[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4759 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4759
To increase emergency and disaster relief response, build safer
communities, strengthen Second Amendment rights, streamline
administrative reviews, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 18, 2019
Mr. Kevin Hern of Oklahoma introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To increase emergency and disaster relief response, build safer
communities, strengthen Second Amendment rights, streamline
administrative reviews, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Withdrawing from
Overburdensome Reviews and Keeping us Safe Act'' or the ``WORKS Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
TITLE I--EMERGENCY AND DISASTER RELIEF THROUGH INCENTIVIZING BETTER
PREPAREDNESS AND RESPONSE EFFORTS
Sec. 1001. National Highway Performance Program.
Sec. 1002. Emergency relief.
Sec. 1003. Disaster relief mobilization pilot program.
Sec. 1004. Improved benefit feasibility assessments for emergency
projects.
Sec. 1005. Enhanced emergency communication of risk.
TITLE II--CREATING SAFER COMMUNITIES BY REDUCING THREATS AND INCREASING
COORDINATION WHILE PROTECTING SECOND AMENDMENT RIGHTS
Sec. 2001. Safe Routes to School program.
Sec. 2002. Safety incentive programs.
Sec. 2003. Stopping threats on pedestrians.
Sec. 2004. Cyber security tool; cyber coordinator.
Sec. 2005. Increased self defense on recreational lands.
TITLE III--STREAMLINING FEDERAL BUREAUCRACY FOR EFFICIENT ENVIRONMENTAL
REVIEWS ON FEDERAL AND TRIBAL TRANSPORTATION INITIATIVES
Sec. 3001. Efficient environmental reviews for project decision making
and one Federal decision.
Sec. 3002. Environmental reviews for certain tribal transportation
facilities.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on October
1, 2020.
TITLE I--EMERGENCY AND DISASTER RELIEF THROUGH INCENTIVIZING BETTER
PREPAREDNESS AND RESPONSE EFFORTS
SEC. 1001. 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 increase the
resiliency of Federal-aid highways and bridges on and off the
National Highway System to mitigate the impacts of sea level
rise, extreme weather 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 State under section 104(b)(1)
for each fiscal year for one 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 repairs, 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 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 increase
waterway openings;
``(G) deepening channels to prevent flooding;
``(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 scour, stream stability, coastal, or
other hydraulic countermeasures, including 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 determined by the Secretary.
``(3) Savings provision.--Nothing in this subsection 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. 1002. 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 reconstruction of a bridge that has been
permanently closed to all vehicular traffic by the Federal, State,
Tribal, or responsible 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 following:
``(ii) incorporates economically
justifiable improvements designed to mitigate
the risk of recurring damage from extreme
weather events, flooding, or other natural
disasters.'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(C) by inserting after paragraph (2) the following:
``(3) Protective features.--
``(A) In general.--The cost of an improvement that
is part of a project under this section shall be an
eligible expense under this section if the improvement
is a protective feature that is designed to mitigate
the risk of recurring damage, or the cost of future
repair, from extreme weather events, flooding, or other
natural disasters.
``(B) Protective features described.--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;
``(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 countermeasures,
including spur dikes;
``(xiv) 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
``(xv) 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
determined by the Secretary.''.
SEC. 1003. DISASTER RELIEF MOBILIZATION PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Local community.--The term ``local community'' means--
(A) a unit of local government;
(B) a political subdivision of a State or local
government;
(C) a metropolitan planning organization (as
defined in section 134(b) of title 23, United States
Code);
(D) a rural planning organization; or
(E) a Tribal government.
(2) Pilot program.--The term ``pilot program'' means the
pilot program established by the Secretary under subsection
(b).
(b) Establishment.--The Secretary shall establish and carry out a
pilot program under which the Secretary shall provide grants to local
communities to develop disaster preparedness and disaster response
plans that include the use of bicycles.
(c) Application and Selection Requirements.--
(1) Partnerships.--To be eligible to receive a grant under
the pilot program, a local community shall demonstrate plans to
enter into a partnership with--
(A) one or more nonprofit community organizations
active in disaster relief or community development; or
(B) one or more bicycle or pedestrian advocacy
organizations.
(2) Application.--To be eligible to receive a grant under
the pilot program, a local community shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including an identification of each nonprofit community
organization and bicycle or pedestrian advocacy organization
with which the local community plans to establish a partnership
under paragraph (1).
