I 
116TH CONGRESS 
2D SESSION 
H. R. 5745 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2020 
Mr. SEAN PATRICK MALONEY of New York (for himself, Mr. GRAVES of Lou-
isiana, Mr. BLUMENAUER, and Mr. LAHOOD) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
A BILL 
To amend title 23, United States Code, to establish a com-
petitive grant program to repair, improve, rehabilitate, 
or replace bridges to improve the safety, efficiency, and 
reliability of the movement of people and freight over 
bridge crossings, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bridge Investment Act 
of 2020’’. 
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SEC. 2. BRIDGE INVESTMENT PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by inserting after section 123 the 
following: 
‘‘§ 124. Bridge investment program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE PROJECT.— 
‘‘(A) IN
GENERAL.—The term ‘eligible 
project’ means a project to replace, rehabilitate, 
preserve, or protect 1 or more bridges on the 
National 
Bridge 
Inventory 
under 
section 
144(b). 
‘‘(B) INCLUSIONS.—The term ‘eligible 
project’ includes— 
‘‘(i) a bundle of projects described in 
subparagraph (A), regardless of whether 
the bundle of projects meets the require-
ments of section 144(j)(5); and 
‘‘(ii) a project to replace or rehabili-
tate culverts for the purpose of improving 
flood 
control 
and 
improved 
habitat 
connectivity for aquatic species. 
‘‘(2) 
LARGE
PROJECT.—The 
term 
‘large 
project’ means an eligible project with total eligible 
project costs of greater than $100,000,000. 
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‘‘(3) PROGRAM.—The term ‘program’ means 
the bridge investment program established by sub-
section (b)(1). 
‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PRO-
GRAM.— 
‘‘(1) IN
GENERAL.—There is established a 
bridge investment program to provide financial as-
sistance for eligible projects under this section. 
‘‘(2) GOALS.—The goals of the program shall 
be— 
‘‘(A) to improve the safety, efficiency, and 
reliability of the movement of people and freight 
over bridges; 
‘‘(B) to improve the condition of bridges in 
the United States by reducing— 
‘‘(i) the number of bridges— 
‘‘(I) in poor condition; or 
‘‘(II) in fair condition and at risk 
of falling into poor condition within 
the next 3 years; 
‘‘(ii) the total person miles traveled 
over bridges— 
‘‘(I) in poor condition; or 
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‘‘(II) in fair condition and at risk 
of falling into poor condition within 
the next 3 years; 
‘‘(iii) the number of bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(iv) the total person miles traveled 
over bridges that— 
‘‘(I) do not meet current geo-
metric design standards; or 
‘‘(II) cannot meet the load and 
traffic requirements typical of the re-
gional transportation network; and 
‘‘(C) to provide financial assistance that 
leverages and encourages non-Federal contribu-
tions from sponsors and stakeholders involved 
in the planning, design, and construction of eli-
gible projects. 
‘‘(c) GRANT AUTHORITY.— 
‘‘(1) IN GENERAL.—In carrying out the pro-
gram, the Secretary may award grants, on a com-
petitive basis, in accordance with this section. 
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‘‘(2) GRANT
AMOUNTS.—Except as otherwise 
provided, a grant under the program shall be— 
‘‘(A) in the case of a large project, in an 
amount that is— 
‘‘(i) adequate to fully fund the project 
(in combination with other financial re-
sources identified in the application); and 
‘‘(ii) not less than $50,000,000; and 
‘‘(B) in the case of any other eligible 
project, in an amount that is— 
‘‘(i) adequate to fully fund the project 
(in combination with other financial re-
sources identified in the application); and 
‘‘(ii) not less than $2,500,000. 
‘‘(3) MAXIMUM AMOUNT.—Except as otherwise 
provided, for an eligible project receiving assistance 
under the program, the amount of assistance pro-
vided by the Secretary under this section, as a share 
of eligible project costs, shall be— 
‘‘(A) in the case of a large project, not 
more than 50 percent; and 
‘‘(B) in the case of any other eligible 
project, not more than 80 percent. 
‘‘(4) FEDERAL SHARE.— 
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‘‘(A) 
MAXIMUM
FEDERAL
INVOLVE-
MENT.—Federal assistance other than a grant 
under the program may be used to satisfy the 
non-Federal share of the cost of a project for 
which a grant is made, except that the total 
Federal assistance provided for a project receiv-
ing a grant under the program may not exceed 
the Federal share for the project under section 
120. 
