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website of the Department of Transpor-
tation. 
‘‘(3) DETERMINATION.—Before a determination 
described in paragraph (1) takes effect, the Sec-
retary shall publish a detailed justification for such 
determination that addresses all public comments re-
ceived under paragraph (2)— 
‘‘(A) on the public website of the Depart-
ment of Transportation; and 
‘‘(B) if the Secretary issues a waiver with 
respect to such determination, in the Federal 
Register. 
‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this subsection, and at 
least every 5 years thereafter, the Secretary shall re-
view any standing nationwide waiver issued by the 
Secretary under this section to ensure such waiver 
remains justified. 
‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY 
FOR COMMENT.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days before the completion of a review under 
paragraph (1), the Secretary shall provide noti-
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fication and an opportunity for public comment 
on such review. 
‘‘(B) MEANS OF NOTIFICATION.—Notifica-
tion provided under this subparagraph shall be 
provided by electronic means, including on the 
public website of the Department of Transpor-
tation. 
‘‘(3) DETAILED
JUSTIFICATION
IN
FEDERAL 
REGISTER.—After the completion of a review under 
paragraph (1), the Secretary shall publish in the 
Federal Register a detailed justification for the de-
termination made under paragraph (1) that address-
es all public comments received under paragraph 
(2). 
‘‘(4) CONSIDERATION.—In conducting the re-
view under paragraph (1), the Secretary shall con-
sider the study on supply chains carried out under 
section 1112(c) of the INVEST in America Act. 
‘‘(j) REPORT.—Not later than 120 days after the last 
day of each fiscal year, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Appropria-
tions of the House of Representatives, the Committee on 
Environment and Public Works of the Senate, and the 
Committee on Appropriations of the Senate a report on 
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the waivers provided under subsection (h) during the pre-
vious fiscal year and the justifications for such waivers. 
‘‘(k) CONSTRUCTION MATERIALS DEFINED.—In this 
section, the term ‘construction materials’ means primary 
materials, except for iron and steel, that are commonly 
used in highway construction, as determined by the Sec-
retary.’’. 
(b) CONSTRUCTION MATERIALS.— 
(1) ESTABLISHMENT OF REQUIREMENTS.— 
(A) IN
GENERAL.—The Secretary shall 
issue such regulations as are necessary to im-
plement the amendment made by subsection 
(a)(1)(D). Such regulations shall ensure the 
continued availability of construction materials 
to carry out projects under title 23, United 
States Code. 
(B) CONSIDERATIONS.—The regulations 
issued pursuant to subparagraph (A) shall— 
(i) ensure the continued availability of 
construction materials to carry out projects 
under title 23, United States Code; 
(ii) include authority for the Secretary 
to waive the applicability of the require-
ment under section 313(a) of title 23, 
United States Code, to procure domestic 
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construction materials if the study con-
ducted under subsection (c)(1) determines 
that the domestic supply of construction 
materials is insufficient to meet the de-
mand for activities covered under section 
313 of title 23, United States Code; and 
(iii) provide for efficient and timely— 
(I) project delivery for project 
sponsors; and 
(II) administration for the Sec-
retary. 
(C) FINAL RULE.—The regulations issued 
pursuant to subparagraph (A) shall not be fi-
nalized until the study under subsection (c) has 
been completed and considered by the Secretary 
in the rulemaking process under such subpara-
graph. 
(2) CONSIDERATIONS.—The requirements of 
this section, and the amendments made by this sec-
tion— 
(A) shall seek to maximize jobs located in 
the United States; 
(B) may establish domestic content re-
quirements that are less than 100 percent and 
that increase over time, based on the current 
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and expected future domestic availability of 
construction materials; and 
(C) shall take into consideration the study 
conducted under subsection (c), including any 
potential— 
(i) disruption in the supply of con-
struction materials to any State or isolated 
geographic region; and 
(ii) impacts on the price of covered 
items. 