(3) Selection.--For each fiscal year, the Secretary shall
select not fewer than 4, and not more than 10, local
communities that meet the eligibility requirements to receive a
grant under the pilot program.
(d) Maximum Amount.--The maximum amount of a grant under the pilot
program shall be $125,000.
(e) Use of Funds.--
(1) Vulnerability assessment.--
(A) In general.--Each recipient of a grant under
the pilot program shall carry out a vulnerability
assessment of the current infrastructure of the
applicable community that supports active
transportation, including bicycling, walking, and
personal mobility devices, with a particular focus on
areas in the local community that--
(i) have low levels of vehicle ownership;
and
(ii) lack sufficient active transportation
infrastructure routes to public transportation.
(B) Public participation.--In carrying out the
vulnerability assessment under subparagraph (A), a
grant recipient shall--
(i) provide an opportunity for public
participation and feedback; and
(ii) consider public feedback in developing
or modifying response plans under paragraph
(2).
(2) Disaster preparedness and disaster response plans.--
Each recipient of a grant under the pilot program shall develop
or modify, as applicable, disaster preparedness and disaster
response plans to include the use of bicycles by first
responders, emergency workers, and community organization
representatives--
(A) during a mandatory or voluntary evacuation
ordered by a Federal, State, Tribal, or local
government entity--
(i) to notify residents of the need to
evacuate;
(ii) to evacuate individuals and goods; and
(iii) to reach individuals who are in need
of first aid and medical assistance; and
(B) after a disaster or emergency declared by a
Federal, State, Tribal, or local government entity--
(i) to participate in search and rescue
activities;
(ii) to carry commodities to be used for
life-saving or life-sustaining purposes,
including--
(I) water;
(II) food;
(III) first aid and other medical
supplies; and
(IV) power sources and electric
supplies, such as cell phones, radios,
lights, and batteries;
(iii) to reach individuals who are in need
of the items described in clause (ii); and
(iv) to assist with other disaster relief
tasks, as appropriate.
(3) Preparedness training, exercises, and equipment.--Each
recipient of a grant under the pilot program shall--
(A) provide training for first responders,
emergency workers, and community organization
representatives regarding--
(i) competent bicycle skills, including the
use of cargo bicycles and electric bicycles, as
applicable;
(ii) basic bicycle maintenance; and
(iii) methods to use bicycles to carry out
the activities described in subparagraphs (A)
and (B) of paragraph (2);
(B) conduct exercises for the purpose of--
(i) exercising the skills described in
subparagraph (A); and
(ii) maintaining bicycles and related
equipment; and
(C) provide bicycles, as necessary and appropriate,
to each community organization acting in partnership
with the recipient to allow representatives of the
organization to assist in disaster preparedness and
disaster response efforts.
(f) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that--
(1) describes the activities carried out under the pilot
program;
(2) analyzes the effectiveness of the pilot program; and
(3) includes recommendations, if any, regarding methods by
which to incorporate bicycles into disaster preparedness and
disaster response plans in other communities.
SEC. 1004. IMPROVED BENEFIT FEASIBILITY ASSESSMENTS FOR EMERGENCY
PROJECTS.
Section 5(a)(2)(A) of the Flood Control Act of 1941 (33 U.S.C.
701n(a)(2)(A)) is amended to read as follows:
``(A) Consideration of benefits.--In preparing a
cost and benefit feasibility assessment for any
emergency project described in paragraph (1), the Chief
of Engineers shall consider--
``(i) the benefits to be gained by such
project for the protection of--
``(I) residential establishments;
``(II) commercial establishments,
including the protection of inventory;
and
``(III) agricultural
establishments, including the
protection of crops; and
``(ii) the benefits to navigation to be
gained by such project.''.
SEC. 1005. ENHANCED EMERGENCY COMMUNICATION OF RISK.
Section 3027(d) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 709c(d)) is amended by inserting ``, or when the
National Weather Service forecasts a possibility that precipitation or
runoff will exceed,'' after ``when precipitation or runoff exceeds''.
TITLE II--CREATING SAFER COMMUNITIES BY REDUCING THREATS AND INCREASING
COORDINATION WHILE PROTECTING SECOND AMENDMENT RIGHTS
SEC. 2001. SAFE ROUTES TO SCHOOL PROGRAM.
Section 1404 of SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59)
is amended--
(1) in subsection (a), by striking ``primary and middle''
and inserting ``primary, middle, and high''; and
(2) in subsection (k)(2)--
(A) in the heading, by striking ``primary and
middle'' and inserting ``primary, middle, and high'';
(B) by striking ``primary and middle'' and
inserting ``primary, middle, and high''; and
(C) by striking ``eighth grade'' and inserting
``12th grade''.
SEC. 2002. SAFETY INCENTIVE PROGRAMS.
(a) Formula Safety Incentive Program.--Chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``Sec. 171. Formula safety incentive program
``(a) Definitions.--In this section:
``(1) Metropolitan planning organization; urbanized area.--
The terms `metropolitan planning organization' and `urbanized
area' have the meaning given those terms in section 134(b).
``(2) Transportation management area.--The term
`transportation management area' means a transportation
management area identified or designated by the Secretary under
section 134(k)(1).
``(3) Vulnerable road user.--The term `vulnerable road
user' means a nonmotorist (as that term is used in the Fatality
Analysis Reporting System of the National Highway Traffic
Safety Administration).
``(4) Vulnerable road user safety focus area.--The term
`vulnerable road user safety focus area' means--
``(A) an urbanized area with combined fatality rate
of vulnerable road users that is greater than 1.5 per
100,000 individuals; or
``(B) a State in which fatalities of vulnerable
road users combined represents not less than 15 percent
of the total annual crash fatalities in the State.
``(b) Formula Funding Awards.--
``(1) In general.--For each fiscal year, the Secretary
shall distribute among the States the amounts made available to
carry out this section for that fiscal year in accordance with
paragraph (2).
``(2) Distribution.--The amount for each State shall be
determined by multiplying the total amount of funding made
available to carry out this section for the applicable fiscal
year by the ratio that--
``(A) the total base apportionment for the State
under section 104(c); bears to
``(B) the total base apportionments for all States
under section 104(c).
``(c) Safety Supplemental.--
``(1) In general.--A State shall use 50 percent of the
amount distributed to the State under subsection (b) for each
fiscal year to carry out the eligible activities under
paragraph (2).
``(2) Eligible activities.--
``(A) States.--Subject to paragraph (4)(A), a State
shall use the funds under paragraph (1) for a highway
safety improvement project or strategy included on the
State strategic highway safety plan (as defined in
section 148(a)) of the State.
``(B) MPOs.--Subject to paragraph (4)(B), a
metropolitan planning organization that is required to
obligate funds under subsection (e) shall use the funds
under paragraph (1) for a highway safety improvement
project (as defined in section 148(a)).
``(3) Federal share.--The Federal share of the cost of a
project carried out with funds under paragraph (1) shall be
determined in accordance with section 120.
``(4) Limitation on flexibility.--
``(A) States.--Notwithstanding paragraph (2)(A), a
State that is a vulnerable road user safety focus area
shall use the funds under paragraph (1) for a highway
safety improvement project (as defined in section
148(a)) to improve the safety of vulnerable road users,
regardless of whether the project is included on the
State strategic highway safety plan (as defined in
section 148(a)) of the State.
``(B) MPOs.--Notwithstanding paragraph (2)(B), a
metropolitan planning organization that is required to
obligate funds under subsection (e) that contains an
area designated as a vulnerable road user safety focus
area shall use the funds under paragraph (1) for a
highway safety improvement project (as defined in
section 148(a)) to improve the safety of vulnerable
road users.
``(d) Safety Planning Incentive.--
``(1) Vulnerable road user safety assessments.--
``(A) In general.--A State may, in consultation
with metropolitan planning organizations within the
State, develop and publish a State vulnerable road user
safety assessment described in subparagraph (B).
``(B) State vulnerable road user safety assessment
described.--A vulnerable road user safety assessment
referred to in subparagraph (A) is an assessment of the
safety performance of the State with respect to
vulnerable road users and the plan of the State,
developed in consultation with the metropolitan
planning organizations within the State, if any, to
improve the safety of vulnerable road users, which
shall--
``(i) include the approximate location
within the State of each vulnerable road user
fatality during the most recently reported 2-
year period of final data from the Fatality
Analysis Reporting System of the National
Highway Traffic Safety Administration and the
operating speed of the roadway at that
location;
``(ii) include the corridors within the
State on which a vulnerable road user fatality
has occurred during the most recently reported
2-year period of final data from the Fatality
Analysis Reporting System of the National
Highway Traffic Safety Administration and the
operating speeds of those corridors;
``(iii) include a list of projects within
the State that primarily address the safety of
vulnerable road users that--
``(I) have been completed during
the 2 most recent fiscal years prior to
date of the publication of the
vulnerable road user safety assessment,
including the amount of funding that
has been dedicated to those projects,
described in total amounts and as a
percentage of total capital
expenditures;
``(II) are planned to be completed
during the 2 fiscal years following the
date of the publication of the
vulnerable road user assessment,
including the amount of funding that
the State plans to be dedicated to
those projects, described in total
amounts and as a percentage of total
capital expenditures; and
``(III) have the potential to be
included on the list described in
subclause (II) once the permitting and
approval processes for those projects
are complete, including the reason for
the delay in the completion of those
processes, if any; and
``(iv) be reviewed and certified by the
Secretary to have met the requirements of this
subparagraph.
