[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3999 Reported in House (RH)]






                                                 Union Calendar No. 476
110th CONGRESS
  2d Session
                                H. R. 3999

                          [Report No. 110-750]

    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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2007

  Mr. Oberstar (for himself and Mr. DeFazio) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

                             July 10, 2008

                    Additional sponsor: Mr. Ellison

                             July 10, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
    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 2007''.

SEC. 2. HIGHWAY BRIDGE PROGRAM.

    (a) Bridges on Federal-Aid Highways.--
            (1) Risk-based prioritization for replacement and 
        rehabilitation of deficient bridges.--Section 144(b) of title 
        23, United States Code, is amended to read as follows:
    ``(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, 
        including the potential impacts 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.''.
            (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 shall establish a process for assigning risk-
                based priorities under section 144(b)(3) 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 2008. 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--
                            ``(i) not later than 2 years after the date 
                        of enactment of this paragraph, and at least 
                        once every 2 years thereafter (except as 
                        otherwise provided by section 151(d)), to 
                        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) not later than 2 years after the 
                        date of enactment of this paragraph, and at 
                        least once every 2 years thereafter, to 
                        calculate the load rating for highway bridges 
                        located in the State that have a structural 
                        deficiency in a load-carrying member and ensure 
                        that the safe load-carrying capacities for such 
                        bridges are properly posted;
                            ``(iii) to establish, not later than 2 
                        years after the date of enactment of this 
                        paragraph, and update annually, 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; and
                            ``(iv) to establish and implement a bridge 
                        management system that complies with the 
                        standards established for such systems under 
                        section 151.
                    ``(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) 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.''.
    (d) Information and Reports.--Section 144(h) of such title (as 
redesignated by subsection (g)(1)(G) of this section) 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); and
                    ``(D) such recommendations as the Secretary may 
                have for improvements of the program authorized by this 
                section.''.
    (e) Flexible Funding.--Section 144 of such title is amended by 
inserting after subsection (r) (as redesignated by subsection (g)(1)(G) 
of this section) the following:
    ``(s) Flexible 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 the State has no structurally 
deficient bridges on Federal-aid highways located in the State.''.
    (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; or
                    ``(B) a waterway opening that is insufficient to 
                the point of causing 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) Technical Amendments.--
            (1) In general.--Section 144 of such title is amended--
                    (A) in the section heading by striking 
                ``replacement and rehabilitation'';
                    (B) in subsections (c)(1) and (e) by striking 
                ``Federal-aid system'' each place it appears and 
                inserting ``Federal-aid highway'';
                    (C) in subsections (c)(2) and (o) by striking ``the 
                Federal-aid system'' each place it appears and 
                inserting ``Federal-aid highways'';
                    (D) in the heading to paragraph (4) of subsection 
                (d) by inserting ``systematic'' before ``preventive'';
                    (E) in subsection (e) by striking ``off-system 
                bridges'' each place it appears and inserting ``bridges 
                not on Federal-aid highways'';
                    (F) by striking subsection (f);
                    (G) by redesignating subsections (g) through (s) as 
                subsections (f) through (r), respectively;
                    (H) in paragraph (1)(A)(vi) of subsection (f) (as 
                redesignated by subparagraph (G) of this paragraph) by 
                inserting ``, except that any unobligated funds 
                remaining upon completion of the project under this 
                clause shall be transferred to and used to carry out 
                the project described in clause (vii)'' after 
                ``Vermont'';
                    (I) in paragraph (2) of subsection (f) (as 
                redesignated by subparagraph (G) of this paragraph) by 
                striking the paragraph heading and inserting ``Bridges 
                not on federal-aid highways'';
                    (J) in subsection (m) (as redesignated by 
                subparagraph (G) of this paragraph) by striking the 
                subsection heading and inserting ``Program for Bridges 
                Not on Federal-Aid Highways''; and
                    (K) in paragraph (4)(B) of subsection (n) (as 
                redesignated by subparagraph (G) of this paragraph) by 
                striking ``State highway agency'' and inserting ``State 
                transportation department''.
            (2) Conforming amendments.--
                    (A) Metropolitan planning.--Section 104(f)(1) of 
                such title is amended by striking ``replacement and 
                rehabilitation''.
                    (B) Equity bonus program.--Subsections (a)(2)(C) 
                and (b)(2)(C) of section 105 of such title are amended 
                by striking ``replacement and rehabilitation'' each 
                place it appears.
                    (C) Analysis.--The analysis for chapter 1 of such 
                title is amended in the item relating to section 144 by 
                striking ``replacement and rehabilitation''.
    (h) National Bridge Inventory.--Not later than one 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.

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; and
            ``(7) establish standards for State bridge management 
        systems to improve the bridge inspection process and the 
        quality of data collected and reported by the States to the 
        Secretary for inclusion in the national bridge inventory.''.
    (c) 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.''.
    (d) 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 hands-on 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 4 years, 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.''.
    (e) Qualifications of Program Managers and Team Leaders.--
            (1) Revision of regulations.--Not later than one 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 State 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; and
                    (B) an individual serving as a team leader for a 
                State be a professional engineer licensed under the 
                laws of that State or have at least 10 years of bridge 
                inspection experience.
            (2) Applicability.--The additional qualification 
        requirements specified in paragraphs (1)(A) and (1)(B) 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).
    (f) Effective Date.--Not later than one 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.

SEC. 4. SURFACE TRANSPORTATION RESEARCH.

    Section 502(d)(2) of title 23, United States Code, is amended--
            (1) in the matter preceding subparagraph (A) by inserting 
        ``and enhance the safety'' before ``of bridge structures''; and
            (2) in subparagraph (B) by inserting before the semicolon 
        the following: ``, including nondestructive tests to assess the 
        structural integrity of facilities''.

SEC. 5. 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 
each of fiscal years 2008 and 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.
                                                 Union Calendar No. 476

110th CONGRESS

  2d Session

                               H. R. 3999

                          [Report No. 110-750]

_______________________________________________________________________

                                 A BILL

    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.

_______________________________________________________________________

                             July 10, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed