[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[House]
[Pages 429-431]
[From the U.S. Government Publishing Office, www.gpo.gov]




           ESTABLISHING NATIONAL TUNNEL INSPECTION STANDARDS

  Mr. DeFAZIO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 409) to amend title 23, United States Code, to inspect 
highway tunnels, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 409

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. DeFazio) and the gentleman from Tennessee (Mr. Duncan) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. DeFAZIO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to include extraneous material on H.R. 409.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Madam Speaker, this legislation will fill a gap in the 
national inspection regime and in public safety, one that was brought 
to our attention by the gentleman from Massachusetts (Mr. Capuano). 
Obviously, a failing infrastructure is very much on the minds of the 
public, given the collapse in Minnesota this last year, but, 
unfortunately, the Minnesota instance is not unique and it points to 
the need for constant vigilance and inspection of the critical 
infrastructure to avoid tragic accidents. And in this case, the 
gentleman from Massachusetts has pointed out that we do not have a 
regular regime of tunnel inspection, nor do we have standards which are 
set nationally for tunnel safety and inspection, nor do we have 
certified tunnel inspectors. All of that would be rectified by this 
legislation, so I'm very supportive of the legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I would like to voice my strong support for H.R. 409, 
and I would also like to commend Chairman DeFazio and the gentleman 
from Massachusetts (Mr. Capuano) for bringing this bill to the floor at 
this time.
  On August 2, the Transportation and Infrastructure Committee passed 
an earlier version of this bill on a voice vote. I believe that the 
entire committee agreed with the main objective of this bill, to ensure 
that our Nation's highway tunnels are safe. But some members had 
concerns about the new tunnel inspections directly competing with 
ongoing bridge inspections. This substitute bill addresses these 
concerns.
  This bill requires the Federal Highway Administration to establish a 
new national highway tunnel inspection program in consultation with 
State DOTs and other knowledgeable organizations. The new tunnel 
inspection program is modeled directly on the existing highway bridge 
inspection program and addresses three major areas: One, it establishes 
national highway tunnel

[[Page 430]]

