[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 430 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 430

To direct the Secretary of Transportation to establish a grant program 
 for projects to strengthen and protect vulnerable infrastructure used 
            during mass evacuations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2021

Mr. Markey (for himself and Ms. Warren) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Transportation to establish a grant program 
 for projects to strengthen and protect vulnerable infrastructure used 
            during mass evacuations, 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.

    This Act may be cited as the ``Enhancing the Strength and Capacity 
of America's Primary Evacuation routes Act'' or the ``ESCAPE Act''.

SEC. 2. EVACUATION ROUTE PROGRAM.

    (a) Definitions.--In this section:
            (1) Evacuation route.--The term ``evacuation route'' means 
        a route that--
                    (A) is owned, operated, or maintained by a Federal, 
                State, Tribal, or local government or a private entity;
                    (B) is used--
                            (i) to transport the public away from an 
                        emergency event (as defined in section 667.3 of 
                        title 23, Code of Federal Regulations (or 
                        successor regulations)) that is anticipated, 
                        reasonably likely, ongoing, or past; or
                            (ii) to transport emergency responders and 
                        recovery resources;
                    (C) is designated by the State in which the route 
                is located (or in the case of a federally owned route, 
                the head of the Federal agency with jurisdiction over 
                the route) for the purposes described in subparagraph 
                (B); and
                    (D) meets the criteria for a mass evacuation route 
                pursuant to subsection (b)(1).
            (2) Program.--The term ``program'' means the competitive 
        grant program established under subsection (c)(1).
            (3) Resilience project.--The term ``resilience project'' 
        means a project--
                    (A) with the ability to anticipate, prepare for, 
                and adapt to changing conditions and withstand, respond 
                to, and recover rapidly from disruptions; and
                    (B) designed and built to address current and 
                future vulnerabilities to an evacuation route due to--
                            (i) future occurrence or recurrence of 
                        emergency events (as defined in section 667.3 
                        of title 23, Code of Federal Regulations (or 
                        successor regulations)) that are likely to 
                        occur in the geographic area in which the 
                        evacuation route is located; or
                            (ii) projected changes in development 
                        patterns, demographics, or extreme events based 
                        on the best available evidence and analysis.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Establishment of Mass Evacuation Route Criteria.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator of the Federal Emergency Management Agency, State 
        departments of transportation, metropolitan planning 
        organizations, and other stakeholders, shall establish criteria 
        for eligible entities described in subsection (f) to identify 
        mass evacuation routes.
            (2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall--
                    (A) provide a period of not less than 90 days for 
                State departments of transportation, metropolitan 
                planning organizations, other stakeholders, and the 
                public to comment on the criteria proposed by the 
                Secretary under that paragraph; and
                    (B) take into consideration any comments received 
                pursuant to subparagraph (A).
    (c) Establishment of Program.--
            (1) In general.--The Secretary (in consultation with the 
        Administrator of the Federal Emergency Management Agency for 
        the purposes described in paragraph (2)) shall establish a 
        competitive grant program to provide grants for resilience 
        projects that strengthen and protect evacuation routes that are 
        essential for providing and supporting mass evacuations caused 
        by emergency events (as defined in section 667.3 of title 23, 
        Code of Federal Regulations (or successor regulations)).
            (2) Consultation.--In carrying out the program, the 
        Secretary shall consult with the Administrator of the Federal 
        Emergency Management Agency for the purpose of providing 
        technical assistance to the Secretary and to applicants.
    (d) Eligible Resilience Projects.--The Secretary shall provide 
grants under this section to resilience projects--
            (1) described in subsection (e); and
            (2) that--
                    (A) ensure the ability of the evacuation route to 
                provide safe passage during a mass evacuation and 
                reduce the risk of damage to evacuation routes as a 
                result of future emergency events (as defined in 
                section 667.3 of title 23, Code of Federal Regulations 
                (or successor regulations)), including--
                            (i) restoring or replacing existing mass 
                        evacuation routes that are classified as being 
                        in poor condition or do not meet current 
                        geometric standards;
                            (ii) protecting, elevating, or relocating 
                        assets that are located in a base floodplain;
                            (iii) protecting assets vulnerable to high 
                        winds;
                            (iv) installing mitigation measures that 
                        prevent the intrusion of floodwaters into 
                        transportation systems;
                            (v) strengthening systems that remove 
                        rainwater from transportation facilities or 
                        services; or
                            (vi) other resilience projects that address 
                        identified vulnerabilities;
                    (B) if the Secretary determines that existing 
