Real bill currently in Congress  c/o  HR/119/8653

To direct the Secretary of Transportation to establish a grant program for demonstration projects that make critical transportation infrastructure resilient to natural hazards, and for other purposes.

Latest action (2026-05-04): Referred to the House Committee on Transportation and Infrastructure.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Synthesis

The bill falls within Congress's enumerated powers to regulate interstate commerce (Art. I §8 cl. 3), spend for the general welfare (Art. I §8 cl. 1), establish post roads (Art. I §8 cl. 7), and use necessary and proper means (Art. I §8 cl. 18).

Hamilton YES

The proposed legislation empowers Congress to direct the Secretary of Transportation to establish a grant program for enhancing the resilience of critical transportation infrastructure against natural hazards. This falls squarely within the enumerated powers of Congress to regulate Commerce among the several States and to provide for the general Welfare through taxation and appropriation. Transportation infrastructure, vital to the free flow of commerce across State lines, is a proper subject of federal regulation and improvement, as it promotes national unity and economic intercourse. Such gr…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 1 Federalist No. 23 Federalist No. 34
Jefferson NO

The proposed grant program directs federal funds toward making transportation infrastructure resilient to natural hazards, a matter not enumerated among the powers delegated to the general government. Such projects concern local improvements and the general safety of the people, which fall under the reserved powers of the States. While Congress may regulate Commerce among the several States and establish Post Offices and post Roads, this legislation extends beyond those limits to fund demonstration projects of indefinite scope, untethered to specific interstate commerce or postal necessities. …

Tenth Amendment Article I, Section 8, Clause 3 Article I, Section 8, Clause 7
Madison YES

The proposed legislation directs the establishment of a grant program for demonstration projects enhancing the resilience of critical transportation infrastructure against natural hazards. This falls within the enumerated power of Congress to regulate Commerce among the several States, as transportation infrastructure is essential to the free flow of interstate commerce, and disruptions from natural hazards could impede such commerce. It also aligns with the power to establish Post Roads, as resilient infrastructure supports the national postal system and analogous transportation networks. The…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 7 Federalist No. 41
Marshall YES

The Congress possesses the power 'to regulate Commerce with foreign Nations, and among the several States' (Art. I, § 8, cl. 3), which encompasses the construction, maintenance, and protection of transportation infrastructure vital to the intercourse of commerce between the States, as affirmed in Gibbons v. Ogden (1824), wherein the regulation of navigation was deemed essential to interstate commerce. The direction to the Secretary of Transportation to establish a grant program for demonstration projects enhancing the resilience of such critical infrastructure to natural hazards is a means 'ne…

Art. I, § 8, cl. 3 Art. I, § 8, cl. 18 Gibbons v. Ogden (1824) McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

Read full document →

Targeted Resilient Transport Demo Grants Act

Enhance resilience of critical transportation infrastructure to natural hazards like floods, wildfires, and hurricanes through targeted demonstration projects.

Bipartisan rationale: Honors Democratic priorities of climate adaptation and infrastructure equity in vulnerable areas; honors Republican priorities of fiscal caps, state matching funds, Buy American rules, and temporary program with strict audits to prevent waste.

Funding: Highway Trust Fund $500 million cap over program life Sunset 5y Oversight: DOT Inspector General with ann Enforcement: Clawback of unspent or mismanaged fu

Vote-count path: ~240 House votes: 200 D infrastructure caucus + 40 R transport committee; ~65 Senate votes: 48 D + 17 R from Heartland and oversight hawks.

→ Article I, Section 8, Clause 1 → Article I, Section 8, Clause 3 → Article I, Section 8, Clause 7 → Article I, Section 8, Clause 18

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