[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 508 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 508

 To amend title 23, United States Code, to include a special rule for 
 the dedication of funds under the highway safety improvement program 
         for certain vulnerable users, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2021

 Ms. Brownley (for herself and Mr. Espaillat) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to include a special rule for 
 the dedication of funds under the highway safety improvement program 
         for certain vulnerable users, 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 ``Safe And Friendly for the 
Environment Streets Act'' or the ``SAFE Streets Act''.

SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    Section 148 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(B)(xiii) by inserting ``, 
                including the development of a vulnerable road user 
                safety assessment under section 1601 of the SAFE 
                Streets Act'' after ``safety planning'';
                    (B) in paragraph (11)--
                            (i) by redesignating subparagraphs (G) 
                        through (I) as subparagraphs (H) through (J); 
                        and
                            (ii) by inserting after subparagraph (F) 
                        the following:
                    ``(G) includes a vulnerable road user safety 
                assessment described under paragraph (16);''; and
                    (C) by adding at the end the following:
            ``(13) Vulnerable road user.--The term `vulnerable road 
        user' means a nonmotorist--
                    ``(A) with a fatality analysis reporting system 
                person attribute code that is included in the 
                definition of the term `number of non-motorized 
                fatalities' in section 490.205 of title 23, Code of 
                Federal Regulations (or successor regulation); or
                    ``(B) described in the term `number of non-
                motorized serious injuries' in such section.
            ``(14) Vulnerable road user safety assessment.--The term 
        `vulnerable road user safety assessment' means an assessment of 
        the safety performance of the State or a metropolitan planning 
        organization within the State with respect to vulnerable road 
        users and the plan of the State or metropolitan planning 
        organization to improve the safety of vulnerable road users 
        described in subsection (l).'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``(a)(11)'' and 
                inserting ``(a)(13)''; and
                    (B) in paragraph (2)(A)(vi) by inserting ``, 
                consistent with the vulnerable road user safety 
                assessment'' after ``nonmotorized crashes'';
            (3) in subsection (d)(1)(B)--
                    (A) in clause (iv) by inserting ``and serious 
                injury'' after ``fatality'';
                    (B) in clause (vii) by striking ``; and'' and 
                inserting a semicolon;
                    (C) by redesignating clause (viii) as clause (ix); 
                and
                    (D) by inserting after clause (vii) the following:
                            ``(viii) the findings of a vulnerable road 
                        user safety assessment of the State; and'';
            (4) in subsection (g) by adding at the end the following:
            ``(3) Vulnerable road user safety.--
                    ``(A) In general.--Beginning on the date of 
                enactment of the SAFE Streets Act, if a State 
                determines that the number of vulnerable road user 
                fatalities and serious injuries per capita in such 
                State over the most recent 2-year period for which data 
                are available exceeds the median number of such 
                fatalities and serious injuries per capita among all 
                States, that State shall be required to obligate over 
                the 2 fiscal years following the fiscal year in which 
                such determination is made an amount that is not less 
                than 75 percent of the amount set aside in such State 
                under section 133(h)(1) for fiscal year 2020, less any 
                amounts obligated by a metropolitan planning 
                organization in the State as required by subparagraph 
                (D), for--
                            ``(i) in the first fiscal year--
                                    ``(I) performing the vulnerable 
                                user safety assessment as prescribed by 
                                subsection (l);
                                    ``(II) providing matching funds for 
                                transportation alternatives safety 
                                project as identified in section 
                                133(h)(7)(B); and
                                    ``(III) projects eligible under 
                                section 133(h)(3)(A), (B), (C), or (I); 
                                and
                            ``(ii) in each fiscal year thereafter, the 
                        program of projects identified in subsection 
                        (l)(2)(C).
                    ``(B) Source of funds.--Any amounts obligated under 
                subparagraph (A) shall be from amounts described in 
                section 133(d)(1)(B) or 104(b)(3).
                    ``(C) Annual determination.--The determination 
                described under subparagraph (A) shall be made on an 
                annual basis.
                    ``(D) Metropolitan planning area with excessive 
                fatalities and serious injuries per capita.--
                            ``(i) Annual determination.--Beginning on 
                        the date of enactment of the SAFE Streets Act, 
                        a metropolitan planning organization 
                        representing an urbanized area with a 
                        population greater than 200,000 shall annually 
                        determine the number of vulnerable user road 
                        fatalities and serious injuries per capita in 
                        such area over the most recent 2-year period.
                            ``(ii) Requirement to obligate funds.--If 
                        such a metropolitan planning area organization 
                        determines that the number of vulnerable user 
                        road fatalities and serious injuries per capita 
