[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3999 Engrossed in House (EH)]
110th CONGRESS
2d Session
H. R. 3999
_______________________________________________________________________
AN ACT
To amend title 23, United States Code, to improve the safety of
Federal-aid highway bridges, to strengthen bridge inspection standards
and processes, to increase investment in the reconstruction of
structurally deficient bridges on the National Highway System, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Highway Bridge
Reconstruction and Inspection Act of 2008''.
SEC. 2. HIGHWAY BRIDGE PROGRAM.
(a) Bridges on Federal-Aid Highways.--
(1) Risk-based prioritization for replacement and
rehabilitation of deficient bridges.--Section 144 of title 23,
United States Code, is amended by striking subsections (b) and
(c) and inserting the following:
``(b) Bridges on Federal-Aid Highways.--The Secretary, in
consultation with the States, shall--
``(1) inventory all bridges on Federal-aid highways that
are bridges over waterways, other topographical barriers, other
highways, and railroads;
``(2) identify each bridge inventoried under paragraph (1)
that is structurally deficient or functionally obsolete;
``(3) assign a risk-based priority for replacement or
rehabilitation of each such bridge after consideration of
safety, serviceability, and essentiality for public use and
public safety, including the potential impacts to emergency
evacuation routes and to regional and national freight and
passenger mobility if the serviceability of the bridge is
restricted or diminished; and
``(4) determine the cost of replacing each such bridge with
a comparable facility or of rehabilitating such bridge.
``(c) Bridges on Other Public Roads.--
``(1) Inventory of bridges.--The Secretary, in consultation
with the States, shall--
``(A) inventory all those highway bridges on public
roads, other than those on any Federal-aid highway,
which are bridges over waterways, other topographical
barriers, other highways, and railroads;
``(B) identify each bridge inventoried under
subparagraph (A) that is structurally deficient or
functionally obsolete;
``(C) assign a risk-based priority for replacement
or rehabilitation of each such bridge after
consideration of safety, serviceability, and
essentiality for public use and public safety,
including the potential impacts to emergency evacuation
routes and to regional and national freight and
passenger mobility if the serviceability of the bridge
is restricted or diminished; and
``(D) determine the cost of replacing each such
bridge with a comparable facility or of rehabilitating
such bridge.
``(2) Inventory of bridges for historic significance.--The
Secretary may, at the request of a State, inventory bridges, on
and off Federal-aid highways, for historic significance.
``(3) Inventory of indian reservation and park bridges.--As
part of the activities carried out under paragraph (1), the
Secretary, in consultation with the Secretary of the Interior,
shall--
``(A) inventory all those highway bridges on Indian
reservation roads and park roads which are bridges over
waterways, other topographical barriers, other
highways, and railroads;
``(B) identify each bridge inventoried under
subparagraph (A) that is structurally deficient or
functionally obsolete;
``(C) assign a risk-based priority for replacement
or rehabilitation of each such bridge after
consideration of safety, serviceability, and
essentiality for public use and public safety,
including the potential impacts to emergency evacuation
routes and to regional and national freight and
passenger mobility if the serviceability of the bridge
is restricted or diminished; and
``(D) determine the cost of replacing each such
bridge with a comparable facility or of rehabilitating
such bridge.''.
(2) Process for assigning risk-based priorities.--
(A) Deadline for establishment.--After modifying
national bridge inspection standards in accordance with
the amendments made by section 3 and not later than 18
months after the date of enactment of this Act, the
Secretary, in consultation with the States, shall
establish a process for assigning risk-based priorities
under sections 144(b)(3), 144(c)(1)(C), and
144(c)(3)(C) of title 23, United States Code, as
amended by paragraph (1) of this subsection.
(B) Report to congress.--Not later than 18 months
after the date of enactment of this Act, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report containing a description of the process for
assigning risk-based priorities established under
subparagraph (A).
(C) Independent review.--
(i) Participation of national academy of
sciences.--Not later than 18 months after the
date of enactment of this Act, the Secretary
shall enter into appropriate arrangements with
the National Academy of Sciences to permit the
Academy to conduct an independent review of the
process for assigning risk-based priorities
established under subparagraph (A).
(ii) Report to congress.--Not later than 2
years after the date of enactment of this Act,
the Academy shall submit a report on the
results of the review to the Secretary, the
Committee on Transportation and Infrastructure
of the House of Representatives, and the
Committee on Environment and Public Works of
the Senate.
