II 

110TH CONGRESS 

2D SESSION S. 3338 

To amend title 23, United States Code, to improve the safety of Federalaid highway bridges, to strengthen bridge inspection standards and processes, to increase investment in the reconstruction of structurally deficient bridges on the National Highway System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2008 

Ms. KLOBUCHAR (for herself and Mr. DURBIN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend title 23, United States Code, to improve the 

safety of Federal-aid highway bridges, to strengthen 

bridge inspection standards and processes, to increase 

investment in the reconstruction of structurally deficient 

bridges on the National Highway System, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Highway 

5 Bridge Reconstruction and Inspection Act of 2008’’. 


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1 SEC. 2. HIGHWAY BRIDGE PROGRAM. 

2 (a) BRIDGES ON FEDERAL-AID HIGHWAYS.— 

3 (1) RISK-BASED PRIORITIZATION FOR REPLACE4 MENT AND REHABILITATION OF DEFICIENT

5 BRIDGES.—Section 144 of title 23, United States 

6 Code, is amended by striking subsections (b) and (c) 

7 and inserting the following: 

8 ‘‘(b) BRIDGES ON FEDERAL-AID HIGHWAYS.—The 

9 Secretary, in consultation with the States, shall— 

10 ‘‘(1) inventory all bridges on Federal-aid high11 ways that are bridges over waterways, other topo12 graphical barriers, other highways, and railroads; 

13 ‘‘(2) identify each bridge inventoried under 

14 paragraph (1) that is structurally deficient or func15 tionally obsolete; 

16 ‘‘(3) assign a risk-based priority for replace17 ment or rehabilitation of each such bridge after con18 sideration of safety, serviceability, and essentiality 

19 for public use and public safety, including the poten20 tial impacts to emergency evacuation routes and to 

21 regional and national freight and passenger mobility 

22 if the serviceability of the bridge is restricted or di23 minished; and 

24 ‘‘(4) determine the cost of replacing each such 

25 bridge with a comparable facility or of rehabilitating 

26 such bridge. 


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1 ‘‘(c) BRIDGES ON OTHER PUBLIC ROADS.— 

2 ‘‘(1) INVENTORY OF BRIDGES.—The Secretary, 

3 in consultation with the States, shall— 

4 ‘‘(A) inventory all those highway bridges 

5 on public roads, other than those on any Fed6 eral-aid highway, which are bridges over water7 ways, other topographical barriers, other high8 ways, and railroads; 

9 ‘‘(B) identify each bridge inventoried under 

10 subparagraph (A) that is structurally deficient 

11 or functionally obsolete; 

12 ‘‘(C) assign a risk-based priority for re13 placement or rehabilitation of each such bridge 

14 after consideration of safety, serviceability, and 

15 essentiality for public use and public safety, in16 cluding the potential impacts to emergency 

17 evacuation routes and to regional and national 

18 freight and passenger mobility if the service19 ability of the bridge is restricted or diminished; 

20 and 

21 ‘‘(D) determine the cost of replacing each 

22 such bridge with a comparable facility or of re23 habilitating such bridge. 

24 ‘‘(2) INVENTORY OF BRIDGES FOR HISTORIC

25 SIGNIFICANCE.—The Secretary may, at the request 


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1 of a State, inventory bridges, on and off Federal-aid 

2 highways, for historic significance. 

3 ‘‘(3) INVENTORY OF INDIAN RESERVATION AND

4 PARK BRIDGES.—As part of the activities carried out 

5 under paragraph (1), the Secretary, in consultation 

6 with the Secretary of the Interior, shall— 

7 ‘‘(A) inventory all those highway bridges 

8 on Indian reservation roads and park roads 

9 which are bridges over waterways, other topo10 graphical barriers, other highways, and rail11 roads; 

12 ‘‘(B) identify each bridge inventoried under 

13 subparagraph (A) that is structurally deficient 

14 or functionally obsolete; 

15 ‘‘(C) assign a risk-based priority for re16 placement or rehabilitation of each such bridge 

17 after consideration of safety, serviceability, and 

18 essentiality for public use and public safety, in19 cluding the potential impacts to emergency 

20 evacuation routes and to regional and national 

21 freight and passenger mobility if the service22 ability of the bridge is restricted or diminished; 

23 and 


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1 ‘‘(D) determine the cost of replacing each 

2 such bridge with a comparable facility or of re3 habilitating such bridge.’’. 

