155 
dustry to develop a technology standard for onboard 
units used to report vehicle miles traveled; and 
(6) use components of and information from 
the State pilots under section 6020 of the FAST Act 
(Public Law 114–94), as applicable. 
(e) METHODS.—In establishing a method for col-
lecting information on vehicle miles traveled under the 
program, the Secretary of Transportation shall consider 
the following: 
(1) Third-party on-board diagnostic system-II 
devices. 
(2) Smart phone applications. 
(3) Solicitation of voluntary reporting by auto-
makers. 
(4) Solicitation of voluntary reporting by car in-
surance companies. 
(5) Solicitation of voluntary reporting through 
State departments of motor vehicles. 
(6) Any other method that the Secretary of 
Transportation considers appropriate. 
(f) PRIVACY OF PARTICIPANTS.—Not later than 30 
days after establishing the pilot program under this sec-
tion, the Secretary of Transportation, in consultation with 
the Secretary of the Treasury, shall issue policies to— 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
156 
(1) protect the privacy of volunteer partici-
pants; and 
(2) secure the data provided by volunteer par-
ticipants. 
(g) CALCULATION
OF
PER-MILE
ROAD
USAGE 
CHARGE.—For the purposes of the pilot program estab-
lished in subsection (a), the Secretary of the Treasury 
shall establish on an annual basis— 
(1) for motor vehicles that are not commercial 
motor vehicles, a per-mile road usage charge that is 
equivalent to the annual gas tax revenues collected 
pursuant to section 4081 of the Internal Revenue 
Code of 1986 divided by the total vehicle miles trav-
eled by such motor vehicles; and 
(2) for commercial motor vehicles, a per-mile 
road usage charge equivalent to the annual diesel 
tax revenues collected pursuant to section 4041 of 
the Internal Revenue Code of 1986 divided by the 
total vehicle miles traveled by medium and heavy- 
duty trucks. 
(h) REVENUE COLLECTION.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury, in coordination with the Secretary of Transpor-
tation, shall establish a mechanism to collect a per- 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
157 
mile road usage charge from volunteer participants 
under the program that— 
(A) may be adjusted as needed to address 
technical challenges; and 
(B) may allow third-party vendors to col-
lect the payments and forward to Treasury. 
(2) LIMITATION
ON
REVENUE
COLLECTED.— 
Any revenue collected under this section shall not be 
considered a toll under section 301 of title 23, 
United States Code. 
(3) HIGHWAY TRUST FUND.—Notwithstanding 
any other provision of law, the Secretary of the 
Treasury shall ensure that any revenue collected 
under this section is deposited into the Highway 
Trust Fund. 
(i) REFUND.—The Secretary of the Treasury shall 
annually calculate and issue an equivalent refund to volun-
teer participants for any otherwise applicable Federal 
motor fuel taxes under sections 4041 and 4081 of the In-
ternal Revenue Code of 1986. 
(j) REPORTS.— 
(1) ADVISORY BOARD.—Not later than 1 year 
after the date on which the surface transportation 
system road usage charge advisory board is estab-
lished under subsection (c), such board shall submit 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
158 
to the Secretary of Transportation a report on the 
progress of the pilot program in meeting the objec-
tives described in subsection (b). 
(2) REPORT TO CONGRESS.—Not later than 1 
year after the date on which volunteer participants 
begin participating in the pilot program, and each 
year thereafter, the Secretary of Transportation and 
the Secretary of the Treasury shall submit to the 
Committee on Transportation and Infrastructure 
and the Committee on Ways and Means of the 
House of Representatives and the Committee on En-
vironment and Public Works and the Committee on 
Finance of the Senate a report on the pilot program, 
including the report and recommendations submitted 
to the Secretary under paragraph (1). 
(k) DEFINITIONS.—In this section: 
(1) COMMERCIAL MOTOR VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
the term in section 31101 of title 49, United States 
Code. 
(2) HIGHWAY TRUST FUND.—The term ‘‘High-
way Trust Fund’’ means the Highway Trust Fund 
established under section 9503 of the Internal Rev-
enue Code of 1986. 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
159 
(3) VOLUNTEER PARTICIPANT.—The term ‘‘vol-
unteer participant’’ means— 
(A) the individual owner of a passenger 
motor vehicle or commercial motor vehicle who 
volunteers to participate in the pilot program; 
and 
(B) the owner of a fleet of commercial 
motor vehicles or passenger motor vehicles who 
volunteers to participate in the pilot program. 
TITLE VII—RESILIENCY 
SEC. 
7001. 
PROMOTING 
RESILIENT 
OPERATIONS 
FOR 
TRANSFORMATIVE, EFFICIENT, AND COST- 
SAVING TRANSPORTATION (PROTECT) GRANT 
PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘§ 173. Promoting Resilient Operations for Trans-
formative, 
Efficient, 
and 
Cost-saving 
Transportation (PROTECT) grant pro-
gram 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) EMERGENCY
EVENT.—The term ‘emer-
gency event’ means a natural disaster or cata-
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
160 
strophic failure or an imminent natural disaster or 
catastrophic failure resulting in— 
‘‘(A) an emergency declared by the Gov-
ernor of the State in which the disaster or fail-
ure occurred or will occur; or 
‘‘(B) an emergency or disaster declared by 
the President pursuant to the Robert T. Staf-
ford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.). 
‘‘(2) EVACUATION ROUTE.—The term ‘evacu-
ation route’ means a transportation route or system 
that— 
‘‘(A) is owned, operated, or maintained by 
a Federal, State, Indian Tribe, or local govern-
ment or a private entity; 
‘‘(B) is used— 
‘‘(i) to transport the public away from 
emergency events; or 
‘‘(ii) to transport emergency respond-
ers and recovery resources; and 
‘‘(C) is designated by the eligible entity 
with jurisdiction over the area in which the 
route is located for the purposes described in 
subparagraph (B). 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
161 
‘‘(3) PROGRAM.—The term ‘program’ means 
the grant program established under subsection 
(b)(1). 
‘‘(4) RESILIENCE
IMPROVEMENT.—The term 
‘resilience improvement’ means the use of materials 
or structural or nonstructural techniques, including 
natural infrastructure— 
‘‘(A) that allow a project— 
‘‘(i) to better anticipate, prepare for, 
and adapt to changing conditions and to 
withstand and respond to disruptions; or 
‘‘(ii) to be better able to continue to 
serve the primary function of the project 
during and after weather events and nat-
ural disasters for the expected life of the 
project; or 
‘‘(B) that— 
‘‘(i) reduce the cost, magnitude and 
duration of impacts of current and future 
weather events and natural disasters to a 
project; or 
‘‘(ii) have the absorptive capacity, 
adaptive capacity, and recoverability to de-
crease project vulnerability to current and 
future weather events or natural disasters. 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
162 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a grant program, to be known as the ‘Promoting 
Resilient Operations for Transformative, Efficient, 
and Cost-saving Transportation grant program’ or 
the ‘PROTECT grant program’. 