                evacuation routes are not sufficient to adequately 
                facilitate mass evacuations, expand the capacity of 
                evacuation routes to swiftly and safely accommodate 
                mass evacuations and provide mobility for emergency 
                responders and recovery resources, including 
                installation of--
                            (i) communications and intelligent 
                        transportation system equipment and 
                        infrastructure;
                            (ii) counterflow measures; or
                            (iii) shoulders;
                    (C) are for the construction of--
                            (i) new or redundant evacuation routes, if 
                        the Secretary determines that existing 
                        evacuation routes are not sufficient to 
                        adequately facilitate mass evacuations, 
                        emergency response, or recovery efforts; or
                            (ii) sheltering facilities; or
                    (D) involve planning and acquisition, including--
                            (i) mass evacuation planning and 
                        preparation, such as--
                                    (I) coordination with Federal 
                                agencies and departments, agencies and 
                                departments within the State, first 
                                responders, and other States;
                                    (II) identification of evacuation 
                                routes;
                                    (III) evacuation route education 
                                and awareness campaigns;
                                    (IV) traffic analysis and 
                                monitoring; or
                                    (V) data sharing;
                            (ii) acquisition of evacuation route and 
                        traffic incident management equipment and 
                        vehicles;
                            (iii) evacuation route risk assessment;
                            (iv) development of enhanced mass 
                        evacuation response capabilities;
                            (v) evacuation route signage; or
                            (vi) equipment for pedestrian movement.
    (e) Eligible Projects.--The Secretary may make a grant under this 
section only for a project that is--
            (1) an evacuation route;
            (2) a project eligible for assistance under title 23, 
        United States Code;
            (3) a public transportation facility or service eligible 
        for assistance under chapter 53 of title 49, United States 
        Code;
            (4) a facility or service for intercity rail passenger 
        transportation (as defined in section 24102 of title 49, United 
        States Code);
            (5) a port facility, including a facility that--
                    (A) connects a port to other modes of 
                transportation;
                    (B) improves the efficiency of mass evacuations and 
                disaster relief; or
                    (C) aids transportation;
            (6) a public-use airport (as defined in section 47102 of 
        title 49, United States Code) that is included in the national 
        plan of integrated airport systems developed by the Federal 
        Aviation Administration under section 47103 of title 49, United 
        States Code; or
            (7) a route owned, operated, or maintained by the Corps of 
        Engineers.
    (f) Eligible Entities.--The Secretary may award a grant under this 
section to any of the following:
            (1) A State.
            (2) A metropolitan planning organization that serves an 
        urbanized area (as defined by the Bureau of the Census) with a 
        population of more than 200,000 individuals.
            (3) A unit of local government.
            (4) A political subdivision of a State or local government.
            (5) A special purpose district or public authority with a 
        transportation function, including a port authority.
            (6) A Federal land management agency that applies jointly 
        with a State or group of States.
            (7) A Tribal government or a consortium of Tribal 
        governments.
            (8) A multistate or multijurisdictional group of entities 
        described in paragraphs (1) through (7).
    (g) Applications.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Secretary an 
application in such form, at such time, and containing such information 
as the Secretary determines to be necessary.
    (h) Criteria.--In selecting resilience projects to receive grants 
under the program, the Secretary shall consider--
            (1) the cost of the project compared to the risk of 
        recurring damage and the cost of future repairs, taking into 
        account current and future emergency events (as defined in 
        section 667.3 of title 23, Code of Federal Regulations (or 
        successor regulations)) and extreme events, to the maximum 
        extent practicable;
            (2) the extent to which the project reduces the financial 
        risk to the Federal Government; and
            (3) such other criteria as the Secretary determines to be 
        appropriate.
    (i) Administration of Projects.--A project that receives a grant 
under this section--
            (1) may be transferred within the Department of 
        Transportation; and
            (2) shall be administered in accordance with--
                    (A) title 23 and title 49, United States Code, as 
                applicable;
                    (B) title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.);
                    (C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (D) the Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.).
    (j) Federal Cost Share.--
            (1) In general.--The Federal share of the cost of a project 
        carried out under the program shall not exceed 80 percent of 
        the total project cost.
            (2) Non-federal share.--The eligible entity may use funds 
        provided from other Federal sources to meet the non-Federal 
        cost share requirement for a project under the program.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section for each fiscal year 
$1,000,000,000, to remain available until expended.
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