II 

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. 

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 ‘‘Sarah Debbink 

5 Langenkamp Active Transportation Safety Act’’. 

6 SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

7 (a) HIGHWAY SAFETY IMPROVEMENT PROJECT.— 

8 Section 148(a)(4)(B) of title 23, United States Code, is 

9 amended— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 3964 IS

1 (1) in clause (xxix), by striking ‘‘through 

2 (xxviii)’’ and inserting ‘‘through (xxx)’’; 

3 (2) by redesignating clause (xxix) as clause 

4 (xxxi); and 

5 (3) by inserting after clause (xxviii) the fol6 lowing: 

7 ‘‘(xxix) The connection of 2 or more 

8 segments of existing bicyclist or pedestrian 

9 infrastructure. 

10 ‘‘(xxx) The reduction of safety risks to 

11 vulnerable road users through a project or 

12 strategy described in a program of projects 

13 or strategies developed pursuant to sub14 section (l)(2)(B).’’. 

15 (b) TREATMENT OF CERTAIN PROJECTS AND STRAT16 EGIES RELATED TO VULNERABLE ROAD USERS.— 

17 (1) VULNERABLE ROAD USER SAFETY ASSESS18 MENT.—Section 148(l) of title 23, United States 

19 Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘(8) CONSISTENCY WITH STATE STRATEGIC

22 HIGHWAY SAFETY PLAN.— 

23 ‘‘(A) IN GENERAL.—A project or strategy 

24 for reducing safety risks to vulnerable road 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 3964 IS

1 users shall be treated as consistent with a State 

2 strategic highway safety plan if— 

3 ‘‘(i) the relevant State strategic high4 way safety plan includes an emphasis area 

5 related to vulnerable road users; and 

6 ‘‘(ii) the project or strategy— 

7 ‘‘(I) was described in a program 

8 of projects or strategies developed 

9 pursuant to paragraph (2)(B); 

10 ‘‘(II) was identified by a local 

11 government, metropolitan planning or12 ganization, or regional transportation 

13 planning organization, including in a 

14 safety plan described in subparagraph 

15 (B), as addressing 1 or more areas of 

16 high risk to vulnerable road users 

17 during the consultation process re18 quired under paragraph (4)(B) and 

19 through a planning process and data20 based analysis; or 

21 ‘‘(III) is a Proven Safety Coun22 termeasure, as determined by the 

23 Federal Highway Administration. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 3964 IS

1 ‘‘(B) SAFETY PLANS DESCRIBED.—A safe2 ty plan referred to in subparagraph (A)(ii)(II) 

3 is— 

4 ‘‘(i) a pedestrian or bicyclist safety 

5 plan; 

6 ‘‘(ii) a Complete Streets plan; 

7 ‘‘(iii) a local roadway safety plan; 

8 ‘‘(iv) a Vision Zero Action Plan; 

9 ‘‘(v) a transition plan described in 

10 section 35.150(d) of title 28, Code of Fed11 eral Regulations (or successor regulations) 

12 (commonly known as an ‘ADA Transition 

13 Plan’); 

14 ‘‘(vi) a Tribal transportation safety 

15 plan; 

16 ‘‘(vii) a comprehensive safety action 

17 plan (as defined in section 24112(a) of the 

18 Infrastructure Investment and Jobs Act 

19 (23 U.S.C. 402 note; Public Law 117– 

20 58)); or 

21 ‘‘(viii) any other safety plan, as deter22 mined by the Secretary.’’. 

23 (2) ELIGIBLE PROJECTS.—Section 148(e)(1) of 

24 title 23, United States Code, is amended— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 3964 IS

1 (A) in subparagraph (B), by striking ‘‘or’’ 

2 at the end; 

3 (B) in subparagraph (C), by striking the 

4 period at the end and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(D) a project or strategy that is treated 

7 as consistent with a State strategic highway 

8 safety plan under subsection (l)(8).’’. 

9 (c) FEDERAL SHARE OF CERTAIN HIGHWAY SAFETY

10 IMPROVEMENT PROJECTS.— 

11 (1) IN GENERAL.—Section 148(j) of title 23, 

12 United States Code, is amended— 

13 (A) by striking ‘‘Except as provided in sec14 tions 120 and 130’’ and inserting the following: 

15 ‘‘(1) IN GENERAL.—Except as provided in sec16 tions 120 and 130 and paragraph (2)’’; and 

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

18 ‘‘(2) EXCEPTION.—Notwithstanding any other 

19 provision of law, the Federal share of the cost of a 

20 highway safety improvement project carried out with 

21 funds apportioned to a State under section 

22 104(b)(3) may be up to 100 percent if the project 

23 is a project described in clause (xxix) or (xxx) of 

24 subsection (a)(4)(B).’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 3964 IS

1 (2) FLEXIBLE FINANCING.—Section 133(h)(7) 

2 of title 23, United States Code, is amended— 

3 (A) by redesignating subparagraph (C) as 

4 subparagraph (D); and 

5 (B) by striking subparagraph (B) and in6 serting the following: 

7 ‘‘(B) FLEXIBLE FINANCING.—Notwith8 standing section 120— 

9 ‘‘(i) the non-Federal share for a 

10 project under this subsection may be cal11 culated on a project, multiple-project, or 

12 program basis; and 

13 ‘‘(ii) the Federal share of the cost of 

14 an individual project under this subsection 

15 may be up to 100 percent. 

16 ‘‘(C) TREATMENT AS NON-FEDERAL

17 SHARE.—Notwithstanding any other provision 

18 of law, funds made available to carry out sec19 tion 148 may be credited toward the non-Fed20 eral share of the costs of a project under this 

21 subsection if the project— 

22 ‘‘(i) includes a Proven Safety Coun23 termeasure for bicyclists or pedestrians, as 

24 determined by the Federal Highway Ad25 ministration; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•S 3964 IS

1 ‘‘(ii) is consistent with the State stra2 tegic highway safety plan as described in 

3 section 148(l)(8).’’. 

4 (3) INCREASED FEDERAL SHARE FOR PROVEN

5 SAFETY COUNTERMEASURES.—Section 120(c)(1) of 

6 title 23, United States Code, is amended, in the first 

7 sentence, by inserting ‘‘Proven Safety Counter8 measures for bicyclists or pedestrians (as determined 

9 by the Federal Highway Administration),’’ before 

10 ‘‘breakaway utility poles’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB