Bridge Investment Act of 2021
Bill: H.R.3718 | Sponsor: Rep. Maloney, Sean Patrick (D-NY)
Policy area: Transportation and Public Works

Summary:
Bridge Investment Act of 2021
This bill requires states to use at least 20% of certain FY2022-FY2025 federal highway funds to improve bridges, particularly those classified as being in poor condition.

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.

    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 ``Bridge Investment Act of 2021''.

SEC. 2. BRIDGE INVESTMENT.

    (a) In General.--Section 144 of title 23, United States Code, is 
amended--
            (1) in the section heading by striking ``National bridge 
        and tunnel inventory and inspection standards'' and inserting 
        ``Bridges and tunnels'';
            (2) in subsection (a)(1)(B) by striking ``deficient'';
            (3) in subsection (b)(5) by striking ``structurally 
        deficient bridge'' and inserting ``bridge classified as in poor 
        condition'';
            (4) in subsection (d)--
                    (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of the MAP-21, each'' 
                and inserting ``Each''; and
                    (B) by striking paragraph (4);
            (5) in subsection (j) in paragraph (5) by striking 
        ``financial characteristics'' and all that follows through the 
        end and inserting ``Federal share.''; and
            (6) by adding at the end the following:
    ``(l) Highway Bridge Replacement and Rehabilitation.--
            ``(1) Goals.--The goals of this subsection shall be to--
                    ``(A) support the achievement of a state of good 
                repair for the Nation's bridges;
                    ``(B) improve the safety, efficiency, and 
                reliability of the movement of people and freight over 
                bridges; and
                    ``(C) 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;
                            ``(ii) the total person miles traveled over 
                        bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at 
                                risk of falling into poor condition;
                            ``(iii) the number of bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                            ``(iv) the total person miles traveled over 
                        bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network.
            ``(2) Bridges on public roads.--
                    ``(A) Minimum bridge investment.--Excluding the 
                amounts described in subparagraph (C), of the total 
                funds apportioned to a State under paragraphs (1) and 
                (2) of section 104(b) for fiscal years 2022 to 2025, a 
                State shall obligate not less than 20 percent for 
                projects described in subparagraph (E).
                    ``(B) Program flexibility.--A State required to 
                obligate funds under subparagraph (A) may use any 
                combination of funds apportioned to a State under 
                paragraphs (1) and (2) of section 104(b).
                    ``(C) Limitation.--Amounts described below may not 
                be used for the purposes of calculating or meeting the 
                minimum bridge investment requirement under 
                subparagraph (A)--
                            ``(i) amounts described in section 
                        133(d)(1)(A);
                            ``(ii) amounts set aside under section 
                        133(h); and
                            ``(iii) amounts described in section 
                        505(a).
                    ``(D) Rule of construction.--Nothing in this 
                section shall be construed to prohibit the expenditure 
                of funds described in subparagraph (C) for bridge 
                projects eligible under such section.
                    ``(E) Eligible projects.--Funds required to be 
                obligated in accordance with paragraph (2)(A) may be 
                obligated for projects or activities that--
                            ``(i) are otherwise eligible under either 
                        section 119 or section 133, as applicable;
                            ``(ii) provide support for the condition 
                        and performance of bridges on public roads 
                        within the State; and
                            ``(iii) remove a bridge classified as in 
                        poor condition in order to improve community 
                        connectivity, or replace, reconstruct, 
                        rehabilitate, preserve, or protect a bridge 
                        included on the national bridge inventory 
                        authorized by subsection (b), including 
                        through--
                                    ``(I) seismic retrofits;
                                    ``(II) systematic preventive 
                                maintenance;
                                    ``(III) installation of scour 
                                countermeasures;
                                    ``(IV) the use of innovative 
                                materials that extend the service life 
                                of the bridge and reduce preservation 
                                costs, as compared to conventionally 
                                designed and constructed bridges;
                                    ``(V) the use of nontraditional 
                                production techniques, including 
                                factory prefabrication;
                                    ``(VI) painting for purposes of 
                                bridge protection;
                                    ``(VII) application of calcium 
                                magnesium acetate, sodium acetate/
                                formate, or other environmentally 
                                acceptable, minimally corrosive anti-
                                icing and deicing compositions;
                                    ``(VIII) corrosion control;
                                    ``(IX) construction of protective 
                                features (including natural 
                                infrastructure) alone or in combination 
                                with other activities eligible under 
                                this paragraph to enhance resilience of 
                                a bridge;
                                    ``(X) bridge security 
                                countermeasures;
