II 

116TH CONGRESS 

1ST SESSION S. 2310 

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 

JULY 29, 2019 

Mr. BROWN (for himself, Mr. INHOFE, Mr. WHITEHOUSE, Mr. WICKER, Mr. 

WYDEN, Mrs. CAPITO, Mr. VAN HOLLEN, Mr. PORTMAN, and Mr. MARKEY) 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 Act 

5 of 2019’’. 


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1 SEC. 2. BRIDGE INVESTMENT PROGRAM. 

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

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

4 following: 

5 ‘‘§ 124. Bridge investment program 

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

7 ‘‘(1) ELIGIBLE PROJECT.— 

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

9 project’ means a project to replace, rehabilitate, 

10 preserve, or protect 1 or more bridges on the 

11 National Bridge Inventory under section 

12 144(b). 

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

14 project’ includes— 

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

16 subparagraph (A), regardless of whether 

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

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

21 flood control and improved habitat 

22 connectivity for aquatic species. 

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

24 project’ means an eligible project with total eligible 

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


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

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

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

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

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

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

10 be— 

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

12 reliability of the movement of people and freight 

13 over bridges; 

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

15 the United States by reducing— 

16 ‘‘(i) the number of bridges— 

17 ‘‘(I) in poor condition; or 

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

19 of falling into poor condition within 

20 the next 3 years; 

21 ‘‘(ii) the total person miles traveled 

22 over bridges— 

23 ‘‘(I) in poor condition; or 


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

2 of falling into poor condition within 

3 the next 3 years; 

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

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

7 ‘‘(II) cannot meet the load and 

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

10 ‘‘(iv) the total person miles traveled 

11 over bridges that— 

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

14 ‘‘(II) cannot meet the load and 

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

17 ‘‘(C) to provide financial assistance that 

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

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

22 ‘‘(c) GRANT AUTHORITY.— 

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


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

2 provided, a grant under the program shall be— 

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

4 amount that is— 

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

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

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

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

10 project, in an amount that is— 

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

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

14 ‘‘(ii) not less than $2,500,000. 

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

16 provided, for an eligible project receiving assistance 

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

19 of eligible project costs, shall be— 

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

21 more than 50 percent; and 

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

23 project, not more than 80 percent. 

24 ‘‘(4) FEDERAL SHARE.— 


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

3 under the program may be used to satisfy the 

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

5 which a grant is made, except that the total 

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

8 the Federal share for the project under section 

9 120. 

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

11 of an eligible project for an off-system bridge 

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

13 ‘‘(i) Federal assistance other than a 

14 grant under the program may be used to 

15 satisfy the non-Federal share of the cost of 

16 a project; and 

17 ‘‘(ii) notwithstanding subparagraph 

18 (A), the total Federal assistance provided 

19 for the project shall not exceed 90 percent 

20 of the total eligible project costs. 

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

24 funds other than Federal funds made available 

25 under this section may be used to pay the reVerDate Sep 11 2014 22:21 Aug 07, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2310.IS S2310

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1 maining share of the cost of a project under the 

2 program by a Federal land management agency 

3 or a Tribal government or consortium of Tribal 

4 governments. 

5 ‘‘(5) CONSIDERATIONS.— 

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

7 under the program, the Secretary shall con8 sider— 

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

10 ratings assigned under subsection 

11 (g)(5)(A); 

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

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

15 ‘‘(iii) the average daily person and 

16 freight throughput supported by the eligi17 ble project; 

18 ‘‘(iv) the number and percentage of 

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

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

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

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

25 of a Federal land management agency, the 


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1 extent to which the grant would reduce a 

2 Federal liability or Federal infrastructure 

3 maintenance backlog; 

4 ‘‘(vii) geographic diversity among 

5 grant recipients, including the need for a 

6 balance between the needs of rural and 

7 urban communities; and 

8 ‘‘(viii) the extent to which a bridge 

9 that would be assisted with a grant— 

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

11 ‘‘(aa) at risk of falling into 

12 or remaining in poor condition; 

13 or 

14 ‘‘(bb) in fair condition and 

15 at risk of falling into poor condi16 tion within the next 3 years; 

17 ‘‘(II) does not meet current geo18 metric design standards based on— 

19 ‘‘(aa) the current use of the 

20 bridge; or 

21 ‘‘(bb) load and traffic re22 quirements typical of the regional 

23 corridor or local network in 

24 which the bridge is located; or 


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1 ‘‘(III) does not meet current seis2 mic design standards. 

