IB 
Union Calendar No. 412 
108TH CONGRESS 
2D SESSION 
H. R. 1151 
[Report No. 108–673] 
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 6, 2003 
Mr. MORAN of Virginia (for himself, Ms. NORTON, Mr. WYNN, Mr. VAN 
HOLLEN, Mr. TOM DAVIS of Virginia, and Mr. HOYER) introduced the 
following bill; which was referred to the Committee on Government Re-
form 
SEPTEMBER 9, 2004 
Additional sponsors: Mr. WOLF and Mr. BLUMENAUER 
SEPTEMBER 9, 2004 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TRANSIT PASS TRANSPORTATION FRINGE BEN-
EFITS. 
(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 pro-
gram under which all qualified Federal employees serving 
in or under such agency shall be offered transit pass trans-
portation fringe benefits, as described in subsection (b). 
(b) BENEFITS DESCRIBED.—The benefits described 
in this subsection are, as of any given date, the transit 
pass transportation fringe benefits which, under section 
2 of Executive Order 13150, are then currently required 
to be offered by Federal agencies in the National Capital 
Region. 
(c) DEFINITIONS.—For purposes of this Act— 
(1) the term ‘‘covered agency’’ means any agen-
cy, to the extent of its facilities in the National Cap-
ital Region; 
(2) the term ‘‘agency’’ means any agency (as 
defined by 7905(a)(2) of title 5, United States Code) 
not otherwise covered by section 2 of Executive 
Order 13150, the United States Postal Service, the
Postal Rate Commission, and the Smithsonian Insti-
tution; 
(3) the term ‘‘National Capital Region’’ in-
cludes the District of Columbia and every county or 
other geographic area covered by section 2 of Execu-
tive 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 ap-
plying the same criteria as would apply under sec-
tion 2 of Executive Order 13150. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be considered to require that a covered agency— 
(1) terminate any program or benefits in exist-
ence on the date of the enactment of this Act, or 
postpone any plans to implement (before the effec-
tive 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 bene-
fits referred to in paragraph (1), so long as such 
program or benefits satisfy the requirements of sub-
sections (a)–(c). 
SEC. 2. 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 fol-
lowing: 
‘‘(g)(1) A passenger carrier may be used to transport 
an officer or employee of a Government 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) A Government agency that provides transpor-
tation services under this subsection 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 Government 
agency shall—
‘‘(A) to the maximum extent practicable, use al-
ternative fuel vehicles to provide transportation serv-
ices; 
‘‘(B) to the extent consistent with the purposes 
of this subsection, provide transportation services in 
a manner that does not result in additional gross in-
come for Federal income tax purposes; and 
‘‘(C) coordinate with other Government agen-
cies to share, and otherwise avoid duplication of, 
transportation services provided under this sub-
section. 
‘‘(4) For purposes of any determination under chap-
ter 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 Commis-
sion 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) As used in this subsection—
‘‘(A) the term ‘Government agency’ means a 
Federal agency and the government of the District 
of Columbia; and 
‘‘(B) the term ‘passenger carrier’ means a pas-
senger motor vehicle, aircraft, boat, ship, or other 
similar means of transportation that is owned or 
leased by the United States Government or the gov-
ernment of the District of Columbia.’’. 
(b) FUNDS FOR MAINTENANCE, REPAIR, ETC.—Sub-
section (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)— 
‘‘(A) the transportation of an individual be-
tween such individual’s place of employment and a 
mass transit facility pursuant to subsection (g) is 
transportation for an official purpose; and 
‘‘(B) the term ‘Federal agency’, as used in such 
paragraph, shall be considered to mean a Govern-
ment agency (as defined by subsection (g)), to the 
extent that the passenger carriers involved are used 
in the provision of transportation services under 
such subsection.’’. 
(c) COORDINATION.—The authority to provide trans-
portation 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.
Union Calendar No. 412 
108TH CONGRESS 
2D SESSION 
H. R. 1151 
[Report No. 108–673] 
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. 
SEPTEMBER 9, 2004 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed