[Congressional Record Volume 149, Number 150 (Thursday, October 23, 2003)]
[Senate]
[Pages S13142-S13146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES (for himself, Ms. Mikulski, Mr. Warner, and Mr. 
        Allen):
  S. 1783. 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; to the Committee on Governmental Affairs.
  Mr. SARBANES. Mr. President, I am pleased to introduce the Federal 
Employee Commuter Benefits Act of 2003, which is cosponsored by my 
colleagues Senators Mikulski, Warner, and Allen. This bill will 
guarantee transit benefits to all Federal employees in the National 
Capital Area and will remove a restriction that currently forbids 
Federal agencies from providing employee shuttles to and from transit 
stations. This measure is an important step forward in our efforts to 
encourage transit ridership and improve the quality of life for Federal 
employees in the Washington, D.C. region and throughout the nation.
  All across the Nation, congestion and gridlock are taking their toll 
in terms

[[Page S13143]]

of economic loss, environmental impact, and personal frustration. 
According to the Texas Transportation Institute, in 2001 Americans in 
75 urban areas spent 3.6 billion hours stuck in traffic, with an 
estimated cost to the nation of $69.5 billion in lost time and wasted 
fuel. In response, Americans are turning to alternative transportation 
options in record numbers. The American Public Transportation 
Association estimates that Americans now take over 9 billion trips on 
transit per year, the highest level in more than 40 years.
  Transit benefit programs are playing a vital role in increasing 
transit ridership, which benefits both transit users and drivers. In 
1998, the Transportation Equity Act for the 21st Century amended the 
tax code to allow financial incentives related to commuting costs for 
employers and employees. These transit benefits allowed employers to 
offer a tax-free financial incentive toward the costs of transit 
commuting, starting at $65 per month and raised in 2002 to $100 per 
month.
  Based upon the findings of the Environmental Protection Agency and 
the U.S. Department of Transportation, there are clear improvements to 
congestion, energy efficiency, and air quality from transit benefit 
programs. According to their findings, an employer with 1,000 employees 
that participates in a combination of transit benefits, carpool, and 
telecommuting programs can take credit for taking 175 cars off the 
road, saving 44,000 gallons of gasoline per year, and cutting global 
warming pollution by 420 tons per year on average.
  In April 2000, an Executive Order was signed requiring all executive 
branch agencies in the National Capital Region to offer transit 
benefits to their employees. As a result, Federal employees commuting 
to Washington, D.C. from Montgomery, Prince George's, and Frederick 
Counties, Maryland, several counties in Northern Virginia, and as far 
away as West Virginia, are encouraged to choose transit as their means 
to get to work.
  According to the Washington Metropolitan Area Transit Authority and 
the U.S. Department of Transportation, by 2001 more than 110,000 
employees--approximately one-third of all Federal employees in the 
National Capital Region--joined the Federal transit benefit program 
created by the Executive Order. These program participants alone have 
eliminated an estimated 12,500 single-occupancy vehicles from 
Washington, D.C. area roads, helping to reduce congestion and improve 
air quality for our region.
  The Executive Order, however, is limited. It does not cover the more 
than 100,000 Federal employees in the legislative and judicial 
branches, and the dozens of independent Federal agencies located in the 
Washington, D.C. region. While many of these organizations provide 
transit benefits to their employees, the implementation and level of 
benefit is up to the discretion of individual offices. As such, many of 
these organizations provide limited benefits or do not provide any 
benefits at all. Guaranteed transit benefits would give these employees 
more choice in their commuting options and provide an additional 
incentive to move off our congested roadways and onto public transit.
  Of course, such incentives will be ineffective if employees lack 
access to transit services. In my own state of Maryland, the United 
States Food and Drug Administration planned to use its own resources to 
provide a shuttle service for its employees from its new White Oak 
facility to an area Metro station. When they investigated providing 
this service, FDA officials found that the current law does not allow 
Federal agencies to use their own vehicles to shuttle employees to mass 
transit stations.
  The potential impact of this restriction on regional congestion is 
not insignificant. By 2005, FDA estimates 1,700 employees will work at 
the new White Oak facility, and plans have been made to eventually 
house more than 7,000 FDA researchers and administrators at the new 
facility. The lack of access from FDA's new campus to a transit station 
represents a lost opportunity for reducing congestion, improving our 
environment and elevating the quality of life for employees.
  This type of lost opportunity occurs across the nation. Nationally, 
the Federal Government employs more than 2.6 million civilian workers 
at more than 3,000 Federal government office buildings. At Federal 
offices throughout the country, transit use is often limited as a 
commuting option due to lack of employee access to a transit station or 
a bus stop.
  The Federal Employee Commuter Benefits Act would address both of 
these issues faced by Federal employees. First, the bill would put into 
law the Executive Order's requirement that transit pass benefits be 
made available to all qualified Federal employees in the National 
Capital Region. The bill also extends the requirement beyond executive 
branch agencies to include the legislative and judicial branches and 
independent agencies, providing guaranteed transit benefits to an 
additional 100,000 employees in the Washington, DC region.
  Second, the Federal Employee Commuter Benefits Act would remove the 
restriction that prohibits a Federal agency from operating a shuttle 
service to a public transit facility. With this legislation, any 
Federal agency, anywhere in the United States, can choose to provide a 
transit shuttle service for their employees. By providing access to 
commuting alternatives, Federal agencies will be able to provide a 
benefit to their employees that can make getting to work easier, more 
affordable, and more employee-friendly. It will also provide an 
opportunity to help reduce congestion and improve air quality across 
the Nation.
  Since 1982, the U.S. population has grown 20 percent, but the time 
spent by commuters in traffic has grown 236 percent. Each year, traffic 
congestion wastes nine billion gallons of fuel. By encouraging Federal 
employees to look to transit and by providing access to transit 
stations, we can help reduce congestion, improve the environment, and 
promote an improved quality of life.
  I am introducing the Federal Employee Commuter Benefits Act because 
of the opportunities it will give Federal agencies to support public 
transportation, both by providing employee access to transit facilities 
across the nation, and by providing transit benefits to Federal 
employees in the Washington, D.C. region. Both of these improvements 
will aid our efforts to fight congestion and pollution by encouraging 
the use of transportation alternatives. This legislation is strongly 
supported by Federal employees, transit providers, and local elected 
officials, and I ask unanimous consent that the text of the bill, along 
with their letters of support, be printed in the Record. I encourage my 
colleagues to join me in supporting the Federal Employee Commuter 
Benefits Act.
  There being no objection, the additional material was ordered to be 
printed in the Record, as follows:

