[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1817 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1817
To amend title 23, United States Code, to establish a competitive grant
program to repair, improve, rehabilitate, or replace bridges to improve
the safety, efficiency, and reliability of the movement of people and
freight over bridge crossings, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2021
Mr. Brown (for himself, Mr. Inhofe, Mr. Whitehouse, Mr. Wicker, Mr.
Wyden, Mr. Portman, Mr. Van Hollen, Mr. Boozman, Mr. Markey, Mrs. Hyde-
Smith, Ms. Stabenow, Mr. Hagerty, Mrs. Murray, and Mr. Casey)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to establish a competitive grant
program to repair, improve, rehabilitate, or replace bridges to improve
the safety, efficiency, and reliability of the movement of people and
freight over bridge crossings, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bridge Investment Act of 2021''.
SEC. 2. BRIDGE INVESTMENT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 123 the following:
``Sec. 124. Bridge investment program
``(a) Definitions.--In this section:
``(1) Eligible project.--
``(A) In general.--The term `eligible project'
means a project to replace, rehabilitate, preserve, or
protect 1 or more bridges on the National Bridge
Inventory under section 144(b).
``(B) Inclusions.--The term `eligible project'
includes--
``(i) a bundle of projects described in
subparagraph (A), regardless of whether the
bundle of projects meets the requirements of
section 144(j)(5); and
``(ii) a project to replace or rehabilitate
culverts for the purpose of improving flood
control and improved habitat connectivity for
aquatic species.
``(2) Large project.--The term `large project' means an
eligible project with total eligible project costs of greater
than $100,000,000.
``(3) Program.--The term `program' means the bridge
investment program established by subsection (b)(1).
``(b) Establishment of Bridge Investment Program.--
``(1) In general.--There is established a bridge investment
program to provide financial assistance for eligible projects
under this section.
``(2) Goals.--The goals of the program shall be--
``(A) to improve the safety, efficiency, and
reliability of the movement of people and freight over
bridges;
``(B) to improve the condition of bridges in the
United States by reducing--
``(i) the number of bridges--
``(I) in poor condition; or
``(II) in fair condition and at
risk of falling into poor condition
within the next 3 years;
``(ii) the total person miles traveled over
bridges--
``(I) in poor condition; or
``(II) in fair condition and at
risk of falling into poor condition
within the next 3 years;
``(iii) the number of bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network; and
``(iv) the total person miles traveled over
bridges that--
``(I) do not meet current geometric
design standards; or
``(II) cannot meet the load and
traffic requirements typical of the
regional transportation network; and
``(C) to provide financial assistance that
leverages and encourages non-Federal contributions from
sponsors and stakeholders involved in the planning,
design, and construction of eligible projects.
``(c) Grant Authority.--
``(1) In general.--In carrying out the program, the
Secretary may award grants, on a competitive basis, in
accordance with this section.
``(2) Grant amounts.--Except as otherwise provided, a grant
under the program shall be--
``(A) in the case of a large project, in an amount
that is--
``(i) adequate to fully fund the project
(in combination with other financial resources
identified in the application); and
``(ii) not less than $50,000,000; and
``(B) in the case of any other eligible project, in
an amount that is--
``(i) adequate to fully fund the project
(in combination with other financial resources
identified in the application); and
``(ii) not less than $2,500,000.
``(3) Maximum amount.--Except as otherwise provided, for an
eligible project receiving assistance under the program, the
amount of assistance provided by the Secretary under this
section, as a share of eligible project costs, shall be--
``(A) in the case of a large project, not more than
50 percent; and
``(B) in the case of any other eligible project,
not more than 80 percent.
``(4) Federal share.--
``(A) Maximum federal involvement.--Federal
assistance other than a grant under the program may be
used to satisfy the non-Federal share of the cost of a
project for which a grant is made, except that the
total Federal assistance provided for a project
receiving a grant under the program may not exceed the
Federal share for the project under section 120.
