WORKS Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Withdrawing from Overburdensome Reviews and Keep- 5 ing us Safe Act’’ or the ‘‘WORKS Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4759 IH 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 EF- FORTS 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 PRO- TECTING 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 EFFI- CIENT 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. 1 In this Act: 2 (1) DEPARTMENT.—The term ‘‘Department’’ 3 means the Department of Transportation. 4 (2) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of Transportation. 6 SEC. 3. EFFECTIVE DATE. 7 This Act and the amendments made by this Act take 8 effect on October 1, 2020. 9 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4759 IH TITLE I—EMERGENCY AND DIS- 1 ASTER RELIEF THROUGH 2 INCENTIVIZING BETTER PRE- 3 PAREDNESS AND RESPONSE 4 EFFORTS 5 SEC. 1001. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 6 Section 119 of title 23, United States Code, is 7 amended— 8 (1) in subsection (b)— 9 (A) in paragraph (2), by striking ‘‘and’’ at 10 the end; 11 (B) in paragraph (3), by striking the pe- 12 riod at the end and inserting ‘‘; and’’; and 13 (C) by adding at the end the following: 14 ‘‘(4) to provide support for measures to in- 15 crease the resiliency of Federal-aid highways and 16 bridges on and off the National Highway System to 17 mitigate the impacts of sea level rise, extreme weath- 18 er events, flooding, or other natural disasters.’’; and 19 (2) by adding at the end the following: 20 ‘‘(k) PROTECTIVE FEATURES.— 21 ‘‘(1) IN GENERAL.—A State may use not more 22 than 15 percent of the funds apportioned to the 23 State under section 104(b)(1) for each fiscal year 24 for one or more protective features on a Federal-aid 25 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4759 IH highway or bridge off the National Highway System, 1 if the protective feature is designed to mitigate the 2 risk of recurring damage, or the cost of future re- 3 pairs, from extreme weather events, flooding, or 4 other natural disasters. 5 ‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A 6 protective feature referred to in paragraph (1) may 7 include— 8 ‘‘(A) raising roadway grades; 9 ‘‘(B) relocating roadways in a base flood- 10 plain to higher ground above projected flood 11 elevation levels or away from slide prone areas; 12 ‘‘(C) stabilizing slide areas; 13 ‘‘(D) stabilizing slopes; 14 ‘‘(E) installing riprap; 15 ‘‘(F) lengthening or raising bridges to in- 16 crease waterway openings; 17 ‘‘(G) deepening channels to prevent flood- 18 ing; 19 ‘‘(H) increasing the size or number of 20 drainage structures; 21 ‘‘(I) replacing culverts with bridges or 22 upsizing culverts; 23 ‘‘(J) repairing or maintaining tide gates; 24 ‘‘(K) installing seismic retrofits on bridges; 25 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4759 IH ‘‘(L) adding scour protection at bridges; 1 ‘‘(M) adding scour, stream stability, coast- 2 al, or other hydraulic countermeasures, includ- 3 ing spur dikes; 4 ‘‘(N) the use of natural infrastructure to 5 mitigate the risk of recurring damage or the 6 cost of future repair from extreme weather 7 events, flooding, or other natural disasters; and 8 ‘‘(O) any other features that mitigate the 9 risk of recurring damage or the cost of future 10 repair as a result of extreme weather events, 11 flooding, or other natural disasters, as deter- 12 mined by the Secretary. 13 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub- 14 section limits the ability of a State to carry out a 15 project otherwise eligible under subsection (d) using 16 funds apportioned under section 104(b)(1).’’. 17 SEC. 1002. EMERGENCY RELIEF. 