II 

117TH CONGRESS 

1ST SESSION S. 684 

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 10, 2021 

Mr. MARKEY (for himself, Mr. SULLIVAN, and Mr. VAN HOLLEN) 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. 

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: 


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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, 


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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.—Subject to the availability of ap18 propriations, the Secretary shall carry out an active trans19 portation infrastructure investment program to make 

20 grants, on a competitive basis, to eligible organizations to 

21 construct eligible projects to provide safe and connected 

22 active transportation facilities in an active transportation 

23 network or active transportation spine. 

24 (b) APPLICATION.— 


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

2 grant under this section, an eligible organization 

3 shall submit to the Secretary an application in such 

4 manner and containing such information as the Sec5 retary may require. 

6 (2) ELIGIBLE PROJECTS PARTIALLY ON FED7 ERAL LAND.—With respect to an application for an 

8 eligible project that is located in part on Federal 

9 land, an eligible organization shall enter into a coop10 erative agreement with the appropriate Federal 

11 agency with jurisdiction over such land to submit an 

12 application described in paragraph (1). 

13 (c) APPLICATION CONSIDERATIONS.—In making a 

14 grant for construction of an active transportation network 

15 or active transportation spine under this section, the Sec16 retary shall consider the following: 

17 (1) Whether the eligible organization submitted 

18 a plan for an eligible project for the development of 

19 walking and bicycling infrastructure that is likely to 

20 provide substantial additional opportunities for walk21 ing and bicycling, including effective plans— 

22 (A) to create an active transportation net23 work connecting destinations within or between 

24 communities, including schools, workplaces, 

25 residences, businesses, recreation areas, and 


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1 other community areas, or create an active 

2 transportation spine connecting two or more 

3 communities, metropolitan regions, or States; 

4 and 

5 (B) to integrate active transportation fa6 cilities with transit services, where available, to 

7 improve access to public transportation. 

8 (2) Whether the eligible organization dem9 onstrates broad community support through— 

10 (A) the use of public input in the develop11 ment of transportation plans; and 

12 (B) the commitment of community leaders 

13 to the success and timely implementation of an 

14 eligible project. 

15 (3) Whether the eligible organization provides 

16 evidence of commitment to traffic safety, regula17 tions, financial incentives, or community design poli18 cies that facilitate significant increases in walking 

19 and bicycling. 

20 (4) The extent to which the eligible organiza21 tion demonstrates commitment of State, local, or eli22 gible Federal matching funds, and land or in-kind 

23 contributions, in addition to the local match required 

24 under subsection (f)(1), unless the applicant quali25 fies for an exception under subsection (f)(2). 


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1 (5) The extent to which the eligible organiza2 tion demonstrates that the grant will address exist3 ing disparities in bicyclist and pedestrian fatality 

4 rates based on race or income level or provide access 

5 to jobs and services for low-income communities and 

6 communities of color. 

7 (6) Whether the eligible organization dem8 onstrates how investment in active transportation 

9 will advance safety for pedestrians and cyclists, ac10 cessibility to jobs and key destinations, economic 

11 competitiveness, environmental protection, and qual12 ity of life. 

13 (d) USE OF FUNDS.— 

14 (1) IN GENERAL.—Of the amounts made avail15 able to carry out this section and subject to para16 graphs (2) and (3), the Secretary shall obligate— 

17 (A) not less than 30 percent to eligible 

18 projects that construct active transportation 

19 networks that connect people with public trans20 portation, businesses, workplaces, schools, resi21 dences, recreation areas, and other community 

22 activity centers; and 

23 (B) not less than 30 percent to eligible 

24 projects that construct active transportation 

25 spines. 


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1 (2) PLANNING AND DESIGN GRANTS.—Each fis2 cal year, the Secretary shall set aside not less than 

3 $3,000,000 of the funds made available to carry out 

4 this section to provide planning grants for eligible 

5 organizations to develop plans for active transpor6 tation networks and active transportation spines. 

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

8 the Secretary shall set aside not more than 

9 $2,000,000 of the funds made available to carry out 

10 this section to cover the costs of administration, re11 search, technical assistance, communications, and 

12 training activities under the program. 

13 (4) LIMITATION ON STATUTORY CONSTRUC14 TION.—Nothing in this subsection prohibits an eligi15 ble organization from receiving research or other 

16 funds under title 23 or 49, United States Code. 

17 (e) GRANT TIMING.— 

18 (1) REQUEST FOR APPLICATION.—Not later 

19 than 30 days after funds are made available to carry 

20 out this section for a fiscal year, the Secretary shall 

21 publish in the Federal Register a request for appli22 cations for grants under this section for that fiscal 

23 year. 

24 (2) SELECTION OF GRANT RECIPIENTS.—Not 

25 later than 150 days after funds are made available 


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1 to carry out this section for a fiscal year, the Sec2 retary shall select grant recipients of grants under 

3 this section for that fiscal year. 

4 (f) FEDERAL SHARE.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Federal share of the cost of an eligi7 ble project carried out using a grant under this sec8 tion shall not exceed 80 percent of the total project 

9 cost. 

