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. 
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 2017’’. 
SEC. 2. METROPOLITAN TRANSPORTATION PLANNING. 
(a) DEFINITIONS.—Section 5303(b) of title 49, 
United States Code, is amended— 
(1) by redesignating paragraph (7) as para-
graph (9); 
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(2) by redesignating paragraphs (1) through 
(6) as paragraphs (2) through (7), respectively; 
(3) by inserting before paragraph (2) (as so re-
designated by paragraph (2) of this subsection) the 
following: 
‘‘(1) 
EMPLOYER-BASED
COMMUTER
PRO-
GRAM.—The term ‘employer-based commuter pro-
gram’ means a program implemented by an em-
ployer that provides employees of that employer with 
alternatives to driving to and from work in a vehicle 
occupied by a single individual, including the fol-
lowing: 
‘‘(A) A carpool program. 
‘‘(B) A vanpool program. 
‘‘(C) A transit benefit program. 
‘‘(D) A parking cash-out program. 
‘‘(E) A shuttle program. 
‘‘(F) A telework program.’’; and 
(4) by inserting before paragraph (9) (as so re-
designated by paragraph (1) of this subsection) the 
following: 
‘‘(8) 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 
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providing employees of those employers with alter-
natives to driving to and from work in a vehicle oc-
cupied by a single individual.’’. 
(b) DEVELOPMENT OF TRANSPORTATION PLAN.— 
(1) 
TRANSPORTATION
PLAN.—Section 
5303(i)(2) of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(I) EMPLOYER
OUTREACH
ACTIVITIES 
AND
STRATEGIES.—Proposed activities and 
strategies to provide outreach to employers and 
transportation management organizations to fa-
cilitate the creation and expansion of employer- 
based commuter programs.’’. 
(2) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—Section 5303(i)(6)(A) of title 49, United 
States Code, is amended— 
(A) by striking ‘‘, employer-based com-
muting programs, such as a carpool program, 
vanpool program, transit benefit program, park-
ing cash-out program, shuttle program, or 
telework program’’; and 
(B) by inserting after ‘‘the disabled,’’ the 
following: ‘‘representatives of employers, em-
ployer-based commuter programs, and transpor-
tation management organizations,’’. 
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(c) METROPOLITAN TIP.—Section 5303(j)(2)(A) of 
title 49, United States Code, is amended by striking the 
period at the end and inserting ‘‘, including projects iden-
tified in a relevant commuter trip reduction plan developed 
under subsection (s).’’. 
(d) TRANSPORTATION MANAGEMENT AREAS.—Sec-
tion 5303(k)(3) of title 49, United States Code, is amend-
ed— 
(1) in subparagraph (A) by striking ‘‘operators, 
employer-based commuting programs, such as a car-
pool program, vanpool program, transit benefit pro-
gram, parking cash-out program, shuttle program, 
or telework program’’ and inserting ‘‘operations and 
employer-based commuter programs’’; 
(2) by striking subparagraphs (C) and (D); and 
(3) by adding at the end the following: 
‘‘(C) EMPLOYER INVOLVEMENT.—A proc-
ess for addressing congestion management 
under subparagraph (A) shall be developed in 
coordination with any relevant employer advi-
sory council established under subsection (s) 
and shall include projects identified in the com-
muter trip reduction plan of that council.’’. 
(e) EMPLOYER ADVISORY COUNCILS AND INFORMA-
TION CLEARINGHOUSE.—Section 5303 of title 49, United 
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graph (1) shall develop and maintain a commuter 
trip reduction plan that identifies— 
‘‘(A) commuting patterns in the area 
served by the relevant metropolitan planning or-
ganization; 
‘‘(B) area goals for the reduction of vehicle 
miles traveled during peak commuting hours; 
‘‘(C) existing and proposed employer-based 
commuter programs in the area; 
‘‘(D) a series of projects and activities to 
facilitate achievement of the goals identified 
under subparagraph (B); and 
‘‘(E) a financing plan for the projects and 
activities identified under subparagraph (D). 
‘‘(t) INFORMATION
CLEARINGHOUSE.—The Sec-
retary is authorized to make a grant to a national non-
profit organization engaged in efforts relating to em-
ployer-based commuter programs or another entity to— 
‘‘(1) establish and operate an information clear-
inghouse relating to employer investment in trans-
portation and employer-based commuter programs; 
‘‘(2) develop an education program with respect 
to employer investment in transportation and em-
ployer-based commuter programs; and 
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‘‘(3) provide technical assistance relating to em-
ployer-based commuter programs and disseminate 
techniques and strategies used by successful em-
ployer-based commuter programs.’’. 
SEC. 3. CONGESTION MITIGATION DURING PROJECT CON-
STRUCTION. 
Section 106 of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(k) CONGESTION MITIGATION PLANS.— 
‘‘(1) REQUIREMENT.—A recipient of Federal fi-
nancial assistance under this title for a project with 
an estimated total cost of $75,000,000 or more or 
that will reduce traffic flow (as defined by the Sec-
retary) for more than 120 days shall prepare a con-
gestion mitigation plan for such project that includes 
funding for projects to reduce vehicle miles traveled 
during peak commuting hours along the impacted 
corridor. 
‘‘(2) COORDINATION.—A recipient shall prepare 
a congestion mitigation plan under paragraph (1) in 
coordination with any relevant employer advisory 
council established under section 5303(s) of title 49. 
‘‘(3) REVIEW
BY
SECRETARY.—A congestion 
mitigation plan prepared under paragraph (1) shall 
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be made available to the Secretary for review upon 
the request of the Secretary.’’. 
SEC. 4. EMPLOYER-BASED COMMUTER PROGRAMS ACTION 
PLAN. 
(a) IN GENERAL.—The Secretary of Transportation 
shall develop and implement a plan to expand and promote 
employer-based commuter programs (as defined in section 
5303(b) of title 49, United States Code). 
(b) CONTENTS.—The plan developed under sub-
section (a) shall include plans— 
(1) to amend existing regulations and guidance 
and, if necessary, develop new regulations and guid-
ance to ensure that employer-based commuter pro-
grams are integrated, to the extent possible, into all 
appropriate Federal transportation programs; 
(2) to identify best practices with respect to 
employer-based commuter programs; 
(3) to research the effectiveness and efficiency 
of employer-based commuter programs; and 
(4) to create a national and regional peer ex-
change program to ensure that developments with 
respect to employer-based commuter programs are 
shared and issues are addressed. 
(c) TIMING.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall finalize and 
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begin implementation of the plan developed under sub-
section (a). 
(d) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this Act, the Secretary shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Banking, Housing, and Urban Affairs and the 
Committee on Environment and Public Works of the Sen-
ate a report on the implementation and impact of the plan 
developed under subsection (a). 
SEC. 5. DISASTER PREPAREDNESS REPORT. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Banking, Housing, and Urban Affairs 
and the Committee on Environment and Public Works of 
the Senate a report with recommendations on how to bet-
ter integrate employer-based commuter programs (as de-
fined in section 5303(b) of title 49, United States Code) 
into emergency planning, preparedness, and response ac-
tivities. 
(b) COORDINATION.—In preparing the report under 
subsection (a), the Secretary shall consult with— 
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(1) the Administrator of the Federal Emer-
gency Management Agency; and 
(2) stakeholders, including national and re-
gional organizations and experts that promote em-
ployer-based commuter programs. 
Æ 
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