‘‘(B) OFF-SYSTEM BRIDGES.—In the case 
of an eligible project for an off-system bridge 
(as defined in section 133(f)(1))— 
‘‘(i) Federal assistance other than a 
grant under the program may be used to 
satisfy the non-Federal share of the cost of 
a project; and 
‘‘(ii) notwithstanding subparagraph 
(A), the total Federal assistance provided 
for the project shall not exceed 90 percent 
of the total eligible project costs. 
‘‘(C) FEDERAL LAND MANAGEMENT AGEN-
CIES
AND
TRIBAL
GOVERNMENTS.—Notwith-
standing any other provision of law, Federal 
funds other than Federal funds made available 
under this section may be used to pay the re-
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extent to which the grant would reduce a 
Federal liability or Federal infrastructure 
maintenance backlog; 
‘‘(vii) 
geographic 
diversity 
among 
grant recipients, including the need for a 
balance between the needs of rural and 
urban communities; 
‘‘(viii) the extent to which an eligible 
project improves intermodal freight trans-
port; 
‘‘(ix) the number of eligible projects 
within the same State; 
‘‘(x) whether the project serves as 
part of a State or Federal evacuation 
route; and 
‘‘(xi) the extent to which a bridge that 
would be assisted with a grant— 
‘‘(I) is, without that assistance— 
‘‘(aa) at risk of falling into 
or remaining in poor condition; 
or 
‘‘(bb) in fair condition and 
at risk of falling into poor condi-
tion within the next 3 years; 
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‘‘(II) does not meet current geo-
metric design standards based on— 
‘‘(aa) the current use of the 
bridge; or 
‘‘(bb) load and traffic re-
quirements typical of the regional 
corridor or local network in 
which the bridge is located; or 
‘‘(III) does not meet current seis-
mic design standards. 
‘‘(B) 
REQUIREMENT.—The 
Secretary 
shall— 
‘‘(i) give priority to an application for 
an eligible project that is located within a 
State for which— 
‘‘(I) 2 or more applications for 
eligible projects within the State were 
submitted for the current fiscal year 
and an average of 2 or more applica-
tions for eligible projects within the 
State were submitted in prior fiscal 
years of the program; and 
‘‘(II) fewer than 2 grants have 
been awarded for eligible projects 
within the State under the program; 
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‘‘(ii) during the period of fiscal years 
2021 through 2025, for each State de-
scribed in clause (i), select— 
‘‘(I) not fewer than 1 large 
project that the Secretary determines 
is justified under the evaluation under 
subsection (g)(4); or 
‘‘(II) 2 eligible projects that are 
not large projects that the Secretary 
determines are justified under the 
evaluation under subsection (f)(3); 
and 
‘‘(iii) not be required to award a grant 
for an eligible project that the Secretary 
does not determine is justified under an 
evaluation under subsection (f)(3) or 
(g)(4). 
‘‘(6) CULVERT LIMITATION.—Not more than 5 
percent of the amounts made available for each fis-
cal year for grants under the program may be used 
for eligible projects that consist solely of culvert re-
placement or rehabilitation. 
‘‘(d) ELIGIBLE ENTITY.—The Secretary may make 
a grant under the program to any of the following: 
‘‘(1) A State or a group of States. 
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‘‘(2) A metropolitan planning organization that 
serves an urbanized area (as designated by the Bu-
reau of the Census) with a population of over 
200,000. 
‘‘(3) A unit of local government or a group of 
local governments. 
‘‘(4) A political subdivision of a State or local 
government. 
‘‘(5) A special purpose district or public author-
ity with a transportation function. 
‘‘(6) A Federal land management agency. 
‘‘(7) A Tribal government or a consortium of 
Tribal governments. 
‘‘(8) A multistate or multijurisdictional group 
of entities described in paragraphs (1) through (7). 
‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Sec-
retary may make a grant under the program only to an 
eligible entity for an eligible project that— 
‘‘(1) in the case of a large project, the Sec-
retary recommends for funding in the annual report 
on funding recommendations under subsection 
(g)(6); 
‘‘(2) is reasonably expected to begin construc-
tion not later than 18 months after the date on 
which funds are obligated for the project; and 
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‘‘(3) is based on the results of preliminary engi-
neering. 
‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF 
ELIGIBLE PROJECTS OTHER THAN LARGE PROJECTS.— 
‘‘(1) COMPETITIVE PROCESS.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) for the first fiscal year for which 
funds are made available for obligation 
under the program, not later than 60 days 
after the date on which the template under 
subparagraph (B)(i) is developed, and in 
subsequent fiscal years, not later than 60 
days after the date on which amounts are 
made available for obligation under the 
program, solicit grant applications for eli-
gible projects other than large projects; 
and 
‘‘(ii) not later than 120 days after the 
date on which the solicitation under clause 
(i) expires, conduct evaluations under 
paragraph (3). 
‘‘(B) REQUIREMENTS.—In carrying out 
subparagraph (A), the Secretary shall— 
‘‘(i) develop a template for applicants 
to use to summarize project needs and 
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benefits, including benefits described in 
paragraph (3)(B)(i); and 
‘‘(ii) enable applicants to use data 
from the National Bridge Inventory under 
section 144(b) to populate templates de-
scribed in clause (i), as applicable. 
‘‘(2) APPLICATIONS.—An eligible entity shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require. 
‘‘(3) EVALUATION.— 
‘‘(A) IN GENERAL.—Prior to providing a 
grant under this subsection, the Secretary 
shall— 
‘‘(i) conduct an evaluation of each eli-
gible project for which an application is re-
ceived under this subsection; and 
‘‘(ii) assign a quality rating to the eli-
gible project on the basis of the evaluation 
under clause (i). 
‘‘(B) REQUIREMENTS.—In carrying out an 
evaluation under subparagraph (A), the Sec-
retary shall— 
‘‘(i) consider information on project 
benefits submitted by the applicant using 
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the template developed under paragraph 
(1)(B)(i), including whether the project 
will generate, as determined by the Sec-
retary— 
‘‘(I) costs avoided by the preven-
tion of closure or reduced use of the 
bridge to be improved by the project; 
‘‘(II) in the case of a bundle of 
projects, benefits from executing the 
projects as a bundle compared to as 
individual projects; 
‘‘(III) safety benefits, including 
the reduction of accidents and related 
costs; 
‘‘(IV) person and freight mobility 
benefits, including congestion reduc-
tion and reliability improvements; 
‘‘(V) national or regional eco-
nomic benefits; 
‘‘(VI) benefits from long-term re-
siliency to extreme weather events, 
flooding, or other natural disasters; 
‘‘(VII) benefits from protection 
(as described in section 133(b)(10)), 
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including improving seismic or scour 
protection; 
‘‘(VIII) environmental benefits, 
including wildlife connectivity and car-
bon reduction; 
‘‘(IX) benefits to pedestrian, bi-
cycle, nonvehicular, and public trans-
portation users; 
‘‘(X) benefits of using— 
‘‘(aa) innovative design and 
construction techniques; or 
‘‘(bb) 
innovative 
tech-
nologies; or 
‘‘(XI) reductions in maintenance 
costs, including, in the case of a feder-
ally owned bridge, cost savings to the 
Federal budget; and 
‘‘(ii) consider whether and the extent 
to which the benefits, including the bene-
fits described in clause (i), are more likely 
than not to outweigh the total project 
costs. 
‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND AN-
NUAL REPORT FOR LARGE PROJECTS.— 
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‘‘(1) IN GENERAL.—The Secretary shall estab-
lish an annual date by which an eligible entity sub-
mitting an application for a large project shall sub-
mit to the Secretary such information as the Sec-
retary may require, including information described 
in paragraph (2), in order for a large project to be 
considered for a recommendation by the Secretary 
for funding in the next annual report under para-
graph (6). 
‘‘(2) INFORMATION REQUIRED.—The informa-
tion referred to in paragraph (1) includes— 
‘‘(A) all necessary information required for 
the Secretary to evaluate the large project; and 
‘‘(B) information sufficient for the Sec-
retary to determine that— 
‘‘(i) the large project meets the appli-
cable requirements under this section; and 
‘‘(ii) there is a reasonable likelihood 
that the large project will continue to meet 
the requirements under this section. 
