II 118th CONGRESS 2d Session S. 3964 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. Short title This Act may be cited as the Sarah Debbink Langenkamp Active Transportation Safety Act . 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 .