3 ‘‘(B) REQUIREMENT.—The Secretary 

4 shall— 

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

6 an eligible project that is located within a 

7 State for which— 

8 ‘‘(I) 2 or more applications for 

9 eligible projects within the State were 

10 submitted for the current fiscal year 

11 and an average of 2 or more applica12 tions for eligible projects within the 

13 State were submitted in prior fiscal 

14 years of the program; and 

15 ‘‘(II) fewer than 2 grants have 

16 been awarded for eligible projects 

17 within the State under the program; 

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

19 2021 through 2025, for each State de20 scribed in clause (i), select— 

21 ‘‘(I) not fewer than 1 large 

22 project that the Secretary determines 

23 is justified under the evaluation under 

24 subsection (g)(4); or 


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1 ‘‘(II) 2 eligible projects that are 

2 not large projects that the Secretary 

3 determines are justified under the 

4 evaluation under subsection (f)(3); 

5 and 

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

7 for an eligible project that the Secretary 

8 does not determine is justified under an 

9 evaluation under subsection (f)(3) or 

10 (g)(4). 

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

12 percent of the amounts made available for each fis13 cal year for grants under the program may be used 

14 for eligible projects that consist solely of culvert re15 placement or rehabilitation. 

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

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

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

19 ‘‘(2) A metropolitan planning organization that 

20 serves an urbanized area (as designated by the Bu21 reau of the Census) with a population of over 

22 200,000. 

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

24 local governments. 


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

2 government. 

3 ‘‘(5) A special purpose district or public author4 ity with a transportation function. 

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

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

7 Tribal governments. 

8 ‘‘(8) A multistate or multijurisdictional group 

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

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

12 eligible entity for an eligible project that— 

13 ‘‘(1) in the case of a large project, the Sec14 retary recommends for funding in the annual report 

15 on funding recommendations under subsection 

16 (g)(6); 

17 ‘‘(2) is reasonably expected to begin construc18 tion not later than 18 months after the date on 

19 which funds are obligated for the project; and 

20 ‘‘(3) is based on the results of preliminary engi21 neering. 

22 ‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF

23 ELIGIBLE PROJECTS OTHER THAN LARGE PROJECTS.— 

24 ‘‘(1) COMPETITIVE PROCESS.— 

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


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

2 funds are made available for obligation 

3 under the program, not later than 60 days 

4 after the date on which the template under 

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

6 subsequent fiscal years, not later than 60 

7 days after the date on which amounts are 

8 made available for obligation under the 

9 program, solicit grant applications for eli10 gible projects other than large projects; 

11 and 

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

13 date on which the solicitation under clause 

14 (i) expires, conduct evaluations under 

15 paragraph (3). 

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

17 subparagraph (A), the Secretary shall— 

18 ‘‘(i) develop a template for applicants 

19 to use to summarize project needs and 

20 benefits, including benefits described in 

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

22 ‘‘(ii) enable applicants to use data 

23 from the National Bridge Inventory under 

24 section 144(b) to populate templates de25 scribed in clause (i), as applicable. 


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

2 submit to the Secretary an application at such time, 

3 in such manner, and containing such information as 

4 the Secretary may require. 

5 ‘‘(3) EVALUATION.— 

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

7 grant under this subsection, the Secretary 

8 shall— 

9 ‘‘(i) conduct an evaluation of each eli10 gible project for which an application is re11 ceived under this subsection; and 

12 ‘‘(ii) assign a quality rating to the eli13 gible project on the basis of the evaluation 

14 under clause (i). 

