I 

108TH CONGRESS 

1ST SESSION H. R. 2568

To amend title 23, United States Code, to establish a transportation and 

active living program, a safe routes to school program, and a nonmotorized transportation pilot program. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2003

Mr. OBERSTAR (for himself, Mr. BLUMENAUER, Mr. HOBSON, Mr. LIPINSKI, 

Ms. NORTON, Mr. PASCRELL, Mr. LAMPSON, Mr. HONDA, Mr. FROST, 

Mr. SERRANO, Mr. MORAN of Virginia, Mr. SANDERS, Mr. BROWN of 

Ohio, Ms. WOOLSEY, Mr. DOGGETT, Ms. BALDWIN, Mr. BALLANCE, Mr. 

CASE, and Mr. SCOTT of Georgia) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 

A BILL

To amend title 23, United States Code, to establish a transportation and active living program, a safe routes to 

school program, and a nonmotorized transportation pilot 

program.

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 ‘‘Pedestrian and Cyclist 

5 Equity Act of 2003’’. 
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1 SEC. 2. TRANSPORTATION AND ACTIVE LIVING PROGRAM. 

2 (a) IN GENERAL.—Subchapter I of chapter 1 of title 

3 23, United States Code, is amended by adding at the end 

4 the following: 

5 ‘‘§ 165. Transportation and active living program 

6 ‘‘(a) IN GENERAL.—Subject to the requirements of 

7 this section, the Secretary shall establish and carry out 

8 a transportation and active living program. 

9 ‘‘(b) PURPOSE.—The purpose of the program shall 

10 be to create, enhance, and promote, through changes in 

11 transportation, community design, and architectural poli12 cies and programs, community environments that improve 

13 opportunities for people to be physically active in their 

14 daily lives. 

15 ‘‘(c) GRANTS.—In carrying out the program, the Sec16 retary shall make grants to State, local, and regional agen17 cies, including nonprofit organizations, for eligible activi18 ties. 

19 ‘‘(d) ELIGIBLE ACTIVITIES.—In making grants 

20 under this section, the Secretary may consider initiatives 

21 that—

22 ‘‘(1) adopt community design, land use, and 

23 transportation policies that promote active living or 

24 remove barriers to physical activity, including poli25 cies that—
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1 ‘‘(A) integrate land use and transportation 

2 planning processes to promote nonmotorized 

3 travel choices; 

4 ‘‘(B) incorporate pedestrian- and bicycle5 friendly features into community planning or 

6 legislative initiatives; 

7 ‘‘(C) develop campaigns and provide tech8 nical assistance for safe routes to school; 

9 ‘‘(D) implement commuter choice options 

10 and provide incentives for walking and bicy11 cling; 

12 ‘‘(E) enhance accessibility and mobility ini13 tiatives for people with disabilities; and 

14 ‘‘(F) improve access to transit, parks, and 

15 recreation areas; and 

16 ‘‘(2) implement communications and marketing 

17 strategies to promote physical activity, including 

18 strategies that—

19 ‘‘(A) promote the use of systems and facili20 ties that increase physical activity, such as bike21 ways, trails, parks, and transit; 

22 ‘‘(B) promote awareness and under23 standing of the benefits of environments that 

24 support physical activity; 
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1 ‘‘(C) provide school and workplace edu2 cation about resources to support a physically 

3 active lifestyle; and 

4 ‘‘(D) engage local media and organize peri5 odic events about issues related to physical ac6 tivity. 

7 ‘‘(c) ELIGIBLE APPLICANTS.—

8 ‘‘(1) APPLICATIONS.—A State, local, or regional 

9 agency, including a nonprofit organization, shall be 

10 eligible for a grant under this section if the agency 

11 submits to the Secretary an application in such form 

12 and containing such information as the Secretary 

13 may require. 

14 ‘‘(2) ABILITY OF APPLICANT.—The Secretary 

15 shall require each applicant to demonstrate the abil16 ity to address, as part of ongoing local planning, de17 velopment, and transportation efforts, the needs of 

18 diverse populations for physical activity. 

