[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>