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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2279 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2279

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

                            January 4, 2018

 Mr. Brown (for himself, Mr. Whitehouse, and Mr. Wyden) 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''.

SEC. 2. BRIDGE INVESTMENT PROGRAM.

    (a) In General.--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.--The term `eligible project' 
        means--
                    ``(A) a large project to repair, improve, 
                rehabilitate, or replace a bridge on a public road;
                    ``(B) a medium or small project to repair, improve, 
                rehabilitate, or replace a bridge on a public road; and
                    ``(C) a program of medium or small projects to 
                repair, improve, rehabilitate, or replace a bridge on a 
                public road.
            ``(2) Large project.--The term `large project' means a 
        project with total eligible project costs, as determined by the 
        Secretary under subsection (j), of greater than $100,000,000.
            ``(3) Medium or small project.--The term `medium or small 
        project' means a project with total eligible project costs, as 
        determined by the Secretary under subsection (j), equal to or 
        less than $100,000,000.
            ``(4) Nationally or regionally significant project.--The 
        term `nationally or regionally significant project' means a 
        large project--
                    ``(A) for which an eligible applicant seeks more 
                than $500,000,000 of assistance under this section; and
                    ``(B) that addresses significant national or 
                regional needs, as determined by the Secretary.
            ``(5) Program.--The term `program' means the bridge 
        investment program established by subsection (b)(1).
            ``(6) Program of medium or small projects.--The term 
        `program of medium or small projects' means the simultaneous 
        development of 2 of more medium or small projects for which the 
        total eligible project costs, as determined by the Secretary 
        under subsection (j) for all projects, are equal to or less 
        than $100,000,000.
            ``(7) Rural area.--The term `rural area' means an area that 
        is outside an urbanized area with a population of over 200,000.
    ``(b) Establishment of 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 repair, improve, rehabilitate, or replace 
                bridges 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 in need of 
                        significant repairs;
                            ``(ii) the number of bridges with designs 
                        that do not meet applicable engineering 
                        standards that are current as of the date of 
                        review of the designs;
                            ``(iii) the number of bridges with designs 
                        that are not suitable for the use (as 
                        determined on the date of review of the 
                        designs) of those bridges; and
                            ``(iv) the number of bridges with 
                        structural elements the failure of which would 
                        cause the bridge or a portion of the bridge to 
                        collapse; and
                    ``(C) to provide financial assistance that 
                leverages and encourages non-Federal contributions from 
                sponsors and stakeholders involved in the planning, 
                development, 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 this program shall be--
                    ``(A) in the case of a large project, not less than 
                $40,000,000; and
                    ``(B) in the case of a medium or small project or a 
                program of medium or small projects, not less than 
                $2,500,000.
            ``(3) Minimum amount.--Except as otherwise provided, for an 
        eligible project receiving assistance under the program, the 
        total amount of assistance provided by the Secretary under this 
        section shall be not less than 40 percent of total eligible 
        project costs, as determined by the Secretary under subsection 
        (j), unless the eligible applicant requests a smaller amount of 
        assistance.
            ``(4) Distribution of grants.--
                    ``(A) Grants less than $100,000,000.--To the 
                maximum extent practicable, if the Secretary awards for 
                an eligible project a grant in an amount less than 
                $100,000,000, the funds shall be made available in 1 
                distribution.
                    ``(B) Grants equal to or greater than 
                $100,000,000.--To the maximum extent practicable, if 
                the Secretary awards for an eligible project a grant in 
                an amount equal to or greater than $100,000,000, the 
                funds shall be made available in accordance with a 
                multiyear grant agreement under subsection (m).
    ``(d) Eligible Applicants.--
            ``(1) In general.--The Secretary may make a grant under the 
        program to any of the following:
                    ``(A) A State or a group of States.
                    ``(B) A metropolitan planning organization that 
                serves an urbanized area (as defined by the Bureau of 
                the Census).
                    ``(C) A unit of local government or a group of 
                local governments.
                    ``(D) A political subdivision of a State or local 
                government.
                    ``(E) A special purpose district or public 
                authority with a transportation function.
                    ``(F) A Federal land management agency that applies 
                jointly with a State or group of States.
                    ``(G) An Indian tribe.
                    ``(H) A multistate or multijurisdictional group of 
                entities described in subparagraphs (A) through (G).
            ``(2) Applications.--To be eligible for a grant under the 
        program, an eligible entity shall submit to the Secretary an 
        application in such form, at such time, and containing such 
        information as the Secretary determines to be appropriate.
    ``(e) Eligible Project Requirements.--The Secretary may make a 
grant under the program only for an eligible project that--
            ``(1) the Secretary determines is justified based on an 
        evaluation under subsection (g) or (h), as applicable;
            ``(2) the Secretary recommends for funding in the annual 
        report on funding recommendations under subsection (i);
            ``(3) is reasonably expected to begin construction not 
        later than 18 months after the date on which funds are 
        obligated for the project; and
            ``(4) is based on--
                    ``(A) the results of preliminary engineering; or
                    ``(B) asset management planning that includes a 
                reasonable cost estimate for a noncomplex project or 
                noncomplex elements of a program of medium or small 
                projects.
    ``(f) Project Phases.--
            ``(1) Project development phase.--
                    ``(A) In general.--A project shall be considered to 
                have entered the project development phase if--
                            ``(i) an eligible entity under subsection 
                        (d)(1)--
                                    ``(I) submits an application to the 
                                Secretary describing the project and 
                                requesting entry into the project 
                                development phase; and
                                    ``(II) activities required to be 
                                carried out under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.) with respect to 
                                the project have been initiated; and
                            ``(ii) not later than 45 days after the 
                        date on which the Secretary receives the 
                        application under clause (i)(I), the 
                        Secretary--
                                    ``(I) provides to the applicant 
                                written notice that the information 
                                provided is sufficient to enter into 
                                the project development phase; and
                                    ``(II) submits to the Committee on 
                                Environment and Public Works of the 
                                Senate and the Committee on 
                                Transportation and Infrastructure of 
                                the House of Representatives a written 
                                notice that the project is entering the 
                                project development phase.
                    ``(B) Activities during project development 
                phase.--Concurrent with the analysis required to be 
                made under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), each applicant shall 
                develop sufficient information to enable the Secretary 
                to evaluate the project under subsection (g) or (h), as 
                applicable.
                    ``(C) Completion of project development activities 
                required.--
                            ``(i) In general.--Not later than 1 year 
                        after the date on which a project enters the 
                        project development phase, the applicant 
                        shall--
                                    ``(I) complete the activities 
                                required for the Secretary to evaluate 
                                the project under subsection (g) or 
                                (h), as applicable; and
                                    ``(II) submit to the Secretary 
                                documentation of the completion of 
                                those activities.
                            ``(ii) Extension of time.--On the request 
                        of an applicant, the Secretary may extend the 
                        time period under clause (i), if the applicant 
                        submits to the Secretary--
                                    ``(I) a reasonable plan for 
                                completing the activities required 
                                under this paragraph; and
                                    ``(II) an estimated time period 
                                within which the applicant will 
                                complete the activities.
            ``(2) Post-evaluation and final development phase.--A 
        project shall be considered to be in the post-evaluation and 
        final development phase if the Secretary, in the annual report 
        under subsection (i)--
                    ``(A) determines the project is justified under 
                subsection (g) or (h), as applicable; and
                    ``(B) recommends a grant amount under this section 
                in accordance with subsection (c) for the project.
            ``(3) Project advancement.--A proposed project may not 
        advance from the project development phase to the post-
        evaluation and final development phase, or from the post-
        evaluation and final development phase, to the construction 
        phase, unless the Secretary determines that--
                    ``(A) the project meets the applicable requirements 
                under this section; and
                    ``(B) there is a reasonable likelihood that the 
                project will continue to meet the requirements under 
                this section.