(iii) Authorization of appropriations.--
There is authorized to be appropriated to carry
out this subparagraph $2,000,000 for fiscal
year 2009. Such sums shall remain available
until expended.
(b) Apportionment.--Section 144(e) of such title is amended by
adding at the end the following: ``In this subsection, the term
`deficient bridge' means a bridge that is structurally deficient or
functionally obsolete.''.
(c) Participation.--Section 144(d) of such title is amended by
adding at the end the following:
``(5) Requirements for state participation.--
``(A) In general.--As a condition for providing
assistance to a State under this section, the Secretary
shall require the State to take the following actions:
``(i) Inspections.--Not later than 24
months after the date of enactment of this
paragraph, and at least once every 24 months
thereafter (except as otherwise provided by
section 151(d)), the State shall inspect all
highway bridges described in subsections (b)
and (c) that are located in the State in
accordance with the standards established under
section 151 and provide updated information on
such bridges to the Secretary for inclusion in
the national bridge inventory.
``(ii) Calculation of load ratings.--The
State shall--
``(I) not later than 24 months
after the date of enactment of this
paragraph, calculate the load rating
for all highway bridges described in
subsections (b) and (c) that are
located in the State;
``(II) at least once every 24
months thereafter, reevaluate and, as
appropriate, recalculate the load
rating for each such bridge; and
``(III) ensure that the safe load-
carrying capacities for such bridges
are properly posted.
``(iii) Performance plan.--The State shall
develop, not later than 24 months after the
date of enactment of this paragraph, update
annually, and implement a 5-year performance
plan for--
``(I) the inspection of highway
bridges described in subsections (b)
and (c) that are located in the State;
and
``(II) the rehabilitation and
replacement of any of such bridges that
are structurally deficient or
functionally obsolete.
``(iv) Bridge management system.--
Notwithstanding section 303(c), the State shall
develop and implement a bridge management
system that meets the requirements of section
303.
``(B) Approval of performance plans.--
``(i) Submission to the secretary.--A State
that establishes a 5-year performance plan
under subparagraph (A)(iii) shall submit the
plan and each update of the plan to the
Secretary for approval.
``(ii) Criteria for approval.--Not later
than 1 year after the date of enactment of this
paragraph, the Secretary shall establish
criteria for the approval of performance plans
and updates submitted under clause (i).
``(iii) Approval and disapproval.--The
Secretary shall approve or disapprove each 5-
year performance plan and update submitted by a
State under this subparagraph. If the Secretary
disapproves a plan or update, the Secretary
shall inform the State of the reasons for the
disapproval and shall require the State to
resubmit the plan or update with such
modifications as the Secretary determines
necessary.
``(C) Historic bridges.--
``(i) In general.--A 5-year performance
plan of a State under subparagraph (A)(iii) may
provide for more frequent, in-depth inspection
of a historic bridge located in the State in
lieu of replacement of the bridge if the
Secretary determines that--
``(I) it is appropriate based on
the age, design, traffic
characteristics, and any known
deficiency of the bridge; and
``(II) granting the exception will
increase the overall safety of the
State's bridge inventory.
``(ii) Historic bridge defined.--In this
subparagraph, the term `historic bridge' means
any bridge that is listed on the National
Register of Historic Places.''.
(d) Information and Reports.--Section 144(h) of such title is
amended to read as follows:
``(h) Information and Reports.--
``(1) Updates of information.--The Secretary shall annually
revise, as necessary, the information required under
subsections (b) and (c).
``(2) Reports to congress.--Concurrently with the
President's annual budget submission to Congress under section
1105(a) of title 31, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing--
``(A) a description of projects and activities
approved under this section;
``(B) the information updated under paragraph (1),
including a description of the priority assigned, on a
national basis and by State, for the replacement or
rehabilitation of each structurally deficient or
functionally obsolete bridge on a Federal-aid highway;
``(C) a description of any project or activity
carried out by a State under this section in the
preceding fiscal year that is inconsistent with the
priorities assigned by the Secretary under subsection
(b)(3), (c)(1)(C), and (c)(3)(C); and
``(D) such recommendations as the Secretary may
have for improvements of the program authorized by this
section.''.
