[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3964 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3964

  To amend title 23, United States Code, with respect to the highway 
          safety improvement program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2024

 Mr. Cardin (for himself, Ms. Baldwin, 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 amend title 23, United States Code, with respect to the highway 
          safety improvement program, 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 ``Sarah Debbink Langenkamp Active 
Transportation Safety Act''.

SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) Highway Safety Improvement Project.--Section 148(a)(4)(B) of 
title 23, United States Code, is amended--
            (1) in clause (xxix), by striking ``through (xxviii)'' and 
        inserting ``through (xxx)'';
            (2) by redesignating clause (xxix) as clause (xxxi); and
            (3) 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).''.
    (b) Treatment of Certain Projects and Strategies Related to 
Vulnerable Road Users.--
            (1) Vulnerable road user safety assessment.--Section 148(l) 
        of title 23, United States Code, is amended by adding at the 
        end the following:
            ``(8) Consistency with state strategic highway safety 
        plan.--
                    ``(A) In general.--A project or strategy for 
                reducing safety risks to vulnerable road users shall be 
                treated as consistent with a State strategic highway 
                safety plan if--
                            ``(i) the relevant State strategic highway 
                        safety plan includes an emphasis area related 
                        to vulnerable road users; and
                            ``(ii) the project or strategy--
                                    ``(I) was described in a program of 
                                projects or strategies developed 
                                pursuant to paragraph (2)(B);
                                    ``(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 (4)(B) 
                                and through a planning process and 
                                data-based analysis; or
                                    ``(III) is a Proven Safety 
                                Countermeasure, as determined by the 
                                Federal Highway Administration.
                    ``(B) 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; Public Law 117-58)); or
                            ``(viii) any other safety plan, as 
                        determined by the Secretary.''.
            (2) Eligible projects.--Section 148(e)(1) of title 23, 
        United States Code, is amended--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(D) a project or strategy that is treated as 
                consistent with a State strategic highway safety plan 
                under subsection (l)(8).''.
    (c) Federal Share of Certain Highway Safety Improvement Projects.--
            (1) In general.--Section 148(j) of title 23, United States 
        Code, is amended--
                    (A) 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)''; and
                    (B) 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).''.
            (2) Flexible financing.--Section 133(h)(7) of title 23, 
        United States Code, is amended--
                    (A) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (B) 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 the project--
                            ``(i) includes a Proven Safety 
                        Countermeasure for bicyclists or pedestrians, 
                        as determined by the Federal Highway 
                        Administration; or
                            ``(ii) is consistent with the State 
                        strategic highway safety plan as described in 
                        section 148(l)(8).''.
            (3) 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''.
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