Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Highway 
Bridge Reconstruction and Inspection Act of 2007’’. 
SEC. 2. HIGHWAY BRIDGE PROGRAM. 
(a) BRIDGES ON FEDERAL-AID HIGHWAYS.— 
(1) RISK-BASED PRIORITIZATION FOR REPLACE-
MENT
AND
REHABILITATION
OF
DEFICIENT 
BRIDGES.—Section 144(b) of title 23, United States 
Code, is amended to read as follows: 
‘‘(b) BRIDGES ON FEDERAL-AID HIGHWAYS.—The 
Secretary, in consultation with the States, shall— 
‘‘(1) inventory all bridges on Federal-aid high-
ways that are bridges over waterways, other topo-
graphical barriers, other highways, and railroads; 
‘‘(2) identify each bridge inventoried under 
paragraph (1) that is structurally deficient or func-
tionally obsolete; 
‘‘(3) assign a risk-based priority for replace-
ment or rehabilitation of each such bridge after con-
sideration of safety, serviceability, and essentiality 
for public use, including the potential impacts to re-
gional and national freight and passenger mobility if 
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the serviceability of the bridge is restricted or dimin-
ished; and 
‘‘(4) determine the cost of replacing each such 
bridge with a comparable facility or of rehabilitating 
such bridge.’’. 
(2) PROCESS FOR ASSIGNING RISK-BASED PRI-
ORITIES.— 
(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 as-
signing risk-based priorities under section 
144(b)(3) 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 Com-
mittee on Transportation and Infrastructure of 
the House of Representatives and the Com-
mittee on Environment and Public Works of the 
Senate a report containing a description of the 
process for assigning risk-based priorities estab-
lished under subparagraph (A). 
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(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 ap-
propriate arrangements with the National 
Academy of Sciences to permit the Acad-
emy to conduct an independent review of 
the process for assigning risk-based prior-
ities 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 re-
port on the results of the review to the 
Secretary, the Committee on Transpor-
tation and Infrastructure of the House of 
Representatives, and the Committee on 
Environment and Public Works of the Sen-
ate. 
(iii) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to carry out this subparagraph 
$2,000,000 for fiscal year 2008. Such 
sums shall remain available until expended. 
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(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
PARTICIPA-
TION.— 
‘‘(A) IN
GENERAL.—As a condition for 
providing assistance to a State under this sec-
tion, the Secretary shall require the State— 
‘‘(i) not later than 2 years after the 
date of enactment of this paragraph, and 
at least once every 2 years thereafter (ex-
cept as otherwise provided by section 
151(d)), to inspect all highway bridges de-
scribed 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) not later than 2 years after the 
date of enactment of this paragraph, and 
at least once every 2 years thereafter, to 
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calculate the load rating for highway 
bridges located in the State that have a 
structural deficiency in a load-carrying 
member and ensure that the safe load-car-
rying capacities for such bridges are prop-
erly posted; 
‘‘(iii) to establish, not later than 2 
years after the date of enactment of this 
paragraph, and update annually, 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 re-
placement of any of such bridges that 
are structurally deficient or function-
ally obsolete; and 
‘‘(iv) to establish and implement a 
bridge management system that complies 
with the standards established for such 
systems under section 151. 
‘‘(B) 
APPROVAL
OF
PERFORMANCE 
PLANS.— 
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‘‘(i) 
SUBMISSION
TO
THE
SEC-
RETARY.—A State that establishes a 5- 
year performance plan under subparagraph 
(A)(iii) shall submit the plan and each up-
date of the plan to the Secretary for ap-
proval. 
‘‘(ii) APPROVAL AND DISAPPROVAL.— 
The Secretary shall approve or disapprove 
each 5-year performance plan and update 
submitted by a State under this subpara-
graph. 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 Sec-
retary shall annually revise, as necessary, the infor-
mation required under subsections (b) and (c). 
‘‘(2) REPORTS
TO
CONGRESS.—Concurrently 
with the President’s annual budget submission to 
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Congress under section 1105(a) of title 31, the Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works of the Senate a report containing— 
‘‘(A) a description of projects and activities 
approved under this section; 
‘‘(B) the information updated under para-
graph (1), including a description of the pri-
ority 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 activ-
ity 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); and 
‘‘(D) such recommendations as the Sec-
retary may have for improvements of the pro-
gram authorized by this section.’’. 
(e) FLEXIBLE FUNDING.—Section 144 of such title 
is amended by inserting after subsection (r) (as redesig-
nated by subsection (g)(1)(G) of this section) the fol-
lowing: 
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‘‘(s) FLEXIBLE 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 satis-
faction of the Secretary that the State has no structurally 
deficient bridges on Federal-aid highways located in the 
State.’’. 
(f) DEFINITIONS.—Section 144 of such title is fur-
ther 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 align-
ment, 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 dete-
rioration or damage, or both; or 
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‘‘(B) a waterway opening that is insuffi-
cient to the point of causing significant traffic 
interruptions. 
‘‘(3) REHABILITATION.—The term ‘rehabilita-
tion’ 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 traf-
fic of the facility over its design life.’’. 
(g) TECHNICAL AMENDMENTS.— 
(1) IN GENERAL.—Section 144 of such title is 
amended— 
(A) in the section heading by striking ‘‘re-
placement and rehabilitation’’; 
(B) in subsections (c)(1) and (e) by strik-
ing ‘‘Federal-aid system’’ each place it appears 
and inserting ‘‘Federal-aid highway’’; 
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(C) in subsections (c)(2) and (o) by strik-
ing ‘‘the Federal-aid system’’ each place it ap-
pears and inserting ‘‘Federal-aid highways’’; 
(D) in the heading to paragraph (4) of 
subsection (d) by inserting ‘‘SYSTEMATIC’’ be-
fore ‘‘PREVENTIVE’’; 
(E) in subsection (e) by striking ‘‘off-sys-
tem bridges’’ each place it appears and insert-
ing ‘‘bridges not on Federal-aid highways’’; 
(F) by striking subsection (f); 
(G) 
by 
redesignating 
subsections 
(g) 
through (s) as subsections (f) through (r), re-
spectively; 
(H) in paragraph (1)(A)(vi) of subsection 
(f) (as redesignated by subparagraph (G) of 
this paragraph) by inserting ‘‘, except that any 
unobligated funds remaining upon completion of 
the project under this clause shall be trans-
ferred to and used to carry out the project de-
scribed in clause (vii)’’ after ‘‘Vermont’’; 
(I) in paragraph (2) of subsection (f) (as 
redesignated by subparagraph (G) of this para-
graph) by striking the paragraph heading and 
inserting ‘‘BRIDGES
NOT
ON
FEDERAL-AID 
HIGHWAYS’’; 
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(J) in subsection (m) (as redesignated by 
subparagraph (G) of this paragraph) by strik-
ing the subsection heading and inserting ‘‘PRO-
GRAM
FOR BRIDGES NOT
ON FEDERAL-AID 
HIGHWAYS’’; and 
(K) in paragraph (4)(B) of subsection (n) 
(as redesignated by subparagraph (G) of this 
paragraph) by striking ‘‘State highway agency’’ 
and inserting ‘‘State transportation depart-
ment’’. 
(2) CONFORMING AMENDMENTS.— 
(A) METROPOLITAN
PLANNING.—Section 
104(f)(1) of such title is amended by striking 
‘‘replacement and rehabilitation’’. 
(B) 
EQUITY
BONUS
PROGRAM.—Sub-
sections (a)(2)(C) and (b)(2)(C) of section 105 
of such title are amended by striking ‘‘replace-
ment and rehabilitation’’ each place it appears. 
(C) ANALYSIS.—The analysis for chapter 1 
of such title is amended in the item relating to 
section 144 by striking ‘‘replacement and reha-
bilitation’’. 
(h) NATIONAL BRIDGE INVENTORY.—Not later than 
one year after the date of enactment of this Act, the Sec-
retary shall take necessary actions to make information 
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contained in the national bridge inventory established 
under section 144 of title 23, United States Code, more 
readily available to the public. 
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 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
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 con-
trol and quality assurance procedures, load ratings, 
and weight limit postings of structurally deficient 
highway bridges; and 
‘‘(7) establish standards for State bridge man-
agement systems to improve the bridge inspection 
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process and the quality of data collected and re-
ported by the States to the Secretary for inclusion 
in the national bridge inventory.’’. 
(c) 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 
scope of the training program to ensure that all persons 
conducting highway bridge inspections receive appropriate 
training and certification under the program.’’. 
(d) 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; 
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‘‘(B) annual hands-on 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 
‘‘(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 4 years, 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.’’. 
(e) QUALIFICATIONS OF PROGRAM MANAGERS AND 
TEAM LEADERS.— 
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(1) REVISION
OF
REGULATIONS.—Not later 
than one year after the date of enactment of this 
Act, the Secretary of Transportation shall revise reg-
ulations contained in section 650.309 of title 23, 
Code of Federal Regulations, relating to the quali-
fications of State highway bridge inspection per-
sonnel, 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; and 
(B) an individual serving as a team leader 
for a State be a professional engineer licensed 
under the laws of that State or have at least 10 
years of bridge inspection experience. 
(2) APPLICABILITY.—The additional qualifica-
tion requirements specified in paragraphs (1)(A) and 
(1)(B) 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 regula-
tions under paragraph (1). 
(f) EFFECTIVE DATE.—Not later than one year after 
the date of enactment of this Act, the Secretary shall mod-
ify national bridge inspection standards and modify the 
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training program for bridge inspectors in accordance with 
the amendments made by this section. 
SEC. 4. SURFACE TRANSPORTATION RESEARCH. 
Section 502(d)(2) of title 23, United States Code, is 
amended— 
(1) in the matter preceding subparagraph (A) 
by inserting ‘‘and enhance the safety’’ before ‘‘of 
bridge structures’’; and 
(2) in subparagraph (B) by inserting before the 
semicolon the following: ‘‘, including nondestructive 
tests to assess the structural integrity of facilities’’. 
SEC. 5. 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 each of fiscal years 2008 and 
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 
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(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 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. 
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Union Calendar No. 476 
110TH CONGRESS 
2D SESSION 
H. R. 3999 
[Report No. 110–750] 
A BILL 
To amend title 23, United States Code, to improve 
the safety of Federal-aid highway bridges, to 
strengthen bridge inspection standards and proc-
esses, to increase investment in the reconstruc-
tion of structurally deficient bridges on the Na-
tional Highway System, and for other purposes. 
JULY 10, 2008 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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