I 

117TH CONGRESS 

1ST SESSION H. R. 3718 

To amend title 23, United States Code, to direct States to obligate certain 

funding to repair, improve, rehabilitate, or replace bridges to improve 

the safety, efficiency, and reliability of the movement of people and 

freight over bridge crossings, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2021 

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

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

A BILL 

To amend title 23, United States Code, to direct States 

to obligate certain funding 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 2021’’. 


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1 SEC. 2. BRIDGE INVESTMENT. 

2 (a) IN GENERAL.—Section 144 of title 23, United 

3 States Code, is amended— 

4 (1) in the section heading by striking ‘‘National 

5 bridge and tunnel inventory and inspection stand6 ards’’ and inserting ‘‘Bridges and tunnels’’; 

7 (2) in subsection (a)(1)(B) by striking ‘‘defi8 cient’’; 

9 (3) in subsection (b)(5) by striking ‘‘struc10 turally deficient bridge’’ and inserting ‘‘bridge classi11 fied as in poor condition’’; 

12 (4) in subsection (d)— 

13 (A) in paragraph (2) by striking ‘‘Not 

14 later than 2 years after the date of enactment 

15 of the MAP–21, each’’ and inserting ‘‘Each’’; 

16 and 

17 (B) by striking paragraph (4); 

18 (5) in subsection (j) in paragraph (5) by strik19 ing ‘‘financial characteristics’’ and all that follows 

20 through the end and inserting ‘‘Federal share.’’; and 

21 (6) by adding at the end the following: 

22 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA23 BILITATION.— 

24 ‘‘(1) GOALS.—The goals of this subsection shall 

25 be to— 


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1 ‘‘(A) support the achievement of a state of 

2 good repair for the Nation’s bridges; 

3 ‘‘(B) improve the safety, efficiency, and re4 liability of the movement of people and freight 

5 over bridges; and 

6 ‘‘(C) improve the condition of bridges in 

7 the United States by reducing— 

8 ‘‘(i) the number of bridges— 

9 ‘‘(I) in poor condition; or 

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

11 of falling into poor condition; 

12 ‘‘(ii) the total person miles traveled 

13 over bridges— 

14 ‘‘(I) in poor condition; or 

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

16 of falling into poor condition; 

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

18 ‘‘(I) do not meet current geo19 metric design standards; or 

20 ‘‘(II) cannot meet the load and 

21 traffic requirements typical of the re22 gional transportation network; and 

23 ‘‘(iv) the total person miles traveled 

24 over bridges that— 


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1 ‘‘(I) do not meet current geo2 metric design standards; or 

3 ‘‘(II) cannot meet the load and 

4 traffic requirements typical of the re5 gional transportation network. 

6 ‘‘(2) BRIDGES ON PUBLIC ROADS.— 

7 ‘‘(A) MINIMUM BRIDGE INVESTMENT.— 

8 Excluding the amounts described in subpara9 graph (C), of the total funds apportioned to a 

10 State under paragraphs (1) and (2) of section 

11 104(b) for fiscal years 2022 to 2025, a State 

12 shall obligate not less than 20 percent for 

13 projects described in subparagraph (E). 

14 ‘‘(B) PROGRAM FLEXIBILITY.—A State re15 quired to obligate funds under subparagraph 

16 (A) may use any combination of funds appor17 tioned to a State under paragraphs (1) and (2) 

18 of section 104(b). 

19 ‘‘(C) LIMITATION.—Amounts described 

20 below may not be used for the purposes of cal21 culating or meeting the minimum bridge invest22 ment requirement under subparagraph (A)— 

23 ‘‘(i) amounts described in section 

24 133(d)(1)(A); 


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1 ‘‘(ii) amounts set aside under section 

2 133(h); and 

3 ‘‘(iii) amounts described in section 

4 505(a). 

5 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

6 in this section shall be construed to prohibit the 

7 expenditure of funds described in subparagraph 

8 (C) for bridge projects eligible under such sec9 tion. 

10 ‘‘(E) ELIGIBLE PROJECTS.—Funds re11 quired to be obligated in accordance with para12 graph (2)(A) may be obligated for projects or 

13 activities that— 

14 ‘‘(i) are otherwise eligible under either 

15 section 119 or section 133, as applicable; 

16 ‘‘(ii) provide support for the condition 

17 and performance of bridges on public roads 

18 within the State; and 

19 ‘‘(iii) remove a bridge classified as in 

20 poor condition in order to improve commu21 nity connectivity, or replace, reconstruct, 

22 rehabilitate, preserve, or protect a bridge 

23 included on the national bridge inventory 

24 authorized by subsection (b), including 

25 through— 


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1 ‘‘(I) seismic retrofits; 

2 ‘‘(II) systematic preventive main3 tenance; 

4 ‘‘(III) installation of scour coun5 termeasures; 

6 ‘‘(IV) the use of innovative mate7 rials that extend the service life of the 

8 bridge and reduce preservation costs, 

9 as compared to conventionally de10 signed and constructed bridges; 

11 ‘‘(V) the use of nontraditional 

12 production techniques, including fac13 tory prefabrication; 

14 ‘‘(VI) painting for purposes of 

15 bridge protection; 

16 ‘‘(VII) application of calcium 

17 magnesium acetate, sodium acetate/ 

18 formate, or other environmentally ac19 ceptable, minimally corrosive anti20 icing and deicing compositions; 

21 ‘‘(VIII) corrosion control; 

22 ‘‘(IX) construction of protective 

23 features (including natural infrastruc24 ture) alone or in combination with 

25 other activities eligible under this 


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1 paragraph to enhance resilience of a 

2 bridge; 

3 ‘‘(X) bridge security counter4 measures; 

5 ‘‘(XI) impact protection meas6 ures for bridges; 

7 ‘‘(XII) inspection and evaluation 

8 of bridges; and 

9 ‘‘(XIII) training for bridge in10 spectors consistent with subsection (i). 

