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I
116TH CONGRESS
1ST SESSION H. R. 1099
To require construction inspection functions be conducted by public employees,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 7, 2019
Mr. SERRANO (for himself, Ms. CLARKE of New York, Miss GONZA´LEZ-COLO´N
of Puerto Rico, Ms. VELA´ZQUEZ, Ms. JACKSON LEE, Mr. CARSON of In-
diana, and Mr. LYNCH) introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure
A BILL
To require construction inspection functions be conducted
by public employees, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Safety, Efficiency, and
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Accountability in Transportation Projects Through Public
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Inspection Act of 2019’’.
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SEC. 2. PUBLIC INSPECTION OF PROJECTS.
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Section 112(b) of title 23, United States Code, is
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amended—
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•HR 1099 IH
(1) in paragraph (2), by adding at the end the
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following:
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‘‘(G) CONSTRUCTION
INSPECTION
SERV-
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ICES.—
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‘‘(i) LIMITATION.—ln carrying out a
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project under this section, public employees
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shall perform construction inspection func-
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tions.
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‘‘(ii)
CONSTRUCTION
INSPECTION
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FUNCTIONS
DEFINED.—In this subpara-
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graph, the term ‘construction inspection
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functions’ includes construction engineer-
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ing, contract administration, on-site qual-
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ity control inspection, materials testing,
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and resident engineer and assistant resi-
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dent engineer functions responsible for the
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acceptance or rejection of the work.
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‘‘(iii) EXCEPTION.—If a State trans-
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portation department or other public agen-
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cy project sponsor does not have adequate
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existing or obtainable staff to perform the
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construction inspection functions, then the
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agency may utilize temporary consultant
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contracts for these services until such staff
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can be obtained.
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‘‘(iv) TIME PERIOD.—Any temporary
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contracts to provide construction inspec-
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tion services under this subparagraph shall
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not exceed the period that ends on the date
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that is 12 months after the date of con-
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tract award.’’;
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(2) in paragraph (3), by adding at the end the
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following:
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‘‘(F) CONSTRUCTION
INSPECTION
SERV-
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ICES.—Public employees shall perform the con-
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struction inspection functions on all design-
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build projects. Such inspection functions shall
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be subject to the requirements of paragraph
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(2)(G).’’; and
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(3) in paragraph (4)(A), by adding at the end
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the following:
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‘‘(v) CONSTRUCTION
INSPECTION
SERV-
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ICES.—Public employees shall perform the con-
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struction inspection functions on all projects
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that use a 2-phase contract. Such functions
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shall be subject to the requirements of para-
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graph (2)(G).’’.
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Æ
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