Federal Employee Commuter Benefits Act of 2005 - Requires each Federal agency in the National Capital Region to implement a program under which all qualified Federal employees serving in or under such agency shall be offered transit pass transportation fringe benefits as required under Executive Order 13150.
Authorizes the use of a passenger carrier to transport a Federal officer or employee between his or her place of employment and a mass transit facility. Requires a Federal agency that provides such service to: (1) absorb the cost; (2) when possible, use alternative fuel vehicles; and (3) coordinate such transportation with other Federal agencies.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1018 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1018
To provide that transit pass transportation fringe benefits be made
available to all qualified Federal employees in the National Capital
Region; to allow passenger carriers which are owned or leased by the
Government to be used to transport Government employees between their
place of employment and mass transit facilities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2005
Mr. Sarbanes introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide that transit pass transportation fringe benefits be made
available to all qualified Federal employees in the National Capital
Region; to allow passenger carriers which are owned or leased by the
Government to be used to transport Government employees between their
place of employment and mass transit facilities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Commuter Benefits
Act of 2005''.
SEC. 2. TRANSIT PASS TRANSPORTATION FRINGE BENEFITS.
(a) In General.--Effective as of the first day of the next fiscal
year beginning after the date of the enactment of this Act, each
covered agency shall implement a program under which all qualified
Federal employees serving in or under such agency shall be offered
transit pass transportation fringe benefits, as described in subsection
(b).
(b) Benefits Described.--The benefits described in this subsection
are the transit pass transportation fringe benefits which, under
section 2 of Executive Order 13150, are required to be offered by
Federal agencies in the National Capital Region on the date of
enactment of this Act.
(c) Definitions.--In this section--
(1) the term ``covered agency'' means any agency, to the
extent of its facilities in the National Capital Region;
(2) the term ``agency'' means any agency (as defined by
7905(a)(2) of title 5, United States Code), the United States
Postal Service, the Postal Rate Commission, and the Smithsonian
Institution;
(3) the term ``National Capital Region'' includes the
District of Columbia and every county or other geographic area
covered by section 2 of Executive Order 13150;
(4) the term ``Executive Order 13150'' refers to Executive
Order 13150 (5 U.S.C. 7905 note);
(5) the term ``Federal agency'' is used in the same way as
under section 2 of Executive Order 13150; and
(6) any determination as to whether or not one is a
``qualified Federal employee'' shall be made applying the same
criteria as would apply under section 2 of Executive Order
13150.
(d) Rule of Construction.--Nothing in this section shall be
considered to require that a covered agency--
(1) terminate any program or benefits in existence on the
date of the enactment of this Act, or postpone any plans to
implement (before the effective date referred to in subsection
(a)) any program or benefits permitted or required under any
other provision of law; or
(2) discontinue (on or after the effective date referred to
in subsection (a)) any program or benefits referred to in
paragraph (1), so long as such program or benefits satisfy the
requirements of subsections (a) through (c).
SEC. 3. AUTHORITY TO USE GOVERNMENT VEHICLES TO TRANSPORT FEDERAL
EMPLOYEES BETWEEN THEIR PLACE OF EMPLOYMENT AND MASS
TRANSIT FACILITIES.
(a) In General.--Section 1344 of title 31, United States Code, is
amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g)(1) A passenger carrier may be used to transport an officer or
employee of a Federal agency between the officer's or employee's place
of employment and a mass transit facility (whether or not publicly
owned) in accordance with succeeding provisions of this subsection.
``(2) Notwithstanding section 1343, a Federal agency that provides
transportation services under this subsection (including by passenger
carrier) shall absorb the costs of such services using any funds
available to such agency, whether by appropriation or otherwise.
``(3) In carrying out this subsection, a Federal agency shall--
``(A) to the maximum extent practicable, use alternative
fuel vehicles to provide transportation services;
``(B) to the extent consistent with the purposes of this
subsection, provide transportation services in a manner that
does not result in additional gross income for Federal income
tax purposes; and
``(C) coordinate with other Federal agencies to share, and
otherwise avoid duplication of, transportation services
provided under this subsection.
``(4) For purposes of any determination under chapter 81 of title
5, an individual shall not be considered to be in the `performance of
duty' by virtue of the fact that such individual is receiving
transportation services under this subsection.
``(5)(A) The Administrator of General Services, after consultation
with the National Capital Planning Commission and other appropriate
agencies, shall prescribe any regulations necessary to carry out this
subsection.
``(B) Transportation services under this subsection shall be
subject neither to the last sentence of subsection (d)(3) nor to any
regulations under the last sentence of subsection (e)(1).
``(6) In this subsection, the term `passenger carrier' means a
passenger motor vehicle, aircraft, boat, ship, or other similar means
of transportation that is owned or leased by the United States
Government or the government of the District of Columbia.''.
(b) Funds for Maintenance, Repair, Etc.--Subsection (a) of section
1344 of title 31, United States Code, is amended by adding at the end
the following:
``(3) For purposes of paragraph (1), the transportation of an
individual between such individual's place of employment and a mass
transit facility pursuant to subsection (g) is transportation for an
official purpose.''.
(c) Coordination.--The authority to provide transportation services
under section 1344(g) of title 31, United States Code (as amended by
subsection (a)) shall be in addition to any authority otherwise
available to the agency involved.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5106-5107)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S5107)
Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
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