‘‘(2) PURPOSE.—The purpose of the program is 
to provide grants for resilience improvements 
through— 
‘‘(A) formula funding distributed to States; 
‘‘(B) competitive planning grants to enable 
communities to assess vulnerabilities to current 
and future weather events and natural disasters 
and changing conditions, including sea level 
rise, and plan infrastructure improvements and 
emergency response strategies to address those 
vulnerabilities; and 
‘‘(C) competitive resilience improvement 
grants to protect— 
‘‘(i) infrastructure assets by making 
the assets more resilient to current and fu-
ture weather events and natural disasters, 
including severe storms, flooding, tornados, 
drought, levee and dam failures, wildfire, 
landslides, sea level rise, extreme weather, 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
163 
including extreme temperature, and earth-
quakes; 
‘‘(ii) communities through resilience 
improvements and strategies that allow for 
the continued operation or rapid recovery 
of surface transportation systems that— 
‘‘(I) serve critical local, regional, 
and national needs, including evacu-
ation routes; and 
‘‘(II) provide access or service to 
hospitals and other medical or emer-
gency service facilities, major employ-
ers, critical manufacturing centers, 
ports and intermodal facilities, utili-
ties, and Federal facilities; 
‘‘(iii) coastal infrastructure, such as a 
tide gate, that is at long-term risk to sea 
level rise; and 
‘‘(iv) natural infrastructure that pro-
tects and enhances surface transportation 
assets while improving ecosystem condi-
tions, including culverts that ensure ade-
quate flows in rivers and estuarine sys-
tems. 
‘‘(c) FORMULA AWARDS.— 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
164 
‘‘(1) DISTRIBUTION OF FUNDS TO STATES.— 
‘‘(A) IN GENERAL.—For each fiscal year, 
the Secretary shall distribute among the States 
the amounts made available to carry out this 
subsection for that fiscal year in accordance 
with subparagraph (B). 
‘‘(B) DISTRIBUTION.—The amount for 
each State shall be determined by multiplying 
the total amount made available to carry out 
this subsection for the applicable fiscal year by 
the ratio that— 
‘‘(i) the total base apportionment for 
the State under section 104(c); bears to 
‘‘(ii) the total base apportionments for 
all States under section 104(c). 
‘‘(2) ELIGIBLE ACTIVITIES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a State shall use funds made 
available under paragraph (1) to carry out ac-
tivities eligible under subparagraph (A), (B), or 
(C) of subsection (d)(4). 
‘‘(B) 
PLANNING
SET-ASIDE.—Of 
the 
amounts made available to each State under 
paragraph (1) for each fiscal year, not less than 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
165 
2 percent shall be for activities described in 
subsection (d)(3). 
‘‘(3) REQUIREMENTS.— 
‘‘(A) PROJECTS IN CERTAIN AREAS.—If a 
project under this subsection is carried out, in 
whole or in part, within a base floodplain, the 
State shall— 
‘‘(i) identify the base floodplain in 
which the project is to be located and dis-
close that information to the Secretary; 
and 
‘‘(ii) indicate to the Secretary whether 
the State plans to implement 1 or more 
components of the risk mitigation plan 
under section 322 of the Robert T. Staf-
ford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165) with respect to 
the area. 
‘‘(B) ELIGIBILITIES.—A State shall use 
funds made available under paragraph (1) for— 
‘‘(i) a highway project eligible for as-
sistance under this title; 
‘‘(ii) a public transportation facility or 
service eligible for assistance under chapter 
53 of title 49; or 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
166 
‘‘(iii) a facility or service for intercity 
rail passenger transportation (as defined in 
section 24102 of title 49). 
‘‘(C) SYSTEM RESILIENCE.—A project car-
ried out by a State with funds made available 
under this subsection may include, consistent 
with State hazard mitigation plans, the use of 
natural infrastructure or the construction or 
modification of storm surge, flood protection, or 
aquatic ecosystem restoration elements that are 
functionally connected to a transportation im-
provement, such as— 
‘‘(i) increasing marsh health and total 
area adjacent to a highway right-of-way to 
promote additional flood storage; 
‘‘(ii) upgrades to and installation of 
culverts designed to withstand 100-year 
flood events; 
‘‘(iii) upgrades to and installation of 
tide gates to protect highways; and 
‘‘(iv) upgrades to and installation of 
flood gates to protect tunnel entrances. 
‘‘(D) FEDERAL COST SHARE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in subsection (f)(1), the Federal 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
167 
share of the cost of a project carried out 
using funds made available under para-
graph (1) shall not exceed 80 percent of 
the total project cost. 
‘‘(ii) NON-FEDERAL SHARE.—A State 
may use Federal funds other than Federal 
funds made available under this subsection 
to meet the non-Federal cost share re-
quirement for a project under this sub-
section. 
‘‘(E) ELIGIBLE PROJECT COSTS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), eligible project costs 
for activities carried out by a State with 
funds made available under paragraph (1) 
may include the costs of— 
‘‘(I) development phase activities, 
including planning, feasibility anal-
ysis, revenue forecasting, environ-
mental review, preliminary engineer-
ing and design work, and other 
preconstruction activities; and 
‘‘(II) construction, reconstruc-
tion, rehabilitation, and acquisition of 
real property (including land related 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
168 
to the project and improvements to 
land), environmental mitigation, con-
struction contingencies, acquisition of 
equipment directly related to improv-
ing system performance, and oper-
ational improvements. 
‘‘(ii) ELIGIBLE PLANNING COSTS.—In 
the case of a planning activity described in 
subsection (d)(3) that is carried out by a 
State with funds made available under 
paragraph (1), eligible costs may include 
development phase activities, including 
planning, feasibility analysis, revenue fore-
casting, environmental review, preliminary 
engineering 
and 
design 
work, 
other 
preconstruction activities, and other activi-
ties consistent with carrying out the pur-
poses of subsection (d)(3). 
‘‘(F) LIMITATIONS.—In carrying out this 
subsection, a State— 
‘‘(i) may use not more than 25 per-
cent of the amounts made available under 
this subsection for the construction of new 
capacity so long as such inclusion is cost- 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
169 
effective and is directly related to the un-
derlying project; and 
‘‘(ii) may use not more than 10 per-
cent of the amounts made available under 
this subsection for activities described in 
subparagraph (E)(i)(I). 
‘‘(d) COMPETITIVE AWARDS.— 
‘‘(1) IN GENERAL.—In addition to funds dis-
tributed to States under subsection (c)(1), the Sec-
retary shall provide grants on a competitive basis 
under this subsection to eligible entities described in 
paragraph (2). 
‘‘(2) ELIGIBLE ENTITIES.—The Secretary may 
make a grant under this subsection to any of the fol-
lowing: 
‘‘(A) A State or political subdivision of a 
State. 
‘‘(B) A metropolitan planning organiza-
tion. 
‘‘(C) A unit of local government. 
‘‘(D) A special purpose district or public 
authority with a transportation function, includ-
ing a port authority. 
‘‘(E) An Indian tribe (as defined in section 
207(m)(1)). 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
170 
‘‘(F) A Federal land management agency 
that applies jointly with a State or group of 
States. 
‘‘(G) A multi-State or multijurisdictional 
group of entities described in subparagraphs 
(A) through (F). 
‘‘(3) PLANNING
GRANTS.—Using funds made 
available for purposes under this subsection, the 
Secretary shall provide planning grants to eligible 
entities for the purpose of— 
‘‘(A) in the case of a State or metropolitan 
planning organization, developing a resilience 
improvement plan under subsection (f)(2); 
‘‘(B) resilience planning, predesign, design, 
or the development of data tools to simulate 
transportation disruption scenarios, including 
vulnerability assessments; 
‘‘(C) technical capacity building by the eli-
gible entity to facilitate the ability of the eligi-
ble entity to assess the vulnerabilities of the in-
frastructure assets and community response 
strategies of the eligible entity under current 
conditions and a range of potential future con-
ditions; or 
‘‘(D) evacuation planning and preparation. 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
171 
‘‘(4) RESILIENCE GRANTS.— 
‘‘(A) 
RESILIENCE
IMPROVEMENT 
GRANTS.— 
‘‘(i) IN GENERAL.—Using funds made 
available for purposes under this sub-
section, the Secretary shall provide resil-
ience improvement grants to eligible enti-
ties to carry out 1 or more eligible activi-
ties under clause (ii). 