19 ‘‘(3) PREFERENCE.—The Secretary shall give 

20 preference to applicants that demonstrate inter21 disciplinary alliances, engage governmental entities, 

22 and propose innovative policies, programs, and com23 munications strategies that have the potential to in24 crease access and remove barriers to physical activ25 ity. 
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1 ‘‘(d) USE OF FUNDS.—

2 ‘‘(1) ELIGIBLE USES.—Amounts from grants 

3 under this section may be used for salaries, data col4 lection and analysis, meetings, supplies, and other 

5 direct project expenses, including a limited amount 

6 of essential equipment. 

7 ‘‘(2) PROHIBITED USES.—Amounts from grants 

8 under this section may not be used to construct, re9 construct, or renovate facilities or as a substitute for 

10 funds currently being used to support similar activi11 ties. 

12 ‘‘(e) DISTRIBUTION OF FUNDS.—To ensure a broad 

13 geographical distribution of funds, the total amount 

14 awarded in grants under this section to applicants in any 

15 State may not exceed $1,000,000 for a fiscal year. 

16 ‘‘(f) FEDERAL SHARE.—The Federal share of the 

17 cost of a project funded under this section shall be 100 

18 percent. 

19 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated out of the Highway Trust 

21 Fund (other than the Mass Transit Account) to carry out

22 this section $25,000,000 for each of the fiscal years 2004 

23 through 2009. 
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1 ‘‘(h) PERIOD OF AVAILABILITY.—Notwithstanding 

2 section 118(b)(2), amounts allocated under this section 

3 shall remain available until expended.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 chapter 1 of title 23, United States Code, is amended by 

6 inserting after the item relating to section 164 the fol7 lowing:

‘‘165. Transportation and active living program.’’.

8 SEC. 3. SAFE ROUTES TO SCHOOL PROGRAM. 

9 (a) IN GENERAL.—Subchapter I of chapter 1 of title 

10 23, United States Code, is further amended by adding at 

11 the end the following: 

12 ‘‘§ 166. Safe routes to school program 

13 ‘‘(a) ESTABLISHMENT.—Subject to the requirements 

14 of this section, the Secretary shall establish and carry out 

15 a safe routes to school program for the benefit of children 

16 in primary and middle schools. 

17 ‘‘(b) PURPOSES.—The purposes of the program shall 

18 be—

19 ‘‘(1) to enable and encourage children to walk 

20 and bicycle to school; 

21 ‘‘(2) to make bicycling and walking to school a 

22 safer and more appealing transportation alternative, 

23 thereby encouraging a healthy and active lifestyle 

24 from an early age; and 
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1 ‘‘(3) to facilitate the planning, development, 

2 and implementation of projects and activities that 

3 will improve safety and reduce traffic, fuel consump4 tion, and air pollution in the vicinity of schools. 

5 ‘‘(c) APPORTIONMENT OF FUNDS.—

6 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

7 and (3), amounts made available to carry out this 

8 section for a fiscal year shall be apportioned among 

9 the States in the ratio that—

10 ‘‘(A) the total student enrollment in pri11 mary and middle schools in each State; bears to 

12 ‘‘(B) the total student enrollment in pri13 mary and middle schools in all the States. 

14 ‘‘(2) MINIMUM APPORTIONMENT.—No State 

15 shall receive an apportionment under this section for 

16 a fiscal year of less than $2,000,000. 

17 ‘‘(3) SET-ASIDE.—Before apportioning amounts 

18 under this subsection for a fiscal year, the Secretary 

19 shall set aside such sums as may be necessary for 

20 the administrative expenses of the Secretary in car21 rying out this section. 

22 ‘‘(4) DETERMINATION OF STUDENT ENROLL23 MENTS.—Determinations under this subsection con24 cerning student enrollments shall be made by the 

25 Secretary. 
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1 ‘‘(d) ADMINISTRATION OF AMOUNTS.—Amounts ap2 portioned to a State under this section shall be adminis3 tered by the State’s department of transportation. 

4 ‘‘(e) ELIGIBLE RECIPIENTS.—Amounts apportioned 

5 to a State under this section shall be used by the State 

6 to provide financial assistance to State, local, and regional 

7 agencies, including nonprofit organizations, that dem8 onstrate an ability to meet the requirements of this sec9 tion. 

