H.R. 10433

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10433 Introduced in House (IH)]

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118th CONGRESS
2d Session
H. R. 10433

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 HOUSE OF REPRESENTATIVES

December 16, 2024

Mr. Moulton introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure

_______________________________________________________________________

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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