To amend titles 23 and 49, United States Code, to enhance employer involvement in transportation planning and to create and expand commuter benefit programs, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commute LESS Act of 2009'' or the 
``Commute-Leveraging Employer Support and Successes Act of 2009''.

SEC. 2. ENHANCING EMPLOYER INVOLVEMENT IN METROPOLITAN TRANSPORTATION 
              PLANNING.

    (a) Designation of Metropolitan Planning Organizations.--Section 
5303(d)(2) of title 49, United States Code, is amended--
            (1) in subparagraph (B) by striking ``and'' at the end;
            (2) in subparagraph (C) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) not less than one representative designated 
                by the applicable employer advisory council established 
                under subsection (q).''.
    (b) Development of Transportation Plan.--
            (1) Transportation plan.--Section 5303(i)(2) of such title 
        is amended by adding at the end the following:
                    ``(G) Employer outreach and commuter benefit 
                activities.--Proposed activities and strategies to 
                provide outreach to employers in the region to create 
                and expand alternative commuting and commuter benefit 
                programs (as such term is defined under section 330(l) 
                of title 23).''.
            (2) Participation by interested parties.--Section 
        5303(i)(5)(B) of such title is amended--
                    (A) in clause (i) by striking ``and'' at the end;
                    (B) in clause (ii) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) shall identify employers and 
                        transportation management organizations (as 
                        such term is defined under section 330(l) of 
                        title 23) that are within the boundaries of the 
                        metropolitan planning organization and shall 
                        include strategies developed to provide 
                        outreach to such employers and organizations 
                        and a plan to include the input of such 
                        employers and organizations in the development 
                        of the transportation plan.''.
    (c) Metropolitan TIP.--
            (1) Development.--Section 5303(j)(1) of such title is 
        amended by adding at the end the following:
                    ``(E) Employer involvement.--The TIP shall be 
                developed in coordination with the applicable employer 
                advisory council established under subsection (q) and 
                shall include projects identified by such employer 
                advisory council.''.
            (2) Contents.--Section 5303(j)(2)(A) of such title is 
        amended by striking the period at the end and inserting ``, 
        including projects identified by the commuter trip reduction 
        plan established under subsection (q).''.
    (d) Employer Advisory Council.--Section 5303 of such title is 
amended by adding at the end the following:
    ``(q) Employer Advisory Council.--
            ``(1) In general.--Each metropolitan planning organization 
        shall establish an employer advisory council consisting of 
        representatives of employers within the boundaries of the 
        metropolitan planning organization.
            ``(2) Transportation plan and tip review.--The employer 
        advisory council shall review how long-range transportation 
        plans and TIPs will affect commuting habits and shall develop a 
        plan to reduce trips relating to commuting to and from work in 
        accordance with paragraph (3).
            ``(3) Commuter trip reduction plan.--The employer advisory 
        council shall develop a commuter trip reduction plan that 
        shall--
                    ``(A) identify commuting patterns;
                    ``(B) develop regional goals to reduce vehicle 
                miles traveled during peak commuting hours;
                    ``(C) develop a series of regional projects and 
                programs to achieve the goals established under 
                subparagraph (B);
                    ``(D) identify existing employer-based commuting 
                alternatives programs in the region; and
                    ``(E) identify proposed employer-based commuting 
                alternatives programs to be included in the 
                transportation plan under subsection (i) and TIP under 
                subsection (j).
            ``(4) Advisory council membership.--The employer advisory 
        council shall consist of not less than 15 representatives of 
        employers within the boundaries of the metropolitan planning 
        organization, which may include representatives of identified 
        transportation management organizations (as such term is 
        defined under section 330(l) of title 23) within such 
        boundaries. Employer advisory council members shall be selected 
        by the metropolitan planning organization and, to the extent 
        practicable, shall represent a diverse cross-section of 
        employers within the boundaries of the metropolitan planning 
        organization.
            ``(5) MPO membership.--The employer advisory council shall 
        designate one member from the council to be a member of the 
        metropolitan planning organization.''.

SEC. 3. EMPLOYER INVESTMENT IN TRANSPORTATION AND COMMUTER BENEFIT 
              PROGRAM.

