I 
117TH CONGRESS 
1ST SESSION H. R. 1142 
To direct the Secretary of Transportation to establish a grant program 
for projects to strengthen and protect vulnerable infrastructure used 
during mass evacuations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 18, 2021 
Mr. KEATING (for himself and Mr. GARAMENDI) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To direct the Secretary of Transportation to establish a 
grant program for projects to strengthen and protect 
vulnerable infrastructure used during mass evacuations, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhancing the 
Strength and Capacity of America’s Primary Evacuation 
routes Act’’ or the ‘‘ESCAPE Act’’. 
SEC. 2. EVACUATION ROUTE PROGRAM. 
(a) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS
(1) EVACUATION
ROUTE.—The term ‘‘evacu-
ation route’’ means a route that— 
(A) is owned, operated, or maintained by a 
Federal, State, Tribal, or local government or a 
private entity; 
(B) is used— 
(i) to transport the public away from 
an emergency event (as defined in section 
667.3 of title 23, Code of Federal Regula-
tions (or successor regulations)) that is an-
ticipated, reasonably likely, ongoing, or 
past; or 
(ii) to transport emergency responders 
and recovery resources; 
(C) is designated by the State in which the 
route is located (or in the case of a federally 
owned route, the head of the Federal agency 
with jurisdiction over the route) for the pur-
poses described in subparagraph (B); and 
(D) meets the criteria for a mass evacu-
ation route pursuant to subsection (b)(1). 
(2) PROGRAM.—The term ‘‘program’’ means 
the competitive grant program established under 
subsection (c)(1). 
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS
(3) RESILIENCE
PROJECT.—The term ‘‘resil-
ience project’’ means a project— 
(A) with the ability to anticipate, prepare 
for, and adapt to changing conditions and with-
stand, respond to, and recover rapidly from dis-
ruptions; and 
(B) designed and built to address current 
and future vulnerabilities to an evacuation 
route due to— 
(i) future occurrence or recurrence of 
emergency events (as defined in section 
667.3 of title 23, Code of Federal Regula-
tions (or successor regulations)) that are 
likely to occur in the geographic area in 
which the evacuation route is located; or 
(ii) projected changes in development 
patterns, demographics, or extreme events 
based on the best available evidence and 
analysis. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(b) ESTABLISHMENT OF MASS EVACUATION ROUTE 
CRITERIA.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS
retary, in consultation with the Administrator of the 
Federal Emergency Management Agency, State de-
partments of transportation, metropolitan planning 
organizations, and other stakeholders, shall establish 
criteria for eligible entities described in subsection 
(f) to identify mass evacuation routes. 
(2) REQUIREMENTS.—In carrying out para-
graph (1), the Secretary shall— 
(A) provide a period of not less than 90 
days for State departments of transportation, 
metropolitan 
planning 
organizations, 
other 
stakeholders, and the public to comment on the 
criteria proposed by the Secretary under that 
paragraph; and 
(B) take into consideration any comments 
received pursuant to subparagraph (A). 
(c) ESTABLISHMENT OF PROGRAM.— 
(1) IN GENERAL.—The Secretary (in consulta-
tion with the Administrator of the Federal Emer-
gency Management Agency for the purposes de-
scribed in paragraph (2)) shall establish a competi-
tive grant program to provide grants for resilience 
projects that strengthen and protect evacuation 
routes that are essential for providing and sup-
porting mass evacuations caused by emergency 
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS
events (as defined in section 667.3 of title 23, Code 
of Federal Regulations (or successor regulations)). 
(2) CONSULTATION.—In carrying out the pro-
gram, the Secretary shall consult with the Adminis-
trator of the Federal Emergency Management Agen-
cy for the purpose of providing technical assistance 
to the Secretary and to applicants. 
