Section 1 Short title
This Act may be cited as the “America Bikes Act”.
America Bikes Act
A BILL
To establish programs to improve bicycle and pedestrian infrastructure and incentivize the use of bicycles in transit, and for other purposes.
Sec. 2 Highway safety improvement program
Highway safety improvement project— Section 148(a)(4)(B) of title 23, United States Code, is amended—
in clause (xxix), by striking “through (xxviii)” and inserting “through (xxx)”;
by redesignating clause (xxix) as clause (xxxi); and
by inserting after clause (xxviii) the following:
“(xxix) The connection of 2 or more segments of existing bicyclist or pedestrian infrastructure.
“(xxx) The reduction of safety risks to vulnerable road users through a project or strategy described in a program of projects or strategies developed pursuant to subsection (l)(2)(B).”
Federal share of certain highway safety improvement projects—
In general— Section 148(j) of title 23, United States Code, is amended—
by striking “Except as provided in sections 120 and 130” and inserting the following:
“(1) In general—Except as provided in sections 120 and 130 and paragraph (2)”
by adding at the end the following:
“(2) Exception—Notwithstanding any other provision of law, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(3) may be up to 100 percent if the project is a project described in clause (xxix) or (xxx) of subsection (a)(4)(B).”
Flexible financing— Section 133(h)(7) of title 23, United States Code, is amended—
by redesignating subparagraph (C) as subparagraph (E); and
by striking subparagraph (B) and inserting the following:
“(B) Flexible financing—Notwithstanding section 120—
“(i) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and
“(ii) the Federal share of the cost of an individual project under this subsection may be up to 100 percent.
“(C) Treatment as non-Federal share—Notwithstanding any other provision of law, funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if—
“(i) the project includes a proven safety countermeasure for bicyclists or pedestrians, as determined by the Federal Highway Administration;
“(ii) the relevant State strategic highway safety plan includes an emphasis area related to vulnerable road users; or
“(iii) the proposed project—
“(I) was described in a program of projects or strategies developed pursuant to paragraph section 148 (l); or
“(II) was identified by a local government, metropolitan planning organization, or regional transportation planning organization, including in a safety plan described in subparagraph (B), as addressing 1 or more areas of high risk to vulnerable road users during the consultation process required under paragraph (xx)(B) and through a planning process and data-based analysis.
“(D) Safety plans described—A safety plan referred to in subparagraph (A)(ii)(II) is—
“(i) a pedestrian or bicyclist safety plan;
“(ii) a Complete Streets plan;
“(iii) a local roadway safety plan;
“(iv) a Vision Zero Action Plan;
“(v) a transition plan described in section 35.150(d) of title 28, Code of Federal Regulations (or successor regulations) (commonly known as an “ADA Transition Plan”);
“(vi) a Tribal transportation safety plan;
“(vii) a comprehensive safety action plan (as defined in section 24112(a) of the Infrastructure Investment and Jobs Act (23 U.S.C. 402 note)); or
“(viii) any other safety plan, as determined by the Secretary.”
Increased Federal share for proven safety countermeasures— Section 120(c)(1) of title 23, United States Code, is amended, in the first sentence, by inserting “proven safety countermeasures for bicyclists or pedestrians (as determined by the Federal Highway Administration),” before “breakaway utility poles”.
Sec. 3 Grant funds to provide on-bicycle education
Section 405(g)(5) of title 23, United States Code, is amended—
in subparagraph (C)(iv), by striking “; and” and inserting a semicolon;
in subparagraph (D), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(E) providing on-bicycle education to elementary school and secondary school students.”
Sec. 4 Revision of guidelines on pedestrian and bicycle safety
In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall revise the Highway Safety Program Guideline No. 14 on Pedestrian and Bicycle Safety to encourage nonmotorized safety education for elementary and secondary school students. In revising the guidelines, the Secretary shall ensure that such guidelines—
encourage on-bicycle training that promotes bicycling skills and safe practices;
increase awareness and proficiency in navigating roadways;
emphasize traffic rules;
describe safety precautions; and
emphasize the importance of helmet use for cyclists.
