H.R. 3963: Public Inspectors for Safe Infrastructure Act
Sponsor
John Garamendi
Democrat · CA-8
Public employees, not contractors, should inspect your highways
Why it matters
Every federally funded highway job has someone testing the concrete, checking the work, and signing off that it's done right. H.R. 3963 says that person should work for a government agency, not a private firm hired by one. Outside consultants would be allowed only as a stopgap, on contracts capped at 12 months, with every use reported and posted online.
H.R. 3963 would require that a federal, state, or local government employee do the construction inspection on federally funded highway projects. Private consultants could fill in only when an agency can't staff the work, and only temporarily.
The rule reaches more than a final walk-through. Inspection covers construction engineering, contract administration, on-site quality control, materials testing, and the resident engineer who decides whether a finished project is accepted or rejected. It applies to conventional contracts and to design-build and two-phase contracts, where one team handles both design and construction.
The exception is narrow. A state transportation department or local agency can hire a consultant only if it lacks "adequate existing or obtainable staff," and each consultant contract ends 12 months after it's awarded. The bill frames this as a bridge until the agency has its own people in place.
Any agency that uses the exception has to report to the Transportation Secretary at least once a year, describing every outsourced inspection job and justifying each one, and those reports go up on the Department of Transportation website. That gives the public, journalists, and legislators a running record of which agencies lean on contractors and why.
The bill doesn't include any funding. Agencies that rely heavily on consultants today would need to hire or train inspectors out of their existing budgets.
Bill Progress
Latest Action · Jun 13, 2025
Assigned to Subcommittee on Highways and Transit. for review
H.R. 3963 Bill Summary
What H.R. 3963 actually does.
Your highway inspector works for the public
On federally funded highway projects, state transportation departments and local transportation agencies must ensure a public employee performs construction inspection. That includes design-build and two-phase contracts, not just traditional bid-build jobs.
Consultants only when staff can't be found
An agency may use temporary consultant contracts only if it doesn't have "adequate existing or obtainable staff" for the inspection work, and only until it does.
Every consultant contract ends in 12 months
Any temporary inspection contract can run no longer than 12 months from the date it's awarded.
Agencies must justify each outside hire
At least once each fiscal year, any agency using the exception must report to the Secretary of Transportation, describing every inspection function handled by consultants and giving a detailed justification for each one.
Reports are posted for anyone to read
The Secretary must publish those reports on the Department of Transportation website.
Inspection means the whole job, including sign-off
Covered work includes construction engineering, contract administration, on-site quality control inspection, materials testing, and the resident engineer or assistant resident engineer responsible for accepting or rejecting the project. Federal, state, and local employees all count as public employees.
Who benefits from H.R. 3963?
Drivers, commuters, and anyone crossing a federally funded bridge or road
The person certifying the work would generally answer to a public agency rather than a firm under contract, and the public could see where outsourcing still happens.
Government engineers and inspectors
Public-sector inspection jobs at state DOTs and local agencies would become the legal default, with outside firms limited to short-term fill-in contracts.
Journalists, watchdogs, and state legislators
Annual reports posted by the Department of Transportation would show which agencies outsource inspection, what work they hand off, and the reasons they give.
Who is affected by H.R. 3963?
State transportation departments
Departments that rely on consultants for inspection would need to hire or train staff, justify each exception in an annual report, and keep consultant contracts to 12 months or less.
Local transportation agencies
Cities and counties that run federally funded road projects face the same public-employee requirement and reporting duty. Smaller agencies with thin engineering staff are the most likely to need the exception.
Private engineering and inspection firms
Firms that provide construction inspection on federal-aid highway work would be limited to temporary contracts of up to 12 months, and only where an agency can show it lacks staff.
U.S. Department of Transportation
The Secretary would collect the annual exception reports and post them publicly.
HR3963 Legislative Journey
House: Committee Action
Jun 13, 2025
Referred to the Subcommittee on Highways and Transit.
House: Committee Action
Jun 12, 2025
Referred to the House Committee on Transportation and Infrastructure.
About the Sponsor
John Garamendi
Democrat, California's 8th congressional district · 17 years in Congress
Committees: Armed Services, Transportation and Infrastructure
View full profile →
Cosponsors (4)
All 4 cosponsors are Democrats. Cosponsors represent 3 states: California, Massachusetts, Michigan.
Committee Sponsors
Transportation and Infrastructure Committee
1 of 67 committee members cosponsored
30 Democrats across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 3963 Quick Facts
- Committee
- Transportation and Infrastructure
- Chamber
- House
- Policy
- Transportation and Public Works
- Introduced
- Jun 12, 2025
Assigned to Subcommittee on Highways and Transit. for review
Jun 13, 2025
Official Sources
Official congressional page for H.R. 3963, with bill text, cosponsors, and committee actions.
The federal-aid highway contracting law H.R. 3963 would amend, including the design-build and 2-phase contract provisions its inspection rule covers.
Federal Highway Administration guidance on how states procure and manage engineering consultants, including construction inspection, on federal-aid projects today.
FHWA program page on agency acceptance, materials testing, and quality control on federal-aid highway construction, the inspection work the bill assigns to public employees.
FHWA overview of design-build contracting on federal-aid highways, one of the delivery methods H.R. 3963 expressly covers.
The sponsor’s floor statement introducing the bill on June 12, 2025.
The Transportation and Infrastructure subcommittee where H.R. 3963 was referred and awaits action.
Who is lobbying on H.R. 3963?
1 organization lobbying on this bill
PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT | 5 |
Showing 1-1 of 1 organizations
H.R. 3963 Common Questions
What does the Public Inspectors for Safe Infrastructure Act do?
It requires that a federal, state, or local government employee perform construction inspection on federally funded highway projects. Private consultants are allowed only temporarily, when an agency lacks staff.
Can states still hire private consultants to inspect highway projects under H.R. 3963?
Yes, but only when the agency doesn't have "adequate existing or obtainable staff," and only until it does. Each consultant contract can last no more than 12 months from the date it's awarded.
What counts as construction inspection under H.R. 3963?
Construction engineering, contract administration, on-site quality control, materials testing, and the resident engineer who accepts or rejects the finished project.
Does H.R. 3963 cover design-build highway projects?
Yes. The public-employee rule applies to design-build and two-phase contracts as well as traditional contracts on federally funded highway projects.
Can a city or county use its own engineers to inspect federally funded road work?
Yes. The bill counts federal, state, and local government employees as public employees, so county or city inspectors meet the requirement.
Will the public be able to see when states outsource highway inspection?
Yes. Agencies using consultants must report to the Secretary of Transportation at least once a year, describing and justifying each exception, and the Department must post those reports online.
Does H.R. 3963 include funding to hire more inspectors?
No. The bill authorizes no new money, so agencies that rely on consultants today would need to cover new inspection staff from existing budgets.
What is the status of H.R. 3963?
Rep. John Garamendi (D-CA) introduced it on June 12, 2025, with four Democratic cosponsors. It was referred to the House Subcommittee on Highways and Transit the next day and hasn't had a vote.
Based on H.R. 3963 bill text
Full Bill Text
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