I 
111TH CONGRESS 
1ST SESSION H. R. 3725 
To relieve traffic congestion. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 6, 2009 
Mr. CASTLE (for himself and Mr. CAPUANO) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To relieve traffic congestion. 
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 ‘‘National Highway 
Chokepoint Congestion Relief Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) In 2007, traffic congestion in the top 437 
urban areas resulted in major chokepoints and bot-
tlenecks, causing Americans to lose 4.2 billion hours 
and 2.9 billion gallons of fuel sitting in traffic jams. 
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(2) At the most traffic congested chokepoints, 
each rush hour traveler ‘‘pays’’ an annual virtual 
congestion tax of between $600 and $1,600 in lost 
time and fuel and spends the equivalent of almost 
eight work days each year stuck in traffic. 
(3) Traffic congestion threatens business pro-
ductivity through the loss of efficient delivery cycles, 
the need for increased inventory, and the cost of 
congestion-related fuel emissions. 
(4) Traffic congestion causes highway crashes 
that can kill drivers, their passengers and other mo-
torists. As highway crowding grows and motorists 
jockey for position at exits and entryways, the poten-
tial for highway crashes increases. 
(5) Traffic congestion chokepoints hinder the 
Nation’s progress in improving air quality. Vehicles 
caught in stop-and-go traffic emit far more pollut-
ants, particularly carbon monoxide and volatile or-
ganic compounds, than they do when operating with-
out frequent braking and acceleration. 
(6) In the largest cities of the Nation, highway 
congestion impacts 67 percent of travel, lasts seven 
hours per day in duration, and increases by 37 per-
cent the length of the average rush hour driver’s 
trip. 
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(7) Traffic congestion is no longer simply a 
problem in the central areas of large cities. In fact, 
the rate of congestion has increased dramatically in 
medium-sized cities and suburban areas. 
(8) In a 2005 National League of Cities survey, 
traffic congestion led all other categories, including 
education and healthcare, when respondents were 
asked to identify the most deteriorated conditions in 
their cities over the last five years. 
(9) In December 2007, the National Surface 
Transportation Policy and Revenue Study Commis-
sion noted that certain chokepoints impede national 
and regional movements and recommended that a 
distinct program be established to fund projects that 
reduce traffic congestion. 
SEC. 3. CHOKEPOINT CONGESTION RELIEF PROGRAM. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Transportation shall issue 
regulations that establish a chokepoint congestion relief 
program pursuant to the requirements of this Act. 
SEC. 4. NATIONAL CHOKEPOINT REGIONS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall develop criteria for desig-
nating national chokepoint regions in a State, or more 
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than one State if the States are contiguous, based on fac-
tors, including— 
(1) daily vehicle-miles of travel; 
(2) estimates of annual hours of delay per trav-
eler; 
(3) comparisons of peak period travel time to 
free-flow travel time (travel time index); 
(4) percentage of trucks in traffic stream; 
(5) estimates of wasted fuel per traveler; 
(6) estimates of extra costs due to travel delay 
and fuel consumption; 
(7) percentage of daily travel in congested con-
ditions; 
(8) proximity to shipping ports, airports, com-
muter rail, tourist destinations, and freight trans-
portation corridors; 
(9) estimates of incident-related travel delay, 
including roadside distractions and ‘‘rubbernecking’’; 
(10) abrupt changes in highway alignment such 
as sharp curves and hills; 
(11) intended interruption to highway flow such 
as tollbooths and freeway ramp meters; and 
(12) vehicle merging maneuvers such as 
‘‘lanedrop,’’ 
lane-blocking 
incidents, 
‘‘weaving 
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areas’’, freeway on-ramps, and freeway-to-freeway 
interchanges. 
SEC. 5. GRANT PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary may make 
a grant for capital improvements under this Act to a State 
department of transportation having jurisdiction over an 
area within a national chokepoint region. 
(b) SECRETARIAL APPROVAL.—A grant may only be 
made under this Act for an eligible project described in 
section 7. 
(c) COORDINATION WITH EXISTING PROGRAMS.— 
The Secretary shall coordinate the chokepoint congestion 
relief program with existing programs, including the cor-
ridors of the future program. 
(d) CONSTRUCTION STANDARDS.—A project to be 
carried out with assistance under this Act that is for a 
highway that is on a Federal-aid system (as defined in 
section 101 of title 23, United States Code) shall be con-
structed to the same standards that would apply if such 
project was being carried out with assistance under chap-
ter 1 of title 23, United States Code. 
(e) FEDERAL SHARE.— 
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(1) IN GENERAL.—The Federal share of the 
cost of an eligible project for which a grant is made 
under this Act shall be 80 percent. 
(2) NON-FEDERAL
SHARE.—The non-Federal 
share of the cost of an eligible project for which a 
grant is made under this Act may not be provided 
from Federal funds made available under any other 
law. 
SEC. 6. APPORTIONMENT OF FUNDS. 
(a) IN GENERAL.—The Secretary is authorized to 
carry out the chokepoint congestion relief program de-
scribed in section 5 by apportioning amounts to State de-
partments of transportation, in the form of capital im-
provement grants, for carrying out eligible projects in the 
national chokepoint regions. 
(b) FORMULA FOR APPORTIONMENT.—The Secretary 
shall develop a formula for apportioning amounts to eligi-
ble projects in national chokepoint regions based on— 
(1) estimates of annual hours of delay per trav-
eler; 
(2) daily vehicle-miles of travel on Federal-aid 
highways; and 
(3) comparisons of peak period travel time to 
free-flow travel time (travel time index). 
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(c) 
APPORTIONMENTS
TO
MORE
THAN
ONE 
STATE.—If a national chokepoint region is within the 
boundaries of more than one State, the Secretary shall ap-
portion the funds apportioned under subsection (a) for 
carrying out eligible projects in such national chokepoint 
regions among such States as follows: 
(1) 50 percent of the apportionment in the ratio 
that— 
(A) the total lane miles of Federal-aid 
highways in the national chokepoint region in 
each of such States; bears to 
(B) the total lane miles of Federal-aid 
highways in the national chokepoint region in 
all of such States. 
(2) 50 percent of the apportionments in the 
ratio that— 
(A) the total vehicle miles traveled on lanes 
on Federal-aid highways in the national 
chokepoint region in each of such States; bears 
to 
(B) the total vehicle miles traveled on 
lanes on Federal-aid highways in the national 
chokepoint region in all of such States. 
(d) PERIOD OF AVAILABILITY.—Amounts granted to 
a State department of transportation for carrying out an 
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eligible project, from amounts apportioned under this sub-
section, shall remain available for obligation for a period 
of 6 years after the last day of the fiscal year for which 
the funds are authorized to be appropriated. Any amounts 
so apportioned that remain unobligated at the end of such 
period shall be allocated to other States for the purpose 
of funding eligible projects located in national chokepoint 
regions at the discretion of the Secretary. 
SEC. 7. PROJECT SELECTION AND ELIGIBILITY. 
(a) SELECTION PROCESS GUIDELINES.—Not later 
than 180 days after the date of enactment of this Act, 
the Secretary shall issue project selection guidelines for 
a State department of transportation to follow in selecting 
eligible projects for which grants may be made under this 
Act. 
(b) MINIMUM REQUIREMENTS.—The selection guide-
lines issued by the Secretary pursuant to subsection (a) 
shall include a requirement that a State department of 
transportation— 
(1) consult with local governments, port au-
thorities, and regional planning organizations during 
the project selection process; 
(2) adhere to applicable metropolitan and state-
wide planning processes, including sections 134 and 
135 of title 23, United States Code, in selecting 
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projects for which grants may be made under this 
Act; 
(3) develop and implement a selection process 
that is in writing and available to the public; 
(4) develop and implement a process for rating 
proposed projects for which grants may be made 
under this Act; and 
(5) identify the basis for rating projects under 
paragraph (4). 
SEC. 8. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means a project or activity eligible for as-
sistance under chapter 1 of title 23, United States 
Code. 
(2) FEDERAL-AID HIGHWAY.—The term ‘‘Fed-
eral-aid highway’’ has the meaning such term has 
under section 101 of title 23, United States Code. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(4) STATE.—The term ‘‘State’’ means any of 
the 50 States, the District of Columbia, and Puerto 
Rico. 
(5) 
STATE
DEPARTMENT
OF
TRANSPOR-
TATION.—The term ‘‘State department of transpor-
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tation’’ has the meaning such term has under sec-
tion 101 of title 23, United States Code. 
SEC. 9. SENSE OF CONGRESS REGARDING PERFORMANCE 
MEASURES AND QUANTITATIVE GOALS FOR 
STATE DOTS. 
It is the sense of Congress that— 
(1) States should adopt both interim and long- 
term objectives for significantly reducing traffic con-
gestion at chokepoint areas within each State; and 
(2) establishing performance measures and 
quantitative goals will allow State departments of 
transportation to use available resources as effi-
ciently as possible on projects that have the max-
imum impact in reducing traffic congestion and im-
proving mobility. 
SEC. 10. SENSE OF CONGRESS ON NONAUTOMOTIVE TRAV-
EL MODES, TRAVEL DEMAND MANAGEMENT, 
GROWTH MANAGEMENT STRATEGIES, AND 
GREEN INFRASTRUCTURE. 
It is the sense of Congress that alleviating traffic con-
gestion requires that the House of Representatives and the 
Senate commit to authorizing and funding— 
(1) nonautomotive modes of travel, including 
intercity passenger rail, commuter rail, light rail, 
heavy rail, bus transit, and bikeways; 
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(2) travel demand management strategies, in-
cluding ridesharing, dedicated highway lanes for 
high occupancy vehicles, staggered work hour initia-
tives, and telecommuting; 
(3) growth management and land use strate-
gies; and 
(4) strategies that promote the inclusion of 
trees and green infrastructure along transportation 
corridors, which has been shown to reduce air pollu-
tion by removing airborne contaminants and to re-
duce congestion by calming traffic and creating safer 
roadways. 
SEC. 11. RITA STUDY OF CONGESTION PRICING. 
Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Research and Innova-
tive Technology Administration, through the Volpe Na-
tional Transportation Systems Center, shall— 
(1) study the extent to which congestion pricing 
can provide an incentive for travelers to drive during 
off-peak hours or to change their mode of transpor-
tation for time-sensitive journeys; 
(2) study the potential for congestion pricing to 
generate revenue and thus require less tax-based 
funding; 
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(3) study foreign congestion pricing practices, 
such as those utilized in London, England, and 
Stockholm, Sweden, and the cost and feasibility of 
implementing selected best practices in the United 
States; and 
(4) report the results of the study to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated from the 
Highway Trust Fund such sums as may be necessary to 
carry out this Act for fiscal years 2010 through 2015. 
Æ 
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