``(2) Acceleration of safety project delivery.--For each
project identified by a State under paragraph (1)(B)(iii)(III),
to the maximum extent practicable, the Secretary, in
consultation with the State, shall use the authority under
section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law
114-94) to accelerate delivery of the project.
``(3) Safety plan incentive.--A State shall use 50 percent
of the amounts made available to the State under subsection (b)
for each fiscal year to carry out eligible activities under
paragraph (4).
``(4) Eligible activities.--
``(A) In general.--A State and any metropolitan
planning organization in the State that is required to
obligate funds under subsection (e) may use funds under
paragraph (3) for a project or strategy described in
subsection (c)(2).
``(B) Additional eligibility incentive.--In
addition to the eligible activities under subparagraph
(A), a State and any metropolitan planning organization
in the State that is required to obligate funds under
subsection (e) may use the funds under paragraph (3)
for a project eligible under section 133(b) if--
``(i) the State has, within the fiscal year
prior to the fiscal year in which the Secretary
is making the grant or by a deadline
established by the Secretary in the fiscal year
in which the Secretary is making the grant,
conducted and published a vulnerable road user
safety assessment described in paragraph (1)(B)
that has been approved by the Secretary under
clause (iv) of that paragraph; or
``(ii) for a State that has previously
published a vulnerable road user safety
assessment described in paragraph (1)(B) that
has been approved by the Secretary under clause
(iv) of that paragraph--
``(I) the State has, within the
fiscal year prior to the fiscal year in
which the Secretary is making the grant
or by a deadline established by the
Secretary in the fiscal year in which
the Secretary is making the grant,
updated the estimates described in
clauses (i) and (ii) of paragraph
(1)(B); and
``(II) the State and the
metropolitan planning organization
have, within the 4 fiscal years prior
to the fiscal year in which the
Secretary is making the grant or by a
deadline established by the Secretary
in the fiscal year in which the
Secretary is making the grant,
incorporated a vulnerable road user
safety assessment described in
paragraph (1)(B) into--
``(aa) a long-range
transportation plan developed
by the metropolitan planning
organization under section
134(c), if any; and
``(bb) the long-range
statewide transportation plan
developed by the State under
section 135(f)(1).
``(5) Federal share.--The Federal share of the cost of a
project carried out using funds under paragraph (3)--
``(A) in the case of a State or metropolitan
planning organization within a State that meets the
requirements under paragraph (4)(B), may be up to 100
percent, at the discretion of the State; and
``(B) in the case of a State or metropolitan
planning organization within a State that is not
described in subparagraph (A), shall be determined in
accordance with section 120.
``(e) Suballocation Requirements.--
``(1) In general.--For each fiscal year, of the funds made
available to a State under subsections (c) and (d)--
``(A) 65 percent of each amount shall be obligated,
in proportion to their relative shares of the
population of the State--
``(i) in urbanized areas of the State with
an urbanized area population of over 200,000;
and
``(ii) in other areas of the State; and
``(B) the remainder may be obligated in any area of
the State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that
encompasses the urbanized area.
``(3) Distribution among urbanized areas of over 200,000
population.--
``(A) In general.--Except as provided in
subparagraph (B), the amount that a State is required
to obligate under paragraph (1)(A)(i) shall be
obligated in urbanized areas described in paragraph
(1)(A)(i) based on the relative population of the
areas.
``(B) Other factors.--The State may obligate the
funds described in subparagraph (A) based on other
factors if--
``(i) the State and the relevant
metropolitan planning organizations jointly
apply to the Secretary for the permission to
base the obligation on other factors; and
``(ii) the Secretary grants the request.
