II 110th CONGRESS 1st Session S. 1761 IN THE SENATE OF THE UNITED STATES July 10, 2007 Mr. Kerry (for himself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To authorize the Secretary of Transportation to contract with an independent engineer to review the construction methods of certain Federal highway projects, to require States to submit a project management plan for each highway project financed with Federal funds, and for other purposes.

1.

Short title

This Act may be cited as the Safety and Accountability in Construction Act.

2.

Highway safety

(a)

Submission of project management plans

Section 106(a)(1) of title 23, United States Code, is amended by striking such and inserting the project management plan and such other. (b)

Independent safety reviews

(1)

In general

Chapter 4 of title 23, United States Code, is amended by adding at the end the following:

413.

Independent safety reviews

(a)

In general

Subject to subsection (b), the Secretary of Transportation (or the Secretary’s designee) is authorized to contract with a qualified independent engineer to objectively analyze the planning, design, construction methods, and materials used to construct any highway project financed with Federal funds if the Secretary (or the Secretary’s designee) determines that— (1)the project may endanger public safety; (2)the planning, design, or construction of the project differs from the State’s existing Project Management Plan; (3)the project is experiencing significant cost overruns; or (4)there is a reasonable basis for requiring a safety review of the project by an independent engineer. (b)

Selection of independent engineer

(1)

In general

If the Secretary makes a determination under subsection (a), the Secretary shall select and hire an engineer to conduct the analysis described in subsection (a). (2)

Qualifications

The engineer selected under this subsection— (A)shall be a registered professional engineer with a background in the appropriate engineering discipline; (B)shall have significant knowledge and experience in highway projects; and (C)may not have any prior association with the project to be reviewed or any affiliation with any project participant. (3)

Notification requirement

If an engineer is selected under this section, the Secretary shall notify— (A)the members of Congress of the districts in which the project being reviewed is located; and (B)the Committee on Commerce, Science, and Transportation of the Senate; (C)the Committee on Environment and Public Works of the Senate; and (D)the Committee on Transportation and Infrastructure of the House of Representatives. (c)

Access

(1)

In general

The transportation department of each State in which a highway project is being reviewed by an independent engineer selected under subsection (b), and any contractors involved in the project, shall provide the engineer with reasonable access to the plans, records, and construction sites of the project. (2)

Contract provisions

Beginning on the date of the enactment of this section, each contract relating to a highway project receiving Federal financial assistance shall explicitly— (A)authorize the Secretary of Transportation to conduct a safety review in accordance with this section; and (B)require the parties to comply with paragraph (1). (d)

Reports

(1)

Analysis findings

At the conclusion of the analysis described in subsection (a), the independent engineer shall submit a report containing the findings of such analysis to— (A)the Secretary of Transportation; (B)the Inspector General of the Department of Transportation; (C)the Administrator of the Federal Highway Administration; and (D)the transportation department of the State in which the project is located. (2)

Internal review

The Inspector General of the Department of Transportation shall ensure compliance with the requirements under this section and shall submit a report describing such compliance to— (A)the Secretary of Transportation; (B)the Administrator of the Federal Highway Administration; and (C)the appropriate congressional committees. (e)

Authorization of appropriations

There are authorized to be appropriated $15,000,000 for each fiscal year to carry out this section.

. (2)

Clerical amendment

The table of sections in chapter 4 of title 23, United States Code, is amended by adding at the end the following: 413. Independent safety reviews. .

3.

Tunnel inspections

(a)

In general

Section 151 of title 23, United States Code, is amended— (1)in the section heading, by inserting and tunnel after bridge; (2)in subsections (a) and (c), by inserting and tunnel after bridge each place it appears in the subsection headings; (3)by inserting and tunnel after bridge each place it appears; (4)by inserting and tunnels after bridges each place it appears; and (5)in subsection (d), by striking section 104(a), section 502, and section 144 of this title. and inserting sections 104(a), 144, and 502 for the bridge inspection program and sections 104(a) and 502 for the tunnel inspection program.. (b)

Surface transportation program

Section 133(b)(1) of title 23, United States Code, is amended by inserting , tunnels (including safety inspections), after highways).