    (a) In General.--Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 330. Employer investment in transportation and commuter benefit 
              program
    ``(a) Purpose.--The purpose of this section is to--
            ``(1) engage employers in providing commuting alternatives 
        to employees, including carpooling, vanpooling, use of transit, 
        and teleworking;
            ``(2) leverage private investment with respect to 
        alternative commuting; and
            ``(3) reduce fuel consumption and provide energy 
        independence by providing commuters with options for commuting 
        to work other than driving in a vehicle occupied by a single 
        individual.
    ``(b) Establishment.--The Secretary shall establish and carry out 
an employer investment in transportation and commuter benefit program 
in accordance with this section.
    ``(c) Funding.--Before making an apportionment under section 
104(b)(2) for a fiscal year, the Secretary shall set aside, from 
amounts made available to carry out the congestion mitigation and air 
quality improvement program under section 149 for such fiscal year, 
$300,000,000 to carry out this section.
    ``(d) Apportionment.--
            ``(1) In general.--The Secretary shall apportion amounts 
        made available to carry out this section for a fiscal year 
        among the States in the same manner as amounts are apportioned 
        under section 104(b)(3)(A).
            ``(2) Minimum apportionment.--Notwithstanding paragraph 
        (1), each State shall receive a minimum of \1/2\ of 1 percent 
        of the funds apportioned under this subsection.
            ``(3) Set-asides.--Before making an apportionment under 
        paragraph (1) for a fiscal year, the Secretary shall set aside 
        not more than $3,000,000 of amounts made available to carry out 
        this section for such fiscal year for the administrative 
        expenses of the Secretary in carrying out this section.
    ``(e) Eligible Recipients and Projects.--
            ``(1) In general.--Amounts apportioned to a State under 
        this section shall be used to provide financial assistance to 
        State, regional, and local agencies and entities, including 
        employers and transportation management organizations, to 
        create and expand commuter benefit programs.
            ``(2) Limitation.--Amounts apportioned under this section 
        shall not be used--
                    ``(A) to replace or discourage existing Federal, 
                State, local, or private investment in commuter benefit 
                programs; or
                    ``(B) to compete against existing Federal, State, 
                local, or private commuter benefit programs.
    ``(f) Administration of Amounts.--
            ``(1) In general.--Amounts apportioned to a State under 
        this section shall be administered by the State's 
        transportation department or the designee of such department.
            ``(2) Coordination.--A State transportation department 
        shall coordinate activities carried out using amounts 
        apportioned under this section with appropriate local and 
        regional planning bodies, transportation management 
        organizations, and public transportation operators.
            ``(3) Technical assistance.--To the extent practicable, a 
        State transportation department administering amounts under 
        this section, in coordination with appropriate local and 
        regional planning bodies, transportation management 
        organizations, and public transportation operators, shall 
        provide technical assistance to employers and employer 
        organizations to assist in the creation and expansion of 
        commuter benefit programs under this section.
    ``(g) Information Clearinghouse.--
            ``(1) In general.--The Secretary shall make grants to a 
        national nonprofit organization engaged in efforts relating to 
        commuter benefit programs or another entity to--
                    ``(A) establish and operate an information 
                clearinghouse for the employer investment in 
                transportation and commuter benefit program;
                    ``(B) develop an information and educational 
                program with respect to the employer investment in 
                transportation and commuter benefit program; and
                    ``(C) provide technical assistance and disseminate 
                techniques and strategies used by successful commuter 
                benefit programs.
            ``(2) Funding.--The Secretary shall carry out this 
        subsection with amounts set aside for administrative expenses 
        under subsection (d)(3).
    ``(h) Transferability and Federal Share.--
            ``(1) Transferability.--Funds made available to carry out 
        this section shall not be transferable and shall remain 
        available until expended.
            ``(2) Federal share.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), the Federal share of the cost of a 
                project or activity under this section may not exceed 
                80 percent.
                    ``(B) Exception.--If private investment is used for 
                any portion of the non-Federal share of the cost of a 
                project or activity under this section, the Federal 
                share of such cost may not exceed 90 percent.
    ``(i) Treatment of Projects.--Notwithstanding any other provision 
of law, projects assisted under this section shall be treated as 
projects on a Federal-aid system under chapter 1 of title 23.
    ``(j) Performance and Accountability.--
            ``(1) Statewide goals.--A State receiving funds apportioned 
        under this section, in coordination with metropolitan planning 
        organizations in the State, shall establish statewide goals for 
        achieving reductions in vehicle miles traveled through the 
        implementation of activities under this section.
            ``(2) Report to secretary.--Not later than one year after 
        the date of enactment of this section, and annually thereafter, 
        a State receiving funds apportioned under this section shall 
        submit to the Secretary a report describing--
                    ``(A) the goals for reducing vehicle miles traveled 
                under this section for the following year;
                    ``(B) how funds apportioned under this section were 
                utilized during the preceding year and the outcome of 
                such utilization; and
                    ``(C) whether goals for reducing vehicle miles 
                traveled under this section were met for the preceding 
                year based on evaluations of activities under this 
                section.
    ``(k) Report to Congress.--Not later than March 30, 2013, the 
Secretary shall submit to Congress a report describing--
            ``(1) the commuter benefit programs receiving assistance 
        under this section;
            ``(2) any reduction in vehicle miles traveled that has been 
        achieved as a result of such programs; and
            ``(3) whether States have been able to meet goals 
        established under subsection (j).
    ``(l) Definitions.--In this section, the following definitions 
apply:
            ``(1) Transportation management organization.--The term 
        `transportation management organization' means a local, 
        regional, or statewide association of employers established for 
        the purpose of providing employees with commuting options.
            ``(2) Commuter benefit program.--The term `commuter benefit 
        program' means a program designed to provide employees with 
        alternatives to driving to and from work in a vehicle occupied 
        by a single individual, including--
                    ``(A) carpool programs;
                    ``(B) vanpool programs;
                    ``(C) transit benefit programs;
                    ``(D) parking cash-out programs;
                    ``(E) shuttle programs;
                    ``(F) telework programs; and
                    ``(G) appropriate employer-based programs.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``330. Employer investment in transportation and commuter benefit 
                            program.''.