(3) APPLICABILITY.—The amendment made by 
subsection (a)(1)(D) shall take effect beginning on 
the date that the Secretary establishes the regula-
tions described under paragraph (1). 
(c) STUDY ON SUPPLY CHAINS.— 
(1) IN GENERAL.—The Secretary shall conduct 
study on covered items that are commonly used or 
acquired under title 23, United States Code, includ-
ing— 
(A) construction materials; 
(B) manufactured products; 
(C) vehicles; and 
(D) alternative fuel infrastructure and 
electric vehicle supply equipment. 
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(2) CONSIDERATIONS.—The study under para-
graph (1) shall consider— 
(A) the current domestic availability of 
covered items of sufficient and reasonably avail-
able quantity and of a satisfactory quality (in-
cluding any specific impacts in a State or iso-
lated geographic region, as applicable) nec-
essary to meet the demand for activities covered 
under section 313 of title 23, United States 
Code; 
(B) the current supply chain for covered 
items including the impacts of extracting, refin-
ing, manufacturing, and transporting domesti-
cally available covered items; 
(C) anticipated impacts to the environ-
ment, public health, and safety from transpor-
tation of domestically available covered items; 
(D) the estimated demand, in relation to 
total domestic demand from all sources, for cov-
ered items from— 
(i) procurement under the Federal-aid 
highway program; 
(ii) procurement under other pro-
grams administered by the Secretary of 
Transportation; and 
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(iii) other Federal procurement; and 
(E) the delivery cost differential of domes-
tic covered items, as compared to non-domestic 
alternatives, including any specific impacts in a 
State or isolated geographic region, as applica-
ble. 
(3) INSPECTOR GENERAL REVIEW.—Not later 
than 120 days after the Secretary completes the 
study in paragraph (1), the Inspector General of the 
Department of Transportation shall— 
(A) review the extent to which the study 
under paragraph (1) addresses the consider-
ations under paragraph (2); and 
(B) submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and Committee on Environment 
and Public Works of the Senate a report on the 
findings of the review under subparagraph (A). 
(4) DOMESTIC SUPPLIERS.—As part of the re-
view under this paragraph, the Secretary may estab-
lish and maintain a list of known domestic suppliers 
of covered items. 
(5) DEFINITION OF COVERED ITEM.—For the 
purposes of this section, the term ‘‘covered item’’ 
means any material or product (except for iron and 
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steel) subject to the requirements of section 313(a) 
of title 23, United States Code, that is commonly 
used in highway construction or procured under the 
Federal-aid highway program. 
(d) IRON AND STEEL.—Subsections (b) and (c), shall 
not 
affect 
the 
requirements 
under 
section 
635.410(b)(1)(ii) of title 23, Code of Federal Regulations, 
with respect to iron and steel. 
(e) CONSTRUCTION MATERIALS DEFINED.—In this 
section, the term ‘‘construction materials’’ has the mean-
ing given such term in section 313 of title 23, United 
States Code. 
(f) SAFETEA–LU TECHNICAL CORRECTIONS ACT 
OF 2008.—Section 117 of the SAFETEA–LU Technical 
Corrections Act of 2008 (23 U.S.C. 313 note) is repealed. 
SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE-
MENTS. 
(a) IN GENERAL.—Section 113 of title 23, United 
States Code, is amended— 
(1) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) IN GENERAL.—The Secretary shall take such 
action as may be necessary to ensure that all laborers and 
mechanics employed by contractors or subcontractors on 
construction work performed on projects financed or oth-
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erwise assisted in whole or in part by a loan, loan guar-
antee, grant, credit enhancement, or any other form of 
Federal assistance administered by the Secretary or the 
Department, including programs to capitalize revolving 
loan funds and subsequent financing cycles under such 
funds, shall be paid wages at rates not less than those 
prevailing on projects of a character similar in the locality, 
as determined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40. With respect 
to the labor standards specified in this section, the Sec-
retary of Labor shall have the authority and functions set 
forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267) and section 3145 of title 40.’’; 
(2) by redesignating subsection (c) as sub-
section (b); and 
(3) in subsection (b), as so redesignated, by in-
serting ‘‘APPRENTICESHIP
AND SKILL TRAINING 
PROGRAMS.—’’ before ‘‘The provisions’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 133 of title 23, United States Code, 
is amended by striking subsection (i). 
