[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 794 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 794

    To amend title 23, United States Code, to improve the safety of 
 nonmotorized transportation, including bicycle and pedestrian safety.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2005

  Mr. Harkin introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To amend title 23, United States Code, to improve the safety of 
 nonmotorized transportation, including bicycle and pedestrian safety.

    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 ``Safe and Complete Streets Act of 
2005''.

SEC. 2. NONMOTORIZED TRANSPORTATION SAFETY.

    Section 120(c) of title 23, United States Code, is amended--
            (1) in the first sentence, by striking ``The Federal'' and 
        inserting the following:
            ``(2) Federal share.--The Federal'';
            (2) in the second sentence, by striking ``In this 
        subsection, the term'' and inserting the following:
            ``(1) Definitions.--In this subsection:
                    ``(A) Bicycle and pedestrian safety.--The term 
                `bicycle and pedestrian safety' means any improvement 
                that--
                            ``(i) promotes the safety of bicyclists and 
                        pedestrians (including people with 
                        disabilities); and
                            ``(ii) is consistent with sections 134 and 
                        135.
                    ``(B) Safety rest area.--The term'';
            (3) by moving paragraph (1) (as added by paragraph (2)) so 
        as to appear before paragraph (2) (as added by paragraph (1)); 
        and
            (4) by adding at the end the following:
            ``(3) Statement of policy by state transportation 
        departments.--
                    ``(A) In general.--Each State transportation 
                department shall adopt a statement of policy ensuring 
                that the needs and safety of all road users (including 
                the need for pedestrian and bicycle safety) are fully 
                integrated into the planning, design, operation and 
                maintenance of the transportation system of the State 
                transportation department.
                    ``(B) Basis.--In the case of bicycle and pedestrian 
                safety, the statement of policy shall be based on the 
                design guidance on accommodating bicyclists and 
                pedestrians of the Federal Highway Administration 
                adopted in February 2000.
                    ``(C) Reports.--Not later 1 year after the date of 
                enactment of this paragraph, and each year thereafter, 
                the Secretary shall submit to Congress a report on the 
                statements of policy adopted under this paragraph.
            ``(4) Nonmotorized transportation goal.--
                    ``(A) In general.--The Secretary shall take such 
                actions as are necessary to, to the maximum extent 
                practicable, double the percentage of trips made by 
                foot or bicycle while simultaneously reducing crashes 
                involving bicyclists and pedestrians by 10 percent, in 
                a manner consistent with the goals of the national 
                bicycling and walking study conducted during 1994.
                    ``(B) Administration.--Not later than 1 year after 
                the date of enactment of this paragraph, the Secretary 
                shall establish such baseline and completion dates as 
                are necessary to carry out subparagraph (A).
            ``(5) Research for nonmotorized users.--
                    ``(A) Findings.--Congress finds that--
                            ``(i) it is in the national interest to 
                        meet the goals of the national bicycling and 
                        walking study by the completion date 
                        established under paragraph (4)(B);
                            ``(ii) research into the safety and 
                        operation of the transportation system for 
                        nonmotorized users is inadequate, given that 
                        almost 1 in 10 trips are made by foot or 
                        bicycle and 1 in 8 traffic fatalities involves 
                        a bicyclist or pedestrian; and
                            ``(iii) inadequate data collection, 
                        especially on exposure rates and infrastructure 
                        needs, are hampering efforts to improve bicycle 
                        and pedestrian safety and use to meet local 
                        transportation needs.
                    ``(B) Allocation of research funds for nonmotorized 
                users.--
                            ``(i) In general.--The Secretary shall 
                        submit to Congress an annual report on the 
                        percentage of research funds that are allocated 
                        (for the most recent fiscal year for which data 
                        are available) to research that directly 
                        benefits the planning, design, operation, and 
                        maintenance of the transportation system for 
                        nonmotorized users--
                                    ``(I) by the Department of 
                                Transportation; and
                                    ``(II) by State transportation 
                                departments.
                            ``(ii) National cooperative highway 
                        research program.--The Transportation Research 
                        Board of the National Academy of Sciences shall 
                        submit to Congress an annual report on the 
                        percentage of research funds under the National 
                        Cooperative Highway Research Program that are 
                        allocated (for the most recent fiscal year for 
                        which data are available) to research that 
                        directly benefits the planning, design, 
                        operation, and maintenance of the 
                        transportation system for nonmotorized users.
                            ``(iii) Department of transportation 
                        allocation.--Effective beginning with the third 
                        full fiscal year that begins after the date of 
                        enactment of this paragraph, the Secretary 
                        shall allocate at least 10 percent of the 
                        research funds that are allocated by the 
                        Department of Transportation for each fiscal 
                        year to research that directly benefits the 
                        planning, design, operation, and maintenance of 
                        the transportation system for nonmotorized 
                        users.
            ``(6) Metropolitan planning organizations.--
                    ``(A) Bicycle/pedestrian coordinators.--A 
                metropolitan planning organization shall a designate a 
                bicycle/pedestrian coordinator to coordinate bicycle 
                and pedestrian programs and activities carried out in 
                the area served by the organization.
                    ``(B) Certification.--A metropolitan planning 
                organization shall certify to the Secretary, as part of 
                the certification review, that--
                            ``(i) the needs of bicyclists and 
                        pedestrians (including people who use 
                        wheelchairs and people with vision impairment) 
                        have been adequately addressed by the long-
                        range transportation plan of the organization; 
                        and
                            ``(ii) the bicycle and pedestrian projects 
                        to implement the plan in a timely manner are 
                        included in the transportation improvement 
                        program of the organization.
                    ``(C) Long-range transportation plans.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a metropolitan planning 
                        organization shall develop and adopt a long-
                        range transportation plan that--
                                    ``(I) includes the most recent data 
                                available on the percentage of trips 
                                made by foot and by bicycle in each 
                                jurisdiction;
                                    ``(II) includes a target level for 
                                bicycle and pedestrian trips that is 
                                commensurate with the national goal of 
                                doubling the percentage of trips made 
                                by foot and bicycle established under 
                                paragraph (4); and
                                    ``(III) identify the contribution 
                                made by each project under the 
                                transportation improvement program of 
                                the organization toward meeting the 
                                goal of doubling the percentage of 
                                trips made by foot and bicycle.
                            ``(ii) Application.--Clause (i) does not 
                        apply to a metropolitan planning organization 
                        that adopts the design guidance described in 
                        paragraph (3)(B) for all transportation 
                        projects carried out by the organization.
                    ``(D) Local jurisdictions.--A metropolitan planning 
                organization shall strongly encourage local 
                jurisdictions that are served by the organization to 
                maximize the efforts of the local jurisdictions to 
                include sidewalks, bikepaths, and road intersections 
                that maximize bicycle and pedestrian safety in the 
                local transportation systems of the local 
                jurisdictions.''.

SEC. 3. SAFE ROUTES TO SCHOOLS PROGRAM.

    (a) In General.--Subchapter I of chapter I of title 23, United 
States Code, is amended by inserting after section 149 the following:
``Sec. 150. Safe routes to schools program
    ``(a) Definitions.--In this section:
            ``(1) In the vicinity of schools.--The term `in the 
        vicinity of schools' means, with respect to primary and middle 
        schools, the area within bicycling and walking distance of the 
        primary and middle schools (approximately 2 miles).
            ``(2) Primary and middle schools.--The term `primary and 
        middle schools' means schools providing education from 
        kindergarten through eighth grade.
    ``(b) Establishment.--The Secretary shall establish and carry out a 
safe routes to schools program for the benefit of children in primary 
and middle schools.
    ``(c) Purposes.--The purposes of the program are--
            ``(1) to enable and encourage children, including children 
        with disabilities, to walk and bicycle to primary and middle 
        schools;
            ``(2) to make bicycling and walking to primary and middle 
        schools 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 primary and middle schools.
    ``(d) Apportionment of Funds.--
            ``(1) In general.--Subject to paragraphs (2) and (3), 
        amounts made available to carry out this subsection 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 made 
        available to carry out this section under this subsection for a 
        fiscal year, the Secretary shall set aside not more than 2 
        percent of those amounts to pay the administrative expenses 
        incurred by 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.
    ``(e) Administration of Amounts.--Amounts apportioned to a State 
under this section shall be administered by the applicable State 
transportation department.
    ``(f) 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.
    ``(g) Eligible Projects and Activities.--
            ``(1) Infrastructure-related projects.--
                    ``(A) In general.--Amounts apportioned to a State 
                under this section may be used for the planning, 
                design, and construction of infrastructure-related 
                projects that will substantially improve the ability of 
                students to walk and bicycle to primary and middle 
                schools in the vicinity of primary and middle schools, 
                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.
                    ``(B) Location of projects.--An infrastructure-
                related project under subparagraph (A) may be carried 
                out on any public road or any bicycle or pedestrian 
                pathway or trail in the vicinity of a primary or middle 
                school.
            ``(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 primary and middle schools, 
                including--
                            ``(i) public awareness campaigns and 
                        outreach to press and community leaders;
                            ``(ii) traffic education and enforcement in 
                        the vicinity of primary and middle schools;
                            ``(iii) student sessions on bicycle and 
                        pedestrian safety, health, and environment; and
                            ``(iv) funding for training, volunteers, 
                        and managers of safe routes to schools 
                        programs.
                    ``(B) Allocation.--Not less than 10 percent and not 
                more than 30 percent of the amount apportioned to a 
                State under this subsection 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 safe routes to schools 
        program of the State.
    ``(h) 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 schools; and
                    ``(C) provide technical assistance and disseminate 
                techniques and strategies used for successful safe 
                routes to schools programs.
            ``(2) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative expenses 
        under subsection (d)(3).
    ``(i) Task Force.--
            ``(1) In general.--The Secretary shall establish a national 
        safe routes to schools 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 schools 
        programs nationwide.
            ``(2) Report.--Not later than March 31, 2006, the Secretary 
        shall submit to Congress a report containing--
                    ``(A) the results of the study conducted, and a 
                description of the strategy developed, under paragraph 
                (1); and
                    ``(B) information regarding the use of funds for 
                infrastructure-related and noninfrastructure-related 
                activities under paragraphs (1) and (2) of subsection 
                (g).
            ``(3) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative expenses 
        under subsection (d)(3).
    ``(j) Applicability.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, funds made available to carry out this section 
        shall be available for obligation in the same manner as funds 
        apportioned under this chapter.
            ``(2) Availability.--Funds made available to carry out this 
        section shall not be transferable and shall remain available 
        until expended.
            ``(3) Federal share.--The Federal share of the cost of a 
        project or activity under this section shall be 100 percent.
            ``(4) Federal-aid system.--Notwithstanding any other 
        provision of law, a project assisted under this section shall 
        be treated as a project on a Federal-aid system under this 
        chapter.''.
    (b) Authorizations of Appropriations.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the safe routes to schools programs under section 150 of 
title 23, United States Code (as added by subsection (a))--
            (1) $175,000,000 for fiscal year 2005;
            (2) $200,000,000 for fiscal year 2006;
            (3) $200,000,000 for fiscal year 2007;
            (4) $200,000,000 for fiscal year 2008; and
            (5) $225,000,000 for fiscal year 2009.
    (c) Conforming Amendments.--The analysis for subchapter I of 
chapter 1 of title 23, United States Code is amended by inserting after 
the item relating to section 149 the following:

``150. Safe routes to schools program.''.

SEC. 4. NONMOTORIZED TRANSPORTATION PILOT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
and carry out a nonmotorized transportation pilot program to construct, 
in 4 communities selected by the Secretary, a network of nonmotorized 
transportation infrastructure facilities (including sidewalks, bicycle 
lanes, and pedestrian and bicycle trails) that connect directly with 
transit stations, schools, residences, businesses, recreation areas, 
and other community activity centers.
    (b) Purpose.--The purpose of the program shall be to demonstrate 
the extent to which bicycling and walking can ease the burden on 
transportation systems, and represent a major portion of the 
transportation needs that are met, within selected communities.
    (c) Grants.--
            (1) In general.--In carrying out the program, the Secretary 
        may make grants to State, local, and regional agencies that the 
        Secretary determines are suitably equipped and organized to 
        carry out the objectives and requirements of this subsection.
            (2) Suballocation.--An agency that receives a grant under 
        this section may suballocate grant funds to a nonprofit 
        organization to carry out the program under this section.
    (d) Applicability of Title 23.--
            (1) In general.--Except as otherwise provided in this 
        subsection, funds made available to carry out this section 
        shall be available for obligation in the same manner as if the 
        funds were apportioned under chapter 1 of title 23, United 
        States Code.
            (2) Availability.--Funds made available to carry out this 
        section shall not be transferable and shall remain available 
        until expended.
            (3) Federal share.--The Federal share of the cost of a 
        project carried out under this section shall be 80 percent.
    (e) Statistical Information.--In carrying out the program, the 
Secretary shall--
            (1) develop statistical information on changes in motor 
        vehicle, nonmotorized transportation, and public transportation 
        usage in communities participating in the program; and
            (2) assess how the changes--
                    (A) decrease congestion and energy usage;
                    (B) increase the frequency of biking and walking; 
                and
                    (C) promote better health and a cleaner 
                environment.
    (f) Reports.--The Secretary shall submit 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) Authorizations of Appropriations.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out the nonmotorized pilot program under this section 
$25,000,000 for each of fiscal years 2005 through 2009.
                                 <all>