II 

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. 

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 

5 Act’’. 


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1 SEC. 2. BRIDGE INVESTMENT PROGRAM. 

2 (a) IN GENERAL.—Title 23, United States Code, is 

3 amended by inserting after section 123 the following: 

4 ‘‘§ 124. Bridge investment program 

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

6 ‘‘(1) ELIGIBLE PROJECT.—The term ‘eligible 

7 project’ means— 

8 ‘‘(A) a large project to repair, improve, re9 habilitate, or replace a bridge on a public road; 

10 ‘‘(B) a medium or small project to repair, 

11 improve, rehabilitate, or replace a bridge on a 

12 public road; and 

13 ‘‘(C) a program of medium or small 

14 projects to repair, improve, rehabilitate, or re15 place a bridge on a public road. 

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

17 project’ means a project with total eligible project 

18 costs, as determined by the Secretary under sub19 section (j), of greater than $100,000,000. 

20 ‘‘(3) MEDIUM OR SMALL PROJECT.—The term 

21 ‘medium or small project’ means a project with total 

22 eligible project costs, as determined by the Secretary 

23 under subsection (j), equal to or less than 

24 $100,000,000. 


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1 ‘‘(4) NATIONALLY OR REGIONALLY SIGNIFI2 CANT PROJECT.—The term ‘nationally or regionally 

3 significant project’ means a large project— 

4 ‘‘(A) for which an eligible applicant seeks 

5 more than $500,000,000 of assistance under 

6 this section; and 

7 ‘‘(B) that addresses significant national or 

8 regional needs, as determined by the Secretary. 

9 ‘‘(5) PROGRAM.—The term ‘program’ means 

10 the bridge investment program established by sub11 section (b)(1). 

12 ‘‘(6) PROGRAM OF MEDIUM OR SMALL

13 PROJECTS.—The term ‘program of medium or small 

14 projects’ means the simultaneous development of 2 

15 of more medium or small projects for which the total 

16 eligible project costs, as determined by the Secretary 

17 under subsection (j) for all projects, are equal to or 

18 less than $100,000,000. 

19 ‘‘(7) RURAL AREA.—The term ‘rural area’ 

20 means an area that is outside an urbanized area 

21 with a population of over 200,000. 

22 ‘‘(b) ESTABLISHMENT OF PROGRAM.— 

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

24 bridge investment program to provide financial as25 sistance for eligible projects under this section. 


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

2 be— 

3 ‘‘(A) to repair, improve, rehabilitate, or re4 place bridges to improve the safety, efficiency, 

5 and reliability of the movement of people and 

6 freight over bridges; 

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

8 the United States by reducing— 

9 ‘‘(i) the number of bridges in need of 

10 significant repairs; 

11 ‘‘(ii) the number of bridges with de12 signs that do not meet applicable engineer13 ing standards that are current as of the 

14 date of review of the designs; 

15 ‘‘(iii) the number of bridges with de16 signs that are not suitable for the use (as 

17 determined on the date of review of the de18 signs) of those bridges; and 

19 ‘‘(iv) the number of bridges with 

20 structural elements the failure of which 

21 would cause the bridge or a portion of the 

22 bridge to collapse; and 

23 ‘‘(C) to provide financial assistance that 

24 leverages and encourages non-Federal contribu25 tions from sponsors and stakeholders involved 


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1 in the planning, development, and construction 

2 of eligible projects. 

3 ‘‘(c) GRANT AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—In carrying out the pro5 gram, the Secretary may award grants, on a com6 petitive basis, in accordance with this section. 

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

8 provided, a grant under this program shall be— 

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

10 than $40,000,000; and 

11 ‘‘(B) in the case of a medium or small 

12 project or a program of medium or small 

13 projects, not less than $2,500,000. 

14 ‘‘(3) MINIMUM AMOUNT.—Except as otherwise 

15 provided, for an eligible project receiving assistance 

16 under the program, the total amount of assistance 

17 provided by the Secretary under this section shall be 

18 not less than 40 percent of total eligible project 

19 costs, as determined by the Secretary under sub20 section (j), unless the eligible applicant requests a 

21 smaller amount of assistance. 

22 ‘‘(4) DISTRIBUTION OF GRANTS.— 

23 ‘‘(A) GRANTS LESS THAN $100,000,000.—To 

24 the maximum extent practicable, if the Sec25 retary awards for an eligible project a grant in 


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1 an amount less than $100,000,000, the funds 

2 shall be made available in 1 distribution. 

3 ‘‘(B) GRANTS EQUAL TO OR GREATER

4 THAN $100,000,000.—To the maximum extent 

5 practicable, if the Secretary awards for an eligi6 ble project a grant in an amount equal to or 

7 greater than $100,000,000, the funds shall be 

8 made available in accordance with a multiyear 

9 grant agreement under subsection (m). 

10 ‘‘(d) ELIGIBLE APPLICANTS.— 

11 ‘‘(1) IN GENERAL.—The Secretary may make a 

12 grant under the program to any of the following: 

13 ‘‘(A) A State or a group of States. 

14 ‘‘(B) A metropolitan planning organization 

15 that serves an urbanized area (as defined by 

16 the Bureau of the Census). 

17 ‘‘(C) A unit of local government or a group 

18 of local governments. 

19 ‘‘(D) A political subdivision of a State or 

20 local government. 

21 ‘‘(E) A special purpose district or public 

22 authority with a transportation function. 

23 ‘‘(F) A Federal land management agency 

24 that applies jointly with a State or group of 

25 States. 


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1 ‘‘(G) An Indian tribe. 

2 ‘‘(H) A multistate or multijurisdictional 

3 group of entities described in subparagraphs 

4 (A) through (G). 

5 ‘‘(2) APPLICATIONS.—To be eligible for a grant 

6 under the program, an eligible entity shall submit to 

7 the Secretary an application in such form, at such 

8 time, and containing such information as the Sec9 retary determines to be appropriate. 

10 ‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Sec11 retary may make a grant under the program only for an 

12 eligible project that— 

13 ‘‘(1) the Secretary determines is justified based 

14 on an evaluation under subsection (g) or (h), as ap15 plicable; 

16 ‘‘(2) the Secretary recommends for funding in 

17 the annual report on funding recommendations 

18 under subsection (i); 

19 ‘‘(3) is reasonably expected to begin construc20 tion not later than 18 months after the date on 

21 which funds are obligated for the project; and 

22 ‘‘(4) is based on— 

23 ‘‘(A) the results of preliminary engineer24 ing; or 


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1 ‘‘(B) asset management planning that in2 cludes a reasonable cost estimate for a noncom3 plex project or noncomplex elements of a pro4 gram of medium or small projects. 

5 ‘‘(f) PROJECT PHASES.— 

6 ‘‘(1) PROJECT DEVELOPMENT PHASE.— 

7 ‘‘(A) IN GENERAL.—A project shall be con8 sidered to have entered the project development 

9 phase if— 

10 ‘‘(i) an eligible entity under subsection 

11 (d)(1)— 

12 ‘‘(I) submits an application to 

13 the Secretary describing the project 

14 and requesting entry into the project 

15 development phase; and 

16 ‘‘(II) activities required to be car17 ried out under the National Environ18 mental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.) with respect to the 

20 project have been initiated; and 

21 ‘‘(ii) not later than 45 days after the 

22 date on which the Secretary receives the 

23 application under clause (i)(I), the Sec24 retary— 


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1 ‘‘(I) provides to the applicant 

2 written notice that the information 

3 provided is sufficient to enter into the 

4 project development phase; and 

5 ‘‘(II) submits to the Committee 

6 on Environment and Public Works of 

7 the Senate and the Committee on 

8 Transportation and Infrastructure of 

9 the House of Representatives a writ10 ten notice that the project is entering 

11 the project development phase. 

12 ‘‘(B) ACTIVITIES DURING PROJECT DEVEL13 OPMENT PHASE.—Concurrent with the analysis 

14 required to be made under the National Envi15 ronmental Policy Act of 1969 (42 U.S.C. 4321 

16 et seq.), each applicant shall develop sufficient 

17 information to enable the Secretary to evaluate 

18 the project under subsection (g) or (h), as ap19 plicable. 

20 ‘‘(C) COMPLETION OF PROJECT DEVELOP21 MENT ACTIVITIES REQUIRED.— 

22 ‘‘(i) IN GENERAL.—Not later than 1 

23 year after the date on which a project en24 ters the project development phase, the ap25 plicant shall— 


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1 ‘‘(I) complete the activities re2 quired for the Secretary to evaluate 

3 the project under subsection (g) or 

4 (h), as applicable; and 

5 ‘‘(II) submit to the Secretary 

6 documentation of the completion of 

7 those activities. 

8 ‘‘(ii) EXTENSION OF TIME.—On the 

9 request of an applicant, the Secretary may 

10 extend the time period under clause (i), if 

11 the applicant submits to the Secretary— 

12 ‘‘(I) a reasonable plan for com13 pleting the activities required under 

14 this paragraph; and 

15 ‘‘(II) an estimated time period 

16 within which the applicant will com17 plete the activities. 

18 ‘‘(2) POST-EVALUATION AND FINAL DEVELOP19 MENT PHASE.—A project shall be considered to be 

20 in the post-evaluation and final development phase if 

21 the Secretary, in the annual report under subsection 

22 (i)— 

23 ‘‘(A) determines the project is justified 

24 under subsection (g) or (h), as applicable; and 


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1 ‘‘(B) recommends a grant amount under 

2 this section in accordance with subsection (c) 

3 for the project. 

4 ‘‘(3) PROJECT ADVANCEMENT.—A proposed 

5 project may not advance from the project develop6 ment phase to the post-evaluation and final develop7 ment phase, or from the post-evaluation and final 

8 development phase, to the construction phase, unless 

9 the Secretary determines that— 

10 ‘‘(A) the project meets the applicable re11 quirements under this section; and 

12 ‘‘(B) there is a reasonable likelihood that 

13 the project will continue to meet the require14 ments under this section. 

15 ‘‘(g) EVALUATION OF LARGE PROJECTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary may select a 

17 large project for a grant under the program only if 

18 the Secretary evaluates the proposed project and de19 termines that the project is justified because the 

20 project— 

21 ‘‘(A) in the case of a rehabilitation or im22 provement project, addresses a need to improve 

23 the condition of the bridge, as determined by 

24 the Secretary, by— 


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1 ‘‘(i) undertaking significant repairs 

2 and improvements, including any repairs 

3 that address conditions that caused the 

4 Secretary to identify the bridge as struc5 turally deficient under section 144(b); 

6 ‘‘(ii) updating features that do not 

7 meet applicable engineering standards that 

8 are current as of the date of review of the 

9 features for the use of the bridge; or 

10 ‘‘(iii) improving structural elements 

11 the failure of which would cause the 

12 bridge, or a portion of the bridge, to col13 lapse; 

14 ‘‘(B) in the case of a replacement project, 

15 will obviate a need, as determined by the Sec16 retary— 

17 ‘‘(i) to undertake significant repairs 

18 and improvements, including any repairs 

19 that address conditions that caused the 

20 Secretary to identify the bridge as struc21 turally deficient under section 144(b); 

22 ‘‘(ii) to update features that do not 

23 meet applicable engineering standards that 

24 are current as of the date of review of the 

25 features for the use of the bridge; or 


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1 ‘‘(iii) to improve structural elements 

