I 
116TH CONGRESS 
1ST SESSION H. R. 4591 
To permit the Secretary of Transportation to approve Federal participation 
in the replacement or rehabilitation of certain bridges, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 1, 2019 
Ms. FINKENAUER (for herself and Mr. HIGGINS of Louisiana) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To permit the Secretary of Transportation to approve Fed-
eral participation in the replacement or rehabilitation 
of certain bridges, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fixing America’s 
Bridges Act’’. 
SEC. 2. HIGHWAY BRIDGE REPLACEMENT AND REHABILI-
TATION PROGRAM. 
(a) IN GENERAL.—Section 144 of title 23, United 
States Code, is amended— 
VerDate Sep 11 2014 
18:52 Oct 07, 2019
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4591.IH
H4591
pamtmann on DSKBC07HB2PROD with BILLS
(1) in the section heading by striking ‘‘Na-
tional bridge and tunnel inventory and 
inspection standards’’ and inserting ‘‘High-
way bridge replacement and rehabilita-
tion’’; and 
(2) by adding at the end the following: 
‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA-
BILITATION PROGRAM.— 
‘‘(1) PARTICIPATION.—On application by a 
State or States to the Secretary for assistance for 
one or more highway bridges that have been deter-
mined to be eligible for replacement or rehabilitation 
under subsection (b), the Secretary may approve 
Federal participation in— 
‘‘(A) replacing a bridge with a comparable 
facility; or 
‘‘(B) rehabilitating a bridge. 
‘‘(2) TYPES
OF
ASSISTANCE.—On application 
by a State or States to the Secretary, the Secretary 
may approve Federal assistance for any of the fol-
lowing activities for a highway bridge that has been 
determined to be eligible for replacement or rehabili-
tation under subsection (b): 
‘‘(A) Painting. 
‘‘(B) Seismic retrofit. 
VerDate Sep 11 2014 
18:52 Oct 07, 2019
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4591.IH
H4591
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(C) Systematic preventive maintenance. 
‘‘(D) Installation of scour countermea-
sures. 
‘‘(E) Application of calcium magnesium ac-
etate, sodium acetate/formate, or other environ-
mentally acceptable, minimally corrosive anti- 
icing and de-icing compositions. 
‘‘(3) BASIS
FOR
DETERMINATION.—The Sec-
retary shall determine the eligibility of highway 
bridges for replacement or rehabilitation for each 
State based on highway bridges found to be in poor 
condition in the State. 
‘‘(4) SPECIAL RULE FOR PREVENTIVE MAINTE-
NANCE.—Notwithstanding any other provision of 
this subsection, a State may carry out a project 
under paragraph (2)(B), (2)(C), or (2)(D) for a 
highway bridge without regard to whether the bridge 
is eligible for replacement or rehabilitation under 
this section. 
‘‘(5) APPORTIONMENT.— 
‘‘(A) IN GENERAL.—Funds authorized to 
carry out this section shall be apportioned 
among the several States on October 1 of the 
fiscal year for which authorized in accordance 
with this subsection. 
VerDate Sep 11 2014 
18:52 Oct 07, 2019
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4591.IH
H4591
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(B) CATEGORIES OF DEFICIENCY.—Each 
deficient bridge shall be placed into one of the 
following categories: 
‘‘(i) Federal-aid system bridges eligi-
ble for replacement. 
‘‘(ii) Federal-aid system bridges eligi-
ble for rehabilitation. 
‘‘(iii) Off-system bridges eligible for 
replacement. 
‘‘(iv) Off-system bridges eligible for 
rehabilitation. 
‘‘(C) 
CALCULATION
OF
APPORTION-
MENT.— 
‘‘(i) IN GENERAL.—The deck area of 
deficient bridges in each category shall be 
multiplied by the respective unit price on a 
State-by-State basis, as determined by the 
Secretary, and the total cost in each State 
divided by the total cost of the deficient 
bridges in all States shall determine the 
apportionment factors. 
‘‘(ii) 
DETERMINATIONS.—The 
Sec-
retary shall make determinations under 
clause (i) using the latest available data, 
which shall be updated annually. 
VerDate Sep 11 2014 
18:52 Oct 07, 2019
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4591.IH
H4591
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(D) SPECIAL
RULE
FOR
APPORTION-
MENT.—If a State transfers funds apportioned 
to the State under this section in a fiscal year 
beginning after September 30, 2019, to any 
other apportionment of funds to such State 
under this title, the total cost of deficient 
bridges in such State and in all States to be de-
termined for the succeeding fiscal year shall be 
reduced by the amount of such transferred 
funds. 
‘‘(E) LIMITATION OF APPORTIONMENT.— 
No State shall receive more than 10 percent or 
less than 0.25 percent of the total apportion-
ment for any one fiscal year. 
‘‘(F) AVAILABILITY
OF
FUNDS.—Funds 
apportioned under this section shall be available 
for expenditure for the period specified in sec-
tion 118(b). 
‘‘(G) REAPPORTIONMENT OF FUNDS.—Any 
funds not obligated at the expiration of the pe-
riod described in subparagraph (F) shall be re-
apportioned by the Secretary to the other 
States in accordance with this subsection. 
‘‘(H) 
SPECIAL
RULE
FOR
USE
OF 
FUNDS.—The use of funds authorized under 
VerDate Sep 11 2014 
18:52 Oct 07, 2019
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4591.IH
H4591
pamtmann on DSKBC07HB2PROD with BILLS
this section to carry out a project for the seis-
mic retrofit of a bridge shall not affect the ap-
portionment of funds under this section. 
‘‘(6) SET-ASIDE FOR OFF-SYSTEM BRIDGES.— 
‘‘(A) IN GENERAL.—Not less than 20 per-
cent of the amount apportioned to each State in 
each fiscal year shall be expended for projects 
to replace, rehabilitate, paint, perform system-
atic preventive maintenance or seismic retrofit 
of, or apply calcium magnesium acetate, sodium 
acetate/formate, or other environmentally ac-
ceptable, minimally corrosive anti-icing and de-
icing compositions to, or install scour counter-
measures to, highway bridges located on public 
roads, other than those on a Federal-aid high-
way. 
‘‘(B) REDUCTION
OF
EXPENDITURES.— 
The Secretary, after consultation with State 
and local officials, may reduce the requirement 
for expenditure for bridges not on a Federal-aid 
highway under subparagraph (A) with respect 
to the State if the Secretary determines that 
the State has inadequate needs to justify the 
expenditure. 
VerDate Sep 11 2014 
18:52 Oct 07, 2019
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4591.IH
H4591
pamtmann on DSKBC07HB2PROD with BILLS