4 (2) PROCESS FOR ASSIGNING RISK-BASED PRI5 ORITIES.— 

6 (A) DEADLINE FOR ESTABLISHMENT.— 

7 After modifying national bridge inspection 

8 standards in accordance with the amendments 

9 made by section 3 and not later than 18 

10 months after the date of enactment of this Act, 

11 the Secretary, in consultation with the States, 

12 shall establish a process for assigning risk13 based priorities under sections 144(b)(3), 

14 144(c)(1)(C), and 144(c)(3)(C) of title 23, 

15 United States Code, as amended by paragraph 

16 (1) of this subsection. 

17 (B) REPORT TO CONGRESS.—Not later 

18 than 18 months after the date of enactment of 

19 this Act, the Secretary shall submit to the Com20 mittee on Transportation and Infrastructure of 

21 the House of Representatives and the Com22 mittee on Environment and Public Works of the 

23 Senate a report containing a description of the 

24 process for assigning risk-based priorities estab25 lished under subparagraph (A). 


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1 (C) INDEPENDENT REVIEW.— 

2 (i) PARTICIPATION OF NATIONAL

3 ACADEMY OF SCIENCES.—Not later than 

4 18 months after the date of enactment of 

5 this Act, the Secretary shall enter into ap6 propriate arrangements with the National 

7 Academy of Sciences to permit the Acad8 emy to conduct an independent review of 

9 the process for assigning risk-based prior10 ities established under subparagraph (A). 

11 (ii) REPORT TO CONGRESS.—Not later 

12 than 2 years after the date of enactment 

13 of this Act, the Academy shall submit a re14 port on the results of the review to the 

15 Secretary, the Committee on Transpor16 tation and Infrastructure of the House of 

17 Representatives, and the Committee on 

18 Environment and Public Works of the Sen19 ate. 

20 (iii) AUTHORIZATION OF APPROPRIA21 TIONS.—There is authorized to be appro22 priated to carry out this subparagraph 

23 $2,000,000 for fiscal year 2009. Such 

24 sums shall remain available until expended. 


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1 (b) APPORTIONMENT.—Section 144(e) of title 23, 

2 United States Code, is amended by adding at the end the 

3 following: ‘‘In this subsection, the term ‘deficient bridge’ 

4 means a bridge that is structurally deficient or function5 ally obsolete.’’. 

6 (c) PARTICIPATION.—Section 144(d) of title 23, 

7 United States Code, is amended by adding at the end the 

8 following: 

9 ‘‘(5) REQUIREMENTS FOR STATE PARTICIPA10 TION.— 

11 ‘‘(A) IN GENERAL.—As a condition for 

12 providing assistance to a State under this sec13 tion, the Secretary shall require the State to 

14 take the following actions: 

15 ‘‘(i) INSPECTIONS.—Not later than 24 

16 months after the date of enactment of this 

17 paragraph, and at least once every 24 

18 months thereafter (except as otherwise 

19 provided by section 151(d)), the State shall 

20 inspect all highway bridges described in 

21 subsections (b) and (c) that are located in 

22 the State in accordance with the standards 

23 established under section 151 and provide 

24 updated information on such bridges to the 


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1 Secretary for inclusion in the national 

2 bridge inventory. 

3 ‘‘(ii) CALCULATION OF LOAD RAT4 INGS.—The State shall— 

5 ‘‘(I) not later than 24 months 

6 after the date of enactment of this 

7 paragraph, calculate the load rating 

8 for all highway bridges described in 

9 subsections (b) and (c) that are lo10 cated in the State; 

11 ‘‘(II) at least once every 24 

12 months thereafter, reevaluate and, as 

13 appropriate, recalculate the load rat14 ing for each such bridge; and 

15 ‘‘(III) ensure that the safe load16 carrying capacities for such bridges 

17 are properly posted. 

18 ‘‘(iii) PERFORMANCE PLAN.—The 

19 State shall develop, not later than 24 

20 months after the date of enactment of this 

21 paragraph, update annually, and imple22 ment a 5-year performance plan for— 

23 ‘‘(I) the inspection of highway 

24 bridges described in subsections (b) 


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1 and (c) that are located in the State; 

2 and 

3 ‘‘(II) the rehabilitation and re4 placement of any of such bridges that 

5 are structurally deficient or function6 ally obsolete. 

7 ‘‘(iv) BRIDGE MANAGEMENT SYS8 TEM.—Notwithstanding section 303(c), the 

9 State shall develop and implement a bridge 

10 management system that meets the re11 quirements of section 303. 