18 Section 125 of title 23, United States Code, is 19 amended— 20 (1) in subsection (a)(1), by inserting ‘‘wildfire, 21 sea level rise,’’ after ‘‘severe storm’’; 22 (2) by striking subsection (b) and inserting the 23 following: 24 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4759 IH ‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under 1 this section shall not be used for the repair or reconstruc- 2 tion of a bridge that has been permanently closed to all 3 vehicular traffic by the Federal, State, Tribal, or respon- 4 sible local official because of imminent danger of collapse 5 due to a structural deficiency or physical deterioration.’’; 6 and 7 (3) in subsection (d)— 8 (A) in paragraph (2)(A)— 9 (i) by striking the period at the end 10 and inserting ‘‘; and’’; 11 (ii) by striking ‘‘a facility that meets 12 the current’’ and inserting the following: 13 ‘‘a facility that— 14 ‘‘(i) meets the current’’; and 15 (iii) by adding at the end the fol- 16 lowing: 17 ‘‘(ii) incorporates economically justifi- 18 able improvements designed to mitigate the 19 risk of recurring damage from extreme 20 weather events, flooding, or other natural 21 disasters.’’; 22 (B) by redesignating paragraphs (3) 23 through (5) as paragraphs (4) through (6), re- 24 spectively; and 25 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4759 IH (C) by inserting after paragraph (2) the 1 following: 2 ‘‘(3) PROTECTIVE FEATURES.— 3 ‘‘(A) IN GENERAL.—The cost of an im- 4 provement that is part of a project under this 5 section shall be an eligible expense under this 6 section if the improvement is a protective fea- 7 ture that is designed to mitigate the risk of re- 8 curring damage, or the cost of future repair, 9 from extreme weather events, flooding, or other 10 natural disasters. 11 ‘‘(B) PROTECTIVE FEATURES DE- 12 SCRIBED.—A protective feature referred to in 13 subparagraph (A) may include— 14 ‘‘(i) raising roadway grades; 15 ‘‘(ii) relocating roadways in a base 16 floodplain to higher ground above projected 17 flood elevation levels or away from slide 18 prone areas; 19 ‘‘(iii) stabilizing slide areas; 20 ‘‘(iv) stabilizing slopes; 21 ‘‘(v) installing riprap; 22 ‘‘(vi) lengthening or raising bridges to 23 increase waterway openings; 24 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4759 IH ‘‘(vii) deepening channels to prevent 1 flooding; 2 ‘‘(viii) increasing the size or number 3 of drainage structures; 4 ‘‘(ix) replacing culverts with bridges 5 or upsizing culverts; 6 ‘‘(x) repairing or maintaining tide 7 gates; 8 ‘‘(xi) installing seismic retrofits on 9 bridges; 10 ‘‘(xii) adding scour protection at 11 bridges; 12 ‘‘(xiii) adding scour, stream stability, 13 coastal, and other hydraulic counter- 14 measures, including spur dikes; 15 ‘‘(xiv) the use of natural infrastruc- 16 ture to mitigate the risk of recurring dam- 17 age or the cost of future repair from ex- 18 treme weather events, flooding, or other 19 natural disasters; and 20 ‘‘(xv) any other features that mitigate 21 the risk of recurring damage or the cost of 22 future repair as a result of extreme weath- 23 er events, flooding, or other natural disas- 24 ters, as determined by the Secretary.’’. 25 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4759 IH SEC. 1003. DISASTER RELIEF MOBILIZATION PILOT PRO- 1 GRAM. 2 (a) DEFINITIONS.—In this section: 3 (1) LOCAL COMMUNITY.—The term ‘‘local com- 4 munity’’ means— 5 (A) a unit of local government; 6 (B) a political subdivision of a State or 7 local government; 8 (C) a metropolitan planning organization 9 (as defined in section 134(b) of title 23, United 10 States Code); 11 (D) a rural planning organization; or 12 (E) a Tribal government. 13 (2) PILOT PROGRAM.—The term ‘‘pilot pro- 14 gram’’ means the pilot program established by the 15 Secretary under subsection (b). 16 (b) ESTABLISHMENT.—The Secretary shall establish 17 and carry out a pilot program under which the Secretary 18 shall provide grants to local communities to develop dis- 19 aster preparedness and disaster response plans that in- 20 clude the use of bicycles. 21 (c) APPLICATION AND SELECTION REQUIRE- 22 MENTS.— 23 (1) PARTNERSHIPS.