    ``(g) Evaluation of Large Projects.--
            ``(1) In general.--The Secretary may select a large project 
        for a grant under the program only if the Secretary evaluates 
        the proposed project and determines that the project is 
        justified because the project--
                    ``(A) in the case of a rehabilitation or 
                improvement project, addresses a need to improve the 
                condition of the bridge, as determined by the 
                Secretary, by--
                            ``(i) undertaking significant repairs and 
                        improvements, including any repairs that 
                        address conditions that caused the Secretary to 
                        identify the bridge as structurally deficient 
                        under section 144(b);
                            ``(ii) updating features that do not meet 
                        applicable engineering standards that are 
                        current as of the date of review of the 
                        features for the use of the bridge; or
                            ``(iii) improving structural elements the 
                        failure of which would cause the bridge, or a 
                        portion of the bridge, to collapse;
                    ``(B) in the case of a replacement project, will 
                obviate a need, as determined by the Secretary--
                            ``(i) to undertake significant repairs and 
                        improvements, including any repairs that 
                        address conditions that caused the Secretary to 
                        identify the bridge as structurally deficient 
                        under section 144(b);
                            ``(ii) to update features that do not meet 
                        applicable engineering standards that are 
                        current as of the date of review of the 
                        features for the use of the bridge; or
                            ``(iii) to improve structural elements the 
                        failure of which would cause the bridge, or a 
                        portion of the bridge, to collapse;
                    ``(C) will generate, as determined by the 
                Secretary, measurable--
                            ``(i) benefits derived from the prevention 
                        of closure or reduced use of a bridge to be 
                        rehabilitated, improved, or replaced;
                            ``(ii) safety benefits, including the 
                        reduction of accidents and related costs;
                            ``(iii) mobility benefits, including 
                        congestion reduction;
                            ``(iv) national or regional economic 
                        benefits;
                            ``(v) benefits from long-term resiliency to 
                        extreme weather, flooding, or sea level rise;
                            ``(vi) benefits from addressing seismic 
                        vulnerability;
                            ``(vii) environmental benefits; or
                            ``(viii) benefits to nonvehicular and 
                        public transportation users;
                    ``(D) is supported by an acceptable degree of non-
                Federal financial commitment, including stable and 
                dependable sources of funding and financing;
                    ``(E) is included in, and consistent with the goals 
                of, applicable asset management plans of the project 
                sponsor, including a State asset management plan under 
                section 119(e) in the case of a project sponsored by a 
                State; and
                    ``(F) on completion and subsequent operation, will 
                not reduce support, including the use of Federal and 
                non-Federal contributions, by the project sponsor or 
                other governmental entities in the region of the 
                project for the repair and maintenance of 
                transportation facilities eligible for assistance under 
                this title.
            ``(2) Ratings.--
                    ``(A) In general.--The Secretary shall develop a 
                methodology to evaluate and rate a project under this 
                subsection on a 5-point scale (the points of which 
                include `high', `medium-high', `medium', `medium-low', 
                and `low') for each of--
                            ``(i) subparagraph (A) or (B) of paragraph 
                        (1), as applicable;
                            ``(ii) paragraph (1)(C); and
                            ``(iii) paragraph (1)(D).
                    ``(B) Requirement.--To be eligible for a grant 
                under this subsection, a project shall receive a rating 
                of not less than `medium' under each of--
                            ``(i) subparagraph (A) or (B) of paragraph 
                        (1), as applicable;
                            ``(ii) paragraph (1)(C); and
                            ``(iii) paragraph (1)(D).
                    ``(C) Evaluating certain projects.--In evaluating 
                and rating a project under this paragraph with respect 
                to the benefits described in paragraph (1)(C)--
                            ``(i) except as provided in clause (ii), 
                        the Secretary shall evaluate the category of 
                        benefit described in each of clauses (i) 
                        through (vii) of that paragraph on a 5-point 
                        scale described in subparagraph (A);
                            ``(ii) in any case in which the project 
                        sponsor determines that a category of benefit 
                        referred to in clause (i) shall not be 
                        applicable to a proposed project, the Secretary 
                        shall not assign a rating to the category; and
                            ``(iii) for a project to receive a 
                        cumulative rating of `medium' for that 
                        paragraph, the Secretary shall not require a 
                        minimum level of benefits from any single 
                        category of benefit described in any of clauses 
                        (i) through (vii) of that paragraph.
                    ``(D) Non-federal financial requirement.--In 
                determining if a project is justified for purposes of 
                paragraph (1)(D), the Secretary shall require that--
                            ``(i) the proposed project plan provides 
                        for the availability of contingency amounts 
                        that the Secretary determines to be reasonable 
                        to cover unanticipated cost increases or 
                        funding shortfalls; and
                            ``(ii) each proposed non-Federal source of 
                        capital and operating funding and financing is 
                        stable, reliable, and available within the 
                        proposed project timetable.
                    ``(E) Evaluation of non-federal financial 
                commitment.--In assessing the stability, reliability, 
                and availability of proposed sources of proposed 
                sources of non-Federal funding and financing for 
                purposes of paragraph (1)(D), the Secretary shall 
                consider--
                            ``(i) the reliability of the forecasting 
                        methods used to estimate costs and revenues 
                        made by the applicant and the contractors of 
                        the applicant;
                            ``(ii) existing grant commitments;
                            ``(iii) the degree to which financing 
                        sources are dedicated to the proposed purposes;
                            ``(iv) any debt obligation that exists, or 
                        is proposed by the applicant, for the proposed 
                        project or other purpose;
                            ``(v) the extent to which the project has a 
                        non-Federal financial commitment that exceeds 
                        the required non-Federal share of the cost of 
                        the project; and
                            ``(vi) the extent to which the eligible 
                        applicant, project partners, or the entity that 
                        will operate the bridge following completion of 
                        the project will have sufficient financial 
                        resources to maintain or improve the condition 
                        of bridges under the control of that entity, 
                        including the bridge to be repaired, improved 
                        or replaced under the program following project 
                        completion.
    ``(h) Evaluation of Medium or Small Projects.--
            ``(1) In general.--The Secretary may select a medium or 
        small project or a program of medium or small projects for a 
        grant under the program only if the Secretary evaluates the 
        proposed project and determines that the project is justified 
        because the project--
                    ``(A) in the case of a rehabilitation project, 
                addresses a need, as determined by the Secretary, to 
                improve the condition of the bridge by--
                            ``(i) undertaking significant repairs and 
                        improvements, including any repairs that 
                        address conditions that caused the Secretary to 
                        identify the bridge as structurally deficient 
                        under section 144(b);
                            ``(ii) updating features that do not meet 
                        applicable engineering standards that are 
                        current as of the date of review of the 
                        features for the use of the bridge; or
                            ``(iii) improving structural elements the 
                        failure of which would cause the bridge, or a 
                        portion of the bridge, to collapse;
                    ``(B) in the case of a replacement or improvement 
                project--
                            ``(i) will obviate a need, as determined by 
                        the Secretary--
                                    ``(I) to undertake significant 
                                repairs and improvements, including any 
                                repairs that address conditions that 
                                caused the Secretary to identify the 
                                bridge as structurally deficient under 
                                section 144(b);
                                    ``(II) to update features that do 
                                not meet applicable engineering 
                                standards that are current as of the 
                                date of review of the features for the 
                                use of the bridge; or
                                    ``(III) to improve structural 
                                elements the failure of which would 
                                cause the bridge or a portion of the 
                                bridge to collapse;
                    ``(C) in the case of a project for which the 
                project sponsor requests a grant in an amount greater 
                than $25,000,000 under this section, will generate, as 
                determined by the Secretary, measurable--
                            ``(i) benefits derived from the prevention 
                        of closure or reduced use of a bridge or 
                        bridges to be rehabilitated, improved, or 
                        replaced;
                            ``(ii) benefits from executing a program of 
                        medium or small projects compared to 
                        traditionally delivered projects;
                            ``(iii) safety benefits, including the 
                        reduction of accidents and related costs;
                            ``(iv) mobility benefits, including 
                        congestion reduction;
                            ``(v) economic benefits;
                            ``(vi) benefits from long-term resiliency 
                        to extreme weather, flooding, or sea level 
                        rise;
                            ``(vii) benefits from addressing seismic 
                        vulnerability;
                            ``(viii) environmental benefits; or
                            ``(ix) benefits to nonvehicular and public 
                        transportation users;
                    ``(D) is supported by an acceptable degree of non-
                Federal financial commitment, including stable and 
                dependable sources of funding and financing;
                    ``(E) is included in, and consistent with the goals 
                of, applicable asset management plans of the sponsor, 
                including a State asset management plan under section 
                119(e), in the case of a project sponsored by a State; 
                and
                    ``(F) on completion and subsequent operation, will 
                not reduce support by the project sponsor for the 
                repair and maintenance of transportation facilities 
                eligible under this title.
            ``(2) Ratings.--
                    ``(A) In general.--The Secretary shall develop a 
                methodology to evaluate and rate a project under this 
                subsection on a 5-point scale (the points of which 
                include `high', `medium-high', `medium', `medium-low', 
                and `low') for each of--
                            ``(i) subparagraph (A) or (B) of paragraph 
                        (1), as applicable;
                            ``(ii) paragraph (1)(C), if applicable; and
                            ``(iii) paragraph (1)(D).
                    ``(B) Requirement.--To be eligible for a grant 
                under this subsection, a project shall receive a rating 
                of not less than `medium' under each of--
                            ``(i) subparagraph (A) or (B) of paragraph 
                        (1), as applicable;
                            ``(ii) paragraph (1)(C), if applicable; and
                            ``(iii) paragraph (1)(D).
