II 

109TH CONGRESS 

1ST SESSION S. 794 

To amend title 23, United States Code, to improve the safety of nonmotorized 

transportation, including bicycle and pedestrian safety. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2005 

Mr. HARKIN introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 23, United States Code, to improve the 

safety of nonmotorized transportation, including bicycle 

and pedestrian safety. 

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 ‘‘Safe and Complete 

5 Streets Act of 2005’’. 

6 SEC. 2. NONMOTORIZED TRANSPORTATION SAFETY. 

7 Section 120(c) of title 23, United States Code, is 

8 amended— 

9 (1) in the first sentence, by striking ‘‘The Fed10 eral’’ and inserting the following: 
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1 ‘‘(2) FEDERAL SHARE.—The Federal’’; 

2 (2) in the second sentence, by striking ‘‘In this 

3 subsection, the term’’ and inserting the following: 

4 ‘‘(1) DEFINITIONS.—In this subsection: 

5 ‘‘(A) BICYCLE AND PEDESTRIAN SAFE6 TY.—The term ‘bicycle and pedestrian safety’ 

7 means any improvement that— 

8 ‘‘(i) promotes the safety of bicyclists 

9 and pedestrians (including people with dis10 abilities); and 

11 ‘‘(ii) is consistent with sections 134 

12 and 135. 

13 ‘‘(B) SAFETY REST AREA.—The term’’; 

14 (3) by moving paragraph (1) (as added by para15 graph (2)) so as to appear before paragraph (2) (as 

16 added by paragraph (1)); and 

17 (4) by adding at the end the following: 

18 ‘‘(3) STATEMENT OF POLICY BY STATE TRANS19 PORTATION DEPARTMENTS.— 

20 ‘‘(A) IN GENERAL.—Each State transpor21 tation department shall adopt a statement of 

22 policy ensuring that the needs and safety of all 

23 road users (including the need for pedestrian 

24 and bicycle safety) are fully integrated into the 

25 planning, design, operation and maintenance of 
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1 the transportation system of the State transpor2 tation department. 

3 ‘‘(B) BASIS.—In the case of bicycle and 

4 pedestrian safety, the statement of policy shall 

5 be based on the design guidance on accommo6 dating bicyclists and pedestrians of the Federal 

7 Highway Administration adopted in February 

8 2000. 

9 ‘‘(C) REPORTS.—Not later 1 year after the 

10 date of enactment of this paragraph, and each 

11 year thereafter, the Secretary shall submit to 

12 Congress a report on the statements of policy 

13 adopted under this paragraph. 

14 ‘‘(4) NONMOTORIZED TRANSPORTATION

15 GOAL.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 take such actions as are necessary to, to the 

18 maximum extent practicable, double the per19 centage of trips made by foot or bicycle while 

20 simultaneously reducing crashes involving 

21 bicyclists and pedestrians by 10 percent, in a 

22 manner consistent with the goals of the na23 tional bicycling and walking study conducted 

24 during 1994. 
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1 ‘‘(B) ADMINISTRATION.—Not later than 1 

2 year after the date of enactment of this para3 graph, the Secretary shall establish such base4 line and completion dates as are necessary to 

5 carry out subparagraph (A). 

6 ‘‘(5) RESEARCH FOR NONMOTORIZED USERS.— 

7 ‘‘(A) FINDINGS.—Congress finds that— 

8 ‘‘(i) it is in the national interest to 

9 meet the goals of the national bicycling 

10 and walking study by the completion date 

11 established under paragraph (4)(B); 

12 ‘‘(ii) research into the safety and op13 eration of the transportation system for 

14 nonmotorized users is inadequate, given 

15 that almost 1 in 10 trips are made by foot 

16 or bicycle and 1 in 8 traffic fatalities in17 volves a bicyclist or pedestrian; and 

18 ‘‘(iii) inadequate data collection, espe19 cially on exposure rates and infrastructure 

20 needs, are hampering efforts to improve bi21 cycle and pedestrian safety and use to 

22 meet local transportation needs. 

23 ‘‘(B) ALLOCATION OF RESEARCH FUNDS

24 FOR NONMOTORIZED USERS.— 
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1 ‘‘(i) IN GENERAL.—The Secretary 

2 shall submit to Congress an annual report 

3 on the percentage of research funds that 

4 are allocated (for the most recent fiscal 

5 year for which data are available) to re6 search that directly benefits the planning, 

7 design, operation, and maintenance of the 

8 transportation system for nonmotorized 

9 users— 

10 ‘‘(I) by the Department of Trans11 portation; and 

12 ‘‘(II) by State transportation de13 partments. 

