I 

116TH CONGRESS 

2D SESSION H. R. 5745 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2020 

Mr. SEAN PATRICK MALONEY of New York (for himself, Mr. GRAVES of Louisiana, Mr. BLUMENAUER, and Mr. LAHOOD) introduced the following 

bill; which was referred to the Committee on Transportation and Infrastructure 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bridge Investment Act 

5 of 2020’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 5745 IH

1 SEC. 2. BRIDGE INVESTMENT PROGRAM. 

2 (a) IN GENERAL.—Chapter 1 of title 23, United 

3 States Code, is amended by inserting after section 123 the 

4 following: 

5 ‘‘§ 124. Bridge investment program 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) ELIGIBLE PROJECT.— 

8 ‘‘(A) IN GENERAL.—The term ‘eligible 

9 project’ means a project to replace, rehabilitate, 

10 preserve, or protect 1 or more bridges on the 

11 National Bridge Inventory under section 

12 144(b). 

13 ‘‘(B) INCLUSIONS.—The term ‘eligible 

14 project’ includes— 

15 ‘‘(i) a bundle of projects described in 

16 subparagraph (A), regardless of whether 

17 the bundle of projects meets the require18 ments of section 144(j)(5); and 

19 ‘‘(ii) a project to replace or rehabili20 tate culverts for the purpose of improving 

21 flood control and improved habitat 

22 connectivity for aquatic species. 

23 ‘‘(2) LARGE PROJECT.—The term ‘large 

24 project’ means an eligible project with total eligible 

25 project costs of greater than $100,000,000. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 5745 IH

1 ‘‘(3) PROGRAM.—The term ‘program’ means 

2 the bridge investment program established by sub3 section (b)(1). 

4 ‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PRO5 GRAM.— 

6 ‘‘(1) IN GENERAL.—There is established a 

7 bridge investment program to provide financial as8 sistance for eligible projects under this section. 

9 ‘‘(2) GOALS.—The goals of the program shall 

10 be— 

11 ‘‘(A) to improve the safety, efficiency, and 

12 reliability of the movement of people and freight 

13 over bridges; 

14 ‘‘(B) to improve the condition of bridges in 

15 the United States by reducing— 

16 ‘‘(i) the number of bridges— 

17 ‘‘(I) in poor condition; or 

18 ‘‘(II) in fair condition and at risk 

19 of falling into poor condition within 

20 the next 3 years; 

21 ‘‘(ii) the total person miles traveled 

22 over bridges— 

23 ‘‘(I) in poor condition; or 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 5745 IH

1 ‘‘(II) in fair condition and at risk 

2 of falling into poor condition within 

3 the next 3 years; 

4 ‘‘(iii) the number of bridges that— 

5 ‘‘(I) do not meet current geo6 metric design standards; or 

7 ‘‘(II) cannot meet the load and 

8 traffic requirements typical of the re9 gional transportation network; and 

10 ‘‘(iv) the total person miles traveled 

11 over bridges that— 

12 ‘‘(I) do not meet current geo13 metric design standards; or 

14 ‘‘(II) cannot meet the load and 

15 traffic requirements typical of the re16 gional transportation network; and 

17 ‘‘(C) to provide financial assistance that 

18 leverages and encourages non-Federal contribu19 tions from sponsors and stakeholders involved 

20 in the planning, design, and construction of eli21 gible projects. 

22 ‘‘(c) GRANT AUTHORITY.— 

23 ‘‘(1) IN GENERAL.—In carrying out the pro24 gram, the Secretary may award grants, on a com25 petitive basis, in accordance with this section. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 5745 IH

1 ‘‘(2) GRANT AMOUNTS.—Except as otherwise 

2 provided, a grant under the program shall be— 

3 ‘‘(A) in the case of a large project, in an 

4 amount that is— 

5 ‘‘(i) adequate to fully fund the project 

6 (in combination with other financial re7 sources identified in the application); and 

8 ‘‘(ii) not less than $50,000,000; and 

9 ‘‘(B) in the case of any other eligible 

10 project, in an amount that is— 

11 ‘‘(i) adequate to fully fund the project 

12 (in combination with other financial re13 sources identified in the application); and 

14 ‘‘(ii) not less than $2,500,000. 

