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Title II — Creating Safer Communities By Reducing Threats and Increasing Coordination While Protecting Second Amendment Rights

H.R. 4759 · 116th Congress · Oct 18, 2019 · Lineage

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:

“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:

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.