H.R. 3963: Public Inspectors for Safe Infrastructure Act
Sponsor
John Garamendi
Democrat · CA-8
Highway inspections pushed back in-house
Why it matters
Introduced on 2025-06-12, H.R. 3963 would immediately tighten who can inspect federally tied highway work by requiring government employees to do the job in most cases and limiting private consultant use to short-term gaps.
H.R. 3963, the Public Inspectors for Safe Infrastructure Act, amends section 112(b) of title 23 of the United States Code to require that "construction inspection functions" on certain highway contracts be performed by a "public employee." The bill applies to projects subject to subsection (a), and it specifically says that includes design-build projects under paragraph 3 and projects using a 2-phase contract under paragraph 4. In plain terms, the default rule is that inspection work on these covered highway projects must be done by employees of the Federal Government, a State government, or a local government.
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.
Government employees required for covered highway inspections
The bill amends section 112(b) of title 23, United States Code, to require State transportation departments and local transportation agencies to have a "public employee" perform construction inspection functions on projects subject to subsection (a). It specifically includes design-build projects under paragraph 3 and 2-phase contracts under paragraph 4.
Private consultant exception capped at 12 months
A State transportation department or local transportation agency may use a temporary consultant contract only when it does not have "adequate existing or obtainable staff" to perform the required inspection functions. Any such temporary contract may not exceed 12 months from the date the contract is awarded.
Annual reporting required at least once each fiscal year
If an agency uses the consultant exception, it must submit a report to the Secretary of Transportation at least once each fiscal year. The report must describe all construction inspection functions provided through temporary consultant contracts and give a detailed justification for the need for each exception.
Public posting of exception reports online
The Secretary of Transportation must make the submitted reports available to the public on the Department's website. That means every fiscal-year report on consultant use becomes publicly accessible rather than staying inside the agency.
Inspection work defined broadly
The bill defines "construction inspection function" to include construction engineering, contract administration, on-site quality control inspection, materials testing, and the work of a resident engineer or assistant resident engineer responsible for the acceptance or rejection of a covered project. This broad definition reaches both field inspection and decision-making roles.
Public employee definition covers all 3 government levels
The bill defines a "public employee" as an employee of the Federal Government, a State government, or a local government. By naming all 3 levels of government, it makes clear that inspection work does not have to be done only by state employees.
Who benefits from H.R. 3963?
Federal, state, and local government inspectors
These workers gain a stronger legal role because H.R. 3963 says a "public employee" must perform construction inspection functions on covered highway projects. The definition explicitly includes employees of the Federal Government, a State government, and a local government.
Taxpayers and local communities using public roads
They could benefit from more direct public accountability because inspection work like on-site quality control inspection, materials testing, and acceptance or rejection decisions would generally stay with government staff rather than outside firms. They also gain access to exception reports posted publicly on the Department's website at least once each fiscal year.
Watchdog groups and journalists
They get a new transparency tool because any agency using temporary consultant contracts must file reports to the Secretary of Transportation at least once each fiscal year, and those reports must be made public online. The reports must include both a description of all outsourced inspection functions and a detailed justification for each exception.
Public-sector transportation agencies that already staff inspections in-house
Agencies that already rely on government employees may face less competitive pressure from agencies that routinely outsource. The bill sets the same baseline rule nationwide for covered projects and limits consultant contracts to no more than 12 months.
Who is affected by H.R. 3963?
State transportation departments
They would have to ensure that a public employee performs construction inspection functions for covered projects, including design-build projects under paragraph 3 and 2-phase contracts under paragraph 4. If they use consultants because they lack "adequate existing or obtainable staff," they must report that use at least once each fiscal year.
Local transportation agencies
They face the same core requirement as state departments: use public employees for covered construction inspection functions unless they qualify for the staffing exception. Any temporary consultant contract they use cannot exceed 12 months from award.
Private engineering and inspection consultants
Their role would narrow because they could be used only through temporary consultant contracts when a public agency lacks enough staff. Even then, the contract term is limited to 12 months, and every use must be described and justified in a report to the Secretary of Transportation.
Department of Transportation leadership
The Secretary of Transportation would take on a new oversight duty by receiving reports at least once each fiscal year from agencies using the exception and making those reports available to the public on the Department's website.
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
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
How long can a state use private consultants for highway inspection work under H.R. 3963?
No more than 12 months from the contract award date under the Public Inspectors for Safe Infrastructure Act (SEC. 2).
Can private consultants still inspect federally funded highway projects under the Public Inspectors for Safe Infrastructure Act?
Yes, but only temporarily if a State or local agency lacks adequate existing or obtainable staff, according to H.R. 3963 SEC. 2.
What are construction inspection functions under the Public Inspectors for Safe Infrastructure Act?
They include construction engineering, contract administration, on-site quality control inspection, materials testing, and resident engineer or assistant resident engineer acceptance or rejection duties under SEC. 2.
Does H.R. 3963 apply to design-build highway projects?
Yes. The bill expressly covers design-build projects subject to section 112(b)(3) under H.R. 3963 SEC. 2.
Does the Public Inspectors for Safe Infrastructure Act cover 2-phase highway contracts?
Yes. It specifically includes projects using a 2-phase contract under paragraph 4, according to the Public Inspectors for Safe Infrastructure Act (SEC. 2).
Which government employees can perform highway construction inspections under H.R. 3963?
Federal, State, and local government employees all qualify as "public employees" under H.R. 3963 SEC. 2.
Can a local transportation agency use its own employees for federally funded highway inspections under this bill?
Yes. A local government employee counts as a public employee under the Public Inspectors for Safe Infrastructure Act (SEC. 2).
How often would agencies have to report consultant use for highway inspections under H.R. 3963?
At least once each fiscal year, agencies using the consultant exception must report to the Secretary of Transportation under H.R. 3963 SEC. 2.
Are highway inspection consultant reports required to be posted online under H.R. 3963?
Yes. The Secretary of Transportation must make those reports public on the Department of Transportation website under H.R. 3963 SEC. 2.
What has to be included in a consultant exception report under the Public Inspectors for Safe Infrastructure Act?
The report must describe all inspection functions done by temporary consultants and give a detailed justification for each exception under SEC. 2.
Based on H.R. 3963 bill text
Full Bill Text
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