``(4) Consultation in urbanized areas.--Before obligating
funds for an activity under subsection (c) or (d) in an
urbanized area that is not a transportation management area, a
State shall consult with any metropolitan planning organization
that represents the urbanized area prior to determining which
activities should be carried out.
``(5) Consultation in rural areas.--Before obligating funds
for an eligible activity under subsections (c) and (d) in a
rural area, a State shall consult with any regional
transportation planning organization or metropolitan planning
organization that represents a rural area of the State prior to
determining which activities should be carried out.''.
(b) Conforming Amendment.--The table of sections for chapter I of
title 23, United States Code, is amended by adding at the end the
following:
``171. Formula safety incentive program.''.
SEC. 2003. STOPPING THREATS ON PEDESTRIANS.
(a) Definition of Bollard Installation Project.--In this section,
the term ``bollard installation project'' means a project to install
raised concrete or metal posts on a sidewalk adjacent to a roadway that
are designed to slow or stop a motor vehicle.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act and subject to the availability of
appropriations, the Secretary shall establish and carry out a
competitive grant pilot program to provide assistance to local
government entities for bollard installation projects designed to
prevent pedestrian injuries and acts of terrorism in areas used by
large numbers of pedestrians.
(c) Application.--To be eligible to receive a grant under this
section, a local government entity shall submit to the Secretary an
application at such time, in such form, and containing such information
as the Secretary determines to be appropriate, which shall include, at
a minimum--
(1) a description of the proposed bollard installation
project to be carried out;
(2) a description of the pedestrian injury or terrorism
risks with respect to the proposed installation area; and
(3) an analysis of how the proposed bollard installation
project will mitigate those risks.
(d) Use of Funds.--A recipient of a grant under this section may
only use the grant funds for a bollard installation project.
(e) Federal Share.--The Federal share of the costs of a bollard
installation project carried out with a grant under this section may be
up to 100 percent.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 2021 through 2025.
SEC. 2004. CYBER SECURITY TOOL; CYBER COORDINATOR.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Highway Administration.
(2) Cyber incident.--The term ``cyber incident'' has the
meaning given the term ``significant cyber incident'' in
Presidential Policy Directive-41 (July 26, 2016, relating to
cyber incident coordination).
(3) Transportation authority.--The term ``transportation
authority'' means--
(A) a public authority (as defined in section
101(a) of title 23, United States Code);
(B) an owner or operator of a highway (as defined
in section 101(a) of title 23, United States Code);
(C) a manufacturer that manufactures a product
related to transportation; and
(D) a division office of the Federal Highway
Administration.
(b) Cybersecurity Tool.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall develop a tool
to assist transportation authorities in identifying, detecting,
protecting against, responding to, and recovering from cyber
incidents.
(2) Requirements.--In developing the tool under paragraph
(1), the Administrator shall--
(A) use the cybersecurity framework established by
the National Institute of Standards and Technology and
required by Executive Order 13636 of February 12, 2013
(78 Fed. Reg. 11739; relating to improving critical
infrastructure cybersecurity);
(B) establish a structured cybersecurity assessment
and development program;
(C) consult with appropriate transportation
authorities, operating agencies, industry stakeholders,
and cybersecurity experts; and
(D) provide for a period of public comment and
review on the tool.
(c) Designation of Cyber Coordinator.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall designate an
office as a ``cyber coordinator'', which shall be responsible
for monitoring, alerting, and advising transportation
authorities of cyber incidents.
(2) Requirements.--The office designated under paragraph
(1) shall--
(A) provide to transportation authorities a secure
method of notifying a single Federal entity of cyber
incidents;
(B) monitor cyber incidents that affect
transportation authorities;
(C) alert transportation authorities to cyber
incidents that affect those transportation authorities;
(D) investigate unaddressed cyber incidents that
affect transportation authorities; and
(E) provide to transportation authorities
educational resources, outreach, and awareness on
fundamental principles and best practices in
cybersecurity for transportation systems.
SEC. 2005. INCREASED SELF DEFENSE ON RECREATIONAL LANDS.
(a) Protecting the Right of Individuals To Bear Arms at Water
Resources Development Projects.--The Secretary of the Army shall not
promulgate or enforce any regulation that prohibits an individual from
possessing a firearm, including an assembled, functional, or loaded
firearm, at a water resources development project covered under section
327.0 of title 36, Code of Federal Regulations (as in effect on the
date of enactment of this Act), if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
TITLE III--STREAMLINING FEDERAL BUREAUCRACY FOR EFFICIENT ENVIRONMENTAL
REVIEWS ON FEDERAL AND TRIBAL TRANSPORTATION INITIATIVES
SEC. 3001. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISION MAKING
AND ONE FEDERAL DECISION.
