I 

115TH CONGRESS 

1ST SESSION H. R. 1028 

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 

FEBRUARY 13, 2017 

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 2017’’. 

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— 

17 (A) by striking ‘‘, employer-based com18 muting programs, such as a carpool program, 

19 vanpool program, transit benefit program, park20 ing cash-out program, shuttle program, or 

21 telework program’’; and 

22 (B) by inserting after ‘‘the disabled,’’ the 

23 following: ‘‘representatives of employers, em24 ployer-based commuter programs, and transpor25 tation management organizations,’’. 


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

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

3 period at the end and inserting ‘‘, including projects iden4 tified in a relevant commuter trip reduction plan developed 

5 under subsection (s).’’. 

6 (d) TRANSPORTATION MANAGEMENT AREAS.—Sec7 tion 5303(k)(3) of title 49, United States Code, is amend8 ed— 

9 (1) in subparagraph (A) by striking ‘‘operators, 

10 employer-based commuting programs, such as a car11 pool program, vanpool program, transit benefit pro12 gram, parking cash-out program, shuttle program, 

13 or telework program’’ and inserting ‘‘operations and 

14 employer-based commuter programs’’; 

15 (2) by striking subparagraphs (C) and (D); and 

16 (3) by adding at the end the following: 

17 ‘‘(C) EMPLOYER INVOLVEMENT.—A proc18 ess for addressing congestion management 

19 under subparagraph (A) shall be developed in 

20 coordination with any relevant employer advi21 sory council established under subsection (s) 

22 and shall include projects identified in the com23 muter trip reduction plan of that council.’’. 

24 (e) EMPLOYER ADVISORY COUNCILS AND INFORMA25 TION CLEARINGHOUSE.—Section 5303 of title 49, United 


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1 States Code, is amended by adding at the end the fol2 lowing: 

3 ‘‘(s) EMPLOYER ADVISORY COUNCILS.— 

4 ‘‘(1) IN GENERAL.—Each metropolitan plan5 ning organization serving a transportation manage6 ment area shall establish an employer advisory coun7 cil that consists of representatives of employers in 

8 the area served by the metropolitan planning organi9 zation. 

10 ‘‘(2) MEMBERSHIP.— 

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

12 council shall consist of not less than 7 rep13 resentatives of employers and representatives of 

14 identified transportation management organiza15 tions in the area served by the relevant metro16 politan planning organization. 

17 ‘‘(B) ENSURING A DIVERSE CROSS-SEC18 TION OF EMPLOYERS.—In establishing an em19 ployer advisory council, a metropolitan planning 

20 organization, to the extent practicable, shall en21 sure that the membership of the council in22 cludes a diverse cross-section of employers from 

23 the area served by the organization. 

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

25 employer advisory council established under paraVerDate Sep 11 2014 04:04 Feb 18, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1028.IH H1028

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1 graph (1) shall develop and maintain a commuter 

2 trip reduction plan that identifies— 

3 ‘‘(A) commuting patterns in the area 

4 served by the relevant metropolitan planning or5 ganization; 

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

7 miles traveled during peak commuting hours; 

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

9 commuter programs in the area; 

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

11 facilitate achievement of the goals identified 

12 under subparagraph (B); and 

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

14 activities identified under subparagraph (D). 

15 ‘‘(t) INFORMATION CLEARINGHOUSE.—The Sec16 retary is authorized to make a grant to a national non17 profit organization engaged in efforts relating to em18 ployer-based commuter programs or another entity to— 

19 ‘‘(1) establish and operate an information clear20 inghouse relating to employer investment in trans21 portation and employer-based commuter programs; 

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

23 to employer investment in transportation and em24 ployer-based commuter programs; and 


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1 ‘‘(3) provide technical assistance relating to em2 ployer-based commuter programs and disseminate 

3 techniques and strategies used by successful em4 ployer-based commuter programs.’’. 

5 SEC. 3. CONGESTION MITIGATION DURING PROJECT CON6 STRUCTION. 

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

8 amended by adding at the end the following: 

9 ‘‘(k) CONGESTION MITIGATION PLANS.— 

10 ‘‘(1) REQUIREMENT.—A recipient of Federal fi11 nancial assistance under this title for a project with 

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

13 that will reduce traffic flow (as defined by the Sec14 retary) for more than 120 days shall prepare a con15 gestion mitigation plan for such project that includes 

16 funding for projects to reduce vehicle miles traveled 

17 during peak commuting hours along the impacted 

18 corridor. 

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

20 a congestion mitigation plan under paragraph (1) in 

21 coordination with any relevant employer advisory 

22 council established under section 5303(s) of title 49. 

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

24 mitigation plan prepared under paragraph (1) shall 


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1 be made available to the Secretary for review upon 

2 the request of the Secretary.’’. 

3 SEC. 4. EMPLOYER-BASED COMMUTER PROGRAMS ACTION 

4 PLAN. 

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

6 shall develop and implement a plan to expand and promote 

7 employer-based commuter programs (as defined in section 

8 5303(b) of title 49, United States Code). 

9 (b) CONTENTS.—The plan developed under sub10 section (a) shall include plans— 

11 (1) to amend existing regulations and guidance 

12 and, if necessary, develop new regulations and guid13 ance to ensure that employer-based commuter pro14 grams are integrated, to the extent possible, into all 

15 appropriate Federal transportation programs; 

16 (2) to identify best practices with respect to 

17 employer-based commuter programs; 

18 (3) to research the effectiveness and efficiency 

19 of employer-based commuter programs; and 

20 (4) to create a national and regional peer ex21 change program to ensure that developments with 

22 respect to employer-based commuter programs are 

23 shared and issues are addressed. 

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

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


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1 begin implementation of the plan developed under sub2 section (a). 

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

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

5 submit to the Committee on Transportation and Infra6 structure of the House of Representatives and the Com7 mittee on Banking, Housing, and Urban Affairs and the 

8 Committee on Environment and Public Works of the Sen9 ate a report on the implementation and impact of the plan 

10 developed under subsection (a). 

11 SEC. 5. DISASTER PREPAREDNESS REPORT. 

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

13 date of enactment of this Act, the Secretary of Transpor14 tation shall submit to the Committee on Transportation 

15 and Infrastructure of the House of Representatives and 

16 the Committee on Banking, Housing, and Urban Affairs 

17 and the Committee on Environment and Public Works of 

18 the Senate a report with recommendations on how to bet19 ter integrate employer-based commuter programs (as de20 fined in section 5303(b) of title 49, United States Code) 

21 into emergency planning, preparedness, and response ac22 tivities. 

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

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


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1 (1) the Administrator of the Federal Emer2 gency Management Agency; and 

3 (2) stakeholders, including national and re4 gional organizations and experts that promote em5 ployer-based commuter programs. 

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