[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3246 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3246

  To provide for consideration of all modes of transportation and all 
   road users in certain highway and transit programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2023

 Mr. Fetterman introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To provide for consideration of all modes of transportation and all 
   road users in certain highway and transit programs, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building Safer Streets Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Highway Administration.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3. MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.

    (a) In General.--Section 109(d)(2) of title 23, United States Code, 
is amended--
            (1) by striking ``Not later than'' and inserting the 
        following:
                    ``(A) In general.--Not later than''; and
            (2) by adding at the end the following:
                    ``(B) Public accountability.--
                            ``(i) In general.--For the most recent 
                        published edition of the Manual on Uniform 
                        Traffic Control Devices (as of the date of 
                        enactment of the Building Safer Streets Act), 
                        and not later than 1 year after the date of 
                        publication of each subsequent update of the 
                        Manual on Uniform Traffic Control Devices, the 
                        Secretary shall publish documentation 
                        explaining all specific prohibitions against 
                        devices or designs, including--
                                    ``(I) any considerations to allow 
                                local flexibility;
                                    ``(II) research in support of the 
                                prohibitions, including the need to 
                                actively prohibit a design or practice; 
                                and
                                    ``(III) proof of compliance with 
                                Federal law (including regulations).
                            ``(ii) National committee on uniform 
                        traffic control devices.--With respect to 
                        updates to the Manual on Uniform Traffic 
                        Control Devices after the most recent published 
                        edition described in clause (i), the Secretary 
                        shall request that the National Committee on 
                        Uniform Traffic Control Devices provide 
                        documentation of the decisions made during the 
                        update process with respect to recommendations 
                        provided to the Secretary by the National 
                        Committee.''.
    (b) Updates to Manual on Uniform Traffic Control Devices.--Section 
11135 of the Infrastructure Investment and Jobs Act (23 U.S.C. 109 
note; Public Law 117-58) is amended--
            (1) in paragraph (3), by adding ``and'' at the end;
            (2) in paragraph (4), by striking ``; and'' and inserting a 
        period; and
            (3) by striking paragraph (5).
    (c) GAO Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the use of the Manual on 
        Uniform Traffic Control Devices (referred to in this subsection 
        as the ``Manual'') by State and local government traffic 
        engineers, planners, and consultants--
                    (A) to provide an estimate of the extent to which 
                practitioners, based on a representative sample--
                            (i) exercise engineering discretion as 
                        permitted by the Manual for street designs 
                        intended to increase safety and improve 
                        multimodal access; and
                            (ii) feel constrained or otherwise 
                        discouraged from implementing alternative 
                        street designs that improve safety outcomes by 
                        the guidelines in the Manual;
                    (B) to estimate the average increases in costs and 
                time needed to complete a project caused by the need to 
                request or otherwise determine an exception to the 
                Manual, including requirements for engineering studies; 
                and
                    (C) to identify the types of facilities, projects, 
                and contexts for which discretion to deviate from the 
                Manual are most frequently sought.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall--
                    (A) submit to Congress a report that describes the 
                findings and conclusions of the study conducted under 
                paragraph (1); and
                    (B) make the report under subparagraph (A) publicly 
                available online.

SEC. 4. FEDERAL DESIGN STANDARDS AND GUIDELINES.