10 (2) EXCEPTION FOR DISADVANTAGED COMMU11 NITIES.—For eligible projects serving communities 

12 with a poverty rate of over 40 percent based on the 

13 majority of census tracts served by the eligible 

14 project, the Secretary may increase the Federal 

15 share of the cost of the eligible project up to 100 

16 percent of the total project cost. 

17 (g) ASSISTANCE TO INDIAN TRIBES.—In carrying 

18 out this section, the Secretary may enter into grant agree19 ments, self-determination contracts, and self-governance 

20 compacts under the Indian Self-Determination and Edu21 cation Assistance Act (25 U.S.C. 5301 et seq.) with Indian 

22 tribes that are eligible organizations, and such agree23 ments, contracts, and compacts shall be administered in 

24 accordance with that Act. 

25 (h) REPORTS.— 


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1 (1) INTERIM REPORT.—Not later than Sep2 tember 30, 2024, the Secretary shall submit to Con3 gress a report containing the information described 

4 in paragraph (3). 

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

6 30, 2026, the Secretary shall submit to Congress a 

7 report containing the information described in para8 graph (3). 

9 (3) REPORT INFORMATION.—A report sub10 mitted under this subsection shall contain the fol11 lowing, with respect to the period covered by the ap12 plicable report: 

13 (A) A list of grants made under this sec14 tion. 

15 (B) Best practices of eligible organizations 

16 that receive grants under this section in imple17 menting eligible projects. 

18 (C) Impediments experienced by eligible 

19 organizations that receive grants under this sec20 tion in developing and shifting to active trans21 portation. 

22 (i) 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, 


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1 and other best practices to facilitate productive and timely 

2 expenditures for eligible projects that are small, low-im3 pact, and constructed within an existing built environ4 ment. 

5 (j) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—There is authorized to be 

7 appropriated to the Secretary to carry out this sec8 tion $500,000,000 for each of fiscal years 2022 

9 through 2026. 

10 (2) AVAILABILITY.—The amounts made avail11 able to carry out this section shall remain available 

12 until expended. 

13 (k) DEFINITIONS.—In this Act: 

14 (1) ACTIVE TRANSPORTATION.—The term ‘‘ac15 tive transportation’’ means mobility options powered 

16 primarily by human energy, including bicycling and 

17 walking. 

18 (2) ACTIVE TRANSPORTATION NETWORK.—The 

19 term ‘‘active transportation network’’ means facili20 ties built for active transportation, including side21 walks, bikeways, and pedestrian and bicycle trails, 

22 that connect between destinations within a commu23 nity or metropolitan region. 

24 (3) ACTIVE TRANSPORTATION SPINE.—The 

25 term ‘‘active transportation spine’’ means facilities 


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1 built for active transportation, including sidewalks, 

2 bikeways, and pedestrian and bicycle trails that con3 nect between communities, metropolitan regions, or 

4 States. 

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

6 means a geographic area that is socioeconomically 

7 interdependent and may include rural, suburban, 

8 and urban jurisdictions. 

9 (5) ELIGIBLE ORGANIZATION.—The term ‘‘eligi10 ble organization’’ means— 

11 (A) a local or regional governmental orga12 nization, including a metropolitan planning or13 ganization or regional planning organization or 

14 council; 

15 (B) a multicounty special district; 

16 (C) a State; 

17 (D) a multistate group of governments; or 

18 (E) an Indian tribe. 

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

20 project’’ means an active transportation project or 

21 group of projects— 

22 (A) within or between a community or 

23 group of communities, at least one of which 

24 falls within the jurisdiction of an eligible orgaVerDate Sep 11 2014 01:46 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S684.IS S684

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1 nization, which has submitted an application 

2 under this section; and 

3 (B) that has— 

4 (i) a total cost of not less than 

5 $15,000,000; or 

6 (ii) with respect to planning and de7 sign grants, planning and design costs of 

8 not less than $100,000. 

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

10 has the meaning given the term in section 4 of the 

11 Indian Self-Determination and Education Assistance 

12 Act (25 U.S.C. 5304). 

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

14 the Secretary of Transportation. 

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

16 project cost’’ means the sum total of all costs in17 curred in the development of an eligible project that 

18 are approved by the Secretary as reasonable and 

19 necessary, including— 

20 (A) the cost of acquiring real property; 

21 (B) the cost of site preparation, demoli22 tion, and development; 

23 (C) expenses related to the issuance of 

24 bonds or notes; 


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1 (D) fees in connection with the planning, 

2 execution, and financing of the eligible project; 

3 (E) the cost of studies, surveys, plans, per4 mits, insurance, interest, financing, tax, and as5 sessments; 

6 (F) the cost of construction, rehabilitation, 

7 reconstruction, and equipping the eligible 

8 project; 

9 (G) the cost of land improvements; 

10 (H) contractor fees; 

11 (I) the cost of training and education re12 lated to the safety of users of any bicycle or pe13 destrian network or spine constructed as part of 

14 an eligible project; and 

15 (J) any other cost that the Secretary de16 termines is necessary and reasonable. 

Æ 


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