[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2568 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2568

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             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

_______________________________________________________________________

                                 A BILL


 
 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.''.
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