To amend title 23, United States Code, to establish a transportation and active living program, a safe routes to school program, and a nonmotorized transportation pilot program.

June 23, 2003

Mr. OBERSTAR (for himself, Mr. BLUMENAUER, Mr. HOBSON, Mr. LIPINSKI, Ms. NORTON, Mr. PASCRELL, Mr. LAMPSON, Mr. HONDA, Mr. FROST, Mr. SERRANO, Mr. MORAN of Virginia, Mr. SANDERS, Mr. BROWN of Ohio, Ms. WOOLSEY, Mr. DOGGETT, Ms. BALDWIN, Mr. BALLANCE, Mr. CASE, and Mr. SCOTT of Georgia) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To amend title 23, United States Code, to establish a transportation and active living program, a safe routes to school program, and a nonmotorized transportation pilot program.

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 `Pedestrian and Cyclist Equity Act of 2003'.

SEC. 2. TRANSPORTATION AND ACTIVE LIVING PROGRAM.

(a) IN GENERAL- Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following:

`Sec. 165. Transportation and active living program

`(a) IN GENERAL- Subject to the requirements of this section, the Secretary shall establish and carry out a transportation and active living program.

`(b) PURPOSE- The purpose of the program shall be to create, enhance, and promote, through changes in transportation, community design, and architectural policies and programs, community environments that improve opportunities for people to be physically active in their daily lives.

`(c) GRANTS- In carrying out the program, the Secretary shall make grants to State, local, and regional agencies, including nonprofit organizations, for eligible activities.

`(d) ELIGIBLE ACTIVITIES- In making grants under this section, the Secretary may consider initiatives that--

`(1) adopt community design, land use, and transportation policies that promote active living or remove barriers to physical activity, including policies that--

`(A) integrate land use and transportation planning processes to promote nonmotorized travel choices;

`(B) incorporate pedestrian- and bicycle-friendly features into community planning or legislative initiatives;

`(C) develop campaigns and provide technical assistance for safe routes to school;

`(D) implement commuter choice options and provide incentives for walking and bicycling;

`(E) enhance accessibility and mobility initiatives for people with disabilities; and

`(F) improve access to transit, parks, and recreation areas; and

`(2) implement communications and marketing strategies to promote physical activity, including strategies that--

`(A) promote the use of systems and facilities that increase physical activity, such as bikeways, trails, parks, and transit;

`(B) promote awareness and understanding of the benefits of environments that support physical activity;

`(C) provide school and workplace education about resources to support a physically active lifestyle; and

`(D) engage local media and organize periodic events about issues related to physical activity.

`(c) ELIGIBLE APPLICANTS-

`(1) APPLICATIONS- A State, local, or regional agency, including a nonprofit organization, shall be eligible for a grant under this section if the agency submits to the Secretary an application in such form and containing such information as the Secretary may require.

`(2) ABILITY OF APPLICANT- The Secretary shall require each applicant to demonstrate the ability to address, as part of ongoing local planning, development, and transportation efforts, the needs of diverse populations for physical activity.

`(3) PREFERENCE- The Secretary shall give preference to applicants that demonstrate interdisciplinary alliances, engage governmental entities, and propose innovative policies, programs, and communications strategies that have the potential to increase access and remove barriers to physical activity.

`(d) USE OF FUNDS-

`(1) ELIGIBLE USES- Amounts from grants under this section may be used for salaries, data collection and analysis, meetings, supplies, and other direct project expenses, including a limited amount of essential equipment.

`(2) PROHIBITED USES- Amounts from grants under this section may not be used to construct, reconstruct, or renovate facilities or as a substitute for funds currently being used to support similar activities.

`(e) DISTRIBUTION OF FUNDS- To ensure a broad geographical distribution of funds, the total amount awarded in grants under this section to applicants in any State may not exceed $1,000,000 for a fiscal year.

`(f) FEDERAL SHARE- The Federal share of the cost of a project funded under this section shall be 100 percent.

`(g) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out

this section $25,000,000 for each of the fiscal years 2004 through 2009.

`(h) PERIOD OF AVAILABILITY- Notwithstanding section 118(b)(2), amounts allocated under this section shall remain available until expended.'.

(b) CONFORMING AMENDMENT- The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 164 the following:

`165. Transportation and active living program.'.

SEC. 3. SAFE ROUTES TO SCHOOL PROGRAM.

(a) IN GENERAL- Subchapter I of chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

`Sec. 166. Safe routes to school program

`(a) ESTABLISHMENT- Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary and middle schools.

`(b) PURPOSES- The purposes of the program shall be--

`(1) to enable and encourage children to walk and bicycle to school;

`(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and

`(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.

`(c) APPORTIONMENT OF FUNDS-

`(1) IN GENERAL- Subject to paragraphs (2) and (3), amounts made available to carry out this section for a fiscal year shall be apportioned among the States in the ratio that--

`(A) the total student enrollment in primary and middle schools in each State; bears to

`(B) the total student enrollment in primary and middle schools in all the States.

`(2) MINIMUM APPORTIONMENT- No State shall receive an apportionment under this section for a fiscal year of less than $2,000,000.

`(3) SET-ASIDE- Before apportioning amounts under this subsection for a fiscal year, the Secretary shall set aside such sums as may be necessary for the administrative expenses of the Secretary in carrying out this section.

`(4) DETERMINATION OF STUDENT ENROLLMENTS- Determinations under this subsection concerning student enrollments shall be made by the Secretary.

`(d) ADMINISTRATION OF AMOUNTS- Amounts apportioned to a State under this section shall be administered by the State's department of transportation.

`(e) ELIGIBLE RECIPIENTS- Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.

`(f) ELIGIBLE PROJECTS AND ACTIVITIES-

`(1) INFRASTRUCTURE-RELATED PROJECTS-

`(A) IN GENERAL- Amounts apportioned to a State under this section and section 104(b)(3) may be used for the planning, design, and construction of infrastructure-related projects to encourage walking and bicycling to school, including--

`(i) sidewalk improvements;

`(ii) traffic calming and speed reduction improvements;

`(iii) pedestrian and bicycle crossing improvements;

`(iv) on-street bicycle facilities;

`(v) off-street bicycle and pedestrian facilities;

`(vi) secure bicycle parking facilities; and

`(vii) traffic diversion improvements in the vicinity of schools.

`(B) LOCATION OF PROJECTS- Infrastructure-related projects under paragraph (1) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.

`(2) NONINFRASTRUCTURE-RELATED ACTIVITIES-

`(A) IN GENERAL- In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including--

`(i) public awareness campaigns and outreach to press and community leaders;

`(ii) traffic education and enforcement in the vicinity of schools;

`(iii) student sessions on bicycle and pedestrian safety, health, and environment; and

`(iv) funding for training, volunteers, and coordinators of safe routes to school programs.

`(B) ALLOCATION- Not less than 10 percent of the amounts apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph.

`(3) SAFE ROUTES TO SCHOOL COORDINATOR- Each State receiving an apportionment under this section for a fiscal year shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State's safe routes to school program.

`(g) CLEARINGHOUSE-

`(1) IN GENERAL- The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools to--

`(A) operate a national safe routes to school clearinghouse;

`(B) develop information and educational programs on safe routes to school; and

`(C) provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs.

`(2) FUNDING- The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3).

`(h) TASK FORCE-

`(1) IN GENERAL- The Secretary shall establish a national safe routes to school task force composed of leaders in health, transportation, and education, including representatives of appropriate Federal agencies, to study and develop a strategy for advancing safe routes to school programs nationwide.

`(2) REPORT- Not later than March 30, 2005, the Secretary shall transmit to Congress a report containing the results of the study conducted, and a description of the strategy developed, under paragraph (1).

`(3) FUNDING- The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3).

`(i) FEDERAL SHARE- The Federal share of the cost of a project or activity funded under this section shall be 100 percent.

`(j) DEFINITIONS-

`(1) IN THE VICINITY OF SCHOOLS- The term `in the vicinity of schools' means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles).

`(2) PRIMARY AND MIDDLE SCHOOLS- The term `primary and middle schools' means schools providing education from kindergarten through eighth grade.

`(k) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $250,000,000 for each of the fiscal years 2004 through 2009.

`(l) PERIOD OF AVAILABILITY- Notwithstanding section 118(b)(2), amounts apportioned under this section shall remain available until expended.'.

(b) CONFORMING AMENDMENTS-

(1) CHAPTER ANALYSIS- The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 165 the following:

`166. Safe routes to school program.'.

(2) SURFACE TRANSPORTATION PROGRAM- Section 133(b) of title 23, United States Code, is amended by adding at the end the following:

`(15) Infrastructure-related projects to encourage walking and bicycling to school in accordance with section 166.'.

SEC. 4. NONMOTORIZED TRANSPORTATION PILOT PROGRAM.

(a) ESTABLISHMENT OF PROGRAM- Subchapter I of chapter 1 of title 23, United States Code, is further amended by adding at the end the following:

`Sec. 167. Nonmotorized transportation pilot program

`(a) ESTABLISHMENT- The Secretary shall establish and carry out a nonmotorized transportation pilot program to construct, in 3 communities selected by the Secretary, a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pathways, that connect directly with transit stations, schools, residences, businesses, and other community activity centers.

`(b) PURPOSE- The purpose of the program shall be to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within selected communities.

`(c) GRANTS- In carrying out the program, the Secretary may make grants to State, local, and regional agencies, including nonprofit organizations, that the Secretary determines are suitably equipped and organized to carry out the requirements of this section.

`(d) STATISTICAL INFORMATION- In carrying out the program, the Secretary shall develop statistical information on changes in motorized, nonmotorized, and transit use in communities participating in the program and assess how such changes support and promote livable community concepts, decreased traffic and energy usage, a cleaner environment, and healthier lifestyles.

`(e) FEDERAL SHARE- The Federal share of the cost of a project or activity funded under this section shall be 80 percent.

`(f) REPORTS- The Secretary shall transmit to Congress an interim report not later than September 30, 2007, and a final report not later than September 30, 2010, on the results of the program.

`(g) AUTHORIZATION OF APPROPRIATIONS-

`(1) HIGHWAY TRUST FUND- There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $20,000,000 for each of the fiscal years 2004 through 2006 and $40,000,000 for each of the fiscal years 2007 through 2009.

`(2) MASS TRANSIT ACCOUNT OF HIGHWAY TRUST FUND- There is authorized to be appropriated out of the Mass Transit Account of the Highway Trust Fund to carry out this section $5,000,000 for each of the fiscal years 2004 through 2006 and $10,000,000 for each of the fiscal years 2007 through 2009.

`(h) PERIOD OF AVAILABILITY- Notwithstanding any other provision of law, funds allocated under this section shall remain available until expended.'.

(b) CONFORMING AMENDMENT- The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 166 the following:

`167. Nonmotorized transportation pilot program.'.

END