I 

113TH CONGRESS 

1ST SESSION H. R. 2968 

To amend titles 23 and 49, United States Code, with respect to congestion 

mitigation and metropolitan transportation planning, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2013 

Mr. SIRES introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To amend titles 23 and 49, United States Code, with respect 

to congestion mitigation and metropolitan transportation 

planning, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commute Less Act 

5 of 2013’’. 

6 SEC. 2. METROPOLITAN TRANSPORTATION PLANNING. 

7 (a) DEFINITIONS.—Section 5303(b) of title 49, 

8 United States Code, is amended— 

9 (1) by redesignating paragraph (7) as para10 graph (9); 


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1 (2) by redesignating paragraphs (1) through 

2 (6) as paragraphs (2) through (7), respectively; 

3 (3) by inserting before paragraph (2) (as so re4 designated by paragraph (2) of this subsection) the 

5 following: 

6 ‘‘(1) EMPLOYER-BASED COMMUTER PRO7 GRAM.—The term ‘employer-based commuter pro8 gram’ means a program implemented by an em9 ployer that provides employees of that employer with 

10 alternatives to driving to and from work in a vehicle 

11 occupied by a single individual, including the fol12 lowing: 

13 ‘‘(A) A carpool program. 

14 ‘‘(B) A vanpool program. 

15 ‘‘(C) A transit benefit program. 

16 ‘‘(D) A parking cash-out program. 

17 ‘‘(E) A shuttle program. 

18 ‘‘(F) A telework program.’’; and 

19 (4) by inserting before paragraph (9) (as so re20 designated by paragraph (1) of this subsection) the 

21 following: 

22 ‘‘(8) TRANSPORTATION MANAGEMENT ORGANI23 ZATION.—The term ‘transportation management or24 ganization’ means a local, regional, or statewide as25 sociation of employers established for the purpose of 


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1 providing employees of those employers with alter2 natives to driving to and from work in a vehicle oc3 cupied by a single individual.’’. 

4 (b) DEVELOPMENT OF TRANSPORTATION PLAN.— 

5 (1) TRANSPORTATION PLAN.—Section 

6 5303(i)(2) of title 49, United States Code, is amend7 ed by adding at the end the following: 

8 ‘‘(I) EMPLOYER OUTREACH ACTIVITIES

9 AND STRATEGIES.—Proposed activities and 

10 strategies to provide outreach to employers and 

11 transportation management organizations to fa12 cilitate the creation and expansion of employer13 based commuter programs.’’. 

14 (2) PARTICIPATION BY INTERESTED PAR15 TIES.—Section 5303(i)(6)(A) of title 49, United 

16 States Code, is amended by inserting after ‘‘the dis17 abled,’’ the following: ‘‘representatives of employers 

18 and transportation management organizations,’’. 

19 (c) METROPOLITAN TIP.—Section 5303(j)(2)(A) of 

20 title 49, United States Code, is amended by striking the 

21 period at the end and inserting ‘‘, including projects iden22 tified in a relevant commuter trip reduction plan developed 

23 under subsection (r).’’. 


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1 (d) TRANSPORTATION MANAGEMENT AREAS.—Sec2 tion 5303(k)(3) of title 49, United States Code, is amend3 ed by adding at the end the following: 

4 ‘‘(C) EMPLOYER INVOLVEMENT.—A proc5 ess for addressing congestion management 

6 under subparagraph (A) shall be developed in 

7 coordination with any relevant employer advi8 sory council established under subsection (r) 

9 and shall include projects identified in the com10 muter trip reduction plan of that council.’’. 

11 (e) EMPLOYER ADVISORY COUNCILS AND INFORMA12 TION CLEARINGHOUSE.—Section 5303 of title 49, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(r) EMPLOYER ADVISORY COUNCILS.— 

16 ‘‘(1) IN GENERAL.—Each metropolitan plan17 ning organization serving a transportation manage18 ment area shall establish an employer advisory coun19 cil that consists of representatives of employers in 

20 the area served by the metropolitan planning organi21 zation. 

22 ‘‘(2) MEMBERSHIP.— 

23 ‘‘(A) IN GENERAL.—An employer advisory 

24 council shall consist of not less than 7 rep25 resentatives of employers and representatives of 


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1 identified transportation management organiza2 tions in the area served by the relevant metro3 politan planning organization. 

4 ‘‘(B) ENSURING A DIVERSE CROSS-SEC5 TION OF EMPLOYERS.—In establishing an em6 ployer advisory council, a metropolitan planning 

7 organization, to the extent practicable, shall en8 sure that the membership of the council in9 cludes a diverse cross-section of employers from 

10 the area served by the organization. 