11 ‘‘(F) BUNDLES OF PROJECTS.—A State 

12 may use a bundle of projects as described in 

13 subsection (j) to satisfy the requirements of 

14 subparagraph (A), if each project in the bundle 

15 is otherwise eligible under subparagraph (E). 

16 ‘‘(G) FLEXIBILITY.—The Secretary may, 

17 at the request of a State, reduce the required 

18 obligation under subparagraph (A) if— 

19 ‘‘(i) the reduction is consistent with a 

20 State’s asset management plan for the Na21 tional Highway System; 

22 ‘‘(ii) the reduction will not limit a 

23 State’s ability to improve the condition and 

24 performance of bridges on public roads 

25 within the State; and 


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1 ‘‘(iii) the State demonstrates that it 

2 has inadequate needs to justify the expend3 iture. 

4 ‘‘(H) CONSIDERATIONS.—In selecting 

5 bridge projects, States shall consider— 

6 ‘‘(i) the average amount of people and 

7 freight supported by the eligible project; 

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

9 project demonstrates cost savings by bun10 dling multiple bridge projects; 

11 ‘‘(iii) geographic diversity among 

12 projects, including the need for a balance 

13 between the needs of rural and urban com14 munities; 

15 ‘‘(iv) the extent to which an eligible 

16 project improves intermodal freight trans17 portation; and 

18 ‘‘(v) whether the project serves as 

19 part of a State or Federal evacuation 

20 route. 

21 ‘‘(I) BRIDGE INVESTMENT REPORT.—The 

22 Secretary shall annually publish on the website 

23 of the Department of Transportation a bridge 

24 investment report that includes— 


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1 ‘‘(i) the total Federal funding obli2 gated for bridge projects in the most re3 cent fiscal year, on a State-by-State basis 

4 and broken out by Federal program; 

5 ‘‘(ii) the total Federal funding obli6 gated, on a State-by-State basis and bro7 ken out by Federal program, for bridge 

8 projects carried out pursuant to the min9 imum bridge investment requirements 

10 under subparagraph (A); 

11 ‘‘(iii) the progress made by each State 

12 toward meeting the minimum bridge in13 vestment requirement under subparagraph 

14 (A) for such State, both cumulatively and 

15 for the most recent fiscal year; 

16 ‘‘(iv) the total Federal funding obli17 gated for bridge projects, broken out by 

18 rural and urban area; 

19 ‘‘(v) the total Federal funding obli20 gated for bridge projects on off-system 

21 bridges; 

22 ‘‘(vi) a summary of— 

23 ‘‘(I) each request made under 

24 subparagraph (G) by a State for a re25 duction in the minimum bridge investVerDate Sep 11 2014 20:04 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3718.IH H3718

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1 ment requirement under subpara2 graph (A); and 

3 ‘‘(II) for each request described 

4 in subclause (I) that is granted by the 

5 Secretary— 

6 ‘‘(aa) the percentage and 

7 dollar amount of the reduction; 

8 and 

9 ‘‘(bb) an explanation of how 

10 the State met each of the criteria 

11 described in subparagraph (G); 

12 and 

13 ‘‘(vii) a summary of— 

14 ‘‘(I) each request made by a 

15 State for a reduction in the obligation 

16 requirements under section 133(f); 

17 and 

18 ‘‘(II) for each request that is 

19 granted by the Secretary— 

20 ‘‘(aa) the percentage and 

21 dollar amount of the reduction; 

22 and 

23 ‘‘(bb) an explanation of how 

24 the Secretary made the deterVerDate Sep 11 2014 20:04 Jun 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3718.IH H3718

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1 mination under section 

2 133(f)(2)(B). 

3 ‘‘(J) OFF-SYSTEM BRIDGES.—A State may 

4 apply amounts obligated under this subsection 

5 or section 133(f)(2)(A) to the obligation re6 quirements of both this subsection and section 

7 133(f). 

8 ‘‘(K) NHS PENALTY.—A State may apply 

9 amounts obligated under this subsection or sec10 tion 119(f)(2) to the obligation requirements of 

11 both this subsection and section 119(f)(2). 

12 ‘‘(L) COMPLIANCE.—If a State fails to sat13 isfy the requirements of subparagraph (A) by 

14 the end of fiscal year 2025, the Secretary may 

15 subject the State to appropriate program sanc16 tions under section 1.36 of title 23, Code of 

17 Federal Regulations (or successor regula18 tions).’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for chap20 ter 1 of title 23, United States Code, is amended by strik21 ing the item relating to section 144 and inserting the fol22 lowing: 

‘‘144. Bridges and tunnels.’’. 

Æ 


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