``(B) Off-system bridges.--In the case of an
eligible project for an off-system bridge (as defined
in section 133(f)(1))--
``(i) Federal assistance other than a grant
under the program may be used to satisfy the
non-Federal share of the cost of a project; and
``(ii) notwithstanding subparagraph (A),
the total Federal assistance provided for the
project shall not exceed 90 percent of the
total eligible project costs.
``(C) Federal land management agencies and tribal
governments.--Notwithstanding any other provision of
law, Federal funds other than Federal funds made
available under this section may be used to pay the
remaining share of the cost of a project under the
program by a Federal land management agency or a Tribal
government or consortium of Tribal governments.
``(5) Considerations.--
``(A) In general.--In awarding grants under the
program, the Secretary shall consider--
``(i) in the case of a large project, the
ratings assigned under subsection (g)(5)(A);
``(ii) in the case of an eligible project
other than a large project, the quality rating
assigned under subsection (f)(3)(A)(ii);
``(iii) the average daily person and
freight throughput supported by the eligible
project;
``(iv) the number and percentage of bridges
within the same State as the eligible project
that are in poor condition;
``(v) the extent to which the eligible
project demonstrates cost savings by bundling
multiple bridge projects;
``(vi) in the case of an eligible project
of a Federal land management agency, the extent
to which the grant would reduce a Federal
liability or Federal infrastructure maintenance
backlog;
``(vii) geographic diversity among grant
recipients, including the need for a balance
between the needs of rural and urban
communities; and
``(viii) the extent to which a bridge that
would be assisted with a grant--
``(I) is, without that assistance--
``(aa) at risk of falling
into or remaining in poor
condition; or
``(bb) in fair condition
and at risk of falling into
poor condition within the next
3 years;
``(II) does not meet current
geometric design standards based on--
``(aa) the current use of
the bridge; or
``(bb) load and traffic
requirements typical of the
regional corridor or local
network in which the bridge is
located; or
``(III) does not meet current
seismic design standards.
``(B) Requirement.--The Secretary shall--
``(i) give priority to an application for
an eligible project that is located within a
State for which--
``(I) 2 or more applications for
eligible projects within the State were
submitted for the current fiscal year
and an average of 2 or more
applications for eligible projects
within the State were submitted in
prior fiscal years of the program; and
``(II) fewer than 2 grants have
been awarded for eligible projects
within the State under the program;
``(ii) during the period of fiscal years
2022 through 2026, for each State described in
clause (i), select--
``(I) not fewer than 1 large
project that the Secretary determines
is justified under the evaluation under
subsection (g)(4); or
``(II) 2 eligible projects that are
not large projects that the Secretary
determines are justified under the
evaluation under subsection (f)(3); and
``(iii) not be required to award a grant
for an eligible project that the Secretary does
not determine is justified under an evaluation
under subsection (f)(3) or (g)(4).
``(6) Culvert limitation.--Not more than 5 percent of the
amounts made available for each fiscal year for grants under
the program may be used for eligible projects that consist
solely of culvert replacement or rehabilitation.
``(d) Eligible Entity.--The Secretary may make a grant under the
program to any of the following:
``(1) A State or a group of States.
``(2) A metropolitan planning organization that serves an
urbanized area (as designated by the Bureau of the Census) with
a population of over 200,000.
``(3) A unit of local government or a group of local
governments.
``(4) A political subdivision of a State or local
government.
``(5) A special purpose district or public authority with a
transportation function.
``(6) A Federal land management agency.
``(7) A Tribal government or a consortium of Tribal
governments.
``(8) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (7).
``(e) Eligible Project Requirements.--The Secretary may make a
grant under the program only to an eligible entity for an eligible
project that--
``(1) in the case of a large project, the Secretary
recommends for funding in the annual report on funding
recommendations under subsection (g)(6);
``(2) is reasonably expected to begin construction not
later than 18 months after the date on which funds are
obligated for the project; and
``(3) is based on the results of preliminary engineering.
