I 
117TH CONGRESS 
1ST SESSION H. R. 3777 
To amend title 23, United States Code, to ensure that Federal-aid highways, 
bridges, and tunnels are more resilient, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2021 
Mr. KIM of New Jersey (for himself, Mr. ROUZER, Mr. HUFFMAN, Ms. PIN-
GREE, and Mrs. LURIA) introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure 
A BILL 
To amend title 23, United States Code, to ensure that Fed-
eral-aid highways, bridges, and tunnels are more resil-
ient, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Resilient Highways 
Act of 2021’’. 
SEC. 2. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
Section 119 of title 23, United States Code, is 
amended— 
(1) in subsection (b)— 
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(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod 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, 
bridges, and tunnels on and off the National High-
way System to mitigate the impacts of sea level rise 
and extreme weather events.’’; 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 
State under section 104(b)(1) for each fiscal year 
for a protective feature on a Federal-aid highway, 
bridge, or tunnel if the protective feature is an eco-
nomically justified improvement designed to mitigate 
the risk of recurring damage or the cost of future 
repairs from extreme weather, flooding, and other 
natural disasters. 
‘‘(2) PROTECTIVE
FEATURES
DESCRIBED.—A 
protective feature referred to in paragraph (1) may 
include— 
‘‘(A) raising roadway grades; 
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‘‘(B) relocating roadways in a floodplain 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; 
‘‘(J) repairing or maintaining tide gates; 
‘‘(K) installing seismic retrofits on bridges; 
‘‘(L) adding scour protection at bridges; 
‘‘(M) adding spur dikes; 
‘‘(N) the use of natural infrastructure to 
mitigate the risk of recurring damage or the 
cost of future repair from extreme weather, 
flooding, and other natural disasters; 
‘‘(O) removing debris from rivers, creeks, 
streams, and ditches; and 
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‘‘(P) any other features that mitigate the 
risk of recurring damage or the cost of future 
repair as a result of extreme weather, flooding, 
and other natural disasters, as determined 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. 3. FEDERAL SHARE PAYABLE. 
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, bridge, or tunnel project 
under this title may be up to 100 percent, at 
the discretion of the State, if the protective fea-
ture is an economically justified improvement to 
mitigate the risk of recurring damage or the 
cost of future repair from extreme weather, 
flooding, and other natural disasters. 
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‘‘(B) 
PROTECTIVE
FEATURES
DE-
SCRIBED.—A protective feature referred to in 
subparagraph (A) may include— 
‘‘(i) raising roadway grades; 
‘‘(ii) relocating roadways in a flood-
plain 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; 
‘‘(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; 
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‘‘(xiii) adding 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, flooding, and other natural 
disasters; 
‘‘(xv) removing debris from rivers, 
creeks, streams, and ditches; and 
‘‘(xvi) any other features that mitigate 
the risk of recurring damage or the cost of 
future repair as a result of extreme weath-
er, flooding, and other natural disasters, as 
determined by the Secretary.’’. 
SEC. 4. EMERGENCY RELIEF. 
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 State or responsible local official 
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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 to mitigate the 
risk of recurring damage from extreme 
weather, flooding, and 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.— 
‘‘(A) IN GENERAL.—The cost of an im-
provement that is part of a project under this 
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section shall be an eligible expense under this 
section if the improvement is a protective fea-
ture that is economically justified to mitigate 
the risk of recurring damage or the cost of fu-
ture repair from extreme weather, flooding, and 
other natural disasters. 
‘‘(B) 
PROTECTIVE
FEATURES
DE-
SCRIBED.—A protective feature referred to in 
subparagraph (A) may include— 
‘‘(i) raising roadway grades; 
‘‘(ii) relocating roadways in a flood-
plain 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; 
‘‘(viii) increasing the size or number 
of drainage structures; 
‘‘(ix) replacing culverts with bridges 
or upsizing culverts; 
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‘‘(x) repairing or maintaining tide 
gates; 
‘‘(xi) installing seismic retrofits on 
bridges; 
‘‘(xii) adding scour protection at 
bridges; 
‘‘(xiii) adding 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, flooding, and other natural 
disasters; 
‘‘(xv) removing debris from rivers, 
creeks, streams, and ditches; and 
‘‘(xvi) any other features that mitigate 
the risk of recurring damage or the cost of 
future repair as a result of extreme weath-
er, flooding, and other natural disasters, as 
determined by the Secretary.’’. 
Æ 
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