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

16 evaluation under subparagraph (A), the Sec17 retary shall— 

18 ‘‘(i) consider information on project 

19 benefits submitted by the applicant using 

20 the template developed under paragraph 

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

22 will generate, as determined by the Sec23 retary— 


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1 ‘‘(I) costs avoided by the preven2 tion of closure or reduced use of the 

3 bridge to be improved by the project; 

4 ‘‘(II) in the case of a bundle of 

5 projects, benefits from executing the 

6 projects as a bundle compared to as 

7 individual projects; 

8 ‘‘(III) safety benefits, including 

9 the reduction of accidents and related 

10 costs; 

11 ‘‘(IV) person and freight mobility 

12 benefits, including congestion reduc13 tion and reliability improvements; 

14 ‘‘(V) national or regional eco15 nomic benefits; 

16 ‘‘(VI) benefits from long-term re17 siliency to extreme weather events, 

18 flooding, or other natural disasters; 

19 ‘‘(VII) benefits from protection 

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

21 including improving seismic or scour 

22 protection; 

23 ‘‘(VIII) environmental benefits, 

24 including wildlife connectivity; 


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1 ‘‘(IX) benefits to nonvehicular 

2 and public transportation users; 

3 ‘‘(X) benefits of using— 

4 ‘‘(aa) innovative design and 

5 construction techniques; or 

6 ‘‘(bb) innovative tech7 nologies; or 

8 ‘‘(XI) reductions in maintenance 

9 costs, including, in the case of a feder10 ally owned bridge, cost savings to the 

11 Federal budget; and 

12 ‘‘(ii) consider whether and the extent 

13 to which the benefits, including the bene14 fits described in clause (i), are more likely 

15 than not to outweigh the total project 

16 costs. 

17 ‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND AN18 NUAL REPORT FOR LARGE PROJECTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall estab20 lish an annual date by which an eligible entity sub21 mitting an application for a large project shall sub22 mit to the Secretary such information as the Sec23 retary may require, including information described 

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

25 considered for a recommendation by the Secretary 


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1 for funding in the next annual report under para2 graph (6). 

3 ‘‘(2) INFORMATION REQUIRED.—The informa4 tion referred to in paragraph (1) includes— 

5 ‘‘(A) all necessary information required for 

6 the Secretary to evaluate the large project; and 

7 ‘‘(B) information sufficient for the Sec8 retary to determine that— 

9 ‘‘(i) the large project meets the appli10 cable requirements under this section; and 

11 ‘‘(ii) there is a reasonable likelihood 

12 that the large project will continue to meet 

13 the requirements under this section. 

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

15 determination that information submitted to the 

16 Secretary under paragraph (1) is sufficient, the Sec17 retary shall provide a written notice of that deter18 mination to— 

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

20 application; 

21 ‘‘(B) the Committee on Environment and 

22 Public Works of the Senate; and 

23 ‘‘(C) the Committee on Transportation and 

24 Infrastructure of the House of Representatives. 


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1 ‘‘(4) EVALUATION.—The Secretary may rec2 ommend a large project for funding in the annual 

3 report under paragraph (6) only if the Secretary 

4 evaluates the proposed project and determines that 

5 the project is justified because the project— 

6 ‘‘(A) addresses a need to improve the con7 dition of the bridge, as determined by the Sec8 retary, consistent with the goals of the program 

9 under subsection (b)(2); 

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

11 Secretary— 

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

13 closure or reduced use of the bridge to be 

14 improved by the project; 

15 ‘‘(ii) in the case of a bundle of 

16 projects, benefits from executing the 

17 projects as a bundle compared to as indi18 vidual projects; 

19 ‘‘(iii) safety benefits, including the re20 duction of accidents and related costs; 

21 ‘‘(iv) person and freight mobility bene22 fits, including congestion reduction and re23 liability improvements; 

24 ‘‘(v) national or regional economic 

25 benefits; 


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1 ‘‘(vi) benefits from long-term resil2 iency to extreme weather events, flooding, 

3 or other natural disasters; 

4 ‘‘(vii) benefits from protection (as de5 scribed in section 133(b)(10)), including 

6 improving seismic or scour protection; 

7 ‘‘(viii) environmental benefits, includ8 ing wildlife connectivity; 

9 ‘‘(ix) benefits to nonvehicular and 

10 public transportation users; 

11 ‘‘(x) benefits of using— 

12 ‘‘(I) innovative design and con13 struction techniques; or 

14 ‘‘(II) innovative technologies; or 

15 ‘‘(xi) reductions in maintenance costs, 

16 including, in the case of a federally owned 

17 bridge, cost savings to the Federal budget; 

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

19 of whether the benefits and avoided costs de20 scribed in subparagraph (B) are expected to 

21 outweigh the project costs; 

22 ‘‘(D) is supported by other Federal or non23 Federal financial commitments or revenues ade24 quate to fund ongoing maintenance and preser25 vation; and 


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

2 applicable asset management plan of the project 

3 sponsor, including a State asset management 

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

5 project on the National Highway System that is 

6 sponsored by a State. 