inspection standards to ensure tunnel inspection uniformity. Secondly, 
this establishes a national tunnel inventory to publish the findings of 
all tunnel inspections. And thirdly, it develops a national program for 
training and certification of highway tunnel inspectors.
  This bill will make tunnel inspection requirements consistent with 
the current bridge inspection requirements. I think this is a concept 
we can all agree on.
  There are approximately 400 highway tunnels in the United States, and 
we need to make sure that those tunnels are safe. But there are more 
than 580,000 road and highway bridges in the United States, including 
almost 55,000 interstate bridges. I'm pleased that instead of having 
tunnel inspections compete directly with highway bridge inspections, 
the substitute bill before us makes tunnel inspections eligible for 
funding from other highway programs: the Surface Transportation 
Program, the Federal Highway Administration administrative expenses, or 
surface transportation research funds.
  I hope that if this legislation secures Senate passage and becomes 
law, we can further fine-tune the tunnel inspection funding source 
issue so that the different tunnel inspection activities are funded 
from the appropriate program.
  Again, I voice my support for H.R. 409, and I urge its passage.
  Madam Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Madam Speaker, I yield such time as he may consume to 
the gentleman from Massachusetts (Mr. Capuano).
  Mr. CAPUANO. Madam Speaker, the substance of the bill has already 
been outlined. I just want to rise to thank the chairman and ranking 
member of the full committee, Mr. Oberstar and Mr. Mica, and the 
chairman and ranking member of the subcommittee, Mr. DeFazio and Mr. 
Duncan, for moving this forward; also thank the staff for working out a 
few items that need to be worked out.
  And I would also want to take a moment just to thank the National 
Transportation Safety Board. This legislation was done in conjunction 
with them. We had a tragedy in Boston that led me, no different than 
any other American. I didn't come to Congress knowing that tunnels were 
not inspected, and I have not met anyone, anyone who thinks that they 
are not. And when they find out that they are not, it's one of those 
deals where, well, why not? Of course you should. This legislation will 
fix this. The National Transportation Safety Board took their duties 
investigating a tragedy we had in Boston and went, I think, the extra 
step, and I think the proper extra step, to call on us to pass 
legislation just like this. I think it was the right thing to do, the 
courageous thing to do. I think it's good for the country. And again, I 
want to extend my thanks to those people that made this possible.
  Mr. OBERSTAR. Madam Speaker, I rise in strong support of H.R. 409, to 
amend title 23 of the United States Code, to ensure the safety of the 
traveling public by establishing a national program to inspect highway 
tunnels, modeled after the National Bridge Inspection Program.
  I thank the gentleman from Massachusetts, Mr. Capuano, for 
introducing this important piece of legislation that will address the 
absence of comprehensive inspections standards for our Nation's highway 
tunnels.
  Madam Speaker, recent tragic events have highlighted the very real 
crisis facing our Nation's transportation infrastructure. America's 
transportation network is aging and increasingly in need of maintenance 
or reconstruction. Many facilities are being stretched to the limit of 
their design life and beyond.
  The tragic collapse of the Interstate 35W bridge in my home State 
illustrated the deteriorating conditions of our bridges and the need 
for routine inspections. Similarly, another tragedy in Massachusetts 
has shown that we must do the same for highway tunnels.
  On Monday, July 10, 2006, at approximately 11 p.m., a section of the 
suspended concrete ceiling above the eastbound lanes of the Interstate 
90 connector tunnel in Boston, Massachusetts, fell onto a vehicle 
traveling to Logan International Airport. A passenger, riding in the 
right front seat of the vehicle, was killed. The driver escaped with 
minor injuries.
  The National Transportation Safety Board, NTSB, immediately launched 
an investigation into the cause of the ceiling panel collapse.
  On July 10, 2007, the NTSB issued its accident report, identifying 
the failure of the epoxy adhesive used to attach the panels to the 
anchors in the ceiling to sustain long-term loads as the probable cause 
of the accident.
  The NTSB report observed that had the Massachusetts Turnpike 
Authority inspected the area above the suspended ceilings at regular 
intervals, the anchor creep that led to this accident would likely have 
been detected, and this tragedy could have been prevented.
  The NTSB report also found that the Federal Highway Administration, 
FHWA, lacked the regulatory authority to conduct tunnel inspections, 
and recommended that the FHWA seek legislation authorizing the agency 
to establish a mandatory tunnel inspection program similar to the 
National Bridge Inspection Program.
  H.R. 409 will fulfill the NTSB recommendation, and establish a 
national program to inspect highway tunnels.
  Under this legislation, the Secretary of Transportation, in 
consultation with State departments of transportation, private 
organizations and individuals, is required to establish national tunnel 
inspection standards for safety inspections and evaluations of all 
public highway tunnels.
  This bill also establishes criteria for certification and training of 
tunnel inspectors, and requires States to prepare and maintain an 
inventory of public highway tunnels.
  FHWA has already begun to develop a tunnel inspection regime modeled 
after the bridge inspection program. This regime must account for the 
inherent differences between bridges and tunnels. Working in 
conjunction with the Federal Transit Administration, the agency has 
published highway and rail transit tunnel inspection manuals.
  FHWA has also begun the process of working with State departments of 
transportation, highway tunnel owners, and other stakeholders to 
develop National Tunnel Inspection Standards and establish minimum 
training and qualification requirements for inspectors.
  These are important steps, but the passage of this legislation will 
ensure that FHWA has the resources necessary to develop and implement 
comprehensive tunnel inspection standards and training.
  I thank the gentleman from Florida, Ranking Member Mica, and his 
staff for working with us to ensure that this legislation accomplished 
its goal of increasing tunnel safety without inadvertently diverting 
resources from bridge inspections.
  Madam Speaker, while we cannot undo the damage caused by this 
accident, we can, and we must, take the necessary actions to prevent 
future tunnel collapses. H.R. 409 establishes a framework to address 
the serious safety concerns raised by the NTSB, and ensures that 
tragedies like that of July 10, 2006, will never occur again.
  I urge my colleagues to join me in strongly supporting H.R. 409.
  Mr. MARKEY. Madam Speaker, I rise in strong support of H.R. 409. This 
legislation will require that tunnels are inspected with the same kind 
of intensity and scrutiny as bridges in every community in the United 
States.
  In Massachusetts for years now we have been working on the Central 
Artery/Tunnel Project, also known as the ``Big Dig'', a system of 
tunnels that has made it much easier to get around in and outside of 
Boston. In July of 2006 there was a tragic death in the Ted Williams 
tunnel due to a collapse of a concrete panel in the ceiling. By adding 
tunnels to all inspection legislation we will give states the vital 
jurisdiction they need to look into important transportation 
structures.
  This bill will not require excessive funds or staffing. As of right 
now it is estimated by the Department of Transportation that it will 
cost less than $1 million and require 5 employees or less to run the 
program. This is a small amount to ask for the safety it would provide 
to all of our constituents across the U.S.
  The legislation calls for standards that must be met for all of the 
tunnel inspections and timelines for states to fix any reported 
deficiencies. We have seen first hand in Minnesota this year what can 
happen if a structurally deficient bridge is left unchecked. This bill 
would help reduce the risk of more tragedies occurring as a result of 
tunnels that have fallen into disrepair. In addition, the Federal 
Highway Administration would be required to work with state 
transportation departments to establish a certification and training 
program for tunnel inspectors as well as keep an inventory of highway 
tunnels.
  I urge adoption of this important legislation.
  Ms. TSONGAS. Madam Speaker, I rise today in strong support of H.R. 
409, a bill that will go a long way toward making our highway 
infrastructure safer. I want to give special

[[Page 431]]

thanks to my colleague from Somerville, Congressman Capuano, for 
introducing this common-sense bill.
  H.R. 409 expands the National Bridge Inspection Program to include 
the inspection of highway tunnels. Current law does not contain 
national standards or requirements for inspecting tunnels. This bill 
corrects that flaw. In doing so, I believe that lives will be saved.
  It is, sadly, because of the loss of life that this bill came to be.
  On the evening of July 10, 2006, Milena Del Valle was killed 
tragically as she and her husband traveled to Boston's Logan Airport, 
utilizing the Ted Williams Tunnel. Milena was killed when sections of 
the concrete ceiling collapsed.
  A number of investigations were launched in the wake of this tragedy. 
One, undertaken by the National Transportation Safety Board, cited 
``inadequate regulatory requirements for tunnel inspections'' as a 
major safety issue that merited correction.
  This bill puts in place those needed requirements, mandatory tunnel 
inspections, and creates a national list of tunnels, to complement 
existing lists of bridges. I hope that swift action today in the House 
will be followed by the Senate, so that any future tragedies like we 
saw in Massachusetts can be averted, Again, I want to thank Congressman 
Capuano, and am pleased to support this bill.
  Mr. DUNCAN. Madam Speaker, I have no additional speakers, and I 
simply will urge passage, and yield back the balance of my time.
  Mr. DeFAZIO. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules 
and pass the bill, H.R. 409, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to amend title 23, 
United States Code, to direct the Secretary of Transportation to 
establish national tunnel inspection standards for the proper safety 
inspection and evaluation of all highway tunnels, and for other 
purposes.''.
  A motion to reconsider was laid on the table.

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