[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1156 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1156

  To amend the Safe, Accountable, Flexible, Efficient Transportation 
  Equity Act: A Legacy for Users to reauthorize and improve the safe 
                       routes to school program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2009

 Mr. Harkin (for himself, Mr. Burr, Mr. Sanders, Mr. Merkley, and Ms. 
   Collins) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Safe, Accountable, Flexible, Efficient Transportation 
  Equity Act: A Legacy for Users to reauthorize and improve the safe 
                       routes to school 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 ``Safe Routes to School Program 
Reauthorization Act''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 1101(a) of the SAFETEA-LU (119 Stat. 1155) is amended by 
striking paragraph (17) and inserting the following:
            ``(17) Safe routes to school program.--For the safe routes 
        to school program under section 1404 of this Act, $600,000,000 
        for each of fiscal years 2010 through 2014.''.

SEC. 3. SAFE ROUTES TO SCHOOL PROGRAM.

    Section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1228) 
is amended to read as follows:

``SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM.

    ``(a) Definition of Vicinity.--In this section, the term `vicinity' 
means, with respect to a school, the area within bicycling and walking 
distance of the school (approximately 2 miles).
    ``(b) Establishment.--Subject to this section, the Secretary shall 
establish and carry out a safe routes to school program for the benefit 
of children in kindergarten through the twelfth grade, with a 
preference for primary and middle schools.
    ``(c) Purposes.--The purposes of the program shall be--
            ``(1) to enable and encourage children, including those 
        with disabilities, 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 throughout 
        adolescence; 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.
    ``(d) Apportionment of Funds.--
            ``(1) In general.--Subject to paragraphs (2) through (5), 
        amounts made available to carry out this section for a fiscal 
        year shall be apportioned among the States in the proportion 
        that--
                    ``(A) the total student enrollment in kindergarten 
                through the twelfth grade in each State; bears to
                    ``(B) the total student enrollment in kindergarten 
                through the twelfth grade in all States.
            ``(2) Minimum apportionment.--No State shall receive an 
        apportionment under this section for a fiscal year in an amount 
        less than an amount equal to 0.5 percent of the amounts made 
        available to carry out this section for the fiscal year.
            ``(3) State incentive matching fund.--
                    ``(A) In general.--Subject to subparagraph (B), 
                before apportioning amounts made available to carry out 
                this section for a fiscal year, the Secretary shall set 
                aside not more than 10 percent of the amounts to 
                provide additional funds to States that match Federal 
                funds with additional State funds for the purposes of 
                this section.
                    ``(B) Requirements.--With respect to additional 
                funds set aside under subparagraph (A)--
                            ``(i) the additional amount provided to a 
                        State from those funds shall be directly 
                        proportional to the amount of matching funds 
                        provided by the State; and
                            ``(ii) any funds remaining after additional 
                        amounts are provided to States shall be 
                        distributed among all States in accordance with 
                        the formula described in paragraph (1).
            ``(4) Set-asides for administrative expenses, research, and 
        evaluation.--Before apportioning amounts made available to 
        carry out this section for a fiscal year, the Secretary shall 
        set aside--
                    ``(A) not more than 1.5 percent of the amounts for 
                use in paying the administrative expenses of the 
                Secretary in carrying out this subsection; and
                    ``(B) not less than 1.5 nor more than 2.5 percent 
                of the amounts for use in carrying out research and 
                evaluation activities under subsection (k).
            ``(5) Determination of student enrollments.--Determinations 
        under this subsection relating to student enrollments and funds 
        provided to States shall be made by the Secretary.
    ``(e) Administration of Amounts.--Amounts apportioned to a State 
under this section shall be administered by the department of 
transportation of the State.
    ``(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), Indian tribes, and tribal 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, bicycle, or use other nonmotorized 
                modes of transportation to school, including sidewalk 
                improvements, traffic-calming and speed reduction 
                improvements, pedestrian and bicycle crossing 
                improvements, on-street bicycle facilities, off-street 
                bicycle and pedestrian facilities, secure bicycle 
                parking facilities, and traffic diversion improvements 
                in the vicinity of schools.
                    ``(B) Location of projects.--Infrastructure-related 
                projects under subparagraph (A) may be carried out on 
                any public road or any bicycle or pedestrian pathway or 
                trail in the vicinity of a school.
                    ``(C) Safe routes to bus stops.--
                            ``(i) Use of funds.--Each State may use up 
                        to 10 percent of amounts apportioned to the 
                        State and used for infrastructure purposes 
                        under this section to assist eligible 
                        recipients in making infrastructure 