2 the failure of which would cause the 

3 bridge, or a portion of the bridge, to col4 lapse; 

5 ‘‘(C) will generate, as determined by the 

6 Secretary, measurable— 

7 ‘‘(i) benefits derived from the preven8 tion of closure or reduced use of a bridge 

9 to be rehabilitated, improved, or replaced; 

10 ‘‘(ii) safety benefits, including the re11 duction of accidents and related costs; 

12 ‘‘(iii) mobility benefits, including con13 gestion reduction; 

14 ‘‘(iv) national or regional economic 

15 benefits; 

16 ‘‘(v) benefits from long-term resiliency 

17 to extreme weather, flooding, or sea level 

18 rise; 

19 ‘‘(vi) benefits from addressing seismic 

20 vulnerability; 

21 ‘‘(vii) environmental benefits; or 

22 ‘‘(viii) benefits to nonvehicular and 

23 public transportation users; 

24 ‘‘(D) is supported by an acceptable degree 

25 of non-Federal financial commitment, including 


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1 stable and dependable sources of funding and 

2 financing; 

3 ‘‘(E) is included in, and consistent with the 

4 goals of, applicable asset management plans of 

5 the project sponsor, including a State asset 

6 management plan under section 119(e) in the 

7 case of a project sponsored by a State; and 

8 ‘‘(F) on completion and subsequent oper9 ation, will not reduce support, including the use 

10 of Federal and non-Federal contributions, by 

11 the project sponsor or other governmental enti12 ties in the region of the project for the repair 

13 and maintenance of transportation facilities eli14 gible for assistance under this title. 

15 ‘‘(2) RATINGS.— 

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

17 develop a methodology to evaluate and rate a 

18 project under this subsection on a 5-point scale 

19 (the points of which include ‘high’, ‘medium20 high’, ‘medium’, ‘medium-low’, and ‘low’) for 

21 each of— 

22 ‘‘(i) subparagraph (A) or (B) of para23 graph (1), as applicable; 

24 ‘‘(ii) paragraph (1)(C); and 

25 ‘‘(iii) paragraph (1)(D). 


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1 ‘‘(B) REQUIREMENT.—To be eligible for a 

2 grant under this subsection, a project shall re3 ceive a rating of not less than ‘medium’ under 

4 each of— 

5 ‘‘(i) subparagraph (A) or (B) of para6 graph (1), as applicable; 

7 ‘‘(ii) paragraph (1)(C); and 

8 ‘‘(iii) paragraph (1)(D). 

9 ‘‘(C) EVALUATING CERTAIN PROJECTS.— 

10 In evaluating and rating a project under this 

11 paragraph with respect to the benefits described 

12 in paragraph (1)(C)— 

13 ‘‘(i) except as provided in clause (ii), 

14 the Secretary shall evaluate the category of 

15 benefit described in each of clauses (i) 

16 through (vii) of that paragraph on a 5- 

17 point scale described in subparagraph (A); 

18 ‘‘(ii) in any case in which the project 

19 sponsor determines that a category of ben20 efit referred to in clause (i) shall not be 

21 applicable to a proposed project, the Sec22 retary shall not assign a rating to the cat23 egory; and 

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1 graph, the Secretary shall not require a 

2 minimum level of benefits from any single 

3 category of benefit described in any of 

4 clauses (i) through (vii) of that paragraph. 

5 ‘‘(D) NON-FEDERAL FINANCIAL REQUIRE6 MENT.—In determining if a project is justified 

7 for purposes of paragraph (1)(D), the Secretary 

8 shall require that— 

9 ‘‘(i) the proposed project plan pro10 vides for the availability of contingency 

11 amounts that the Secretary determines to 

12 be reasonable to cover unanticipated cost 

13 increases or funding shortfalls; and 

14 ‘‘(ii) each proposed non-Federal 

15 source of capital and operating funding 

16 and financing is stable, reliable, and avail17 able within the proposed project timetable. 

18 ‘‘(E) EVALUATION OF NON-FEDERAL FI19 NANCIAL COMMITMENT.—In assessing the sta20 bility, reliability, and availability of proposed 

21 sources of proposed sources of non-Federal 

22 funding and financing for purposes of para23 graph (1)(D), the Secretary shall consider— 

24 ‘‘(i) the reliability of the forecasting 

25 methods used to estimate costs and reveVerDate Sep 11 2014 23:55 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2279.IS S2279

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1 nues made by the applicant and the con2 tractors of the applicant; 

3 ‘‘(ii) existing grant commitments; 

4 ‘‘(iii) the degree to which financing 

5 sources are dedicated to the proposed pur6 poses; 

7 ‘‘(iv) any debt obligation that exists, 

8 or is proposed by the applicant, for the 

9 proposed project or other purpose; 

10 ‘‘(v) the extent to which the project 

11 has a non-Federal financial commitment 

12 that exceeds the required non-Federal 

13 share of the cost of the project; and 

14 ‘‘(vi) the extent to which the eligible 

15 applicant, project partners, or the entity 

16 that will operate the bridge following com17 pletion of the project will have sufficient fi18 nancial resources to maintain or improve 

19 the condition of bridges under the control 

20 of that entity, including the bridge to be 

21 repaired, improved or replaced under the 

22 program following project completion. 