(e) Transferability of Funding.--Section 144 of such title is
amended by inserting after subsection (r) the following:
``(s) Transferability of Funding.--Notwithstanding section 126 or
any other provision of law, a State may transfer funds apportioned to
the State under this section for a fiscal year to another apportionment
of funds to the State under this title only if the State demonstrates
to the satisfaction of the Secretary that there are not any bridges on
the National Highway System located in the State that are eligible for
replacement.''.
(f) Definitions.--Section 144 of such title is further amended by
adding at the end the following:
``(t) Definitions.--In this section, the following definitions
apply:
``(1) Functionally obsolete.--The term `functionally
obsolete' as used with respect to a bridge means a bridge that
no longer meets current design standards relating to
geometrics, including roadway width, shoulder width, and
approach alignment, for the traffic demands on the bridge.
``(2) Structurally deficient.--The term `structurally
deficient' as used with respect to a bridge means a bridge that
has--
``(A) significant load-carrying elements that are
in poor or worse condition due to deterioration or
damage, or both;
``(B) a load capacity that is significantly below
current truckloads and that requires replacement; or
``(C) a waterway opening causing frequent flooding
of the bridge deck and approaches resulting in
significant traffic interruptions.
``(3) Rehabilitation.--The term `rehabilitation' means
major work necessary to restore the structural integrity of a
bridge and work necessary to correct a major safety defect.
``(4) Replacement.--The term `replacement' as used with
respect to a structurally deficient or functionally obsolete
bridge means a new facility constructed in the same general
traffic corridor that meets the geometric, construction, and
structural standards, in effect at the time of such
construction, required for the types and volume of projected
traffic of the facility over its design life.''.
(g) National Bridge Inventory.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall take necessary
actions to make information contained in the national bridge
inventory established under section 144 of title 23, United
States Code, more readily available to the public, including
actions to make the information easier to understand.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000 for
fiscal year 2009. Such sums shall remain available until
expended.
SEC. 3. NATIONAL BRIDGE INSPECTION PROGRAM.
(a) National Bridge Inspection Standards.--Section 151(a) of title
23, United States Code, is amended by adding at the end the following:
``The standards established under this subsection shall be designed to
ensure uniformity among the States in the conduct of such inspections
and evaluations.''.
(b) Minimum Requirements of Inspection Standards.--Section 151(b)
of title 23, United States Code, is amended--
(1) in paragraph (4) by striking ``and'' at the end;
(2) in paragraph (5) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) establish procedures for conducting annual compliance
reviews of State inspections, quality control and quality
assurance procedures, load ratings, and weight limit postings
of structurally deficient highway bridges;
``(7) establish procedures for States to follow in
reporting to the Secretary--
``(A) critical findings relating to structural or
safety-related deficiencies of highway bridges; and
``(B) monitoring activities and corrective actions
taken in response to such a finding; and
``(8) provide for testing with a state-of-the-art
technology that detects growth activity of fatigue cracks as
small as 0.01 inches on steel bridges exhibiting fatigue damage
or bridges with fatigue susceptible members.''.
(c) Regulations on Critical Findings of Bridge Deficiencies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
issue regulations establishing procedures to be used by States
in reporting critical findings of bridge deficiencies, and
subsequent monitoring activities and corrective actions, to the
Secretary in accordance with the standards to be established
under section 151(b)(7) of title 23, United States Code, as
added by subsection (b)(3) of this section.
(2) Contents.--Regulations to be issued under paragraph (1)
shall--
(A) establish a uniform definition of the term
``critical finding'';
(B) establish deadlines for State reporting of
critical finding determinations to the Secretary;
(C) establish requirements for monitoring and
follow-up actions and reporting following a critical
finding determination; and
(D) provide for enhanced training of bridge
inspectors relating to critical findings.
(d) Training Program for All Bridge Inspectors.--Section 151(c) of
such title is amended by adding at the end the following: ``The
Secretary shall expand the scope of the training program to ensure that
all persons conducting highway bridge inspections receive appropriate
training and certification under the program.''.
(e) Frequency of Bridge Inspections.--Section 151 of such title is
amended--
(1) in subsection (b)(2) by inserting ``in accordance with
subsection (d)'' before the semicolon;
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Frequency of Bridge Inspections.--
``(1) In general.--Subject to paragraph (2), the standards
established under subsection (a), at a minimum, shall provide
for--
``(A) annual inspections of structurally deficient
highway bridges using the best practicable technologies
and methods;
``(B) annual in depth inspections of fracture
critical members, as such terms are defined in section
650.305 of title 23, Code of Federal Regulations (as in
effect on the date of enactment of this paragraph); and
``(C) biennial inspections of highway bridges that
have not been determined to be structurally deficient.
``(2) Extensions.--Upon the request of a State, the
Secretary may extend, to a maximum period of 48 months, the
time between required inspections of a highway bridge that has
not been determined to be structurally deficient if the
Secretary determines that--
``(A) the extension is appropriate based on the
age, design, traffic characteristics, and any known
deficiency of the bridge;
``(B) the extension is consistent with the 5-year
performance plan of the State approved under section
144(d)(5)(B); and
``(C) granting the extension will increase the
overall safety of the State's bridge inventory.''.
(f) Qualifications of Program Managers and Team Leaders.--
(1) Revision of regulations.--Not later than 1 year after
the date of enactment of this Act, the Secretary of
Transportation shall revise regulations contained in section
650.309 of title 23, Code of Federal Regulations, relating to
the qualifications of highway bridge inspection personnel, to
require that, in addition to meeting the qualifications
identified in such section (as in effect on the date of
enactment of this Act)--
(A) an individual serving as the program manager of
a State be a professional engineer licensed under the
laws of that State;
(B) an individual serving as a team leader for a
State for the inspection of complex bridges or follow-
up inspections of bridges for which there has been a
critical finding be a licensed professional engineer;
and
(C) an individual serving as a team leader for a
State for the inspection of all other bridges be a
licensed professional engineer or have at least 10
years of bridge inspection experience.
(2) Applicability.--The additional qualification
requirements specified in paragraphs (1)(A), (1)(B), and (1)(C)
shall apply only to an individual selected by a State to serve
as the program manager or a team leader after the date of
issuance of revised regulations under paragraph (1).
(3) Complex bridge defined.--In this subsection, the term
``complex bridge'' means a highway bridge with unusual
characteristics, including movable, suspension, and cable-
stayed highway bridges.
(g) Effective Date.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall modify national bridge
inspection standards and modify the training program for bridge
inspectors in accordance with the amendments made by this section.
(h) Report to Congress.--Not later than 15 days after a critical
finding determination is made by a State which results in the closure
of a bridge, the Secretary of Transportation shall report to the
appropriate Committees of Congress regarding the impact, including the
economic impact, on regional transportation and transit that will
result from the such bridge closure and recommend solutions to mitigate
such impact.
SEC. 4. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall conduct a study and report its findings to
the Secretary of Transportation regarding--
(1) the identification of factors that contribute to
construction delays of bridge rehabilitation; and
(2) any recommendations the Comptroller General may have to
simplify and expedite the construction of bridges that are to
be rehabilitated.
SEC. 5. SURFACE TRANSPORTATION RESEARCH.
Section 502(d) of title 23, United States Code, is amended--
(1) in paragraph (2) in the matter preceding subparagraph
(A) by inserting ``and enhance the safety'' before ``of bridge
structures''; and
(2) in paragraph (4) by striking ``for use with existing
infrastructure facilities and with next-generation
infrastructure facilities'' and inserting ``for assessing the
structural integrity of existing infrastructure facilities and
next-generation infrastructure facilities''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out section 144 of title 23, United States Code, $1,000,000,000 for
fiscal year 2009.
(b) Apportionment and Use of Funds.--Funds appropriated pursuant to
subsection (a)--
(1) shall be apportioned among the States under paragraphs
(1) and (2) of section 144(e) of such title;
(2) shall be used for the replacement and rehabilitation of
structurally deficient highway bridges on the National Highway
System; and
(3) shall be available for obligation in the same manner as
other funds apportioned under chapter 1 of such title, except
that such funds shall not be transferable and shall remain
available until expended.
(c) Limitation.--None of the funds appropriated pursuant to
subsection (a) may be earmarked by Congress or any Federal department
or agency for a specific project or activity.
(d) Compliance With Immigration and Nationality Act.--None of the
funds appropriated pursuant to subsection (a) may be used to employ
workers in violation of section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a).