                        improvements that create safe routes to bus 
                        stops that are located outside of the vicinity 
                        of schools, as determined by the Secretary.
                            ``(ii) Exclusion of structures.--Bus stop 
                        structures may not be constructed using amounts 
                        apportioned to a State under this section.
            ``(2) Noninfrastructure-related activities.--
                    ``(A) In general.--Subject to subparagraph (C), 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, bicycling, and other nonmotorized 
                forms of transportation to school, including for--
                            ``(i) public awareness campaigns and 
                        outreach to press and community leaders;
                            ``(ii) traffic education for children at a 
                        school, regardless of whether the children live 
                        in the vicinity of the school;
                            ``(iii) traffic enforcement in the vicinity 
                        of schools;
                            ``(iv) student sessions on bicycle and 
                        pedestrian safety, health, and environment; and
                            ``(v) funding for training, volunteers, and 
                        managers of safe routes to school programs.
                    ``(B) Management.--The use of funds to pay managers 
                of local safe routes to school programs shall be an 
                allowable use of funding, and shall not be considered a 
                prohibited, reoccurring cost.
                    ``(C) Maximum allowable amount.--Not less than 10 
                percent nor more than 30 percent of the amount 
                apportioned to a State under this section for a fiscal 
                year shall be used for noninfrastructure-related 
                activities under this paragraph.
            ``(3) Planning grants.--Amounts apportioned to a State 
        under this section may be used to provide planning grants to 
        assist eligible recipients in developing a comprehensive safe 
        routes to school plan that encompasses infrastructure and 
        noninfrastructure activities.
            ``(4) Equitable distribution.--Each State receiving an 
        apportionment under this section shall ensure that funds to be 
        used for infrastructure and noninfrastructure purposes are 
        distributed in such a way that a fair balance of funding is 
        provided to all types of communities, including low-income 
        communities and urban, rural, and suburban school districts.
            ``(5) 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 for the safe routes to school 
        program of the State.
            ``(6) Advisory committee.--Each State receiving an 
        apportionment under this section shall form a multidisciplinary 
        State advisory committee that includes relevant State agencies 
        and other stakeholders (including nonprofit organizations, 
        cities, and schools)--
                    ``(A) to provide guidance on program structure;
                    ``(B) to review applications for funding; and
                    ``(C) to provide biennial progress reports on the 
                implementation of safe routes to school program of the 
                State.
    ``(h) Clearinghouse.--
            ``(1) In general.--The Secretary shall provide grants to a 
        national nonprofit organization engaged in promoting safe 
        routes to schools--
                    ``(A) to operate a national safe routes to school 
                clearinghouse;
                    ``(B) to develop information and educational 
                programs on safe routes to school;
                    ``(C) to provide technical assistance and 
                disseminate techniques and strategies used for 
                successful safe routes to school programs, including 
                for inclusion of children with disabilities;
                    ``(D) to carry out a national awareness and 
                promotion campaign on the benefits of walking and 
                bicycling to school and driver safety in the vicinity 
                of schools;
                    ``(E) to maintain a national database of all 
                projects assisted under this subsection; and
                    ``(F) to collect data relating to the purposes of 
                this program, including information on the prevalence 
                of inclusion of children with disabilities.
            ``(2) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative expenses 
        under subsection (d)(4)(A).
    ``(i) Task Force.--
            ``(1) In general.--The Secretary shall establish a 
        permanent, national safe routes to school task force composed 
        of individuals who are leaders in health, transportation, and 
        education (including representatives of appropriate Federal 
        agencies and nonprofit organizations), to assess and make 
        recommendations on the implementation and evaluation of the 
        safe routes to school program.
            ``(2) Reports.--Not later than 30 months after the date of 
        enactment of this paragraph, and not later than 90 days before 
        the end of the final fiscal year for which funds are authorized 
        to be appropriated to carry out this section, respectively, the 
        Secretary shall submit to Congress a report that includes--
                    ``(A) a description of the status of implementation 
                of the safe routes to school program;
                    ``(B) recommendations on strategies for successful 
                implementation of that program; and
                    ``(C) guidance on evaluation strategies for that 
                program.
            ``(3) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for research and evaluation 
        activities under subsection (d)(4)(B).
    ``(j) Treatment of Projects.--
            ``(1) Noninfrastructure projects.--A noninfrastructure 
        project and an infrastructure project that does not involve or 
        lead directly to construction for which assistance is provided 