(a) In General.--Section 139 of title 23, United States Code, is
amended--
(1) in the section heading, by striking ``decisionmaking''
and inserting ``decisionmaking and One Federal Decision'';
(2) in subsection (a)--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (4), (5), (6), (8), (9), (10), and (11),
respectively;
(B) by inserting after paragraph (1) the following:
``(2) Authorization.--The term `authorization' means any
environmental license, permit, approval, finding, or other
administrative decision related to the environmental review
process that is required under Federal law to site, construct,
or reconstruct a project.
``(3) Environmental document.--The term `environmental
document' includes an environmental assessment, finding of no
significant impact, notice of intent, environmental impact
statement, or record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';
(C) in subparagraph (B) of paragraph (5) (as so
redesignated), by striking ``process for and completion
of any environmental permit'' and inserting ``process
and schedule, including a timetable for and completion
of any environmental permit''; and
(D) by inserting after paragraph (6) (as so
redesignated) the following:
``(7) Major project.--
``(A) In general.--The term `major project' means a
project for which--
``(i) multiple permits, approvals, reviews,
or studies are required under a Federal law
other than the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
``(ii) the project sponsor has identified
the reasonable availability of funds sufficient
to complete the project;
``(iii) the project is not a covered
project (as defined in section 41001 of the
FAST Act (42 U.S.C. 4370m)); and
``(iv)(I) the head of the lead agency has
determined that an environmental impact
statement is required; or
``(II) the head of the lead agency has
determined that an environmental assessment is
required, and the project sponsor requests that
the project be treated as a major project.
``(B) Clarification.--In this section, the term
`major project' does not have the same meaning as the
term `major project' as described in section 106(h).'';
(3) in subsection (b)(1)--
(A) by inserting ``, including major projects,''
after ``all projects''; and
(B) by inserting ``as requested by a project
sponsor and'' after ``applied,'';
(4) in subsection (c)--
(A) in paragraph (6)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) to calculate annually the average time taken
by the lead agency to complete all environmental
documents for each project during the previous fiscal
year.''; and
(B) by adding at the end the following:
``(7) Process improvements for projects.--
``(A) In general.--The Secretary shall review--
``(i) existing practices, procedures,
rules, regulations, and applicable laws to
identify impediments to meeting the
requirements applicable to projects under this
section; and
``(ii) best practices, programmatic
agreements, and potential changes to internal
departmental procedures that would facilitate
an efficient environmental review process for
projects.
``(B) Consultation.--In conducting the review under
subparagraph (A), the Secretary shall consult, as
appropriate, with the heads of other Federal agencies
that participate in the environmental review process.
``(C) Report.--Not later than 2 years after the
date of enactment of the America's Transportation
Infrastructure Act of 2019, the Secretary shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that includes--
``(i) the results of the review under
subparagraph (A); and
``(ii) an analysis of whether additional
funding would help the Secretary meet the
requirements applicable to projects under this
section.'';
(5) in subsection (d)--
(A) in paragraph (8)--
(i) in the paragraph heading, by striking
``NEPA'' and inserting ``environmental'';
(ii) in subparagraph (A)--
(I) by inserting ``and except as
provided in subparagraph (D)'' after
``paragraph (7)'';
(II) by striking ``permits'' and
inserting ``authorizations''; and
(III) by striking ``single
environment document'' and inserting
``single environmental document for
each kind of environmental document'';
(iii) in subparagraph (B)(i)--
(I) by striking ``an environmental
document'' and inserting
``environmental documents''; and
(II) by striking ``permits issued''
and inserting ``authorizations''; and
(iv) by adding at the end the following:
``(D) Exceptions.--The lead agency may waive the
application of subparagraph (A) with respect to a
project if--
``(i) the project sponsor requests that
agencies issue separate environmental
documents;
``(ii) the obligations of a cooperating
agency or participating agency under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) have already been
satisfied with respect to the project; or
``(iii) the lead agency determines that
reliance on a single environmental document (as
described in subparagraph (A)) would not
facilitate timely completion of the
environmental review process for the
project.''; and
(B) by adding at the end the following:
``(10) Timely authorizations for major projects.--
``(A) Deadline.--Except as provided in subparagraph
(C), all authorization decisions necessary for the
construction of a major project shall be completed by
not later than 90 days after the date of the issuance
of a record of decision for the major project.
