[House Report 110-760]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-760

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3999) 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 15, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Arcuri, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1344]

    The Committee on Rules, having had under consideration 
House Resolution 1344, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3999, the 
``National Highway Bridge Reconstruction and Inspection Act of 
2007,'' under a structured rule. The resolution provides for 
one hour of general debate equally divided and controlled by 
the chairman and ranking minority member of the Committee on 
Transportation and Infrastructure.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution provides that the amendment 
in the nature of a substitute printed in part A of this report 
shall be an original bill for the purpose of amendment. The 
resolution provides that the amendment in the nature of a 
substitute printed in part A of this report shall be considered 
as read. The resolution waives all points of order against the 
amendment in the nature of a substitute except those arising 
under clause 10 of rule XXI. This does not affect the point of 
order available under clause 9 of rule XXI (regarding earmark 
disclosure).
    The resolution makes in order only those further amendments 
printed in part B of this report. The amendments made in order 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for a division of the question in 
the House or in the Committee of the Whole. The resolution 
waives all points of order against the amendments except those 
arising under clause 9 or 10 of rule XXI.
    The resolution provides one motion to recommit with or 
without instructions. Finally, notwithstanding the operation of 
the previous question, the Chair may postpone further 
consideration to a time designated by the Speaker.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against the 
bill and its consideration (except those arising under clause 9 
or 10 of rule XXI), the Committee is not aware of any points of 
order against the bill or its consideration. The waivers of all 
points of order against the bill and its consideration (except 
those arising under clause 9 or 10 of rule XXI) are 
prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 565

    Date: July 15, 2008.
    Measure: H.R. 3999.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Mica (FL), #18, which would 
allow states to continue to transfer a portion of their bridge 
funding to other highway projects if the Secretary recognizes 
the State has no deficient bridges on the National Highway 
System, or that the State will spend more on bridges from other 
sources than Federal bridge funding and the transfer will not 
affect the States' five-year bridge performance plan.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 566

    Date: July 15, 2008.
    Measure: H.R. 3999.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Flake (AZ), #9, which would 
allow States to obligate funds received from SAFETEA-LU or FY08 
Consolidated Appropriations Act to repair or replace 
structurally-deficient bridges, and an amendment by Rep. 
Fossella (NY), #14, which would allow funds appropriated under 
this act to be used for traffic mitigation measures that may be 
necessary during bridge rehabilitation or replacement projects.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 567

    Date: July 15, 2008.
    Measure: H.R. 3999.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Blunt (MO), #1, which would 
require the EPA to remove a boutique fuel from the list 
published pursuant to the EP Act of 2005 if that fuel ceases to 
be included in any State implementation plan or if the fuel is 
functionally identical to a Federal fuel control promulgated 
and implemented by EPA. It also would provide the EPA with 
additional authority to waive from controls and prohibitions on 
fuels if fuel supply issues result from any unexpected problems 
with distribution or delivery equipment that is necessary for 
transportation and delivery of fuel or fuel additives.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 568

    Date: July 15, 2008.
    Measure: H.R. 3999.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Shimkus (IL), #17, which would 
enable the Department of Energy to enter into agreements with 
up to 6 coal liquefaction projects for the purpose of 
establishing price parameters which will provide the projects 
with a federal price guarantee.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 569

    Date: July 15, 2008.
    Measure: H.R. 3999.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Pitts (PA), #13, which would 
require the President to open at least three closed military 
installations for the purpose of siting new refineries and 
would expedite the refinery application process.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--
Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

