[Congressional Record Volume 153, Number 66 (Tuesday, April 24, 2007)]
[Senate]
[Pages S4912-S4913]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NOTICE OF CHANGE IN TRANSIT SUBSIDY REGULATIONS

  Mrs. FEINSTEIN. Mr. President, I wish to announce that in accordance 
with Title V of the Rules of Procedure of the Committee on Rules and 
Administration, the Committee has amended the ``Public Transportation 
Subsidy Regulations.'' Based on the Committee's review of the 
regulations adopted on August 1, 1992, as amended, the following 
changes are effective April 24, 2007.
  The regulations are amended by deleting and substituting as follows:

       Sec. 2, substitute entire section for the following:
     Sec. 2. Authority

  The Federal Employees Clean Air Incentives Act (Pub.L. 103-172) 
allows Federal agencies to participate in state or local government 
transit programs that encourage employees to use public transportation. 
The Tax Reform Act of 1986, as amended by the Transportation Equity Act 
for 21st Century (Pub.L. 105-178) allows employers to give employees as 
a tax free ``de minimis fringe benefit'' transit fare media up to the 
maximum monthly amount authorized under section 132(f)(2)(A) of the 
Internal Revenue Code of 1986, as modified by the Internal Revenue 
System's published Revenue Procedures, and upon written authority of 
the Rules Committee.

       Sec. 3, (e)

  Delete ``Pub. L. 101-509'' and insert ``Pub. L. 103-172''.

       Sec. 3, insert definition at end of Section

  Insert the following definition at the end of the definition: ``(f) 
Unique Identifier--A number or token, as approved by the Committee on 
Rules and Administration, designed to be used across all systems in the 
United States Senate to uniquely identify an individual's set of 
records within each of those systems.''

       Sec. 4, (a)

  Delete ``currently not to exceed $105 per month.''

       Sec. 4, (e)

  Replace entire section with the following language: ``(e) Any fare 
media purchased under this program may not be sold or exchanged, 
although exchanges of metro card media are permissible for 
transportation provided by Virginia Railway Express (VRE), the Maryland 
Transit Administration's (MARC's) train, or vanpools certified by 
Washington Metropolitan Area Transit Authority (WMATA).''

       Sec. 7

  Delete ``social security number'' and insert in its place ``unique 
identifier.''
  Delete ``(currently $105)''.

       Sec. 8, (A)

  Delete ``Pub. L. 101-509'' and insert ``Pub. L. 103-172''.
  Set forth below are the amended regulations which are effective April 
24, 2007:

               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 Federal Employees Clean Air Incentives Act (Pub. L. 
     103-172) allows Federal agencies to participate in state or 
     local government transit programs that encourage employees to 
     use public transportation. The Tax Reform Act of 1986, as 
     amended by the Transportation Equity Act for 21st Century 
     (Pub. L. 105-178) allows employers to give employees as a tax 
     free ``de minimis fringe benefit'' transit fare media up to 
     the maximum monthly amount authorized under section 
     132(f)(2)(A) of the Internal Revenue Code of 1986, as 
     modified by the Internal Revenue System's published Revenue 
     Procedures, and upon written authority of the Rules 
     Committee.
     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.

[[Page S4913]]

       (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. 103-172 whose participation in the Senate program in 
     accordance with these regulations has been approved by the 
     Committee on Rules and Administration.
       (f) Unique Identifier--A number or token, as approved by 
     the Committee on Rules and Administration, designed to be 
     used across all systems in the United States Senate to 
     uniquely identify an individual's set of records within each 
     of those systems.
     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.
       (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 provided by Virginia Railway Express (VRE), 
     the Maryland Transit Administration's MARC trains, or 
     vanpools certified by Washington Metropolitan Area Transit 
     Authority (WMATA).
       (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 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. 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, DC 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 employee 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 
     unique identifier 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.
     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, DC 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. 103-172 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, DC 
     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, DC 
     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.

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