I 
111TH CONGRESS 
1ST SESSION H. R. 1443 
To ensure that all users of the transportation system, including pedestrians, 
bicyclists, transit users, children, older individuals, and individuals with 
disabilities, are able to travel safely and conveniently on and across 
federally funded streets and highways. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2009 
Ms. MATSUI (for herself, Mrs. TAUSCHER, Mrs. MALONEY, and Mr. WU) in-
troduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure 
A BILL 
To ensure that all users of the transportation system, includ-
ing pedestrians, bicyclists, transit users, children, older 
individuals, and individuals with disabilities, are able to 
travel safely and conveniently on and across federally 
funded streets and highways. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Complete Streets Act 
of 2009’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) COMPLETE STREET.—The term ‘‘complete 
street’’ means a roadway that accommodates all 
travelers, particularly public transit users, bicyclists, 
pedestrians (including individuals of all ages and in-
dividuals with mobility, sensory, neurological, or hid-
den disabilities), and motorists, to enable all trav-
elers to use the roadway safely and efficiently. 
(2) COMPLETE
STREETS
POLICY; COMPLETE 
STREETS PRINCIPLE.—The terms ‘‘complete streets 
policy’’ and ‘‘complete streets principle’’ mean a 
transportation law, policy, or principle at the local, 
State, regional, or Federal level that ensures— 
(A) the adequate accommodation, in all 
phases of project planning and development, of 
all users of the transportation system, including 
pedestrians, bicyclists, public transit users, chil-
dren, older individuals, motorists, and individ-
uals with disabilities; and 
(B) the consideration of the safety and 
convenience of all users in all phases of project 
planning and development. 
(3) LOCAL JURISDICTION.—The term ‘‘local ju-
risdiction’’ means any unit of local government. 
(4) 
METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘‘metropolitan planning organiza-
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tion’’ has the meaning given the term in section 
134(b) of title 23, United States Code. 
(5) ROADWAY.—The term ‘‘roadway’’ means— 
(A) the defined Federal functional classi-
fication roadway system; 
(B) a roadway system for which funds are 
provided under the equity bonus program under 
section 105 of title 23, United States Code; and 
(C) each bridge structure providing a con-
nection for such a roadway system. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(7) SENIOR MANAGER.—The term ‘‘senior man-
ager’’ means— 
(A) the director of a State department of 
transportation (or a designee); 
(B) the director of a metropolitan planning 
organization (or a designee); and 
(C) the director of a regional, county, or 
city transportation agency that is primarily re-
sponsible for planning and approval of trans-
portation projects (or a designee). 
(8) 
TRANSPORTATION
IMPROVEMENT
PRO-
GRAM.—The term ‘‘transportation improvement pro-
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safety and convenience of all users in accordance 
with complete streets principles. 
(b) INCLUSIONS.— 
(1) IN GENERAL.—A law or policy described in 
subsection (a) shall— 
(A) apply to each federally funded project 
of each State department of transportation or 
metropolitan planning organization transpor-
tation improvement program; 
(B) include a statement that each project 
under the transportation improvement program 
makes streets or affected rights-of-way acces-
sible to users of all ages and abilities, including 
pedestrians, bicyclists, transit vehicles and 
users, and motorists; 
(C) except as provided in paragraph (2), 
apply to new road construction and road modi-
fication projects, including design, planning, 
construction, 
reconstruction, 
rehabilitation, 
maintenance, and operations, for the entire 
right-of-way; 
(D) indicate that improvements for the 
safe and convenient travel by pedestrians or 
bicyclists on or across streets shall be fully as-
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sessed, considered, and documented as a rou-
tine element of pavement resurfacing projects; 
(E) delineate a clear procedure by which 
transportation improvement projects may be ex-
empted from complying with complete streets 
principles, which shall require— 
(i) approval by the appropriate senior 
manager, in accordance with subsection 
(d)(2); and 
(ii) documentation, with supporting 
data, that indicates the basis for such an 
exemption; 
(F) comply with up-to-date design stand-
ards, particularly standards relating to pro-
viding access for individuals with disabilities; 
(G) require that complete streets principles 
be applied in due consideration of the urban, 
suburban, or rural context in which a project is 
located; and 
(H) include a list of performance stand-
ards with measurable outcomes to ensure that 
the transportation improvement program ad-
heres to complete streets principles. 
(2) EXCEPTION.—A law or policy described in 
subsection (a) shall not apply to a new road con-
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struction or modification project for which, as of the 
effective date of the law or policy, at least 30 per-
cent of the design phase is completed. 
(c) PROMOTION.—Each State department of trans-
portation and metropolitan planning organization shall 
promote the development of complete streets policies in 
applicable local jurisdictions. 
(d) 
EXEMPTION
REQUIREMENTS
AND
PROCE-
DURES.—A law or policy described in subsection (a) shall 
allow for a project-specific exemption from an applicable 
complete streets policy only if— 
(1)(A) an affected roadway prohibits, by law, 
use of the roadway by specified users, in which case 
a greater effort shall be made to accommodate those 
specified users elsewhere, including on roadways that 
cross or otherwise intersect with the affected road-
way; 
(B) the cost to the exempted project in achiev-
ing compliance with the applicable complete streets 
policy would be excessively disproportionate (as de-
fined in the 2001 Department of Transportation 
Guidance on Accommodating Bicycle and Pedestrian 
Travel), as compared to the need or probable use of 
a particular complete street; or 
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(C) the existing and planned population and 
employment densities or level of transit service 
around a particular roadway is so low, as deter-
mined by the Secretary, that there is a documented 
absence of a need to implement the applicable com-
plete streets policy; and 
(2) the project-specific exemption is approved 
by— 
(A) a senior manager of the metropolitan 
planning organization that approved the trans-
portation improvement program containing the 
exempted project; 
(B) a senior manager of the relevant State 
department of transportation; or 
(C) in the case of a project for which nei-
ther the metropolitan planning organization nor 
the State department of transportation is the 
agency with primary transportation planning 
authority, a senior manager of the regional, 
county, or city agency responsible for planning 
and approval of the project. 
(e) INTEGRATION.—Each State department of trans-
portation and metropolitan planning organization imple-
menting a complete streets policy shall incorporate com-
plete streets principles into all aspects of the transpor-
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tation project development, programming, and delivery 
process, including project planning and identification, 
scoping procedures, design approvals, design manuals, and 
performance measures. 
(f) REPORTS.— 
(1) IN GENERAL.—Each State department of 
transportation shall submit to the Secretary a report 
describing the implementation by the State of meas-
ures to achieve compliance with the requirements of 
this section, at such time, in such manner, and con-
taining such information as the Secretary may re-
quire. 
(2) DETERMINATION BY SECRETARY.—On re-
ceipt of a report under paragraph (1), the Secretary 
shall determine whether the applicable State has 
achieved compliance with the requirements of this 
section. 
SEC. 4. USER ACCESS AND CONSIDERATION. 
Section 217 of title 23, United States Code, is 
amended by striking subsection (g) and inserting the fol-
lowing: 
‘‘(g) PLANNING AND DESIGN.— 
‘‘(1) IN GENERAL.—Subject to paragraph (4), 
all users shall be given due consideration in each 
comprehensive transportation plan developed by a 
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metropolitan planning organization or a State in ac-
cordance with section 134 or 135, respectively. 
‘‘(2) ACCESS
FOR
ALL
USERS.—Subject to 
paragraph (4), each project for new construction or 
reconstruction of a transportation facility shall in-
clude consideration of appropriate bicycle transpor-
tation facilities, pedestrian walkways, and safe ac-
cess to existing and planned public transportation, 
except in any case in which bicycle or pedestrian use 
is not permitted. 
‘‘(3) SAFETY
CONSIDERATIONS.—Subject to 
paragraph (4), each transportation plan and project 
shall provide due consideration for safety and contig-
uous routes for all users, including— 
‘‘(A) safe access to transit stops and facili-
ties; and 
‘‘(B) the installation, where appropriate, 
and maintenance of audible traffic signals and 
signs at street crossings. 
‘‘(4) EXEMPTIONS.—A transportation plan or 
project may receive an exemption from an applicable 
requirement under paragraph (1), (2), or (3) only 
if— 
‘‘(A)(i) a roadway affected by the transpor-
tation plan or project prohibits, by law, use of 
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the roadway by specified users, in which case a 
greater effort shall be made to accommodate 
those specified users elsewhere, including on 
roadways that cross or otherwise intersect with 
the affected roadway; 
‘‘(ii) the cost to the exempted transpor-
tation plan or project in achieving compliance 
with the requirement would be excessively dis-
proportionate (as defined in the 2001 Depart-
ment of Transportation Guidance on Accommo-
dating Bicycle and Pedestrian Travel), as com-
pared to the need or probable use of a roadway 
affected by the transportation plan or project; 
or 
‘‘(iii) the existing and planned population 
and employment densities or level of transit 
service around a particular roadway affected by 
the transportation plan or project is so low, as 
determined by the Secretary, that there is a 
documented absence of a need to implement the 
applicable requirement; and 
‘‘(B) the exemption is approved by— 
‘‘(i) a senior manager of the metro-
politan planning organization that ap-
proved the transportation plan or project; 
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‘‘(ii) a senior manager of the relevant 
State department of transportation; or 
‘‘(iii) in the case of a transportation 
plan or project for which neither the met-
ropolitan planning organization nor the 
State department of transportation is the 
agency with primary transportation plan-
ning authority, a senior manager of the re-
gional, county, or city agency responsible 
for planning and approval of the transpor-
tation plan or project.’’. 
