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highways shall provide for the regional interoper-
ability of electronic toll collection, including through 
technologies or business practices. 
‘‘(11) NONCOMPLIANCE.—If the Secretary con-
cludes that a public authority has not complied with 
the requirements of this subsection, the Secretary 
may require the public authority to discontinue col-
lecting tolls until the public authority and the Sec-
retary enter into an agreement for the public author-
ity to achieve compliance with such requirements. 
‘‘(12) DEFINITIONS.—In this subsection, the 
following definitions apply: 
‘‘(A) FEDERAL PARTICIPATION.—The term 
‘Federal participation’ means the use of funds 
made available under this title. 
‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 
The term ‘high occupancy vehicle’ or ‘HOV’ 
means a vehicle with not fewer than 2 occu-
pants. 
‘‘(C) INITIAL CONSTRUCTION.— 
‘‘(i) IN GENERAL.—The term ‘initial 
construction’ means the construction of a 
highway, bridge, tunnel, or other facility at 
any time before it is open to traffic. 
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‘‘(ii) EXCLUSIONS.—The term ‘initial 
construction’ does not include any improve-
ment to a highway, bridge, tunnel, or other 
facility after it is open to traffic. 
‘‘(D) OVER-THE-ROAD
BUS.—The term 
‘over-the-road bus’ has the meaning given the 
term in section 301 of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12181). 
‘‘(E) 
PUBLIC
AUTHORITY.—The 
term 
‘public authority’ means a State, interstate 
compact of States, or public entity designated 
by a State. 
‘‘(F) 
PUBLIC
TRANSPORTATION
VEHI-
CLE.—The term ‘public transportation vehicle’ 
has the meaning given that term in section 166. 
‘‘(G) TOLL FACILITY.—The term ‘toll fa-
cility’ means a toll highway, bridge, or tunnel or 
approach to the highway, bridge, or tunnel con-
structed or authorized to be tolled under this 
subsection.’’. 
(b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC-
TION AND REHABILITATION PILOT PROGRAM.—Section 
1216 of the Transportation Equity Act for the 21st Cen-
tury (23 U.S.C. 129 note), and the item related to such 
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section in the table of contents in section 1(b) of such Act, 
are repealed. 
(c) VALUE
PRICING
PILOT
PROGRAM.—Section 
1012(b) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (23 U.S.C. 149 note) is amended by 
adding at the end the following: 
‘‘(9) SUNSET.—The Secretary may not consider 
an expression of interest submitted under this sec-
tion after the date of enactment of this paragraph.’’. 
(d) SAVINGS CLAUSE.— 
(1) APPLICATION
OF
LIMITATIONS.—Any toll 
facility described in paragraph (2) shall be subject to 
the requirements of section 129(a)(3) of title 23, 
United States Code, as in effect on the day before 
the date of enactment of this Act. 
(2) TOLL FACILITIES.—A toll facility described 
in this paragraph is a facility that, on the day prior 
to the date of enactment of this Act, was— 
(A) operating; 
(B) in the planning and design phase; or 
(C) in the construction phase. 
(e) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Transportation 
shall submit to Congress a report on the implementation 
of the interoperability of toll collection as required under 
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section 1512(b) of MAP–21, including an assessment of 
the progress in, and barriers on, such implementation. 
SEC. 1111. HOV FACILITIES. 