``(B) Detail.--The final environmental impact
statement for a major project shall include an adequate
level of detail to inform decisions necessary for the
role of the participating agencies in the environmental
review process.
``(C) Extension of deadline.--The head of the lead
agency may extend the deadline under subparagraph (A)
if--
``(i) Federal law prohibits the lead agency
or another agency from issuing an approval or
permit within the period described in that
subparagraph;
``(ii) the project sponsor requests that
the permit or approval follow a different
timeline; or
``(iii) an extension would facilitate
completion of the environmental review and
authorization process of the major project.'';
(6) in subsection (g)(1)--
(A) in subparagraph (B)--
(i) in clause (ii)(IV), by striking
``schedule for and cost of'' and inserting
``time required by an agency to conduct an
environmental review and make decisions under
applicable Federal law relating to a project
(including the issuance or denial of a permit
or license) and the cost of''; and
(ii) by adding at the end the following:
``(iii) Major project schedule.--To the
maximum extent practicable and consistent with
applicable Federal law, in the case of a major
project, the lead agency shall develop, in
concurrence with the project sponsor, a
schedule for the major project that is
consistent with an agency average of not more
than 2 years for the completion of the
environmental review process for major
projects, as measured from, as applicable--
``(I) the date of publication of a
notice of intent to prepare an
environmental impact statement to the
record of decision; or
``(II) the date on which the head
of the lead agency determines that an
environmental assessment is required to
a finding of no significant impact.'';
(B) by striking subparagraph (D) and inserting the
following:
``(D) Modification.--
``(i) In general.--Except as provided in
clause (ii), the lead agency may lengthen or
shorten a schedule established under
subparagraph (B) for good cause.
``(ii) Exceptions.--
``(I) Major projects.--In the case
of a major project, the lead agency may
lengthen a schedule under clause (i)
for a cooperating Federal agency by not
more than 1 year after the latest
deadline established for the major
project by the lead agency.
``(II) Shortened schedules.--The
lead agency may not shorten a schedule
under clause (i) if doing so would
impair the ability of a cooperating
Federal agency to conduct necessary
analyses or otherwise carry out
relevant obligations of the Federal
agency for the project.'';
(C) by redesignating subparagraph (E) as
subparagraph (F); and
(D) by inserting after subparagraph (D) the
following:
``(E) Failure to meet deadline.--If a cooperating
Federal agency fails to meet a deadline established
under subparagraph (D)(ii)(I)--
``(i) the cooperating Federal agency shall
submit to the Secretary a report that describes
the reasons why the deadline was not met; and
``(ii) the Secretary shall--
``(I) transmit to the Committee on
Environment and Public Works of the
Senate and the Committee on
Transportation and Infrastructure of
the House of Representatives a copy of
the report under clause (i); and
``(II) make the report under clause
(i) publicly available on the
internet.''; and
(7) by adding at the end the following:
``(p) Accountability and Reporting for Major Projects.--
``(1) In general.--The Secretary shall establish a
performance accountability system to track each major project.
``(2) Requirements.--The performance accountability system
under paragraph (1) shall, for each major project, track, at a
minimum--
``(A) the environmental review process for the
major project, including the project schedule;
``(B) whether the lead agency, cooperating
agencies, and participating agencies are meeting the
schedule established for the environmental review
process; and
``(C) the time taken to complete the environmental
review process.
``(q) Development of Categorical Exclusions.--
``(1) In general.--Not later than 60 days after the date of
enactment of this subsection, the Secretary shall--
``(A) in consultation with the agencies described
in paragraph (2), identify the categorical exclusions
described in section 771.117 of title 23, Code of
Federal Regulations (or successor regulations), that
would accelerate delivery of a project if those
categorical exclusions were available to those
agencies;
``(B) collect existing documentation and
substantiating information on the categorical
exclusions described in subparagraph (A); and
``(C) provide to each agency described in paragraph
(2) a list of the categorical exclusions identified
under subparagraph (A) and the documentation and
substantiating information under subparagraph (B).