23 ‘‘(h) EVALUATION OF MEDIUM OR SMALL

24 PROJECTS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may select a 

2 medium or small project or a program of medium or 

3 small projects for a grant under the program only 

4 if the Secretary evaluates the proposed project and 

5 determines that the project is justified because the 

6 project— 

7 ‘‘(A) in the case of a rehabilitation project, 

8 addresses a need, as determined by the Sec9 retary, to improve the condition of the bridge 

10 by— 

11 ‘‘(i) undertaking significant repairs 

12 and improvements, including any repairs 

13 that address conditions that caused the 

14 Secretary to identify the bridge as struc15 turally deficient under section 144(b); 

16 ‘‘(ii) updating features that do not 

17 meet applicable engineering standards that 

18 are current as of the date of review of the 

19 features for the use of the bridge; or 

20 ‘‘(iii) improving structural elements 

21 the failure of which would cause the 

22 bridge, or a portion of the bridge, to col23 lapse; 

24 ‘‘(B) in the case of a replacement or im25 provement project— 


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1 ‘‘(i) will obviate a need, as determined 

2 by the Secretary— 

3 ‘‘(I) to undertake significant re4 pairs and improvements, including 

5 any repairs that address conditions 

6 that caused the Secretary to identify 

7 the bridge as structurally deficient 

8 under section 144(b); 

9 ‘‘(II) to update features that do 

10 not meet applicable engineering stand11 ards that are current as of the date of 

12 review of the features for the use of 

13 the bridge; or 

14 ‘‘(III) to improve structural ele15 ments the failure of which would 

16 cause the bridge or a portion of the 

17 bridge to collapse; 

18 ‘‘(C) in the case of a project for which the 

19 project sponsor requests a grant in an amount 

20 greater than $25,000,000 under this section, 

21 will generate, as determined by the Secretary, 

22 measurable— 

23 ‘‘(i) benefits derived from the preven24 tion of closure or reduced use of a bridge 


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1 or bridges to be rehabilitated, improved, or 

2 replaced; 

3 ‘‘(ii) benefits from executing a pro4 gram of medium or small projects com5 pared to traditionally delivered projects; 

6 ‘‘(iii) safety benefits, including the re7 duction of accidents and related costs; 

8 ‘‘(iv) mobility benefits, including con9 gestion reduction; 

10 ‘‘(v) economic benefits; 

11 ‘‘(vi) benefits from long-term resil12 iency to extreme weather, flooding, or sea 

13 level rise; 

14 ‘‘(vii) benefits from addressing seismic 

15 vulnerability; 

16 ‘‘(viii) environmental benefits; or 

17 ‘‘(ix) benefits to nonvehicular and 

18 public transportation users; 

19 ‘‘(D) is supported by an acceptable degree 

20 of non-Federal financial commitment, including 

21 stable and dependable sources of funding and 

22 financing; 

23 ‘‘(E) is included in, and consistent with the 

24 goals of, applicable asset management plans of 

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1 ment plan under section 119(e), in the case of 

2 a project sponsored by a State; and 

3 ‘‘(F) on completion and subsequent oper4 ation, will not reduce support by the project 

5 sponsor for the repair and maintenance of 

6 transportation facilities eligible under this title. 

7 ‘‘(2) RATINGS.— 

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

9 develop a methodology to evaluate and rate a 

10 project under this subsection on a 5-point scale 

11 (the points of which include ‘high’, ‘medium12 high’, ‘medium’, ‘medium-low’, and ‘low’) for 

13 each of— 

14 ‘‘(i) subparagraph (A) or (B) of para15 graph (1), as applicable; 

16 ‘‘(ii) paragraph (1)(C), if applicable; 

17 and 

18 ‘‘(iii) paragraph (1)(D). 

19 ‘‘(B) REQUIREMENT.—To be eligible for a 

20 grant under this subsection, a project shall re21 ceive a rating of not less than ‘medium’ under 

22 each of— 

23 ‘‘(i) subparagraph (A) or (B) of para24 graph (1), as applicable; 


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1 ‘‘(ii) paragraph (1)(C), if applicable; 

2 and 

3 ‘‘(iii) paragraph (1)(D). 

4 ‘‘(C) EVALUATING CERTAIN PROJECTS.— 

5 In evaluating and rating a project under this 

6 paragraph with respect to the benefits described 

7 in paragraph (1)(C)— 

8 ‘‘(i) except as provided in clause (ii), 

9 the Secretary shall evaluate the category of 

10 benefit described in each of clauses (i) 

11 through (viii) of that paragraph on a 5- 

12 point scale described in subparagraph (A); 

13 ‘‘(ii) in any case in which the project 

14 sponsor determines that a category of ben15 efit referred to in clause (i) shall not be 

16 applicable to a proposed project, the Sec17 retary shall not assign a rating to the cat18 egory; and 

19 ‘‘(iii) for a project to receive a cumu20 lative rating of ‘medium’ for that para21 graph, the Secretary shall not require a 

22 minimum level of benefits from any single 

23 category of benefit described in any of 

24 clauses (i) through (viii) of that paragraph. 

25 ‘‘(D) OPTIONAL BENEFIT EVALUATION.— 


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1 ‘‘(i) IN GENERAL.—In the case of a 

2 project for which the project sponsor re3 quests a grant in an amount of 

4 $25,000,000 or less under this section, the 

5 project sponsor may request that the Sec6 retary carry out an evaluation described in 

7 paragraph (1)(C). 

8 ‘‘(ii) CONSIDERATION.—If a project 

9 sponsor requests an evaluation under 

10 clause (i), the evaluation shall be consid11 ered by the Secretary in making funding 

12 recommendations under subsection (i). 

