[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[Senate]
[Pages S10553-S10554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  NOTICE OF CHANGE IN SENATE PUBLIC TRANSPORTATION SUBSIDY REGULATIONS

                                 ______
                                 

                 COMMITTEE ON RULES AND ADMINISTRATION

  Mr. LOTT. Mr. President, I wish to announce that in accordance with 
Title V of the Rules of Procedure of the Senate Committee on Rules and 
Administration, the Committee has updated the Senate Public 
Transportation Subsidy regulations effective October 1, 2004.
  Based on the Committee's review of the 1992 regulations which 
authorize the issuance of tax free ``de minimis fringe benefit'': 
transit fare media, and a review of the Transportation Equity Act for 
the 21st Century (P.L. 105-78), the Committee has concluded that its 
regulations should be updated to reflect statutory changes in the 
dollar amount allowed to be issued as a ``de minimis fringe benefit.'' 
In addition, the Committee has streamlined the process for office 
participation in this program.

               Public Transportation Subsidy Regulations

     Sec. 1. Policy
       It is the policy of the Senate to encourage employees to 
     use public mass transportation in commuting to and from 
     Senate offices.
     Sec. 2. Authority
       The Tax Reform Act of 1986, as amended by the 
     Transportation Equity Act for the 21st Century (P.L. 105-78) 
     allows employers to give employees as a tax free ``de minimis 
     fringe benefit'' transit fare media of a value not exceeding 
     $100 per month. The Fiscal Year 1991 Treasury-Postal 
     Appropriations Act (Pub. L. 101-509) allows Federal agencies 
     to participate in state or local government transit programs 
     that encourage employees to use public transportation.
     Sec. 3. Definitions
       (a) Public Mass Transportation--A transportation system 
     operated by a State or local government, e.g. bus or rail 
     transit system.
       (b) Fare Media--A ticket, pass, or other device, other than 
     cash, used to pay for transportation on a public mass transit 
     system.
       (c) Office--Refers to a Senate employee's appointing 
     authority, that is, the Senator, committee chairman, elected 
     officer, or an official of the Senate who appointed the 
     employee. For purposes of these regulations, an employee in 
     the Office of the President pro tempore, Deputy President pro 
     tempore, Majority Leader, Minority Leader, Majority Whip, 
     Minority Whip, Secretary of the Conference of the Majority, 
     or Secretary of the Conference of the Minority shall be 
     considered to be an employee, whose appointing authority is 
     the Senator holding such position.
       (d) Qualified Employee--An individual employed in a Senate 
     office whose salary is disbursed by the Secretary of the 
     Senate, whose salary is within the limit set by his or her 
     appointing authority for participation in a transit program 
     under these regulations, and who is not a member of a car 
     pool or the holder of any Senate parking privilege.
       (e) Qualified program refers to the program of a public 
     mass transportation system that encourages employees to use 
     public transportation in accordance with the requirements of 
     Pub. L. 101-509 whose participation in the Senate program in 
     accordance with these regulations has been approved by the 
     Committee on Rules and Administration.
     Sec. 4. Program requirements
       (a) Each office within the Senate is authorized to provide 
     to qualified employees under its supervision a de minimis 
     fringe employment benefit of transit fare media of a value 
     not to exceed the amount authorized by statute currently not 
     to exceed $100 per month.
       (b) Each appointing authority may establish a salary limit 
     for participation in this program by his or her employees. If 
     such salary limit is established, all staff paid at or below 
     that limit, and who meet the other criteria established in 
     these regulations, must be permitted to participate in this 
     program.
       (c) For purposes of these regulations, an individual 
     employed for a partial month in an office shall be considered 
     employed for the full month in that office.
       (d) The fare media purchased by participating offices under 
     this program shall only be used by qualified employees for 
     travel to and from their official duty station.
       (e) Any fare media purchased under this program may not be 
     sold or exchanged although exchanges of Metro Card Media for 
     transportation on the Virginia Railway Express (VRE) or the 
     Maryland Transit Administration's MARC trains are 
     permissible.
       (f) In addition to any criminal liability, any person 
     misusing, selling, exchanging or obtaining or using a fare 
     media in violation of these regulations shall be required to 
     reimburse the office for the full amount of the fare media 
     involved and may be disqualified from further participation 
     in this program.
     Sec. 5. Office administration of program
       Each office electing to participate in this program shall 
     be responsible for its administration in accordance with 
     these regulations, shall designate an individual to manage 
     its program, and may adopt rules for its participation 
     consistent with these regulations.
       An employee who wishes to participate in this program shall 
     make application with his or her office on a form which shall 
     include a

