69–006 

110TH CONGRESS REPT. 110–727 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

SAVING ENERGY THROUGH PUBLIC TRANSPORTATION 

ACT OF 2008 

JUNE 20, 2008.—Ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 6052] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 6052) to promote increased public transportation use, to promote increased use of alternative fuels in providing public transportation, and for other purposes, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

PURPOSE OF THE LEGISLATION

H.R. 6052, the ‘‘Saving Energy Through Public Transportation 

Act of 2008’’, promotes increased public transportation use and increased use of alternative fuels in providing public transportation, 

and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

According to the U.S. Department of Energy (‘‘DOE’’), the transportation sector accounts for 68 percent of the total U.S. petroleum 

consumption, and Americans used almost 14 million barrels of oil 

each day for transportation purposes in 2006. 

In addition, the U.S. Environmental Protection Agency (‘‘EPA’’) 

estimates that 27.7 percent of the total greenhouse gas emissions 

produced by the United States come from the transportation sector, 

second only to electricity generation. DOE reports that the carbon 

dioxide emissions from the transportation sector grew 25.4 percent 

between 1990 and 2006, an average of 1.4 percent each year. The 

most recent DOE data show that transportation produces more 

metric tons of energy-related carbon dioxide than the residential 


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and commercial sectors, and almost as much as the industrial sector. Nearly all of these transportation-related emissions come from 

the use of petroleum products. 

In response to these adverse energy and emissions effects of 

transportation, the Federal Government has implemented a wide 

array of initiatives, including support for public transit and nonmotorized transportation, alternative fuels research and implementation, programs to improve air quality and to reduce congestion, 

and programs to increase the number of Federal employees who 

use public transportation for their commute. While these initiatives 

assist Americans in reducing their transportation-related emissions, energy consumption, and reliance on foreign oil, improvements to these programs in addition to new Federal initiatives are 

needed in order to move the United States toward greater energy 

independence. 

Increasing public transportation use in America is one of the 

most promising ways to meet our energy and emissions reduction 

goals. As such, the primary objective of H.R. 6052, the ‘‘Saving Energy Through Public Transportation Act of 2008’’, is to reduce the 

United States’ dependence on foreign oil by encouraging more people to use public transportation. By increasing incentives for commuters to choose transit options, the Federal Government can 

strengthen its role in partnering with the American public in reducing our transportation-related energy consumption and reliance 

on foreign oil. 

The energy savings and emissions reductions generated by public 

transportation use in the United States are well documented. According to two recent studies, the direct petroleum savings attributable to current public transportation use in the United States is 

1.4 billion gallons per year. When the secondary effects of transit 

availability on travel are also taken into account, public transportation saves the equivalent of 4.2 billion gallons of gasoline annually—more than 11 million gallons of gasoline per day. Moreover, 

if Americans used transit at the same rate as Europeans—for 

roughly 10 percent of their daily travel needs—the United States 

could reduce its dependence on imported oil by more than 40 percent, nearly equal to the 550 million barrels of crude oil that we 

import from Saudi Arabia each year. 

Public transportation use is also estimated to reduce carbon dioxide emissions by 37 million metric tons annually. When a solo commuter switches from a single occupancy vehicle to a transit commute, this single mode shift can reduce carbon dioxide emissions 

by 20 pounds per day—more than 4,800 pounds in a year. 

To a great degree, public transportation use is already experiencing a renaissance in many American cities and towns. In 2007, 

Americans took over 10.3 billion trips on public transportation, the 

highest level in 50 years. Public transportation use is up 32 percent 

since 1995, a figure that is more than double the growth rate of 

the population and is substantially greater than the growth rate of 

vehicle miles traveled on our nation’s highways for that same period. Around the country, voters continue to approve state and local 

ballot initiatives to support public transportation, even when it 

means local taxes will be raised or continued. 