                                    ``(XI) impact protection measures 
                                for bridges;
                                    ``(XII) inspection and evaluation 
                                of bridges; and
                                    ``(XIII) training for bridge 
                                inspectors consistent with subsection 
                                (i).
                    ``(F) Bundles of projects.--A State may use a 
                bundle of projects as described in subsection (j) to 
                satisfy the requirements of subparagraph (A), if each 
                project in the bundle is otherwise eligible under 
                subparagraph (E).
                    ``(G) Flexibility.--The Secretary may, at the 
                request of a State, reduce the required obligation 
                under subparagraph (A) if--
                            ``(i) the reduction is consistent with a 
                        State's asset management plan for the National 
                        Highway System;
                            ``(ii) the reduction will not limit a 
                        State's ability to improve the condition and 
                        performance of bridges on public roads within 
                        the State; and
                            ``(iii) the State demonstrates that it has 
                        inadequate needs to justify the expenditure.
                    ``(H) Considerations.--In selecting bridge 
                projects, States shall consider--
                            ``(i) the average amount of people and 
                        freight supported by the eligible project;
                            ``(ii) the extent to which the eligible 
                        project demonstrates cost savings by bundling 
                        multiple bridge projects;
                            ``(iii) geographic diversity among 
                        projects, including the need for a balance 
                        between the needs of rural and urban 
                        communities;
                            ``(iv) the extent to which an eligible 
                        project improves intermodal freight 
                        transportation; and
                            ``(v) whether the project serves as part of 
                        a State or Federal evacuation route.
                    ``(I) Bridge investment report.--The Secretary 
                shall annually publish on the website of the Department 
                of Transportation a bridge investment report that 
                includes--
                            ``(i) the total Federal funding obligated 
                        for bridge projects in the most recent fiscal 
                        year, on a State-by-State basis and broken out 
                        by Federal program;
                            ``(ii) the total Federal funding obligated, 
                        on a State-by-State basis and broken out by 
                        Federal program, for bridge projects carried 
                        out pursuant to the minimum bridge investment 
                        requirements under subparagraph (A);
                            ``(iii) the progress made by each State 
                        toward meeting the minimum bridge investment 
                        requirement under subparagraph (A) for such 
                        State, both cumulatively and for the most 
                        recent fiscal year;
                            ``(iv) the total Federal funding obligated 
                        for bridge projects, broken out by rural and 
                        urban area;
                            ``(v) the total Federal funding obligated 
                        for bridge projects on off-system bridges;
                            ``(vi) a summary of--
                                    ``(I) each request made under 
                                subparagraph (G) by a State for a 
                                reduction in the minimum bridge 
                                investment requirement under 
                                subparagraph (A); and
                                    ``(II) for each request described 
                                in subclause (I) that is granted by the 
                                Secretary--
                                            ``(aa) the percentage and 
                                        dollar amount of the reduction; 
                                        and
                                            ``(bb) an explanation of 
                                        how the State met each of the 
                                        criteria described in 
                                        subparagraph (G); and
                            ``(vii) a summary of--
                                    ``(I) each request made by a State 
                                for a reduction in the obligation 
                                requirements under section 133(f); and
                                    ``(II) for each request that is 
                                granted by the Secretary--
                                            ``(aa) the percentage and 
                                        dollar amount of the reduction; 
                                        and
                                            ``(bb) an explanation of 
                                        how the Secretary made the 
                                        determination under section 
                                        133(f)(2)(B).
                    ``(J) Off-system bridges.--A State may apply 
                amounts obligated under this subsection or section 
                133(f)(2)(A) to the obligation requirements of both 
                this subsection and section 133(f).
                    ``(K) NHS penalty.--A State may apply amounts 
                obligated under this subsection or section 119(f)(2) to 
                the obligation requirements of both this subsection and 
                section 119(f)(2).
                    ``(L) Compliance.--If a State fails to satisfy the 
                requirements of subparagraph (A) by the end of fiscal 
                year 2025, the Secretary may subject the State to 
                appropriate program sanctions under section 1.36 of 
                title 23, Code of Federal Regulations (or successor 
                regulations).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
144 and inserting the following:

``144. Bridges and tunnels.''.
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