[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1612 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1612
To require the Secretary of Transportation to assist States to
rehabilitate or replace certain bridges, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2021
Mrs. Shaheen (for herself, Ms. Hassan, Mr. Casey, Mr. King, and Mr.
Whitehouse) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
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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