—To be eligible to receive a 24 grant under the pilot program, a local community 25 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4759 IH shall demonstrate plans to enter into a partnership 1 with— 2 (A) one or more nonprofit community or- 3 ganizations active in disaster relief or commu- 4 nity development; or 5 (B) one or more bicycle or pedestrian ad- 6 vocacy organizations. 7 (2) APPLICATION.—To be eligible to receive a 8 grant under the pilot program, a local community 9 shall submit to the Secretary an application at such 10 time, in such manner, and containing such informa- 11 tion as the Secretary may require, including an iden- 12 tification of each nonprofit community organization 13 and bicycle or pedestrian advocacy organization with 14 which the local community plans to establish a part- 15 nership under paragraph (1). 16 (3) SELECTION.—For each fiscal year, the Sec- 17 retary shall select not fewer than 4, and not more 18 than 10, local communities that meet the eligibility 19 requirements to receive a grant under the pilot pro- 20 gram. 21 (d) MAXIMUM AMOUNT.—The maximum amount of 22 a grant under the pilot program shall be $125,000. 23 (e) USE OF FUNDS.— 24 (1) VULNERABILITY ASSESSMENT.— 25 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4759 IH (A) IN GENERAL.—Each recipient of a 1 grant under the pilot program shall carry out a 2 vulnerability assessment of the current infra- 3 structure of the applicable community that sup- 4 ports active transportation, including bicycling, 5 walking, and personal mobility devices, with a 6 particular focus on areas in the local commu- 7 nity that— 8 (i) have low levels of vehicle owner- 9 ship; and 10 (ii) lack sufficient active transpor- 11 tation infrastructure routes to public 12 transportation. 13 (B) PUBLIC PARTICIPATION.—In carrying 14 out the vulnerability assessment under subpara- 15 graph (A), a grant recipient shall— 16 (i) provide an opportunity for public 17 participation and feedback; and 18 (ii) consider public feedback in devel- 19 oping or modifying response plans under 20 paragraph (2). 21 (2) DISASTER PREPAREDNESS AND DISASTER 22 RESPONSE PLANS.—Each recipient of a grant under 23 the pilot program shall develop or modify, as appli- 24 cable, disaster preparedness and disaster response 25 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4759 IH plans to include the use of bicycles by first respond- 1 ers, emergency workers, and community organiza- 2 tion representatives— 3 (A) during a mandatory or voluntary evac- 4 uation ordered by a Federal, State, Tribal, or 5 local government entity— 6 (i) to notify residents of the need to 7 evacuate; 8 (ii) to evacuate individuals and goods; 9 and 10 (iii) to reach individuals who are in 11 need of first aid and medical assistance; 12 and 13 (B) after a disaster or emergency declared 14 by a Federal, State, Tribal, or local government 15 entity— 16 (i) to participate in search and rescue 17 activities; 18 (ii) to carry commodities to be used 19 for life-saving or life-sustaining purposes, 20 including— 21 (I) water; 22 (II) food; 23 (III) first aid and other medical 24 supplies; and 25 VerDate Sep 11 2014 03:53 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4759.IH H4759 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 4759 IH (IV) power sources and electric 1 supplies, such as cell phones, radios, 2 lights, and batteries; 3 (iii) to reach individuals who are in 4 need of the items described in clause (ii); 5 and 6 (iv) to assist with other disaster relief 7 tasks, as appropriate. 8 (3) PREPAREDNESS TRAINING, EXERCISES, AND 9 EQUIPMENT.—Each recipient of a grant under the 10 pilot program shall— 11 (A) provide training for first responders, 12 emergency workers, and community organiza- 13 tion representatives regarding— 14 (i) competent bicycle skills, including 15 the use of cargo bicycles and electric bicy- 16 cles, as applicable; 17 (ii) basic bicycle maintenan [Text truncated for display. 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