[[Page S10554]]

     certification that such person is not a member of a motor 
     pool, does not have any Senate parking privilege (or has 
     relinquished same as a condition of participation), will 
     use the fare media personally for traveling to and from 
     his or her duty station, and will not exchange or sell the 
     fare media provided under this program. The application 
     shall include the following statement:
       This certification concerns a matter within the 
     jurisdiction of an agency of the United States and making a 
     false, fictitious, or fraudulent certification may render the 
     maker subject to criminal prosecution under 18 
     U.S.C.Sec. 1001.
       Safekeeping and distribution of fare media purchased for an 
     office is the responsibility of the program manager in that 
     office. Participating offices may not refund or replace any 
     damaged, misplaced, lost, or stolen fare media.
     Sec. 6. Senate stationery room responsibilities
       The only program currently available in the Washington, DC 
     metropolitan area at this time is ``Metro Pool,'' a program 
     established through Metro by the District of Columbia. 
     Transit benefits will be provided through Metro Pool for 
     participating offices in the Washington, D. C. area. The 
     Committee on Rules and Administration shall enter into an 
     agreement with Metro Pool for purchase of fare media by the 
     Senate Stationery Room as required by participating offices 
     on a monthly basis.
       A participating office shall purchase the fare media with 
     its authorized appropriated funds from the Senate Stationery 
     Room through its stationery account pursuant to 2 
     U.S.C.Sec. 119.
       Each office shall present to the Senate Stationery Room 
     [two copies of] the certification referred to in section 7 of 
     these regulations. A new certification shall be submitted 
     when an employer is added to or deleted from the program. The 
     Stationery Room shall make available to the Senate Rules 
     Committee Audit Section a monthly summary of office 
     participation in this program. In addition, the Stationery 
     Room may not refund or replace any damaged, misplaced, lost, 
     or stolen fare media that has been purchased through the 
     office's stationery account.
     Sec. 7. Certification
       The certification required by section 6 shall be approved 
     by the appointing authority and shall include the name, and 
     social security number of each participating employee within 
     that office, and the following statements:
       (a) Each person included on the list is currently a 
     qualified employee as defined in Section 3.
       (b) No person included on the list has any current Senate 
     parking privilege and that no parking privileges will be 
     restored to any person on the list during the period for 
     which the fare media is purchased.
       (c) That each month's fare media for each participating 
     employee does not exceed the maximum dollar amount specified 
     in statute (currently $100).
     Sec. 8. Other participating programs
       Section 6 provides for procedures for participation by 
     Washington offices in the Metro Pool program established 
     through Metro by the District of Columbia. Additional 
     programs in the Washington, D. C. metropolitan area, or 
     programs offered in other locations where Members have 
     offices that meet the requirements of the law and these 
     regulations, may be used for qualified employees, subject 
     to the following requirements:
       (A) Authorization--The public transit system shall submit 
     information to the Committee on Rules and Administration that 
     it participates in an established state or local government 
     program to encourage the use of public transportation for 
     employees in accordance with the provisions of Pub. L. 101-
     509 and these regulations. If the program meets the 
     requirements of the statute and these regulations and is 
     approved by the Committee on Rules and Administration, any 
     Senate office served by such transit system may provide 
     benefits to its employees pursuant to these regulations.
       (B) Procedures--
       (1) A qualified program operating in the Washington, D.C. 
     metropolitan area that permits purchase arrangements similar 
     to those provided by the Metro Pool program shall participate 
     in the Senate program in accordance with the procedures set 
     forth in Section 6.
       (2) A qualified program operating in the Washington, D. C. 
     metropolitan area that does not have purchase arrangements 
     similar to Metro Pool, or a qualified program located outside 
     that metropolitan area, that permits purchases directly by an 
     office, may make arrangements for purchase of media directly 
     with a participating office. Such an office may provide for 
     direct payment to that system and shall submit the 
     certification in accordance with Section 7.
       (3) In the case of a qualified program that does not permit 
     purchase arrangements as provided in paragraphs (1) or (2) 
     above, an office may provide for reimbursement to a qualified 
     employee and shall submit a certification in accordance with 
     Section 7.
       (C) Documentation--The following documentation must 
     accompany a voucher submitted under paragraph 8(B)(2) or (3):
       (1) A copy of the Rules Committee approval, in accordance 
     with section 8(A), with the first voucher submitted for that 
     transit program, provided subsequent vouchers identify the 
     transit program.
       (2) The certification.
       (3) Proof of purchase of the fare media.
       (D) Voucher Guidance--In the case of a Senator's state 
     office, reimbursement for payment to either a qualified 
     transit system, or a qualified employee shall be from the 
     Senators' Official Personnel and Office Expense Account (SOP& 
     OEA) as a home state office expense on a seven part voucher. 
     In the Washington, DC metropolitan area, reimbursement for 
     payment to either a qualified transit system, or a qualified 
     employee shall be as follows:
       (1) in the case of a Senator's office from the SOP & OEA as 
     an ``other official expense'' (discretionary expense).
       (2) in the case of a Senate committee or administrative 
     office as an ``Other'' expense.
     Sec. 9. Special circumstances
       Any circumstances not covered under these regulations shall 
     be considered on application to the Committee on Rules and 
     Administration.
     Sec. 10. Effective date
       These regulations shall take effect on the first day of the 
     month following date of approval.

                          ____________________