BP for $69 million, we still do not have a response on what the status is of repayment by BP into the trust fund, but we will have that information. Thirdly, I agree with the gentleman that the trust fund is not a piggy bank for BP.

Mr. OBERSTAR. I yield myself an additional minute. We are going to hold them accountable. The Coast Guard will hold them accountable. I do want to point out that the emergency fund is an account within the Oil Spill Liability Trust Fund. It is not a separate fund of its own. Further, as the gentleman was critical of the administration's budget and properly said this is bipartisan criticism, our committee budget, in response to that of the administration, rejected their proposed cuts for the Coast Guard. We understand there is no daylight between us.

Mr. OBERSTAR. I yield myself an additional 30 seconds. I would also point out that the previous administration of 2005, six, seven, and eight approved 4,120 offshore leases, including for this particular MMS lease sale--or 206--an exemption from a ``blow-out scenario requirement'' for Outer Continental Shelf actions in the gulf. BP's exploration plan for Deepwater Horizon did not therefore include an analysis or a response plan for a blow-out at the wellhead. Now I yield 3 minutes to the chair of the Coast Guard Subcommittee, the gentleman from Maryland (Mr. Cummings).

Mr. OBERSTAR. I reserve the balance of my time.

Mr. OBERSTAR. I yield myself the balance of my time. Again, I'm greatly appreciative of the partnership in our committee with the gentleman from Florida and for working so expeditiously under minimal notice that both of us had to bring this unexpected but welcome legislation from the other body so quickly to the floor. I would hope that this and other measures that we will enact will be seen as a testimonial to the victims of that explosion on the Deepwater Horizon. And as the gentleman from Florida said, I join him in commending the President for welcoming the families and consoling with them, and join in assurances to those families that Congress will continue to do everything right so that their lives will not have been lost in vain. Madam Speaker, I ask unanimous consent to extend the debate time by 5 minutes on each side.

Mr. OBERSTAR. The purpose for this request is that we may resolve a technical problem that the Senate notified us of in the drafting of the language of the bill and in the reference to the appropriate section of the Internal Revenue Code, and we need to spend just a few minutes and get the parliamentary language correct, and that will take a few more minutes to resolve. I ask the gentleman from Florida to designate his staff to participate with ours and with the Parliamentarian in assuring that we have the language properly crafted.

Mr. OBERSTAR. I yield to the gentleman from Florida.

Mr. OBERSTAR. Certainly. And I thank the gentleman. And I share that concern. In the hearing yesterday, I made it very clear that the committee would move forward with the broader changes that the gentleman just discussed, Madam Speaker, so that the Coast Guard will have authority to draw larger sums, in hundred-million-dollar increments, with proper notification to Congress, without having to come back and legislate each time. But that is beyond the scope of the pending bill. And the technical changes notified to us are of a truly technical nature. Expanding into the broader question that we are now discussing would require new legislation. And I commit to the gentleman that that will be part of our bipartisan work in committee, and we will craft the appropriate language.

Mr. OBERSTAR. I yield 2 minutes to the distinguished gentleman from Florida (Mr. Boyd).