[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 800 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 800

  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

                             April 12, 2011

  Mr. Harkin (for himself, Mr. Merkley, Mr. Sanders, Mr. Udall of New 
Mexico, Mr. Begich, Mr. Leahy, Mr. Bennet, Mr. Franken, Mr. Carper, Mr. 
 Cardin, Ms. Klobuchar, and Mr. Wyden) 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, $183,000,000 
        for each of fiscal years 2012 through 2016.''.

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) Definitions.--In this section:
            ``(1) Vicinity.--The term `vicinity' means, with respect to 
        a school, the area within bicycling and walking distance of the 
        school (approximately 2 miles).
            ``(2) Low-income school.--The term `low-income school' 
        means a school in which 65 percent or more of students qualify 
        for a free or reduced price lunch under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.).
    ``(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 
        that is less than the greater of--
                    ``(A) an amount equal to 0.5 percent of the amounts 
                made available to carry out this section for the fiscal 
                year; or
                    ``(B) $1,000,000.
            ``(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 5 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 more than 1.5 percent of the amounts for 
                use in carrying out research and evaluation activities 
                under subsection (j).
            ``(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) Eligibility of high schools.--A project that proposes 
        to serve a high school shall be eligible to be carried out 
        using amounts apportioned to a State under this section only if 
        a portion of the project would also serve or benefit an 
        elementary or middle school, as determined by the department of 
        transportation of the State.
            ``(5) Equitable distribution.--
                    ``(A) In general.--Each State that receives an 
                apportionment under this section shall, beginning with 
                the first fiscal year after the initial distribution of 
                funds under this section, carry out an assessment of 
                the economic and geographical distribution of funding 
                during previous fiscal years in accordance with this 
                paragraph to ensure that low-income schools are 
                adequately able to access funds available under this 
                section.
                    ``(B) Analysis.--
                            ``(i) In general.--Not later than 120 days 
                        after the date of enactment of this paragraph, 
                        and for every application cycle thereafter, 
                        each State shall conduct an analysis of, and 
                        submit to the Secretary a report that 
                        describes, for the application cycle covered by 
                        the report and for all preceding application 
                        cycles--
                                    ``(I) the percentage of low-income 
                                schools within the State;
                                    ``(II) the percentage of 
                                applications for funds under this 
                                section that are received from low-
                                income schools;
                                    ``(III) the number of distributions 
                                of funds made under this section, 
                                expressed as a percentage of the total 
                                number of applications for those funds 
                                that were received;
                                    ``(IV) the amount of funds provided 
                                under this section to low-income 
                                schools; and
                                    ``(V) the geographical distribution 
                                of the amounts provided under this 
                                section.
                            ``(ii) Outreach and technical assistance.--
                        If the analysis conducted under clause (i) 
                        reveals that the percentage of low-income 
                        schools in a State that are applying for or 
                        receiving funds under this section is less than 
                        the percentage of schools in the State 
                        comprised of low-income schools, the department 
                        of transportation of the State shall implement 
                        outreach and technical assistance measures to 
                        increase participation in the program under 
                        this section by low-income schools.
                            ``(iii) Monitoring.--The Secretary shall--
                                    ``(I) monitor the compliance of 
                                each State with this paragraph;
                                    ``(II) monitor the progress of each 
                                State in increasing participation by 
                                low-income schools in the program under 
                                this section; and
                                    ``(III) direct the clearinghouse 
                                described in subsection (h)(1) to 
                                provide States best practices, 
                                technical assistance, and support in 
                                serving low-income schools.
            ``(6) 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.
    ``(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; and
                    ``(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.
            ``(2) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative expenses 
        under subsection (d)(4)(A).
    ``(i) Treatment of Projects.--
            ``(1) Noninfrastructure projects.--A noninfrastructure 
        project, a planning project that does not involve or lead 
        directly to construction, or the placement of equipment, such 
        as a mobile speed trailer that does not require any 
        construction, shall not be considered to be a project on a 
        Federal-aid system for the purposes of this chapter.
            ``(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 (without waiving section 113) 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.
    ``(j) 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; and
                    ``(B) such additional research as the Secretary 
                determines will advance the safe routes to school 
                program.
    ``(k) 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) Low-income 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 low-income 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.''.
                                 <all>