``(2) Agencies described.--The agencies referred to in
paragraph (1) are--
``(A) the Department of the Interior;
``(B) the Department of the Army;
``(C) the Department of Commerce;
``(D) the Department of Agriculture;
``(E) the Department of Energy;
``(F) the Department of Defense; and
``(G) any other Federal agency that has
participated in an environmental review process for a
project, as determined by the Secretary.
``(3) Adoption of categorical exclusions.--
``(A) In general.--Not later than 1 year after the
date on which the Secretary provides the list under
paragraph (1)(C), an agency described in paragraph (2)
shall publish a notice of proposed rulemaking to
propose any categorical exclusions from the list
applicable to the agency, subject to the condition that
the categorical exclusion identified under paragraph
(1)(A) meets the criteria for a categorical exclusion
under section 1508.4 of title 40, Code of Federal
Regulations (or successor regulations).
``(B) Public comment.--In a notice of proposed
rulemaking under subparagraph (A), the applicable
agency may solicit comments on whether any of the
proposed new categorical exclusions meet the criteria
for a categorical exclusion under section 1508.4 of
title 40, Code of Federal Regulations (or successor
regulations).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
139 and inserting the following:
``139. Efficient environmental reviews for project decisionmaking and
One Federal Decision.''.
SEC. 3002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIBAL TRANSPORTATION
FACILITIES.
(a) Secretary.--In this section, the term ``Secretary'' means the
Secretary of the Interior.
(b) Definition of Tribal Transportation Safety Project.--
(1) In general.--In this section, the term ``tribal
transportation safety project'' means a project described in
paragraph (2) that is eligible for funding under section 202 of
title 23, United States Code.
(2) Project described.--A project described in this
paragraph is a project that corrects or improves a hazardous
road location or feature or addresses a highway safety problem
through one or more of the activities described in any of the
clauses under section 148(a)(4)(B) of title 23, United States
Code.
(c) Reviews of Tribal Transportation Safety Projects.--
(1) In general.--The Secretary or the Secretary of
Transportation, as applicable, or the head of another Federal
agency responsible for a decision related to a tribal
transportation safety project shall complete any approval or
decision for the review of the tribal transportation safety
project required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal
law on an expeditious basis using the shortest existing
applicable process.
(2) Review of applications.--Not later than 45 days after
the date of receipt of a complete application by an Indian
tribe for approval of a tribal transportation safety project,
the Secretary or the Secretary of Transportation, as
applicable, shall--
(A) take final action on the application; or
(B) provide the Indian tribe a schedule for
completion of the review described in paragraph (1),
including the identification of any other Federal
agency that has jurisdiction with respect to the
project.
(3) Decisions under other federal laws.--In any case in
which a decision under any other Federal law relating to a
tribal transportation safety project (including the issuance or
denial of a permit or license) is required, not later than 45
days after the Secretary or the Secretary of Transportation, as
applicable, has made all decisions of the lead agency under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to the project, the head of the Federal
agency responsible for the decision shall--
(A) make the applicable decision; or
(B) provide the Indian tribe a schedule for making
the decision.
(4) Extensions.--The Secretary or the Secretary of
Transportation, as applicable, or the head of the Federal
agency may extend the period under paragraph (2) or (3), as
applicable, by an additional 30 days by providing the Indian
tribe notice of the extension, including a statement of the
need for the extension.
(5) Notification and explanation.--In any case in which a
required action is not completed by the deadline under
paragraph (2), (3), or (4), as applicable, the Secretary, the
Secretary of Transportation, or the head of a Federal agency,
as applicable, shall--
(A) notify the Committees on Indian Affairs and
Environment and Public Works of the Senate and the
Committee on Natural Resources of the House of
Representatives of the failure to comply with the
deadline; and
(B) provide to the Committees described in
subparagraph (A) a detailed explanation of the reasons
for the failure to comply with the deadline.
<all>
WORKS Act
#4759 | HR Congress #116
Policy Area: Transportation and Public Works
Subjects: Administrative law and regulatory proceduresArmy Corps of EngineersAtmospheric science and weatherChild safety and welfareComputer security and identity theftCongressional oversightCrime preventionDepartment of DefenseDepartment of TransportationDisaster relief and insuranceElementary and secondary educationEmergency planning and evacuationEnvironmental assessment, monitoring, researchEnvironmental regulatory proceduresFederal-Indian relationsFirearms and explosivesFiresFirst responders and emergency personnelFloods and storm protection
Last Action: Referred to the House Committee on Transportation and Infrastructure. (10/18/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text