(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 con-
trol 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 ex-
hibiting fatigue damage or bridges with fatigue sus-
ceptible members.’’. 
(c) REGULATIONS
ON
CRITICAL
FINDINGS
OF 
BRIDGE DEFICIENCIES.— 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
(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 moni-
toring activities and corrective actions, to the Sec-
retary in accordance with the standards to be estab-
lished 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 Sec-
retary; 
(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 INSPEC-
TORS.—Section 151(c) of such title is amended by adding 
at the end the following: ‘‘The Secretary shall expand the 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
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 accord-
ance with subsection (d)’’ before the semicolon; 
(2) by redesignating subsection (d) as sub-
section (e); and 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(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 de-
ficient highway bridges using the best prac-
ticable technologies and methods; 
‘‘(B) annual in depth inspections of frac-
ture critical members, as such terms are de-
fined in section 650.305 of title 23, Code of 
Federal Regulations (as in effect on the date of 
enactment of this paragraph); and 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
‘‘(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 pe-
riod of 48 months, the time between required inspec-
tions of a highway bridge that has not been deter-
mined 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 inven-
tory.’’. 
(f) QUALIFICATIONS OF PROGRAM MANAGERS AND 
TEAM LEADERS.— 
(1) REVISION
OF
REGULATIONS.—Not later 
than 1 year after the date of enactment of this Act, 
the Secretary of Transportation shall revise regula-
tions contained in section 650.309 of title 23, Code 
of Federal Regulations, relating to the qualifications 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
of highway bridge inspection personnel, to require 
that, in addition to meeting the qualifications identi-
fied in such section (as in effect on the date of en-
actment 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 li-
censed 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 expe-
rience. 
(2) APPLICABILITY.—The additional qualifica-
tion requirements specified in paragraphs (1)(A), 
(1)(B), and (1)(C) shall apply only to an individual 
selected by a State to serve as the program manager 
or a team leader after the date of issuance of revised 
regulations under paragraph (1). 
(3) COMPLEX BRIDGE DEFINED.—In this sub-
section, the term ‘‘complex bridge’’ means a highway 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
bridge with unusual characteristics, including mov-
able, suspension, and cable-stayed highway bridges. 
(g) EFFECTIVE DATE.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall mod-
ify national bridge inspection standards and modify the 
training program for bridge inspectors in accordance with 
the amendments made by this section. 
(h) REPORT TO CONGRESS.—Not later than 15 days 
after a critical finding determination is made by a State 
which results in the closure of a bridge, the Secretary of 
Transportation shall report to the appropriate Committees 
of Congress regarding the impact, including the economic 
impact, on regional transportation and transit that will re-
sult from the such bridge closure and recommend solutions 
to mitigate such impact. 
SEC. 4. GAO STUDY. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall conduct a study 
and report its findings to the Secretary of Transportation 
regarding— 
(1) the identification of factors that contribute 
to construction delays of bridge rehabilitation; and 
(2) any recommendations the Comptroller Gen-
eral may have to simplify and expedite the construc-
tion of bridges that are to be rehabilitated. 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
SEC. 5. SURFACE TRANSPORTATION RESEARCH. 
Section 502(d) of title 23, United States Code, is 
amended— 
(1) in paragraph (2) in the matter preceding 
subparagraph (A) by inserting ‘‘and enhance the 
safety’’ before ‘‘of bridge structures’’; and 
(2) in paragraph (4) by striking ‘‘for use with 
existing infrastructure facilities and with next-gen-
eration infrastructure facilities’’ and inserting ‘‘for 
assessing the structural integrity of existing infra-
structure facilities and next-generation infrastruc-
ture facilities’’. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated 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 reha-
bilitation 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 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
of such title, except that such funds shall not be 
transferable and shall remain available until ex-
pended. 
(c) LIMITATION.—None of the funds appropriated 
pursuant to subsection (a) may be earmarked by Congress 
or any Federal department or agency for a specific project 
or activity. 
(d) COMPLIANCE WITH IMMIGRATION AND NATION-
ALITY ACT.—None of the funds appropriated pursuant to 
subsection (a) may be used to employ workers in violation 
of section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a). 
SEC. 7. BRIDGE ADVANCED CONDITION ASSESSMENT PILOT 
PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation 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 tech-
nologies) in monitoring and evaluating the structural 
health of a highway bridge. Technologies evaluated under 
the pilot program shall be real-time sensing technologies 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
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 regula-
tion. 
(c) ELIGIBILITY.— 
(1) SELECTION OF HIGHWAY BRIDGES.— 
(A) IN
GENERAL.—In awarding grants 
under the pilot program, the Secretary shall se-
lect not more than 15 highway bridges in not 
more than 5 States for participation in the pro-
gram. 
(B) BRIDGE
REQUIREMENTS.—The Sec-
retary may select a highway bridge under sub-
paragraph (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; 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
(ii) a nonredundant, fracture critical 
structure; and 
(iii) greater than 200 feet in length. 
(2) SELECTION AND USE OF TECHNOLOGIES.— 
(A) IN GENERAL.—The Secretary shall se-
lect no fewer than 2 types of real-time, in-serv-
ice, sensor-based, commercially-available, ad-
vanced-condition assessment technologies to be 
used in the pilot program. 
(B) DURATION OF REAL-TIME DATA COL-
LECTION.—The duration of real-time data col-
lection from each highway bridge selected for 
participation in the pilot program shall be not 
less than 1 year. 
(C) USE OF CALIBRATED FINITE ELEMENT 
ANALYSIS
MODEL.—At least one-half of the 
highway bridges selected for participation in the 
pilot program shall also be evaluated using a 
calibrated finite element analysis model of the 
bridge, based upon data from the advanced con-
dition 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. 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
(e) DURATION OF THE PILOT PROGRAM.—The Sec-
retary 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 ef-
fectiveness 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 tech-
nologies 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 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
processes, including a suggested plan for wider 
adoption based on potential highway bridge re-
pair 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 appro-
priated to carry out this section shall be available for obli-
gation in the same manner as funds apportioned under 
chapter 1 of title 23, United States Code, except that such 
funds shall not be transferable and shall remain available 
until expended. 
SEC. 8. EFFECTIVENESS OF BRIDGE RATING SYSTEM. 
(a) STUDY.—The Comptroller General shall conduct 
a study of the effectiveness of the bridge rating system 
of the Federal Highway Administration, including the use 
of the terms ‘‘structurally deficient’’ and ‘‘functionally ob-
solete’’ to describe the condition of highway bridges in the 
United States. 
(b) EVALUATION
OF STATE SYSTEMS.—In con-
ducting the study, the Comptroller General shall evaluate 
bridge rating systems used by State departments of trans-
portation and provide recommendations on how successful 
aspects of such bridge rating systems may be incorporated 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
into the bridge rating system of the Federal Highway Ad-
ministration. 
(c) REPORT.—Not later than February 1, 2009, the 
Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on the Environment and 
Public Works of the Senate a report on the results of the 
study. 
SEC. 9. USE OF CARBON FIBER COMPOSITE MATERIALS IN 
BRIDGE REPLACEMENT AND REHABILITA-
TION 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 rehabilita-
tion 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 Envi-
ronment and Public Works of the Senate a report on the 
results of the study conducted under this section. 
SEC. 10. SENSE OF CONGRESS. 
It is the sense of Congress that each State should 
prepare a corrosion mitigation and prevention plan, for a 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
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, in-
dustrial, rural, rainfall, temperature, freeze-thaw, 
and other factors that influence corrosion prevention 
and corrosion mitigation strategies. 
(3) An identification of the functional classifica-
tion of the bridge. 
(4) Details of corrosion mitigation and preven-
tion 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. 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
(7) A certification that each individual con-
ducting inspections of Federal-aid highway bridges 
in the State or States receives training from a corro-
sion expert. 
SEC. 11. FLOOD RISKS TO BRIDGES. 
(a) STUDY.—The Secretary of Transportation, in 
consultation with the States, shall conduct a study of the 
risks posed by floods to bridges on Federal-aid highways, 
bridges on other public roads, bridges on Indian reserva-
tions, 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 pas-
senger 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 Envi-
ronment and Public Works of the Senate a report on the 
results of the study. 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
SEC. 12. NATIONAL TUNNEL INSPECTION PROGRAM. 
(a) IN GENERAL.—Title 23, United States Code, is 
amended by inserting after section 149 the following: 
‘‘§ 150. National tunnel inspection program 
‘‘(a) NATIONAL TUNNEL INSPECTION STANDARDS.— 
The Secretary, in consultation with State transportation 
departments and interested and knowledgeable private or-
ganizations and individuals, shall establish national tunnel 
inspection standards for the proper safety inspection and 
evaluation of all highway tunnels. The standards estab-
lished under this subsection shall be designed to ensure 
uniformity among the States in the conduct of such in-
spections and evaluations. 
‘‘(b) MINIMUM REQUIREMENTS
FOR INSPECTION 
STANDARDS.—The standards established under sub-
section (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 be-
tween 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— 
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS
‘‘(A) written reports on the results of the 
inspections together with notations of any ac-
tion taken pursuant to the findings of the in-
spections; and 
‘‘(B) current inventory data for all high-
way tunnels located in the State reflecting the 
findings of the most recent highway tunnel in-
spections conducted; 
‘‘(5) establish procedures for national certifi-
cation of highway tunnel inspectors; 
‘‘(6) establish procedures for conducting annual 
compliance reviews of State inspections and State 
implementation of quality control and quality assur-
ance procedures; and 
‘‘(7) establish standards for State tunnel man-
agement systems to improve the tunnel inspection 
process and the quality of data collected and re-
ported 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 train-
VerDate Aug 31 2005 
02:14 Sep 24, 2008
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3999.RS
H3999
rfrederick on PROD1PC67 with BILLS