``(f) Competitive Process and Evaluation of Eligible Projects Other
Than Large Projects.--
``(1) Competitive process.--
``(A) In general.--The Secretary shall--
``(i) for the first fiscal year for which
funds are made available for obligation under
the program, not later than 60 days after the
date on which the template under subparagraph
(B)(i) is developed, and in subsequent fiscal
years, not later than 60 days after the date on
which amounts are made available for obligation
under the program, solicit grant applications
for eligible projects other than large
projects; and
``(ii) not later than 120 days after the
date on which the solicitation under clause (i)
expires, conduct evaluations under paragraph
(3).
``(B) Requirements.--In carrying out subparagraph
(A), the Secretary shall--
``(i) develop a template for applicants to
use to summarize project needs and benefits,
including benefits described in paragraph
(3)(B)(i); and
``(ii) enable applicants to use data from
the National Bridge Inventory under section
144(b) to populate templates described in
clause (i), as applicable.
``(2) Applications.--An eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Evaluation.--
``(A) In general.--Prior to providing a grant under
this subsection, the Secretary shall--
``(i) conduct an evaluation of each
eligible project for which an application is
received under this subsection; and
``(ii) assign a quality rating to the
eligible project on the basis of the evaluation
under clause (i).
``(B) Requirements.--In carrying out an evaluation
under subparagraph (A), the Secretary shall--
``(i) consider information on project
benefits submitted by the applicant using the
template developed under paragraph (1)(B)(i),
including whether the project will generate, as
determined by the Secretary--
``(I) costs avoided by the
prevention of closure or reduced use of
the bridge to be improved by the
project;
``(II) in the case of a bundle of
projects, benefits from executing the
projects as a bundle compared to as
individual projects;
``(III) safety benefits, including
the reduction of accidents and related
costs;
``(IV) person and freight mobility
benefits, including congestion
reduction and reliability improvements;
``(V) national or regional economic
benefits;
``(VI) benefits from long-term
resiliency to extreme weather events,
flooding, or other natural disasters;
``(VII) benefits from protection
(as described in section 133(b)(9)),
including improving seismic or scour
protection;
``(VIII) environmental benefits,
including wildlife connectivity;
``(IX) benefits to nonvehicular and
public transportation users;
``(X) benefits of using--
``(aa) innovative design
and construction techniques; or
``(bb) innovative
technologies; or
``(XI) reductions in maintenance
costs, including, in the case of a
federally-owned bridge, cost savings to
the Federal budget; and
``(ii) consider whether and the extent to
which the benefits, including the benefits
described in clause (i), are more likely than
not to outweigh the total project costs.
``(g) Competitive Process, Evaluation, and Annual Report for Large
Projects.--
``(1) In general.--The Secretary shall establish an annual
date by which an eligible entity submitting an application for
a large project shall submit to the Secretary such information
as the Secretary may require, including information described
in paragraph (2), in order for a large project to be considered
for a recommendation by the Secretary for funding in the next
annual report under paragraph (6).
``(2) Information required.--The information referred to in
paragraph (1) includes--
``(A) all necessary information required for the
Secretary to evaluate the large project; and
``(B) information sufficient for the Secretary to
determine that--
``(i) the large project meets the
applicable requirements under this section; and
``(ii) there is a reasonable likelihood
that the large project will continue to meet
the requirements under this section.
``(3) Determination; notice.--On making a determination
that information submitted to the Secretary under paragraph (1)
is sufficient, the Secretary shall provide a written notice of
that determination to--
``(A) the eligible entity that submitted the
application;
``(B) the Committee on Environment and Public Works
of the Senate; and
``(C) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(4) Evaluation.--The Secretary may recommend a large
project for funding in the annual report under paragraph (6)
only if the Secretary evaluates the proposed project and
determines that the project is justified because the project--
``(A) addresses a need to improve the condition of
the bridge, as determined by the Secretary, consistent
with the goals of the program under subsection (b)(2);
``(B) will generate, as determined by the
Secretary--
``(i) costs avoided by the prevention of
closure or reduced use of the bridge to be
improved by the project;
``(ii) in the case of a bundle of projects,
benefits from executing the projects as a
bundle compared to as individual projects;
``(iii) safety benefits, including the
reduction of accidents and related costs;
``(iv) person and freight mobility
benefits, including congestion reduction and
reliability improvements;
``(v) national or regional economic
benefits;
``(vi) benefits from long-term resiliency
to extreme weather events, flooding, or other
natural disasters;
``(vii) benefits from protection (as
described in section 133(b)(9)), including
improving seismic or scour protection;
``(viii) environmental benefits, including
wildlife connectivity;
``(ix) benefits to nonvehicular and public
transportation users;
``(x) benefits of using--
``(I) innovative design and
construction techniques; or
``(II) innovative technologies; or
``(xi) reductions in maintenance costs,
including, in the case of a federally-owned
bridge, cost savings to the Federal budget;
``(C) is cost effective based on an analysis of
whether the benefits and avoided costs described in
subparagraph (B) are expected to outweigh the project
costs;
``(D) is supported by other Federal or non-Federal
financial commitments or revenues adequate to fund
ongoing maintenance and preservation; and
``(E) is consistent with the objectives of an
applicable asset management plan of the project
sponsor, including a State asset management plan under
section 119(e) in the case of a project on the National
Highway System that is sponsored by a State.
``(5) Ratings.--
``(A) In general.--The Secretary shall develop a
methodology to evaluate and rate a large project on a
5-point scale (the points of which include `high',
`medium-high', `medium', `medium-low', and `low') for
each of--
``(i) paragraph (4)(B);
``(ii) paragraph (4)(C); and
``(iii) paragraph (4)(D).
``(B) Requirement.--To be considered justified and
receive a recommendation for funding in the annual
report under paragraph (6), a project shall receive a
rating of not less than `medium' for each rating
required under subparagraph (A).
``(6) Annual report on funding recommendations for large
projects.--
``(A) In general.--Not later than the first Monday
in February of each year, the Secretary shall submit to
the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and
Appropriations of the Senate a report that includes--
``(i) a list of large projects that have
requested a recommendation for funding under a
new grant agreement from funds anticipated to
be available to carry out this subsection in
the next fiscal year;
``(ii) the evaluation under paragraph (4)
and ratings under paragraph (5) for each
project referred to in clause (i);
``(iii) the grant amounts that the
Secretary recommends providing to large
projects in the next fiscal year, including--
``(I) scheduled payments under
previously signed multiyear grant
agreements under subsection (j);
``(II) payments for new grant
agreements, including single-year grant
agreements and multiyear grant
agreements; and
``(III) a description of how
amounts anticipated to be available for
the program from the Highway Trust Fund
for that fiscal year will be
distributed; and
``(iv) for each project for which the
Secretary recommends a new multiyear grant
agreement under subsection (j), the proposed
payout schedule for the project.
``(B) Limitations.--
``(i) In general.--The Secretary shall not
recommend in an annual report under this
paragraph a new multiyear grant agreement
provided from funds from the Highway Trust Fund
unless the Secretary determines that the
project can be completed using funds that are
anticipated to be available from the Highway
Trust Fund in future fiscal years.
``(ii) General fund projects.--The
Secretary--
``(I) may recommend for funding in
an annual report under this paragraph a
large project using funds from the
general fund of the Treasury; but
``(II) shall not execute a grant
agreement for that project unless--
``(aa) funds other than
from the Highway Trust Fund
have been made available for
the project; and
``(bb) the Secretary
determines that the project can
be completed using funds other
than from the Highway Trust
Fund that are anticipated to be
available in future fiscal
years.