SEC. 7. BRIDGE ADVANCED CONDITION ASSESSMENT PILOT PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
and implement a pilot program to evaluate the effectiveness, accuracy,
and reliability of the use of advanced condition assessment inspection
processes and technologies (including fiber optic, vibrating wire,
acoustical emissions, and peak strain displacement technologies) in
monitoring and evaluating the structural health of a highway bridge.
Technologies evaluated under the pilot program shall be real-time
sensing technologies that record objective data to determine accurate
conditions assessments of critical bridge elements.
(b) Grants.--
(1) In general.--The Secretary may make grants to States to
conduct projects under the pilot program.
(2) Applications.--A State seeking a grant under the pilot
program shall submit an application to the Secretary in such
form and containing such information as the Secretary may
require by regulation.
(c) Eligibility.--
(1) Selection of highway bridges.--
(A) In general.--In awarding grants under the pilot
program, the Secretary shall select not more than 15
highway bridges in not more than 5 States for
participation in the program.
(B) Bridge requirements.--The Secretary may select
a highway bridge under subparagraph (A) only if the
bridge is--
(i) as of the date of enactment of this
Act, classified as structurally deficient under
section 144 of title 23, United States Code;
(ii) a nonredundant, fracture critical
structure; and
(iii) greater than 200 feet in length.
(2) Selection and use of technologies.--
(A) In general.--The Secretary shall select no
fewer than 2 types of real-time, in-service, sensor-
based, commercially-available, advanced-condition
assessment technologies to be used in the pilot
program.
(B) Duration of real-time data collection.--The
duration of real-time data collection from each highway
bridge selected for participation in the pilot program
shall be not less than 1 year.
(C) Use of calibrated finite element analysis
model.--At least one-half of the highway bridges
selected for participation in the pilot program shall
also be evaluated using a calibrated finite element
analysis model of the bridge, based upon data from the
advanced condition assessment technologies.
(d) Federal Share.--The Federal share payable on account of a
project carried out under the pilot program shall be 80 percent of the
cost of the project.
(e) Duration of the Pilot Program.--The Secretary shall carry out
the pilot program for a period of 2 fiscal years.
(f) Final Report.--
(1) In general.--Not later than 6 months after the last day
of the pilot program, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that describes the effectiveness
and benefits of the pilot program carried out under this
section.
(2) Contents.--The report shall describe, at a minimum--
(A) the cost effectiveness of the technologies and
processes selected;
(B) the objectivity, reliability, and accuracy of
the technologies and processes employed in providing
condition assessments of the highway bridge;
(C) the quality of the data collected and measured;
and
(D) any recommendations for improving or expanding
the pilot program or the use of structural health
monitoring technologies or processes, including a
suggested plan for wider adoption based on potential
highway bridge repair and replacement savings by the
Federal Government and State governments.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
(h) Availability of Amounts.--Amounts appropriated to carry out
this section shall be available for obligation in the same manner as
funds apportioned under chapter 1 of title 23, United States Code,
except that such funds shall not be transferable and shall remain
available until expended.
SEC. 8. EFFECTIVENESS OF BRIDGE RATING SYSTEM.
(a) Study.--The Comptroller General shall conduct a study of the
effectiveness of the bridge rating system of the Federal Highway
Administration, including the use of the terms ``structurally
deficient'' and ``functionally obsolete'' to describe the condition of
highway bridges in the United States.
(b) Evaluation of State Systems.--In conducting the study, the
Comptroller General shall evaluate bridge rating systems used by State
departments of transportation and provide recommendations on how
successful aspects of such bridge rating systems may be incorporated
into the bridge rating system of the Federal Highway Administration.
(c) Report.--Not later than February 1, 2009, the Comptroller
General shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on the
Environment and Public Works of the Senate a report on the results of
the study.
SEC. 9. USE OF CARBON FIBER COMPOSITE MATERIALS IN BRIDGE REPLACEMENT
AND REHABILITATION PROJECTS.
(a) Study.--The Secretary of Transportation shall conduct a study
of the cost benefits of using carbon fiber composite materials in
bridge replacement and rehabilitation projects instead of traditional
construction materials.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the results of the study conducted under this section.
SEC. 10. SENSE OF CONGRESS.
It is the sense of Congress that each State should prepare a
corrosion mitigation and prevention plan, for a project for
construction, replacement, or rehabilitation of a bridge, that includes
the following:
(1) An estimate of the expected useful life of the bridge.
