II 

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. 

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 ‘‘Building Safer Streets 

5 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Federal 

10 Highway Administration. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Transportation. 

3 SEC. 3. MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. 

4 (a) IN GENERAL.—Section 109(d)(2) of title 23, 

5 United States Code, is amended— 

6 (1) by striking ‘‘Not later than’’ and inserting 

7 the following: 

8 ‘‘(A) IN GENERAL.—Not later than’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(B) PUBLIC ACCOUNTABILITY.— 

11 ‘‘(i) IN GENERAL.—For the most re12 cent published edition of the Manual on 

13 Uniform Traffic Control Devices (as of the 

14 date of enactment of the Building Safer 

15 Streets Act), and not later than 1 year 

16 after the date of publication of each subse17 quent update of the Manual on Uniform 

18 Traffic Control Devices, the Secretary shall 

19 publish documentation explaining all spe20 cific prohibitions against devices or de21 signs, including— 

22 ‘‘(I) any considerations to allow 

23 local flexibility; 

24 ‘‘(II) research in support of the 

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1 tively prohibit a design or practice; 

2 and 

3 ‘‘(III) proof of compliance with 

4 Federal law (including regulations). 

5 ‘‘(ii) NATIONAL COMMITTEE ON UNI6 FORM TRAFFIC CONTROL DEVICES.—With 

7 respect to updates to the Manual on Uni8 form Traffic Control Devices after the 

9 most recent published edition described in 

10 clause (i), the Secretary shall request that 

11 the National Committee on Uniform Traf12 fic Control Devices provide documentation 

13 of the decisions made during the update 

14 process with respect to recommendations 

15 provided to the Secretary by the National 

16 Committee.’’. 

17 (b) UPDATES TO MANUAL ON UNIFORM TRAFFIC

18 CONTROL DEVICES.—Section 11135 of the Infrastructure 

19 Investment and Jobs Act (23 U.S.C. 109 note; Public Law 

20 117–58) is amended— 

21 (1) in paragraph (3), by adding ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (4), by striking ‘‘; and’’ and 

24 inserting a period; and 

25 (3) by striking paragraph (5). 


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1 (c) GAO STUDY.— 

2 (1) IN GENERAL.—The Comptroller General of 

3 the United States shall conduct a study on the use 

4 of the Manual on Uniform Traffic Control Devices 

5 (referred to in this subsection as the ‘‘Manual’’) by 

6 State and local government traffic engineers, plan7 ners, and consultants— 

8 (A) to provide an estimate of the extent to 

9 which practitioners, based on a representative 

10 sample— 

11 (i) exercise engineering discretion as 

12 permitted by the Manual for street designs 

13 intended to increase safety and improve 

14 multimodal access; and 

15 (ii) feel constrained or otherwise dis16 couraged from implementing alternative 

17 street designs that improve safety out18 comes by the guidelines in the Manual; 

19 (B) to estimate the average increases in 

20 costs and time needed to complete a project 

21 caused by the need to request or otherwise de22 termine an exception to the Manual, including 

23 requirements for engineering studies; and 

24 (C) to identify the types of facilities, 

25 projects, and contexts for which discretion to 


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1 deviate from the Manual are most frequently 

2 sought. 

3 (2) REPORT.—Not later than 2 years after the 

4 date of enactment of this Act, the Comptroller Gen5 eral of the United States shall— 

6 (A) submit to Congress a report that de7 scribes the findings and conclusions of the 

8 study conducted under paragraph (1); and 

9 (B) make the report under subparagraph 

10 (A) publicly available online. 

11 SEC. 4. FEDERAL DESIGN STANDARDS AND GUIDELINES. 

12 (a) STATUTORY DESIGN GUIDELINES.—Section 

13 217(g)(1) of title 23, United States Code, is amended— 

14 (1) in the first sentence, by striking ‘‘given due 

15 consideration’’ and inserting ‘‘accounted for, where 

16 not incompatible,’’; and 

17 (2) in the second sentence, by striking ‘‘consid18 ered, where appropriate, in conjunction’’ and insert19 ing ‘‘evaluated and, where appropriate, incor20 porated’’. 