10 ‘‘(f) ELIGIBLE PROJECTS AND ACTIVITIES.—

11 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—

12 ‘‘(A) IN GENERAL.—Amounts apportioned 

13 to a State under this section and section 

14 104(b)(3) may be used for the planning, design, 

15 and construction of infrastructure-related 

16 projects to encourage walking and bicycling to 

17 school, including—

18 ‘‘(i) sidewalk improvements; 

19 ‘‘(ii) traffic calming and speed reduc20 tion improvements; 

21 ‘‘(iii) pedestrian and bicycle crossing 

22 improvements; 

23 ‘‘(iv) on-street bicycle facilities; 

24 ‘‘(v) off-street bicycle and pedestrian 

25 facilities; 
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1 ‘‘(vi) secure bicycle parking facilities; 

2 and 

3 ‘‘(vii) traffic diversion improvements 

4 in the vicinity of schools. 

5 ‘‘(B) LOCATION OF PROJECTS.—Infra6 structure-related projects under paragraph (1) 

7 may be carried out on any public road or any 

8 bicycle or pedestrian pathway or trail in the vi9 cinity of schools. 

10 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI11 TIES.—

12 ‘‘(A) IN GENERAL.—In addition to projects 

13 described in paragraph (1), amounts appor14 tioned to a State under this section may be 

15 used for noninfrastructure-related activities to 

16 encourage walking and bicycling to school, in17 cluding—

18 ‘‘(i) public awareness campaigns and 

19 outreach to press and community leaders; 

20 ‘‘(ii) traffic education and enforce21 ment in the vicinity of schools; 

22 ‘‘(iii) student sessions on bicycle and 

23 pedestrian safety, health, and environment; 

24 and 
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1 ‘‘(iv) funding for training, volunteers, 

2 and coordinators of safe routes to school 

3 programs. 

4 ‘‘(B) ALLOCATION.—Not less than 10 per5 cent of the amounts apportioned to a State 

6 under this section for a fiscal year shall be used 

7 for noninfrastructure-related activities under 

8 this paragraph. 

9 ‘‘(3) SAFE ROUTES TO SCHOOL COORDI10 NATOR.—Each State receiving an apportionment 

11 under this section for a fiscal year shall use a suffi12 cient amount of the apportionment to fund a full13 time position of coordinator of the State’s safe 

14 routes to school program. 

15 ‘‘(g) CLEARINGHOUSE.—

16 ‘‘(1) IN GENERAL.—The Secretary shall make 

17 grants to a national nonprofit organization engaged 

18 in promoting safe routes to schools to—

19 ‘‘(A) operate a national safe routes to 

20 school clearinghouse; 

21 ‘‘(B) develop information and educational 

22 programs on safe routes to school; and

23 ‘‘(C) provide technical assistance and dis24 seminate techniques and strategies used for 

25 successful safe routes to school programs. 
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1 ‘‘(2) FUNDING.—The Secretary shall carry out 

2 this subsection using amounts set aside for adminis3 trative expenses under subsection (c)(3). 

4 ‘‘(h) TASK FORCE.—

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish a national safe routes to school task force com7 posed of leaders in health, transportation, and edu8 cation, including representatives of appropriate Fed9 eral agencies, to study and develop a strategy for ad10 vancing safe routes to school programs nationwide. 

11 ‘‘(2) REPORT.—Not later than March 30, 2005, 

12 the Secretary shall transmit to Congress a report 

13 containing the results of the study conducted, and a 

14 description of the strategy developed, under para15 graph (1). 

16 ‘‘(3) FUNDING.—The Secretary shall carry out 

17 this subsection using amounts set aside for adminis18 trative expenses under subsection (c)(3). 

19 ‘‘(i) FEDERAL SHARE.—The Federal share of the 

20 cost of a project or activity funded under this section shall 

21 be 100 percent. 

22 ‘‘(j) DEFINITIONS.—

23 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 

24 ‘in the vicinity of schools’ means, with respect to a 
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1 school, the area within bicycling and walking dis2 tance of the school (approximately 2 miles). 