15 ‘‘(3) MAXIMUM AMOUNT.—Except as otherwise 

16 provided, for an eligible project receiving assistance 

17 under the program, the amount of assistance pro18 vided by the Secretary under this section, as a share 

19 of eligible project costs, shall be— 

20 ‘‘(A) in the case of a large project, not 

21 more than 50 percent; and 

22 ‘‘(B) in the case of any other eligible 

23 project, not more than 80 percent. 

24 ‘‘(4) FEDERAL SHARE.— 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 5745 IH

1 ‘‘(A) MAXIMUM FEDERAL INVOLVE2 MENT.—Federal assistance other than a grant 

3 under the program may be used to satisfy the 

4 non-Federal share of the cost of a project for 

5 which a grant is made, except that the total 

6 Federal assistance provided for a project receiv7 ing a grant under the program may not exceed 

8 the Federal share for the project under section 

9 120. 

10 ‘‘(B) OFF-SYSTEM BRIDGES.—In the case 

11 of an eligible project for an off-system bridge 

12 (as defined in section 133(f)(1))— 

13 ‘‘(i) Federal assistance other than a 

14 grant under the program may be used to 

15 satisfy the non-Federal share of the cost of 

16 a project; and 

17 ‘‘(ii) notwithstanding subparagraph 

18 (A), the total Federal assistance provided 

19 for the project shall not exceed 90 percent 

20 of the total eligible project costs. 

21 ‘‘(C) FEDERAL LAND MANAGEMENT AGEN22 CIES AND TRIBAL GOVERNMENTS.—Notwith23 standing any other provision of law, Federal 

24 funds other than Federal funds made available 

25 under this section may be used to pay the reVerDate Sep 11 2014 21:58 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 5745 IH

1 maining share of the cost of a project under the 

2 program by a Federal land management agency 

3 or a Tribal government or consortium of Tribal 

4 governments. 

5 ‘‘(5) CONSIDERATIONS.— 

6 ‘‘(A) IN GENERAL.—In awarding grants 

7 under the program, the Secretary shall con8 sider— 

9 ‘‘(i) in the case of a large project, the 

10 ratings assigned under subsection 

11 (g)(5)(A); 

12 ‘‘(ii) in the case of an eligible project 

13 other than a large project, the quality rat14 ing assigned under subsection (f)(3)(A)(ii); 

15 ‘‘(iii) the average amount of people 

16 and freight supported by the eligible 

17 project; 

18 ‘‘(iv) the number and percentage of 

19 bridges within the same State as the eligi20 ble project that are in poor condition; 

21 ‘‘(v) the extent to which the eligible 

22 project demonstrates cost savings by bun23 dling multiple bridge projects; 

24 ‘‘(vi) in the case of an eligible project 

25 of a Federal land management agency, the 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 5745 IH

1 extent to which the grant would reduce a 

2 Federal liability or Federal infrastructure 

3 maintenance backlog; 

4 ‘‘(vii) geographic diversity among 

5 grant recipients, including the need for a 

6 balance between the needs of rural and 

7 urban communities; 

8 ‘‘(viii) the extent to which an eligible 

9 project improves intermodal freight trans10 port; 

11 ‘‘(ix) the number of eligible projects 

12 within the same State; 

13 ‘‘(x) whether the project serves as 

14 part of a State or Federal evacuation 

15 route; and 

16 ‘‘(xi) the extent to which a bridge that 

17 would be assisted with a grant— 

18 ‘‘(I) is, without that assistance— 

19 ‘‘(aa) at risk of falling into 

20 or remaining in poor condition; 

21 or 

22 ‘‘(bb) in fair condition and 

23 at risk of falling into poor condi24 tion within the next 3 years; 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 5745 IH

1 ‘‘(II) does not meet current geo2 metric design standards based on— 

3 ‘‘(aa) the current use of the 

4 bridge; or 

5 ‘‘(bb) load and traffic re6 quirements typical of the regional 

7 corridor or local network in 

8 which the bridge is located; or 

9 ‘‘(III) does not meet current seis10 mic design standards. 

11 ‘‘(B) REQUIREMENT.—The Secretary 

12 shall— 

13 ‘‘(i) give priority to an application for 

14 an eligible project that is located within a 

15 State for which— 

16 ‘‘(I) 2 or more applications for 

17 eligible projects within the State were 

18 submitted for the current fiscal year 

19 and an average of 2 or more applica20 tions for eligible projects within the 

21 State were submitted in prior fiscal 

22 years of the program; and 

23 ‘‘(II) fewer than 2 grants have 

24 been awarded for eligible projects 

25 within the State under the program; 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 5745 IH

1 ‘‘(ii) during the period of fiscal years 

2 2021 through 2025, for each State de3 scribed in clause (i), select— 

4 ‘‘(I) not fewer than 1 large 

5 project that the Secretary determines 

6 is justified under the evaluation under 

7 subsection (g)(4); or 

8 ‘‘(II) 2 eligible projects that are 

9 not large projects that the Secretary 

10 determines are justified under the 

11 evaluation under subsection (f)(3); 

12 and 

13 ‘‘(iii) not be required to award a grant 

14 for an eligible project that the Secretary 

15 does not determine is justified under an 

16 evaluation under subsection (f)(3) or 

17 (g)(4). 

18 ‘‘(6) CULVERT LIMITATION.—Not more than 5 

19 percent of the amounts made available for each fis20 cal year for grants under the program may be used 

21 for eligible projects that consist solely of culvert re22 placement or rehabilitation. 

23 ‘‘(d) ELIGIBLE ENTITY.—The Secretary may make 

24 a grant under the program to any of the following: 

25 ‘‘(1) A State or a group of States. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 5745 IH

1 ‘‘(2) A metropolitan planning organization that 

2 serves an urbanized area (as designated by the Bu3 reau of the Census) with a population of over 

4 200,000. 

5 ‘‘(3) A unit of local government or a group of 

6 local governments. 

7 ‘‘(4) A political subdivision of a State or local 

8 government. 

9 ‘‘(5) A special purpose district or public author10 ity with a transportation function. 

11 ‘‘(6) A Federal land management agency. 

12 ‘‘(7) A Tribal government or a consortium of 

13 Tribal governments. 

14 ‘‘(8) A multistate or multijurisdictional group 

15 of entities described in paragraphs (1) through (7). 

16 ‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Sec17 retary may make a grant under the program only to an 

18 eligible entity for an eligible project that— 

19 ‘‘(1) in the case of a large project, the Sec20 retary recommends for funding in the annual report 

21 on funding recommendations under subsection 

22 (g)(6); 

23 ‘‘(2) is reasonably expected to begin construc24 tion not later than 18 months after the date on 

25 which funds are obligated for the project; and 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 5745 IH

1 ‘‘(3) is based on the results of preliminary engi2 neering. 

3 ‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF

4 ELIGIBLE PROJECTS OTHER THAN LARGE PROJECTS.— 

5 ‘‘(1) COMPETITIVE PROCESS.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall— 

7 ‘‘(i) for the first fiscal year for which 

8 funds are made available for obligation 

9 under the program, not later than 60 days 

10 after the date on which the template under 

11 subparagraph (B)(i) is developed, and in 

12 subsequent fiscal years, not later than 60 

13 days after the date on which amounts are 

14 made available for obligation under the 

15 program, solicit grant applications for eli16 gible projects other than large projects; 

17 and 

18 ‘‘(ii) not later than 120 days after the 

19 date on which the solicitation under clause 

20 (i) expires, conduct evaluations under 

21 paragraph (3). 

22 ‘‘(B) REQUIREMENTS.—In carrying out 

23 subparagraph (A), the Secretary shall— 

24 ‘‘(i) develop a template for applicants 

25 to use to summarize project needs and 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 5745 IH

1 benefits, including benefits described in 

2 paragraph (3)(B)(i); and 

3 ‘‘(ii) enable applicants to use data 

4 from the National Bridge Inventory under 

5 section 144(b) to populate templates de6 scribed in clause (i), as applicable. 

7 ‘‘(2) APPLICATIONS.—An eligible entity shall 

8 submit to the Secretary an application at such time, 

9 in such manner, and containing such information as 

10 the Secretary may require. 

11 ‘‘(3) EVALUATION.— 

12 ‘‘(A) IN GENERAL.—Prior to providing a 

13 grant under this subsection, the Secretary 

14 shall— 

15 ‘‘(i) conduct an evaluation of each eli16 gible project for which an application is re17 ceived under this subsection; and 

18 ‘‘(ii) assign a quality rating to the eli19 gible project on the basis of the evaluation 

20 under clause (i). 

21 ‘‘(B) REQUIREMENTS.—In carrying out an 

22 evaluation under subparagraph (A), the Sec23 retary shall— 

24 ‘‘(i) consider information on project 

25 benefits submitted by the applicant using 


kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 5745 IH

1 the template developed under paragraph 

2 (1)(B)(i), including whether the project 

3 will generate, as determined by the Sec4 retary— 

5 ‘‘(I) costs avoided by the preven6 tion of closure or reduced use of the 

7 bridge to be improved by the project; 

8 ‘‘(II) in the case of a bundle of 

9 projects, benefits from executing the 

10 projects as a bundle compared to as 

11 individual projects; 

12 ‘‘(III) safety benefits, including 

13 the reduction of accidents and related 

14 costs; 

15 ‘‘(IV) person and freight mobility 

16 benefits, including congestion reduc17 tion and reliability improvements; 

18 ‘‘(V) national or regional eco19 nomic benefits; 

20 ‘‘(VI) benefits from long-term re21 siliency to extreme weather events, 

22 flooding, or other natural disasters; 

23 ‘‘(VII) benefits from protection 

24 (as described in section 133(b)(10)), 


kjohnson on DSK79L0C42PROD with BILLS
15 

•HR 5745 IH

1 including improving seismic or scour 

2 protection; 

3 ‘‘(VIII) environmental benefits, 

4 including wildlife connectivity and car5 bon reduction; 

6 ‘‘(IX) benefits to pedestrian, bi7 cycle, nonvehicular, and public trans8 portation users; 

9 ‘‘(X) benefits of using— 

10 ‘‘(aa) innovative design and 

11 construction techniques; or 

12 ‘‘(bb) innovative tech13 nologies; or 

14 ‘‘(XI) reductions in maintenance 

15 costs, including, in the case of a feder16 ally owned bridge, cost savings to the 

17 Federal budget; and 

18 ‘‘(ii) consider whether and the extent 

19 to which the benefits, including the bene20 fits described in clause (i), are more likely 

21 than not to outweigh the total project 

22 costs. 

23 ‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND AN24 NUAL REPORT FOR LARGE PROJECTS.— 


kjohnson on DSK79L0C42PROD with BILLS
16 

•HR 5745 IH

1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish an annual date by which an eligible entity sub3 mitting an application for a large project shall sub4 mit to the Secretary such information as the Sec5 retary may require, including information described 

6 in paragraph (2), in order for a large project to be 

7 considered for a recommendation by the Secretary 

8 for funding in the next annual report under para9 graph (6). 

10 ‘‘(2) INFORMATION REQUIRED.—The informa11 tion referred to in paragraph (1) includes— 

12 ‘‘(A) all necessary information required for 

13 the Secretary to evaluate the large project; and 

14 ‘‘(B) information sufficient for the Sec15 retary to determine that— 

16 ‘‘(i) the large project meets the appli17 cable requirements under this section; and 

18 ‘‘(ii) there is a reasonable likelihood 

19 that the large project will continue to meet 

20 the requirements under this section. 

21 ‘‘(3) DETERMINATION; NOTICE.—On making a 

22 determination that information submitted to the 

23 Secretary under paragraph (1) is sufficient, the Sec24 retary shall provide a written notice of that deter25 mination to— 


kjohnson on DSK79L0C42PROD with BILLS
17 

•HR 5745 IH

1 ‘‘(A) the eligible entity that submitted the 

2 application; 

3 ‘‘(B) the Committee on Environment and 

4 Public Works of the Senate; and 

5 ‘‘(C) the Committee on Transportation and 

6 Infrastructure of the House of Representatives. 

7 ‘‘(4) EVALUATION.—The Secretary may rec8 ommend a large project for funding in the annual 

9 report under paragraph (6) only if the Secretary 

10 evaluates the proposed project and determines that 

11 the project is justified because the project— 

12 ‘‘(A) addresses a need to improve the con13 dition of the bridge, as determined by the Sec14 retary, consistent with the goals of the program 

15 under subsection (b)(2); 

16 ‘‘(B) will generate, as determined by the 

17 Secretary— 

18 ‘‘(i) costs avoided by the prevention of 

19 closure or reduced use of the bridge to be 

20 improved by the project; 

21 ‘‘(ii) in the case of a bundle of 

22 projects, benefits from executing the 

23 projects as a bundle compared to as indi24 vidual projects; 


kjohnson on DSK79L0C42PROD with BILLS
18 

•HR 5745 IH

1 ‘‘(iii) safety benefits, including the re2 duction of accidents and related costs; 