(2) Section 167 of title 23, United States Code, 
is amended by striking subsection (l). 
(3) Section 1401 of the MAP–21 (23 U.S.C. 
137 note) is amended by striking subsection (e). 
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SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR 
CATEGORICAL EXCLUSIONS. 
Section 326(c)(3) of title 23, United States Code, is 
amended— 
(1) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) except as provided under subpara-
graph (C), have a term of not more than 3 
years;’’; 
(2) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) for any State that has assumed the 
responsibility for categorical exclusions under 
this section for at least 10 years, have a term 
of 5 years.’’. 
SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIV-
ERY PROGRAM WRITTEN AGREEMENTS. 
Section 327 of title 23, United States Code, is 
amended— 
(1) in subsection (a)(2)(G) by inserting ‘‘, in-
cluding the payment of fees awarded under section 
2412 of title 28’’ after ‘‘with the project’’. 
(2) in subsection (c)— 
(A) by striking paragraph (5) and insert-
ing the following: 
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‘‘(5) except as provided under paragraph (7), 
have a term of not more than 5 years;’’; 
(B) in paragraph (6) by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) for any State that has participated in a 
program under this section (or under a predecessor 
program) for at least 10 years, have a term of 10 
years.’’; 
(3) in subsection (g)(1)— 
(A) in subparagraph (C) by striking ‘‘an-
nual’’; 
(B) in subparagraph (B) by striking ‘‘and’’ 
at the end; 
(C) by redesignating subparagraph (C) as 
subparagraph (D); and 
(D) by inserting after subparagraph (B) 
the following: 
‘‘(C) in the case of an agreement period of 
greater than 5 years under subsection (c)(7), 
conduct an audit covering the first 5 years of 
the agreement period; and’’; and 
(4) by adding at the end the following: 
‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 
A State agency that is assigned a responsibility under an 
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agreement under this section shall be deemed to be an 
agency of the United States for the purposes of section 
2412 of title 28.’’. 
SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 
(a) DEFINITIONS.—In this section: 
(1) APPLICABLE BRIDGE PROJECTS.—The term 
‘‘applicable bridge projects’’ means a project for con-
struction, replacement, rehabilitation, preservation, 
or protection, other than de minimis work, as deter-
mined by the applicable State department of trans-
portation, on a bridge project that receives financial 
assistance under title 23, United States Code. 
(2) CERTIFIED CONTRACTOR.—The term ‘‘cer-
tified contractor’’ means a contracting or subcon-
tracting firm that has been certified by an industry- 
wide recognized third party organization that evalu-
ates the capability of the contractor or subcontractor 
to properly perform 1 or more specified aspects of 
applicable bridge projects described in subsection 
(b)(2). 
(3) QUALIFIED TRAINING PROGRAM.—The term 
‘‘qualified training program’’ means a training pro-
gram in corrosion control, mitigation, and prevention 
that is either— 
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(A) offered or accredited by an organiza-
tion that sets industry corrosion standards; or 
(B) an industrial coatings applicator train-
ing program registered under the Act of August 
16, 1937 (29 U.S.C. 50 et seq.; commonly 
known as the ‘‘National Apprenticeship Act’’) 
that meets the standards of subpart A of part 
29 and part 30 of title 29, Code of Federal 
Regulations. 
(b) APPLICABLE BRIDGE PROJECTS.— 
(1) QUALITY CONTROL.—A certified contractor 
shall carry out aspects of an applicable bridge 
project described in paragraph (2). 
(2) 
ASPECTS
OF
APPLICABLE
BRIDGE 
PROJECTS.—Aspects of an applicable bridge project 
referred to in paragraph (1) shall include— 
(A) surface preparation or coating applica-
tion on steel or rebar of an applicable bridge 
project; 
(B) removal of a lead-based or other haz-
ardous coating from steel of an existing applica-
ble bridge project; and 
(C) shop painting of structural steel or 
rebar fabricated for installation on an applica-
ble bridge project. 
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(3) CORROSION
MANAGEMENT
SYSTEM.—In 
carrying out an applicable bridge project, a State de-
partment of transportation shall— 
(A) implement a corrosion management 
system that utilizes industry-recognized stand-
ards and corrosion mitigation and prevention 
methods to address— 
(i) surface preparation; 
(ii) protective coatings; 
(iii) materials selection; 
(iv) cathodic protection; 
(v) corrosion engineering; 
(vi) personnel training; and 
(vii) best practices in environmental 
protection to prevent environmental deg-
radation and uphold public health. 
(B) require certified contractors, for the 
purpose of carrying out aspects of applicable 
bridge projects described in paragraph (2), to 
employ a substantial number of individuals that 
are trained and certified by a qualified training 
program as meeting the ANSI/NACE Number 
13/SSPC–ACS–1 standard or future versions of 
this standard. 
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(4) CERTIFICATION.—The applicable State de-
partment of transportation shall only accept bids for 
projects that include aspects of applicable bridge 
projects described in paragraph (2) from a certified 
contractor that presents written proof that the cer-
tification of such contractor meets the relevant 
SSPC–QP standards or future versions of these 
standards. 
(c) TRAINING PROGRAM.—As a condition of entering 
into a contract for an applicable bridge project, each cer-
tified contractor shall provide training for each individual 
who is not a certified coating applicator but that the cer-
tified contractor employs to carry out aspects of applicable 
bridge projects as described in subsection (b)(2). 
SEC. 1117. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) States should utilize life-cycle cost analysis 
to evaluate the total economic cost of a transpor-
tation project over its expected lifetime; and 
(2) data indicating that future repair costs as-
sociated with a transportation project frequently 
total more than half of the initial cost of the project, 
and that conducting life-cycle cost analysis prior to 
construction will help States identify the most cost- 
effective option, improve their economic perform-
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ance, and lower the total cost of building and main-
taining the project. 
SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN 
RIGHT-OF-WAY. 
(a) IN GENERAL.—Notwithstanding chapter 1 of title 
23, United States Code, electric vehicle charging infra-
structure, renewable energy generation facilities, electrical 
transmission 
and 
distribution 
infrastructure, 
and 
broadband infrastructure and conduit shall be treated as 
a facility covered under part 645 of title 23, Code of Fed-
eral Regulations (or successor regulations), for purposes 
of being accommodated under section 109(l) of title 23, 
United States Code. 
(b) STATE APPROVAL.—A State, on behalf of the 
Secretary of Transportation, may approve the accommo-
dation of the infrastructure and facilities described in sub-
section (a) within any right-of-way on a Federal-aid high-
way pursuant to section 109(l) of title 23, United States 
Code. 
SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE 
SAFETY IMPROVEMENTS. 
(a) IN GENERAL.—Notwithstanding any provision of 
title 23, United States Code, or any regulation issued by 
the Secretary of Transportation, section 129(a)(3) of such 
title shall not apply to a covered public authority that re-
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ceives funding under such title for pedestrian and bike 
safety improvements. 
(b) NO TOLL.—A covered public authority may not 
charge a toll, fee, or other levy for use of such improve-
ments. 
(c) EFFECTIVE DATE.—A covered public authority 
shall be eligible for the exemption under subsection (a) 
for 10 years after the date of enactment of this Act. Any 
such exemption granted shall remain in effect after the 
effective date described in this section. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED PUBLIC AUTHORITY.—The term 
‘‘covered public authority’’ means a public authority 
with jurisdiction over a toll facility located within 
both— 
(A) a National Scenic Area; and 
(B) the National Trail System. 
(2) NATIONAL SCENIC AREA.—The term ‘‘Na-
tional Scenic Area’’ means an area of the National 
Forest System federally designated as a National 
Scenic Area in recognition of the outstanding nat-
ural, scenic, and recreational values of the area. 
(3) NATIONAL TRAIL SYSTEM.—The term ‘‘Na-
tional Trail System’’ means an area described in sec-
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tion 3 of the National Trails System Act (16 U.S.C. 
1242). 
(4) PUBLIC AUTHORITY; TOLL FACILITY.—The 
terms ‘‘public authority’’ and ‘‘toll facility’’ have the 
meanings such terms would have if such terms were 
included in chapter 1 of title 23, United States 
Code. 
SEC. 1120. INCREASED FEDERAL SHARE. 
Section 120(c) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(4) AREAS
OF
PERSISTENT
POVERTY.—The 
Federal share payable on account of a project, pro-
gram, or activity carried out in an area of persistent 
poverty with funds apportioned under section 104(b) 
may be increased by up to 5 percent, up to 100 per-
cent of the total project cost of any such project, 
program, or activity.’’. 
Subtitle B—Programmatic 
Infrastructure Investment 
SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is 
amended— 
(1) by striking subsection (b) and inserting the 
following: 
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‘‘(b) PURPOSES.—The purposes of the national high-
way performance program shall be— 
‘‘(1) to provide support for the condition and 
performance of the National Highway System, con-
sistent with the asset management plans of States; 
‘‘(2) to support progress toward the achieve-
ment of performance targets of States established 
under section 150; 
‘‘(3) to increase the resilience of Federal-aid 
highways and bridges; and 
‘‘(4) to provide support for the construction of 
new facilities on the National Highway System, con-
sistent with subsection (d)(3).’’; 
(2) in subsection (d)— 
(A) in paragraph (1)(A) by striking ‘‘or 
freight movement on the National Highway 
System’’ and inserting ‘‘freight movement, envi-
ronmental sustainability, transportation system 
access, or combating climate change’’; 
(B) in paragraph (1)(B) by striking ‘‘and’’ 
at the end; 
(C) in paragraph (2)— 
(i) in subparagraph (G)— 
(I) in clause (i) by inserting 
‘‘and’’ at the end; 
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(II) in clause (ii) by striking ‘‘; 
and’’ and inserting a period; and 
(III) by striking clause (iii); 
(ii) in subparagraph (I) by inserting 
‘‘, including the installation of safety bar-
riers and nets on bridges on the National 
Highway System’’ after ‘‘National High-
way System’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(Q) Projects on or off the National High-
way System to reduce greenhouse gas emissions 
that are eligible under section 171, including 
the installation of electric vehicle charging in-
frastructure. 
‘‘(R) Projects on or off the National High-
way System to enhance resilience of a transpor-
tation facility eligible under section 124, includ-
ing protective features and natural infrastruc-
ture. 
‘‘(S) Projects and strategies to reduce ve-
hicle-caused wildlife mortality related to, or to 
restore and maintain connectivity among terres-
trial or aquatic habitats affected by, a transpor-
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tation facility eligible for assistance under this 
section. 
‘‘(T) Projects on or off the National High-
way System to improve an evacuation route eli-
gible under section 124(b)(1)(C). 
‘‘(U) The removal, retrofit, repurposing, 
remediation, or replacement of a highway on 
the National Highway System that creates a 
barrier to community connectivity to improve 
access for multiple modes of transportation.’’; 
and 
(D) by adding at the end the following: 
‘‘(3) a project that is otherwise eligible under 
this subsection to construct new capacity for single 
occupancy passenger vehicles only if the State— 
‘‘(A) has demonstrated progress in achiev-
ing a state of good repair, as defined in the 
State’s asset management plan, on the National 
Highway System; 
‘‘(B) demonstrates that the project— 
‘‘(i) supports the achievement of per-
formance targets of the State established 
under section 150; and 
‘‘(ii) is more cost effective, as deter-
mined by benefit-cost analysis, than— 
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‘‘(I) an operational improvement 
to the facility or corridor; 
‘‘(II) the construction of a public 
transportation project eligible for as-
sistance under chapter 53 of title 49; 
or 
‘‘(III) the construction of a non- 
single occupancy passenger vehicle 
project that improves freight move-
ment; and 
‘‘(C) has a public plan for maintaining and 
operating the new asset while continuing its 
progress in achieving a state of good repair 
under subparagraph (A).’’; 
(3) in subsection (e)— 
(A) in the heading by inserting ‘‘ASSET 
AND’’ after ‘‘STATE’’; 
(B) in paragraph (4)(D) by striking ‘‘anal-
ysis’’ and inserting ‘‘analyses, both of which 
shall take into consideration climate change ad-
aptation and resilience’’; and 
(C) in paragraph (8) by striking ‘‘Not later 
than 18 months after the date of enactment of 
the MAP–21, the Secretary’’ and inserting 
‘‘The Secretary’’; and 
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(4) by adding at the end the following: 
‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out 
subsection (d)(3)(B)(ii), the Secretary shall establish a 
process for analyzing the cost and benefits of projects 
under such subsection, ensuring that— 
‘‘(1) the benefit-cost analysis includes a calcula-
tion of all the benefits addressed in the performance 
measures established under section 150; 
‘‘(2) the benefit-cost analysis includes a consid-
eration of the total maintenance cost of an asset 
over the lifecycle of the asset; and 
‘‘(3) the State demonstrates that any transpor-
tation demand modeling used to calculate the ben-
efit-cost analysis has a documented record of accu-
racy.’’. 
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR-
TATION ASSETS. 
(a) PREDISASTER MITIGATION PROGRAM.— 
(1) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by inserting after section 
123 the following: 
‘‘§ 124. Predisaster mitigation program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and implement a predisaster mitigation program to 
enhance the resilience of the transportation system of the 
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United States, mitigate the impacts of covered events, and 
ensure the efficient use of Federal resources. 
‘‘(b) ELIGIBLE ACTIVITIES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
funds apportioned to the State under section 
104(b)(8) may be obligated for— 
‘‘(A) construction activities, including con-
struction of natural infrastructure or protective 
features— 
‘‘(i) to increase the resilience of a sur-
face transportation infrastructure asset to 
withstand a covered event; 
‘‘(ii) to relocate or provide a reason-
able alternative to a repeatedly damaged 
facility; and 
‘‘(iii) for an evacuation route identi-
fied in the vulnerability assessment re-
quired under section 134(i)(2)(I)(iii) or 
section 135(f)(10)(C) to— 
‘‘(I) improve the capacity or op-
eration of such evacuation route 
through communications and intel-
ligent transportation system equip-
ment and infrastructure, counterflow 
measures, and shoulders; and 
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‘‘(II) relocate such evacuation 
route or provide a reasonable alter-
native to such evacuation route to ad-
dress the risk of a covered event; 
‘‘(B) resilience planning activities, includ-
ing activities described in sections 134(i)(2)(I) 
and 135(f)(10) of this title and sections 
5303(i)(2)(I) and 5304(f)(10) of title 49; and 
‘‘(C) the development of projects and pro-
grams that help States, territories, and regions 
recover from covered events that significantly 
disrupt the transportation system, including— 
‘‘(i) predisaster training programs 
that help agencies and regional stake-
holders plan for and prepare multimodal 
recovery efforts; and 
‘‘(ii) the establishment of region-wide 
telework training and programs. 
‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP-
TATION.—No funds shall be obligated to a project 
under this section unless the project meets each of 
the following criteria: 
‘‘(A) The project is designed to ensure re-
silience over the anticipated service life of the 
surface transportation infrastructure asset. 
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‘‘(B) The project is identified in the metro-
politan or statewide transportation improve-
ment program as a project to address resilience 
vulnerabilities, 
consistent 
with 
section 
134(j)(3)(E) or 135(g)(5)(B)(iii). 
‘‘(3) PRIORITIZATION OF PROJECTS.—A State 
shall develop a process to prioritize projects under 
this section based on the degree to which the pro-
posed project would— 
‘‘(A) be cost effective in the long-term; 
‘‘(B) reduce the risk of disruption to a sur-
face transportation infrastructure asset consid-
ered critical to support population centers, 
freight movement, economic activity, evacu-
ation, recovery, national security functions, or 
critical infrastructure; and 
‘‘(C) ease disruptions to vulnerable, at- 
risk, or transit-dependant populations. 
‘‘(c) GUIDANCE.—The Secretary shall provide guid-
ance to States to assist with the implementation of para-
graphs (2) and (3) of subsection (b). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED
EVENT.—The term ‘covered 
event’ means a climate change effect (including sea 
level rise), flooding, and an extreme event or other 
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natural disaster (including wildfires, seismic activity, 
and landslides). 
‘‘(2) SURFACE TRANSPORTATION INFRASTRUC-
TURE ASSET.—The term ‘surface transportation in-
frastructure asset’ means a facility eligible for as-
sistance under this title or chapter 53 of title 49.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 1 of title 23, United States Code, is 
amended by inserting after the item relating to sec-
tion 123 the following: 
‘‘124. Predisaster mitigation program.’’. 
(b) PROJECTS
IN FLOOD-PRONE AREAS.—Section 
109 of title 23, United States Code, is further amended 
by adding at the end the following: 
‘‘(t) PROJECTS
IN
FLOOD-PRONE
AREAS.—For 
projects and actions that, in whole or in part, encroach 
within the limits of a flood-prone area, the Secretary shall 
ensure that such projects and actions are— 
‘‘(1) designed and constructed in a way that 
takes into account, and mitigates where appropriate, 
flood risk by using hydrologic, hydraulic, and hydro-
dynamic data, methods, and analysis that integrate 
current and projected changes in flooding based on 
climate science over the anticipated service life of 
the asset and future forecasted land use changes; 
and 
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‘‘(2) designed using analysis that considers the 
capital costs, risks, and other economic, engineering, 
social and environmental concerns of constructing a 
project in a flood-prone area.’’. 
(c) METROPOLITAN TRANSPORTATION PLANNING.— 
(1) AMENDMENTS TO TITLE 23.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 134(i)(2) of title 23, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(i) IN
GENERAL.—The transpor-
tation planning process shall assess strate-
gies to reduce the climate change impacts 
of the surface transportation system and 
conduct a vulnerability assessment to iden-
tify opportunities to enhance the resilience 
of the surface transportation system and 
ensure the efficient use of Federal re-
sources. 
‘‘(ii) CLIMATE
CHANGE
MITIGATION 
AND
IMPACTS.—A long-range transpor-
tation plan shall— 
‘‘(I) identify investments and 
strategies to reduce transportation-re-
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‘‘(C) ALLOCATION.—Any amounts made 
available under this subsection shall be distrib-
uted to each State, territory, or Indian Tribe 
based on— 
‘‘(i) the ratio that the total amount of 
outstanding eligible repair costs for such 
State, territory, or Indian Tribe, as de-
scribed under subparagraph (B); bears to 
‘‘(ii) the total amount of outstanding 
eligible repair costs for all States, terri-
tories, and Indian Tribes, as described 
under subparagraph (B). 
‘‘(D) LIMITATION.—The allocation to a 
State, territory, or Indian Tribe described 
under subparagraph (C) shall not exceed 5 per-
cent of the total amount of outstanding eligible 
repair costs under the emergency relief program 
for such State, territory, or Indian Tribe, as de-
scribed in subparagraph (B). 
‘‘(3) ELIGIBLE
ACTIVITIES.—Amounts made 
available under this subsection shall be used for pro-
tective features or other hazard mitigation activities 
that— 
‘‘(A) the Secretary determines are cost ef-
fective and that reduce the risk of, or increase 
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