         American Federation of Government Employees, Local No. 
           12, AFL-CIO,
                               Washington, DC, September 25, 2003.
     Hon. Paul Sarbanes,
     U.S. Senate,
     Washington, DC.
       Dear Senator Sarbanes: The American Federation of 
     Government Employees (AFGE) Local 12 represents 4,000 
     employees at the U.S. Department of Labor in the Washington 
     D.C. metropolitan area.
       We appreciate very much all the work you have done on 
     behalf of Federal employees, in particular your work to 
     assist our local to have the monthly transit subsidy raised 
     to $100. Unfortunately, Secretary of Labor Elaine Chao 
     continues to deny the $100 transit subsidy to the employees 
     represented by AFGE Local 12. This is why I am writing to you 
     today.
       We respectfully request that you sponsor and introduce in 
     the Senate a companion bill to H.R. 1151. The purpose of H.R. 
     1151 is ``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.''
       H.R. 1151 was introduced by Congressman Jim Moran and is 
     co-sponsored by Representatives Eleanor Holmes Norton, Albert 
     Wynn, Chris Van Hollen, Tom Davis, Steny Hoyer, and Frank 
     Wolf. It has been marked up in the Subcommittee on Civil 
     Service and Agency Organization of the Government Reform 
     Committee.
       Passage into law of this legislation would not only help 
     employees at the Department of Labor and employees at any 
     other Federal agency in this area where management has 
     decided, for whatever reason, not to offer the tax-free 
     maximum transit subsidy. It would also benefit the region 
     generally by giving

[[Page S13144]]

     more Federal employees the incentive to use mass transit, 
     thus helping to lesson traffic congestion and air pollution.
       If you would like to discuss this further, please call me. 
     Thank you very much for your consideration of this serious 
     matter.
           Respectfully yours,
                                           Lawrence C. Drake, Jr.,
     President.
                                  ____

                                      Washington Metropolitan Area


                                            Transit Authority,

                                 Washington, DC, October 10, 2003.
     Hon. Paul Sarbanes,
     U.S. Senate,
     Washington, DC.
       Dear Senator Sarbanes: I am pleased to offer the Washington 
     Metropolitan Area Transit Authority's (WMATA) endorsement of 
     the legislation you are proposing concerning federal employee 
     commuter benefits. This legislation is very important in 
     supporting regional efforts to use every feasible technique 
     to reduce the severe traffic congestion in the National 
     Capital Region.
       The recently released Texas Transportation Institute (TTI) 
     report on congestion cites the metropolitan Washington region 
     as the third most congested in the nation, despite intense 
     transit use by commuters in this area. The TTI report cites a 
     number of strategies that help to reduce congestion and the 
     cost of delay to the residents of the region. For the 
     Washington metropolitan area, the TTI report indicates that 
     transit services currently save the metropolitan area more 
     than $1 billion annually in delay costs and almost 42 percent 
     of current delay time. A report issued by the Surface 
     Transportation Policy Project (STPP) in 2002 noted that if 
     TTI calculated person trip delay rather than vehicle delay 
     and incorporated transit ridership into the equation, then 
     the Washington metropolitan area congestion ranking would 
     fall from 4th to 31st.
       The TTI report and the STPP analysis demonstrate the 
     positive affects of transit services on reducing traffic 
     congestion in the Washington metropolitan area. With our 
     assault on traffic congestion, it is essential that we 
     continue to grow transit ridership. It is essential that the 
     federal government as the region's largest employer, 
     employing more than 374,000 people in this area, give 
     employees every incentive to take transit. The tremendously 
     successful transit benefits program, known in this area as 
     Metrochek, is currently required to be offered to civilian 
     and military employees of the Executive Branch and 
     voluntarily provided by the U.S. House and Senate and several 
     independent agencies. Since the imposition of Executive Order 
     13150 on October 1, 2000, the number of federal employees 
     receiving transit benefits has increased 147 percent, from 
     57,000 to 141,000 and 47 percent of Metrorail's peak period 
     riders are federal employees--up from 35 percent in the mid 
     1980s.
       Your proposal will codify the federal employees transit 
     benefit and expand its eligibility to judicial, legislative 
     and independent agency employees in the National Capital 
     Region. While some of these agencies already participate in 
     the Metrochek program, this legislation ensures that 
     participation will be uniform across all three branches of 
     the federal government.
       WMATA also supports the proposal to authorize the 
     establishment of federal agency shuttles to and from mass 
     transit facilities. While many federal agencies throughout 
     the region are within walking distance of Metrorail stations, 
     and other transit facilities, some are not. This legislation 
     will make transit accessible to many federal workers for whom 
     transit is not currently a viable alternative because their 
     work site is not convenient to a Metro station.
       Many thanks for your leadership in proposing this 
     legislation. It is another example in a long list of 
     initiatives you have sponsored to promote public 
     transportation in the National Capital Region and the nation.
           Sincerely,
                                                 Richard A. White,
     Chief Executive Officer.
                                  ____

         Maryland Department of Transportation, the Secretary's 
           Office,
                                    Hanover, MD, October 10, 2003.
     Hon. Paul S. Sarbanes,
     U.S. Senate, 309 Hart Senate Office Building,
     Washington, DC.
       Dear Senator Sarbanes: It has recently been brought to my 
     attention that you intend to introduce legislation to expand 
     and strengthen existing transit benefits available to federal 
     employees. My understanding is that the proposed bill would 
     accomplish the following: Codify the existing employee 
     transit benefit which is currently an Executive Order; extend 
     the eligibility of transit pass benefits to legislative, 
     judicial branch and independent agency employees in the 
     National Capital Region (estimated to be over 100,000 
     employees); and allow government vehicles to be used to 
     provide shuttle services between federal agency locations and 
     mass transit facilities.
       In the past Governor Ehrlich supported providing transit 
     benefits to federal employees. The Ehrlich Administration 
     continues its dedication to reducing congestion and aiding 
     the environment. According to the recently released Texas 
     Transportation Institute Study, the Washington area was 
     ranked third in congestion nationwide, this situation will 
     worsen unless serious measures are taken. Providing 
     additional access and an improved ability to utilize public 
     transportation is the type of sound policy that constitutes 
     the balanced and comprehensive transportation strategy that 
     is critically needed in the fight to relieve traffic 
     congestion.
       In our view, your proposed bill deserves and receives our 
     support as it would expand coverage of a program that has 
     served the many Maryland citizens residing in the Washington 
     area who are employed by federal departments to those who 
     work for the remaining federal governmental entities. If I 
     may be of additional assistance, please do not hesitate to 
     contact me.
           Sincerely,
                                               Robert L. Flanagan,
     Secretary.
                                  ____



                                     Virginia Railway Express,

                                 Alexandria, VA, October 22, 2003.
     Hon.Paul Sarbanes,
     Ranking Member Senate Committee on Banking, Housing and Urban 
         Affairs,
     Hart Senate Office Building, Washington, DC.
       Dear Senator Sarbanes: I am writing to you to express my 
     support for your efforts to offer legislation that would 
     provide transit pass transportation fringe benefits to all 
     qualified Federal employees in the National Capital region. 
     As someone who has always been an advocate for the promotion 
     of public transportation and the mobility it affords the 
     citizenry, we are fortunate to have you as the Ranking Member 
     of the Senate Committee on Banking, Housing and Urban 
     Affairs, which oversees mass transit programs.
       As you have witnessed, increased federal investment in 
     transit under TEA 21 has led to dramatic growth in public 
     transportation ridership, particularly in the National 
     Capital Region. The Virginia Railway Express is a prime 
     example of that growth, with ridership increasing by 18% each 
     year for the past three years, making us one of the fastest 
     growing commuter railroads in America. Nearly 69% of our 
     ridership is comprised of federal and/or military employees 
     working in the region.
       Currently, transit benefits are offered to a select core of 
     federal employees under Executive Order 13150. The benefit is 
     limited to the executive branch agencies with no requirement 
     for participation by the legislative and judicial branches. 
     Such legislation would codify transit benefits to all 
     eligible federal employees by broadening the scope of 
     participation to another 100,000 workers, thus providing 
     greater flexibility and mobility for the federal work force 
     in the region.
       Your legislation is significant not only because it affords 
     greater options to our federal workforce, but also because 
     the use of public transit is the only recourse to help 
     relieve the growing problem of traffic congestion in the 
     region. For instance, today VRE transports enough people to 
     remove one lane of traffic off of I-95 and I-66 during peak 
     rush hours in the morning and evening. Not only does it 
     reduce car emissions; thus improving air quality, but also 
     ensures that the federal and private workforce can get to 
     work in a timely fashion; thus saving millions of dollars for 
     employers. The passage of this legislation would only 
     increase these benefits to our region.
       In conclusion, let me again thank you for all the support 
     that you have given to public transportation over the years 
     and for authoring this much needed legislation. I hope that 
     with your direct involvement that we will be successful in 
     seeing this measure signed into law.
           Sincerely,
                                                      Dale Zehner,
     Acting Chief Operating Officer.
                                  ____

                                    American Public Transportation


                                                  Association,

                                 Washington, DC, October 20, 2003.
     Hon. Paul S. Sarbanes,
     U.S. Senate, Hart Senate Office Building,
     Washington, DC.
       Dear Senator Sarbanes: On behalf of the 1,500 member 
     organizations of the American Public Transportation 
     Association (APTA), I write to express strong support for 
     legislation you are proposing that would expand the use of 
     transit-related commuter tax benefits in the Washington, D.C. 
     region. This legislation will help promote the use of public 
     transportation and thereby support regional efforts to reduce 
     traffic congestion in the National Capital area. We note that 
     a recent report by the Texas Transportation Institute (TTI) 
     cited the Washington, D.C. metropolitan area as the third 
     most congested in the nation.
       As we understand it, your legislation would codify language 
     currently in an executive order that requires federal 
     executive branch agencies to offer to their employees transit 
     benefits equal to employee commuting costs, up to $100 per 
     month. The legislation would also expand the eligibility of 
     these benefits to legislative and judicial branch employees 
     in the National Capital area.
       We believe that it is important that the federal government 
     support the use of public transportation in its efforts to 
     reduce congestion, minimize auto pollution, and make the best 
     use of existing public transportation facilities that are 
     built with a substantial federal investment. APTA has been a 
     long-time proponent of providing federal tax incentives that 
     promote public transportation at no less a level than those 
     provided for parking.
       We thank you for your leadership on this issue. If you have 
     questions, please have your staff contact Rob Healy of APTA's 
     Government Affairs staff at (202) 496-4811 or e-mail 
     [email protected]. We look forward to

[[Page S13145]]

     working with you to see this important legislation enacted 
     into law.
           Sincerely yours,
                                                William W. Millar,
     President.
                                  ____