13 ‘‘(E) NON-FEDERAL FINANCIAL REQUIRE14 MENT.—In determining if a project is justified 

15 for purposes of paragraph (1)(D), the Secretary 

16 shall require that each proposed non-Federal 

17 source of capital and operating funding and fi18 nancing is stable, reliable, and available within 

19 the proposed project timetable. 

20 ‘‘(F) EVALUATION OF NON-FEDERAL FI21 NANCIAL COMMITMENT.—In the case of a 

22 project for which the project sponsor requests a 

23 grant in an amount greater than $25,000,000 

24 under this section, in assessing the stability, re25 liability, and availability of proposed sources of 


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1 proposed sources of non-Federal funding and fi2 nancing for purposes of paragraph (1)(D), the 

3 Secretary shall consider— 

4 ‘‘(i) the extent to which the project 

5 has a non-Federal financial commitment 

6 that exceeds the required non-Federal 

7 share of the cost of the project; and 

8 ‘‘(ii) the extent to which the eligible 

9 applicant, project partners, or the entity 

10 that will operate the bridge following com11 pletion of the project will have sufficient fi12 nancial resources to maintain or improve 

13 the condition of bridges under the control 

14 of that entity, including the bridge to be 

15 repaired, improved or replaced under the 

16 program following project completion. 

17 ‘‘(i) ANNUAL REPORT ON FUNDING RECOMMENDA18 TIONS.— 

19 ‘‘(1) IN GENERAL.—Not later than the first 

20 Monday in February of each year, the Secretary 

21 shall submit to the Committee on Transportation 

22 and Infrastructure of the House of Representatives 

23 and the Committee on Environment and Public 

24 Works of the Senate a report that includes— 


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1 ‘‘(A) a list of projects that have entered 

2 the project development phase under subsection 

3 (f)(1); 

4 ‘‘(B) a list of projects— 

5 ‘‘(i) that have a signed multiyear 

6 grant agreement under subsection (m) and 

7 the amounts that the Secretary anticipates 

8 distributing for those projects based on the 

9 payout schedules in the multiyear grant 

10 agreements from funds anticipated to be 

11 available under this section for the next 

12 fiscal year; and 

13 ‘‘(ii) for which the Secretary antici14 pates signing a multiyear grant agreement 

15 under subsection (m), including— 

16 ‘‘(I) any projects based on a 

17 prior recommendation from a report 

18 under this subsection; and 

19 ‘‘(II) the amounts that the Sec20 retary anticipates distributing for the 

21 projects based on the payout sched22 ules in a multiyear grant agreement 

23 from funds anticipated to be available 

24 under this section for the following 

25 fiscal year and future fiscal years; 


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1 ‘‘(C) a list of projects— 

2 ‘‘(i) that received a single year grant 

3 under subsection (c)(4)(A) and the 

4 amounts the Secretary distributed to those 

5 projects; and 

6 ‘‘(ii) to which the Secretary antici7 pates awarding a grant under subsection 

8 (c)(4)(A), including— 

9 ‘‘(I) any projects based on a 

10 prior recommendation from a report 

11 under this subsection; and 

12 ‘‘(II) the amounts the Secretary 

13 intends to distribute to the projects; 

14 and 

15 ‘‘(D) in the case of a project that has en16 tered the post-evaluation and final development 

17 phase under subsection (f)(2), as part of the 

18 lists under subparagraphs (B) and (C), as ap19 plicable— 

20 ‘‘(i) the evaluations and ratings under 

21 subsections (g) and (h), as applicable, for 

22 each project, used to determine whether 

23 the project is justified; and 

24 ‘‘(ii) a recommended amount of Fed25 eral assistance for each project from funds 


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1 anticipated to be available under this sec2 tion for the next fiscal year. 

3 ‘‘(2) CONSIDERATIONS.—In making rec4 ommendations for funding under paragraph 

5 (1)(D)(ii), the Secretary— 

6 ‘‘(A) shall consider the need for a balance 

7 between the needs of rural and urban commu8 nities; 

9 ‘‘(B) shall allocate not less than 20 percent 

10 of the amount anticipated to be available for 

11 grants under the program for each fiscal year 

12 to projects in rural areas; 

13 ‘‘(C) shall allocate not less than 20 percent 

14 of the amount anticipated to be available for 

15 grants under the program for each fiscal year 

16 to projects for off-system bridges under section 

17 133(f); 

18 ‘‘(D) shall allocate not less than 40 percent 

19 of the amount anticipated to be available for 

20 grants under the program for each fiscal year 

21 to large projects; 

22 ‘‘(E) shall allocate not less than 20 percent 

23 of the amount anticipated to be available for 

24 grants under the program for each fiscal year 


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1 to nationally or regionally significant projects; 

2 and 

3 ‘‘(F) may consider use of innovative design 

4 and construction techniques, or innovative tech5 nologies. 

6 ‘‘(3) EXCESS FUNDING.— 

7 ‘‘(A) IN GENERAL.—In any fiscal year in 

8 which the Secretary determines that the total 

9 amounts allocated for any of subparagraphs (B) 

10 through (E) of paragraph (2) will not be award11 ed in the next fiscal year, the Secretary shall 

12 use the unutilized amounts to make other 

13 grants under the program. 

14 ‘‘(B) EXPLANATION.—If the Secretary 

15 makes a determination described in subpara16 graph (A), the Secretary shall include in the 

17 annual report under paragraph (1) an expla18 nation as to why the allocated amounts will not 

19 be awarded. 

20 ‘‘(4) PRIVATE SECTOR PARTICIPATION.—The 

21 extent of private sector participation in projects that 

22 receive a grant under the program, including the use 

23 of nontraditional financing— 

24 ‘‘(A) shall be determined by State and 

25 local policies, criteria, and decisionmaking; and 


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1 ‘‘(B) shall not alter or influence any eval2 uation under subsection (g) or (h) or rec3 ommendation for funding under this section by 

4 the Secretary. 

5 ‘‘(5) DEADLINE FOR EVALUATION.—To the 

6 maximum extent practicable, the Secretary shall es7 tablish an annual date by which, for a project to be 

8 recommended by the Secretary for funding in the 

9 next annual report under paragraph (1), an appli10 cant shall complete the activities required for the 

11 Secretary to evaluate the project under subsection 

12 (g) or (h), as applicable, and submit to the Secretary 

13 documentation of the completion of those activities. 

14 ‘‘(j) ELIGIBLE PROJECT COSTS.— 

15 ‘‘(1) IN GENERAL.—A grant received for an eli16 gible project under the program may be used for— 

17 ‘‘(A) development phase activities, includ18 ing planning, feasibility analysis, revenue fore19 casting, environmental review, preliminary engi20 neering and design work, and other 

21 preconstruction activities; 

22 ‘‘(B) construction, reconstruction, rehabili23 tation, acquisition of real property (including 

24 land related to the project and improvements to 

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1 tion contingencies, acquisition of equipment, 

2 and operational improvements directly related 

3 to improving system performance; 

4 ‘‘(C) expenses related to access roads and 

5 structures, including interchanges, related to 

6 the bridge to be replaced or rehabilitated that 

7 are necessary for the efficient operation of the 

8 bridge or delivery of measurable benefits fol9 lowing completion of the project; 

10 ‘‘(D) project elements, infrastructure, and 

11 features that facilitate crossing or access for 

12 public transportation, bicycle traffic, and pedes13 trians; 

14 ‘‘(E) advanced transportation, safety, and 

15 congestion management technologies that are 

16 necessary for the efficient operation of the 

17 bridge or delivery of measurable benefits fol18 lowing completion of the project, including ad19 vanced traveler information systems, advanced 

20 transportation management technologies, infra21 structure maintenance and condition assess22 ment technologies, transportation system per23 formance and monitoring technologies, ad24 vanced safety systems, technologies associated 


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1 with autonomous vehicles, or collision avoidance 

2 technologies; 

3 ‘‘(F) expenses related to seismic retrofits 

4 of bridges; and 

5 ‘‘(G) expenses related to the installation of 

6 fiber optic cable or other communication tech7 nology that benefits the public. 

8 ‘‘(2) CALCULATION.—In calculating the total el9 igible costs for a project, the Secretary shall include 

10 the cost of all activities described in paragraph (1), 

11 regardless of the source of funding or financing used 

12 by an eligible applicant to carry out a project. 

13 ‘‘(k) FEDERAL SHARE.— 

14 ‘‘(1) IN GENERAL.—The Federal share of the 

15 cost of a project for which a grant is provided under 

16 the program may not exceed— 

17 ‘‘(A) in the case of a large project— 

18 ‘‘(i) 80 percent of eligible project 

19 costs, as determined by the Secretary 

20 under subsection (j), for the first 

21 $100,000,000; and 

22 ‘‘(ii) 60 percent of eligible project 

23 costs, as determined by the Secretary 

24 under subsection (j), for additional project 

25 costs; and 


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1 ‘‘(B) in the case of a medium or small 

2 project or a program of medium or small 

3 projects, 80 percent of total eligible project 

4 costs, as determined by the Secretary under 

5 subsection (j). 

6 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed7 eral assistance other than a grant under the pro8 gram may be used to satisfy the non-Federal share 

9 of the cost of a project for which a grant is made, 

10 except that the total Federal assistance provided for 

11 a project receiving a grant under the program may 

12 not exceed 80 percent of the total eligible project 

13 costs, as determined by the Secretary under sub14 section (j). 

15 ‘‘(3) EXCEPTIONS.— 

16 ‘‘(A) CERTAIN STATES.—In the case of 

17 project for which a grant is provided under the 

18 program in a State described in section 

19 120(b)(1)— 

20 ‘‘(i) the Federal share of the cost of 

21 the project shall be calculated in accord22 ance with the formula under that section; 

23 and 


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1 ‘‘(ii) the total Federal assistance for 

2 the project shall be calculated in accord3 ance with the formula under that section. 

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

5 of project for which a grant is provided under 

6 the program to repair, rehabilitate or replace a 

7 structurally deficient off-system bridge— 

8 ‘‘(i) Federal assistance other than a 

9 grant under the program may be used to 

10 satisfy the non-Federal share of the cost of 

11 a project; and 

12 ‘‘(ii) the total Federal assistance pro13 vided for the project shall not exceed 90 

14 percent of the total eligible project costs, 

15 as determined by the Secretary under sub16 section (j). 

17 ‘‘(4) FEDERAL LAND MANAGEMENT AGEN18 CIES.—Notwithstanding any other provision of law, 

19 any Federal funds other than those made available 

20 under this title or title 49 may be used to pay the 

21 non-Federal share of the cost of a project under the 

22 program by a Federal land management agency, as 

23 described in subsection (d)(1)(F). 

24 ‘‘(l) TIFIA PROGRAM.—On the request of an eligible 

25 applicant under this section, the Secretary may use 


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1 amounts awarded to the entity to pay subsidy and admin2 istrative costs necessary to provide to the entity Federal 

3 credit assistance under chapter 6 with respect to the 

4 project for which the grant was awarded. 

5 ‘‘(m) MULTIYEAR GRANT AGREEMENTS.— 

6 ‘‘(1) IN GENERAL.—An eligible project for 

7 which a grant is provided under subsection (c)(4)(B) 

8 shall be carried out through a multiyear grant agree9 ment in accordance with this subsection. 