As the average price of regular gasoline has reached $4 per gallon, even more commuters are choosing to ride the train or the bus 


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to work rather than drive alone in their cars. Transit systems in 

metropolitan areas are currently reporting increases in ridership of 

five, ten, and even 15 percent over last year’s figures. In the first 

quarter of 2008, commuters took more than 2.6 billion trips on 

trains, subways, light rail, and buses nationwide, an increase of 3.3 

percent over the first quarter of 2007. Light rail saw the greatest 

increase in ridership—light rail ridership increased 10 percent to 

110 million trips in the first quarter of 2008. During the same 

timeframe, highway vehicle miles traveled declined by 2.3 percent. 

In Denver, for example, ridership was up eight percent in the first 

three months of 2008 compared with last year, while Minneapolis, 

Seattle, Dallas-Fort Worth and San Francisco all reported similar 

increases. 

Some of the largest increases in transit ridership are occurring 

in many areas in the South and West where new bus and light rail 

lines have been built in recent years. The Charlotte Area Transit 

System, which recently opened a new light rail line, has increased 

ridership more than 34 percent from February 2007 to February 

2008. Caltrain, the commuter rail line that serves the San Francisco Peninsula and the Santa Clara Valley, set a record for average weekday ridership in February with a 9.3 percent increase over 

2007. The South Florida Regional Transportation Authority, which 

operates a commuter rail system from Miami to Fort Lauderdale 

and West Palm Beach, posted a rise of more than 20 percent in ridership in March and April compared to the same time last year. 

Meeting this impressive demand for public transportation services is no small task for local transit agencies. The cost of fuel and 

power for public transportation has sharply increased in recent 

years. In 2005, approximately 911 million gallons of fossil fuels and 

six billion kilowatt-hours of electricity were used to move transit 

vehicles. These figures represent an increase of 50 million gallons 

of fuels and 400 million kilowatt-hours during only a three-year period. Moreover, the slowing economy means less state and local 

funding is available to cover the costs of the increased fuel and 

electricity needed to maintain transit services. Some transit agencies are facing service cuts and fare increases as a result of the 

high cost of fuel, which may result in less—rather than more—

Americans riding transit. 

In addition to increasing transit ridership, increasing the amount 

of alternative fuels and clean technologies that transit agencies use 

in providing public transportation can significantly further our energy and emissions reduction goals. By switching to non-petroleumbased or cleaner burning fuel, transit vehicles can reduce the 

amount of carbon-based pollutants they emit. On average, alternative fuels burn cleaner than traditional petroleum fuels, and in 

some cases burn up to 90 percent cleaner. Alternative fuels help reduce emissions of carbon monoxide, organic compounds, nitrogen 

oxide, sulfur and particulate matter. Cleaner fuels, along with better engineered engines, have helped reduce air pollution levels in 

most urban communities over the past 10 years, although widespread use of alternative fuels across all transit modes has yet to 

be achieved. In 2005, only 6.3 percent of paratransit vehicles and 

only 19.1 percent of buses used an alternative form of power, compared with 49.6 percent of commuter rail cars, 98.8 percent of light 

rail cars, and 100 percent of heavy rail and streetcars. 


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Currently, the Federal Government provides a Federal share of 

90 percent for clean fuel and alternative fuel transit bus, ferry or 

locomotive-related equipment or facilities. However, given the way 

in which the Federal Transit Administration administers this provision, the average Federal share for these types of clean fuel 

projects is only 83 percent. As such, it is important to further increase the Federal share for clean and alternative fuel transit 

projects, thereby assisting transit agencies in reducing their transportation-related emissions and reliance on foreign oil. 

Another approach to meeting our energy and emissions reduction 

goals is to increase the number of transit commuters within the 

Federal workforce. For more than 20 years, laws have been in place 

to encourage Federal employees to commute by means other than 

single-occupancy vehicles in order to improve air quality and reduce congestion. The most commonly used program to achieve 

these goals at the Federal level has been the Federal Transit Benefits Program, but current law does not require that all Federal 

agencies implement the program. Rather, participation is only required in certain regions and by certain agencies, thereby limiting 

an otherwise successful initiative. 

