I 

116TH CONGRESS 

2D SESSION H. R. 5696 

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 HOUSE OF REPRESENTATIVES 

JANUARY 28, 2020 

Mr. PAPPAS (for himself, Mr. LIPINSKI, and Mr. HUFFMAN) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Connecting America’s 

5 Active Transportation System Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 5696 IH

1 (1) Nearly half of the trips taken in the United 

2 States are within a 20-minute bicycle ride, and near3 ly a quarter of such trips are within a 20-minute 

4 walk. 

5 (2) Approximately 90 percent of public trans6 portation trips are accessible by walking or bicycling. 

7 (3) Communities that invest in active transpor8 tation infrastructure experience significant increases 

9 in bicycling and walking rates over time, and such 

10 investments are in strong demand because they lead 

11 to a higher quality of life, better health, a stronger 

12 economy, and increased mobility in communities 

13 where investments are made. 

14 (4) The communities that perform best in en15 couraging active transportation create inter16 connected systems that make it convenient and safe 

17 to travel on foot or by bicycle to destinations on a 

18 routine basis. 

19 (5) Achieving a mode shift to active transpor20 tation within a community requires intensive, con21 centrated funding of active transportation systems 

22 rather than discrete, piecemeal projects. 

23 (6) Increased use of active transportation re24 duces traffic congestion, greenhouse gas emissions, 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 5696 IH

1 vehicle miles traveled, and rates of obesity and 

2 chronic disease associated with physical inactivity. 

3 (7) Given the contribution that active transpor4 tation makes to national policy goals, and the oppor5 tunity active transportation provides to accommo6 date short trips at the least cost to the public and 

7 individuals, funding of active transportation is one 

8 of the most strategic and cost effective Federal 

9 transportation investments available. 

10 (8) The Federal Government is uniquely quali11 fied to facilitate interstate connections necessary to 

12 build long distance active transportation spines and 

13 regional connections in communities that span State 

14 boundaries. 

15 SEC. 3. ACTIVE TRANSPORTATION INFRASTRUCTURE IN16 VESTMENT PROGRAM. 

17 (a) IN GENERAL.—The Secretary shall carry out an 

18 active transportation infrastructure investment program 

19 to make grants, on a competitive basis, to eligible organi20 zations to construct eligible projects to provide safe and 

21 connected active transportation facilities in an active 

22 transportation network or active transportation spine. 

23 (b) APPLICATION.— 

24 (1) IN GENERAL.—To be eligible to receive a 

25 grant under this section, an eligible organization 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 5696 IH

1 shall submit to the Secretary an application in such 

2 manner and containing such information as the Sec3 retary may require. 

4 (2) ELIGIBLE PROJECTS PARTIALLY ON FED5 ERAL LAND.—With respect to an application for an 

6 eligible project that is located in part on Federal 

7 lands, an eligible organization shall enter into a co8 operative agreement with the appropriate Federal 

9 agency with jurisdiction over such land to submit an 

10 application described in paragraph (1). 

11 (c) APPLICATION CONSIDERATIONS.—In making a 

12 grant for construction of an active transportation network 

13 or active transportation spine under this section, the Sec14 retary shall consider the following: 

15 (1) Whether the eligible organization submitted 

16 a plan for an eligible project for the development of 

17 walking and bicycling infrastructure that is likely to 

18 provide substantial additional opportunities for walk19 ing and bicycling, including effective plans to— 

20 (A) create an active transportation net21 work connecting destinations within or between 

22 communities, including schools, workplaces, 

23 residences, businesses, recreation areas, and 

24 other community areas, or create an active 

25 transportation spine connecting two or more 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 5696 IH

1 communities, metropolitan regions, or States; 

2 and 

3 (B) integrate active transportation facili4 ties with transit services, where available, to im5 prove access to public transportation. 

6 (2) Whether the eligible organization dem7 onstrates broad community support through— 

8 (A) the use of public input in the develop9 ment of transportation plans; and 

10 (B) the commitment of community leaders 

11 to the success and timely implementation of an 

12 eligible project. 

13 (3) Whether the eligible organization provides 

14 evidence of commitment to traffic safety, regula15 tions, financial incentives, or community design poli16 cies that facilitate significant increases in walking 

17 and bicycling. 

18 (4) The extent to which the eligible organiza19 tion demonstrates commitment of State, local, or eli20 gible Federal matching funds, and land or in-kind 

21 contributions, in addition to the local match required 

22 under subsection (f)(1), unless the applicant quali23 fies for an exception under subsection (f)(2). 

24 (5) The extent to which the eligible organiza25 tion demonstrates that the grant will address existVerDate Sep 11 2014 21:36 Jan 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5696.IH H5696

pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 5696 IH

1 ing disparities in bicyclist and pedestrian fatality 

2 rates based on race or income level or provide access 

3 to jobs and services for low-income communities and 

4 communities of color. 

5 (6) Whether the eligible organization dem6 onstrates how investment in active transportation 

7 will advance safety for pedestrians and cyclists, ac8 cessibility to jobs and key destinations, economic 

9 competitiveness, environmental protection, and qual10 ity of life. 

11 (d) USE OF FUNDS.— 

12 (1) IN GENERAL.—Of the amounts made avail13 able to carry out this section and except as provided 

14 in paragraph (2), the Secretary shall obligate— 

15 (A) not less than 30 percent to eligible 

16 projects that construct active transportation 

17 networks that connect people with public trans18 portation, businesses, workplaces, schools, resi19 dences, recreation areas, and other community 

20 activity centers; and 

21 (B) not less than 30 percent to eligible 

22 projects that construct active transportation 

23 spines. 

24 (2) PLANNING AND DESIGN GRANTS.—Each fis25 cal year, the Secretary shall set aside not less than 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 5696 IH

1 $3,000,000 from the funds made available to carry 

2 out this section to provide planning grants for eligi3 ble organizations to develop plans for active trans4 portation networks and active transportation spines. 

5 (3) ADMINISTRATIVE COSTS.—Each fiscal year, 

6 the Secretary shall set aside not more than 

7 $2,000,000 of the funds made available to carry out 

8 this section to cover the costs of administration, re9 search, technical assistance, communications, and 

10 training activities under the program. 

11 (4) LIMITATION ON STATUTORY CONSTRUC12 TION.—Nothing in this subsection shall be construed 

13 to prohibit an eligible organization from receiving re14 search or other funds under titles 23 or 49, United 

15 States Code. 

16 (e) GRANT TIMING.— 

17 (1) REQUEST FOR APPLICATION.—Not later 

18 than 30 days after funds are made available to carry 

19 out this section, the Secretary shall publish in the 

20 Federal Register a request for applications for 

21 grants under this section. 

22 (2) SELECTION OF GRANT RECIPIENTS.—Not 

23 later than 150 days after funds are made available 

24 to carry out this section, the Secretary shall select 

25 grant recipients for grants under this section. 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 5696 IH

1 (f) FEDERAL SHARE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the Federal share of a grant under this 

4 section shall not exceed 80 percent of the total 

5 project cost. 

6 (2) EXCEPTION FOR DISADVANTAGED COMMU7 NITIES.—For projects serving communities with a 

8 poverty rate of over 40 percent based on the major9 ity of census tracts served by such project, the Sec10 retary may increase the Federal share of a grant 

11 under this section up to 100 percent of the total 

12 project cost. 

13 (g) CONTRACT AUTHORITY.—Funds made available 

14 to carry out this section shall be available for obligation 

15 and administered in the same manner as if such funds 

16 were apportioned under chapter 1 of title 23, United 

17 States Code, except that the funds shall remain available 

18 until expended and shall not be transferrable. 

19 (h) ASSISTANCE TO INDIAN TRIBES.—In carrying 

20 out this section, the Secretary may enter into grant agree21 ments, self determination contracts and self-governance 

22 compacts under the Indian Self-Determination and Edu23 cation Assistance Act (25 U.S.C. 5301 et seq.) with eligi24 ble Indian tribes and such agreements, contracts, and 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 5696 IH

1 compacts shall be administered in accordance with such 

2 Act. 

3 (i) REPORTS.— 

4 (1) INTERIM REPORT.—Not later than Sep5 tember 30, 2023, the Secretary shall submit to Con6 gress a report containing the information described 

7 in paragraph (3). 