12 ‘‘(B) APPROVAL OF PERFORMANCE

13 PLANS.— 

14 ‘‘(i) SUBMISSION TO THE SEC15 RETARY.—A State that establishes a 5- 

16 year performance plan under subparagraph 

17 (A)(iii) shall submit the plan and each up18 date of the plan to the Secretary for ap19 proval. 

20 ‘‘(ii) CRITERIA FOR APPROVAL.—Not 

21 later than 1 year after the date of enact22 ment of this paragraph, the Secretary shall 

23 establish criteria for the approval of per24 formance plans and updates submitted 

25 under clause (i). 


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1 ‘‘(iii) APPROVAL AND DISAPPROVAL.— 

2 The Secretary shall approve or disapprove 

3 each 5-year performance plan and update 

4 submitted by a State under this subpara5 graph. If the Secretary disapproves a plan 

6 or update, the Secretary shall inform the 

7 State of the reasons for the disapproval 

8 and shall require the State to resubmit the 

9 plan or update with such modifications as 

10 the Secretary determines necessary. 

11 ‘‘(C) HISTORIC BRIDGES.— 

12 ‘‘(i) IN GENERAL.—A 5-year perform13 ance plan of a State under subparagraph 

14 (A)(iii) may provide for more frequent, in15 depth inspection of a historic bridge lo16 cated in the State in lieu of replacement of 

17 the bridge if the Secretary determines 

18 that— 

19 ‘‘(I) it is appropriate based on 

20 the age, design, traffic characteristics, 

21 and any known deficiency of the 

22 bridge; and 

23 ‘‘(II) granting the exception will 

24 increase the overall safety of the 

25 State’s bridge inventory. 


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1 ‘‘(ii) HISTORIC BRIDGE DEFINED.—In 

2 this subparagraph, the term ‘historic 

3 bridge’ means any bridge that is listed on 

4 the National Register of Historic Places.’’. 

5 (d) INFORMATION AND REPORTS.—Section 144(h) of 

6 title 23, United States Code, is amended to read as fol7 lows: 

8 ‘‘(h) INFORMATION AND REPORTS.— 

9 ‘‘(1) UPDATES OF INFORMATION.—The Sec10 retary shall annually revise, as necessary, the infor11 mation required under subsections (b) and (c). 

12 ‘‘(2) REPORTS TO CONGRESS.—Concurrently 

13 with the President’s annual budget submission to 

14 Congress under section 1105(a) of title 31, the Sec15 retary shall submit to the Committee on Transpor16 tation and Infrastructure of the House of Represent17 atives and the Committee on Environment and Pub18 lic Works of the Senate a report containing— 

19 ‘‘(A) a description of projects and activities 

20 approved under this section; 

21 ‘‘(B) the information updated under para22 graph (1), including a description of the pri23 ority assigned, on a national basis and by State, 

24 for the replacement or rehabilitation of each 


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1 structurally deficient or functionally obsolete 

2 bridge on a Federal-aid highway; 

3 ‘‘(C) a description of any project or activ4 ity carried out by a State under this section in 

5 the preceding fiscal year that is inconsistent 

6 with the priorities assigned by the Secretary 

7 under subsection (b)(3), (c)(1)(C), and 

8 (c)(3)(C); and 

9 ‘‘(D) such recommendations as the Sec10 retary may have for improvements of the pro11 gram authorized by this section.’’. 

12 (e) TRANSFERABILITY OF FUNDING.—Section 144 of 

13 title 23, United States Code, is amended by inserting after 

14 subsection (r) the following: 

15 ‘‘(s) TRANSFERABILITY OF FUNDING.—Notwith16 standing section 126 or any other provision of law, a State 

17 may transfer funds apportioned to the State under this 

18 section for a fiscal year to another apportionment of funds 

19 to the State under this title only if the State demonstrates 

20 to the satisfaction of the Secretary that there are not any 

21 bridges on the National Highway System located in the 

22 State that are eligible for replacement.’’. 

23 (f) DEFINITIONS.—Section 144 of title 23, United 

24 States Code, is further amended by adding at the end the 

25 following: 


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1 ‘‘(t) DEFINITIONS.—In this section, the following 

2 definitions apply: 

3 ‘‘(1) FUNCTIONALLY OBSOLETE.—The term 

4 ‘functionally obsolete’ as used with respect to a 

5 bridge means a bridge that no longer meets current 

6 design standards relating to geometrics, including 

7 roadway width, shoulder width, and approach align8 ment, for the traffic demands on the bridge. 