                               Office of the County Executive,

                            Rockville, Maryland, October 13, 2003.
     Hon. Paul S. Sarbanes,
     U.S. Senate, Hart Senate Office Building,
     Washington, DC.
       Dear Senator Sarbanes: Thank you for introducing companion 
     legislation to H.R. 1151, a bill to address federal employee 
     commuter benefits, including a critical transit provision for 
     a growing number of federal employees working for the Food 
     and Drug Administration (FDA) at White Oak. This measure will 
     directly benefit thousands of federal employees in the 
     region, and indirectly help Montgomery County at reducing 
     traffic congestion.
       It is both timely and critical that this legislation be 
     adopted now, given the increased challenges the Washington 
     metropolitan area faces as a result of its recent designation 
     as a severe air quality non-attainment area. As the region 
     struggles to find the appropriate combination of actions 
     necessary to bring air quality into conformity with healthier 
     standards, this legislation can play a pivotal role.
       Montgomery County has been a leader in encouraging 
     employers to provide transit benefits to their employees. 
     Through an intensive outreach program coupled with cost-
     sharing incentives, the County raises awareness among 
     employers of the value of such benefits to both employees and 
     the community. For employers considering these options for 
     inclusion in their benefits packages, the context in which 
     they operate is a critical factor in their decision.
       The federal government, as the largest single employer in 
     the region, plays a crucial role in setting that employment 
     benefits context. It is critical that the federal government 
     continue to provide transit benefits, and expand application 
     of these key benefits to the maximum number of employees 
     possible. By so doing, the federal government establishes the 
     standard against which many other employers in the region 
     measure their own benefits--a standard which has benefits for 
     the people of the Washington region which extend far beyond 
     those provided to the direct recipients.
       By encouraging ridership to support a robust transit system 
     throughout the region, federal transit benefits help provide 
     accessibility in our transportation system. This is 
     particularly true for the FDA consolidation at White Oak. It 
     is critical that federal employees at FDA-White Oak not only 
     be encouraged to use transit by providing extended transit 
     benefits, but be permitted to travel on federal vehicles from 
     their agency to our local system. Daily shuttle operations 
     between White Oak and the New Carrollton or Silver Spring 
     Metro stations will be a positive contribution toward 
     increasing the security and accessibility of this federal 
     facility, while also promoting transit ridership, and 
     addressing air quality objectives in the region.
       Again, thank you for your continued efforts to improve the 
     lives of thousands of Montgomery County residents. Please let 
     me know if I can do anything to help you in advancing this 
     important legislation.
           Sincerely,
                                                Douglas M. Duncan,
     County Executive.
                                  ____

                                           Metropolitan Washington


                                       Council of Governments,

                                 Washington, DC, October 21, 2003.
     Hon. Paul S. Sarbanes,
     U.S. Senate, Hart Senate Office Building,
     Washington, DC.
       Dear Senator Sarbanes: On behalf of the National Capital 
     Region Transportation Planning Board (TPB) at the 
     Metropolitan Washington Council of Governments, I would like 
     to applaud your introduction of new legislation to codify and 
     expand the existing federal executive branch employee transit 
     benefit in the National Capital Region and allow government 
     vehicles to be used to provide shuttle services between 
     federal agency locations and transit stations.
       It is TPB policy to support regional, state, and federal 
     programs which promote cost-effective strategies to reduce 
     traffic congestion and improve air quality, including 
     promoting the use of transit options and financial 
     incentives. One of the most pressing issues facing the TPB is 
     the contribution of vehicle emissions to the region's air 
     quality problems. Expanding the transit benefits to more 
     federal workers and providing shuttle links will encourage 
     more transit use, which will help reduce automobile vehicle-
     miles traveled and reduce vehicle emissions.
       In June of 2000, the Board of Directors of the Metropolitan 
     Washington Council of Governments (COG) adopted a resolution 
     to provide COG employees the same transit benefits that 
     federal executive branch employees receive as a result of 
     President Clinton's Executive Order of April 2000. It also 
     strongly urged local governments and public agencies to adopt 
     or expand similar transit benefit programs. We have estimated 
     that 50,000 executive branch employees will use transit by 
     2005 as a result of the current transit benefits. Passage of 
     this legislation will encourage even more federal workers to 
     use transit and provide additional support to the region's 
     efforts to reduce traffic congestion and improve air quality.
       We greatly appreciate your introduction of this 
     legislation. Your ongoing dedication to improving public 
     transit in the Washington region continues to benefit 
     families and organizations in our region.
           Sincerely,

                                                Peter Shapiro,

                                   Chair, National Capital Region,
                                    Transportation Planning Board.

                                S. 1783

       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 2003''.

     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, 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.--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) not otherwise 
     covered by section 2 of Executive Order 13150, 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

[[Page S13146]]

     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.
                                 ______