                    ``(C) Evaluating certain projects.--In evaluating 
                and rating a project under this paragraph with respect 
                to the benefits described in paragraph (1)(C)--
                            ``(i) except as provided in clause (ii), 
                        the Secretary shall evaluate the category of 
                        benefit described in each of clauses (i) 
                        through (viii) of that paragraph on a 5-point 
                        scale described in subparagraph (A);
                            ``(ii) in any case in which the project 
                        sponsor determines that a category of benefit 
                        referred to in clause (i) shall not be 
                        applicable to a proposed project, the Secretary 
                        shall not assign a rating to the category; and
                            ``(iii) for a project to receive a 
                        cumulative rating of `medium' for that 
                        paragraph, the Secretary shall not require a 
                        minimum level of benefits from any single 
                        category of benefit described in any of clauses 
                        (i) through (viii) of that paragraph.
                    ``(D) Optional benefit evaluation.--
                            ``(i) In general.--In the case of a project 
                        for which the project sponsor requests a grant 
                        in an amount of $25,000,000 or less under this 
                        section, the project sponsor may request that 
                        the Secretary carry out an evaluation described 
                        in paragraph (1)(C).
                            ``(ii) Consideration.--If a project sponsor 
                        requests an evaluation under clause (i), the 
                        evaluation shall be considered by the Secretary 
                        in making funding recommendations under 
                        subsection (i).
                    ``(E) Non-federal financial requirement.--In 
                determining if a project is justified for purposes of 
                paragraph (1)(D), the Secretary shall require that each 
                proposed non-Federal source of capital and operating 
                funding and financing is stable, reliable, and 
                available within the proposed project timetable.
                    ``(F) Evaluation of non-federal financial 
                commitment.--In the case of a project for which the 
                project sponsor requests a grant in an amount greater 
                than $25,000,000 under this section, in assessing the 
                stability, reliability, and availability of proposed 
                sources of proposed sources of non-Federal funding and 
                financing for purposes of paragraph (1)(D), the 
                Secretary shall consider--
                            ``(i) the extent to which the project has a 
                        non-Federal financial commitment that exceeds 
                        the required non-Federal share of the cost of 
                        the project; and
                            ``(ii) the extent to which the eligible 
                        applicant, project partners, or the entity that 
                        will operate the bridge following completion of 
                        the project will have sufficient financial 
                        resources to maintain or improve the condition 
                        of bridges under the control of that entity, 
                        including the bridge to be repaired, improved 
                        or replaced under the program following project 
                        completion.
    ``(i) Annual Report on Funding Recommendations.--
            ``(1) In general.--Not later than the first Monday in 
        February of each year, 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 report that includes--
                    ``(A) a list of projects that have entered the 
                project development phase under subsection (f)(1);
                    ``(B) a list of projects--
                            ``(i) that have a signed multiyear grant 
                        agreement under subsection (m) and the amounts 
                        that the Secretary anticipates distributing for 
                        those projects based on the payout schedules in 
                        the multiyear grant agreements from funds 
                        anticipated to be available under this section 
                        for the next fiscal year; and
                            ``(ii) for which the Secretary anticipates 
                        signing a multiyear grant agreement under 
                        subsection (m), including--
                                    ``(I) any projects based on a prior 
                                recommendation from a report under this 
                                subsection; and
                                    ``(II) the amounts that the 
                                Secretary anticipates distributing for 
                                the projects based on the payout 
                                schedules in a multiyear grant 
                                agreement from funds anticipated to be 
                                available under this section for the 
                                following fiscal year and future fiscal 
                                years;
                    ``(C) a list of projects--
                            ``(i) that received a single year grant 
                        under subsection (c)(4)(A) and the amounts the 
                        Secretary distributed to those projects; and
                            ``(ii) to which the Secretary anticipates 
                        awarding a grant under subsection (c)(4)(A), 
                        including--
                                    ``(I) any projects based on a prior 
                                recommendation from a report under this 
                                subsection; and
                                    ``(II) the amounts the Secretary 
                                intends to distribute to the projects; 
                                and
                    ``(D) in the case of a project that has entered the 
                post-evaluation and final development phase under 
                subsection (f)(2), as part of the lists under 
                subparagraphs (B) and (C), as applicable--
                            ``(i) the evaluations and ratings under 
                        subsections (g) and (h), as applicable, for 
                        each project, used to determine whether the 
                        project is justified; and
                            ``(ii) a recommended amount of Federal 
                        assistance for each project from funds 
                        anticipated to be available under this section 
                        for the next fiscal year.