9 ‘‘(2) STRUCTURALLY DEFICIENT.—The term 

10 ‘structurally deficient’ as used with respect to a 

11 bridge means a bridge that has— 

12 ‘‘(A) significant load-carrying elements 

13 that are in poor or worse condition due to dete14 rioration or damage, or both; 

15 ‘‘(B) a load capacity that is significantly 

16 below current truckloads and that requires re17 placement; or 

18 ‘‘(C) a waterway opening causing frequent 

19 flooding of the bridge deck and approaches re20 sulting in significant traffic interruptions. 

21 ‘‘(3) REHABILITATION.—The term ‘rehabilita22 tion’ means major work necessary to restore the 

23 structural integrity of a bridge and work necessary 

24 to correct a major safety defect. 


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1 ‘‘(4) REPLACEMENT.—The term ‘replacement’ 

2 as used with respect to a structurally deficient or 

3 functionally obsolete bridge means a new facility 

4 constructed in the same general traffic corridor that 

5 meets the geometric, construction, and structural 

6 standards, in effect at the time of such construction, 

7 required for the types and volume of projected traf8 fic of the facility over its design life.’’. 

9 (g) NATIONAL BRIDGE INVENTORY.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, the Secretary 

12 shall take necessary actions to make information 

13 contained in the national bridge inventory estab14 lished under section 144 of title 23, United States 

15 Code, more readily available to the public, including 

16 actions to make the information easier to under17 stand. 

18 (2) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to carry out 

20 this subsection $2,000,000 for fiscal year 2009. 

21 Such sums shall remain available until expended. 

22 SEC. 3. NATIONAL BRIDGE INSPECTION PROGRAM. 

23 (a) NATIONAL BRIDGE INSPECTION STANDARDS.— 

24 Section 151(a) of title 23, United States Code, is amended 

25 by adding at the end the following: ‘‘The standards estabVerDate Aug 31 2005 02:20 Jul 27, 2008 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3338.IS S3338

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1 lished under this subsection shall be designed to ensure 

2 uniformity among the States in the conduct of such in3 spections and evaluations.’’. 

4 (b) MINIMUM REQUIREMENTS OF INSPECTION

5 STANDARDS.—Section 151(b) of title 23, United States 

6 Code, is amended— 

7 (1) in paragraph (4) by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (5) by striking the period at 

10 the end and inserting a semicolon; and 

11 (3) by adding at the end the following: 

12 ‘‘(6) establish procedures for conducting annual 

13 compliance reviews of State inspections, quality con14 trol and quality assurance procedures, load ratings, 

15 and weight limit postings of structurally deficient 

16 highway bridges; 

17 ‘‘(7) establish procedures for States to follow in 

18 reporting to the Secretary— 

19 ‘‘(A) critical findings relating to structural 

20 or safety-related deficiencies of highway 

21 bridges; and 

22 ‘‘(B) monitoring activities and corrective 

23 actions taken in response to such a finding; and 

24 ‘‘(8) provide for testing with a state-of-the-art 

25 technology that detects growth activity of fatigue 


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1 cracks as small as 0.01 inches on steel bridges ex2 hibiting fatigue damage or bridges with fatigue sus3 ceptible members.’’. 

4 (c) REGULATIONS ON CRITICAL FINDINGS OF

5 BRIDGE DEFICIENCIES.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date of enactment of this Act, the Secretary of 

8 Transportation shall issue regulations establishing 

9 procedures to be used by States in reporting critical 

10 findings of bridge deficiencies, and subsequent moni11 toring activities and corrective actions, to the Sec12 retary in accordance with the standards to be estab13 lished under section 151(b)(7) of title 23, United 

14 States Code, as added by subsection (b)(3) of this 

15 section. 

16 (2) CONTENTS.—Regulations to be issued 

17 under paragraph (1) shall— 

18 (A) establish a uniform definition of the 

19 term ‘‘critical finding’’; 

20 (B) establish deadlines for State reporting 

21 of critical finding determinations to the Sec22 retary; 

23 (C) establish requirements for monitoring 

24 and follow-up actions and reporting following a 

25 critical finding determination; and 


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1 (D) provide for enhanced training of 

2 bridge inspectors relating to critical findings. 

3 (d) TRAINING PROGRAM FOR ALL BRIDGE INSPEC4 TORS.—Section 151(c) of title 23, United States Code, is 

5 amended by adding at the end the following: ‘‘The Sec6 retary shall expand the scope of the training program to 

7 ensure that all persons conducting highway bridge inspec8 tions receive appropriate training and certification under 

9 the program.’’. 