‘‘(ii) ELIGIBLE ACTIVITIES.— 
‘‘(I) IN
GENERAL.—An eligible 
entity may use a resilience improve-
ment grant under this subparagraph 
for 1 or more construction activities 
to enable an existing surface transpor-
tation infrastructure asset to with-
stand or reduce the costs and impact 
of 1 or more elements of a weather 
event or natural disaster, or to in-
crease the resilience of surface trans-
portation 
infrastructure 
from 
the 
costs and impacts of changing condi-
tions, such as sea level rise, flooding, 
extreme weather events, and other 
natural disasters. 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
172 
‘‘(II) INCLUSIONS.—An activity 
eligible to be carried out under this 
subparagraph includes— 
‘‘(aa) resurfacing, restora-
tion, rehabilitation, reconstruc-
tion, replacement, improvement, 
or realignment of an existing sur-
face transportation facility eligi-
ble for assistance under this title; 
‘‘(bb) the incorporation of 
natural infrastructure; 
‘‘(cc) the upgrade of an ex-
isting surface transportation fa-
cility to meet or exceed Federal 
Highway 
Administration 
ap-
proved design standards; 
‘‘(dd) the installation of 
mitigation measures that prevent 
the intrusion of floodwaters into 
surface transportation systems; 
‘‘(ee) strengthening systems 
that remove rainwater from sur-
face transportation facilities; 
‘‘(ff) a resilience project that 
addresses 
identified 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
175 
‘‘(II) the eligible activity pro-
posed to be carried out by the eligible 
entity is included in the applicable re-
silience improvement plan under sub-
section (f)(2). 
‘‘(B) COMMUNITY RESILIENCE AND EVAC-
UATION ROUTE GRANTS.— 
‘‘(i) IN GENERAL.—Using funds made 
available for purposes under this sub-
section, the Secretary shall provide com-
munity resilience and evacuation route 
grants to eligible entities to carry out 1 or 
more eligible activities under clause (ii). 
‘‘(ii) ELIGIBLE ACTIVITIES.—An eligi-
ble entity may use a community resilience 
and evacuation route grant under this sub-
paragraph for 1 or more projects that 
strengthen and protect evacuation routes 
that are essential for providing and sup-
porting evacuations caused by emergency 
events, including a project that— 
‘‘(I) is an eligible activity under 
subparagraph (A)(ii), if that eligible 
activity will improve an evacuation 
route; 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
176 
‘‘(II) ensures the ability of the 
evacuation route to provide safe pas-
sage during an evacuation and re-
duces the risk of damage to evacu-
ation routes as a result of future 
emergency events, including restoring 
or replacing existing evacuation routes 
that are in poor condition or not de-
signed to meet the anticipated de-
mand during an emergency event, and 
including steps to protect routes from 
mud, rock, or other debris slides; 
‘‘(III) if the Secretary determines 
that existing evacuation routes are not 
sufficient to adequately facilitate evac-
uations, including the transportation 
of emergency responders and recovery 
resources, expands the capacity of 
evacuation routes to swiftly and safely 
accommodate evacuations, including 
installation of— 
‘‘(aa) communications and 
intelligent transportation system 
equipment and infrastructure; 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
177 
‘‘(bb) counterflow measures; 
or 
‘‘(cc) shoulders; 
‘‘(IV) is for the construction of— 
‘‘(aa) new or redundant 
evacuation routes, if the Sec-
retary determines that existing 
evacuation routes are not suffi-
cient 
to 
adequately 
facilitate 
evacuations, including the trans-
portation of emergency respond-
ers and recovery resources; or 
‘‘(bb) 
sheltering 
facilities 
that are functionally connected to 
an eligible project; 
‘‘(V) is for the acquisition of 
evacuation route or traffic incident 
management equipment, vehicles, or 
signage; or 
‘‘(VI) will ensure access or serv-
ice to critical destinations, including 
hospitals and other medical or emer-
gency service facilities, major employ-
ers, critical manufacturing centers, 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
178 
ports and intermodal facilities, utili-
ties, and Federal facilities. 
‘‘(iii) PRIORITY.—The Secretary shall 
prioritize community resilience and evacu-
ation route grants under this subpara-
graph for eligible activities that are cost-ef-
fective, as determined by the Secretary, 
taking into account— 
‘‘(I) 
current 
and 
future 
vulnerabilities to an evacuation route 
due to future occurrence or recurrence 
of emergency events that are likely to 
occur in the geographic area in which 
the evacuation route is located; and 
‘‘(II) projected changes in devel-
opment patterns, demographics, and 
extreme weather events based on the 
best available evidence and analysis. 
‘‘(iv) CONSULTATION.—In providing 
grants for community resilience and evacu-
ation routes under this subparagraph, the 
Secretary shall consult with the Adminis-
trator of the Federal Emergency Manage-
ment Agency, who shall provide technical 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
179 
assistance to the Secretary and to eligible 
entities. 
‘‘(C) AT-RISK COASTAL INFRASTRUCTURE 
GRANTS.— 
‘‘(i) 
DEFINITION
OF
COASTAL 
STATE.—In this subparagraph, the term 
‘coastal State’ means— 
‘‘(I) a State in, or bordering on, 
the Atlantic, Pacific, or Arctic Ocean, 
the Gulf of Mexico, Long Island 
Sound, or 1 or more of the Great 
Lakes; 
‘‘(II) the United States Virgin Is-
lands; 
‘‘(III) Guam; 
‘‘(IV) American Samoa; 
‘‘(V) the Commonwealth of the 
Northern Mariana Islands; and 
‘‘(VI) Puerto Rico. 
‘‘(ii) GRANTS.—Using funds made 
available for purposes under this sub-
section, the Secretary shall provide at-risk 
coastal infrastructure grants to eligible en-
tities in coastal States to carry out 1 or 
more eligible activities under clause (iii). 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
180 
‘‘(iii) ELIGIBLE ACTIVITIES.—An eli-
gible entity may use an at-risk coastal in-
frastructure grant under this subpara-
graph for strengthening, stabilizing, hard-
ening, elevating, relocating, or otherwise 
enhancing the resilience of highway and 
non-rail infrastructure, including bridges, 
roads, pedestrian walkways, and bicycle 
lanes, and associated infrastructure, such 
as culverts and tide gates, that are subject 
to, or face increased long-term future risks 
of, a weather event, a natural disaster, or 
changing 
conditions, 
including 
coastal 
flooding, coastal erosion, wave action, 
storm surge, or sea level rise, in order to 
improve transportation and public safety 
and to reduce costs by avoiding larger fu-
ture maintenance or rebuilding costs. 
‘‘(iv) CRITERIA.—The Secretary shall 
provide 
at-risk 
coastal 
infrastructure 
grants under this subparagraph for a 
project— 
‘‘(I) that addresses the risks 
from a current or future weather 
event or natural disaster, including 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
181 
coastal flooding, coastal erosion, wave 
action, storm surge, or sea level rise; 
and 
‘‘(II) that reduces long-term in-
frastructure costs by avoiding larger 
future 
maintenance 
or 
rebuilding 
costs. 