(2) An estimate of environmental exposure of the bridge,
including marine, deicer application, industrial, rural,
rainfall, temperature, freeze-thaw, and other factors that
influence corrosion prevention and corrosion mitigation
strategies.
(3) An identification of the functional classification of
the bridge.
(4) Details of corrosion mitigation and prevention methods
that will be used with respect to the bridge, taking into
account--
(A) material selection;
(B) coating considerations;
(C) cathodic protection considerations;
(D) design considerations for corrosion; and
(E) concrete requirements.
(5) Details of a project maintenance program for the life
of the bridge.
(6) A certification that the plan was developed by the
State or States and approved by a corrosion expert.
(7) A certification that each individual conducting
inspections of Federal-aid highway bridges in the State or
States receives training from a corrosion expert.
SEC. 11. FLOOD RISKS TO BRIDGES.
(a) Study.--The Secretary of Transportation, in consultation with
the States, shall conduct a study of the risks posed by floods to
bridges on Federal-aid highways, bridges on other public roads, bridges
on Indian reservations, and park bridges that are located in a 500-year
floodplain.
(b) Considerations.--In conducting the study, the Secretary shall
give consideration to safety, serviceability, essentiality for public
use, and public safety, including the potential impacts to regional and
national freight and passenger mobility if the serviceability of a
bridge is restricted or diminished.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on the results of
the study.
SEC. 12. NATIONAL TUNNEL INSPECTION PROGRAM.
(a) In General.--Title 23, United States Code, is amended by
inserting after section 149 the following:
``Sec. 150. National tunnel inspection program
``(a) National Tunnel Inspection Standards.--The Secretary, in
consultation with State transportation departments and interested and
knowledgeable private organizations and individuals, shall establish
national tunnel inspection standards for the proper safety inspection
and evaluation of all highway tunnels. The standards established under
this subsection shall be designed to ensure uniformity among the States
in the conduct of such inspections and evaluations.
``(b) Minimum Requirements for Inspection Standards.--The standards
established under subsection (a) shall, at a minimum--
``(1) specify, in detail, the method by which highway
tunnel inspections shall be carried out by the States;
``(2) establish the maximum time period between the
inspections based on a risk-management approach;
``(3) establish the qualifications for those charged with
carrying out the inspections;
``(4) require each State to maintain and make available to
the Secretary upon request--
``(A) written reports on the results of the
inspections together with notations of any action taken
pursuant to the findings of the inspections; and
``(B) current inventory data for all highway
tunnels located in the State reflecting the findings of
the most recent highway tunnel inspections conducted;
``(5) establish procedures for national certification of
highway tunnel inspectors;
``(6) establish procedures for conducting annual compliance
reviews of State inspections and State implementation of
quality control and quality assurance procedures; and
``(7) establish standards for State tunnel management
systems to improve the tunnel inspection process and the
quality of data collected and reported by the States to the
Secretary for inclusion in the national tunnel inventory to be
established under this section.
``(c) Training and Certification Program for Tunnel Inspectors.--
The Secretary, in cooperation with State transportation departments,
shall establish a program designed to ensure that all individuals
carrying out highway tunnel inspections receive appropriate training
and certification. Such program shall be revised from time to time to
take into account new and improved techniques.
``(d) National Tunnel Inventory.--The Secretary shall establish a
national inventory of highway tunnels reflecting the findings of the
most recent highway tunnel inspections conducted by States under this
section.
``(e) Availability of Funds.--To carry out this section, the
Secretary may use funds made available pursuant to the provisions of
sections 104(a) and 502.''.
(b) Surface Transportation Program.--Section 133(b)(1) of such
title is amended by inserting ``, tunnels that are eligible for
assistance under this title (including safety inspection of such
tunnels),'' after ``highways)''.
(c) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by inserting after the item relating to section 149 the
following:
``150. National tunnel inspection program.''.
Passed the House of Representatives July 24, 2008.
Attest:
Clerk.
110th CONGRESS
2d Session
H. R. 3999
_______________________________________________________________________
AN ACT
To amend title 23, United States Code, to improve the safety of
Federal-aid highway bridges, to strengthen bridge inspection standards
and processes, to increase investment in the reconstruction of
structurally deficient bridges on the National Highway System, and for
other purposes.