SEC. 4. CONGESTION MITIGATION DURING PROJECT CONSTRUCTION.

    Section 106 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(j) Congestion Mitigation Plan.--A recipient of Federal financial 
assistance for a project under this title with an estimated total cost 
of $100,000,000 or more or that will reduce traffic flow (as defined by 
the Secretary) for more than 120 days shall prepare a congestion 
mitigation plan for such project that includes funding for projects to 
reduce peak hour vehicle miles traveled along the impacted corridor. 
The recipient shall create the plan in coordination with the 
appropriate employer advisory council established under section 5303(q) 
of title 49 and the plan shall be made available to the Secretary for 
review upon the request of the Secretary.''.

SEC. 5. MAJOR CAPITAL INVESTMENT GRANTS OF $75,000,000 OR MORE.

    Section 5309(d) of title 49, United States Code, is amended--
            (1) in paragraph (3)--
                    (A) by striking ``and'' at the end of subparagraph 
                (J);
                    (B) by redesignating subparagraph (K) as 
                subparagraph (L); and
                    (C) by inserting after subparagraph (J) the 
                following:
                    ``(K) the ability of the grant recipient and the 
                partners of such recipient to work with employers to 
                get commuters to utilize the project; and'';
            (2) by redesignating paragraph (6) as paragraph (7); and
            (3) by inserting after paragraph (5) the following:
            ``(6) Employer outreach.--The Secretary shall require that 
        each entity submitting a request for a grant under this 
        subsection include with the request a plan for how the entity 
        intends to work with local employers and transportation 
        management organizations (as that term is defined in section 
        330(l) of title 23) to create or expand a commuter benefit 
        program (as that term is defined in such section) with respect 
        to the proposed project.''.

Summary: Commute LESS Act of 2009 or the Commute-Leveraging Employer Support and Successes Act of 2009 - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to revise the composition of metropolitan planning organizations (MPOs) to include at least one representative designated by an employer advisory council established by this Act. Revises contents of MPO transportation plans prepared for metropolitan planning areas to include proposed activities and strategies to provide outreach to employers in the region to create and expand alternative commuting and commuter benefit programs . Requires each MPO to establish an employer advisory council consisting of representatives of employers within the MPO's boundaries. Requires an MPO transportation improvement program (TIP) to be developed in coordination with the advisory council and to include projects identified by it. Requires the advisory council to: (1) review how long-range transportation plans and TIPs will affect commuting habits. And (2) develop a commuter trip reduction plan. Directs the Secretary of Transportation to create and expand employer investment in transportation and commuter benefit programs. Requires a state receiving funding, in coordination with MPOs, to establish statewide goals for achieving reductions in vehicle miles traveled. Requires a recipient receiving federal-aid highway funding for a project with a value of $100 million or more or that will reduce traffic flow for more than 120 days to prepare, in coordination with the advisory council, a congestion mitigation plan for the project that includes funding for projects that reduce peak hour vehicle miles traveled along an impacted corridor. Requires the Secretary, when approving a major capital investment grant of $75 million or more for a major new fixed guideway capital project, to consider, among other things, the ability of the grant recipient to work with employers to get commuters to utilize the project. Directs the Secretary to require the grant applicant to include in its request a plan on how it intends to work with local employers and transportation management organizations to create and expand a commuter benefit program for the project.