[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 846 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 846

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 5 (legislative day, April 4), 2017

 Mrs. Shaheen (for herself, Mr. Whitehouse, Ms. Hassan, Mr. King, and 
  Mr. Casey) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To direct 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 2017'' or the ``SAFE Bridges Act of 2017''.

SEC. 2. STRENGTHEN AND FORTIFY EXISTING BRIDGES.

    (a) Definitions.--In this section:
            (1) Bridge.--The term ``bridge'' means a bridge on a public 
        road, without regard to whether the bridge is on a Federal-aid 
        highway.
            (2) Eligible bridge.--The term ``eligible bridge'' means a 
        bridge that is structurally deficient.
            (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 the structural integrity 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.
            (9) Structurally deficient.--The term ``structurally 
        deficient'', with respect to a bridge, means a bridge that, as 
        determined by the Secretary--
                    (A) has significant load-carrying elements that are 
                in poor or worse condition due to deterioration, 
                damage, or both;
                    (B) has a load capacity that is significantly below 
                truckloads using the bridge and that requires 
                replacement; or
                    (C) has a waterway opening causing frequent 
                flooding of the bridge deck and approaches resulting in 
                significant traffic interruptions.
    (b) Establishment.--Not later than 30 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 for the rehabilitation and 
        replacement of eligible bridges;
            (2) except as otherwise specified in this section, 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 
structurally deficient.
    (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 that State at the end of the third fiscal year beginning 
after the fiscal year during which the funds were apportioned shall be 
withdrawn from that 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) Prevailing Rate of Wage.--Section 113 of title 23, United 
States Code, shall apply to this section.
    (j) 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.
    (k) 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 2017 through 2020, to remain available until 
expended.
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