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






                                                      Calendar No. 1050
110th CONGRESS
  2d Session
                                H. R. 3999

                          [Report No. 110-482]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2008

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

           September 23 (legislative day, September 17), 2008

               Reported by Mrs. Boxer, without amendment

_______________________________________________________________________

                                 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.''.
                                                      Calendar No. 1050

110th CONGRESS

  2d Session

                               H. R. 3999

                          [Report No. 110-482]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

           September 23 (legislative day, September 17), 2008

                       Reported without amendment