        under this section shall not be considered to be a project on a 
        Federal-aid system for purposes of chapter 1 of title 23, 
        United States Code.
            ``(2) Infrastructure projects.--Not later than 1 year after 
        the date of enactment of this section, the Secretary shall 
        promulgate regulations for Federal-aid construction projects 
        under this section that encourage the use of the programmatic 
        categorical exclusion, expedited procurement techniques, and 
        other best practices to facilitate productive and timely 
        expenditure of funds for projects that are small, low-impact, 
        and constructed within an existing built environment.
            ``(3) State processes.--The Secretary shall work with State 
        departments of transportation to ensure that the regulations 
        promulgated pursuant to paragraph (2) are implemented 
        consistently by States and staff of the Federal Highway 
        Administration to avoid unnecessary delays in implementing 
        projects and ensuring effective use of Federal funds.
    ``(k) Research and Evaluation.--
            ``(1) In general.--The Secretary shall develop and 
        implement a comprehensive evaluation plan that includes--
                    ``(A) collaboration with the Centers for Disease 
                Control and Prevention, the Environmental Protection 
                Agency, and the Department of Education to develop 
                measures of the effectiveness of safe routes to school 
                with respect to health, safety, the environment, 
                student academics, and student behavior;
                    ``(B) mandatory collection of standardized 
                evaluation data on those measures for any project 
                funded under this section;
                    ``(C) evaluation of data to determine the impact of 
                safe routes to school on all purposes of the program, 
                areas for improvement, and proven best practices at the 
                national, State, and local levels; and
                    ``(D) the issuance not less than annually of 
                updated best practices on State and local 
                implementation.
            ``(2) Research.--The Secretary shall designate independent 
        research organizations or authorities to conduct research and 
        issue reports for wide dissemination that benefit the safe 
        routes to school program, including--
                    ``(A) robust, reliable, consistent, and frequent 
                measures of the use and safety of nonmotorized modes of 
                transportation, including walking and bicycling for 
                school-related travel;
                    ``(B) a school travel safety index capable of 
                measuring both the mode share and crash history for 
                school-related travel at the national, State, and local 
                levels; and
                    ``(C) such additional research as the Secretary 
                determines will advance the safe routes to school 
                program.
            ``(3) School siting.--The Secretary shall assemble a 
        working group composed of representatives of the Department of 
        Transportation, the Department of Health and Human Services, 
        the Department of Education, the Centers for Disease Control 
        and Prevention, the Environmental Protection Agency, States, 
        and stakeholder groups (including nonprofit organizations and 
        schools)--
                    ``(A) to examine the complex issue of school siting 
                (including the impact of school siting on levels of 
                walking and bicycling to school); and
                    ``(B) to develop and annually update 
                recommendations, strategies, and best practices to 
                assist States and local governments in making decisions 
                about siting schools.
    ``(l) Funding.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), 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, except to the extent that the Secretary determines that 
        any requirement of that title (other than section 113 of that 
        title) is not consistent with the objectives of this section.
            ``(2) Availability.--Funds made available to carry out this 
        section--
                    ``(A) shall not be transferable;
                    ``(B) shall remain available for obligation for a 
                period of 3 years beginning on the date on which the 
                funds are made available; and
                    ``(C) if allowed by a State to expire, shall be 
                redistributed by the Secretary among States that 
                obligated funds made available to the States during the 
                2-year period beginning on the date on which the funds 
                were made available to the States.
            ``(3) Federal share.--
                    ``(A) In general.--The Federal share of the cost of 
                a project or activity carried out with funds made 
                available under this section shall be 100 percent.
                    ``(B) Other funds.--
                            ``(i) In general.--A State or other 
                        eligible recipient of funds under this section 
                        may elect to contribute other funds to a safe 
                        routes to school project.
                            ``(ii) Disadvantaged schools and higher-
                        risk areas.--If a State elects to consider 
                        supplemental funds as part of the application 
                        of an eligible recipient for a grant from funds 
                        made available under this section, the State 
                        shall ensure that disadvantaged schools and 
                        schools in areas with higher risks of death and 
                        injury to child pedestrians and cyclists are 
                        not at a competitive disadvantage in the 
                        selection process.''.
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