14 ‘‘(ii) NATIONAL COOPERATIVE HIGH15 WAY RESEARCH PROGRAM.—The Transpor16 tation Research Board of the National 

17 Academy of Sciences shall submit to Con18 gress an annual report on the percentage 

19 of research funds under the National Co20 operative Highway Research Program that 

21 are allocated (for the most recent fiscal 

22 year for which data are available) to re23 search that directly benefits the planning, 

24 design, operation, and maintenance of the 
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1 transportation system for nonmotorized 

2 users. 

3 ‘‘(iii) DEPARTMENT OF TRANSPOR4 TATION ALLOCATION.—Effective beginning 

5 with the third full fiscal year that begins 

6 after the date of enactment of this para7 graph, the Secretary shall allocate at least 

8 10 percent of the research funds that are 

9 allocated by the Department of Transpor10 tation for each fiscal year to research that 

11 directly benefits the planning, design, oper12 ation, and maintenance of the transpor13 tation system for nonmotorized users. 

14 ‘‘(6) METROPOLITAN PLANNING ORGANIZA15 TIONS.— 

16 ‘‘(A) BICYCLE/PEDESTRIAN COORDINA17 TORS.—A metropolitan planning organization 

18 shall a designate a bicycle/pedestrian coordi19 nator to coordinate bicycle and pedestrian pro20 grams and activities carried out in the area 

21 served by the organization. 

22 ‘‘(B) CERTIFICATION.—A metropolitan 

23 planning organization shall certify to the Sec24 retary, as part of the certification review, 

25 that— 
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1 ‘‘(i) the needs of bicyclists and pedes2 trians (including people who use wheel3 chairs and people with vision impairment) 

4 have been adequately addressed by the 

5 long-range transportation plan of the orga6 nization; and 

7 ‘‘(ii) the bicycle and pedestrian 

8 projects to implement the plan in a timely 

9 manner are included in the transportation 

10 improvement program of the organization. 

11 ‘‘(C) LONG-RANGE TRANSPORTATION

12 PLANS.— 

13 ‘‘(i) IN GENERAL.—Except as pro14 vided in clause (ii), a metropolitan plan15 ning organization shall develop and adopt 

16 a long-range transportation plan that— 

17 ‘‘(I) includes the most recent 

18 data available on the percentage of 

19 trips made by foot and by bicycle in 

20 each jurisdiction; 

21 ‘‘(II) includes a target level for 

22 bicycle and pedestrian trips that is 

23 commensurate with the national goal 

24 of doubling the percentage of trips 
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1 made by foot and bicycle established 

2 under paragraph (4); and 

3 ‘‘(III) identify the contribution 

4 made by each project under the trans5 portation improvement program of the 

6 organization toward meeting the goal 

7 of doubling the percentage of trips 

8 made by foot and bicycle. 

9 ‘‘(ii) APPLICATION.—Clause (i) does 

10 not apply to a metropolitan planning orga11 nization that adopts the design guidance 

12 described in paragraph (3)(B) for all 

13 transportation projects carried out by the 

14 organization. 

15 ‘‘(D) LOCAL JURISDICTIONS.—A metro16 politan planning organization shall strongly en17 courage local jurisdictions that are served by 

18 the organization to maximize the efforts of the 

19 local jurisdictions to include sidewalks, 

20 bikepaths, and road intersections that maximize 

21 bicycle and pedestrian safety in the local trans22 portation systems of the local jurisdictions.’’. 
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1 SEC. 3. SAFE ROUTES TO SCHOOLS PROGRAM. 

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

3 23, United States Code, is amended by inserting after sec4 tion 149 the following: 

5 ‘‘§ 150. Safe routes to schools program 

6 ‘‘(a) DEFINITIONS.—In this section: 

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

8 ‘in the vicinity of schools’ means, with respect to pri9 mary and middle schools, the area within bicycling 

10 and walking distance of the primary and middle 

11 schools (approximately 2 miles). 

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

13 term ‘primary and middle schools’ means schools 

14 providing education from kindergarten through 

15 eighth grade. 

16 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab17 lish and carry out a safe routes to schools program for 

18 the benefit of children in primary and middle schools. 

19 ‘‘(c) PURPOSES.—The purposes of the program are— 

20 ‘‘(1) to enable and encourage children, includ21 ing children with disabilities, to walk and bicycle to 

22 primary and middle schools; 

23 ‘‘(2) to make bicycling and walking to primary 

24 and middle schools a safer and more appealing 

25 transportation alternative, thereby encouraging a 

26 healthy and active lifestyle 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 primary and 

5 middle schools. 

6 ‘‘(d) APPORTIONMENT OF FUNDS.— 

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

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

9 subsection for a fiscal year shall be apportioned 

10 among the States in the ratio that— 

11 ‘‘(A) the total student enrollment in pri12 mary and middle schools in each State; bears to 

13 ‘‘(B) the total student enrollment in pri14 mary and middle schools in all the States. 

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

16 shall receive an apportionment under this section for 

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

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

19 made available to carry out this section under this 

20 subsection for a fiscal year, the Secretary shall set 

21 aside not more than 2 percent of those amounts to 

22 pay the administrative expenses incurred by the Sec23 retary in carrying out this section. 

24 ‘‘(4) DETERMINATION OF STUDENT ENROLL25 MENTS.—Determinations under this subsection con-
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1 cerning student enrollments shall be made by the 

2 Secretary. 

3 ‘‘(e) ADMINISTRATION OF AMOUNTS.—Amounts ap4 portioned to a State under this section shall be adminis5 tered by the applicable State transportation department. 

6 ‘‘(f) ELIGIBLE RECIPIENTS.—Amounts apportioned 

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

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

9 agencies, including nonprofit organizations, that dem10 onstrate an ability to meet the requirements of this sec11 tion. 

12 ‘‘(g) ELIGIBLE PROJECTS AND ACTIVITIES.— 

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

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

15 to a State under this section may be used for 

16 the planning, design, and construction of infra17 structure-related projects that will substantially 

18 improve the ability of students to walk and bi19 cycle to primary and middle schools in the vi20 cinity of primary and middle schools, includ21 ing— 

22 ‘‘(i) sidewalk improvements; 

23 ‘‘(ii) traffic calming and speed reduc24 tion improvements; 
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1 ‘‘(iii) pedestrian and bicycle crossing 

2 improvements; 

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

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

5 facilities; 

6 ‘‘(vi) secure bicycle parking facilities; 

7 and 

8 ‘‘(vii) traffic diversion improvements. 

9 ‘‘(B) LOCATION OF PROJECTS.—An infra10 structure-related project under subparagraph 

11 (A) may be carried out on any public road or 

12 any bicycle or pedestrian pathway or trail in the 

13 vicinity of a primary or middle school. 

14 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI15 TIES.— 

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

17 described in paragraph (1), amounts appor18 tioned to a State under this section may be 

19 used for noninfrastructure-related activities to 

20 encourage walking and bicycling to primary and 

21 middle schools, including— 

22 ‘‘(i) public awareness campaigns and 

23 outreach to press and community leaders; 
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1 ‘‘(ii) traffic education and enforce2 ment in the vicinity of primary and middle 

3 schools; 

4 ‘‘(iii) student sessions on bicycle and 

5 pedestrian safety, health, and environment; 

6 and 

7 ‘‘(iv) funding for training, volunteers, 

8 and managers of safe routes to schools 

9 programs. 

10 ‘‘(B) ALLOCATION.—Not less than 10 per11 cent and not more than 30 percent of the 

12 amount apportioned to a State under this sub13 section for a fiscal year shall be used for non14 infrastructure-related activities under this para15 graph. 

16 ‘‘(3) SAFE ROUTES TO SCHOOL COORDI17 NATOR.—Each State receiving an apportionment 

18 under this section for a fiscal year shall use a suffi19 cient amount of the apportionment to fund a full20 time position of coordinator of the safe routes to 

21 schools program of the State. 

22 ‘‘(h) CLEARINGHOUSE.— 

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

24 grants to a national nonprofit organization engaged 

25 in promoting safe routes to schools to— 
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1 ‘‘(A) operate a national safe routes to 

2 school clearinghouse; 

3 ‘‘(B) develop information and educational 

4 programs on safe routes to schools; and 

5 ‘‘(C) provide technical assistance and dis6 seminate techniques and strategies used for 

7 successful safe routes to schools programs. 

8 ‘‘(2) FUNDING.—The Secretary shall carry out 

9 this subsection using amounts set aside for adminis10 trative expenses under subsection (d)(3). 

11 ‘‘(i) TASK FORCE.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish a national safe routes to schools task force com14 posed of leaders in health, transportation, and edu15 cation, including representatives of appropriate Fed16 eral agencies, to study and develop a strategy for ad17 vancing safe routes to schools programs nationwide. 

18 ‘‘(2) REPORT.—Not later than March 31, 2006, 

19 the Secretary shall submit to Congress a report con20 taining— 

21 ‘‘(A) the results of the study conducted, 

22 and a description of the strategy developed, 

23 under paragraph (1); and 

24 ‘‘(B) information regarding the use of 

25 funds for infrastructure-related and noninfra-
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1 structure-related activities under paragraphs 

2 (1) and (2) of subsection (g). 