Consultation and dissemination— In carrying out the revision under subsection (a), the Secretary shall—
consult with practitioners involved in education efforts to update any existing materials and curriculum for elementary and secondary schools, including the Bike Walk friendly assessment tool; and
disseminate new curriculum and guidelines on pedestrian and bicycle safety to State educational agencies.
Report required— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on—
the state or activities implemented using the guidelines described in subsection (a), including any materials and curriculum revised under this section, and a process for tracking implementation;
consultation efforts to revise such guidelines and related materials; and
dissemination efforts of the guidance to State educational agencies, including training efforts and promotion, including opportunities for States to share implementation challenges and successes.
Sec. 5 Safe routes to school coordinator
Section 208(g)(3) of title 23, United States Code, is amended—
by striking “Each State shall” and inserting “(A) In general.—Each State shall”; and
by adding at the end the following:
“(B) Federal Share—Notwithstanding any other provision of this title, if a State employs a coordinator described under this paragraph, the Federal share for a project or activity eligible under this section shall be 95 percent.”
Sec. 6 Federal lands and tribal transportation programs
Section 201 of title 23, United States Code, is amended by adding at the end the following:
“(f) Set aside for active transportation
“(1) In general—To carry out active transportation, the Secretary shall for each fiscal year combine and use not less than 5 percent of the funds authorized for programs under sections 203 and 204.
“(2) Active transportation defined—In this subsection, the term “active transportation” means any of the following projects or activities:
“(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
“(B) Construction planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities, to access public accommodations and points of interest.
“(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.”
Sec. 7 Active transportation infrastructure investment
Findings— Congress finds the following:
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.
Approximately 90 percent of public transportation trips are accessible by walking or bicycling.
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.
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.
Achieving a mode shift to active transportation within a community requires intensive, concentrated funding of active transportation systems rather than discrete, piecemeal projects.
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.
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.
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.
Active transportation infrastructure investment program—
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.
Application—
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.
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).
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:
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—
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
integrate active transportation facilities with transit services, where available, to improve access to public transportation.
Whether the eligible organization demonstrates broad community support through—
the use of public input in the development of transportation plans; and
the commitment of community leaders to the success and timely implementation of an eligible project.
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.
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).
The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on income level or provide access to jobs and services for low-income communities.
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.
Use of funds—
In general— Of the amounts made available to carry out this section and except as provided in paragraph (2), the Secretary shall obligate—
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
not less than 30 percent to eligible projects that construct active transportation spines.
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.
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.
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.
Grant timing—
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.
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.
Federal share—
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.
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.
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.
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.
Reports—
Interim report— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the information described in paragraph (3).
Final report— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the information described in paragraph (3).
Report information— A report submitted under this subsection shall contain the following:
A list of grants made under this section.
Best practices of recipients in implementing active transportation projects.
Impediments experienced by recipients of grants under this section in developing and shifting to active transportation.
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.
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 2026 through 2030 to carry out this section.
Definitions— In this section:
Active transportation— The term “active transportation” means mobility options powered primarily by human energy, including bicycling and walking.
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.
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.
Community— The term “community” means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions.
Eligible organization— The term “eligible organization” means—
a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council;
a multi-county special district;
a State;
a multi-state group of governments; or
an Indian Tribe.
Eligible project— The term “eligible project” means an active transportation project or group of projects—
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
that has—
a total cost of not less than $15,000,000; or
with respect to planning and design grants, planning and design costs of not less than $100,000.
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)).
Secretary— The term “Secretary” means the Secretary of Transportation.
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—
the cost of acquiring real property;
the cost of site preparation, demolition, and development;
expenses related to the issuance of bonds or notes;
fees in connection with the planning, execution, and financing of the project;
the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs;
the cost of construction, rehabilitation, reconstruction, and equipping the project;
the cost of land improvements;
contractor fees;
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
any other cost that the Secretary determines is necessary and reasonable.
Sec. 8 Temporary duty suspension for bicycle assembly and manufacturing parts
In general— Subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (hereinafter referred to as the “HTS”) is amended by inserting the following new heading in numerical sequence:
Definition and applicability— The U.S. Notes to subchapter III of chapter 99 of the HTS are amended by adding at the end the following:
“34.
“(a) For purposes of heading 9903.87.11, the term parts of bicycles means parts, accessories, or specific components that are—
“(i) classified in the tariff provisions described in subdivision (f) of this note; and
“(ii) imported into the customs territory of the United States for assembly or manufacturing into complete tricycles or bicycles, including bicycles without a motor (provided for in heading 8712.00) and bicycles with an electric motor (provided for in subheading 8711.60.00), and bicycle trailers (provided for in subheading 8716.40.00).
“(b) For purposes of heading 9903.87.11, the term “assembly or manufacturing of complete bicycles” means the fitting or joining together of fabricated components classifiable as parts of bicycles (as such term is defined under subdivision (a) of this note) using standard industry processes to produce bicycles suitable for sale or consumption with only minor assembly or adjustment required by the end user.
“(c) Any importer claiming entry of parts of bicycles under heading 9903.87.11 must—
“(i) certify at the time of entry to the satisfaction of U.S. Customs and Border Protection (hereinafter referred to as “CBP”) that such parts will be used in the assembly or manufacturing of complete bicycles (as such term is defined under subdivision (b) of this note); and
“(ii) provide appropriate documentation to CBP upon the completion of final assembly or manufacturing of such bicycles or at such other time as CBP may establish.
“(d) Parts of bicycles for which entry is claimed under heading 9903.87.11 shall be excluded from any additional duties under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) or any other provision of law based on the classification of such parts under any of chapters 1 through 97.
“(e) Notwithstanding subdivision (d) of this note, parts of bicycles may be included in a claim for duty-free entry under heading 9903.87.11 if such parts are properly classified in any 8-digit tariff heading or subheading described in subdivision (f) of this note when such parts are entered on or after the date on which an additional duty under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) or any other provision of law is no longer effective.
“(f) The 8-digit tariff headings and subheadings described in this subdivision are the following:”
Report— Not later than 5 years after the date of the enactment of this Act, the Chair of the United States International Trade Commission shall submit to the Chairman and Ranking Member of the Committee on Ways and Means of the House of Representatives and the Chairman and Ranking Member of the Committee on Finance of the Senate a report describing the effects of the amendments made under subsections (a) and (b) and evaluating the contribution and effectiveness of such amendments toward increasing the assembly and manufacturing of bicycles within the United States to meet the following goals:
2,000,000 bicycles annually in the United States within 5 years of such date of enactment.
5,000,000 bicycles annually in the United States within 10 years of such date of enactment.
Rulemaking— The Commissioner of U.S. Customs and Border Protection may prescribe rules for the appropriate administration of this section, and the amendments made by this section, and requiring such information as such Commissioner considers necessary from any importer who claims duty-free entry under heading 9903.87.11 of the HTS, as amended by subsection (a).
Effective date— This section, and the amendments made by this section, shall take effect during the 10-year period beginning on the date of the enactment of this Act.
Sec. 9 Reinstatement and expansion of employer-provided fringe benefits for bicycle commuting
Expansion of bicycle commuting benefits— Section 132(f)(5)(F) of the Internal Revenue Code of 1986 is amended to read as follows:
“(F) Definitions related to bicycle commuting benefits
“(i) Qualified bicycle commuting benefit—The term “qualified bicycle commuting benefit” means, with respect to any calendar year—
“(I) any employer reimbursement during the 15-month period beginning with the first day of such calendar year for reasonable expenses incurred by the employee during such calendar year for the purchase (including associated finance charges), lease, rental (including a bikeshare), improvement, repair, or storage of qualified commuting property, or
“(II) the direct or indirect provision by the employer to the employee during such calendar year of the use (including a bikeshare), improvement, repair, or storage of qualified commuting property,
“(ii) Qualified commuting property—The term “qualified commuting property” means—
“(I) any bicycle (other than a bicycle equipped with any motor),
“(II) any electric bicycle,
“(III) any 2- or 3-wheel scooter (other than a scooter equipped with any motor), and
“(IV) any 2- or 3-wheel scooter propelled by an electric motor if such motor does not provide assistance if the speed of such scooter exceeds 20 miler per hour (or if the speed of such scooter is not capable of exceeding 20 miles per hour) and the weight of such scooter does not exceed 100 pounds.
“(iii) Electric bicycle—The term “electric bicycle” means a bicycle which is—
“(I) equipped with—
“(aa) fully operable pedals,
“(bb) a saddle or seat for the rider, and
“(cc) an electric motor which is less than 750 watts, designed to provide assistance in propelling the bicycle, and—
“(AA) does not provide such assistance if the bicycle is moving in excess of 20 miler per hour, or
“(BB) if such motor only provides such assistance when the rider is pedaling, does not provide such assistance if the bicycle is moving in excess of 28 miles per hour, and
“(II) certified by the manufacturer, importer, or distributor of such bicycle to comply with the requirements under part 1512 of title 16, Code of Federal Regulations (or any successor regulations issued by the Consumer Product Safety Commission).
“(iv) Bikeshare—The term bikeshare means a rental operation at which qualified commuting property is made available to customers to pick up and drop off for point-to-point use within a defined geographic area.”
Limitation on exclusion— Section 132(f)(2)(C) of such Code is amended to read as follows:
“(C) 30 percent of the dollar amount in effect under subparagraph (B) per month in the case of any qualified bicycle commuting benefit.”
Conforming amendments— Section 132(f)(1) of such Code is amended by adding at the end the following:
“(D) Qualified bicycle commuting benefit.”
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2025.
Sec. 10 Safe Streets and Roads for All program reauthorization
Section 24112 of the Infrastructure Investment and Jobs Act (23 U.S.C. 402 note) is amended—
in subsection (c)(2)(B) by striking “40 percent” and inserting “20 percent”; and
in subsection (f)(1) by striking “2026” and inserting “2031”.
Sec. 11 Bicycle transportation and pedestrian walkways
Section 217(e) of title 23, United States Code, is amended—
by striking “In any case” and inserting the following:
“(1) In general—In any case”
by adding at the end the following:
“(2) Reasonable cost defined—In this subsection, the term “reasonable cost” means that the safe accommodation of pedestrians or bicyclists described in paragraph (1) costs not more than 20 percent of the total cost of the replacement or rehabilitation of a highway bridge deck described in such paragraph.”
Sec. 12 Motorized recreation clarification
Section 206(a) of title 23, United States Code, is amended—
in paragraph (1)—
by striking “a motorized wheelchair.” and inserting the following:
“(A) a motorized wheelchair; or
“(B) an electric bicycle (as defined in section 217(j)) when the use of such a bicycle is permitted by applicable laws or regulations.”
in paragraph (2)(E) by inserting “(including the use of an electric bicycle)” after “bicycling”.
Sec. 13 Grants for projects in comprehensive safety action plans
Section 24112(f) of the Infrastructure Investment and Jobs Act (23 U.S.C. 402 note) is amended by adding at the end the following:
“(4) Set aside for projects in comprehensive safety action plans—Notwithstanding any other provision of law, in each fiscal year, each State shall use not less than 5 percent of funds apportioned under section 104(b)(1) of title 23, United States Code, to carry out projects described in subsection (a)(3)(C).”
Sec. 14 Bicycle transit integration grant program
In general— The Secretary of Transportation shall establish a program to provide grants, on a competitive basis, for bicycle transit integration projects.
Eligible entities— The Secretary may provide a grant under this section only to—
a metropolitan planning organization;
a transit agency;
a State;
a unit of local government; or
an Indian Tribe.
Bicycle transit integration project defined— In this section, the term “bicycle transit integration project” means a project to—
develop bicycle parking at transit stations;
expand bicycle sharing programs; and
any other similar project, as determined by the Secretary.