8 (2) FINAL REPORT.—Not later than September 

9 30, 2025, the Secretary shall submit to Congress a 

10 report containing the information described in para11 graph (3). 

12 (3) REPORT INFORMATION.—A report sub13 mitted under this subsection shall contain the fol14 lowing: 

15 (A) A list of grants made under this sec16 tion. 

17 (B) Best practices of recipients in imple18 menting active transportation projects. 

19 (C) Impediments experienced by recipients 

20 of grants under this section in developing and 

21 shifting to active transportation. 

22 (j) RULE REQUIRED.—Not later than 1 year after 

23 the date of enactment of this Act, the Secretary shall issue 

24 a final rule that encourages the use of the programmatic 

25 categorical exclusion, expedited procurement techniques, 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 5696 IH

1 and other best practices to facilitate productive and timely 

2 expenditures for projects that are small, low impact, and 

3 constructed within an existing built environment. 

4 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated out of the Highway Trust 

6 Fund (other than the Mass Transit Account) 

7 $500,000,000 for each of fiscal years 2020 through 2024 

8 to carry out this section. 

9 (l) DEFINITIONS.—In this Act: 

10 (1) ACTIVE TRANSPORTATION.—The term ‘‘ac11 tive transportation’’ means mobility options powered 

12 primarily by human energy, including bicycling and 

13 walking. 

14 (2) ACTIVE TRANSPORTATION NETWORK.—The 

15 term ‘‘active transportation network’’ means facili16 ties built for active transportation, including side17 walks, bikeways, and pedestrian and bicycle trails, 

18 that connect between destinations within a commu19 nity or metropolitan region. 

20 (3) ACTIVE TRANSPORTATION SPINE.—The 

21 term ‘‘active transportation spine’’ means facilities 

22 built for active transportation, including sidewalks, 

23 bikeways, and pedestrian and bicycle trails that con24 nect between communities, metropolitan regions, or 

25 States. 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 5696 IH

1 (4) COMMUNITY.—The term ‘‘community’’ 

2 means a geographic area that is socioeconomically 

3 interdependent and may include rural, suburban, 

4 and urban jurisdictions. 

5 (5) ELIGIBLE ORGANIZATION.—The term ‘‘eligi6 ble organization’’ means— 

7 (A) a local or regional governmental orga8 nization, including a metropolitan planning or9 ganization or regional planning organization or 

10 council; 

11 (B) a multi-county special district; 

12 (C) a State; 

13 (D) a multi-state group of governments; or 

14 (E) an Indian tribe. 

15 (6) ELIGIBLE PROJECT.—The term ‘‘eligible 

16 project’’ means an active transportation project or 

17 group of projects— 

18 (A) within or between a community or 

19 group of communities, at least one of which 

20 falls within the jurisdiction of an eligible orga21 nization, which has submitted an application 

22 under this section; and 

23 (B) that has— 

24 (i) a total cost of not less than 

25 $15,000,000; or 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 5696 IH

1 (ii) with respect to planning and de2 sign grants, planning and design costs of 

3 not less than $100,000. 

4 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

5 has the meaning given the term in section 4(e) of 

6 the Indian Self-Determination and Education Assist7 ance Act (25 U.S.C. 5304(e)). 

8 (8) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Transportation. 

10 (9) TOTAL PROJECT COST.—The term ‘‘total 

11 project cost’’ means the sum total of all costs in12 curred in the development of a project that are ap13 proved by the Secretary as reasonable and nec14 essary, including— 

15 (A) the cost of acquiring real property; 

16 (B) the cost of site preparation, demoli17 tion, and development; 

18 (C) expenses related to the issuance of 

19 bonds or notes; 

20 (D) fees in connection with the planning, 

21 execution, and financing of the project; 

22 (E) the cost of studies, surveys, plans, per23 mits, insurance, interest, financing, tax, and as24 sessment costs; 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 5696 IH

1 (F) the cost of construction, rehabilitation, 

2 reconstruction, and equipping the project; 

3 (G) the cost of land improvements; 

4 (H) contractor fees; 

5 (I) the cost of training and education re6 lated to the safety of users of any bicycle or pe7 destrian network or spine constructed as part of 

8 an eligible project; and 

9 (J) any other cost that the Secretary de10 termines is necessary and reasonable. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS