Pub. L. 114-94, div. A, tit. I, subtit. A, sec. 1106 (as amended)
NATIONAL HIGHWAY PERFORMANCE PROGRAM.
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended by adding at the end the following:
“(h) TIFIA Program.—Upon Secretarial approval of credit assistance under chapter 6, the Secretary, at the request of a State, may allow the State to use funds apportioned under section 104(b)(1) to pay subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to a project eligible for assistance under this section.
“(i) Additional Funding Eligibility for Certain Bridges.—
“(1) In general.—Funds apportioned to a State to carry out the national highway performance program may be obligated for a project for the reconstruction, resurfacing, restoration, rehabilitation, or preservation of a bridge not on the National Highway System, if the bridge is on a Federal-aid highway.
“(2) Limitation.—A State required to make obligations under subsection (f) shall ensure such requirements are satisfied in order to use the flexibility under paragraph (1).
“(j) Critical Infrastructure.—
“(1) Critical infrastructure defined.—In this subsection, the term ‘critical infrastructure’ means those facilities the incapacity or failure of which would have a debilitating impact on national or regional economic security, national or regional energy security, national or regional public health or safety, or any combination of those matters.
“(2) Consideration.—The asset management plan of a State may include consideration of critical infrastructure from among those facilities in the State that are eligible under subsection (c).
“(3) Risk reduction.—A State may use funds apportioned under this section for projects intended to reduce the risk of failure of critical infrastructure in the State.”
.