This bill amends Title 23 to broaden what the Highway Safety Improvement Program (HSIP) will pay for and to loosen matching rules for certain active-transportation projects. It adds explicit HSIP eligibility for connecting existing bicyclist and pedestrian infrastructure and for projects that reduce risks to ‘vulnerable road users’ when those projects are included in a program of projects or strategies.
Operationally, the measure permits a Federal share of up to 100 percent for these newly eligible active-transportation projects when funded from the HSIP apportionment under 104(b)(3). It also changes flexible-financing language so HSIP funds can be credited toward the non‑Federal share in specific circumstances and expands the list of safety plans that qualify for that treatment.
The effect is to lower local match barriers and incentivize proven pedestrian and bicycle safety countermeasures, while shifting some funding pressure to the Federal level.
At a Glance
What It Does
SB944 amends 23 U.S.C. §148(a)(4)(B), §148(j), §133(h)(7), and §120(c)(1) to (1) add two new HSIP-eligible project types for active transportation, (2) allow up to a 100% Federal share for those projects when funded under 104(b)(3), and (3) let HSIP funds count toward non‑Federal match if projects meet criteria tied to proven countermeasures or qualifying safety plans.
Who It Affects
State departments of transportation, metropolitan planning organizations, local governments (including Tribal governments), and entities that design or build pedestrian/bicycle infrastructure will be directly affected. The Federal Highway Administration gains formal authority to designate 'Proven Safety Countermeasures' and to accept a broader range of safety plans for match crediting.
Why It Matters
The bill removes a common financial barrier to local active-transportation projects by enabling full Federal funding in specific cases and by allowing HSIP funds to substitute for local match. That changes incentives for project selection and could accelerate pedestrian and bicycle safety investments nationwide.
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What This Bill Actually Does
SB944 makes two linked changes to how highway safety dollars can be used. First, it adds two explicit project categories to HSIP eligibility: reconnecting or linking existing pedestrian and bicycle facilities, and projects or strategies that reduce safety risks to 'vulnerable road users' when they are included in an HSIP program of projects.
Those additions make common active-transportation interventions — gaps in a bike network, short pedestrian connectors, and localized countermeasures aimed at bicyclists and pedestrians — eligible for HSIP funding under the statutory list.
Second, the bill relaxes match and financing rules so States and local partners face fewer financial hurdles. It allows the Federal share to reach 100 percent for eligible active-transportation HSIP projects funded from the 104(b)(3) apportionment and changes flexible-financing rules to permit calculation of the non‑Federal share on a program basis.
It also creates a pathway to credit funds made available for HSIP toward the non‑Federal share of projects under Section 133(h) when the project includes an FHWA‑designated 'Proven Safety Countermeasure' for pedestrians or bicyclists, aligns with a State strategic emphasis area for vulnerable road users, or was identified through specified local planning and consultation.The bill also lists the types of safety plans that qualify for match‑credit treatment — examples include pedestrian/bicyclist safety plans, Complete Streets plans, Vision Zero plans, ADA Transition Plans, Tribal transportation safety plans, and the IIJA's comprehensive safety action plans — while reserving the Secretary's discretion to accept other plans. Finally, it amends the provision that governs increased Federal shares to explicitly include Proven Safety Countermeasures for bicyclists and pedestrians in the class of measures eligible for higher Federal participation.
The Five Things You Need to Know
SB944 amends 23 U.S.C. §148(a)(4)(B) to add two new HSIP-eligible project types: (xxix) connection of two or more segments of existing bicyclist or pedestrian infrastructure and (xxx) projects that reduce safety risks to vulnerable road users described in an HSIP program of projects.
The bill allows the Federal share of an HSIP project funded from the 104(b)(3) apportionment to be up to 100 percent when the project falls under the new clauses (xxix) or (xxx).
It revises 23 U.S.C. §133(h)(7) to permit calculation of the non‑Federal share on a project, multiple-project, or program basis and to let the Federal share of an individual project be up to 100 percent under that subsection.
HSIP funds may be credited toward the non‑Federal share of projects under §133(h) if the project includes an FHWA-determined 'Proven Safety Countermeasure' for bicyclists or pedestrians, aligns with a State strategic emphasis on vulnerable road users, or was included in an HSIP program of projects or identified by a local government/MPO/RTPO after consultation and data-based planning.
Section 120(c)(1) is amended to add 'Proven Safety Countermeasures for bicyclists or pedestrians' to the list of items eligible for an increased Federal share.
Section-by-Section Breakdown
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Adds active-transportation project eligibility
This amendment inserts two new clauses into the statutory list of qualifying Highway Safety Improvement Program projects. Clause (xxix) explicitly allows funding to connect existing bicyclist or pedestrian segments — the kind of short links that make networks usable. Clause (xxx) permits funding of projects or strategies that reduce risks to vulnerable road users when those projects appear in an HSIP program of projects. Practically, this changes what States can program as HSIP investments and brings many pedestrian and bicycle gap-filling projects onto an otherwise vehicle-focused eligibility list.
Authorizes up to 100% Federal share for new HSIP project types
The bill creates a carve-out in the Federal share rules: when a qualifying active-transportation project (the new clauses) is paid for from the HSIP apportionment under 104(b)(3), the Federal share may be increased up to 100 percent. That removes the standard non‑Federal match requirement for those projects in many cases, lowering a major financing barrier for local and State agencies seeking to build pedestrian and bicycle infrastructure.
Flexible financing and crediting HSIP funds toward non‑Federal share
This section rewrites flexible-financing language to allow non‑Federal shares to be calculated on a project, multiple-project, or program basis and to permit the Federal share for individual projects to reach 100 percent. It adds a new crediting rule: funds made available for HSIP may be counted toward the non‑Federal share of projects under §133(h) if the project includes an FHWA‑designated Proven Safety Countermeasure for pedestrians or bicyclists, is tied to a State emphasis area for vulnerable road users, or was described in an HSIP program of projects or identified locally through required consultation and data-based planning. The bill also enumerates which safety plans qualify for that treatment (Complete Streets, Vision Zero, ADA transition plans, Tribal plans, IIJA comprehensive safety action plans, etc.).
Proven pedestrian/bicycle countermeasures eligible for increased Federal share
SB944 explicitly adds 'Proven Safety Countermeasures for bicyclists or pedestrians' to the examples of items that can receive an increased Federal share under section 120. That directs FHWA to treat certain vetted pedestrian and bicycle countermeasures similarly to traditional roadway safety improvements when calculating higher Federal participation rates.
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Explore Transportation in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Pedestrians and bicyclists: The statute now explicitly funds projects that connect networks and reduce risks to vulnerable road users, which should increase the number and quality of walk/bike safety projects.
- Local governments and MPOs: Removing or reducing local match requirements for qualifying projects lowers a major funding barrier and makes it easier to deliver short connectors, crossings, and targeted countermeasures.
- States prioritizing vulnerable road users: States that include vulnerable-road-user emphasis areas in their strategic safety plans can leverage crediting rules and higher Federal shares to accelerate those priorities.
- Tribal governments and underserved communities: Tribal transportation safety plans are explicitly listed among qualifying plans, improving tribes' access to HSIP-related match crediting.
- People with disabilities and ADA advocates: ADA Transition Plans are listed as qualifying documents, which increases the likelihood that accessibility-focused improvements can receive HSIP funding or match credit.
Who Bears the Cost
- Federal government (U.S. Treasury): Allowing up to a 100 percent Federal share for a broader set of projects increases potential Federal outlays compared with current cost-sharing norms.
- State DOTs: States will manage program changes, implement more active-transportation projects, and balance HSIP priorities; administrative and planning workloads will increase.
- Small local governments and under-resourced MPOs: To access match crediting, jurisdictions must participate in planning, consultation, and data-based analysis; those with limited planning capacity may need to hire consultants or defer projects.
- FHWA and USDOT: The agencies must define 'Proven Safety Countermeasures,' approve 'other' qualifying safety plans at the Secretary's discretion, and monitor crediting to prevent double-counting — an increased oversight burden.
- Other HSIP projects and priorities: As more funds flow toward active-transportation projects, roadway-focused safety initiatives could face tighter competition for HSIP allocations at the State level.
Key Issues
The Core Tension
The bill balances two legitimate goals that pull in opposite directions: reduce local match barriers to accelerate pedestrian and bicycle safety investments versus control Federal spending and ensure rigorous, evidence-based selection. Granting up to a 100 percent Federal share can fast‑track active-transportation projects, but it increases Federal fiscal exposure, relies on discretionary FHWA determinations, and shifts long-term maintenance obligations to local owners — a trade-off with no clean technical fix.
The bill creates useful incentives but leaves several operational questions unanswered. Key definitional discretion sits with FHWA and the Secretary — e.g., what counts as a 'Proven Safety Countermeasure' and which 'other' safety plans the Secretary will accept.
Those determinations will shape which projects actually receive full Federal funding and which jurisdictions can use HSIP funds for match. Without clear criteria and timelines for FHWA guidance, States and localities may face uncertainty and inconsistent application across regions.
Crediting HSIP funds toward the non‑Federal share raises accounting and audit risks. The statute permits layered financing and program-level match calculations; absent strict controls, jurisdictions could inadvertently double-count Federal funds or create match shortfalls later in a program's life.
The measure also does not address long-term operations and maintenance costs for new active-transportation facilities; shifting capital costs to the Federal level may leave local entities to cover ongoing maintenance without additional resources. Finally, the requirement that some projects be identified through planning and data-driven analysis advantages jurisdictions with planning capacity and could widen disparities unless technical assistance accompanies the policy.
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