10 (e) FREQUENCY OF BRIDGE INSPECTIONS.—Section 

11 151 of title 23, United States Code, is amended— 

12 (1) in subsection (b)(2) by inserting ‘‘in accord13 ance with subsection (d)’’ before the semicolon; 

14 (2) by redesignating subsection (d) as sub15 section (e); and 

16 (3) by inserting after subsection (c) the fol17 lowing: 

18 ‘‘(d) FREQUENCY OF BRIDGE INSPECTIONS.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

20 the standards established under subsection (a), at a 

21 minimum, shall provide for— 

22 ‘‘(A) annual inspections of structurally de23 ficient highway bridges using the best prac24 ticable technologies and methods; 


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1 ‘‘(B) annual in depth inspections of frac2 ture critical members, as such terms are de3 fined in section 650.305 of title 23, Code of 

4 Federal Regulations (as in effect on the date of 

5 enactment of this paragraph); and 

6 ‘‘(C) biennial inspections of highway 

7 bridges that have not been determined to be 

8 structurally deficient. 

9 ‘‘(2) EXTENSIONS.—Upon the request of a 

10 State, the Secretary may extend, to a maximum pe11 riod of 48 months, the time between required inspec12 tions of a highway bridge that has not been deter13 mined to be structurally deficient if the Secretary 

14 determines that— 

15 ‘‘(A) the extension is appropriate based on 

16 the age, design, traffic characteristics, and any 

17 known deficiency of the bridge; 

18 ‘‘(B) the extension is consistent with the 5- 

19 year performance plan of the State approved 

20 under section 144(d)(5)(B); and 

21 ‘‘(C) granting the extension will increase 

22 the overall safety of the State’s bridge inven23 tory.’’. 

24 (f) QUALIFICATIONS OF PROGRAM MANAGERS AND

25 TEAM LEADERS.— 


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1 (1) REVISION OF REGULATIONS.—Not later 

2 than 1 year after the date of enactment of this Act, 

3 the Secretary of Transportation shall revise regula4 tions contained in section 650.309 of title 23, Code 

5 of Federal Regulations, relating to the qualifications 

6 of highway bridge inspection personnel, to require 

7 that, in addition to meeting the qualifications identi8 fied in such section (as in effect on the date of en9 actment of this Act)— 

10 (A) an individual serving as the program 

11 manager of a State be a professional engineer 

12 licensed under the laws of that State; 

13 (B) an individual serving as a team leader 

14 for a State for the inspection of complex 

15 bridges or follow-up inspections of bridges for 

16 which there has been a critical finding be a li17 censed professional engineer; and 

18 (C) an individual serving as a team leader 

19 for a State for the inspection of all other 

20 bridges be a licensed professional engineer or 

21 have at least 10 years of bridge inspection expe22 rience. 

23 (2) APPLICABILITY.—The additional qualifica24 tion requirements specified in paragraphs (1)(A), 

25 (1)(B), and (1)(C) shall apply only to an individual 


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1 selected by a State to serve as the program manager 

2 or a team leader after the date of issuance of revised 

3 regulations under paragraph (1). 

4 (3) COMPLEX BRIDGE DEFINED.—In this sub5 section, the term ‘‘complex bridge’’ means a highway 

6 bridge with unusual characteristics, including mov7 able, suspension, and cable-stayed highway bridges. 

8 (g) EFFECTIVE DATE.—Not later than 1 year after 

9 the date of enactment of this Act, the Secretary shall mod10 ify national bridge inspection standards and modify the 

11 training program for bridge inspectors in accordance with 

12 the amendments made by this section. 

13 (h) REPORT TO CONGRESS.—Not later than 15 days 

14 after a critical finding determination is made by a State 

15 which results in the closure of a bridge, the Secretary of 

16 Transportation shall report to the appropriate Committees 

17 of Congress regarding the impact, including the economic 

18 impact, on regional transportation and transit that will re19 sult from the such bridge closure and recommend solutions 

20 to mitigate such impact. 

21 SEC. 4. GAO STUDY. 

22 Not later than 1 year after the date of enactment 

23 of this Act, the Comptroller General shall conduct a study 

24 and report its findings to the Secretary of Transportation 

25 regarding— 


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1 (1) the identification of factors that contribute 

2 to construction delays of bridge rehabilitation; and 

3 (2) any recommendations the Comptroller Gen4 eral may have to simplify and expedite the construc5 tion of bridges that are to be rehabilitated. 

