[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3391 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3391

   To direct the Secretary of Transportation to carry out an active 
transportation investment program to make grants to eligible applicants 
to build safe and connected options for bicycles and walkers within and 
              between communities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2020

 Mr. Markey (for himself, Mr. Van Hollen, Mr. Blumenthal, Ms. Harris, 
 and Mr. Sanders) introduced the following bill; which was read twice 
     and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Transportation to carry out an active 
transportation investment program to make grants to eligible applicants 
to build safe and connected options for bicycles and walkers within and 
              between communities, 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 ``Connecting America's Active 
Transportation System Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Nearly half of the trips taken in the United States are 
        within a 20-minute bicycle ride, and nearly a quarter of such 
        trips are within a 20-minute walk.
            (2) Approximately 90 percent of public transportation trips 
        are accessible by walking or bicycling.
            (3) Communities that invest in active transportation 
        infrastructure experience significant increases in bicycling 
        and walking rates over time, and such investments are in strong 
        demand because they lead to a higher quality of life, better 
        health, a stronger economy, and increased mobility in 
        communities where investments are made.
            (4) The communities that perform best in encouraging active 
        transportation create interconnected systems that make it 
        convenient and safe to travel on foot or by bicycle to 
        destinations on a routine basis.
            (5) Achieving a mode shift to active transportation within 
        a community requires intensive, concentrated funding of active 
        transportation systems rather than discrete, piecemeal 
        projects.
            (6) Increased use of active transportation reduces traffic 
        congestion, greenhouse gas emissions, vehicle miles traveled, 
        and rates of obesity and chronic disease associated with 
        physical inactivity.
            (7) Given the contribution that active transportation makes 
        to national policy goals, and the opportunity active 
        transportation provides to accommodate short trips at the least 
        cost to the public and individuals, funding of active 
        transportation is one of the most strategic and cost effective 
        Federal transportation investments available.
            (8) The Federal Government is uniquely qualified to 
        facilitate interstate connections necessary to build long 
        distance active transportation spines and regional connections 
        in communities that span State boundaries.

SEC. 3. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM.

