[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5231 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5231

 To amend title 23, United States Code, to improve the transportation 
             alternatives program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2019

Mr. Espaillat (for himself and Mr. Larsen of Washington) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to improve the transportation 
             alternatives program, and for other purposes.

    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 ``Transportation Alternatives 
Enhancements Act''.

SEC. 2. TRANSPORTATION ALTERNATIVES PROGRAM.

    (a) Set-Aside.--Section 133(h)(1) of title 23, United States Code, 
is amended--
            (1) in the heading, by striking ``Reservation of funds'' 
        and inserting ``In general''; and
            (2) by striking ``for each fiscal year,'' and all that 
        follows through the end and inserting ``for fiscal year 2021 
        and each fiscal year thereafter, the Secretary shall set aside 
        an amount equal to 10 percent to carry out this subsection.''.
    (b) Allocation.--Section 133(h) of title 23, United States Code, is 
amended by striking paragraph (2) and inserting the following:
            ``(2) Allocation within a state.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), funds set aside for a State under 
                paragraph (1) shall be obligated within that State in 
                the manner described in subsection (d), except that, 
                for purposes of this paragraph (after funds are made 
                available under paragraph (5))--
                            ``(i) for fiscal year 2021 and each fiscal 
                        year thereafter, the percentage referred to in 
                        paragraph (1)(A) of that subsection shall be 
                        deemed to be 66 percent; and
                            ``(ii) paragraph (3) of subsection (d) 
                        shall not apply.
                    ``(B) Local control.--A State may allocate up to 
                100 percent of the funds referred to in subparagraph 
                (A)(i) if--
                            ``(i) the State submits to the Secretary a 
                        plan that describes--
                                    ``(I) how funds will be allocated 
                                to counties, metropolitan planning 
                                organizations, regional transportation 
                                planning organizations as described in 
                                section 135(m), or local governments;
                                    ``(II) how the entities described 
                                in subclause (I) will carry out a 
                                competitive process to select projects 
                                for funding and report selected 
                                projects to the State;
                                    ``(III) how input was gathered from 
                                the entities described in subclause (I) 
                                to ensure those entities are able and 
                                willing to comply with the requirements 
                                of this subsection; and
                                    ``(IV) how the State will comply 
                                with paragraph (8); and
                            ``(ii) the Secretary approves the plan 
                        submitted under clause (i).''.
    (c) Eligible Projects.--Section 133(h)(3) of title 23, United 
States Code, is amended by striking ``reserved'' and inserting ``set 
aside''.
    (d) Eligible Entities.--Section 133(h)(4)(B) of title 23, United 
States Code, is amended--
            (1) by redesignating clauses (vii) and (viii) as clauses 
        (viii) and (ix), respectively;
            (2) by inserting after clause (vi) the following:
                            ``(vii) a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of 200,000 or fewer;'';
            (3) in clause (viii) (as so redesignated), by striking 
        ``responsible'' and all that follows through ``programs''; and
            (4) in clause (ix) (as so redesignated), by inserting 
        ``that serves an urbanized area with a population of over 
        200,000'' after ``metropolitan planning organization''.
    (e) Continuation of Certain Recreational Trails Projects.--Section 
133(h)(5)(A) of title 23, United States Code, is amended by striking 
``reserved under this section'' and inserting ``set aside under this 
subsection''.
    (f) State Flexibility.--Section 133(h)(6) of title 23, United 
States Code, is amended--
            (1) in subparagraph (B), by striking ``reserved'' and 
        inserting ``set aside''; and
            (2) by adding at the end the following:
                    ``(C) Improving accessibility and efficiency.--
                            ``(i) In general.--A State may use an 
                        amount equal to not more than 5 percent of the 
                        funds set aside for the State under this 
                        subsection, after allocating funds in 
                        accordance with paragraph (2)(A), to improve 
                        the ability of applicants to access funding for 
                        projects under this subsection in an efficient 
                        and expeditious manner by--
                                    ``(I) providing to applicants for 
                                projects under this subsection 
                                application assistance, technical 
                                assistance, and assistance in reducing 
                                the period of time between the 
                                selection of the project and the 
                                obligation of funds for the project; 
                                and
                                    ``(II) by providing funding for 1 
                                or more full-time State employee 
                                positions to administer this 
                                subsection.
                            ``(ii) Use of funds.--Amounts used under 
                        clause (i) may be expended--
                                    ``(I) directly by the State; or
                                    ``(II) through contracts with State 
                                agencies, private entities, or 
                                nonprofit entities.''.
    (g) Federal Share.--Section 133(h) of title 23, United States Code, 
is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following:
            ``(7) Federal share.--
                    ``(A) Required aggregate non-federal share.--The 
                average annual non-Federal share of the total cost of 
                all projects for which funds are obligated under this 
                subsection in a State for a fiscal year shall be not 
                less than the non-Federal share authorized for the 
                State under section 120(b).
                    ``(B) Flexible financing.--Subject to subparagraph 
                (A), notwithstanding section 120--
                            ``(i) funds made available to carry out 
                        section 148 may be credited toward the non-
                        Federal share of the costs of a project under 
                        this subsection if the project--
                                    ``(I) is an eligible project 
                                described in section 148(e)(1); and
                                    ``(II) contributes to the annual 
                                safety performance targets of the 
                                State;
                            ``(ii) the non-Federal share for a project 
                        under this subsection may be calculated on a 
                        project, multiple-project, or program basis; 
                        and
                            ``(iii) the Federal share of the cost of an 
                        individual project in this section may be up to 
                        100 percent.''.
    (h) State Transferability.--Section 126(b)(2) of title 23, United 
States Code, is amended by striking the period at the end of (2) and 
inserting: ``and may only be transferred if the Secretary certifies 
that the State--
            ``(1) held a competition in compliance with the guidance on 
        Section 133(h) with sufficient time for applicants to apply;
            ``(2) offered technical assistance to all eligible entities 
        and provided it to those who requested it; and
            ``(3) can demonstrate that there were not sufficiently 
        suitable applications from eligible entities to use the funds 
        to be transferred.''.
    (i) Improved Transparency.--Paragraph (8)(A) of section 133(h) of 
title 23, United States Code (as so redesignated by subsection (g)), is 
amended by striking clause (ii) and inserting the following:
                            ``(ii) the list of each project selected 
                        for funding for each year, including for each 
                        project the year selected, the fiscal year in 
                        which the project is anticipated to be funded, 
                        the recipient, the location, the type, and a 
                        brief description.''.
    (j) Safe Routes to High Schools.--Section 1404 of SAFETEA-LU (23 
U.S.C. 402 note) is amended--
            (1) in subsection (a) by striking ``primary and middle'' 
        and inserting ``primary, middle, and high''; and
            (2) in subsection (k)(2)--
                    (A) in the heading, by striking ``Primary and 
                middle'' and inserting ``Primary, middle, and high'';
                    (B) by striking ``primary and middle'' and 
                inserting ``primary, middle, and high''; and
                    (C) by striking ``eighth grade'' and inserting 
                ``12th grade''.
    (k) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2020.
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