Section 166 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (4)(C)(iii) by striking 
‘‘transportation buses’’ and inserting ‘‘transpor-
tation vehicles’’; and 
(B) in paragraph (5)(B) by striking 
‘‘2019’’ and inserting ‘‘2025’’; 
(2) in subsection (d)(2)(A)(i) by striking ‘‘45 
miles per hour, in the case of a HOV facility with 
a speed of 50 miles per hour or greater’’ and insert-
ing ‘‘35 miles per hour, in the case of a HOV facility 
with a speed limit of 45 miles per hour or greater’’; 
(3) in subsection (d)(2)(B) by striking ‘‘morn-
ing or evening weekday peak hour periods (or both)’’ 
and inserting ‘‘peak hour periods’’; 
(4) in subsection (e)— 
(A) by striking ‘‘Not later than 180 days 
after the date of enactment of this section, the 
Administrator’’ and inserting ‘‘The Adminis-
trator’’; 
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(B) in paragraph (1) by striking ‘‘and’’ at 
the end; 
(C) in paragraph (2) by striking the period 
at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(3) not later than 180 days after the date of 
enactment of the INVEST in America Act, update 
the requirements established under paragraph (1).’’; 
and 
(5) in subsection (f)— 
(A) in paragraph (1)— 
(i) by striking subparagraphs (C), 
(D), and (F); and 
(ii) by redesignating subparagraphs 
(E), (G), (H), and (I) as subparagraphs 
(C), (D), (E), and (F), respectively; and 
(B) in paragraph (6)(B)(i) by striking 
‘‘public entity’’ and inserting ‘‘public transpor-
tation service that is a recipient or subrecipient 
of funds under chapter 53 of title 49’’. 
SEC. 1112. BUY AMERICA. 
(a) IN GENERAL.—Section 313 of title 23, United 
States Code, is amended— 
(1) in subsection (a)— 
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Secretary shall make a determination under para-
graph (1) or (2) of subsection (b) as to whether sub-
section (a) shall apply. 
‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days before making a determination regarding a 
waiver described in paragraph (1), the Sec-
retary shall provide notification and an oppor-
tunity for public comment on the request for 
such waiver. 
‘‘(B) NOTIFICATION REQUIREMENTS.—The 
notification required under subparagraph (A) 
shall— 
‘‘(i) describe whether the application 
is being made for a determination de-
scribed in subsection (b)(1); and 
‘‘(ii) be provided to the public by elec-
tronic means, including on the public 
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)— 
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‘‘(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-
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. 
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‘‘(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). 
‘‘(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 
the waivers provided under subsection (h) during the pre-
vious fiscal year and the justifications for such waivers.’’. 
(b) 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.—Except as otherwise provided in 
subsection (b), notwithstanding any other provision of law, 
the Secretary shall require recipients of assistance under 
title 23, United States Code, and title I of division B this 
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Act and the amendments made by this Act to comply with 
subsection (a) of section 113 of title 23, United States 
Code, with respect to all construction work, in the same 
manner that recipients of assistance under chapter 1 of 
such title are required to comply with such subsection for 
construction work performed on highway projects on Fed-
eral-aid highways. 
(b) TREATMENT OF CERTAIN PROJECTS.—The Sec-
retary shall apply the requirements of section 1306(l) of 
this Act and sections 117(k), 172(j), and 173(k) of title 
23, United States Code, to a project funded with a grant 
under such sections. 
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: 
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‘‘(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 (c)— 
(A) by striking paragraph (5) and insert-
ing the following: 
‘‘(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.’’; 
(2) in subsection (g)(1)— 
(A) in subparagraph (C) by striking ‘‘an-
nual’’; 
(B) in subparagraph (B) by striking ‘‘and’’ 
at the end; 
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(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 
(3) by adding at the end the following: 
‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 
A State agency that is assigned a responsibility under an 
agreement under this section shall be deemed to be a Fed-
eral agency for the purposes of all Federal laws pursuant 
to which the responsibility is exercised.’’. 
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, alteration, or maintenance work, other 
than de minimus maintenance or repair work as de-
termined by the applicable State department of 
transportation, on a bridge or overpass structure 
funded under title 23, United States Code. 
(2) CERTIFIED CONTRACTOR.—The term ‘‘cer-
tified contractor’’ means a contracting or subcon-
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tracting firm that has been certified by a third party 
organization that evaluates the capability of the con-
tractor or subcontractor to properly perform one or 
more specified aspects of applicable bridge projects 
as defined 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 offered or accredited by an organiza-
tion that sets industry corrosion standards or is rec-
ognized in corrosion management transportation 
structures by the Department of Transportation, for 
the purposes of controlling, mitigating and pre-
venting corrosion, or a program registered under the 
Act of August 16, 1937 (29 U.S.C. 50 et seq.) (com-
monly known as the ‘‘National Apprenticeship Act’’) 
that meets the requirements of parts 29 and 30 of 
title 29, Code of Federal Regulations, as in effect on 
January 1, 2020. 
(b) APPLICABLE BRIDGE PROJECTS.— 
(1) QUALITY CONTROL.—A certified contractor 
shall carry out aspects of an applicable bridge 
project described in paragraph (2). 
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(2) 
ASPECTS
OF
APPLICABLE
BRIDGE 
PROJECTS.—Aspects of an applicable bridge project 
referred to in paragraph (1) 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; 
(C) shop painting of structural steel or 
rebar fabricated for installation on an applica-
ble bridge project; and 
(D) the design, application, installation 
and maintenance of a cathodic protection sys-
tem on an applicable bridge project. 
(3) CORROSION
MANAGEMENT
SYSTEM.—A 
State transportation department 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; 
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(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 that em-
ploy appropriately trained and certified coating 
applicators to carry out aspects of applicable 
bridge projects as described in paragraph (2); 
and 
(C) use certified cathodic protection profes-
sionals for all aspects of applicable bridge 
projects that require knowledge of the design, 
installation, monitoring, or maintenance of a 
cathodic protection system. 
(c) TRAINING PROGRAM.—As a condition of entering 
into a contract for an applicable bridge project, each cer-
tified contractor shall provide training, through a qualified 
training program, for each applicable craft or trade classi-
fication of employees that the certified contractor intends 
to employ 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— 
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(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-
ance, and lower the total cost of building and main-
taining the project. 
SEC. 1118. ADDITIONAL SUPPORT TO REBUILD RURAL COM-
MUNITIES. 
To carry out section 1307 of this Act, there are au-
thorized to be appropriated $100,000,000 for fiscal year 
2023 and $50,000,000 for fiscal year 2024. 
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-
ceives funding under such title for pedestrian and bike 
safety improvements. 
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(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-
tion 3 of the National Trails System Act (16 U.S.C. 
1242). 
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(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. 
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: 
‘‘(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).’’; 
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(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; 
(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 
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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, including protective features. 
‘‘(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-
tation facility otherwise 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) Undergrounding public utilities in the 
course of other infrastructure improvements eli-
gible under this section to mitigate the cost of 
recurring 
damages 
from 
extreme 
weather 
events, wildfire or other natural disasters.’’; 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 
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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— 
‘‘(I) an operational improvement 
to the facility or corridor; 
‘‘(II) the construction of a transit 
project eligible for assistance 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’’; 
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(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 
(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.’’. 
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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 
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 construction activi-
ties, including construction of natural infrastructure 
or protective features, and the development of such 
projects and programs that help agencies to— 
‘‘(A) increase the resilience of a surface 
transportation infrastructure asset to withstand 
a covered event; 
‘‘(B) relocate or provide a reasonable alter-
native to a repeatedly damaged facility; 
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‘‘(C) for an evacuation route identified in 
the vulnerability assessment required under sec-
tion 134(i)(2)(I)(iii) or section 135(f)(10)(C)— 
‘‘(i) improve the capacity or operation 
of such evacuation route through— 
‘‘(I) communications and intel-
ligent transportation system equip-
ment and infrastructure; 
‘‘(II) counterflow measures; and 
‘‘(III) shoulders; and 
‘‘(ii) relocate such evacuation route or 
provide a reasonable alternative to such 
evacuation route to address the risk of a 
covered event; and 
‘‘(D) recover from incidents that signifi-
cantly disrupt a regions 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 regional 
wide telework training and programs. 
‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP-
TATION.—No funds shall be obligated to a project 
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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. 
‘‘(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). 
‘‘(C) For a project in a flood-prone area, 
the project sponsor considers hydrologic and hy-
draulic data and methods that integrate current 
and projected changes in flooding based on cli-
mate science over the anticipated service life of 
the surface transportation infrastructure asset 
and future forecasted land use changes. 
‘‘(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; 
‘‘(B) reduce the risk of disruption to a sur-
face transportation infrastructure asset consid-
ered critical to support population centers, 
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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), an extreme event, seismic activity, or any 
other natural disaster (including a wildfire or land-
slide). 
‘‘(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) METROPOLITAN TRANSPORTATION PLANNING.— 
(1) AMENDMENTS TO TITLE 23.— 
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(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-
lated sources of greenhouse gas emis-
sions per capita; 
‘‘(II) identify investments and 
strategies to manage transportation 
demand and increase the rates of pub-
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lic transportation ridership, walking, 
bicycling, and carpools; and 
‘‘(III) recommend zoning and 
other land use policies that would sup-
port infill, transit-oriented develop-
ment, and mixed use development. 
‘‘(iii) VULNERABILITY ASSESSMENT.— 
A long-range transportation plan shall in-
corporate a vulnerability assessment that— 
‘‘(I) includes a risk-based assess-
ment of vulnerabilities of critical 
transportation assets and systems to 
covered events (as such term is de-
fined in section 124); 
‘‘(II) considers, as applicable, the 
risk management analysis in the 
State’s asset management plan devel-
oped pursuant to section 119, and the 
State’s evaluation of reasonable alter-
natives to repeatedly damaged facili-
ties conducted under part 667 of title 
23, Code of Federal Regulations; 
‘‘(III) 
identifies 
evacuation 
routes, assesses the ability of any 
such routes to provide safe passage 
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for evacuation, access to health care 
and public health facilities, and emer-
gency response during an emergency 
event, and identifies any improve-
ments or redundant facilities nec-
essary to adequately facilitate safe 
passage; 
‘‘(IV) describes the metropolitan 
planning 
organization’s 
adaptation 
and resilience improvement strategies 
that will inform the transportation in-
vestment decisions of the metropolitan 
planning organization; and 
‘‘(V) is consistent with and com-
plementary of the State and local 
mitigation plans required under sec-
tion 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165). 
‘‘(iv) CONSULTATION.—The assess-
ment described in this subparagraph shall 
be developed in consultation with, as ap-
propriate, State, local, and Tribal officials 
responsible for land use, housing, resil-
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ience, hazard mitigation, and emergency 
management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
134(j)(3) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
‘‘(i) identify projects that address the 
vulnerabilities identified by the assessment 
in subsection (i)(2)(I)(iii); and 
‘‘(ii) describe how each project identi-
fied under clause (i) would improve the re-
silience of the transportation system.’’. 
(2) AMENDMENTS TO TITLE 49.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 5303(i)(2) of title 49, 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 
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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-
lated sources of greenhouse gas emis-
sions per capita; 
‘‘(II) identify investments and 
strategies to manage transportation 
demand and increase the rates of pub-
lic transportation ridership, walking, 
bicycling, and carpools; and 
‘‘(III) recommend zoning and 
other land use policies that would sup-
port infill, transit-oriented develop-
ment, and mixed use development. 
‘‘(iii) VULNERABILITY ASSESSMENT.— 
A long-range transportation plan shall in-
corporate a vulnerability assessment that— 
‘‘(I) includes a risk-based assess-
ment of vulnerabilities of critical 
transportation assets and systems to 
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covered events (as such term is de-
fined in section 124 of title 23); 
‘‘(II) considers, as applicable, the 
risk management analysis in the 
State’s asset management plan devel-
oped pursuant to section 119 of title 
23, and the State’s evaluation of rea-
sonable 
alternatives 
to 
repeatedly 
damaged facilities conducted under 
part 667 of title 23, Code of Federal 
Regulations; 
‘‘(III) 
identifies 
evacuation 
routes, assesses the ability of any 
such routes to provide safe passage 
for evacuation, access to health care 
and public health facilities, and emer-
gency response during an emergency 
event, and identifies any improve-
ments or redundant facilities nec-
essary to adequately facilitate safe 
passage; 
‘‘(IV) describes the metropolitan 
planning 
organization’s 
adaptation 
and resilience improvement strategies 
that will inform the transportation in-
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vestment decisions of the metropolitan 
planning organization; and 
‘‘(V) is consistent with and com-
plementary of the State and local 
mitigation plans required under sec-
tion 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165). 
‘‘(iv) CONSULTATION.—The assess-
ment described in this subparagraph shall 
be developed in consultation, as appro-
priate, with State, local, and Tribal offi-
cials responsible for land use, housing, re-
silience, hazard mitigation, and emergency 
management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5303(j)(3) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(E) RESILIENCE
PROJECTS.—The TIP 
shall— 
‘‘(i) identify projects that address the 
vulnerabilities identified by the assessment 
in subsection (i)(2)(I)(iii); and 
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‘‘(ii) describe how each project identi-
fied under clause (i) would improve the re-
silience of the transportation system.’’. 
(c) STATEWIDE
AND
NONMETROPOLITAN
PLAN-
NING.— 
(1) AMENDMENTS TO TITLE 23.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 135(f) of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to re-
duce the climate change impacts of the surface 
transportation system and conduct a vulner-
ability assessment to identify opportunities to 
enhance the resilience of the surface transpor-
tation system and ensure the efficient use of 
Federal resources. 
‘‘(B) CLIMATE CHANGE MITIGATION AND 
IMPACTS.—A long-range transportation plan 
shall— 
‘‘(i) identify investments and strate-
gies 
to 
reduce 
transportation-related 
sources of greenhouse gas emissions per 
capita; 
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‘‘(ii) identify investments and strate-
gies to manage transportation demand and 
increase the rates of public transportation 
ridership, walking, bicycling, and carpools; 
and 
‘‘(iii) recommend zoning and other 
land use policies that would support infill, 
transit-oriented development, and mixed 
use development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
‘‘(i) includes a risk-based assessment 
of vulnerabilities of critical transportation 
assets and systems to covered events (as 
such term is defined in section 124); 
‘‘(ii) considers, as applicable, the risk 
management analysis in the State’s asset 
management plan developed pursuant to 
section 119, and the State’s evaluation of 
reasonable alternatives to repeatedly dam-
aged facilities conducted under part 667 of 
title 23, Code of Federal Regulations; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
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vide safe passage for evacuation, access to 
health care and public health facilities, and 
emergency response during an emergency 
event, and identifies any improvements or 
redundant facilities necessary to ade-
quately facilitate safe passage; 
‘‘(iv) describes the States’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
‘‘(v) is consistent with and com-
plementary of the State and local mitiga-
tion plans required under section 322 of 
the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 
5165). 
‘‘(D) 
CONSULTATION.—The 
assessment 
described in this subparagraph shall be devel-
oped in consultation with, as appropriate, State, 
local, and Tribal officials responsible for land 
use, housing, resilience, hazard mitigation, and 
emergency management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
135(g)(5)(B) of title 23, United States Code, is 
amended by adding at the end the following: 
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‘‘(iii) RESILIENCE
PROJECTS.—The 
STIP shall— 
‘‘(I) identify projects that ad-
dress the vulnerabilities identified by 
the 
assessment 
in 
subsection 
(i)(10)(B); and 
‘‘(II) describe how each project 
identified under subclause (I) would 
improve the resilience of the transpor-
tation system.’’. 
(2) AMENDMENTS TO TITLE 49.— 
(A) CLIMATE CHANGE AND RESILIENCE.— 
Section 5304(f) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 
‘‘(A) IN
GENERAL.—The transportation 
planning process shall assess strategies to re-
duce the climate change impacts of the surface 
transportation system and conduct a vulner-
ability assessment to identify opportunities to 
enhance the resilience of the surface transpor-
tation system and ensure the efficient use of 
Federal resources. 
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‘‘(B) CLIMATE CHANGE MITIGATION AND 
IMPACTS.—A long-range transportation plan 
shall— 
‘‘(i) identify investments and strate-
gies 
to 
reduce 
transportation-related 
sources of greenhouse gas emissions per 
capita; 
‘‘(ii) identify investments and strate-
gies to manage transportation demand and 
increase the rates of public transportation 
ridership, walking, bicycling, and carpools; 
and 
‘‘(iii) recommend zoning and other 
land use policies that would support infill, 
transit-oriented development, and mixed 
use development. 
‘‘(C) 
VULNERABILITY
ASSESSMENT.—A 
long-range transportation plan shall incorporate 
a vulnerability assessment that— 
‘‘(i) includes a risk-based assessment 
of vulnerabilities of critical transportation 
assets and systems to covered events (as 
such term is defined in section 124 of title 
23); 
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‘‘(ii) considers, as applicable, the risk 
management analysis in the State’s asset 
management plan developed pursuant to 
section 119 of title 23, and the State’s 
evaluation of reasonable alternatives to re-
peatedly 
damaged 
facilities 
conducted 
under part 667 of title 23, Code of Federal 
Regulations; 
‘‘(iii) identifies evacuation routes, as-
sesses the ability of any such routes to pro-
vide safe passage for evacuation, access to 
health care and public health facilities, and 
emergency response during an emergency 
event, and identifies any improvements or 
redundant facilities necessary to ade-
quately facilitate safe passage; 
‘‘(iv) describes the State’s adaptation 
and resilience improvement strategies that 
will inform the transportation investment 
decisions of the State; and 
‘‘(v) is consistent with and com-
plementary of the State and local mitiga-
tion plans required under section 322 of 
the Robert T. Stafford Disaster Relief and 
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Emergency Assistance Act (42 U.S.C. 
5165). 
‘‘(D) 
CONSULTATION.—The 
assessment 
described in this subparagraph shall be devel-
oped in consultation with, as appropriate, State, 
local, and Tribal officials responsible for land 
use, housing, resilience, hazard mitigation, and 
emergency management.’’. 
(B) 
RESILIENCE
PROJECTS.—Section 
5304(g)(5)(B) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(iii) RESILIENCE
PROJECTS.—The 
STIP shall— 
‘‘(I) identify projects that ad-
dress the vulnerabilities identified by 
the 
assessment 
in 
subsection 
(i)(10)(B); and 
‘‘(II) describe how each project 
identified under subclause (I) would 
improve the resilience of the transpor-
tation system.’’. 
SEC. 1203. EMERGENCY RELIEF. 
(a) IN GENERAL.—Section 125 of title 23, United 
States Code, is amended— 
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(1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 
after ‘‘severe storm,’’; 
(2) by striking subsection (b); 
(3) in subsection (c)(2)(A) by striking ‘‘in any 
1 fiscal year commencing after September 30, 
1980,’’ and inserting ‘‘in any fiscal year’’; 
(4) in subsection (d)— 
(A) in paragraph (3)(C) by striking ‘‘sub-
section (e)(1)’’ and inserting ‘‘subsection (g)’’; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by striking paragraphs (1) and (2) and 
inserting the following: 
‘‘(1) IN GENERAL.—The Secretary may expend 
funds from the emergency fund authorized by this 
section only for the repair or reconstruction of high-
ways on Federal-aid highways in accordance with 
this chapter. 
‘‘(2) RESTRICTIONS.— 
‘‘(A) IN GENERAL.—No funds shall be ex-
pended from the emergency fund authorized by 
this section unless— 
‘‘(i) an emergency has been declared 
by the Governor of the State with concur-
rence by the Secretary, unless the Presi-
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‘‘(C) assign a quality rating for each merit 
criteria for each application based on the eval-
uation in subparagraph (B); 
‘‘(D) ensure that applications receive final 
consideration by the Secretary to receive an 
award under this section only on the basis of 
such quality ratings and that the Secretary 
gives final consideration only to applications 
that meet the minimally acceptable level for 
each of the merit criteria; and 
‘‘(E) award grants only to projects rated 
highly under the evaluation and rating process. 
‘‘(2) 
CONSIDERATIONS
FOR
LARGE 
PROJECTS.—In awarding a grant for a large project, 
the Secretary shall— 
‘‘(A) consider the amount of funds avail-
able in future fiscal years for the program 
under this section; and 
‘‘(B) assume the availability of funds in fu-
ture fiscal years for the program that extend 
beyond the period of authorization based on the 
amount made available for the program in the 
last fiscal year of the period of authorization. 
‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 
grants under this section, the Secretary shall ensure 
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