11 ‘‘(3) COMMUTER TRIP REDUCTION PLAN.—An 

12 employer advisory council established under para13 graph (1) shall develop and maintain a commuter 

14 trip reduction plan that identifies— 

15 ‘‘(A) commuting patterns in the area 

16 served by the relevant metropolitan planning or17 ganization; 

18 ‘‘(B) area goals for the reduction of vehicle 

19 miles traveled during peak commuting hours; 

20 ‘‘(C) existing and proposed employer-based 

21 commuter programs in the area; 

22 ‘‘(D) a series of projects and activities to 

23 facilitate achievement of the goals identified 

24 under subparagraph (B); and 


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1 ‘‘(E) a financing plan for the projects and 

2 activities identified under subparagraph (D). 

3 ‘‘(s) INFORMATION CLEARINGHOUSE.—The Sec4 retary is authorized to make a grant to a national non5 profit organization engaged in efforts relating to em6 ployer-based commuter programs or another entity to— 

7 ‘‘(1) establish and operate an information clear8 inghouse relating to employer investment in trans9 portation and employer-based commuter programs; 

10 ‘‘(2) develop an education program with respect 

11 to employer investment in transportation and em12 ployer-based commuter programs; and 

13 ‘‘(3) provide technical assistance relating to em14 ployer-based commuter programs and disseminate 

15 techniques and strategies used by successful em16 ployer-based commuter programs.’’. 

17 SEC. 3. CONGESTION MITIGATION DURING PROJECT CON18 STRUCTION. 

19 Section 106 of title 23, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘(k) CONGESTION MITIGATION PLANS.— 

22 ‘‘(1) REQUIREMENT.—A recipient of Federal fi23 nancial assistance under this title for a project with 

24 an estimated total cost of $75,000,000 or more or 

25 that will reduce traffic flow (as defined by the SecVerDate Mar 15 2010 01:56 Aug 08, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.IH H2968

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1 retary) for more than 120 days shall prepare a con2 gestion mitigation plan for such project that includes 

3 funding for projects to reduce vehicle miles traveled 

4 during peak commuting hours along the impacted 

5 corridor. 

6 ‘‘(2) COORDINATION.—A recipient shall prepare 

7 a congestion mitigation plan under paragraph (1) in 

8 coordination with any relevant employer advisory 

9 council established under section 5303(r) of title 49. 

10 ‘‘(3) REVIEW BY SECRETARY.—A congestion 

11 mitigation plan prepared under paragraph (1) shall 

12 be made available to the Secretary for review upon 

13 the request of the Secretary.’’. 

14 SEC. 4. EMPLOYER-BASED COMMUTER PROGRAMS ACTION 

15 PLAN. 

16 (a) IN GENERAL.—The Secretary of Transportation 

17 shall develop and implement a plan to expand and promote 

18 employer-based commuter programs (as defined in section 

19 5303(b) of title 49, United States Code). 

20 (b) CONTENTS.—The plan developed under sub21 section (a) shall include plans— 

22 (1) to amend existing regulations and guidance 

23 and, if necessary, develop new regulations and guid24 ance to ensure that employer-based commuter proVerDate Mar 15 2010 01:56 Aug 08, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.IH H2968

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1 grams are integrated, to the extent possible, into all 

2 appropriate Federal transportation programs; 

3 (2) to identify best practices with respect to 

4 employer-based commuter programs; 

5 (3) to research the effectiveness and efficiency 

6 of employer-based commuter programs; and 

7 (4) to create a national and regional peer ex8 change program to ensure that developments with 

9 respect to employer-based commuter programs are 

10 shared and issues are addressed. 

11 (c) TIMING.—Not later than 180 days after the date 

12 of enactment of this Act, the Secretary shall finalize and 

13 begin implementation of the plan developed under sub14 section (a). 

15 (d) REPORT TO CONGRESS.—Not later than 2 years 

16 after the date of enactment of this Act, the Secretary shall 

17 submit to the Committee on Transportation and Infra18 structure of the House of Representatives and the Com19 mittee on Banking, Housing, and Urban Affairs and the 

20 Committee on Environment and Public Works of the Sen21 ate a report on the implementation and impact of the plan 

22 developed under subsection (a). 

23 SEC. 5. DISASTER PREPAREDNESS REPORT. 

24 (a) IN GENERAL.—Not later than 1 year after the 

25 date of enactment of this Act, the Secretary of TransporVerDate Mar 15 2010 01:56 Aug 08, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2968.IH H2968

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1 tation shall submit to the Committee on Transportation 

2 and Infrastructure of the House of Representatives and 

3 the Committee on Banking, Housing, and Urban Affairs 

4 and the Committee on Environment and Public Works of 

5 the Senate a report with recommendations on how to bet6 ter integrate employer-based commuter programs (as de7 fined in section 5303(b) of title 49, United States Code) 

8 into emergency planning, preparedness, and response ac9 tivities. 

10 (b) COORDINATION.—In preparing the report under 

11 subsection (a), the Secretary shall consult with— 

12 (1) the Administrator of the Federal Emer13 gency Management Agency; and 

14 (2) stakeholders, including national and re15 gional organizations and experts that promote em16 ployer-based commuter programs. 

Æ 


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