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

11 agreement for a project shall— 

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

13 the Federal Government in the project; 

14 ‘‘(B) establish the maximum amount of 

15 Federal financial assistance for the project; 

16 ‘‘(C) determine the period of time for com17 pleting the project, even if that period extends 

18 beyond the period of an authorization; and 

19 ‘‘(D) consistent with all applicable Federal 

20 laws (including regulations), attempt to improve 

21 timely and efficient management of the project. 

22 ‘‘(3) SPECIAL FINANCIAL RULES.— 

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

24 agreement under this subsection— 


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1 ‘‘(i) shall obligate an amount of avail2 able budget authority specified in law; and 

3 ‘‘(ii) may include a commitment, con4 tingent on amounts to be specified in law 

5 in advance for commitments under this 

6 paragraph, to obligate an additional 

7 amount from future available budget au8 thority specified in law. 

9 ‘‘(B) STATEMENT OF CONTINGENT COM10 MITMENT.—The agreement shall state that the 

11 contingent commitment is not an obligation of 

12 the Federal Government. 

13 ‘‘(C) INTEREST AND OTHER FINANCING

14 COSTS.— 

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

16 financing costs of efficiently carrying out a 

17 part of the project within a reasonable 

18 time shall be considered a cost of carrying 

19 out the project under a multiyear grant 

20 agreement, except that eligible costs may 

21 not be more than the cost of the most fa22 vorable financing terms reasonably avail23 able for the project at the time of bor24 rowing. 


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1 ‘‘(ii) CERTIFICATION.—The applicant 

2 shall certify to the Secretary that the ap3 plicant has shown reasonable diligence in 

4 seeking the most favorable financing 

5 terms. 

6 ‘‘(n) EARLY SYSTEMS WORK AGREEMENTS.— 

7 ‘‘(1) IN GENERAL.—In order to expedite a 

8 project under this section, to the maximum extent 

9 practicable, the Secretary shall enter into one or 

10 more early systems work agreements. 

11 ‘‘(2) CONDITIONS.—The Secretary may enter 

12 into an early systems work agreement with an appli13 cant if— 

14 ‘‘(A) a record of decision under the Na15 tional Environmental Policy Act of 1969 (42 

16 U.S.C. 4321 et seq.) has been issued on the 

17 project; and 

18 ‘‘(B) the project has entered the post-eval19 uation and final development phase under sub20 section (f)(2). 

21 ‘‘(3) CONTENTS.— 

22 ‘‘(A) IN GENERAL.—An early systems 

23 work agreement under this subsection shall— 

24 ‘‘(i) obligate to the applicant budget 

25 authority available under this title; and 


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1 ‘‘(ii) provide for reimbursement of 

2 preliminary costs of carrying out the 

3 project, including the cost of— 

4 ‘‘(I) land acquisition; 

5 ‘‘(II) timely procurement of sys6 tem elements for which specifications 

7 are decided; and 

8 ‘‘(III) other activities the Sec9 retary determines to be appropriate to 

10 make efficient, long-term project man11 agement easier. 

12 ‘‘(B) CREDIT.—An early systems work 

13 agreement may provide that on execution of a 

14 grant agreement under this section, budget au15 thority available under this section may be cred16 ited to the applicant to reimburse budget au17 thority obligated under the early systems work 

18 agreement if the early systems work agreement 

19 does not alter the financing plan the applicant 

20 submitted to Secretary for the project to be 

21 evaluated under subsection (g) or (h), as appli22 cable. 

23 ‘‘(C) INTEREST AND OTHER FINANCING

24 COSTS.— 


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

2 financing costs of efficiently carrying out 

3 the early systems work agreement within a 

4 reasonable time shall be considered a cost 

5 of carrying out the agreement, except that 

6 eligible costs may not be more than the 

7 cost of the most favorable financing terms 

8 reasonably available for the project at the 

9 time of borrowing. 

10 ‘‘(ii) CERTIFICATION.—To be eligible 

11 to enter into an agreement under this sub12 section, the applicant shall certify to the 

13 Secretary that the applicant has shown 

14 reasonable diligence in seeking the most 

15 favorable financing terms. 

16 ‘‘(D) FAILURE TO CARRY OUT PROJECT.— 

17 If an applicant does not carry out the project 

18 for reasons within the control of the applicant, 

19 the applicant shall repay all Federal grant 

20 funds awarded for the project from all Federal 

21 funding sources, for all project activities, facili22 ties, and equipment, plus reasonable interest 

23 and penalty charges allowable by law or estab24 lished by the Secretary in the early systems 

25 work agreement. 


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1 ‘‘(o) UNDERTAKING PARTS OF PROJECTS IN AD2 VANCE UNDER LETTERS OF NO PREJUDICE.— 

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

4 an applicant all eligible project costs under the pro5 gram, including costs for an eligible project incurred 

6 prior to the date on which the project receives fund7 ing under the program if— 

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

9 applicable portion of the eligible project, the 

10 Secretary approves through a letter to the ap11 plicant the plans and specifications for the ap12 plicable part of the eligible project in the same 

13 manner as the Secretary approves plans and 

14 specifications for other projects under the pro15 gram; and 

16 ‘‘(B) the portion of the eligible project is 

17 carried out without Federal assistance and in 

18 accordance with all applicable procedures and 

19 requirements. 