‘‘(3) DETERMINATION; NOTICE.—On making a 
determination that information submitted to the 
Secretary under paragraph (1) is sufficient, the Sec-
retary shall provide a written notice of that deter-
mination to— 
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‘‘(A) the eligible entity that submitted the 
application; 
‘‘(B) the Committee on Environment and 
Public Works of the Senate; and 
‘‘(C) the Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘‘(4) EVALUATION.—The Secretary may rec-
ommend a large project for funding in the annual 
report under paragraph (6) only if the Secretary 
evaluates the proposed project and determines that 
the project is justified because the project— 
‘‘(A) addresses a need to improve the con-
dition of the bridge, as determined by the Sec-
retary, consistent with the goals of the program 
under subsection (b)(2); 
‘‘(B) will generate, as determined by the 
Secretary— 
‘‘(i) costs avoided by the prevention of 
closure or reduced use of the bridge to be 
improved by the project; 
‘‘(ii) in the case of a bundle of 
projects, 
benefits 
from 
executing 
the 
projects as a bundle compared to as indi-
vidual projects; 
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‘‘(iii) safety benefits, including the re-
duction of accidents and related costs; 
‘‘(iv) person and freight mobility bene-
fits, including congestion reduction and re-
liability improvements; 
‘‘(v) national or regional economic 
benefits; 
‘‘(vi) benefits from long-term resil-
iency to extreme weather events, flooding, 
or other natural disasters; 
‘‘(vii) benefits from protection (as de-
scribed in section 133(b)(10)), including 
improving seismic or scour protection; 
‘‘(viii) environmental benefits, includ-
ing wildlife connectivity and carbon reduc-
tion; 
‘‘(ix) benefits to pedestrian, bicycle, 
nonvehicular, and public transportation 
users; 
‘‘(x) benefits of using— 
‘‘(I) innovative design and con-
struction techniques; or 
‘‘(II) innovative technologies; or 
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‘‘(xi) reductions in maintenance costs, 
including, in the case of a federally owned 
bridge, cost savings to the Federal budget; 
‘‘(C) is cost effective based on an analysis 
of whether the benefits and avoided costs de-
scribed in subparagraph (B) are expected to 
outweigh the project costs; 
‘‘(D) is supported by other Federal or non- 
Federal financial commitments or revenues ade-
quate to fund ongoing maintenance and preser-
vation; and 
‘‘(E) is consistent with the objectives of an 
applicable asset management plan of the project 
sponsor, including a State asset management 
plan under section 119(e) in the case of a 
project on the National Highway System that is 
sponsored by a State. 
‘‘(5) RATINGS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
develop a methodology to evaluate and rate a 
large project on a 5-point scale (the points of 
which include ‘high’, ‘medium-high’, ‘medium’, 
‘medium-low’, and ‘low’) for each of— 
‘‘(i) paragraph (4)(B); 
‘‘(ii) paragraph (4)(C); and 
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‘‘(iii) paragraph (4)(D). 
‘‘(B) REQUIREMENT.—To be considered 
justified and receive a recommendation for 
funding in the annual report under paragraph 
(6), a project shall receive a rating of not less 
than ‘medium’ for each rating required under 
subparagraph (A). 
‘‘(6) ANNUAL
REPORT
ON
FUNDING
REC-
OMMENDATIONS FOR LARGE PROJECTS.— 
‘‘(A) IN
GENERAL.—Not later than the 
first Monday in February of each year, the Sec-
retary shall submit to the Committees on 
Transportation and Infrastructure and Appro-
priations of the House of Representatives and 
the Committees on Environment and Public 
Works and Appropriations of the Senate a re-
port that includes— 
‘‘(i) a list of large projects that have 
requested a recommendation for funding 
under a new grant agreement from funds 
anticipated to be available to carry out this 
subsection in the next fiscal year; 
‘‘(ii) the evaluation under paragraph 
(4) and ratings under paragraph (5) for 
each project referred to in clause (i); 
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‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received 
for an eligible project under the program may be used 
for— 
‘‘(1) development phase activities, including 
planning, feasibility analysis, revenue forecasting, 
environmental review, preliminary engineering and 
design work, and other preconstruction activities; 
‘‘(2) construction, reconstruction, rehabilitation, 
acquisition of real property (including land related 
to the project and improvements to the land), envi-
ronmental mitigation, construction contingencies, ac-
quisition of equipment, and operational improve-
ments directly related to improving system perform-
ance; and 
‘‘(3) expenses related to the protection (as de-
scribed in section 133(b)(10)) of a bridge, including 
seismic or scour protection. 