     SUMMARY OF AMENDMENT IN PART A MADE IN ORDER AS ORIGINAL TEXT

    Section 1 of the amendment changes the short title of the 
bill to the ``National Highway Bridge Reconstruction and 
Inspection Act of 2008.''
    Section 2 requires the Secretary of Transportation 
(``Secretary'') to develop a system to assign a risk-based 
priority to repair, rehabilitate, or replace each structurally-
deficient or functionally-obsolete bridge. It requires the 
National Academy of Sciences to review the process for 
assigning risk-based priorities for repair, reconstruction, or 
replacement of structurally-deficient and functionally-obsolete 
bridges. It also establishes the requirements for State 
participation in the Highway Bridge Program. States are 
required to establish a five-year performance plan for the 
inspection of highway bridges and the rehabilitation and 
replacement of any structurally-deficient or functionally-
obsolete bridges.
    Section 3 provides that the standards established under 
this Act are to be designed to ensure uniformity among the 
States in the conduct of inspections and evaluations. It sets 
forth minimum standards for inspections. It requires the 
Secretary to expand its bridge inspector training program to 
ensure that all persons conducting highway bridge inspections 
receive appropriate training and certification. It requires 
annual inspections of structurally-deficient highway bridges.
    Section 4 expands the activities eligible to receive 
funding under the highway research program to include research 
into non-destructive inspection technologies.
    Section 5 authorizes $1 billion in FY 2009 to repair, 
reconstruct, and replace structurally-deficient bridges on the 
National Highway System. Funds are to be distributed by formula 
pursuant to Federal-aid highway apportionments for Federal-aid 
highway bridges under the Highway Bridge Program. Funds shall 
be used for the replacement or rehabilitation of structurally-
deficient National Highway System bridges. Funds may not be 
transferred to other Federal-Aid Highway programs. The 
amendment prohibits any congressional or administration 
earmarks of funding provided under this program.
    Section 6 authorizes the Secretary to establish and 
implement a pilot program for two fiscal years to evaluate the 
effectiveness, accuracy, and reliability of the use of advanced 
condition assessment inspection processes and technologies in 
monitoring and evaluating the structural health of a highway 
bridge. The Secretary is authorized to make grants to States to 
conduct projects under the pilot program.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Oberstar (MN): Would make technical corrections to the 
amendment in the nature of a substitute. (10 minutes)
    2. Mica (FL): Would require the Government Accountability 
Office to conduct a study of the Federal Highway 
Administration's bridge rating system. The study shall 
specifically address the effectiveness of using the terms 
``structurally deficient'' and ``functionally obsolete'' in 
describing the condition of the highway bridge inventory in the 
United States. (10 minutes)
    3. Diaz-Balart, Mario (FL): Would consider emergency 
evacuation routes in the risk-based prioritization for 
replacement or rehabilitation of deficient bridges. (10 
minutes)
    4. Walz (MN): Would require the Secretary of Transportation 
to report to Congress, within 15 days of issuing a critical 
finding that result in the closure of a bridge, on the economic 
impact and impact on regional transportation that will result 
from the bridge closure. The amendment also requires the 
Secretary to recommend solutions to mitigate such impacts. (10 
minutes)
    5. Miller, Candice (MI): Would require the Secretary of 
Transportation to conduct a study on the cost benefits of using 
carbon fiber composite materials in bridge projects instead of 
traditional construction materials. (10 minutes)
    6. Conaway (TX)/Sutton (OH)/Arcuri (NY): Would express that 
it is the sense of Congress to encourage States that receive 
Federal funding to develop corrosion mitigation and prevention 
plans. The plans are encouraged to contain expected useful life 
of the bridge, details of corrosion mitigation and prevention 
methods in construction and maintenance of the bridge, 
certification and approval by a corrosion expert and corrosion 
training for all bridge inspectors. (10 minutes)
    7. Shays (CT): Would request the GAO to conduct a study on 
factors contributing to bridge construction and rehabilitation 
delays and ways to expedite construction projects. (10 minutes)
    8. Loebsack (IA): Would require the Secretary, in 
consultation with the states to study the risks posed by a 
``500 year'' flood to bridges on federal-aid highways, bridges 
on other public roads, and bridges on Indian reservations and 
park bridges while also giving consideration to safety, 
serviceability, essentiality for public use, and public safety, 
The Secretary would report the results to Congress not later 
than 2 years after enactment of the legislation. (10 minutes)
    9. Shea-Porter (NH): Would allow a state performance plan 
to provide for increased inspection of a historic bridge rather 
than rehabilitation or replacement. (10 minutes)
    10. Childers (MS): Would provide that none of the funds may 
be used to employ workers in violation of section 274A of the 
Immigration and Nationality Act. (10 minutes)
    11. Capuano (MA): Would create a National Tunnel Inspection 
Program that would establish national tunnel inspection 
standards and ensure uniformity among the States in the conduct 
of such inspections. (10 minutes)