                        in such area over the most recent 2-year period 
                        for which data are available exceeds the median 
                        number of such fatalities and serious injuries 
                        among all urbanized areas with a population of 
                        over 200,000, then there shall be obligated 
                        over the 2 fiscal years following the fiscal 
                        year in which such determination is made an 
                        amount that is not less than 75 percent of the 
                        amount set aside for that urbanized area under 
                        section 133(h)(2) for fiscal year 2020 for 
                        projects identified in the program of projects 
                        described in subsection (l)(7)(C).
                    ``(E) Source of funds.--
                            ``(i) Metropolitan planning organization in 
                        state required to obligate funds.--For a 
                        metropolitan planning organization in a State 
                        required to obligate funds to vulnerable user 
                        safety under subparagraph (A), the State shall 
                        be required to obligate from such amounts 
                        required to be obligated for vulnerable road 
                        user safety under subparagraph (B) for projects 
                        described in subsection (l)(7).
                            ``(ii) Other metropolitan planning 
                        organizations.--For a metropolitan planning 
                        organization that is not located within a State 
                        required to obligate funds to vulnerable user 
                        safety under subparagraph (A), the State shall 
                        be required to obligate from amounts 
                        apportioned under section 104(b)(3) for 
                        projects described in subsection (l)(7).''; and
            (5) by adding at the end the following:
    ``(l) Vulnerable Road User Safety Assessment.--
            ``(1) In general.--Not later than 1 year after date of 
        enactment of the SAFE Streets Act, each State shall create a 
        vulnerable road user safety assessment.
            ``(2) Contents.--A vulnerable road user safety assessment 
        required under paragraph (1) shall include--
                    ``(A) a description of the location within the 
                State of each vulnerable road user fatality and serious 
                injury and the design speed of the roadway at any such 
                location;
                    ``(B) a description of any corridors identified by 
                a State, in coordination with local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations that pose a high 
                risk of a vulnerable road user fatality or serious 
                injury and the design speeds of such corridors;
                    ``(C) a program of projects or strategies to reduce 
                safety risks to vulnerable road users in corridors 
                identified under subparagraph (B), in coordination with 
                local governments, metropolitan planning organizations, 
                and regional transportation planning organizations that 
                represent a high-risk area identified under 
                subparagraph (B); and
                    ``(D) include a list of projects within the State 
                that primarily address the safety of vulnerable road 
                users that--
                            ``(i) have been completed during the 2 most 
                        recent fiscal years prior to date of the 
                        publication of the vulnerable road user safety 
                        assessment, including the amount of funding 
                        that has been dedicated to those projects, 
                        described in total amounts and as a percentage 
                        of total capital expenditures; and
                            ``(ii) are planned to be completed during 
                        the 2 fiscal years following the date of the 
                        publication of the vulnerable road user 
                        assessment, including the amount of funding 
                        that the State plans to be dedicated to those 
                        projects, described in total amounts and as a 
                        percentage of total capital expenditures.
            ``(3) Analysis.--In creating a vulnerable road user safety 
        assessment under this subsection, a State shall assess the last 
        5 years of available data.
            ``(4) Requirements.--In creating a vulnerable road user 
        safety assessment under this subsection, a State shall--
                    ``(A) take into consideration a safe system 
                approach; and
                    ``(B) coordinate with local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations that represent a 
                high-risk area identified under paragraph (2)(B).
            ``(5) Update.--A State shall update a vulnerable road user 
        safety assessment on the same schedule as the State updates the 
        State strategic highway safety plan.
            ``(6) Transportation system access.--The program of 
        projects developed under paragraph (2)(C) may not degrade 
        transportation system access for vulnerable road users.
            ``(7) Metropolitan planning area assessments.--A 
        metropolitan planning organization that represents an urbanized 
        area with a population greater than 200,000 shall complete a 
        vulnerable user safety assessment based on the most recent 5 
        years of available data, unless an assessment was completed in 
        the previous 5 years, including--
                    ``(A) a description of the location within the 
                urbanized area of each vulnerable road user fatality 
                and serious injury and the design speed of the roadway 
                at any such location;
                    ``(B) a description of any corridors that represent 
                a high-risk area identified under paragraph (2)(B) that 
                pose a high risk of a vulnerable road user fatality or 
                serious injury and the design speeds of such corridors; 
                and
                    ``(C) a program of projects or strategies to reduce 
                safety risks to vulnerable road users in corridors 
                identified under subparagraph (B).''.
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