[Congressional Record Volume 167, Number 134 (Friday, July 30, 2021)]
[Senate]
[Page S5222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2128. Mr. BROWN (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 3684, to authorize 
funds for Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

        At the appropriate place in division [__], insert the 
     following:

     SEC. ___. MODIFICATION OF EMPLOYER-PROVIDED FRINGE BENEFITS 
                   FOR BICYCLE COMMUTING.

       (a) Repeal of Suspension of Exclusion for Qualified Bicycle 
     Commuting Reimbursement.--Section 132(f) of the Internal 
     Revenue Code of 1986 is amended by striking paragraph (8).
       (b) Commuting Fringe Includes Bikeshare.--
       (1) In general.--Clause (i) of section 132(f)(5)(F) of such 
     Code is amended by striking ``a bicycle'' and all that 
     follows and inserting ``bikeshare, a bicycle, and bicycle 
     improvements, repair, and storage, if the employee regularly 
     uses such bikeshare or bicycle for travel between the 
     employee's residence and place of employment or mass transit 
     facility that connects an employee to their place of 
     employment.''.
       (2) Bikeshare.--Section 132(f)(5)(F) of such Code is 
     amended by adding at the end the following:
       ``(iv) Bikeshare.--The term `bikeshare' means a bicycle 
     rental operation at which bicycles are made available to 
     customers to pick up and drop off for point-to-point use 
     within a defined geographic area.''.
       (c) Low-Speed Electric Bicycles.--Section 132(f)(5)(F) of 
     such Code, as amended by subsection (b)(2), is amended by 
     adding at the end the following:
       ``(v) Low-speed electric bicycles.--The term `bicycle' 
     includes a two- or three-wheeled vehicle with fully operable 
     pedals and an electric motor of less than 750 watts (1 h.p.), 
     whose maximum speed on a paved level surface, when powered 
     solely by such a motor while ridden by an operator who weighs 
     170 pounds, is less than 20 mph.''.
       (d) Modification Relating to Bicycle Commuting Month.--
     Clause (iii) of section 132(f)(5)(F) of such Code is amended 
     to read as follows:
       ``(iii) Qualified bicycle commuting month.--The term 
     `qualified bicycle commuting month' means, with respect to 
     any employee, any month during which such employee regularly 
     uses a bicycle for a portion of the travel between the 
     employee's residence and place of employment.''.
       (e) Limitation on Exclusion.--
       (1) In general.--Subparagraph (C) of section 132(f)(2) of 
     such Code is amended by striking ``applicable annual 
     limitation'' and inserting ``applicable monthly limitation''.
       (2) Applicable monthly limitation defined.--Clause (ii) of 
     section 132(f)(5)(F) of such Code is amended to read as 
     follows:
       ``(ii) Applicable monthly limitation.--The term `applicable 
     monthly limitation', with respect to any employee for any 
     month, means an amount equal to 30 percent of the dollar 
     amount in effect for the month under paragraph (2)(B).''.
       (3) Aggregate limitation.--Subparagraph (B) of section 
     132(f)(2) of such Code is amended by inserting ``and the 
     applicable monthly limitation in the case of any qualified 
     bicycle commuting benefit''.
       (f) No Constructive Receipt.--Paragraph (4) of section 
     132(f) of such Code is amended by striking ``(other than a 
     qualified bicycle commuting reimbursement)''.
       (g) Conforming Amendments.--Paragraphs (1)(D), (2)(C), and 
     (5)(F) of section 132(f) of such Code are each amended by 
     striking ``reimbursement'' each place it appears and 
     inserting ``benefit''.
       (h) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.
                                 ______