I 
111TH CONGRESS 
1ST SESSION H. R. 3517 
To amend titles 23 and 49, United States Code, to enhance employer involve-
ment in transportation planning and to create and expand commuter 
benefit programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2009 
Mr. SIRES (for himself, Mrs. NAPOLITANO, and Mr. CARNAHAN) 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, to enhance 
employer involvement in transportation planning and to 
create and expand commuter benefit programs, and for 
other purposes. 
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 ‘‘Commute LESS Act 
of 2009’’ or the ‘‘Commute-Leveraging Employer Support 
and Successes Act of 2009’’. 
VerDate Nov 24 2008 
02:40 Aug 05, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
SEC. 2. ENHANCING EMPLOYER INVOLVEMENT IN METRO-
POLITAN TRANSPORTATION PLANNING. 
(a) DESIGNATION OF METROPOLITAN PLANNING OR-
GANIZATIONS.—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 des-
ignated 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
COM-
MUTER BENEFIT ACTIVITIES.—Proposed activi-
ties and strategies to provide outreach to em-
ployers in the region to create and expand al-
ternative commuting and commuter benefit pro-
grams (as such term is defined under section 
330(l) of title 23).’’. 
VerDate Nov 24 2008 
07:18 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
(2) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—Section 5303(i)(5)(B) of such title is amend-
ed— 
(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 em-
ployers and organizations and a plan to in-
clude the input of such employers and or-
ganizations 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 fol-
lowing: 
‘‘(E) EMPLOYER INVOLVEMENT.—The TIP 
shall be developed in coordination with the ap-
VerDate Nov 24 2008 
02:40 Aug 05, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
plicable 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 sub-
section (q).’’. 
(d) EMPLOYER ADVISORY COUNCIL.—Section 5303 
of such title is amended by adding at the end the fol-
lowing: 
‘‘(q) EMPLOYER ADVISORY COUNCIL.— 
‘‘(1) IN
GENERAL.—Each metropolitan plan-
ning organization shall establish an employer advi-
sory council consisting of representatives of employ-
ers within the boundaries of the metropolitan plan-
ning organization. 
‘‘(2) TRANSPORTATION
PLAN
AND
TIP
RE-
VIEW.—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). 
VerDate Nov 24 2008 
07:18 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 vehi-
cle 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 com-
muting 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 organiza-
tion, 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 plan-
VerDate Nov 24 2008 
07:18 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
ning 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 advi-
sory 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 fol-
lowing: 
‘‘§ 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, van-
pooling, use of transit, and teleworking; 
‘‘(2) leverage private investment with respect to 
alternative commuting; and 
‘‘(3) reduce fuel consumption and provide en-
ergy independence by providing commuters with op-
tions for commuting to work other than driving in 
a vehicle occupied by a single individual. 
VerDate Nov 24 2008 
07:18 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
‘‘(b) ESTABLISHMENT.—The Secretary shall estab-
lish and carry out an employer investment in transpor-
tation 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 appor-
tion amounts made available to carry out this sec-
tion for a fiscal year among the States in the same 
manner as amounts are apportioned under section 
104(b)(3)(A). 
‘‘(2) 
MINIMUM
APPORTIONMENT.—Notwith-
standing paragraph (1), each State shall receive a 
minimum of 1⁄2 of 1 percent of the funds appor-
tioned under this subsection. 
‘‘(3) SET-ASIDES.—Before making an appor-
tionment 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 
VerDate Nov 24 2008 
07:18 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
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 fi-
nancial assistance to State, regional, and local agen-
cies and entities, including employers and transpor-
tation management organizations, to create and ex-
pand commuter benefit programs. 
‘‘(2) LIMITATION.—Amounts apportioned under 
this section shall not be used— 
‘‘(A) to replace or discourage existing Fed-
eral, State, local, or private investment in com-
muter benefit programs; or 
‘‘(B) to compete against existing Federal, 
State, local, or private commuter benefit pro-
grams. 
‘‘(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 
VerDate Nov 24 2008 
07:18 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
appropriate local and regional planning bodies, 
transportation management organizations, and pub-
lic transportation operators. 
‘‘(3) TECHNICAL ASSISTANCE.—To the extent 
practicable, a State transportation department ad-
ministering amounts under this section, in coordina-
tion with appropriate local and regional planning 
bodies, transportation management organizations, 
and public transportation operators, shall provide 
technical assistance to employers and employer orga-
nizations 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 edu-
cational program with respect to the employer 
investment in transportation and commuter 
benefit program; and 
VerDate Nov 24 2008 
07:18 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
‘‘(C) provide technical assistance and dis-
seminate techniques and strategies used by suc-
cessful commuter benefit programs. 
‘‘(2) FUNDING.—The Secretary shall carry out 
this subsection with amounts set aside for adminis-
trative expenses under subsection (d)(3). 
‘‘(h) TRANSFERABILITY AND FEDERAL SHARE.— 
‘‘(1) TRANSFERABILITY.—Funds made avail-
able to carry out this section shall not be transfer-
able 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 sec-
tion 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 sys-
tem under chapter 1 of title 23. 
‘‘(j) PERFORMANCE AND ACCOUNTABILITY.— 
VerDate Nov 24 2008 
07:18 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 im-
plementation 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 ap-
portioned under this section shall submit to the Sec-
retary 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 ac-
tivities under this section. 
‘‘(k) REPORT TO CONGRESS.—Not later than March 
30, 2013, the Secretary shall submit to Congress a report 
describing— 
VerDate Nov 24 2008 
02:40 Aug 05, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 ORGANI-
ZATION.—The term ‘transportation management or-
ganization’ means a local, regional, or statewide as-
sociation 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 
VerDate Nov 24 2008 
07:18 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS
‘‘(G) 
appropriate 
employer-based 
pro-
grams.’’. 
(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 CON-
STRUCTION. 
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 mitiga-
tion 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 re-
view 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)— 
VerDate Nov 24 2008 
07:18 Aug 04, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3517.IH
H3517
jbell on DSKDVH8Z91PROD with BILLS