(d) ELIGIBLE RESILIENCE PROJECTS.—The Sec-
retary shall provide grants under this section to resilience 
projects— 
(1) described in subsection (e); and 
(2) that— 
(A) ensure the ability of the evacuation 
route to provide safe passage during a mass 
evacuation and reduce the risk of damage to 
evacuation routes as a result of future emer-
gency events (as defined in section 667.3 of 
title 23, Code of Federal Regulations (or suc-
cessor regulations)), including— 
(i) restoring or replacing existing 
mass evacuation routes that are classified 
as being in poor condition or do not meet 
current geometric standards; 
(ii) protecting, elevating, or relocating 
assets that are located in a base floodplain; 
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS
(iii) protecting assets vulnerable to 
high winds; 
(iv) installing mitigation measures 
that prevent the intrusion of floodwaters 
into transportation systems; 
(v) strengthening systems that remove 
rainwater from transportation facilities or 
services; or 
(vi) other resilience projects that ad-
dress identified vulnerabilities; 
(B) if the Secretary determines that exist-
ing evacuation routes are not sufficient to ade-
quately facilitate mass evacuations, expand the 
capacity of evacuation routes to swiftly and 
safely accommodate mass evacuations and pro-
vide mobility for emergency responders and re-
covery resources, including installation of— 
(i) communications and intelligent 
transportation system equipment and in-
frastructure; 
(ii) counterflow measures; or 
(iii) shoulders; 
(C) are for the construction of— 
(i) new or redundant evacuation 
routes, if the Secretary determines that ex-
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS
isting evacuation routes are not sufficient 
to adequately facilitate mass evacuations, 
emergency response, or recovery efforts; or 
(ii) sheltering facilities; or 
(D) involve planning and acquisition, in-
cluding— 
(i) mass evacuation planning and 
preparation, such as— 
(I) coordination with Federal 
agencies and departments, agencies 
and departments within the State, 
first responders, and other States; 
(II) identification of evacuation 
routes; 
(III) evacuation route education 
and awareness campaigns; 
(IV) traffic analysis and moni-
toring; or 
(V) data sharing; 
(ii) acquisition of evacuation route 
and traffic incident management equip-
ment and vehicles; 
(iii) evacuation route risk assessment; 
(iv) development of enhanced mass 
evacuation response capabilities; 
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS
(v) evacuation route signage; or 
(vi) equipment for pedestrian move-
ment. 
(e) ELIGIBLE PROJECTS.—The Secretary may make 
a grant under this section only for a project that is— 
(1) an evacuation route; 
(2) a project eligible for assistance under title 
23, United States Code; 
(3) a public transportation facility or service eli-
gible for assistance under chapter 53 of title 49, 
United States Code; 
(4) a facility or service for intercity rail pas-
senger transportation (as defined in section 24102 
of title 49, United States Code); 
(5) a port facility, including a facility that— 
(A) connects a port to other modes of 
transportation; 
(B) improves the efficiency of mass evacu-
ations and disaster relief; or 
(C) aids transportation; 
(6) a public-use airport (as defined in section 
47102 of title 49, United States Code) that is in-
cluded in the national plan of integrated airport sys-
tems developed by the Federal Aviation Administra-
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS
tion under section 47103 of title 49, United States 
Code; or 
(7) a route owned, operated, or maintained by 
the Corps of Engineers. 
(f) ELIGIBLE ENTITIES.—The Secretary may award 
a grant under this section to any of the following: 
(1) A State. 
(2) A metropolitan planning organization that 
serves an urbanized area (as defined by the Bureau 
of the Census) with a population of more than 
200,000 individuals. 
(3) A unit of local government. 
(4) A political subdivision of a State or local 
government. 
(5) A special purpose district or public author-
ity with a transportation function, including a port 
authority. 
(6) A Federal land management agency that 
applies jointly with a State or group of States. 
(7) A Tribal government or a consortium of 
Tribal governments. 
(8) A multistate or multijurisdictional group of 
entities described in paragraphs (1) through (7). 
(g) APPLICATIONS.—To be eligible to receive a grant 
under this section, an eligible entity shall submit to the 
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS
Secretary an application in such form, at such time, and 
containing such information as the Secretary determines 
to be necessary. 
(h) CRITERIA.—In selecting resilience projects to re-
ceive grants under the program, the Secretary shall con-
sider— 
(1) the cost of the project compared to the risk 
of recurring damage and the cost of future repairs, 
taking into account current and future emergency 
events (as defined in section 667.3 of title 23, Code 
of Federal Regulations (or successor regulations)) 
and extreme events, to the maximum extent prac-
ticable; 
(2) the extent to which the project reduces the 
financial risk to the Federal Government; and 
(3) such other criteria as the Secretary deter-
mines to be appropriate. 
(i) ADMINISTRATION OF PROJECTS.—A project that 
receives a grant under this section— 
(1) may be transferred within the Department 
of Transportation; and 
(2) shall be administered in accordance with— 
(A) title 23 and title 49, United States 
Code, as applicable; 
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS
(B) title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.); 
(C) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(D) the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970 
(42 U.S.C. 4601 et seq.). 
(j) FEDERAL COST SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost of a project carried out under the program shall 
not exceed 80 percent of the total project cost. 
(2) NON-FEDERAL SHARE.—The eligible entity 
may use funds provided from other Federal sources 
to meet the non-Federal cost share requirement for 
a project under the program. 
(k) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section for 
each fiscal year $1,000,000,000, to remain available until 
expended. 
Æ 
VerDate Sep 11 2014 
16:16 Mar 13, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H1142.IH
H1142
khammond on DSKJM1Z7X2PROD with BILLS