``(C) Considerations.--In selecting projects to
recommend for funding in the annual report under this
paragraph, the Secretary shall--
``(i) consider the amount of funds
available in future fiscal years for multiyear
grant agreements as described in subparagraph
(B); and
``(ii) assume the availability of funds in
future fiscal years for multiyear grant
agreements that extend beyond the period of
authorization based on the amount made
available for large projects under the program
in the last fiscal year of the period of
authorization.
``(D) Project diversity.--In selecting projects to
recommend for funding in the annual report under this
paragraph, the Secretary shall ensure diversity among
projects recommended based on--
``(i) the amount of the grant requested;
and
``(ii) grants for an eligible project for 1
bridge compared to an eligible project that is
a bundle of projects.
``(h) Eligible Project Costs.--A grant received for an eligible
project under the program may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities;
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements directly related to
improving system performance; and
``(3) expenses related to the protection (as described in
section 133(b)(9)) of a bridge, including seismic or scour
protection.
``(i) TIFIA Program.--On the request of an eligible entity carrying
out an eligible project, the Secretary may use amounts awarded to the
entity to pay subsidy and administrative costs necessary to provide to
the entity Federal credit assistance under chapter 6 with respect to
the eligible project for which the grant was awarded.
``(j) Multiyear Grant Agreements for Large Projects.--
``(1) In general.--A large project that receives a grant
under the program in an amount of not less than $100,000,000
may be carried out through a multiyear grant agreement in
accordance with this subsection.
``(2) Requirements.--A multiyear grant agreement for a
large project described in paragraph (1) shall--
``(A) establish the terms of participation by the
Federal Government in the project;
``(B) establish the maximum amount of Federal
financial assistance for the project in accordance with
paragraphs (3) and (4) of subsection (c);
``(C) establish a payout schedule for the project
that provides for disbursement of the full grant amount
by not later than 4 fiscal years after the fiscal year
in which the initial amount is provided;
``(D) determine the period of time for completing
the project, even if that period extends beyond the
period of an authorization; and
``(E) attempt to improve timely and efficient
management of the project, consistent with all
applicable Federal laws (including regulations).
``(3) Special financial rules.--
``(A) In general.--A multiyear grant agreement
under this subsection--
``(i) shall obligate an amount of available
budget authority specified in law; and
``(ii) may include a commitment, contingent
on amounts to be specified in law in advance
for commitments under this paragraph, to
obligate an additional amount from future
available budget authority specified in law.
``(B) Statement of contingent commitment.--The
agreement shall state that the contingent commitment is
not an obligation of the Federal Government.
``(C) Interest and other financing costs.--
``(i) In general.--Interest and other
financing costs of carrying out a part of the
project within a reasonable time shall be
considered a cost of carrying out the project
under a multiyear grant agreement, except that
eligible costs may not be more than the cost of
the most favorable financing terms reasonably
available for the project at the time of
borrowing.
``(ii) Certification.--The applicant shall
certify to the Secretary that the applicant has
shown reasonable diligence in seeking the most
favorable financing terms.
``(4) Advance payment.--Notwithstanding any other provision
of law, an eligible entity carrying out a large project under a
multiyear grant agreement--
``(A) may use funds made available to the eligible
entity under this title for eligible project costs of
the large project until the amount specified in the
multiyear grant agreement for the project for that
fiscal year becomes available for obligation; and
``(B) if the eligible entity uses funds as
described in subparagraph (A), the funds used shall be
reimbursed from the amount made available under the
multiyear grant agreement for the project.
``(k) Undertaking Parts of Projects in Advance Under Letters of No
Prejudice.--
``(1) In general.--The Secretary may pay to an applicant
all eligible project costs under the program, including costs
for an activity for an eligible project incurred prior to the
date on which the project receives funding under the program
if--
``(A) before the applicant carries out the
activity, the Secretary approves through a letter to
the applicant the activity in the same manner as the
Secretary approves other activities as eligible under
the program;
``(B) a record of decision, a finding of no
significant impact, or a categorical exclusion under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) has been issued for the eligible
project; and
``(C) the activity is carried out without Federal
assistance and in accordance with all applicable
procedures and requirements.