21 (b) REGULATORY UPDATES.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of enactment of this Act, the Administrator 

24 shall update the regulations implementing sections 

25 109, 134, and 135 of title 23, United States Code, 


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1 to clarify the definition of ‘‘consideration of all 

2 modes’’. 

3 (2) INCLUSIONS.—The updates under para4 graph (1) shall— 

5 (A) outline accepted methods for formal 

6 evaluation on all modes of transportation, in7 cluding pedestrians and cyclists, that will count 

8 as adequate consideration of all modes; 

9 (B) differentiate between urban and subur10 ban, rural, and natural area design guidelines 

11 for pedestrian and cycling infrastructure, con12 sistent with the Bikeway Selection Guide pub13 lished by the Federal Highway Administration 

14 and dated February 2019 (or a successor docu15 ment); 

16 (C) take into consideration the land use 

17 context surrounding the road or highway; and 

18 (D) affirm the necessity of complete 

19 multimodal networks. 

20 (c) CATEGORICAL EXCEPTIONS.— 

21 (1) IN GENERAL.—Not later than 2 years after 

22 the date of enactment of this Act, the Administrator 

23 shall develop a list of categorical design exceptions 

24 from standards developed under section 109(c) of 

25 title 23, United States Code, for categories of 


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1 multimodal projects and features on Federal-aid 

2 highways. 

3 (2) INCLUSIONS.—The list developed under 

4 paragraph (1) shall include categories of multimodal 

5 projects and features that— 

6 (A) are recommended by the Federal High7 way Administration, including Proven Safety 

8 Countermeasures; 

9 (B) improve safety for vulnerable road 

10 users; and 

11 (C) are currently subject to the design ex12 ception process. 

13 (3) UPDATE.—Not less frequently than every 5 

14 years, the Administrator shall update the list under 

15 paragraph (1). 

16 (d) MULTIMODAL REVIEW.— 

17 (1) IN GENERAL.—For each program described 

18 in paragraph (3), the Secretary shall include as part 

19 of the funding application for projects in urbanized 

20 areas a process for indicating that the applicant has 

21 considered multimodal infrastructure and concluded 

22 that the final design will not include facilities for 

23 nonmotorized forms of transportation. 


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1 (2) INCLUSIONS.—The process referred to in 

2 paragraph (1) shall include clear criteria, includ3 ing— 

4 (A) the availability of rights-of-way; 

5 (B) the presence or absence of facilities on 

6 nearby parallel routes, or the possibility of pro7 viding facilities that meet the standards estab8 lished in regulations implementing sections 109, 

9 134, and 135 of title 23, United States Code; 

10 (C) latent demand or potential for active 

11 transportation trips, including consideration of 

12 future land use; and 

13 (D) other criteria, as determined by the 

14 Administrator. 

15 (3) PROGRAMS DESCRIBED.—A program re16 ferred to in paragraph (1) is any of the following: 

17 (A) The Strengthening Mobility and Revo18 lutionizing Transportation Grant Program es19 tablished under section 25005(b) of the Infra20 structure Investment and Jobs Act (23 U.S.C. 

21 502 note; Public Law 117–58). 

22 (B) Competitive awards under the Pro23 moting Resilient Operations for Transformative, 

24 Efficient, and Cost-saving Transportation 


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1 (PROTECT) program under section 176(d) of 

2 title 23, United States Code. 

3 (C) The advanced transportation tech4 nologies and innovative mobility deployment 

5 grant program under section 503(c)(4) of title 

6 23, United States Code (commonly known as 

7 the ‘‘ATTAIN program’’). 

8 (e) CONNECTED NETWORKS.— 

9 (1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this Act, the Administrator 

11 shall publish guidance on connected networks that 

12 accommodate all modes and users, including— 

13 (A) design guidance for multimodal streets 

14 that include transit and freight networks; 

15 (B) context-sensitive design considerations 

16 that account for the distinct needs of urban, 

17 rural, and suburban roads; and 

18 (C) methods to address conflicts between 

19 modes when there is not sufficient right-of-way 

20 to accommodate separate facilities for all users 

21 in a single street, including reductions in design 

22 speed, designs to improve vulnerable road user 

23 visibility, and other features. 

24 (2) PRIORITIZATION.—Guidance published 

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1 sure that all users have access to safe, comfortable, 

2 reliable, and healthy transportation options. 

3 (f) TRANSIT FACILITIES.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Administrator 

6 and the Administrator of the Federal Transit Ad7 ministration shall jointly issue guidelines relating to 

8 placement of bus stops and associated roadway de9 sign. 

10 (2) INCLUSIONS.—The guidelines issued under 

11 paragraph (1) shall— 

12 (A) include provisions for locating and de13 signing bus stops in various operating environ14 ments that consider convenience, safety, pedes15 trian accessibility, accessibility for individuals 

16 with disabilities, proximity to key destinations, 

17 density, and transit operations; 

18 (B) include considerations of roadside fac19 tors, bus stop zone design types, roadway and 

20 intersection design, placement, and location; 

21 (C) provide for a variety of local contexts, 

22 including urban, suburban, and rural road con23 ditions; 

24 (D) outline best practices for coordination 

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1 tation authorities, planning departments, and 

2 other relevant authorities on design issues; 

3 (E) consider resources published during 

4 the preceding 10 years that provide guidelines 

5 for the location, design, user need, and context 

6 for transit facilities on streets, including the 

7 American Association of State Highway and 

8 Transportation Officials guide entitled ‘‘Guide 

9 for Geometric Design of Transit Facilities on 

10 Highways and Streets’’ and published July 

11 2014, and the guide of the National Association 

12 of City Transportation Officials entitled ‘‘Tran13 sit Street Design Guide’’ and published April 

14 2016; and 

15 (F) prioritize pedestrian and bicycle access 

16 to transit and proximity to key destinations. 

17 (3) GRANT RECIPIENTS.—Beginning not later 

18 than 2 years after the date of enactment of this Act, 

19 the Administrator of the Federal Transit Adminis20 tration shall ensure that a recipient of funds under 

21 section 5309 of title 49, United States Code, shall 

22 be provided the guidelines issued under paragraph 

23 (1). 


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1 (4) REPORT.—Not later than 1 year after the 

2 date of enactment of this Act, the Administrator 

3 shall submit to Congress a report that— 

4 (A) describes the guidelines adopted by the 

5 Administrator supporting on-road transit vehi6 cle accommodation, including guidance on 

7 issues such as turning radii, lane widths, bus 

8 lanes, bus stop placement, and transit signal 

9 priorities; and 

10 (B) notes whether the Administrator has 

11 adopted the guide of the American Association 

12 of State Highway and Transportation Officials 

13 entitled ‘‘Guide for Geometric Design of Tran14 sit Facilities on Highways and Streets’’ and 

15 published July 2014, the guide of the National 

16 Association of City Transportation Officials en17 titled ‘‘Transit Street Design Guide’’ and pub18 lished April 2016, or another transit facility 

19 guide, and if not, the reasons why not. 

20 (g) VALUE OF TIME GUIDANCE.—Section 6702(d) of 

21 title 49, United States Code, is amended— 

22 (1) by redesignating paragraphs (5) through 

23 (7) as paragraphs (6) through (8), respectively; and 

24 (2) by inserting after paragraph (4) the fol25 lowing: 


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1 ‘‘(5) VALUE OF TIME.—In selecting projects to 

2 receive grants under the program and analyzing the 

3 benefits and costs of proposed projects, the Sec4 retary shall not consider higher speed limits for mo5 torized vehicles to be a contributor to value of travel 

6 time benefits for roads that are not freeways or on 

7 the Interstate System.’’. 

8 (h) STUDY; REPORT.—Not later than 2 years after 

9 the date of enactment of this Act, the Administrator 

10 shall— 

11 (1) carry out a study on the design factors that 

12 contributed to fatal crashes on a representative sam13 ple of Federal-aid highways, including crashes in14 volving pedestrians and cyclists; and 

15 (2) submit to the Committee on Environment 

16 and Public Works of the Senate and the Committee 

17 on Transportation and Infrastructure of the House 

18 of Representatives a report that includes the results 

19 of the study under paragraph (1). 

20 SEC. 5. STATE GUIDANCE. 

21 (a) TIMELY UPDATES TO STATE GUIDANCE AND

22 STANDARDS.—Not later than 2 years after the date of en23 actment of this Act, as a condition of the receipt of funds 

24 under title 23, United States Code, each State shall notify 

25 the Secretary whether the State has updated the highway 


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1 design manuals of the State to reflect guidance of the Ad2 ministrator relating to controlling criteria for design of 

3 lower speed non-freeway roadways. 

4 (b) SAFETY OF VULNERABLE ROAD USERS.—Section 

5 150(d) of title 23, United States Code, is amended— 

6 (1) in paragraph (1), by striking ‘‘Not later 

7 than’’ and inserting ‘‘Subject to paragraph (3), not 

8 later than’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO11 GRAM.—In establishing performance targets that re12 flect the measures identified in subsection (c)(4), the 

13 target for vulnerable road user fatalities shall not 

14 exceed the total number of vulnerable road user fa15 talities for the previous target period in that State.’’. 

16 SEC. 6. SAFE STREETS FOR ALL COMMUNITIES. 

17 Section 24112 of the Infrastructure Investment and 

18 Jobs Act (23 U.S.C. 402 note; Public Law 117–58) is 

19 amended— 

20 (1) in subsection (a), by adding at the end the 

21 following: 

22 ‘‘(5) SMALL COMMUNITY.—The term ‘small 

23 community’ has the meaning given the term ‘small 

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1 son-Wydler Technology Innovation Act of 1980 (15 

2 U.S.C. 3722a(a)).’’; 

3 (2) in subsection (c), by adding at the end the 

4 following: 

5 ‘‘(3) SMALL COMMUNITIES.— 

6 ‘‘(A) IN GENERAL.—Of the total amount 

7 made available to carry out the program for 

8 each fiscal year, not less than 10 percent shall 

9 be set aside for projects carried out by, or for 

10 the benefit of, a small community that each 

11 have— 

12 ‘‘(i) a total estimated cost of less than 

13 $1,000,000; and 

14 ‘‘(ii) an estimated completion date of 

15 not more than 5 years. 

16 ‘‘(B) APPLICATION.—The Secretary may 

17 develop a modified application process for 

18 projects described in subparagraph (A) that re19 flects small community capacity and project 

20 needs. 

21 ‘‘(C) CONSIDERATIONS.—In selecting 

22 projects under subparagraph (A), the Secretary 

23 shall give priority to projects that can dem24 onstrate ineligibility or inability to obtain State 

25 funding due to the size of the project.’’; 


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1 (3) in subsection (e)— 

2 (A) by striking ‘‘The Federal share’’ and 

3 inserting the following: 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the Federal share’’; and 

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

7 ‘‘(2) SMALL COMMUNITIES.—In the case of a 

8 grant for a project described in subsection (c)(3)(A) 

9 for which the applicant can demonstrate a funding 

10 commitment from a State or local entity, the Sec11 retary may increase the Federal share of the cost of 

12 the project up to 90 percent.’’; and 

13 (4) in subsection (g), by adding at the end the 

14 following: 

15 ‘‘(3) ASSISTANCE.—The Secretary shall provide 

16 assistance to eligible entities that receive a grant 

17 under the program in collecting and meaningfully 

18 using data relating to nonmotorized travelers for 

19 planning and decisionmaking with respect to a 

20 project carried out with funds from the grant, par21 ticularly nonmotorized traveler volume data.’’. 

Æ 


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