20 ‘‘(2) INTEREST AND OTHER FINANCING

21 COSTS.— 

22 ‘‘(A) IN GENERAL.—For purposes of para23 graph (1), the cost of carrying out part of an 

24 eligible project includes the amount of interest 

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1 est earned and payable on bonds, to the extent 

2 interest and other financing costs are expended 

3 in carrying out the part of the eligible project, 

4 except that interest and other financing costs 

5 may not be more than the cost of the most fa6 vorable financing terms reasonably available for 

7 the eligible project at the time of 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 (g) or (h) or any recommenda20 tion by the Secretary for funding under the pro21 gram. 

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

23 than 30 days before making a grant for a project under 

24 the program, the Secretary shall submit to the Committee 

25 on Transportation and Infrastructure of the House of 


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1 Representatives and the Committee on Environment and 

2 Public Works of the Senate a written notification of the 

3 proposed grant that includes— 

4 ‘‘(1) an evaluation and justification for the 

5 project; and 

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

7 ‘‘(q) REPORTS.— 

8 ‘‘(1) ANNUAL REPORT.—Not later than Sep9 tember 30 of each fiscal year, the Secretary shall 

10 make available on the website of the Department of 

11 Transportation an annual report that lists each 

12 project for which a grant has been provided under 

13 the program during the fiscal year. 

14 ‘‘(2) GAO ASSESSMENT AND REPORT.— 

15 ‘‘(A) ASSESSMENT.—Not later than 1 year 

16 after the date of enactment of the Bridge In17 vestment Act, the Comptroller General of the 

18 United States shall conduct an assessment of 

19 the administrative establishment, solicitation, 

20 selection, and justification process with respect 

21 to the funding of grants under the program. 

22 ‘‘(B) REPORT.—Not later than 1 year 

23 after the date on which a grant is first awarded 

24 under the program, the Comptroller General of 

25 the United States shall submit to the ComVerDate Sep 11 2014 23:55 Jan 04, 2018 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2279.IS S2279

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1 mittee on Transportation and Infrastructure of 

2 the House of Representatives and the Com3 mittee on Environment and Public Works of the 

4 Senate a report that describes— 

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

6 process under which each project that re7 ceived a grant under the program was se8 lected; and 

9 ‘‘(ii) the justification and criteria used 

10 for the selection of each project. 

11 ‘‘(r) POLICY GUIDANCE AND RULES.— 

12 ‘‘(1) POLICY GUIDANCE.—The Secretary shall 

13 issue policy guidance regarding the review and eval14 uation process and criteria under subsections (f), 

15 (g), and (h), as applicable— 

16 ‘‘(A) not later than 180 days after the date 

17 of enactment of the Bridge Investment Act; and 

18 ‘‘(B) each time the Secretary makes sig19 nificant changes to the process and criteria, but 

20 not less frequently than once every 2 years. 

21 ‘‘(2) RULEMAKING.—Not later than 1 year 

22 after the date of enactment of the Bridge Invest23 ment Act, the Secretary shall issue regulations es24 tablishing an evaluation and rating process for— 


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1 ‘‘(A) large projects under subsection (g); 

2 and 

3 ‘‘(B) medium or small projects and pro4 grams of medium or small projects under sub5 section (h). 

6 ‘‘(s) MAINTENANCE OF EFFORT AND TREATMENT OF

7 PROJECTS.— 

8 ‘‘(1) MAINTENANCE OF EFFORT.— 

9 ‘‘(A) IN GENERAL.—For each grant 

10 awarded to a project under this section, not 

11 later than 30 days after the date on which the 

12 grant is awarded, the Governor of the State in 

13 which the project is located shall submit to the 

14 Secretary— 

15 ‘‘(i) a certification that the State will 

16 maintain effort with regard to State fund17 ing for the repair and maintenance of 

18 transportation facilities eligible for assist19 ance under this title; and 

20 ‘‘(ii) as part of the certification, a 

21 statement that identifies the amount of 

22 funds the State planned to expend from 

23 State sources for the fiscal year preceding 

24 the year in which a grant is distributed. 


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1 ‘‘(B) PROHIBITION ON ADDITIONAL OBLI2 GATION AUTHORITY.—If a State is unable to 

3 maintain the level of effort certified under sub4 paragraph (A), the Secretary shall not redis5 tribute additional obligation authority under 

6 section 1102 of the FAST Act (23 U.S.C. 104 

7 note; Public Law 114–94) to the State for the 

8 next fiscal year. 

9 ‘‘(C) CERTAIN CROSSINGS.— 

10 ‘‘(i) INTERSTATE CROSSINGS.—For 

11 purposes of subparagraph (A), in the case 

12 of a project that involves an interstate 

13 crossing— 

14 ‘‘(I) the Governors of each State 

15 in which the project is located shall 

16 determine the amount that shall be 

17 attributable to each State from the 

18 amount that is distributed to a project 

19 under this section; and 

20 ‘‘(II) if the Governors do not 

21 make the determination under sub22 clause (I) by the date that is 30 days 

23 after the date on which a grant is 

24 awarded, the Secretary shall make the 

25 determination. 


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1 ‘‘(ii) INTERNATIONAL CROSSINGS.— 

2 For purposes of subparagraph (A), in the 

3 case of a project that involves an inter4 national crossing, the Secretary shall de5 termine the amount that shall be attrib6 utable to the State in which the crossing 

7 originates. 

8 ‘‘(2) TREATMENT OF PROJECTS.—Notwith9 standing any other provision of law, a project under 

10 this section shall be treated as a highway project on 

11 a Federal-aid highway under this chapter. 

12 ‘‘(t) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated out of the Highway Trust 

14 Fund (other than the Mass Transit Account) to carry out 

15 this section $7,500,000,000 for each of fiscal years 2018 

16 through 2027.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 1 of title 23, United States Code, is amended by insert19 ing after the item relating to section 123 the following: 

‘‘124. Bridge investment program.’’. 

Æ 


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