    (a) In General.--The Secretary shall carry out an active 
transportation infrastructure investment program to make grants, on a 
competitive basis, to eligible organizations to construct eligible 
projects to provide safe and connected active transportation facilities 
in an active transportation network or active transportation spine.
    (b) Application.--
            (1) In general.--To be eligible to receive a grant under 
        this section, an eligible organization shall submit to the 
        Secretary an application in such manner and containing such 
        information as the Secretary may require.
            (2) Eligible projects partially on federal land.--With 
        respect to an application for an eligible project that is 
        located in part on Federal lands, an eligible organization 
        shall enter into a cooperative agreement with the appropriate 
        Federal agency with jurisdiction over such land to submit an 
        application described in paragraph (1).
    (c) Application Considerations.--In making a grant for construction 
of an active transportation network or active transportation spine 
under this section, the Secretary shall consider the following:
            (1) Whether the eligible organization submitted a plan for 
        an eligible project for the development of walking and 
        bicycling infrastructure that is likely to provide substantial 
        additional opportunities for walking and bicycling, including 
        effective plans to--
                    (A) create an active transportation network 
                connecting destinations within or between communities, 
                including schools, workplaces, residences, businesses, 
                recreation areas, and other community areas, or create 
                an active transportation spine connecting two or more 
                communities, metropolitan regions, or States; and
                    (B) integrate active transportation facilities with 
                transit services, where available, to improve access to 
                public transportation.
            (2) Whether the eligible organization demonstrates broad 
        community support through--
                    (A) the use of public input in the development of 
                transportation plans; and
                    (B) the commitment of community leaders to the 
                success and timely implementation of an eligible 
                project.
            (3) Whether the eligible organization provides evidence of 
        commitment to traffic safety, regulations, financial 
        incentives, or community design policies that facilitate 
        significant increases in walking and bicycling.
            (4) The extent to which the eligible organization 
        demonstrates commitment of State, local, or eligible Federal 
        matching funds, and land or in-kind contributions, in addition 
        to the local match required under subsection (f)(1), unless the 
        applicant qualifies for an exception under subsection (f)(2).
            (5) The extent to which the eligible organization 
        demonstrates that the grant will address existing disparities 
        in bicyclist and pedestrian fatality rates based on race or 
        income level or provide access to jobs and services for low-
        income communities and communities of color.
            (6) Whether the eligible organization demonstrates how 
        investment in active transportation will advance safety for 
        pedestrians and cyclists, accessibility to jobs and key 
        destinations, economic competitiveness, environmental 
        protection, and quality of life.
    (d) Use of Funds.--
            (1) In general.--Of the amounts made available to carry out 
        this section and except as provided in paragraph (2), the 
        Secretary shall obligate--
                    (A) not less than 30 percent to eligible projects 
                that construct active transportation networks that 
                connect people with public transportation, businesses, 
                workplaces, schools, residences, recreation areas, and 
                other community activity centers; and
                    (B) not less than 30 percent to eligible projects 
                that construct active transportation spines.
            (2) Planning and design grants.--Each fiscal year, the 
        Secretary shall set aside not less than $3,000,000 from the 
        funds made available to carry out this section to provide 
        planning grants for eligible organizations to develop plans for 
        active transportation networks and active transportation 
        spines.
            (3) Administrative costs.--Each fiscal year, the Secretary 
        shall set aside not more than $2,000,000 of the funds made 
        available to carry out this section to cover the costs of 
        administration, research, technical assistance, communications, 
        and training activities under the program.
            (4) Limitation on statutory construction.--Nothing in this 
        subsection shall be construed to prohibit an eligible 
        organization from receiving research or other funds under 
        titles 23 or 49, United States Code.
    (e) Grant Timing.--
            (1) Request for application.--Not later than 30 days after 
        funds are made available to carry out this section, the 
        Secretary shall publish in the Federal Register a request for 
        applications for grants under this section.
            (2) Selection of grant recipients.--Not later than 150 days 
        after funds are made available to carry out this section, the 
        Secretary shall select grant recipients for grants under this 
        section.
    (f) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of a grant under this section shall not exceed 80 
        percent of the total project cost.
            (2) Exception for disadvantaged communities.--For projects 
        serving communities with a poverty rate of over 40 percent 
        based on the majority of census tracts served by such project, 
        the Secretary may increase the Federal share of a grant under 
        this section up to 100 percent of the total project cost.
    (g) Contract Authority.--Funds made available to carry out this 
section shall be available for obligation and administered in the same 
manner as if such funds were apportioned under chapter 1 of title 23, 
United States Code, except that the funds shall remain available until 
expended and shall not be transferrable.
    (h) Assistance to Indian Tribes.--In carrying out this section, the 
Secretary may enter into grant agreements, self determination contracts 
and self-governance compacts under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5301 et seq.) with eligible Indian 
tribes and such agreements, contracts, and compacts shall be 
administered in accordance with such Act.
    (i) Reports.--
            (1) Interim report.--Not later than September 30, 2023, the 
        Secretary shall submit to Congress a report containing the 
        information described in paragraph (3).
            (2) Final report.--Not later than September 30, 2025, the 
        Secretary shall submit to Congress a report containing the 
        information described in paragraph (3).
            (3) Report information.--A report submitted under this 
        subsection shall contain the following:
                    (A) A list of grants made under this section.
                    (B) Best practices of recipients in implementing 
                active transportation projects.
                    (C) Impediments experienced by recipients of grants 
                under this section in developing and shifting to active 
                transportation.
    (j) Rule Required.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall issue a final rule that 
encourages the use of the programmatic categorical exclusion, expedited 
procurement techniques, and other best practices to facilitate 
productive and timely expenditures for projects that are small, low 
impact, and constructed within an existing built environment.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) $500,000,000 for each of fiscal years 2020 through 2024 to 
carry out this section.
    (l) Definitions.--In this Act:
            (1) Active transportation.--The term ``active 
        transportation'' means mobility options powered primarily by 
        human energy, including bicycling and walking.
            (2) Active transportation network.--The term ``active 
        transportation network'' means facilities built for active 
        transportation, including sidewalks, bikeways, and pedestrian 
        and bicycle trails, that connect between destinations within a 
        community or metropolitan region.
            (3) Active transportation spine.--The term ``active 
        transportation spine'' means facilities built for active 
        transportation, including sidewalks, bikeways, and pedestrian 
        and bicycle trails that connect between communities, 
        metropolitan regions, or States.
            (4) Community.--The term ``community'' means a geographic 
        area that is socioeconomically interdependent and may include 
        rural, suburban, and urban jurisdictions.
            (5) Eligible organization.--The term ``eligible 
        organization'' means--
                    (A) a local or regional governmental organization, 
                including a metropolitan planning organization or 
                regional planning organization or council;
                    (B) a multi-county special district;
                    (C) a State;
                    (D) a multi-State group of governments; or
                    (E) an Indian tribe.
            (6) Eligible project.--The term ``eligible project'' means 
        an active transportation project or group of projects--
                    (A) within or between a community or group of 
                communities, at least one of which falls within the 
                jurisdiction of an eligible organization, which has 
                submitted an application under this section; and
                    (B) that has--
                            (i) a total cost of not less than 
                        $15,000,000; or
                            (ii) with respect to planning and design 
                        grants, planning and design costs of not less 
                        than $100,000.
            (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (9) Total project cost.--The term ``total project cost'' 
        means the sum total of all costs incurred in the development of 
        a project that are approved by the Secretary as reasonable and 
        necessary, including--
                    (A) the cost of acquiring real property;
                    (B) the cost of site preparation, demolition, and 
                development;
                    (C) expenses related to the issuance of bonds or 
                notes;
                    (D) fees in connection with the planning, 
                execution, and financing of the project;
                    (E) the cost of studies, surveys, plans, permits, 
                insurance, interest, financing, tax, and assessment 
                costs;
                    (F) the cost of construction, rehabilitation, 
                reconstruction, and equipping the project;
                    (G) the cost of land improvements;
                    (H) contractor fees;
                    (I) the cost of training and education related to 
                the safety of users of any bicycle or pedestrian 
                network or spine constructed as part of an eligible 
                project; and
                    (J) any other cost that the Secretary determines is 
                necessary and reasonable.
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