‘‘(i) TIFIA PROGRAM.—On the request of an eligible 
entity carrying out an eligible project, the Secretary may 
use amounts awarded to the entity to pay subsidy and ad-
ministrative costs necessary to provide to the entity Fed-
eral credit assistance under chapter 6 with respect to the 
eligible project for which the grant was awarded. 
‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE 
PROJECTS.— 
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‘‘(1) IN
GENERAL.—A large project that re-
ceives a grant under the program in an amount of 
not less than $100,000,000 may be carried out 
through a multiyear grant agreement in accordance 
with this subsection. 
‘‘(2) 
REQUIREMENTS.—A 
multiyear 
grant 
agreement for a large project described in paragraph 
(1) shall— 
‘‘(A) establish the terms of participation by 
the Federal Government in the project; 
‘‘(B) establish the maximum amount of 
Federal financial assistance for the project in 
accordance with paragraphs (3) and (4) of sub-
section (c); 
‘‘(C) establish a payout schedule for the 
project that provides for disbursement of the 
full grant amount by not later than 4 fiscal 
years after the fiscal year in which the initial 
amount is provided; 
‘‘(D) determine the period of time for com-
pleting the project, even if that period extends 
beyond the period of an authorization; and 
‘‘(E) attempt to improve timely and effi-
cient management of the project, consistent 
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with all applicable Federal laws (including regu-
lations). 
‘‘(3) SPECIAL FINANCIAL RULES.— 
‘‘(A) IN
GENERAL.—A multiyear grant 
agreement under this subsection— 
‘‘(i) shall obligate an amount of avail-
able budget authority specified in law; and 
‘‘(ii) may include a commitment, con-
tingent on amounts to be specified in law 
in advance for commitments under this 
paragraph, 
to 
obligate 
an 
additional 
amount from future available budget au-
thority specified in law. 
‘‘(B) STATEMENT
OF
CONTINGENT
COM-
MITMENT.—The agreement shall state that the 
contingent commitment is not an obligation of 
the Federal Government. 
‘‘(C) INTEREST
AND
OTHER
FINANCING 
COSTS.— 
‘‘(i) IN GENERAL.—Interest and other 
financing costs of carrying out a part of 
the project within a reasonable time shall 
be considered a cost of carrying out the 
project under a multiyear grant agreement, 
except that eligible costs may not be more 
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than the cost of the most favorable financ-
ing terms reasonably available for the 
project at the time of borrowing. 
‘‘(ii) CERTIFICATION.—The applicant 
shall certify to the Secretary that the ap-
plicant has shown reasonable diligence in 
seeking the most favorable financing 
terms. 
‘‘(4) 
ADVANCE
PAYMENT.—Notwithstanding 
any other provision of law, an eligible entity carrying 
out a large project under a multiyear grant agree-
ment— 
‘‘(A) may use funds made available to the 
eligible entity under this title for eligible project 
costs of the large project until the amount spec-
ified in the multiyear grant agreement for the 
project for that fiscal year becomes available for 
obligation; and 
‘‘(B) if the eligible entity uses funds as de-
scribed in subparagraph (A), the funds used 
shall be reimbursed from the amount made 
available under the multiyear grant agreement 
for the project. 
‘‘(k) UNDERTAKING PARTS OF PROJECTS IN AD-
VANCE UNDER LETTERS OF NO PREJUDICE.— 
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‘‘(1) IN GENERAL.—The Secretary may pay to 
an applicant all eligible project costs under the pro-
gram, including costs for an activity for an eligible 
project incurred prior to the date on which the 
project receives funding under the program if— 
‘‘(A) before the applicant carries out the 
activity, the Secretary approves through a letter 
to the applicant the activity in the same man-
ner as the Secretary approves other activities as 
eligible under the program; 
‘‘(B) a record of decision, a finding of no 
significant impact, or a categorical exclusion 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) has been issued 
for the eligible project; and 
‘‘(C) the activity is carried out without 
Federal assistance and in accordance with all 
applicable procedures and requirements. 
‘‘(2) 
INTEREST
AND
OTHER
FINANCING 
COSTS.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the cost of carrying out an activity 
for an eligible project includes the amount of 
interest and other financing costs, including 
any interest earned and payable on bonds, to 
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