‘‘(v) COASTAL
BENEFITS.—In addi-
tion to the criteria under clause (iv), for 
the purpose of providing at-risk coastal in-
frastructure grants under this subpara-
graph, the Secretary shall evaluate the ex-
tent to which a project will provide— 
‘‘(I) access to coastal homes, 
businesses, communities, and other 
critical infrastructure, including ac-
cess by first responders and other 
emergency personnel; or 
‘‘(II) access to a designated evac-
uation route. 
‘‘(5) GRANT REQUIREMENTS.— 
‘‘(A) SOLICITATIONS
FOR
GRANTS.—In 
providing grants under this subsection, the Sec-
retary shall conduct a transparent and competi-
tive national solicitation process to select eligi-
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
182 
ble projects to receive grants under paragraph 
(3) and subparagraphs (A), (B), and (C) of 
paragraph (4). 
‘‘(B) APPLICATIONS.— 
‘‘(i) IN GENERAL.—To be eligible to 
receive a grant under paragraph (3) or 
subparagraph (A), (B), or (C) of para-
graph (4), an eligible entity shall submit to 
the Secretary an application in such form, 
at such time, and containing such informa-
tion as the Secretary determines to be nec-
essary. 
‘‘(ii) PROJECTS IN CERTAIN AREAS.— 
If a project is proposed to be carried out 
by the eligible entity, in whole or in part, 
within a base floodplain, the eligible entity 
shall— 
‘‘(I) as part of the application, 
identify the floodplain in which the 
project is to be located and disclose 
that information to the Secretary; and 
‘‘(II) indicate in the application 
whether, if selected, the eligible entity 
will implement 1 or more components 
of the risk mitigation plan under sec-
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
183 
tion 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165) with re-
spect to the area. 
‘‘(C) ELIGIBILITIES.—The Secretary may 
make a grant under paragraph (3) or subpara-
graph (A), (B), or (C) of paragraph (4) only 
for— 
‘‘(i) a highway project eligible for as-
sistance under this title; 
‘‘(ii) a public transportation facility or 
service eligible for assistance under chapter 
53 of title 49; or 
‘‘(iii) a facility or service for intercity 
rail passenger transportation (as defined in 
section 24102 of title 49). 
‘‘(D) SYSTEM RESILIENCE.—A project for 
which a grant is provided under paragraph (3) 
or subparagraph (A), (B), or (C) of paragraph 
(4) may include the use of natural infrastruc-
ture or the construction or modification of 
storm surge, flood protection, or aquatic eco-
system restoration elements that the Secretary 
determines are functionally connected to a 
transportation improvement, such as— 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
184 
‘‘(i) increasing marsh health and total 
area adjacent to a highway right-of-way to 
promote additional flood storage; 
‘‘(ii) upgrades to and installation of 
culverts designed to withstand 100-year 
flood events; 
‘‘(iii) upgrades to and installation of 
tide gates to protect highways; and 
‘‘(iv) upgrades to and installation of 
flood gates to protect tunnel entrances. 
‘‘(E) FEDERAL COST SHARE.— 
‘‘(i) PLANNING GRANT.—The Federal 
share of the cost of a planning activity car-
ried out using a planning grant under 
paragraph (3) shall be 100 percent. 
‘‘(ii) RESILIENCE GRANTS.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II) and sub-
section (f)(1), the Federal share of 
the cost of a project carried out using 
a grant under subparagraph (A), (B), 
or (C) of paragraph (4) shall not ex-
ceed 80 percent of the total project 
cost. 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
185 
‘‘(II) 
TRIBAL
PROJECTS.—On 
the determination of the Secretary, 
the Federal share of the cost of a 
project carried out using a grant 
under subparagraph (A), (B), or (C) 
of paragraph (4) by an Indian tribe 
(as defined in section 207(m)(1)) may 
be up to 100 percent. 
‘‘(iii) NON-FEDERAL SHARE.—The eli-
gible entity may use Federal funds other 
than Federal funds provided under this 
subsection to meet the non-Federal cost 
share requirement for a project carried out 
with a grant under this subsection. 
‘‘(F) ELIGIBLE PROJECT COSTS.— 
‘‘(i) RESILIENCE GRANT PROJECTS.— 
Eligible project costs for activities funded 
with a grant under subparagraph (A), (B), 
or (C) of paragraph (4) may include the 
costs of— 
‘‘(I) development phase activities, 
including planning, feasibility anal-
ysis, revenue forecasting, environ-
mental review, preliminary engineer-
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
186 
ing and design work, and other 
preconstruction activities; and 
‘‘(II) construction, reconstruc-
tion, rehabilitation, and acquisition of 
real property (including land related 
to the project and improvements to 
land), environmental mitigation, con-
struction contingencies, acquisition of 
equipment directly related to improv-
ing system performance, and oper-
ational improvements. 
‘‘(ii) 
PLANNING
GRANTS.—Eligible 
project costs for activities funded with a 
grant under paragraph (3) may include the 
costs of development phase activities, in-
cluding planning, feasibility analysis, rev-
enue forecasting, environmental review, 
preliminary engineering and design work, 
other preconstruction activities, and other 
activities consistent with carrying out the 
purposes of that paragraph. 
‘‘(G) LIMITATIONS.—An eligible entity 
that receives a grant under subparagraph (A), 
(B), or (C) of paragraph (4)— 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
187 
‘‘(i) may use not more than 25 per-
cent of the amount of the grant for the 
construction of new capacity so long as 
such inclusion is cost-effective and is di-
rectly related to the underlying project; 
and 
‘‘(ii) may use not more than 10 per-
cent of the amount of the grant for activi-
ties described in subparagraph (F)(i)(I). 
‘‘(H) DISTRIBUTION OF GRANTS.— 
‘‘(i) IN
GENERAL.—Subject to the 
availability of funds, an eligible entity may 
request and the Secretary may distribute 
funds for a grant under this subsection on 
a multiyear basis, as the Secretary deter-
mines to be necessary. 
‘‘(ii) 
RURAL
SET-ASIDE.—Of 
the 
amounts made available to carry out this 
subsection for each fiscal year, the Sec-
retary shall use not less than 25 percent 
for grants for projects located in areas 
that are outside an urbanized area with a 
population of over 200,000. 
‘‘(iii) TRIBAL
SET-ASIDE.—Of the 
amounts made available to carry out this 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
188 
subsection for each fiscal year, the Sec-
retary shall use not less than 2 percent for 
grants to Indian tribes (as defined in sec-
tion 207(m)(1)). 
‘‘(iv) REALLOCATION.—For any fiscal 
year, if the Secretary determines that the 
amount described in clause (ii) or (iii) will 
not be fully utilized for the grant described 
in that clause, the Secretary may reallocate 
the unutilized funds to provide grants to 
other eligible entities under this subsection. 
‘‘(e) CONSULTATION.—In carrying out the program, 
the Secretary shall— 
‘‘(1) consult with the Assistant Secretary of the 
Army for Civil Works, the Administrator of the En-
vironmental Protection Agency, the Secretary of the 
Interior, and the Secretary of Commerce; and 
‘‘(2) solicit technical support from the Adminis-
trator of the Federal Emergency Management Agen-
cy. 
‘‘(f) RESILIENCE IMPROVEMENT PLAN AND LOWER 
NON-FEDERAL SHARE.— 
‘‘(1) FEDERAL SHARE REDUCTIONS.— 
‘‘(A) IN GENERAL.—A State that receives 
funds under subsection (c) or an eligible entity 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
189 
that receives a grant under subsection (d) shall 
have the non-Federal share of a project carried 
out with the funds or grant, as applicable, re-
duced by an amount described in subparagraph 
(B) if the State or eligible entity meets the ap-
plicable requirements under that subparagraph. 
‘‘(B) AMOUNT OF REDUCTIONS.— 
‘‘(i) 
RESILIENCE
IMPROVEMENT 
PLAN.—Subject to clause (iii), the amount 
of the non-Federal share of the costs of a 
project carried out with funds under sub-
section (c) or a grant under subsection (d) 
shall be reduced by 7 percentage points 
if— 
‘‘(I) in the case of a State or an 
eligible entity that is a State or a 
metropolitan planning organization, 
the State or eligible entity has— 
‘‘(aa) developed a resilience 
improvement plan in accordance 
with this subsection; and 
‘‘(bb) prioritized the project 
on that resilience improvement 
plan; and 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
190 
‘‘(II) in the case of an eligible en-
tity not described in subclause (I), the 
eligible entity is located in a State or 
an area served by a metropolitan 
planning organization that has— 
‘‘(aa) developed a resilience 
improvement plan in accordance 
with this subsection; and 
‘‘(bb) prioritized the project 
on that resilience improvement 
plan. 
‘‘(ii) INCORPORATION OF RESILIENCE 
IMPROVEMENT
PLAN
IN
OTHER
PLAN-
NING.—Subject to clause (iii), the amount 
of the non-Federal share of the cost of a 
project carried out with funds under sub-
section (c) or a grant under subsection (d) 
shall be reduced by 3 percentage points 
if— 
‘‘(I) in the case of a State or an 
eligible entity that is a State or a 
metropolitan planning organization, 
the resilience improvement plan devel-
oped in accordance with this sub-
section has been incorporated into the 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
191 
metropolitan 
transportation 
plan 
under section 134 or the long-range 
statewide transportation plan under 
section 135, as applicable; and 
‘‘(II) in the case of an eligible en-
tity not described in subclause (I), the 
eligible entity is located in a State or 
an area served by a metropolitan 
planning 
organization 
that 
incor-
porated a resilience improvement plan 
into the metropolitan transportation 
plan under section 134 or the long- 
range statewide transportation plan 
under section 135, as applicable. 
‘‘(iii) LIMITATIONS.— 
‘‘(I) MAXIMUM
REDUCTION.—A 
State or eligible entity may not receive 
a reduction under this paragraph of 
more than 10 percentage points for 
any single project carried out with 
funds under subsection (c) or a grant 
under subsection (d). 
‘‘(II) NO
NEGATIVE
NON-FED-
ERAL SHARE.—A reduction under this 
paragraph shall not reduce the non- 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
192 
Federal share of the costs of a project 
carried out with funds under sub-
section (c) or a grant under sub-
section (d) to an amount that is less 
than zero. 
‘‘(2) PLAN CONTENTS.—A resilience improve-
ment plan referred to in paragraph (1)— 
‘‘(A) shall be for the immediate and long- 
range planning activities and investments of the 
State or metropolitan planning organization 
with respect to resilience; 
‘‘(B) shall demonstrate a systemic ap-
proach to transportation system resilience and 
be consistent with and complementary of the 
State and local mitigation plans required under 
section 322 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 
U.S.C. 5165); 
‘‘(C) shall— 
‘‘(i) include a risk-based assessment 
of vulnerabilities of transportation assets 
and systems to current and future extreme 
weather events and natural disasters, in-
cluding severe storms, flooding, tornados, 
drought, levee and dam failures, wildfire, 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
193 
landslides, sea level rise, extreme weather 
events, including extreme temperatures, 
and earthquakes; 
‘‘(ii) designate evacuation routes and 
strategies, including multimodal facilities, 
designated with consideration for individ-
uals without access to personal vehicles; 
‘‘(iii) plan for response to anticipated 
emergencies, including plans for the mobil-
ity of— 
‘‘(I) emergency response per-
sonnel and equipment; and 
‘‘(II) access to emergency serv-
ices, including for vulnerable or dis-
advantaged populations; 
‘‘(iv) describe the resilience improve-
ment policies, including strategies, land-use 
and zoning changes, investments in natural 
infrastructure, or performance measures 
that will inform the transportation invest-
ment decisions of the State or metropolitan 
planning organization with the goal of in-
creasing resilience; 
‘‘(v) include an investment plan 
that— 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
194 
‘‘(I) includes a list of priority 
projects; and 
‘‘(II) describes how funds pro-
vided by a grant under the program 
would be invested and matched, which 
shall not be subject to fiscal con-
straint requirements; and 
‘‘(vi) use science and data and indi-
cate the source of data and methodologies; 
and 
‘‘(D) shall, as appropriate— 
‘‘(i) include a description of how the 
plan will improve the ability of the State or 
metropolitan planning organization— 
‘‘(I) to respond promptly to the 
impacts of weather events and natural 
disasters; and 
‘‘(II) to be prepared for changing 
conditions, such as sea level rise and 
increased flood risk; 
‘‘(ii) describe the codes, standards, 
and regulatory framework, if any, adopted 
and enforced to ensure resilience improve-
ments within the impacted area of pro-
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
195 
posed projects included in the resilience 
improvement plan; 
‘‘(iii) consider the benefits of com-
bining hard infrastructure assets, and nat-
ural infrastructure, through coordinated 
efforts by the Federal Government and the 
States; 
‘‘(iv) assess the resilience of other 
community assets, including buildings and 
housing, emergency management assets, 
and energy, water, and communication in-
frastructure; 
‘‘(v) use a long-term planning period; 
and 
‘‘(vi) include such other information 
as the eligible entity considers appropriate. 
‘‘(3) NO
NEW
PLANNING
REQUIREMENTS.— 
Nothing in this section requires a metropolitan plan-
ning organization or a State to develop a resilience 
improvement plan or to include a resilience improve-
ment plan under the metropolitan transportation 
plan under section 134 or the long-range statewide 
transportation plan under section 135, as applicable, 
of the metropolitan planning organization or State. 
‘‘(g) MONITORING.— 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
196 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this section, the Sec-
retary, in consultation with the officials described in 
subsection (e), shall— 
‘‘(A) establish, for the purpose of evalu-
ating the effectiveness and impacts of projects 
carried out under the program— 
‘‘(i) subject to paragraph (2), trans-
portation and any other metrics as the 
Secretary determines to be necessary; and 
‘‘(ii) procedures for monitoring and 
evaluating projects based on those metrics; 
and 
‘‘(B) select a representative sample of 
projects to evaluate based on the metrics and 
procedures established under subparagraph (A). 
‘‘(2) NOTICE.—Before adopting any metrics de-
scribed in paragraph (1), the Secretary shall— 
‘‘(A) publish the proposed metrics in the 
Federal Register; and 
‘‘(B) provide to the public an opportunity 
for comment on the proposed metrics. 
‘‘(h) REPORTS.— 
‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not 
later than 1 year after the date on which a project 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
197 
carried out under the program is completed, the en-
tity that carried out the project shall submit to the 
Secretary a report on the results of the project and 
the use of the funds received under the program. 
‘‘(2) REPORTS TO CONGRESS.— 
‘‘(A) ANNUAL
REPORTS.—The Secretary 
shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives and the Committee on Environ-
ment and Public Works of the Senate, and pub-
lish on the website of the Department of Trans-
portation, an annual report that describes the 
implementation of the program during the pre-
ceding calendar year, including— 
‘‘(i) each project for which a grant 
was provided under the program; 
‘‘(ii) information relating to project 
applications received; 
‘‘(iii) the manner in which the con-
sultation requirements were implemented 
under this section; 
‘‘(iv) recommendations to improve the 
administration of the program, including 
whether assistance from additional or 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
198 
fewer agencies to carry out the program is 
appropriate; 
‘‘(v) the period required to disburse 
grant funds to recipients based on applica-
ble Federal coordination requirements; and 
‘‘(vi) a list of facilities that repeatedly 
require repair or reconstruction due to 
emergency events. 
‘‘(B) FINAL REPORT.—Not later than 5 
years after the date of enactment of the Surface 
Transportation 
Advanced 
through 
Reform, 
Technology, & Efficient Review Act, the Sec-
retary shall submit to Congress a report that 
includes the results of the reports submitted 
under subparagraph (A). The Secretary shall 
use not more than 5 percent of the amounts 
made available to carry out the program for 
each fiscal year for the costs of administering 
the program, including monitoring and evalua-
tion under subsection (g). 
‘‘(C) CONSULTATION.—In developing guid-
ance and regulations, and in providing grants 
under this section, the Secretary shall consult 
with the Administrator of the Federal Emer-
gency Management Agency, who shall provide 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
199 
technical assistance to the Secretary and to eli-
gible entities.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, as amended by this 
Act, is further amended by adding at the end the fol-
lowing: 
‘‘173. Promoting Resilient Operations for Transformative, Efficient, and Cost- 
saving Transportation (PROTECT) grant program.’’. 
SEC. 7002. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (2) by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3) by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) to provide support for measures to in-
crease the resiliency of Federal-aid highways and 
bridges on and off the National Highway System to 
mitigate the impacts of sea level rise, extreme weath-
er events, flooding, or other natural disasters.’’; and 
(2) by adding at the end the following: 
‘‘(k) PROTECTIVE FEATURES.— 
‘‘(1) IN GENERAL.—A State may use not more 
than 15 percent of the funds apportioned to the 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
200 
State under section 104(b)(1) for each fiscal year 
for 1 or more protective features on a Federal-aid 
highway or bridge off the National Highway System, 
if the protective feature is designed to mitigate the 
risk of recurring damage, or the cost of future re-
pairs, from extreme weather events, flooding, or 
other natural disasters. 
‘‘(2) PROTECTIVE
FEATURES
DESCRIBED.—A 
protective feature referred to in paragraph (1) may 
include— 
‘‘(A) raising roadway grades; 
‘‘(B) relocating roadways in a base flood-
plain to higher ground above projected flood 
elevation levels or away from slide prone areas; 
‘‘(C) stabilizing slide areas; 
‘‘(D) stabilizing slopes; 
‘‘(E) installing riprap; 
‘‘(F) lengthening or raising bridges to in-
crease waterway openings; 
‘‘(G) deepening channels to prevent flood-
ing; 
‘‘(H) increasing the size or number of 
drainage structures; 
‘‘(I) replacing culverts with bridges or 
upsizing culverts; 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
201 
‘‘(J) repairing or maintaining tide gates; 
‘‘(K) installing seismic retrofits on bridges; 
‘‘(L) adding scour protection at bridges; 
‘‘(M) adding scour, stream stability, coast-
al, or other hydraulic countermeasures, includ-
ing spur dikes; 
‘‘(N) the use of natural infrastructure to 
mitigate the risk of recurring damage or the 
cost of future repair from extreme weather 
events, flooding, or other natural disasters; and 
‘‘(O) any other features that mitigate the 
risk of recurring damage or the cost of future 
repair as a result of extreme weather events, 
flooding, or other natural disasters, as deter-
mined by the Secretary. 
‘‘(3) SAVINGS PROVISION.—Nothing in this sub-
section limits the ability of a State to carry out a 
project otherwise eligible under subsection (d) using 
funds apportioned under section 104(b)(1).’’. 
SEC. 7003. RESILIENCY IN TRANSIT. 
Section 5324 of title 49, United States Code, is 
amended by— 
(1) striking ‘‘and’’ at the end of subsection 
(b)(1); 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
202 
(2) striking the period at the end of subsection 
(b)(2)(B) and inserting ‘‘; and’’; and 
(3) by adding at the end of subsection (b) the 
following new paragraph: 
‘‘(3) mitigation projects and activities that the 
Secretary determines are cost-effective and which 
substantially reduce the risk of, or increase resilience 
to, future damage, hardship, or loss, related to 
equipment and facilities of a public transportation 
system operating in the United States or on an In-
dian reservation that the Secretary determines is in 
danger of suffering serious damage, or has suffered 
serious damage, as a result of an emergency.’’. 
SEC. 7004. HIGHWAY EMERGENCY RELIEF AND RESIL-
IENCY. 
(a) IN GENERAL.—Section 125 of title 23, United 
States Code, is amended— 
(1) in subsection (a)(1), by inserting ‘‘wildfire, 
sea level rise,’’ after ‘‘severe storm’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under 
this section shall not be used for the repair or reconstruc-
tion of a bridge that has been permanently closed to all 
vehicular traffic by the Federal, State, Tribal, or respon-
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
203 
sible local official because of imminent danger of collapse 
due to a structural deficiency or physical deterioration.’’; 
and 
(3) in subsection (d)— 
(A) in paragraph (2)(A)— 
(i) by striking the period at the end 
and inserting ‘‘; and’’; 
(ii) by striking ‘‘a facility that meets 
the current’’ and inserting the following: 
‘‘a facility that— 
‘‘(i) meets the current’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) incorporates economically justifi-
able improvements designed and dem-
onstrated to mitigate and reduce the risk 
of recurring damage from extreme weather 
events, flooding, or other natural disas-
ters.’’; 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (5) as paragraphs (4) through (6), re-
spectively; and 
(C) by inserting after paragraph (2) the 
following: 
‘‘(3) PROTECTIVE FEATURES.— 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
204 
‘‘(A) IN GENERAL.—The cost of an im-
provement that is part of a project under this 
section shall be an eligible expense under this 
section if the improvement is a protective fea-
ture that is designed and demonstrated to miti-
gate and reduce the risk of recurring damage, 
or the cost of future repair, from extreme 
weather events, flooding, or other natural disas-
ters. 
‘‘(B) 
PROTECTIVE
FEATURES
DE-
SCRIBED.—A protective feature referred to in 
subparagraph (A) may include— 
‘‘(i) raising roadway grades; 
‘‘(ii) relocating roadways in a base 
floodplain to higher ground above projected 
flood elevation levels or away from slide 
prone areas; 
‘‘(iii) stabilizing slide areas; 
‘‘(iv) stabilizing slopes; 
‘‘(v) installing riprap; 
‘‘(vi) lengthening or raising bridges to 
increase waterway openings; 
‘‘(vii) deepening channels to prevent 
flooding; 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
205 
‘‘(viii) increasing the size or number 
of drainage structures; 
‘‘(ix) replacing culverts with bridges 
or upsizing culverts; 
‘‘(x) repairing or maintaining tide 
gates; 
‘‘(xi) installing seismic retrofits on 
bridges; 
‘‘(xii) adding scour protection at 
bridges; 
‘‘(xiii) adding scour, stream stability, 
coastal, and other hydraulic counter-
measures, including spur dikes; 
‘‘(xiv) the use of natural infrastruc-
ture to mitigate the risk of recurring dam-
age or the cost of future repair from ex-
treme weather events, flooding, or other 
natural disasters; and 
‘‘(xv) any other features that mitigate 
the risk of recurring damage or the cost of 
future repair as a result of extreme weath-
er events, flooding, or other natural disas-
ters, as determined by the Secretary.’’. 
(b) EMERGENCY RELIEF PROJECTS.— 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
206 
(1) 
DEFINITION
OF
EMERGENCY
RELIEF 
PROJECT.—In this section, the term ‘‘emergency re-
lief project’’ means a project carried out under the 
emergency relief program under section 125 of title 
23, United States Code. 
(2) IMPROVING THE EMERGENCY RELIEF PRO-
GRAM.—Not later than 90 days after the date of en-
actment of this Act, the Secretary shall— 
(A) revise the emergency relief manual of 
the Federal Highway Administration— 
(i) to include and reflect the definition 
of the term ‘‘resilience’’ (as defined in sec-
tion 101(a) of title 23, United States 
Code); 
(ii) to ensure resilience measures are 
cost-effective and substantially reduce the 
risk of, or increase resilience to, future 
damage, hardship, loss, or suffering in any 
area affected by a declared disaster; 
(iii) to identify procedures that States 
may use to incorporate resilience into 
emergency relief projects; and 
(iv) to encourage the use of Complete 
Streets design principles and consideration 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
207 
of access for moderate- and low-income 
families impacted by a declared disaster; 
(B) develop best practices for improving 
the use of resilience in— 
(i) the emergency relief program 
under section 125 of title 23, United 
States Code; and 
(ii) emergency relief efforts; 
(C) provide to division offices of the Fed-
eral Highway Administration and State depart-
ments of transportation information on the best 
practices developed under paragraph (2); and 
(D) develop and implement a process to 
track— 
(i) the consideration of resilience as 
part of the emergency relief program under 
section 125 of title 23, United States 
Code; and 
(ii) the measurement of risk reduction 
and costs of emergency relief projects. 
(3) CONSULTATION.—In carrying out actions 
pursuant to paragraph (2), the Secretary shall con-
sult with the Administrator of the Federal Emer-
gency Management Agency to ensure resiliency guid-
ance and activities are consistent with and do not 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
208 
conflict with other resiliency and mitigation activities 
and priorities. 
SEC. 7005. HIGHWAY RESILIENCY INCENTIVES. 
Section 120(c) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(4) PROTECTIVE FEATURES.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, the Federal share pay-
able for the cost of a protective feature on a 
Federal-aid highway or bridge project under 
this title may be up to 100 percent, at the dis-
cretion of the State, if the protective feature is 
an improvement designed and demonstrated to 
mitigate and reduce the risk of recurring dam-
age, or the cost of future repair, from extreme 
weather events, flooding, or other natural disas-
ters. 
‘‘(B) 
PROTECTIVE
FEATURES
DE-
SCRIBED.—A protective feature referred to in 
subparagraph (A) may include— 
‘‘(i) raising roadway grades; 
‘‘(ii) relocating roadways in a base 
floodplain to higher ground above projected 
flood elevation levels or away from slide 
prone areas; 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
209 
‘‘(iii) stabilizing slide areas; 
‘‘(iv) stabilizing slopes; 
‘‘(v) installing riprap; 
‘‘(vi) lengthening or raising bridges to 
increase waterway openings; 
‘‘(vii) deepening channels to prevent 
flooding; 
‘‘(viii) increasing the size or number 
of drainage structures; 
‘‘(ix) replacing culverts with bridges 
or upsizing culverts; 
‘‘(x) repairing or maintaining tide 
gates; 
‘‘(xi) installing seismic retrofits on 
bridges; 
‘‘(xii) adding scour protection at 
bridges; 
‘‘(xiii) adding scour, stream stability, 
coastal, and other hydraulic counter-
measures, including spur dikes; 
‘‘(xiv) the use of natural infrastruc-
ture to mitigate and reduce the risk of re-
curring damage or the cost of future repair 
from extreme weather events, flooding, or 
other natural disasters; and 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
210 
‘‘(xv) any other features that mitigate 
and reduce the risk of recurring damage or 
the cost of future repair as a result of ex-
treme weather events, flooding, or other 
natural disasters, as determined by the 
Secretary.’’. 
SEC. 7006. GUIDANCE ON INUNDATED AND SUBMERGED 
ROADS. 
Upon issuance of guidance issued pursuant to section 
1228 of the Disaster Recovery Reform Act of 2018 (Public 
Law 115–254), the Administrator of the Federal Highway 
Administration, in consultation with the Administrator of 
the Federal Emergency Management Agency, shall review 
such guidance and issue guidance regarding repair, res-
toration, and replacement of inundated and submerged 
roads damaged or destroyed by a major disaster declared 
pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) with 
respect to roads eligible for assistance under Federal 
Highway Administration programs. 
SEC. 7007. GUIDANCE ON EVACUATION ROUTES. 
(a) IN GENERAL.— 
(1) GUIDANCE.—The Administrator of the Fed-
eral Highway Administration, in coordination with 
the Administrator of the Federal Emergency Man-
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
211 
agement Agency and consistent with guidance issued 
by the Federal Emergency Management Agency pur-
suant to section 1209 of the Disaster Recovery Re-
form Act of 2018 (Public Law 115–254), shall re-
vise existing guidance or issue new guidance as ap-
propriate for State, local, and Indian Tribal govern-
ments regarding the design, construction, mainte-
nance, and repair of evacuation routes. 
(2) CONSIDERATIONS.—In revising or issuing 
guidance under subsection (a)(1), the Administrator 
of the Federal Highway Administration shall con-
sider— 
(A) methods that assist evacuation routes 
to— 
(i) withstand likely risks to viability, 
including flammability and hydrostatic 
forces; 
(ii) improve durability, strength (in-
cluding the ability to withstand tensile 
stresses and compressive stresses), and 
sustainability; and 
(iii) provide for long-term cost sav-
ings; 
(B) the ability of evacuation routes to ef-
fectively manage contraflow operations; 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
212 
(C) for evacuation routes on public lands, 
the viewpoints of the applicable Federal land 
management agency regarding emergency oper-
ations, sustainability, and resource protection; 
and 
(D) such other items the Administrator of 
the Federal Highway Administration considers 
appropriate. 
(3) REPORT.—In the case in which the Admin-
istrator of the Federal Highway Administration, in 
consultation with the Administrator of the Federal 
Emergency Management Agency, concludes existing 
guidance addresses the considerations in paragraph 
(2), the Administrator of the Federal Highway Ad-
ministration 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 detailed report de-
scribing how existing guidance addresses such con-
siderations. 
(b) STUDY.—The Administrator of the Federal High-
way Administration, in coordination with the Adminis-
trator of the Federal Emergency Management Agency and 
State, local, territorial, and Indian Tribal governments, 
shall— 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
213 
(1) conduct a study of the adequacy of available 
evacuation routes to accommodate the flow of evac-
uees; and 
(2) submit recommendations to Congress on 
how to help with anticipated evacuation route flow, 
based on the study conducted under paragraph (1). 
SEC. 7008. DEFINITIONS. 
Section 101(a) of title 23, United States Code, is 
amended— 
(1) in paragraph (4)(A) by inserting ‘‘assessing 
resilience,’’ after ‘‘surveying,’’; and 
(2) by adding at the end the following: 
‘‘(35) RESILIENCE.—Unless otherwise specified, 
the term ‘resilience’, with respect to a project, means 
a project with the ability to anticipate, prepare for, 
or adapt to conditions or mitigate against, with-
stand, respond to, or recover rapidly from disrup-
tions, including the ability— 
‘‘(A) to resist hazards, mitigate against, 
reduce costs associated with or withstand im-
pacts from weather events and natural disas-
ters; or 
‘‘(B) to have the absorptive capacity, 
adaptive capacity, and recoverability to decrease 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
214 
project vulnerability to weather events or other 
natural disasters.’’. 
SEC. 7009. UNIVERSITY TRANSPORTATION CENTERS. 
Section 5505 of title 49, United States Code, is 
amended— 
(1) in subsection (a)(2) by adding at the end 
the following: 
‘‘(D) to consider the ability to anticipate, 
prepare for, or adapt to conditions or with-
stand, increase resiliency to, reduce costs re-
lated to, respond to, or recover rapidly from 
disruptions resulting from extreme weather 
events and natural disasters.’’; 
(2) in subsection (b)(4)(A) by striking ‘‘re-
search priorities identified in chapter 65.’’ and in-
serting the following: ‘‘following research priorities: 
‘‘(i) Improving the mobility of people 
and goods. 
‘‘(ii) Reducing congestion. 
‘‘(iii) Promoting safety. 
‘‘(iv) Improving the durability and ex-
tending the life of transportation infra-
structure and the existing transportation 
system. 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
215 
‘‘(v) Improving the ability to antici-
pate, prepare for, or adapt to conditions or 
withstand, respond to, or recover rapidly 
from disruptions resulting from extreme 
weather events and natural disasters.’’; 
and 
(3) in subsection (c)(4)— 
(A) in subparagraph (C) by adding at the 
end the following: ‘‘In awarding grants under 
this section, the Secretary shall also select not 
less than 1 grant recipient with each of the fol-
lowing focus areas: 
‘‘(i) Improving the ability to antici-
pate, prepare for, or adapt to conditions or 
withstand, increase resiliency to, reduce 
costs related to, respond to, or recover rap-
idly from disruptions resulting from ex-
treme weather events and natural disas-
ters. 
‘‘(ii) Developing innovative road de-
signs, materials, and restoration strategies 
to better enhance the durability and struc-
tural integrity of roads and subgrade soils 
that may become inundated during severe 
weather events. 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
216 
‘‘(iii) Enhancing the viability and du-
rability of evacuation routes, including 
ways to effectively manage contraflow op-
erations to minimize casualties.’’; and 
(B) by adding at the end the following: 
‘‘(D) CONSIDERATIONS FOR SELECTED IN-
STITUTIONS.— 
‘‘(i) IN GENERAL.—Tier 1 transpor-
tation centers awarded a grant under this 
paragraph with a focus area described in 
subparagraph (C) shall consider the fol-
lowing areas for research: 
‘‘(I) Developing new materials 
and improving the performance and 
resiliency of existing materials for the 
construction of roads, bridges, rail, 
and related transportation infrastruc-
ture. 
‘‘(II) Reducing local, State, Fed-
eral, and tribal costs associated with 
natural disasters and severe weather. 
‘‘(III) 
Innovative 
technologies 
and 
approaches 
to 
pre-mitigate 
against severe weather. 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
217 
‘‘(IV) The durability of roadways 
and subgrade with respect to flamma-
bility and hydrostatic forces. 
‘‘(V) Strategies to mitigate the 
costs associated with vulnerabilities in 
Federal evacuation routes, with re-
spect to overcrowding and inundation. 
‘‘(ii) ACTIVITIES.—A tier 1 transpor-
tation center receiving a grant under this 
section with a focus area described in sub-
paragraph (C) may— 
‘‘(I) establish best practices; 
‘‘(II) develop modeling tools; and 
‘‘(III) carry out other activities 
and develop technology that addresses 
the planning considerations described 
in clause (i).’’. 
SEC. 7010. PRE-DISASTER HAZARD MITIGATION PILOT PRO-
GRAM. 
(a) IN GENERAL.—Section 125 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(h) PRE-DISASTER HAZARD MITIGATION PILOT 
PROGRAM.— 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
218 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a pre-disaster mitigation program for the pur-
pose of mitigating future hazards posed to Federal- 
aid highways. 
‘‘(2) DISTRIBUTION
OF
FUNDS.—Every 6 
months, the Secretary shall total the amount of 
funds made available to each State, territory, Tribal, 
or other eligible entity under the emergency relief 
program during the preceding 6 months and remit 
an additional 5 percent from the Highway Trust 
Fund to those entities for eligible activities described 
in paragraph (3). 
‘‘(3) ELIGIBLE ACTIVITIES.—Funds made avail-
able under subsection (h)(2) shall be used for miti-
gation projects and activities that the Secretary de-
termines are cost-effective and that substantially re-
duce the risk of, or increase resilience to, future 
damage as a result of natural disasters, such as by 
flood, hurricane, tidal wave, earthquake, severe 
storm, or landslide by upgrading existing assets to 
meet or exceed design standards adopted by the 
Federal Highway Administration by means of the 
following: 
‘‘(A) Relocating or elevating roadways. 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
219 
‘‘(B) Increasing the size or number of 
drainage structures, including culverts. 
‘‘(C) Installing mitigation measures to pre-
vent the impairment of transportation assets as 
a result of the intrusion of floodwaters. 
‘‘(D) Improving bridges to expand water 
capacity and prevent flooding. 
‘‘(E) Deepening channels to prevent asset 
inundation and improve drainage. 
‘‘(F) Improving strength of natural fea-
tures adjacent to highway rights-of-way to pro-
mote additional flood storage. 
‘‘(G) Installing or upgrading tide gates 
and flood gates. 
‘‘(H) Stabilizing slide areas or slopes. 
‘‘(I) Installing seismic retrofits for bridges. 
‘‘(J) Adding scour protection at bridges. 
‘‘(K) Adding scour, stream stability, coast-
al, or other hydraulic countermeasures, includ-
ing riprap. 
‘‘(L) Installing intelligent transportation 
system equipment to monitor infrastructure 
quality. 
‘‘(M) Any other protective features as de-
termined by the Secretary. 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6201
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS
220 
‘‘(4) REPORT.—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 an 
annual report detailing— 
‘‘(A) a description of the activities carried 
out under the pilot program; 
‘‘(B) an evaluation of the effectiveness of 
the pilot program in meeting purposes described 
in paragraph (1); and 
‘‘(C) policy recommendations to improve 
the effectiveness of the pilot program.’’. 
(b) SUNSET.—The amendments made by this section 
shall be repealed on the date that is 5 years after the date 
of enactment of this Act. 
Æ 
VerDate Sep 11 2014 
22:38 Aug 06, 2020
Jkt 099200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6301
E:\BILLS\H7248.IH
H7248
pbinns on DSKJLVW7X2PROD with BILLS