SEC. 5. CERTIFICATION AND COMPLIANCE. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall establish 
a method of ensuring compliance by State departments of 
transportation and metropolitan planning organizations 
with the requirements of this Act, including a requirement 
that each State department of transportation and metro-
politan planning organization shall submit to the Sec-
retary a report describing— 
(1) each complete streets policy adopted by the 
State department of transportation or metropolitan 
planning organization; 
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(2) the means of implementation by the State 
department of transportation or metropolitan plan-
ning organization of the complete streets policy; and 
(3) any exemptions provided, and the process 
for providing an exemption, from the requirements 
of the complete streets policy of the State depart-
ment of transportation or metropolitan planning or-
ganization. 
(b) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report describing— 
(1) the method established under subsection 
(a); 
(2) the status of activities for adoption and im-
plementation by State departments of transportation 
and metropolitan planning organizations of complete 
streets policies; 
(3) the tools and resources provided by the Sec-
retary to State departments of transportation and 
metropolitan planning organizations to assist with 
that adoption and implementation; and 
(4) other measures carried out by the Secretary 
to encourage the adoption of complete streets poli-
cies by local jurisdictions. 
(c) PROJECT CERTIFICATION.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), each State shall require that each agency 
with primary design, construction, or financial re-
sponsibility for a federally funded project located 
within the jurisdiction of a transportation improve-
ment program of the State shall— 
(A) review the project at the final design 
stage to ensure incorporation in the project of 
each applicable complete streets policy described 
in section 3; and 
(B) not later than 1 year after the date on 
which the project is opened for public use, sub-
mit to the State a certification that the project 
achieves compliance with each applicable com-
plete streets policy. 
(2) EXCEPTIONS.—A State may provide an ex-
ception to the requirements of paragraph (1) for a 
project the cost of which is less than an amount to 
be determined by the Secretary, by regulation. 
(3) 
SUBSEQUENT
CERTIFICATIONS.—During 
the period beginning on the date of submission of 
the initial certification under paragraph (1) and end-
ing on the date on which construction of the applica-
ble project is completed, when the project undergoes 
a substantial design change, as determined by the 
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Secretary, each agency described in paragraph (1) 
shall submit to the State a recertification that the 
project is in compliance with each applicable com-
plete streets policy. 
SEC. 6. SAFETY FUNDING IN NONCOMPLIANT STATES. 
(a) DEFINITION OF NONCOMPLIANT STATE.—In this 
section, the term ‘‘noncompliant State’’ means a State 
that fails to achieve compliance with the requirements of 
section 3 by the date described in that section. 
(b) REQUIREMENT.—Of the funds apportioned to a 
noncompliant State under section 104(b)(3) of title 23, 
United States Code, for the applicable fiscal year, the non-
compliant State shall use to carry out a highway safety 
program under section 402 of title 23, United States 
Code— 
(1) 1 percent for the first fiscal year of non-
compliance; 
(2) 2 percent for the second fiscal year of non-
compliance; and 
(3) 3 percent for the third fiscal year of non-
compliance and each fiscal year thereafter until the 
noncompliant State achieves compliance with the re-
quirements of section 3. 
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SEC. 7. ACCESSIBILITY STANDARDS. 
(a) FINAL STANDARDS.—Not later than 1 year after 
the date of enactment of this Act, the Architectural and 
Transportation Barriers Compliance Board established by 
section 502(a)(1) of the Rehabilitation Act of 1973 (29 
U.S.C. 792(a)(1)) shall promulgate final standards for ac-
cessibility of new construction and alteration of pedestrian 
facilities for public rights-of-way. 
(b) TEMPORARY STANDARDS.—During the period be-
ginning on the date of enactment of this Act and ending 
on the date on which the Architectural and Transportation 
Barriers Compliance Board promulgates final standards 
under subsection (a), a State or metropolitan planning or-
ganization shall apply to public rights-of-way— 
(1) the standards for accessible transportation 
facilities contained in section 37.9 of title 49, Code 
of Federal Regulations (as in effect on the date of 
enactment of this Act); or 
(2) if the standards referred to in paragraph 
(1) do not address, or are inapplicable to, an af-
fected public right-of-way, the revised draft guide-
lines for accessible public rights-of-way of the Archi-
tectural and Transportation Barriers Compliance 
Board dated November 23, 2005. 
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