            ``(2) Considerations.--In making recommendations for 
        funding under paragraph (1)(D)(ii), the Secretary--
                    ``(A) shall consider the need for a balance between 
                the needs of rural and urban communities;
                    ``(B) shall allocate not less than 20 percent of 
                the amount anticipated to be available for grants under 
                the program for each fiscal year to projects in rural 
                areas;
                    ``(C) shall allocate not less than 20 percent of 
                the amount anticipated to be available for grants under 
                the program for each fiscal year to projects for off-
                system bridges under section 133(f);
                    ``(D) shall allocate not less than 40 percent of 
                the amount anticipated to be available for grants under 
                the program for each fiscal year to large projects;
                    ``(E) shall allocate not less than 20 percent of 
                the amount anticipated to be available for grants under 
                the program for each fiscal year to nationally or 
                regionally significant projects; and
                    ``(F) may consider use of innovative design and 
                construction techniques, or innovative technologies.
            ``(3) Excess funding.--
                    ``(A) In general.--In any fiscal year in which the 
                Secretary determines that the total amounts allocated 
                for any of subparagraphs (B) through (E) of paragraph 
                (2) will not be awarded in the next fiscal year, the 
                Secretary shall use the unutilized amounts to make 
                other grants under the program.
                    ``(B) Explanation.--If the Secretary makes a 
                determination described in subparagraph (A), the 
                Secretary shall include in the annual report under 
                paragraph (1) an explanation as to why the allocated 
                amounts will not be awarded.
            ``(4) Private sector participation.--The extent of private 
        sector participation in projects that receive a grant under the 
        program, including the use of nontraditional financing--
                    ``(A) shall be determined by State and local 
                policies, criteria, and decisionmaking; and
                    ``(B) shall not alter or influence any evaluation 
                under subsection (g) or (h) or recommendation for 
                funding under this section by the Secretary.
            ``(5) Deadline for evaluation.--To the maximum extent 
        practicable, the Secretary shall establish an annual date by 
        which, for a project to be recommended by the Secretary for 
        funding in the next annual report under paragraph (1), an 
        applicant shall complete the activities required for the 
        Secretary to evaluate the project under subsection (g) or (h), 
        as applicable, and submit to the Secretary documentation of the 
        completion of those activities.
    ``(j) Eligible Project Costs.--
            ``(1) In general.--A grant received for an eligible project 
        under the program may be used for--
                    ``(A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities;
                    ``(B) 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;
                    ``(C) expenses related to access roads and 
                structures, including interchanges, related to the 
                bridge to be replaced or rehabilitated that are 
                necessary for the efficient operation of the bridge or 
                delivery of measurable benefits following completion of 
                the project;
                    ``(D) project elements, infrastructure, and 
                features that facilitate crossing or access for public 
                transportation, bicycle traffic, and pedestrians;
                    ``(E) advanced transportation, safety, and 
                congestion management technologies that are necessary 
                for the efficient operation of the bridge or delivery 
                of measurable benefits following completion of the 
                project, including advanced traveler information 
                systems, advanced transportation management 
                technologies, infrastructure maintenance and condition 
                assessment technologies, transportation system 
                performance and monitoring technologies, advanced 
                safety systems, technologies associated with autonomous 
                vehicles, or collision avoidance technologies;
                    ``(F) expenses related to seismic retrofits of 
                bridges; and
                    ``(G) expenses related to the installation of fiber 
                optic cable or other communication technology that 
                benefits the public.
            ``(2) Calculation.--In calculating the total eligible costs 
        for a project, the Secretary shall include the cost of all 
        activities described in paragraph (1), regardless of the source 
        of funding or financing used by an eligible applicant to carry 
        out a project.
    ``(k) Federal Share.--
            ``(1) In general.--The Federal share of the cost of a 
        project for which a grant is provided under the program may not 
        exceed--
                    ``(A) in the case of a large project--
                            ``(i) 80 percent of eligible project costs, 
                        as determined by the Secretary under subsection 
                        (j), for the first $100,000,000; and
                            ``(ii) 60 percent of eligible project 
                        costs, as determined by the Secretary under 
                        subsection (j), for additional project costs; 
                        and
                    ``(B) in the case of a medium or small project or a 
                program of medium or small projects, 80 percent of 
                total eligible project costs, as determined by the 
                Secretary under subsection (j).
            ``(2) 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 80 
        percent of the total eligible project costs, as determined by 
        the Secretary under subsection (j).
            ``(3) Exceptions.--
                    ``(A) Certain states.--In the case of project for 
                which a grant is provided under the program in a State 
                described in section 120(b)(1)--
                            ``(i) the Federal share of the cost of the 
                        project shall be calculated in accordance with 
                        the formula under that section; and
                            ``(ii) the total Federal assistance for the 
                        project shall be calculated in accordance with 
                        the formula under that section.
                    ``(B) Off-system bridges.--In the case of project 
                for which a grant is provided under the program to 
                repair, rehabilitate or replace a structurally 
                deficient off-system bridge--
                            ``(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) the total Federal assistance 
                        provided for the project shall not exceed 90 
                        percent of the total eligible project costs, as 
                        determined by the Secretary under subsection 
                        (j).
            ``(4) Federal land management agencies.--Notwithstanding 
        any other provision of law, any Federal funds other than those 
        made available under this title or title 49 may be used to pay 
        the non-Federal share of the cost of a project under the 
        program by a Federal land management agency, as described in 
        subsection (d)(1)(F).
    ``(l) TIFIA Program.--On the request of an eligible applicant under 
this section, 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 project 
for which the grant was awarded.
    ``(m) Multiyear Grant Agreements.--
            ``(1) In general.--An eligible project for which a grant is 
        provided under subsection (c)(4)(B) shall be carried out 
        through a multiyear grant agreement in accordance with this 
        subsection.
            ``(2) Requirements.--A multiyear grant agreement for a 
        project 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;
                    ``(C) determine the period of time for completing 
                the project, even if that period extends beyond the 
                period of an authorization; and
                    ``(D) consistent with all applicable Federal laws 
                (including regulations), attempt to improve timely and 
                efficient management of the project.
            ``(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 efficiently 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.
    ``(n) Early Systems Work Agreements.--
            ``(1) In general.--In order to expedite a project under 
        this section, to the maximum extent practicable, the Secretary 
        shall enter into one or more early systems work agreements.
            ``(2) Conditions.--The Secretary may enter into an early 
        systems work agreement with an applicant if--
                    ``(A) a record of decision under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) has been issued on the project; and
                    ``(B) the project has entered the post-evaluation 
                and final development phase under subsection (f)(2).
            ``(3) Contents.--
                    ``(A) In general.--An early systems work agreement 
                under this subsection shall--
                            ``(i) obligate to the applicant budget 
                        authority available under this title; and
                            ``(ii) provide for reimbursement of 
                        preliminary costs of carrying out the project, 
                        including the cost of--
                                    ``(I) land acquisition;
                                    ``(II) timely procurement of system 
                                elements for which specifications are 
                                decided; and
                                    ``(III) other activities the 
                                Secretary determines to be appropriate 
                                to make efficient, long-term project 
                                management easier.
                    ``(B) Credit.--An early systems work agreement may 
                provide that on execution of a grant agreement under 
                this section, budget authority available under this 
                section may be credited to the applicant to reimburse 
                budget authority obligated under the early systems work 
                agreement if the early systems work agreement does not 
                alter the financing plan the applicant submitted to 
                Secretary for the project to be evaluated under 
                subsection (g) or (h), as applicable.
                    ``(C) Interest and other financing costs.--
                            ``(i) In general.--Interest and other 
                        financing costs of efficiently carrying out the 
                        early systems work agreement within a 
                        reasonable time shall be considered a cost of 
                        carrying out the 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.--To be eligible to 
                        enter into an agreement under this subsection, 
                        the applicant shall certify to the Secretary 
                        that the applicant has shown reasonable 
                        diligence in seeking the most favorable 
                        financing terms.
                    ``(D) Failure to carry out project.--If an 
                applicant does not carry out the project for reasons 
                within the control of the applicant, the applicant 
                shall repay all Federal grant funds awarded for the 
                project from all Federal funding sources, for all 
                project activities, facilities, and equipment, plus 
                reasonable interest and penalty charges allowable by 
                law or established by the Secretary in the early 
                systems work agreement.
    ``(o) 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 eligible project incurred prior to the date on which the 
        project receives funding under the program if--
                    ``(A) before the applicant carries out the 
                applicable portion of the eligible project, the 
                Secretary approves through a letter to the applicant 
                the plans and specifications for the applicable part of 
                the eligible project in the same manner as the 
                Secretary approves plans and specifications for other 
                projects under the program; and
                    ``(B) the portion of the eligible project 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 part of 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 part of 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 (g) or (h) or any recommendation by the 
                Secretary for funding under the program.
    ``(p) Congressional Notification.--Not later than 30 days before 
making a grant for a 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 project; and
            ``(2) the amount of the proposed grant.
    ``(q) Reports.--
            ``(1) Annual report.--Not later than September 30 of each 
        fiscal year, the Secretary shall make available on the website 
        of the Department of Transportation an annual report that lists 
        each project for which a grant has been provided under the 
        program during the fiscal year.
            ``(2) GAO assessment and report.--
                    ``(A) Assessment.--Not later than 1 year after the 
                date of enactment of the Bridge Investment Act, the 
                Comptroller General of the United States shall conduct 
                an assessment of the administrative establishment, 
                solicitation, selection, and justification process with 
                respect to the funding of grants under the program.
                    ``(B) Report.--Not later than 1 year after the date 
                on which a grant is first awarded under the program, 
                the Comptroller General of the United States 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 report that describes--
                            ``(i) the adequacy and fairness of the 
                        process under which each project that received 
                        a grant under the program was selected; and
                            ``(ii) the justification and criteria used 
                        for the selection of each project.
    ``(r) Policy Guidance and Rules.--
            ``(1) Policy guidance.--The Secretary shall issue policy 
        guidance regarding the review and evaluation process and 
        criteria under subsections (f), (g), and (h), as applicable--
                    ``(A) not later than 180 days after the date of 
                enactment of the Bridge Investment Act; and
                    ``(B) each time the Secretary makes significant 
                changes to the process and criteria, but not less 
                frequently than once every 2 years.
            ``(2) Rulemaking.--Not later than 1 year after the date of 
        enactment of the Bridge Investment Act, the Secretary shall 
        issue regulations establishing an evaluation and rating process 
        for--
                    ``(A) large projects under subsection (g); and
                    ``(B) medium or small projects and programs of 
                medium or small projects under subsection (h).
    ``(s) Maintenance of Effort and Treatment of Projects.--
            ``(1) Maintenance of effort.--
                    ``(A) In general.--For each grant awarded to a 
                project under this section, not later than 30 days 
                after the date on which the grant is awarded, the 
                Governor of the State in which the project is located 
                shall submit to the Secretary--
                            ``(i) a certification that the State will 
                        maintain effort with regard to State funding 
                        for the repair and maintenance of 
                        transportation facilities eligible for 
                        assistance under this title; and
                            ``(ii) as part of the certification, a 
                        statement that identifies the amount of funds 
                        the State planned to expend from State sources 
                        for the fiscal year preceding the year in which 
                        a grant is distributed.
                    ``(B) Prohibition on additional obligation 
                authority.--If a State is unable to maintain the level 
                of effort certified under subparagraph (A), the 
                Secretary shall not redistribute additional obligation 
                authority under section 1102 of the FAST Act (23 U.S.C. 
                104 note; Public Law 114-94) to the State for the next 
                fiscal year.
                    ``(C) Certain crossings.--
                            ``(i) Interstate crossings.--For purposes 
                        of subparagraph (A), in the case of a project 
                        that involves an interstate crossing--
                                    ``(I) the Governors of each State 
                                in which the project is located shall 
                                determine the amount that shall be 
                                attributable to each State from the 
                                amount that is distributed to a project 
                                under this section; and
                                    ``(II) if the Governors do not make 
                                the determination under subclause (I) 
                                by the date that is 30 days after the 
                                date on which a grant is awarded, the 
                                Secretary shall make the determination.
                            ``(ii) International crossings.--For 
                        purposes of subparagraph (A), in the case of a 
                        project that involves an international 
                        crossing, the Secretary shall determine the 
                        amount that shall be attributable to the State 
                        in which the crossing originates.
            ``(2) Treatment of projects.--Notwithstanding any other 
        provision of law, a project under this section shall be treated 
        as a highway project on a Federal-aid highway under this 
        chapter.
    ``(t) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $7,500,000,000 for each of fiscal 
years 2018 through 2027.''.
    (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.''.
                                 <all>
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