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. 
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 2013’’. 
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 by inserting after ‘‘the dis-
abled,’’ the following: ‘‘representatives of employers 
and transportation management organizations,’’. 
(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 (r).’’. 
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(d) TRANSPORTATION MANAGEMENT AREAS.—Sec-
tion 5303(k)(3) of title 49, United States Code, is amend-
ed 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 (r) 
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 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(r) EMPLOYER ADVISORY COUNCILS.— 
‘‘(1) IN
GENERAL.—Each metropolitan plan-
ning organization serving a transportation manage-
ment area shall establish an employer advisory coun-
cil that consists of representatives of employers in 
the area served by the metropolitan planning organi-
zation. 
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN GENERAL.—An employer advisory 
council shall consist of not less than 7 rep-
resentatives of employers and representatives of 
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identified transportation management organiza-
tions in the area served by the relevant metro-
politan planning organization. 
‘‘(B) ENSURING
A
DIVERSE
CROSS-SEC-
TION OF EMPLOYERS.—In establishing an em-
ployer advisory council, a metropolitan planning 
organization, to the extent practicable, shall en-
sure that the membership of the council in-
cludes a diverse cross-section of employers from 
the area served by the organization. 
‘‘(3) COMMUTER TRIP REDUCTION PLAN.—An 
employer advisory council established under para-
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 
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‘‘(E) a financing plan for the projects and 
activities identified under subparagraph (D). 
‘‘(s) 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 
‘‘(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-
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