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

4 this subsection using amounts set aside for adminis5 trative expenses under subsection (d)(3). 

6 ‘‘(j) APPLICABILITY.— 

7 ‘‘(1) IN GENERAL.—Except as otherwise pro8 vided in this subsection, funds made available to 

9 carry out this section shall be available for obligation 

10 in the same manner as funds apportioned under this 

11 chapter. 

12 ‘‘(2) AVAILABILITY.—Funds made available to 

13 carry out this section shall not be transferable and 

14 shall remain available until expended. 

15 ‘‘(3) FEDERAL SHARE.—The Federal share of 

16 the cost of a project or activity under this section 

17 shall be 100 percent. 

18 ‘‘(4) FEDERAL-AID SYSTEM.—Notwithstanding 

19 any other provision of law, a project assisted under 

20 this section shall be treated as a project on a Fed21 eral-aid system under this chapter.’’. 

22 (b) AUTHORIZATIONS OF APPROPRIATIONS.—There 

23 are authorized to be appropriated from the Highway Trust 

24 Fund (other than the Mass Transit Account) for the safe 
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1 routes to schools programs under section 150 of title 23, 

2 United States Code (as added by subsection (a))— 

3 (1) $175,000,000 for fiscal year 2005; 

4 (2) $200,000,000 for fiscal year 2006; 

5 (3) $200,000,000 for fiscal year 2007; 

6 (4) $200,000,000 for fiscal year 2008; and 

7 (5) $225,000,000 for fiscal year 2009. 

8 (c) CONFORMING AMENDMENTS.—The analysis for 

9 subchapter I of chapter 1 of title 23, United States Code 

10 is amended by inserting after the item relating to section 

11 149 the following: 

‘‘150. Safe routes to schools program.’’. 

12 SEC. 4. NONMOTORIZED TRANSPORTATION PILOT PRO13 GRAM. 

14 (a) ESTABLISHMENT.—The Secretary of Transpor15 tation shall establish and carry out a nonmotorized trans16 portation pilot program to construct, in 4 communities se17 lected by the Secretary, a network of nonmotorized trans18 portation infrastructure facilities (including sidewalks, bi19 cycle lanes, and pedestrian and bicycle trails) that connect 

20 directly with transit stations, schools, residences, busi21 nesses, recreation areas, and other community activity 

22 centers. 

23 (b) PURPOSE.—The purpose of the program shall be 

24 to demonstrate the extent to which bicycling and walking 

25 can ease the burden on transportation systems, and rep-
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1 resent a major portion of the transportation needs that 

2 are met, within selected communities. 

3 (c) GRANTS.— 

4 (1) IN GENERAL.—In carrying out the program, 

5 the Secretary may make grants to State, local, and 

6 regional agencies that the Secretary determines are 

7 suitably equipped and organized to carry out the ob8 jectives and requirements of this subsection. 

9 (2) SUBALLOCATION.—An agency that receives 

10 a grant under this section may suballocate grant 

11 funds to a nonprofit organization to carry out the 

12 program under this section. 

13 (d) APPLICABILITY OF TITLE 23.— 

14 (1) IN GENERAL.—Except as otherwise pro15 vided in this subsection, funds made available to 

16 carry out this section shall be available for obligation 

17 in the same manner as if the funds were apportioned 

18 under chapter 1 of title 23, United States Code. 

19 (2) AVAILABILITY.—Funds made available to 

20 carry out this section shall not be transferable and 

21 shall remain available until expended. 

22 (3) FEDERAL SHARE.—The Federal share of 

23 the cost of a project carried out under this section 

24 shall be 80 percent. 
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1 (e) STATISTICAL INFORMATION.—In carrying out the 

2 program, the Secretary shall— 

3 (1) develop statistical information on changes in 

4 motor vehicle, nonmotorized transportation, and 

5 public transportation usage in communities partici6 pating in the program; and 

7 (2) assess how the changes— 

8 (A) decrease congestion and energy usage; 

9 (B) increase the frequency of biking and 

10 walking; and 

11 (C) promote better health and a cleaner 

12 environment. 

13 (f) REPORTS.—The Secretary shall submit to Con14 gress an interim report not later than September 30, 

15 2007, and a final report not later than September 30, 

16 2010, on the results of the program. 

17 (g) AUTHORIZATIONS OF APPROPRIATIONS.—There 

18 is authorized to be appropriated from the Highway Trust 

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

20 the nonmotorized pilot program under this section 

21 $25,000,000 for each of fiscal years 2005 through 2009. 

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