6 SEC. 5. SURFACE TRANSPORTATION RESEARCH. 

7 Section 502(d) of title 23, United States Code, is 

8 amended— 

9 (1) in paragraph (2) in the matter preceding 

10 subparagraph (A) by inserting ‘‘and enhance the 

11 safety’’ before ‘‘of bridge structures’’; and 

12 (2) in paragraph (4) by striking ‘‘for use with 

13 existing infrastructure facilities and with next-gen14 eration infrastructure facilities’’ and inserting ‘‘for 

15 assessing the structural integrity of existing infra16 structure facilities and next-generation infrastruc17 ture facilities’’. 

18 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—There is authorized to be appro20 priated to carry out section 144 of title 23, United States 

21 Code, $1,000,000,000 for fiscal year 2009. 

22 (b) APPORTIONMENT AND USE OF FUNDS.—Funds 

23 appropriated pursuant to subsection (a)— 


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1 (1) shall be apportioned among the States 

2 under paragraphs (1) and (2) of section 144(e) of 

3 title 23, United States Code; 

4 (2) shall be used for the replacement and reha5 bilitation of structurally deficient highway bridges on 

6 the National Highway System; and 

7 (3) shall be available for obligation in the same 

8 manner as other funds apportioned under chapter 1 

9 of title 23, United States Code, except that such 

10 funds shall not be transferable and shall remain 

11 available until expended. 

12 (c) LIMITATION.—None of the funds appropriated 

13 pursuant to subsection (a) may be earmarked by Congress 

14 or any Federal department or agency for a specific project 

15 or activity. 

16 (d) COMPLIANCE WITH IMMIGRATION AND NATION17 ALITY ACT.—None of the funds appropriated pursuant to 

18 subsection (a) may be used to employ workers in violation 

19 of section 274A of the Immigration and Nationality Act 

20 (8 U.S.C. 1324a). 

21 SEC. 7. BRIDGE ADVANCED CONDITION ASSESSMENT PILOT 

22 PROGRAM. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Secretary of Transpor25 tation shall establish and implement a pilot program to 


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1 evaluate the effectiveness, accuracy, and reliability of the 

2 use of advanced condition assessment inspection processes 

3 and technologies (including fiber optic, vibrating wire, 

4 acoustical emissions, and peak strain displacement tech5 nologies) in monitoring and evaluating the structural 

6 health of a highway bridge. Technologies evaluated under 

7 the pilot program shall be real-time sensing technologies 

8 that record objective data to determine accurate conditions 

9 assessments of critical bridge elements. 

10 (b) GRANTS.— 

11 (1) IN GENERAL.—The Secretary may make 

12 grants to States to conduct projects under the pilot 

13 program. 

14 (2) APPLICATIONS.—A State seeking a grant 

15 under the pilot program shall submit an application 

16 to the Secretary in such form and containing such 

17 information as the Secretary may require by regula18 tion. 

19 (c) ELIGIBILITY.— 

20 (1) SELECTION OF HIGHWAY BRIDGES.— 

21 (A) IN GENERAL.—In awarding grants 

22 under the pilot program, the Secretary shall se23 lect not more than 15 highway bridges in not 

24 more than 5 States for participation in the pro25 gram. 


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1 (B) BRIDGE REQUIREMENTS.—The Sec2 retary may select a highway bridge under sub3 paragraph (A) only if the bridge is— 

4 (i) as of the date of enactment of this 

5 Act, classified as structurally deficient 

6 under section 144 of title 23, United 

7 States Code; 

8 (ii) a nonredundant, fracture critical 

9 structure; and 

10 (iii) greater than 200 feet in length. 

11 (2) SELECTION AND USE OF TECHNOLOGIES.— 

12 (A) IN GENERAL.—The Secretary shall se13 lect no fewer than 2 types of real-time, in-serv14 ice, sensor-based, commercially-available, ad15 vanced-condition assessment technologies to be 

16 used in the pilot program. 

17 (B) DURATION OF REAL-TIME DATA COL18 LECTION.—The duration of real-time data col19 lection from each highway bridge selected for 

20 participation in the pilot program shall be not 

21 less than 1 year. 

22 (C) USE OF CALIBRATED FINITE ELEMENT

23 ANALYSIS MODEL.—At least one-half of the 

24 highway bridges selected for participation in the 

25 pilot program shall also be evaluated using a 


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1 calibrated finite element analysis model of the 

2 bridge, based upon data from the advanced con3 dition assessment technologies. 

4 (d) FEDERAL SHARE.—The Federal share payable on 

5 account of a project carried out under the pilot program 

6 shall be 80 percent of the cost of the project. 

7 (e) DURATION OF THE PILOT PROGRAM.—The Sec8 retary shall carry out the pilot program for a period of 

9 2 fiscal years. 

10 (f) FINAL REPORT.— 

11 (1) IN GENERAL.—Not later than 6 months 

12 after the last day of the pilot program, the Secretary 

13 shall submit to the Committee on Transportation 

14 and Infrastructure of the House of Representatives 

15 and the Committee on Environment and Public 

16 Works of the Senate a report that describes the ef17 fectiveness and benefits of the pilot program carried 

18 out under this section. 

19 (2) CONTENTS.—The report shall describe, at a 

20 minimum–– 

21 (A) the cost effectiveness of the tech22 nologies and processes selected; 

23 (B) the objectivity, reliability, and accuracy 

24 of the technologies and processes employed in 


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1 providing condition assessments of the highway 

2 bridge; 

3 (C) the quality of the data collected and 

4 measured; and 

5 (D) any recommendations for improving or 

6 expanding the pilot program or the use of 

7 structural health monitoring technologies or 

8 processes, including a suggested plan for wider 

9 adoption based on potential highway bridge re10 pair and replacement savings by the Federal 

11 Government and State governments. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $5,000,000. 

15 (h) AVAILABILITY OF AMOUNTS.—Amounts appro16 priated to carry out this section shall be available for obli17 gation in the same manner as funds apportioned under 

18 chapter 1 of title 23, United States Code, except that such 

19 funds shall not be transferable and shall remain available 

20 until expended. 

21 SEC. 8. EFFECTIVENESS OF BRIDGE RATING SYSTEM. 

22 (a) STUDY.—The Comptroller General shall conduct 

23 a study of the effectiveness of the bridge rating system 

24 of the Federal Highway Administration, including the use 

25 of the terms ‘‘structurally deficient’’ and ‘‘functionally obVerDate Aug 31 2005 02:20 Jul 27, 2008 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3338.IS S3338

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1 solete’’ to describe the condition of highway bridges in the 

2 United States. 

3 (b) EVALUATION OF STATE SYSTEMS.—In con4 ducting the study, the Comptroller General shall evaluate 

5 bridge rating systems used by State departments of trans6 portation and provide recommendations on how successful 

7 aspects of such bridge rating systems may be incorporated 

8 into the bridge rating system of the Federal Highway Ad9 ministration. 

10 (c) REPORT.—Not later than February 1, 2009, the 

11 Comptroller General shall submit to the Committee on 

12 Transportation and Infrastructure of the House of Rep13 resentatives and the Committee on the Environment and 

14 Public Works of the Senate a report on the results of the 

15 study. 

16 SEC. 9. USE OF CARBON FIBER COMPOSITE MATERIALS IN 

17 BRIDGE REPLACEMENT AND REHABILITA18 TION PROJECTS. 

19 (a) STUDY.—The Secretary of Transportation shall 

20 conduct a study of the cost benefits of using carbon fiber 

21 composite materials in bridge replacement and rehabilita22 tion projects instead of traditional construction materials. 

23 (b) REPORT.—Not later than 180 days after the date 

24 of enactment of this Act, the Secretary shall transmit to 

25 the Committee on Transportation and Infrastructure of 


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1 the House of Representatives and the Committee on Envi2 ronment and Public Works of the Senate a report on the 

3 results of the study conducted under this section. 

4 SEC. 10. SENSE OF CONGRESS. 

5 It is the sense of Congress that each State should 

6 prepare a corrosion mitigation and prevention plan, for a 

7 project for construction, replacement, or rehabilitation of 

8 a bridge, that includes the following: 

9 (1) An estimate of the expected useful life of 

10 the bridge. 

11 (2) An estimate of environmental exposure of 

12 the bridge, including marine, deicer application, in13 dustrial, rural, rainfall, temperature, freeze-thaw, 

14 and other factors that influence corrosion prevention 

15 and corrosion mitigation strategies. 

16 (3) An identification of the functional classifica17 tion of the bridge. 

18 (4) Details of corrosion mitigation and preven19 tion methods that will be used with respect to the 

20 bridge, taking into account— 

21 (A) material selection; 

22 (B) coating considerations; 

23 (C) cathodic protection considerations; 

24 (D) design considerations for corrosion; 

25 and 


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1 (E) concrete requirements. 

2 (5) Details of a project maintenance program 

3 for the life of the bridge. 

4 (6) A certification that the plan was developed 

5 by the State or States and approved by a corrosion 

6 expert. 

7 (7) A certification that each individual con8 ducting inspections of Federal-aid highway bridges 

9 in the State or States receives training from a corro10 sion expert. 