    (a) Statutory Design Guidelines.--Section 217(g)(1) of title 23, 
United States Code, is amended--
            (1) in the first sentence, by striking ``given due 
        consideration'' and inserting ``accounted for, where not 
        incompatible,''; and
            (2) in the second sentence, by striking ``considered, where 
        appropriate, in conjunction'' and inserting ``evaluated and, 
        where appropriate, incorporated''.
    (b) Regulatory Updates.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall update the 
        regulations implementing sections 109, 134, and 135 of title 
        23, United States Code, to clarify the definition of 
        ``consideration of all modes''.
            (2) Inclusions.--The updates under paragraph (1) shall--
                    (A) outline accepted methods for formal evaluation 
                on all modes of transportation, including pedestrians 
                and cyclists, that will count as adequate consideration 
                of all modes;
                    (B) differentiate between urban and suburban, 
                rural, and natural area design guidelines for 
                pedestrian and cycling infrastructure, consistent with 
                the Bikeway Selection Guide published by the Federal 
                Highway Administration and dated February 2019 (or a 
                successor document);
                    (C) take into consideration the land use context 
                surrounding the road or highway; and
                    (D) affirm the necessity of complete multimodal 
                networks.
    (c) Categorical Exceptions.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall develop a list 
        of categorical design exceptions from standards developed under 
        section 109(c) of title 23, United States Code, for categories 
        of multimodal projects and features on Federal-aid highways.
            (2) Inclusions.--The list developed under paragraph (1) 
        shall include categories of multimodal projects and features 
        that--
                    (A) are recommended by the Federal Highway 
                Administration, including Proven Safety 
                Countermeasures;
                    (B) improve safety for vulnerable road users; and
                    (C) are currently subject to the design exception 
                process.
            (3) Update.--Not less frequently than every 5 years, the 
        Administrator shall update the list under paragraph (1).
    (d) Multimodal Review.--
            (1) In general.--For each program described in paragraph 
        (3), the Secretary shall include as part of the funding 
        application for projects in urbanized areas a process for 
        indicating that the applicant has considered multimodal 
        infrastructure and concluded that the final design will not 
        include facilities for nonmotorized forms of transportation.
            (2) Inclusions.--The process referred to in paragraph (1) 
        shall include clear criteria, including--
                    (A) the availability of rights-of-way;
                    (B) the presence or absence of facilities on nearby 
                parallel routes, or the possibility of providing 
                facilities that meet the standards established in 
                regulations implementing sections 109, 134, and 135 of 
                title 23, United States Code;
                    (C) latent demand or potential for active 
                transportation trips, including consideration of future 
                land use; and
                    (D) other criteria, as determined by the 
                Administrator.
            (3) Programs described.--A program referred to in paragraph 
        (1) is any of the following:
                    (A) The Strengthening Mobility and Revolutionizing 
                Transportation Grant Program established under section 
                25005(b) of the Infrastructure Investment and Jobs Act 
                (23 U.S.C. 502 note; Public Law 117-58).
                    (B) Competitive awards under the Promoting 
                Resilient Operations for Transformative, Efficient, and 
                Cost-saving Transportation (PROTECT) program under 
                section 176(d) of title 23, United States Code.
                    (C) The advanced transportation technologies and 
                innovative mobility deployment grant program under 
                section 503(c)(4) of title 23, United States Code 
                (commonly known as the ``ATTAIN program'').
    (e) Connected Networks.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall publish guidance 
        on connected networks that accommodate all modes and users, 
        including--
                    (A) design guidance for multimodal streets that 
                include transit and freight networks;
                    (B) context-sensitive design considerations that 
                account for the distinct needs of urban, rural, and 
                suburban roads; and
                    (C) methods to address conflicts between modes when 
                there is not sufficient right-of-way to accommodate 
                separate facilities for all users in a single street, 
                including reductions in design speed, designs to 
                improve vulnerable road user visibility, and other 
                features.
            (2) Prioritization.--Guidance published under paragraph (1) 
        shall prioritize designs that ensure that all users have access 
        to safe, comfortable, reliable, and healthy transportation 
        options.
    (f) Transit Facilities.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator and the Administrator 
        of the Federal Transit Administration shall jointly issue 
        guidelines relating to placement of bus stops and associated 
        roadway design.
            (2) Inclusions.--The guidelines issued under paragraph (1) 
        shall--
                    (A) include provisions for locating and designing 
                bus stops in various operating environments that 
                consider convenience, safety, pedestrian accessibility, 
                accessibility for individuals with disabilities, 
                proximity to key destinations, density, and transit 
                operations;
                    (B) include considerations of roadside factors, bus 
                stop zone design types, roadway and intersection 
                design, placement, and location;
                    (C) provide for a variety of local contexts, 
                including urban, suburban, and rural road conditions;
                    (D) outline best practices for coordination between 
                street departments, public transportation authorities, 
                planning departments, and other relevant authorities on 
                design issues;
                    (E) consider resources published during the 
                preceding 10 years that provide guidelines for the 
                location, design, user need, and context for transit 
                facilities on streets, including the American 
                Association of State Highway and Transportation 
                Officials guide entitled ``Guide for Geometric Design 
                of Transit Facilities on Highways and Streets'' and 
                published July 2014, and the guide of the National 
                Association of City Transportation Officials entitled 
                ``Transit Street Design Guide'' and published April 
                2016; and
                    (F) prioritize pedestrian and bicycle access to 
                transit and proximity to key destinations.
            (3) Grant recipients.--Beginning not later than 2 years 
        after the date of enactment of this Act, the Administrator of 
        the Federal Transit Administration shall ensure that a 
        recipient of funds under section 5309 of title 49, United 
        States Code, shall be provided the guidelines issued under 
        paragraph (1).
            (4) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a report that--
                    (A) describes the guidelines adopted by the 
                Administrator supporting on-road transit vehicle 
                accommodation, including guidance on issues such as 
                turning radii, lane widths, bus lanes, bus stop 
                placement, and transit signal priorities; and
                    (B) notes whether the Administrator has adopted the 
                guide of the American Association of State Highway and 
                Transportation Officials entitled ``Guide for Geometric 
                Design of Transit Facilities on Highways and Streets'' 
                and published July 2014, the guide of the National 
                Association of City Transportation Officials entitled 
                ``Transit Street Design Guide'' and published April 
                2016, or another transit facility guide, and if not, 
                the reasons why not.
    (g) Value of Time Guidance.--Section 6702(d) of title 49, United 
States Code, is amended--
            (1) by redesignating paragraphs (5) through (7) as 
        paragraphs (6) through (8), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) Value of time.--In selecting projects to receive 
        grants under the program and analyzing the benefits and costs 
        of proposed projects, the Secretary shall not consider higher 
        speed limits for motorized vehicles to be a contributor to 
        value of travel time benefits for roads that are not freeways 
        or on the Interstate System.''.
    (h) Study; Report.--Not later than 2 years after the date of 
enactment of this Act, the Administrator shall--
            (1) carry out a study on the design factors that 
        contributed to fatal crashes on a representative sample of 
        Federal-aid highways, including crashes involving pedestrians 
        and cyclists; and
            (2) submit to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report that 
        includes the results of the study under paragraph (1).

SEC. 5. STATE GUIDANCE.

    (a) Timely Updates to State Guidance and Standards.--Not later than 
2 years after the date of enactment of this Act, as a condition of the 
receipt of funds under title 23, United States Code, each State shall 
notify the Secretary whether the State has updated the highway design 
manuals of the State to reflect guidance of the Administrator relating 
to controlling criteria for design of lower speed non-freeway roadways.
    (b) Safety of Vulnerable Road Users.--Section 150(d) of title 23, 
United States Code, is amended--
            (1) in paragraph (1), by striking ``Not later than'' and 
        inserting ``Subject to paragraph (3), not later than''; and
            (2) by adding at the end the following:
            ``(3) Highway safety improvement program.--In establishing 
        performance targets that reflect the measures identified in 
        subsection (c)(4), the target for vulnerable road user 
        fatalities shall not exceed the total number of vulnerable road 
        user fatalities for the previous target period in that 
        State.''.

SEC. 6. SAFE STREETS FOR ALL COMMUNITIES.

    Section 24112 of the Infrastructure Investment and Jobs Act (23 
U.S.C. 402 note; Public Law 117-58) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(5) Small community.--The term `small community' has the 
        meaning given the term `small and rural community' in section 
        28(a) of the Stevenson-Wydler Technology Innovation Act of 1980 
        (15 U.S.C. 3722a(a)).'';
            (2) in subsection (c), by adding at the end the following:
            ``(3) Small communities.--
                    ``(A) In general.--Of the total amount made 
                available to carry out the program for each fiscal 
                year, not less than 10 percent shall be set aside for 
                projects carried out by, or for the benefit of, a small 
                community that each have--
                            ``(i) a total estimated cost of less than 
                        $1,000,000; and
                            ``(ii) an estimated completion date of not 
                        more than 5 years.
                    ``(B) Application.--The Secretary may develop a 
                modified application process for projects described in 
                subparagraph (A) that reflects small community capacity 
                and project needs.
                    ``(C) Considerations.--In selecting projects under 
                subparagraph (A), the Secretary shall give priority to 
                projects that can demonstrate ineligibility or 
                inability to obtain State funding due to the size of 
                the project.'';
            (3) in subsection (e)--
                    (A) by striking ``The Federal share'' and inserting 
                the following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share''; and
                    (B) by adding at the end the following:
            ``(2) Small communities.--In the case of a grant for a 
        project described in subsection (c)(3)(A) for which the 
        applicant can demonstrate a funding commitment from a State or 
        local entity, the Secretary may increase the Federal share of 
        the cost of the project up to 90 percent.''; and
            (4) in subsection (g), by adding at the end the following:
            ``(3) Assistance.--The Secretary shall provide assistance 
        to eligible entities that receive a grant under the program in 
        collecting and meaningfully using data relating to nonmotorized 
        travelers for planning and decisionmaking with respect to a 
        project carried out with funds from the grant, particularly 
        nonmotorized traveler volume data.''.
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