3 ‘‘(iv) person and freight mobility bene4 fits, including congestion reduction and re5 liability improvements; 

6 ‘‘(v) national or regional economic 

7 benefits; 

8 ‘‘(vi) benefits from long-term resil9 iency to extreme weather events, flooding, 

10 or other natural disasters; 

11 ‘‘(vii) benefits from protection (as de12 scribed in section 133(b)(10)), including 

13 improving seismic or scour protection; 

14 ‘‘(viii) environmental benefits, includ15 ing wildlife connectivity and carbon reduc16 tion; 

17 ‘‘(ix) benefits to pedestrian, bicycle, 

18 nonvehicular, and public transportation 

19 users; 

20 ‘‘(x) benefits of using— 

21 ‘‘(I) innovative design and con22 struction techniques; or 

23 ‘‘(II) innovative technologies; or 


kjohnson on DSK79L0C42PROD with BILLS
19 

•HR 5745 IH

1 ‘‘(xi) reductions in maintenance costs, 

2 including, in the case of a federally owned 

3 bridge, cost savings to the Federal budget; 

4 ‘‘(C) is cost effective based on an analysis 

5 of whether the benefits and avoided costs de6 scribed in subparagraph (B) are expected to 

7 outweigh the project costs; 

8 ‘‘(D) is supported by other Federal or non9 Federal financial commitments or revenues ade10 quate to fund ongoing maintenance and preser11 vation; and 

12 ‘‘(E) is consistent with the objectives of an 

13 applicable asset management plan of the project 

14 sponsor, including a State asset management 

15 plan under section 119(e) in the case of a 

16 project on the National Highway System that is 

17 sponsored by a State. 

18 ‘‘(5) RATINGS.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 develop a methodology to evaluate and rate a 

21 large project on a 5-point scale (the points of 

22 which include ‘high’, ‘medium-high’, ‘medium’, 

23 ‘medium-low’, and ‘low’) for each of— 

24 ‘‘(i) paragraph (4)(B); 

25 ‘‘(ii) paragraph (4)(C); and 


kjohnson on DSK79L0C42PROD with BILLS
20 

•HR 5745 IH

1 ‘‘(iii) paragraph (4)(D). 

2 ‘‘(B) REQUIREMENT.—To be considered 

3 justified and receive a recommendation for 

4 funding in the annual report under paragraph 

5 (6), a project shall receive a rating of not less 

6 than ‘medium’ for each rating required under 

7 subparagraph (A). 

8 ‘‘(6) ANNUAL REPORT ON FUNDING REC9 OMMENDATIONS FOR LARGE PROJECTS.— 

10 ‘‘(A) IN GENERAL.—Not later than the 

11 first Monday in February of each year, the Sec12 retary shall submit to the Committees on 

13 Transportation and Infrastructure and Appro14 priations of the House of Representatives and 

15 the Committees on Environment and Public 

16 Works and Appropriations of the Senate a re17 port that includes— 

18 ‘‘(i) a list of large projects that have 

19 requested a recommendation for funding 

20 under a new grant agreement from funds 

21 anticipated to be available to carry out this 

22 subsection in the next fiscal year; 

23 ‘‘(ii) the evaluation under paragraph 

24 (4) and ratings under paragraph (5) for 

25 each project referred to in clause (i); 


kjohnson on DSK79L0C42PROD with BILLS
21 

•HR 5745 IH

1 ‘‘(iii) the grant amounts that the Sec2 retary recommends providing to large 

3 projects in the next fiscal year, including— 

4 ‘‘(I) scheduled payments under 

5 previously signed multiyear grant 

6 agreements under subsection (j); 

7 ‘‘(II) payments for new grant 

8 agreements, including single-year 

9 grant agreements and multiyear grant 

10 agreements; and 

11 ‘‘(III) a description of how 

12 amounts anticipated to be available 

13 for the program from the Highway 

14 Trust Fund for that fiscal year will be 

15 distributed; and 

16 ‘‘(iv) for each project for which the 

17 Secretary recommends a new multiyear 

18 grant agreement under subsection (j), the 

19 proposed payout schedule for the project. 