        PART A: TEXT OF AMENDMENT MADE IN ORDER AS ORIGINAL TEXT

  Strike all after the enacting clause and insert the 
following:

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, 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.
  ``(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, including the potential impacts 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, including the potential impacts 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 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 one 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.''.
  (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), 
                (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) (as redesignated by 
subsection (g)(1)(G) of this section) 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 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, 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 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 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).
  (g) 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) 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. 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 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.

SEC. 6. 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, fractural 
                        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 one 
                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.

                PART B: TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Oberstar of Minnesota, 
               or His Designee, Debatable for 10 Minutes

  In section 2(a)(2)(A), after ``the Secretary'' insert ``, in 
consultation with the States,''.
  In section 2(d), strike ``(as redesignated by subsection 
(g)(1)(G) of this section)''.
  In section 2(e), strike ``(as redesignated by subsection 
(g)(1)(G) of this section)''.
  At the end of section 3(f), add the following:
          (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.
  In section 6(c)(1)(B)(ii), strike ``fractural'' and insert 
``fracture''.
                              ----------                              


2. An Amendment To Be Offered by Representative Mica of Florida, or his 
                   Designee, Debatable for 10 Minutes

  At the end of the amendment, add the following:

SEC. 7. 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.
                              ----------                              


 3. An Amendment To Be Offered by Representative Mario Diaz-Balart of 
           Florida, or His Designee, Debatable for 10 Minutes

  In section 2(a)(1), in the matter proposed to be inserted as 
section 144(b)(3) of title 23, United States Code, after 
``public use'' insert ``and public safety'' and after 
``impacts'' insert ``to emergency evacuation routes and''.
  In section 2(a)(1), in the matter proposed to be inserted as 
section 144(c)(1)(C) of title 23, United States Code, after 
``public use'' insert ``and public safety'' and after 
``impacts'' insert ``to emergency evacuation routes and''.
  In section 2(a)(1), in the matter proposed to be inserted as 
section 144(c)(3)(C) of title 23, United States Code, after 
``public use'' insert ``and public safety'' and after 
``impacts'' insert ``to emergency evacuation routes and''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Walz of Minnesota, or 
                 His Designee, Debatable for 10 Minutes

  At the end of section 3, add the following:
  (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 
bridge closure and recommend solutions to mitigate such impact.
                              ----------                              


5. An Amendment To Be Offered by Representative Miller of Michigan, or 
                 Her Designee, Debatable for 10 Minutes

  At the end of the amendment, add the following:

SEC. 7. 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.
                              ----------                              


 6. An Amendment To Be Offered by Representative Conaway of Texas, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 7. 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.
                              ----------                              


 7. An Amendment To Be Offered by Representative Shays of Connecticut, 
               or His Designee, Debatable for 10 Minutes

  Redesignate sections 4 through 6 as sections 5 through 7, 
respectively.
  After section 3, insert the following:

SEC. 4. GAO STUDY.

  Not later than one 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.
                              ----------                              


 8. An Amendment To Be Offered by Representative Loebsack of Iowa, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 7. 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.
                              ----------                              


  9. An Amendment To Be Offered by Representative Shea-Porter of New 
          Hampshire, or Her Designee, Debatable for 10 Minutes

  In section 2(c), before the closing quotation marks at the 
end of the matter proposed to be inserted as section 144(d)(5) 
of title 23, United States Code, insert the following:
                  ``(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.
                              ----------                              


     10. An Amendment To Be Offered by Representative Childers of 
         Mississippi, or His Designee, Debatable for 10 Minutes

  At the end of section 5, add the following:
  (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).
                              ----------                              


      11. An Amendment To Be Offered by Representative Capuano of 
        Massachusetts, or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 7. 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''.

                                  
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