SAFE Bridges Act of 2021
Bill: S.1612 | Sponsor: Sen. Shaheen, Jeanne (D-NH)
Policy area: Transportation and Public Works

Summary:
Strengthen And Fortify Existing Bridges Act of 2021 or the SAFE Bridges Act of 2021
This bill directs the Department of Transportation to establish a program to assist states to rehabilitate or replace bridges found to be structurally deficient.
States shall use program funds for projects to rehabilitate and replace such bridges and to maintain their surface coating and corrosion protection systems.

To require the Secretary of Transportation to assist States to 
    rehabilitate or replace certain bridges, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthen And Fortify Existing 
Bridges Act of 2021'' or the ``SAFE Bridges Act of 2021''.

SEC. 2. STRENGTHEN AND FORTIFY EXISTING BRIDGES.

    (a) Definitions.--In this section:
            (1) Bridge.--The term ``bridge'' means a highway bridge on 
        a public road, whether on or off a Federal-aid highway.
            (2) Eligible bridge.--The term ``eligible bridge'' means a 
        bridge that is classified as in poor condition.
            (3) Federal-aid highway.--The term ``Federal-aid highway'' 
        has the meaning given the term in section 101(a) of title 23, 
        United States Code.
            (4) Public road.--The term ``public road'' has the meaning 
        given the term in section 101(a) of title 23, United States 
        Code.
            (5) Rehabilitation.--The term ``rehabilitation'' means, 
        with respect to a bridge, the carrying out of major work 
        necessary, as determined by the Secretary--
                    (A) to restore or increase the structural capacity 
                of the bridge; or
                    (B) to correct a major safety defect of the bridge.
            (6) Replacement.--The term ``replacement'' means, with 
        respect to a bridge, the construction of a new facility that, 
        as determined by the Secretary, is in the same general traffic 
        corridor as the replaced bridge.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (8) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia; and
                    (C) the Commonwealth of Puerto Rico.
    (b) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish a program to 
assist States to rehabilitate or replace eligible bridges.
    (c) Apportionment of Funds.--
            (1) In general.--Amounts made available to carry out the 
        program established under subsection (b) for a fiscal year 
        shall be apportioned to each State according to the ratio 
        that--
                    (A) the total cost to rehabilitate or replace 
                eligible bridges in that State; bears to
                    (B) the total cost to rehabilitate or replace 
                eligible bridges in all States.
            (2) Calculation of total cost.--
                    (A) In general.--For purposes of the calculation 
                under paragraph (1), the Secretary shall multiply the 
                deck area of eligible bridges by the unit price on a 
                State-by-State basis, as determined by the Secretary, 
                to determine the total cost to rehabilitate or replace 
                eligible bridges in each State.
                    (B) Data used in making determinations.--The 
                Secretary shall make determinations under this 
                subsection based on the latest available data, which 
                shall be updated not less than annually.
                    (C) Use of existing inventories.--To the extent 
                practicable, the Secretary shall make determinations 
                under this subsection using inventories prepared under 
                section 144 of title 23, United States Code.
    (d) Use of Funds.--Funds apportioned to a State under the program 
established under subsection (b) shall--
            (1) be used by that State--
                    (A) for the rehabilitation and replacement of 1 or 
                more eligible bridges; or
                    (B) to maintain the surface coating and corrosion 
                protection system of 1 or more eligible bridges;
            (2) notwithstanding any other provision of law, be 
        administered as if apportioned under chapter 1 of title 23, 
        United States Code, except that the funds shall not be 
        transferable;
            (3) be subject to the requirements described in section 
        1101(b) of the FAST Act (23 U.S.C. 101 note; 129 Stat. 1323) in 
        the same manner as amounts made available for programs under 
        titles I, II, and III of that Act; and
            (4) not be subject to any limitation on obligations for 
        Federal-aid highways or highway safety construction programs 
        set forth in any Act.
    (e) Condition at Project Completion.--On completion of the 
rehabilitation or replacement, a bridge that is rehabilitated or 
replaced under the program established under subsection (b) may not be 
classified as in poor condition.
    (f) Federal Share.--The Federal share of the cost of a project 
carried out with funds apportioned to a State under the program 
established under subsection (b) shall be 100 percent.
    (g) Reapportionment of Unobligated Funds.--Any funds apportioned to 
a State under the program established under subsection (b) and not 
obligated by the State at the end of the third fiscal year beginning 
after the fiscal year during which the funds were apportioned shall be 
withdrawn from the State and reapportioned by the Secretary to States 
that have not had funds withdrawn under this subsection in accordance 
with the formula under subsection (c).
    (h) Nonsubstitution.--In carrying out the program established under 
subsection (b), the Secretary shall ensure that funding made available 
to a State under the program supplements, and does not supplant--
            (1) other Federal funding made available for the 
        rehabilitation or replacement of eligible bridges; and
            (2) the planned obligations of that State with respect to 
        eligible bridges.
    (i) Report.--Not later than 1 year after the date of enactment of 
this Act, and each year thereafter if States obligated funds 
apportioned under the program established under subsection (b) during 
that year, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report 
that describes the amounts obligated by each State for projects under 
the program.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $2,750,000,000 
for each of fiscal years 2022 through 2027, to remain available until 
expended.
    (k) National Bridge and Tunnel Inventories.--Section 144(b)(5) of 
title 23, United States Code, is amended by striking ``structurally 
deficient bridge identified under this subsection'' and inserting 
``bridge classified as in poor condition''.
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