``(2) Interest and other financing costs.--
``(A) In general.--For purposes of paragraph (1),
the cost of carrying out an activity for an eligible
project includes the amount of interest and other
financing costs, including any interest earned and
payable on bonds, to the extent interest and other
financing costs are expended in carrying out the
activity for the eligible project, except that interest
and other financing costs may not be more than the cost
of the most favorable financing terms reasonably
available for the eligible project at the time of
borrowing.
``(B) Certification.--The applicant shall certify
to the Secretary that the applicant has shown
reasonable diligence in seeking the most favorable
financing terms under subparagraph (A).
``(3) No obligation or influence on recommendations.--An
approval by the Secretary under paragraph (1)(A) shall not--
``(A) constitute an obligation of the Federal
Government; or
``(B) alter or influence any evaluation under
subsection (f)(3)(A)(i) or (g)(4) or any recommendation
by the Secretary for funding under the program.
``(l) Federally-Owned Bridges.--
``(1) Divestiture consideration.--In the case of a bridge
owned by a Federal land management agency for which that agency
applies for a grant under the program, the agency--
``(A) shall consider options to divest the bridge
to a State or local entity after completion of the
project; and
``(B) may apply jointly with the State or local
entity to which the bridge may be divested.
``(2) Treatment.--Notwithstanding any other provision of
law, section 129 shall apply to a bridge that was previously
owned by a Federal land management agency and has been
transferred to a non-Federal entity under paragraph (1) in the
same manner as if the bridge was never federally owned.
``(m) Congressional Notification.--Not later than 30 days before
making a grant for an eligible project under the 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 written notification of the proposed grant
that includes--
``(1) an evaluation and justification for the eligible
project; and
``(2) the amount of the proposed grant.
``(n) Reports.--
``(1) Annual report.--Not later than August 1 of each
fiscal year, the Secretary shall make available on the website
of the Department of Transportation an annual report that lists
each eligible project for which a grant has been provided under
the program during the fiscal year.
``(2) GAO assessment and report.--Not later than 3 years
after the date of enactment of the Bridge Investment Act of
2021, the Comptroller General of the United States shall--
``(A) conduct an assessment of the administrative
establishment, solicitation, selection, and
justification process with respect to the funding of
grants under the program; and
``(B) 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--
``(i) the adequacy and fairness of the
process under which each eligible project that
received a grant under the program was
selected; and
``(ii) the justification and criteria used
for the selection of each eligible project.
``(o) Limitation.--
``(1) Large projects.--Of the amounts made available out of
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section for each of fiscal years 2022 through
2026, not less than 50 percent, in aggregate, shall be used for
large projects.
``(2) Unutilized amounts.--If, in fiscal year 2026, the
Secretary determines that grants under the program will not
allow for the requirement under paragraph (1) to be met, the
Secretary shall use the unutilized amounts to make other grants
under the program during that fiscal year.
``(p) Tribal Transportation Facility Bridge Set Aside.--
``(1) In general.--Of the amounts made available from the
Highway Trust Fund (other than the Mass Transit Account) for a
fiscal year to carry out this section, the Secretary shall use,
to carry out section 202(d)--
``(A) $16,000,000 for fiscal year 2022;
``(B) $18,000,000 for fiscal year 2023;
``(C) $20,000,000 for fiscal year 2024;
``(D) $22,000,000 for fiscal year 2025; and
``(E) $24,000,000 for fiscal year 2026.
``(2) Treatment.--For purposes of section 201, funds made
available for section 202(d) under paragraph (1) shall be
considered to be part of the tribal transportation program.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 123 the following:
``124. Bridge investment program.''.
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