7 ‘‘(5) RATINGS.— 

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

9 develop a methodology to evaluate and rate a 

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

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

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

13 ‘‘(i) paragraph (4)(B); 

14 ‘‘(ii) paragraph (4)(C); and 

15 ‘‘(iii) paragraph (4)(D). 

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

17 justified and receive a recommendation for 

18 funding in the annual report under paragraph 

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

20 than ‘medium’ for each rating required under 

21 subparagraph (A). 

22 ‘‘(6) ANNUAL REPORT ON FUNDING REC23 OMMENDATIONS FOR LARGE PROJECTS.— 

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

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1 retary shall submit to the Committees on 

2 Transportation and Infrastructure and Appro3 priations of the House of Representatives and 

4 the Committees on Environment and Public 

5 Works and Appropriations of the Senate a re6 port that includes— 

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

8 requested a recommendation for funding 

9 under a new grant agreement from funds 

10 anticipated to be available to carry out this 

11 subsection in the next fiscal year; 

12 ‘‘(ii) the evaluation under paragraph 

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

14 each project referred to in clause (i); 

15 ‘‘(iii) the grant amounts that the Sec16 retary recommends providing to large 

17 projects in the next fiscal year, including— 

18 ‘‘(I) scheduled payments under 

19 previously signed multiyear grant 

20 agreements under subsection (j); 

21 ‘‘(II) payments for new grant 

22 agreements, including single-year 

23 grant agreements and multiyear grant 

24 agreements; and 


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1 ‘‘(III) a description of how 

2 amounts anticipated to be available 

3 for the program from the Highway 

4 Trust Fund for that fiscal year will be 

5 distributed; and 

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

7 Secretary recommends a new multiyear 

8 grant agreement under subsection (j), the 

9 proposed payout schedule for the project. 

10 ‘‘(B) LIMITATIONS.— 

11 ‘‘(i) IN GENERAL.—The Secretary 

12 shall not recommend in an annual report 

13 under this paragraph a new multiyear 

14 grant agreement provided from funds from 

15 the Highway Trust Fund unless the Sec16 retary determines that the project can be 

17 completed using funds that are anticipated 

18 to be available from the Highway Trust 

19 Fund in future fiscal years. 

20 ‘‘(ii) GENERAL FUND PROJECTS.— 

21 The Secretary— 

22 ‘‘(I) may recommend for funding 

23 in an annual report under this para24 graph a large project using funds 


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1 from the general fund of the Treas2 ury; but 

3 ‘‘(II) shall not execute a grant 

4 agreement for that project unless— 

5 ‘‘(aa) funds other than from 

6 the Highway Trust Fund have 

7 been made available for the 

8 project; and 

9 ‘‘(bb) the Secretary deter10 mines that the project can be 

11 completed using funds other than 

12 from the Highway Trust Fund 

13 that are anticipated to be avail14 able in future fiscal years. 

15 ‘‘(C) CONSIDERATIONS.—In selecting 

16 projects to recommend for funding in the an17 nual report under this paragraph, the Secretary 

18 shall— 

19 ‘‘(i) consider the amount of funds 

20 available in future fiscal years for 

21 multiyear grant agreements as described in 

22 subparagraph (B); and 

23 ‘‘(ii) assume the availability of funds 

24 in future fiscal years for multiyear grant 

25 agreements that extend beyond the period 


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1 of authorization based on the amount 

2 made available for large projects under the 

3 program in the last fiscal year of the pe4 riod of authorization. 

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

6 projects to recommend for funding in the an7 nual report under this paragraph, the Secretary 

8 shall ensure diversity among projects rec9 ommended based on— 

10 ‘‘(i) the amount of the grant re11 quested; and 

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

13 1 bridge compared to an eligible project 

14 that is a bundle of projects. 