Transit benefits programs create incentives for commuters to 

switch from driving alone to work to taking public transportation. 

These programs have reduced Federal employees’ contribution to 

traffic congestion and air pollution and expanded their commuting 

alternatives. The Department of Transportation has called for the 

nationwide expansion of the Federal Transit Benefits Program, an 

action which will provide more Federal employees with the option 

to choose transit for their commute, thereby reducing their transportation-related energy consumption and reliance on foreign oil. 

As Congress begins to more fully address the negative consequences of energy dependence and climate change, the role that 

public transportation plays in lessening our carbon footprint should 

be rightfully recognized. The Federal Government should continue 

to provide incentives for commuters to choose transit options, especially those commuters within the Federal workforce, and encourage transit agencies to increase their use of clean and alternative 

fuels. Each of these initiatives will help increase public transportation use nationwide, thereby reducing the United States’ transportation-related energy consumption and reliance on foreign oil 

and decreasing our greenhouse gas emissions. Providing more 

Americans with the opportunity to choose transit options over driving alone is one of the most promising ways to meet our energy and 

emissions reduction goals. 

H.R. 6052 authorizes $1.7 billion in immediate funding to increase public transportation use across the United States. Transit 

agencies may use these funds to reduce transit fares or expand 

transit services in order to provide incentives for commuters to 

choose transit options. These funds will allow transit agencies to 

provide incentives for commuters to choose transit options, thereby 

reducing their transportation-related energy consumption and reliance on foreign oil, as well as decreasing their greenhouse gas 

emissions. 


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SUMMARY OF THE LEGISLATION

Sec. 1. Short title 

This section designates the short title of the Act as the ‘‘Energy 

Savings Through Public Transportation Act of 2008’’. 

Sec. 2. Findings 

This section details findings made by Congress regarding the 

ways in which public transportation use helps Americans reduce 

their transportation-related energy consumption and reliance on 

foreign oil, as well as decrease their greenhouse gas emissions. 

Sec. 3. Grants to improve public transportation services 

This section authorizes $1.7 billion in immediate funding to increase public transportation use across the United States. Transit 

agencies may use these funds to reduce transit fares or expand 

transit services in order to provide incentives for commuters to 

choose transit options. This section provides $850 million for each 

of fiscal years 2008 and 2009 for these grants. The funds are distributed by the urbanized area formula (section 5307) and the rural 

formula (section 5311) of title 49, United States Code. The funds 

are available to expand transit services and reduce transit fares. 

The funds are available for two years and have a 100 percent Federal share. 

These funds will allow transit agencies to provide incentives for 

commuters to choose transit options, thereby reducing their transportation-related energy consumption and reliance on foreign oil, as 

well as decreasing their greenhouse gas emissions. 

Sec. 4. Increased Federal share for clean air act compliance 

This section increases the Federal share for clean fuel and alternative fuel transit bus, ferry or locomotive-related equipment or facilities from 90 percent to 100 percent of the net project cost for fiscal years 2008 and 2009, unless the grant recipient requests a 

lower grant percentage. 

The increased Federal share creates incentives for transit agencies to purchase alternative fuel transit equipment. 

Sec. 5. Federal agency transit benefits 

This section establishes a nationwide Federal transit pass benefits program and requires all Federal agencies in the United States 

to offer transit passes to Federal employees working in urbanized 

areas with fixed route transit systems. It also requires that specific 

guidelines be followed in implementing the nationwide program to 

avoid the possibility of fraud and abuse. 

Section 3049 of P.L. 109–59, the ‘‘Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users’’, currently 

requires that all Federal agencies within the National Capital Region implement a transit pass fringe benefits program and offer 

employees transit passes. This requirement originated from Executive Order 13150, signed by President Clinton on April 21, 2000. 

The Executive Order also required the Department of Transportation, the Environmental Protection Agency, and the Department 

of Energy to implement a nationwide three-year pilot transit pass 


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benefit program for all qualified Federal employees of those agencies. 

The Department of Transportation (‘‘DOT’’) has determined that 

both the National Capital Region program and the nationwide pilot 

program are a success, and recommends that the transit pass benefits program be extended to all Federal employees nationwide. 

Data from the Washington Metropolitan Area Transportation Authority covering the first three years of the National Capital Region 

transit pass program show that more than 15,500 automobiles 

were eliminated from roads in the Washington, D.C., area as a result of Federal employees shifting their travel mode away from single occupancy vehicle (‘‘SOV’’) use to public transportation use for 

commuting to work. The Department of Transportation estimated 

that emissions and energy savings from this mode shift included 

the reduction of more than eight million gallons of gasoline, nearly 

40,000 tons of carbon dioxide, and over 675 tons of carbon monoxide for each of the three years that they studied. DOT also studied the results of the nationwide pilot and found that, within the 

three covered agencies, 11 percent of the participants shifted their 

travel mode away from SOV use to public transportation use for 

commuting to work, again producing marked energy and emissions 

savings, reduced congestion and cleaner air. 

This program will allow Federal agencies nationwide to provide 

incentives for commuters to choose transit options, thereby reducing their transportation-related energy consumption and reliance 

on foreign oil, as well as decreasing their greenhouse gas emissions. 

FULL-TIME FEDERAL EMPLOYMENT IN 27 METROPOLITAN STATISTICAL AREAS 

Metropolitan area Number of Federal employees 

Washington-Baltimore, DC–MD–VA–WV ......................................................................................................... 312,854 

New York-Northern New Jersey-Long Island ................................................................................................... 65,083 

Los Angeles-Riverside-Orange County, CA ..................................................................................................... 46,432 

Philadelphia-Wilmington-Atlantic City, PA ..................................................................................................... 39,242 

Norfolk-Virginia Beach-Newport News, VA ..................................................................................................... 38,630 

Seattle-Tacoma-Bremerton, WA ...................................................................................................................... 34,432 

Atlanta, GA ..................................................................................................................................................... 31,798 

San Diego, CA ................................................................................................................................................ 29,212 

Boston-Worcester-Lawrence, MA–NH–ME–CT ................................................................................................ 29,015 

Chicago-Gary-Kenosha, IL–IN–WI ................................................................................................................... 28,687 

San Francisco-Oakland-San Jose, CA ............................................................................................................ 27,652 

Dallas-Fort Worth, TX ..................................................................................................................................... 24,411 

Salt Lake City-Ogden, UT ............................................................................................................................... 23,088 

Oklahoma City, OK ......................................................................................................................................... 22,144 

Denver-Boulder-Greeley, CO ........................................................................................................................... 21,240 

Kansas City, MO–KS ....................................................................................................................................... 19,868 

San Antonio, TX .............................................................................................................................................. 19,572 

Honolulu, HI .................................................................................................................................................... 19,509 

Miami-Fort Lauderdale, FL ............................................................................................................................. 15,787 

Detroit-Ann Arbor-Flint, MI ............................................................................................................................. 15,531 

Houston-Galveston-Brazoria, TX ..................................................................................................................... 14,353 

Portland-Salem, OR–WA ................................................................................................................................. 12,442 

Cleveland-Akron-Lorain, OH ........................................................................................................................... 11,077 

Cincinnati-Hamilton, OH–KY–IN ..................................................................................................................... 10,709 

San Juan-Caguas-Arecibo, PR ....................................................................................................................... 8,967 

Sacramento-Yolo, CA ...................................................................................................................................... 7,033 

Milwaukee-Racine, WI .................................................................................................................................... 4,855 


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FULL-TIME FEDERAL EMPLOYMENT IN 27 METROPOLITAN STATISTICAL AREAS—Continued 

Metropolitan area Number of Federal 

employees 

Total ....................................................................................................................................................... 933,623 

Source: U.S. Office of Personnel Management, March 31, 2004 

Sec. 6. Capital cost of contracting vanpool pilot program 

This provision creates a pilot program to allow the amount expended by private providers of public transportation by vanpool for 

the acquisition of vans to be used as the non-Federal share for 

matching Federal transit funds in five communities. Under current 

law, only local public funds may be used as local match, and this 

pilot program allows private funds to be used in limited circumstances. This section requires the private providers of vanpool 

services to use revenues they receive in providing public transportation, in excess of its operating costs, for the purpose of acquiring 

vans, excluding any amounts the providers may have received in 

Federal, state, or local government assistance for such acquisition. 

The Department of Transportation will implement and oversee the 

vanpool pilot projects, and will report to Congress on the costs, benefits, and efficiencies of the vanpool projects. 

This program will encourage expanded partnering of local communities with private vanpool providers to provide commuters with 

additional transit options, thereby reducing their transportation-related energy consumption and reliance on foreign oil, as well as decreasing their greenhouse gas emissions. 

Sec. 7. Increased Federal share for end-of-line fixed guideway stations 

This provision increases the Federal share for right-of-way acquisition, design, engineering, and construction of additional parking 

facilities at end-of-line fixed guideway stations from 80 percent to 

100 percent of the net project cost for fiscal years 2008 and 2009, 

unless the grant recipient requests a lower grant percentage. Suburban commuters are more likely to use transit options, such as 

commuter rail or heavy rail, if there is adequate parking at the station. 

This provision will increase the total number of transit commuters who have access to transit facilities, thereby reducing their 

transportation-related energy consumption and reliance on foreign 

oil, as well as decreasing their greenhouse gas emissions. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

On June 20, 2007, the Committee on Transportation and Infrastructure ordered reported H.R. 2701, the ‘‘Transportation Energy 

Security and Climate Change Mitigation Act of 2007,’’ favorably to 

the House. Section 201 and section 202 of H.R. 2701 are the basis 

for sections 3 and 4 of H.R. 6052. H.R. 2701, as ordered reported 

was incorporated into H.R. 3221, the ‘‘New Direction for Energy 

Independence, National Security, and Consumer Protection Act.’’ See sections 8201 and 8202 of H.R. 3221. Section 6 of this bill was 

adopted as an amendment to H.R. 3221 during Floor consideration 

of the bill. On August 4, 2007, the House passed H.R. 3221 by a 


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recorded vote of 241–172. However, these provisions were not included in the final version of P.L. 110–140, the ‘‘Energy Independence and Security Act of 2007.’’

On May 14, 2008, Chairman James L. Oberstar introduced H.R. 

6052, the ‘‘Saving Energy Through Public Transportation Act of 

2008.’’

On May 15, 2008, the Committee on Transportation and Infrastructure met to consider H.R. 6052, and ordered the bill reported 

favorably to the House by voice vote with a quorum present. 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with consideration of H.R. 6052 or ordering it reported. A motion to order H.R. 6052 reported favorably to 

the House was agreed to by voice vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office included in the report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to promote increased public 

transportation use and increased use of alternative fuels in providing public transportation. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 6052 from the Director of the Congressional Budget Office: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, June 13, 2008. 

Hon. JAMES L. OBERSTAR, Chairman, 

Committee on Transportation, and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6052, the Saving Energy 

Through Public Transportation Act of 2008. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sarah Puro. 

Sincerely, 

ROBERT A. SUNSHINE

(For Peter R. Orszag, Director). 

Enclosure. 

H.R. 6052—Saving Energy Through Public Transportation Act of 

2008 

Summary: H.R. 6052 would authorize the appropriation of $850 

million in 2009 for grants to public transportation authorities to reduce fares or expand services. The bill also would require all federal agencies in areas that meet certain criteria to offer their employees subsidies to take public transportation; however, almost all 

agencies currently offer such a benefit. CBO estimates that providing additional transit subsidies under this provision would cost 

about $5 million a year. 

CBO estimates that implementing H.R. 6052 would cost $806 

million over the 2009–2013 period, assuming the appropriation of 

the necessary funds. The legislation could also affect direct spending by agencies not funded through annual appropriations (such as 

the Tennessee Valley Authority). CBO estimates, however, that any 

net increase in spending by those agencies would not be significant. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 6052 is shown in the following table. The costs 

of this legislation fall within budget function 400 (transportation). 

By fiscal year, in millions of dollars 

2009 2010 2011 2012 2013 2009–

2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Public Transportation Grants: 

Authorization Level .................................................. 850 0 0 0 0 850 

Estimated Outlays ................................................... 128 255 170 128 102 782 

Transit Benefits for Federal Employees: 

Estimated Authorization Level ................................. 5 5 5 5 5 25 

Estimated Outlays ................................................... 4 5 5 5 5 24 

Total Changes: 

Estimated Authorization Level ................................. 855 5 5 5 5 875 

Estimated Outlays ................................................... 132 260 175 132 107 806 

Note: Components may not sum to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that H.R. 

6052 will be enacted near the start of fiscal year 2009 and that the 

authorized and necessary amounts will be appropriated each year 


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beginning in fiscal year 2009. (H.R. 6052 also would authorize the 

appropriation of $850 million in 2008 for grants to public transportation authorities; however, those amounts are not included in this 

cost estimate because CBO assumes that no further appropriations 

will be provided in 2008 for such programs.) Estimates of spending 

are based on historical spending patterns of existing programs. 

Public transportation grants 

H.R. 6052 would direct the Department of Transportation to administer grants that would aid public transportation authorities to 

either reduce fares or to expand services, and it would authorize 

the appropriation of $850 million for fiscal year 2009. That amount 

includes $750 million for such programs in urban areas with populations over 50,000 and $100 million for areas with populations 

under 50,000. Based on spending patterns for similar programs, 

CBO estimates that implementing those grant programs would cost 

$782 million over the 2009–2013 period. 

Transit benefits for Federal employees 

H.R. 6052 would require all federal agencies with employees in 

urbanized areas served by public transportation systems that operate on fixed routes to offer their employees passes to be used on 

such transportation so that they may commute to work. About 40 

metropolitan statistical areas have such transportation systems. 

Under current law, all employees in the National Capital Area are 

offered such a benefit, and about 35 percent of such employees currently take the benefit. 

Although not required by current law, according to the Department of Transportation, the Department of Health and Human 

Services, and the Environmental Protection Agency, almost all 

agencies with employees in urban areas outside of the National 

Capital Area offer their employees a subsidy to take public transportation as would be required by the provisions in H.R. 6052. Because most employees are already eligible for a subsidy, CBO estimates that no more than 5,000 additional employees would receive 

the subsidy under the bill. Nationwide, the average amount that 

employees receive for the transit benefit is a nearly $90 per month. 

Thus, CBO estimates that implementing this provision would cost 

about $5 million annually over the 2009–2013 period, assuming the 

availability of appropriated funds. 

Intergovernmental and private-sector impact: H.R. 6052 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. The bill would benefit state, local, and tribal governments 

by authorizing grants for transportation projects. 

Previous CBO estimate: On July 18, 2007, CBO provided an estimate for H.R. 2701, the Transportation Energy Security Climate 

Change Mitigation Act of 2007, as ordered reported by the House 

Committee on Transportation and Infrastructure on June 20, 2007. 

That bill would also authorize grants to public transportation authorities to either reduce fares or to expand service. Because CBO 

now assumes that no further appropriations will be provided in 

2008 for public transportation programs, the estimate for H.R. 

2701 included more spending than our estimate for H.R. 6052. H.R. 

2701 would not authorize transit benefits for additional federal employees, but it contains several other provisions with significant 


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costs that are not contained in H.R. 6052. Neither bill contains 

intergovernmental or private-sector mandates. 

Estimate prepared by: Federal costs: Sarah Puro; Impact on 

state, local, and tribal governments: Elizabeth Cove; Impact on the 

private sector: Jacob Kuipers. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, H.R. 6052, does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the House of 

Representatives. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 6052 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of the Congressional Accountability Act (Public 

Law 104–1) requires the report of any Committee on a bill or joint 

resolution relating to terms and conditions of employment or access 

to public services or accommodations to describe the manner in 

which the bill or joint resolution applies to the legislative branch. 

Section 5 of H.R. 6052 establishes a nationwide Federal transit 

pass benefits program and requires all Federal agencies in the 

United States to offer transit passes to Federal employees working 

in urbanized areas with fixed route transit systems. It also requires 


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that specific guidelines be followed in implementing the nationwide 

program to avoid the possibility of fraud and abuse. 

Pursuant to section 3049 of P.L. 109–59, the ‘‘Safe, Accountable, 

Flexible, Efficient Transportation Equity Act: A Legacy for Users’’, current law requires all Federal agencies within the National Capital Region to implement a transit pass fringe benefits program and 

offer employees transit passes. The legislative branch is considered 

an agency for purposes of this requirement. Pursuant to 5 U.S.C. 

7905, the term ‘‘agency’’ includes an entity of the legislative 

branch. An ‘‘entity of the legislative branch’’ means the House of 

Representatives, the Senate, the Office of the Architect of the Capitol (including the Botanic Garden), the Capitol Police, the Congressional Budget Office, the Copyright Royalty Tribunal, the Government Printing Office, and the Library of Congress. Therefore, 

under current law, the legislative branch is required to offer transit 

passes to employees in the National Capital Region. In addition, a 

legislative branch employee applying for the benefit must certify 

that the employee is eligible for the benefit, will use the benefit for 

his or her regular daily commute, will not transfer the benefit, and 

that the amount that the employee receives does not exceed the 

employee’s average monthly commuting cost. 

Section 5 of H.R. 6052 extends this requirement to all legislative 

branch employees working in urbanized areas with fixed route 

transit systems. The Committee understands that transit pass benefits are currently widely available to legislative branch employees. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 3049 OF THE SAFE, ACCOUNTABLE, FLEXIBLE, 

EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY 

FOR USERS 

SEC. 3049. TRANSPORTATION FRINGE BENEFITS. 

(a) TRANSIT PASS TRANSPORTATION FRINGE BENEFITS.—

(1) IN GENERAL.—øEffective as of the first day of the next fiscal year beginning after the date of the enactment of this Act, 

each covered agency¿ Each agency shall implement a program 

under which all qualified Federal employees serving in or 

under such agency at a location in an urbanized area of the 

United States that is served by fixed route public transportation 

shall be offered transit pass transportation fringe benefits, as 

described in paragraph (2). 

* * * * * * * 

(3) DEFINITIONS.—In this subsection—

ø(A) the term ‘‘covered agency’’ means any agency, to the 

extent of its facilities in the National Capital Region;¿ 

ø(B)¿ (A) the term ‘‘agency’’ means any agency (as defined by 7905(a)(2) of title 5, United States Code), the 

Postal Rate Commission, and the Smithsonian Institution; 


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30 

ø(C)¿ (B) the term ‘‘National Capital Region’’ includes 

the District of Columbia and every county or other geographic area covered by section 2 of Executive Order No. 

13150; 

ø(D)¿ (C) the term ‘‘Executive Order No. 13150’’ refers to 

Executive Order No. 13150 (5 U.S.C. 7905 note); 

ø(E)¿ (D) the term ‘‘Federal agency’’ is used in the same 

way as under section 2 of Executive Order No. 13150; and 

ø(F)¿ (E) 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 No. 13150. 

(4) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be considered to require that øa covered agency¿ an agency— (A) * * * 

* * * * * * * 

(5) GUIDANCE.— (A) ISSUANCE.—Not later than 60 days after the date of 

enactment of this paragraph, the Secretary of Transportation shall issue guidance on nationwide implementation 

of the transit pass transportation fringe benefits program 

under this subsection. 

(B) UNIFORM APPLICATION.— (i) IN GENERAL.—The guidance to be issued under 

subparagraph (A) shall contain a uniform application 

for use by all Federal employees applying for benefits 

from an agency under the program. 

(ii) REQUIRED INFORMATION.—As part of such an application, an employee shall provide, at a minimum, 

the employee’s home and work addresses, a breakdown 

of the employee’s commuting costs, and a certification 

of the employee’s eligibility for benefits under the program. 

(iii) WARNING AGAINST FALSE STATEMENTS.—Such 

an application shall contain a warning against making 

false statements in the application. 

(C) INDEPENDENT VERIFICATION REQUIREMENTS.—The 

guidance to be issued under subparagraph (A) shall contain independent verification requirements to ensure that, 

with respect to an employee of an agency— (i) the eligibility of the employee for benefits under 

the program is verified by an official of the agency; 

(ii) employee commuting costs are verified by an official of the agency; and 

(iii) records of the agency are checked to ensure that 

the employee is not receiving parking benefits from the 

agency. 

(D) PROGRAM IMPLEMENTATION REQUIREMENTS.—The 

guidance to be issued under subparagraph (A) shall contain program implementation requirements applicable to 

each agency to ensure that— (i) benefits provided by the agency under the program are adjusted in cases of employee travel, leave, or 

change of address; 


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(ii) removal from the program is included in the procedures of the agency relating to an employee separating from employment with the agency; and 

(iii) benefits provided by the agency under the program are made available using an electronic format 

(rather than using paper fare media) where such a format is available for use. 

(E) ENFORCEMENT AND PENALTIES.—The guidance to be 

issued under subparagraph (A) shall contain a uniform administrative policy on enforcement and penalties. Such policy shall be implemented by each agency to ensure compliance with program requirements, to prevent fraud and 

abuse, and, as appropriate, to penalize employees who have 

abused or misused the benefits provided under the program. 

(F) PERIODIC REVIEWS.—The guidance to be issued under 

subparagraph (A) shall require each agency, not later than 

September 1 of the first fiscal year beginning after the date 

of enactment of this paragraph, and every 3 years thereafter, to develop and submit to the Secretary a review of the 

agency’s implementation of the program. Each such review 

shall contain, at a minimum, the following: 

(i) An assessment of the agency’s implementation of 

the guidance, including a summary of the audits and 

investigations, if any, of the program conducted by the 

Inspector General of the agency. 

(ii) Information on the total number of employees of 

the agency that are participating in the program. 

(iii) Information on the total number of single occupancy vehicles removed from the roadway network as 

a result of participation by employees of the agency in 

the program. 

(iv) Information on energy savings and emissions reductions, including reductions in greenhouse gas emissions, resulting from reductions in single occupancy vehicle use by employees of the agency that are participating in the program. 

(v) Information on reduced congestion and improved 

air quality resulting from reductions in single occupancy vehicle use by employees of the agency that are 

participating in the program. 

(vi) Recommendations to increase program participation and thereby reduce single occupancy vehicle use by 

Federal employees nationwide. 

(6) REPORTING REQUIREMENTS.—Not later than September 30 

of the first fiscal year beginning after the date of enactment of 

this paragraph, and every 3 years thereafter, the Secretary shall 

submit to the Committee on Transportation and Infrastructure 

and the Committee on Oversight and Government Reform of the 

House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on nationwide 

implementation of the transit pass transportation fringe benefits program under this subsection, including a summary of the 


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information submitted by agencies pursuant to paragraph 

(5)(F). 

* * * * * * * 


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