20 ‘‘(B) LIMITATIONS.— 

21 ‘‘(i) IN GENERAL.—The Secretary 

22 shall not recommend in an annual report 

23 under this paragraph a new multiyear 

24 grant agreement provided from funds from 

25 the Highway Trust Fund unless the SecVerDate Sep 11 2014 21:58 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

kjohnson on DSK79L0C42PROD with BILLS
22 

•HR 5745 IH

1 retary determines that the project can be 

2 completed using funds that are anticipated 

3 to be available from the Highway Trust 

4 Fund in future fiscal years. 

5 ‘‘(ii) GENERAL FUND PROJECTS.— 

6 The Secretary— 

7 ‘‘(I) may recommend for funding 

8 in an annual report under this para9 graph a large project using funds 

10 from the general fund of the Treas11 ury; but 

12 ‘‘(II) shall not execute a grant 

13 agreement for that project unless— 

14 ‘‘(aa) funds other than from 

15 the Highway Trust Fund have 

16 been made available for the 

17 project; and 

18 ‘‘(bb) the Secretary deter19 mines that the project can be 

20 completed using funds other than 

21 from the Highway Trust Fund 

22 that are anticipated to be avail23 able in future fiscal years. 

24 ‘‘(C) CONSIDERATIONS.—In selecting 

25 projects to recommend for funding in the anVerDate Sep 11 2014 21:58 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

kjohnson on DSK79L0C42PROD with BILLS
23 

•HR 5745 IH

1 nual report under this paragraph, the Secretary 

2 shall— 

3 ‘‘(i) consider the amount of funds 

4 available in future fiscal years for 

5 multiyear grant agreements as described in 

6 subparagraph (B); and 

7 ‘‘(ii) assume the availability of funds 

8 in future fiscal years for multiyear grant 

9 agreements that extend beyond the period 

10 of authorization based on the amount 

11 made available for large projects under the 

12 program in the last fiscal year of the pe13 riod of authorization. 

14 ‘‘(D) PROJECT DIVERSITY.—In selecting 

15 projects to recommend for funding in the an16 nual report under this paragraph, the Secretary 

17 shall ensure diversity among projects rec18 ommended based on— 

19 ‘‘(i) the amount of the grant re20 quested; and 

21 ‘‘(ii) grants for an eligible project for 

22 1 bridge compared to an eligible project 

23 that is a bundle of projects. 


kjohnson on DSK79L0C42PROD with BILLS
24 

•HR 5745 IH

1 ‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received 

2 for an eligible project under the program may be used 

3 for— 

4 ‘‘(1) development phase activities, including 

5 planning, feasibility analysis, revenue forecasting, 

6 environmental review, preliminary engineering and 

7 design work, and other preconstruction activities; 

8 ‘‘(2) construction, reconstruction, rehabilitation, 

9 acquisition of real property (including land related 

10 to the project and improvements to the land), envi11 ronmental mitigation, construction contingencies, ac12 quisition of equipment, and operational improve13 ments directly related to improving system perform14 ance; and 

15 ‘‘(3) expenses related to the protection (as de16 scribed in section 133(b)(10)) of a bridge, including 

17 seismic or scour protection. 

18 ‘‘(i) TIFIA PROGRAM.—On the request of an eligible 

19 entity carrying out an eligible project, the Secretary may 

20 use amounts awarded to the entity to pay subsidy and ad21 ministrative costs necessary to provide to the entity Fed22 eral credit assistance under chapter 6 with respect to the 

23 eligible project for which the grant was awarded. 

24 ‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE

25 PROJECTS.— 


kjohnson on DSK79L0C42PROD with BILLS
25 

•HR 5745 IH

1 ‘‘(1) IN GENERAL.—A large project that re2 ceives a grant under the program in an amount of 

3 not less than $100,000,000 may be carried out 

4 through a multiyear grant agreement in accordance 

5 with this subsection. 

6 ‘‘(2) REQUIREMENTS.—A multiyear grant 

7 agreement for a large project described in paragraph 

8 (1) shall— 

9 ‘‘(A) establish the terms of participation by 

10 the Federal Government in the project; 

11 ‘‘(B) establish the maximum amount of 

12 Federal financial assistance for the project in 

13 accordance with paragraphs (3) and (4) of sub14 section (c); 

15 ‘‘(C) establish a payout schedule for the 

16 project that provides for disbursement of the 

17 full grant amount by not later than 4 fiscal 

18 years after the fiscal year in which the initial 

19 amount is provided; 

20 ‘‘(D) determine the period of time for com21 pleting the project, even if that period extends 

22 beyond the period of an authorization; and 

23 ‘‘(E) attempt to improve timely and effi24 cient management of the project, consistent 


kjohnson on DSK79L0C42PROD with BILLS
26 

•HR 5745 IH

1 with all applicable Federal laws (including regu2 lations). 

3 ‘‘(3) SPECIAL FINANCIAL RULES.— 

4 ‘‘(A) IN GENERAL.—A multiyear grant 

5 agreement under this subsection— 

6 ‘‘(i) shall obligate an amount of avail7 able budget authority specified in law; and 

8 ‘‘(ii) may include a commitment, con9 tingent on amounts to be specified in law 

10 in advance for commitments under this 

11 paragraph, to obligate an additional 

12 amount from future available budget au13 thority specified in law. 

14 ‘‘(B) STATEMENT OF CONTINGENT COM15 MITMENT.—The agreement shall state that the 

16 contingent commitment is not an obligation of 

17 the Federal Government. 

18 ‘‘(C) INTEREST AND OTHER FINANCING

19 COSTS.— 

20 ‘‘(i) IN GENERAL.—Interest and other 

21 financing costs of carrying out a part of 

22 the project within a reasonable time shall 

23 be considered a cost of carrying out the 

24 project under a multiyear grant agreement, 

25 except that eligible costs may not be more 


kjohnson on DSK79L0C42PROD with BILLS
27 

•HR 5745 IH

1 than the cost of the most favorable financ2 ing terms reasonably available for the 

3 project at the time of borrowing. 

4 ‘‘(ii) CERTIFICATION.—The applicant 

5 shall certify to the Secretary that the ap6 plicant has shown reasonable diligence in 

7 seeking the most favorable financing 

8 terms. 

9 ‘‘(4) ADVANCE PAYMENT.—Notwithstanding 

10 any other provision of law, an eligible entity carrying 

11 out a large project under a multiyear grant agree12 ment— 

13 ‘‘(A) may use funds made available to the 

14 eligible entity under this title for eligible project 

15 costs of the large project until the amount spec16 ified in the multiyear grant agreement for the 

17 project for that fiscal year becomes available for 

18 obligation; and 

19 ‘‘(B) if the eligible entity uses funds as de20 scribed in subparagraph (A), the funds used 

21 shall be reimbursed from the amount made 

22 available under the multiyear grant agreement 

23 for the project. 

24 ‘‘(k) UNDERTAKING PARTS OF PROJECTS IN AD25 VANCE UNDER LETTERS OF NO PREJUDICE.— 


kjohnson on DSK79L0C42PROD with BILLS
28 

•HR 5745 IH

1 ‘‘(1) IN GENERAL.—The Secretary may pay to 

2 an applicant all eligible project costs under the pro3 gram, including costs for an activity for an eligible 

4 project incurred prior to the date on which the 

5 project receives funding under the program if— 

6 ‘‘(A) before the applicant carries out the 

7 activity, the Secretary approves through a letter 

8 to the applicant the activity in the same man9 ner as the Secretary approves other activities as 

10 eligible under the program; 

11 ‘‘(B) a record of decision, a finding of no 

12 significant impact, or a categorical exclusion 

13 under the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.) has been issued 

15 for the eligible project; and 

16 ‘‘(C) the activity is carried out without 

17 Federal assistance and in accordance with all 

18 applicable procedures and requirements. 

19 ‘‘(2) INTEREST AND OTHER FINANCING

20 COSTS.— 

21 ‘‘(A) IN GENERAL.—For purposes of para22 graph (1), the cost of carrying out an activity 

23 for an eligible project includes the amount of 

24 interest and other financing costs, including 

25 any interest earned and payable on bonds, to 


kjohnson on DSK79L0C42PROD with BILLS
29 

•HR 5745 IH

1 the extent interest and other financing costs are 

2 expended in carrying out the activity for the eli3 gible project, except that interest and other fi4 nancing costs may not be more than the cost of 

5 the most favorable financing terms reasonably 

6 available for the eligible project at the time of 

7 borrowing. 

8 ‘‘(B) CERTIFICATION.—The applicant shall 

9 certify to the Secretary that the applicant has 

10 shown reasonable diligence in seeking the most 

11 favorable financing terms under subparagraph 

12 (A). 

13 ‘‘(3) NO OBLIGATION OR INFLUENCE ON REC14 OMMENDATIONS.—An approval by the Secretary 

15 under paragraph (1)(A) shall not— 

16 ‘‘(A) constitute an obligation of the Fed17 eral Government; or 

18 ‘‘(B) alter or influence any evaluation 

19 under subsection (f)(3)(A)(i) or (g)(4) or any 

20 recommendation by the Secretary for funding 

21 under the program. 

22 ‘‘(l) CONGRESSIONAL NOTIFICATION.—Not later 

23 than 30 days before making a grant for an eligible project 

24 under the program, the Secretary shall submit to the Com25 mittee on Transportation and Infrastructure of the House 


kjohnson on DSK79L0C42PROD with BILLS
30 

•HR 5745 IH

1 of Representatives and the Committee on Environment 

2 and Public Works of the Senate a written notification of 

3 the proposed grant that includes— 

4 ‘‘(1) an evaluation and justification for the eli5 gible project; and 

6 ‘‘(2) the amount of the proposed grant. 

7 ‘‘(m) REPORTS.— 

8 ‘‘(1) ANNUAL REPORT.—Not later than August 

9 1 of each fiscal year, the Secretary shall make avail10 able on the website of the Department of Transpor11 tation an annual report that lists each eligible 

12 project for which a grant has been provided under 

13 the program during the fiscal year. 

14 ‘‘(2) GAO ASSESSMENT AND REPORT.—Not 

15 later than 3 years after the date of enactment of the 

16 Bridge Investment Act of 2020, the Comptroller 

17 General of the United States shall— 

18 ‘‘(A) conduct an assessment of the admin19 istrative establishment, solicitation, selection, 

20 and justification process with respect to the 

21 funding of grants under the program; and 

22 ‘‘(B) submit to the Committee on Trans23 portation and Infrastructure of the House of 

24 Representatives and the Committee on EnvironVerDate Sep 11 2014 21:58 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5745.IH H5745

kjohnson on DSK79L0C42PROD with BILLS
31 

•HR 5745 IH

1 ment and Public Works of the Senate a report 

2 that describes— 

3 ‘‘(i) the adequacy and fairness of the 

4 process under which each eligible project 

5 that received a grant under the program 

6 was selected; and 

7 ‘‘(ii) the justification and criteria used 

8 for the selection of each eligible project. 

9 ‘‘(n) LIMITATION.— 

10 ‘‘(1) LARGE PROJECTS.—Of the amounts made 

11 available out of the Highway Trust Fund (other 

12 than the Mass Transit Account) to carry out this 

13 section for each of fiscal years 2021 through 2025, 

14 not less than 50 percent, in aggregate, shall be used 

15 for large projects. 

16 ‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year 

17 2025, the Secretary determines that grants under 

18 the program will not allow for the requirement under 

19 paragraph (1) to be met, the Secretary shall use the 

20 unutilized amounts to make other grants under the 

21 program during that fiscal year. 

22 ‘‘(o) TRIBAL TRANSPORTATION FACILITY BRIDGE

23 SET ASIDE.— 

24 ‘‘(1) IN GENERAL.—Of the amounts made 

25 available from the Highway Trust Fund (other than 


kjohnson on DSK79L0C42PROD with BILLS
32 

•HR 5745 IH

1 the Mass Transit Account) for a fiscal year to carry 

2 out this section, the Secretary shall use, to carry out 

3 section 202(d)— 

4 ‘‘(A) $16,000,000 for fiscal year 2021; 

5 ‘‘(B) $18,000,000 for fiscal year 2022; 

6 ‘‘(C) $20,000,000 for fiscal year 2023; 

7 ‘‘(D) $22,000,000 for fiscal year 2024; 

8 and 

9 ‘‘(E) $24,000,000 for fiscal year 2025. 

10 ‘‘(2) TREATMENT.—For purposes of section 

11 201, funds made available for section 202(d) under 

12 paragraph (1) shall be considered to be part of the 

13 tribal transportation program. 

14 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—For 

15 each of fiscal years 2021 through 2025, there is author16 ized to be appropriated to carry out this section— 

17 ‘‘(1) $2,000,000,000 from the general fund of 

18 the Treasury; and 

19 ‘‘(2) $2,000,000,000 from the Highway Trust 

20 Fund (other than the Mass Transit Account).’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 1 of title 23, United States Code, is amended by insert23 ing after the item relating to section 123 the following: 

‘‘124. Bridge investment program’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS