(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).

(A)

by redesignating subparagraph (C) as subparagraph (E); 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—

(i)

the project includes a Proven Safety Countermeasure for bicyclists or pedestrians, as determined by the Federal Highway Administration;

(ii)

the relevant State strategic highway safety plan includes an emphasis area related to vulnerable road users; or

(iii)

the proposed project—

(I)

was described in a program of projects or strategies developed pursuant to section 148(l); or

(II)

was identified by a local government, metropolitan planning organization, or regional transportation planning organization, including in a safety plan described in subparagraph (D), as addressing 1 or more areas of high risk to vulnerable road users during the consultation process required under section 148(l)(4)(B) and through a planning process and data-based analysis.

(D) Safety plans described

A safety plan referred to in subparagraph (C)(iii)(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.