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

16 for an eligible project under the program may be used 

17 for— 

18 ‘‘(1) development phase activities, including 

19 planning, feasibility analysis, revenue forecasting, 

20 environmental review, preliminary engineering and 

21 design work, and other preconstruction activities; 

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

23 acquisition of real property (including land related 

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1 quisition of equipment, and operational improve2 ments directly related to improving system perform3 ance; and 

4 ‘‘(3) expenses related to the protection (as de5 scribed in section 133(b)(10)) of a bridge, including 

6 seismic or scour protection. 

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

8 entity carrying out an eligible project, the Secretary may 

9 use amounts awarded to the entity to pay subsidy and ad10 ministrative costs necessary to provide to the entity Fed11 eral credit assistance under chapter 6 with respect to the 

12 eligible project for which the grant was awarded. 

13 ‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE

14 PROJECTS.— 

15 ‘‘(1) IN GENERAL.—A large project that re16 ceives a grant under the program in an amount of 

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

18 through a multiyear grant agreement in accordance 

19 with this subsection. 

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

21 agreement for a large project described in paragraph 

22 (1) shall— 

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

24 the Federal Government in the project; 


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1 ‘‘(B) establish the maximum amount of 

2 Federal financial assistance for the project in 

3 accordance with paragraphs (3) and (4) of sub4 section (c); 

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

6 project that provides for disbursement of the 

7 full grant amount by not later than 4 fiscal 

8 years after the fiscal year in which the initial 

9 amount is provided; 

10 ‘‘(D) determine the period of time for com11 pleting the project, even if that period extends 

12 beyond the period of an authorization; and 

13 ‘‘(E) attempt to improve timely and effi14 cient management of the project, consistent 

15 with all applicable Federal laws (including regu16 lations). 

17 ‘‘(3) SPECIAL FINANCIAL RULES.— 

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

19 agreement under this subsection— 

20 ‘‘(i) shall obligate an amount of avail21 able budget authority specified in law; and 

22 ‘‘(ii) may include a commitment, con23 tingent on amounts to be specified in law 

24 in advance for commitments under this 

25 paragraph, to obligate an additional 


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1 amount from future available budget au2 thority specified in law. 

3 ‘‘(B) STATEMENT OF CONTINGENT COM4 MITMENT.—The agreement shall state that the 

5 contingent commitment is not an obligation of 

6 the Federal Government. 

7 ‘‘(C) INTEREST AND OTHER FINANCING

8 COSTS.— 

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

10 financing costs of carrying out a part of 

11 the project within a reasonable time shall 

12 be considered a cost of carrying out the 

13 project under a multiyear grant agreement, 

14 except that eligible costs may not be more 

15 than the cost of the most favorable financ16 ing terms reasonably available for the 

17 project at the time of borrowing. 

18 ‘‘(ii) CERTIFICATION.—The applicant 

19 shall certify to the Secretary that the ap20 plicant has shown reasonable diligence in 

21 seeking the most favorable financing 

22 terms. 

23 ‘‘(4) ADVANCE PAYMENT.—Notwithstanding 

24 any other provision of law, an eligible entity carrying 


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1 out a large project under a multiyear grant agree2 ment— 

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

4 eligible entity under this title for eligible project 

5 costs of the large project until the amount spec6 ified in the multiyear grant agreement for the 

7 project for that fiscal year becomes available for 

8 obligation; and 

9 ‘‘(B) if the eligible entity uses funds as de10 scribed in subparagraph (A), the funds used 

11 shall be reimbursed from the amount made 

12 available under the multiyear grant agreement 

13 for the project. 

14 ‘‘(k) UNDERTAKING PARTS OF PROJECTS IN AD15 VANCE UNDER LETTERS OF NO PREJUDICE.— 

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

17 an applicant all eligible project costs under the pro18 gram, including costs for an activity for an eligible 

19 project incurred prior to the date on which the 

20 project receives funding under the program if— 

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

22 activity, the Secretary approves through a letter 

23 to the applicant the activity in the same man24 ner as the Secretary approves other activities as 

25 eligible under the program; 


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

2 significant impact, or a categorical exclusion 

3 under the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.) has been issued 

5 for the eligible project; and 

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

7 Federal assistance and in accordance with all 

8 applicable procedures and requirements. 

9 ‘‘(2) INTEREST AND OTHER FINANCING

10 COSTS.— 

11 ‘‘(A) IN GENERAL.—For purposes of para12 graph (1), the cost of carrying out an activity 

13 for an eligible project includes the amount of 

14 interest and other financing costs, including 

15 any interest earned and payable on bonds, to 

16 the extent interest and other financing costs are 

17 expended in carrying out the activity for the eli18 gible project, except that interest and other fi19 nancing costs may not be more than the cost of 

20 the most favorable financing terms reasonably 

21 available for the eligible project at the time of 

22 borrowing. 

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

24 certify to the Secretary that the applicant has 

25 shown reasonable diligence in seeking the most 


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1 favorable financing terms under subparagraph 

2 (A). 

3 ‘‘(3) NO OBLIGATION OR INFLUENCE ON REC4 OMMENDATIONS.—An approval by the Secretary 

5 under paragraph (1)(A) shall not— 

6 ‘‘(A) constitute an obligation of the Fed7 eral Government; or 

8 ‘‘(B) alter or influence any evaluation 

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

10 recommendation by the Secretary for funding 

11 under the program. 

12 ‘‘(l) FEDERALLY OWNED BRIDGES.— 

13 ‘‘(1) DIVESTITURE CONSIDERATION.—In the 

14 case of a bridge owned by a Federal land manage15 ment agency for which that agency applies for a 

16 grant under the program, the agency— 

17 ‘‘(A) shall consider options to divest the 

18 bridge to a State or local entity after comple19 tion of the project; and 

20 ‘‘(B) may apply jointly with the State or 

21 local entity to which the bridge may be divested. 

22 ‘‘(2) TREATMENT.—Notwithstanding any other 

23 provision of law, section 129 shall apply to a bridge 

24 that was previously owned by a Federal land man25 agement agency and has been transferred to a nonVerDate Sep 11 2014 23:34 Aug 07, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2310.IS S2310

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1 Federal entity under paragraph (1) in the same 

2 manner as if the bridge was never federally owned. 

3 ‘‘(m) CONGRESSIONAL NOTIFICATION.—Not later 

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

5 under the program, the Secretary shall submit to the Com6 mittee on Transportation and Infrastructure of the House 

7 of Representatives and the Committee on Environment 

8 and Public Works of the Senate a written notification of 

9 the proposed grant that includes— 

10 ‘‘(1) an evaluation and justification for the eli11 gible project; and 

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

13 ‘‘(n) REPORTS.— 

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

15 1 of each fiscal year, the Secretary shall make avail16 able on the website of the Department of Transpor17 tation an annual report that lists each eligible 

18 project for which a grant has been provided under 

19 the program during the fiscal year. 

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

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

22 Bridge Investment Act of 2019, the Comptroller 

23 General of the United States shall— 

24 ‘‘(A) conduct an assessment of the admin25 istrative establishment, solicitation, selection, 


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1 and justification process with respect to the 

2 funding of grants under the program; and 

3 ‘‘(B) submit to the Committee on Trans4 portation and Infrastructure of the House of 

5 Representatives and the Committee on Environ6 ment and Public Works of the Senate a report 

7 that describes— 

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

9 process under which each eligible project 

10 that received a grant under the program 

11 was selected; and 

12 ‘‘(ii) the justification and criteria used 

13 for the selection of each eligible project. 

14 ‘‘(o) LIMITATION.— 

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

16 available out of the Highway Trust Fund (other 

17 than the Mass Transit Account) to carry out this 

18 section for each of fiscal years 2021 through 2025, 

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

20 for large projects. 

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

22 2025, the Secretary determines that grants under 

23 the program will not allow for the requirement under 

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


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1 unutilized amounts to make other grants under the 

2 program during that fiscal year. 

3 ‘‘(p) TRIBAL TRANSPORTATION FACILITY BRIDGE

4 SET ASIDE.— 

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

6 available from the Highway Trust Fund (other than 

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

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

9 section 202(d)— 

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

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

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

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

14 and 

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

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

17 201, funds made available for section 202(d) under 

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

19 tribal transportation program.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 1 of title 23, United States Code, is amended by insert22 ing after the item relating to section 123 the following: 

‘‘124. Bridge investment program’’. 

Æ 


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