I 

109TH CONGRESS 

1ST SESSION H. R. 1283 

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 HOUSE OF REPRESENTATIVES 

MARCH 14, 2005 

Mr. MORAN of Virginia (for himself, Mr. VAN HOLLEN, Ms. NORTON, Mr. 

BLUMENAUER, Mr. WOLF, Mr. WYNN, and Mr. HOYER) introduced the 

following bill; which was referred to the Committee on Government Reform 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. TRANSIT PASS TRANSPORTATION FRINGE BEN2 EFITS. 

3 (a) IN GENERAL.—Effective as of the first day of the 

4 next fiscal year beginning after the date of the enactment 

5 of this Act, each covered agency shall implement a pro6 gram under which all qualified Federal employees serving 

7 in or under such agency shall be offered transit pass trans8 portation fringe benefits, as described in subsection (b). 

9 (b) BENEFITS DESCRIBED.—The benefits described 

10 in this subsection are, as of any given date, the transit 

11 pass transportation fringe benefits which, under section 

12 2 of Executive Order 13150, are then currently required 

13 to be offered by Federal agencies in the National Capital 

14 Region. 

15 (c) DEFINITIONS.—For purposes of this Act— 

16 (1) the term ‘‘covered agency’’ means any agen17 cy, to the extent of its facilities in the National Cap18 ital Region; 

19 (2) the term ‘‘agency’’ means any agency (as 

20 defined by 7905(a)(2) of title 5, United States Code) 

21 not otherwise covered by section 2 of Executive 

22 Order 13150, the United States Postal Service, the 

23 Postal Rate Commission, and the Smithsonian Insti24 tution; 

25 (3) the term ‘‘National Capital Region’’ in26 cludes the District of Columbia and every county or 
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1 other geographic area covered by section 2 of Execu2 tive Order 13150; 

3 (4) the term ‘‘Executive Order 13150’’ refers to 

4 Executive Order 13150 (5 U.S.C. 7905 note); 

5 (5) the term ‘‘Federal agency’’ is used in the 

6 same way as under section 2 of Executive Order 

7 13150; and 

8 (6) any determination as to whether or not one 

9 is a ‘‘qualified Federal employee’’ shall be made ap10 plying the same criteria as would apply under sec11 tion 2 of Executive Order 13150. 

12 (d) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be considered to require that a covered agency— 

14 (1) terminate any program or benefits in exist15 ence on the date of the enactment of this Act, or 

16 postpone any plans to implement (before the effec17 tive date referred to in subsection (a)) any program 

18 or benefits permitted or required under any other 

19 provision of law; or 

20 (2) discontinue (on or after the effective date 

21 referred to in subsection (a)) any program or bene22 fits referred to in paragraph (1), so long as such 

23 program or benefits satisfy the requirements of sub24 sections (a)–(c). 
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1 SEC. 2. AUTHORITY TO USE GOVERNMENT VEHICLES TO 

2 TRANSPORT FEDERAL EMPLOYEES BETWEEN 

3 THEIR PLACE OF EMPLOYMENT AND MASS 

4 TRANSIT FACILITIES. 

5 (a) IN GENERAL.—Section 1344 of title 31, United 

6 States Code, is amended— 

7 (1) by redesignating subsections (g) and (h) as 

8 subsections (h) and (i), respectively; and 

9 (2) by inserting after subsection (f) the fol10 lowing: 

11 ‘‘(g)(1) A passenger carrier may be used to transport 

12 an officer or employee of a Government agency between 

13 the officer’s or employee’s place of employment and a 

14 mass transit facility (whether or not publicly owned) in 

15 accordance with succeeding provisions of this subsection. 

16 ‘‘(2) A Government agency that provides transpor17 tation services under this subsection shall absorb the costs 

18 of such services using any funds available to such agency, 

19 whether by appropriation or otherwise. 

20 ‘‘(3) In carrying out this subsection, a Government 

21 agency shall— 

22 ‘‘(A) to the maximum extent practicable, use al23 ternative fuel vehicles to provide transportation serv24 ices; 

25 ‘‘(B) to the extent consistent with the purposes 

26 of this subsection, provide transportation services in 
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1 a manner that does not result in additional gross in2 come for Federal income tax purposes; and 

3 ‘‘(C) coordinate with other Government agen4 cies to share, and otherwise avoid duplication of, 

5 transportation services provided under this sub6 section. 

7 ‘‘(4) For purposes of any determination under chap8 ter 81 of title 5, an individual shall not be considered to 

9 be in the ‘performance of duty’ by virtue of the fact that 

10 such individual is receiving transportation services under 

11 this subsection. 

12 ‘‘(5)(A) The Administrator of General Services, after 

13 consultation with the National Capital Planning Commis14 sion and other appropriate agencies, shall prescribe any 

15 regulations necessary to carry out this subsection. 

16 ‘‘(B) Transportation services under this subsection 

17 shall be subject neither to the last sentence of subsection 

18 (d)(3) nor to any regulations under the last sentence of 

19 subsection (e)(1). 

20 ‘‘(6) As used in this subsection— 

21 ‘‘(A) the term ‘Government agency’ means a 

22 Federal agency and the government of the District 

23 of Columbia; and 

24 ‘‘(B) the term ‘passenger carrier’ means a pas25 senger motor vehicle, aircraft, boat, ship, or other 
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1 similar means of transportation that is owned or 

2 leased by the United States Government or the gov3 ernment of the District of Columbia.’’. 

4 (b) FUNDS FOR MAINTENANCE, REPAIR, ETC.—Sub5 section (a) of section 1344 of title 31, United States Code, 

6 is amended by adding at the end the following: 

7 ‘‘(3) For purposes of paragraph (1)— 

8 ‘‘(A) the transportation of an individual be9 tween such individual’s place of employment and a 

10 mass transit facility pursuant to subsection (g) is 

11 transportation for an official purpose; and 

12 ‘‘(B) the term ‘Federal agency’, as used in such 

13 paragraph, shall be considered to mean a Govern14 ment agency (as defined by subsection (g)), to the 

15 extent that the passenger carriers involved are used 

16 in the provision of transportation services under 

17 such subsection.’’. 

18 (c) COORDINATION.—The authority to provide trans19 portation services under section 1344(g) of title 31, 

20 United States Code (as amended by subsection (a)) shall 

21 be in addition to any authority otherwise available to the 

22 agency involved. 

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