[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1299 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1299

     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

                           February 24, 2021

     Mr. Higgins of Louisiana (for himself and Mr. Krishnamoorthi) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To permit the Secretary of Transportation to approve Federal 
participation in the replacement or rehabilitation of 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 ``Fixing America's Bridges Act''.

SEC. 2. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM.

    (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 
        ``Highway bridge replacement and rehabilitation''; and
            (2) by adding at the end the following:
    ``(l) Highway Bridge Replacement and Rehabilitation Program.--
            ``(1) Participation.--On application by a State or States 
        to the Secretary for assistance for one or more highway bridges 
        that have been determined 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 following activities for a highway 
        bridge that has been determined to be eligible for replacement 
        or rehabilitation under subsection (b):
                    ``(A) Painting.
                    ``(B) Seismic retrofit.
                    ``(C) Systematic preventive maintenance.
                    ``(D) Installation of scour countermeasures.
                    ``(E) Application of calcium magnesium acetate, 
                sodium acetate/formate, or other environmentally 
                acceptable, minimally corrosive anti-icing and de-icing 
                compositions.
            ``(3) Basis for determination.--The Secretary 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 maintenance.--
        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.
                    ``(B) Categories of deficiency.--Each deficient 
                bridge shall be placed into one of the following 
                categories:
                            ``(i) Federal-aid system bridges eligible 
                        for replacement.
                            ``(ii) Federal-aid system bridges eligible 
                        for rehabilitation.
                            ``(iii) Off-system bridges eligible for 
                        replacement.
                            ``(iv) Off-system bridges eligible for 
                        rehabilitation.
                    ``(C) Calculation of apportionment.--
                            ``(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 Secretary shall 
                        make determinations under clause (i) using the 
                        latest available data, which shall be updated 
                        annually.
                    ``(D) Special rule for apportionment.--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 determined 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 apportionment for any one fiscal year.
                    ``(F) Availability of funds.--Funds apportioned 
                under this section shall be available for expenditure 
                for the period specified in section 118(b).
                    ``(G) Reapportionment of funds.--Any funds not 
                obligated at the expiration of the period described in 
                subparagraph (F) shall be reapportioned 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 this section to carry out a 
                project for the seismic retrofit of a bridge shall not 
                affect the apportionment of funds under this section.
            ``(6) Set-aside for off-system bridges.--
                    ``(A) In general.--Not less than 20 percent of the 
                amount apportioned to each State in each fiscal year 
                shall be expended for projects to replace, 
                rehabilitate, paint, perform systematic preventive 
                maintenance or seismic retrofit of, or apply calcium 
                magnesium acetate, sodium acetate/formate, or other 
                environmentally acceptable, minimally corrosive anti-
                icing and deicing compositions to, or install scour 
                countermeasures to, highway bridges located on public 
                roads, other than those on a Federal-aid highway.
                    ``(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.
            ``(7) Inventories and reports.--The Secretary shall--
                    ``(A) biennially report to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives on projects approved under 
                this section;
                    ``(B) annually revise the current inventories 
                authorized by subsection (b) of this section;
                    ``(C) biennially report to such committees on such 
                inventories; and
                    ``(D) biennially report to such committees such 
                recommendations as the Secretary may have for 
                improvements of the program authorized by this section.
            ``(8) Fair and equitable basis.--Sums apportioned to a 
        State under this section shall be made available for obligation 
        throughout such State on a fair and equitable basis.
            ``(9) Periodic review of application procedures.--
                    ``(A) In general.--Not later than 6 months after 
                the date of enactment of this subsection, and 
                periodically thereafter, the Secretary shall review the 
                procedure used in approving or disapproving 
                applications submitted under this section to determine 
                what changes, if any, may be made to expedite such 
                procedure.
                    ``(B) Implementation of changes.--The Secretary 
                shall implement the changes determined under 
                subparagraph (A) as soon as possible.
                    ``(C) Report to congress.--Not later than 9 months 
                after the date of enactment of this subsection, the 
                Secretary shall submit a report to Congress which 
                describes such review and such changes, including any 
                recommendations for legislative changes.
            ``(10) Credit for bridges not on federal-aid highways.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, with respect to any project not on a 
                Federal-aid highway for the replacement of a bridge or 
                rehabilitation of a bridge that is wholly funded from 
                State and local sources, is eligible for Federal funds 
                under this section, is noncontroversial, is certified 
                by the State to have been carried out in accordance 
                with all standards applicable to such projects under 
                this section, and is determined by the Secretary upon 
                completion to be no longer a deficient bridge any 
                amount expended after the date of enactment of this 
                subsection from State and local sources for the project 
                in excess of 20 percent of the cost of construction of 
                the project may be credited to the non-Federal share of 
                the cost of other bridge projects in the State that are 
                eligible for Federal funds under this section.
                    ``(B) Crediting.--Crediting described under 
                subparagraph (A) shall be conducted in accordance with 
                procedures established by the Secretary.
            ``(11) Definitions.--In this section:
                    ``(A) The term `rehabilitate' means performing 
                major work necessary to restore the structural 
                integrity of a bridge as well as work necessary to 
                correct a major safety defect.
                    ``(B) The term `rehabilitation' means major work 
                necessary to restore the structural integrity of a 
                bridge as well as work necessary to correct a major 
                safety defect.
            ``(12) Federal share.--Notwithstanding section 120, the 
        Federal share of the cost of a project carried out under this 
        subsection shall be 90 percent.
            ``(13) Treatment of off-system bridge projects.--
        Notwithstanding any other provision of law, off-system bridge 
        projects funded in whole, or in part, under paragraphs (5) or 
        (6) shall be treated as projects on a Federal-aid highway under 
        this chapter.
            ``(14) Authorization of appropriations.--There is 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection.''.
    (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. Highway bridge replacement and rehabilitation.''.
    (c) Surface Transportation Block Grant Program.--Section 133(f) of 
title 23, United States Code, is repealed.
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