11 SEC. 11. FLOOD RISKS TO BRIDGES. 

12 (a) STUDY.—The Secretary of Transportation, in 

13 consultation with the States, shall conduct a study of the 

14 risks posed by floods to bridges on Federal-aid highways, 

15 bridges on other public roads, bridges on Indian reserva16 tions, and park bridges that are located in a 500-year 

17 floodplain. 

18 (b) CONSIDERATIONS.—In conducting the study, the 

19 Secretary shall give consideration to safety, serviceability, 

20 essentiality for public use, and public safety, including the 

21 potential impacts to regional and national freight and pas22 senger mobility if the serviceability of a bridge is restricted 

23 or diminished. 

24 (c) REPORT.—Not later than 2 years after the date 

25 of enactment of this Act, the Secretary shall submit to 


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1 the Committee on Transportation and Infrastructure of 

2 the House of Representatives and the Committee on Envi3 ronment and Public Works of the Senate a report on the 

4 results of the study. 

5 SEC. 12. NATIONAL TUNNEL INSPECTION PROGRAM. 

6 (a) IN GENERAL.—Title 23, United States Code, is 

7 amended by inserting after section 149 the following: 

8 ‘‘§ 150. National tunnel inspection program 

9 ‘‘(a) NATIONAL TUNNEL INSPECTION STANDARDS.— 

10 The Secretary, in consultation with State transportation 

11 departments and interested and knowledgeable private or12 ganizations and individuals, shall establish national tunnel 

13 inspection standards for the proper safety inspection and 

14 evaluation of all highway tunnels. The standards estab15 lished under this subsection shall be designed to ensure 

16 uniformity among the States in the conduct of such in17 spections and evaluations. 

18 ‘‘(b) MINIMUM REQUIREMENTS FOR INSPECTION

19 STANDARDS.—The standards established under sub20 section (a) shall, at a minimum— 

21 ‘‘(1) specify, in detail, the method by which 

22 highway tunnel inspections shall be carried out by 

23 the States; 


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1 ‘‘(2) establish the maximum time period be2 tween the inspections based on a risk-management 

3 approach; 

4 ‘‘(3) establish the qualifications for those 

5 charged with carrying out the inspections; 

6 ‘‘(4) require each State to maintain and make 

7 available to the Secretary upon request— 

8 ‘‘(A) written reports on the results of the 

9 inspections together with notations of any ac10 tion taken pursuant to the findings of the in11 spections; and 

12 ‘‘(B) current inventory data for all high13 way tunnels located in the State reflecting the 

14 findings of the most recent highway tunnel in15 spections conducted; 

16 ‘‘(5) establish procedures for national certifi17 cation of highway tunnel inspectors; 

18 ‘‘(6) establish procedures for conducting annual 

19 compliance reviews of State inspections and State 

20 implementation of quality control and quality assur21 ance procedures; and 

22 ‘‘(7) establish standards for State tunnel man23 agement systems to improve the tunnel inspection 

24 process and the quality of data collected and re25 ported by the States to the Secretary for inclusion 


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1 in the national tunnel inventory to be established 

2 under this section. 

3 ‘‘(c) TRAINING AND CERTIFICATION PROGRAM FOR

4 TUNNEL INSPECTORS.—The Secretary, in cooperation 

5 with State transportation departments, shall establish a 

6 program designed to ensure that all individuals carrying 

7 out highway tunnel inspections receive appropriate train8 ing and certification. Such program shall be revised from 

9 time to time to take into account new and improved tech10 niques. 

11 ‘‘(d) NATIONAL TUNNEL INVENTORY.—The Sec12 retary shall establish a national inventory of highway tun13 nels reflecting the findings of the most recent highway 

14 tunnel inspections conducted by States under this section. 

15 ‘‘(e) AVAILABILITY OF FUNDS.—To carry out this 

16 section, the Secretary may use funds made available pur17 suant to the provisions of sections 104(a) and 502.’’. 

18 (b) SURFACE TRANSPORTATION PROGRAM.—Section 

19 133(b)(1) of title 23, United States Code, is amended by 

20 inserting ‘‘, tunnels that are eligible for assistance under 

21 this title (including safety inspection of such tunnels),’’ 

22 after ‘‘highways)’’. 

23 (c) CONFORMING AMENDMENT.—The analysis for 

24 chapter 1 of title 23, United States Code, is amended by 


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1 inserting after the item relating to section 149 the fol2 lowing: 

‘‘150. National tunnel inspection program.’’. 

Æ 


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