3 ‘‘(2) PRIMARY AND MIDDLE SCHOOLS.—The 

4 term ‘primary and middle schools’ means schools 

5 providing education from kindergarten through 

6 eighth grade. 

7 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

8 is authorized to be appropriated out of the Highway Trust 

9 Fund (other than the Mass Transit Account) to carry out 

10 this section $250,000,000 for each of the fiscal years 2004 

11 through 2009. 

12 ‘‘(l) PERIOD OF AVAILABILITY.—Notwithstanding 

13 section 118(b)(2), amounts apportioned under this section 

14 shall remain available until expended.’’. 

15 (b) CONFORMING AMENDMENTS.—

16 (1) CHAPTER ANALYSIS.—The analysis for 

17 chapter 1 of title 23, United States Code, is amend18 ed by inserting after the item relating to section 165 

19 the following:

‘‘166. Safe routes to school program.’’.

20 (2) SURFACE TRANSPORTATION PROGRAM.—

21 Section 133(b) of title 23, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(15) Infrastructure-related projects to encour24 age walking and bicycling to school in accordance 

25 with section 166.’’. 
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1 SEC. 4. NONMOTORIZED TRANSPORTATION PILOT PRO2 GRAM. 

3 (a) ESTABLISHMENT OF PROGRAM.—Subchapter I of 

4 chapter 1 of title 23, United States Code, is further 

5 amended by adding at the end the following: 

6 ‘‘§ 167. Nonmotorized transportation pilot program 

7 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab8 lish and carry out a nonmotorized transportation pilot pro9 gram to construct, in 3 communities selected by the Sec10 retary, a network of nonmotorized transportation infra11 structure facilities, including sidewalks, bicycle lanes, and 

12 pathways, that connect directly with transit stations, 

13 schools, residences, businesses, and other community ac14 tivity centers. 

15 ‘‘(b) PURPOSE.—The purpose of the program shall 

16 be to demonstrate the extent to which bicycling and walk17 ing can carry a significant part of the transportation load, 

18 and represent a major portion of the transportation solu19 tion, within selected communities. 

20 ‘‘(c) GRANTS.—In carrying out the program, the Sec21 retary may make grants to State, local, and regional agen22 cies, including nonprofit organizations, that the Secretary 

23 determines are suitably equipped and organized to carry 

24 out the requirements of this section. 

25 ‘‘(d) STATISTICAL INFORMATION.—In carrying out 

26 the program, the Secretary shall develop statistical infor-
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1 mation on changes in motorized, nonmotorized, and tran2 sit use in communities participating in the program and 

3 assess how such changes support and promote livable com4 munity concepts, decreased traffic and energy usage, a 

5 cleaner environment, and healthier lifestyles. 

6 ‘‘(e) FEDERAL SHARE.—The Federal share of the 

7 cost of a project or activity funded under this section shall 

8 be 80 percent. 

9 ‘‘(f) REPORTS.—The Secretary shall transmit to Con10 gress an interim report not later than September 30, 

11 2007, and a final report not later than September 30, 

12 2010, on the results of the program. 

13 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—

14 ‘‘(1) HIGHWAY TRUST FUND.—There is author15 ized to be appropriated out of the Highway Trust 

16 Fund (other than the Mass Transit Account) to 

17 carry out this section $20,000,000 for each of the 

18 fiscal years 2004 through 2006 and $40,000,000 for 

19 each of the fiscal years 2007 through 2009. 

20 ‘‘(2) MASS TRANSIT ACCOUNT OF HIGHWAY

21 TRUST FUND.—There is authorized to be appro22 priated out of the Mass Transit Account of the 

23 Highway Trust Fund to carry out this section 

24 $5,000,000 for each of the fiscal years 2004 through 
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1 2006 and $10,000,000 for each of the fiscal years 

2 2007 through 2009. 

3 ‘‘(h) PERIOD OF AVAILABILITY.—Notwithstanding 

4 any other provision of law, funds allocated under this sec5 tion shall remain available until expended.’’. 

6 (b) CONFORMING AMENDMENT.—The analysis for 

7 chapter 1 of title 23, United States Code, is amended by 

8 inserting after the item relating to section 166 the fol9 lowing:

‘‘167. Nonmotorized transportation pilot program.’’.

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