[House Report 110-727]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-727
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
SAVING ENERGY THROUGH PUBLIC TRANSPORTATION ACT OF 2008
_______
June 20, 2008.--Ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 6052]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 6052) to promote increased public
transportation use, to promote increased use of alternative
fuels in providing public transportation, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
Purpose of the Legislation
H.R. 6052, the ``Saving Energy Through Public
Transportation Act of 2008'', promotes increased public
transportation use and increased use of alternative fuels in
providing public transportation, and for other purposes.
Background and Need for Legislation
According to the U.S. Department of Energy (``DOE''), the
transportation sector accounts for 68 percent of the total U.S.
petroleum consumption, and Americans used almost 14 million
barrels of oil each day for transportation purposes in 2006.
In addition, the U.S. Environmental Protection Agency
(``EPA'') estimates that 27.7 percent of the total greenhouse
gas emissions produced by the United States come from the
transportation sector, second only to electricity generation.
DOE reports that the carbon dioxide emissions from the
transportation sector grew 25.4 percent between 1990 and 2006,
an average of 1.4 percent each year. The most recent DOE data
show that transportation produces more metric tons of energy-
related carbon dioxide than the residential and commercial
sectors, and almost as much as the industrial sector. Nearly
all of these transportation-related emissions come from the use
of petroleum products.
In response to these adverse energy and emissions effects
of transportation, the Federal Government has implemented a
wide array of initiatives, including support for public transit
and nonmotorized transportation, alternative fuels research and
implementation, programs to improve air quality and to reduce
congestion, and programs to increase the number of Federal
employees who use public transportation for their commute.
While these initiatives assist Americans in reducing their
transportation-related emissions, energy consumption, and
reliance on foreign oil, improvements to these programs in
addition to new Federal initiatives are needed in order to move
the United States toward greater energy independence.
Increasing public transportation use in America is one of
the most promising ways to meet our energy and emissions
reduction goals. As such, the primary objective of H.R. 6052,
the ``Saving Energy Through Public Transportation Act of
2008'', is to reduce the United States' dependence on foreign
oil by encouraging more people to use public transportation. By
increasing incentives for commuters to choose transit options,
the Federal Government can strengthen its role in partnering
with the American public in reducing our transportation-related
energy consumption and reliance on foreign oil.
The energy savings and emissions reductions generated by
public transportation use in the United States are well
documented. According to two recent studies, the direct
petroleum savings attributable to current public transportation
use in the United States is 1.4 billion gallons per year. When
the secondary effects of transit availability on travel are
also taken into account, public transportation saves the
equivalent of 4.2 billion gallons of gasoline annually--more
than 11 million gallons of gasoline per day. Moreover, if
Americans used transit at the same rate as Europeans--for
roughly 10 percent of their daily travel needs--the United
States could reduce its dependence on imported oil by more than
40 percent, nearly equal to the 550 million barrels of crude
oil that we import from Saudi Arabia each year.
Public transportation use is also estimated to reduce
carbon dioxide emissions by 37 million metric tons annually.
When a solo commuter switches from a single occupancy vehicle
to a transit commute, this single mode shift can reduce carbon
dioxide emissions by 20 pounds per day--more than 4,800 pounds
in a year.
To a great degree, public transportation use is already
experiencing a renaissance in many American cities and towns.
In 2007, Americans took over 10.3 billion trips on public
transportation, the highest level in 50 years. Public
transportation use is up 32 percent since 1995, a figure that
is more than double the growth rate of the population and is
substantially greater than the growth rate of vehicle miles
traveled on our nation's highways for that same period. Around
the country, voters continue to approve state and local ballot
initiatives to support public transportation, even when it
means local taxes will be raised or continued.
As the average price of regular gasoline has reached $4 per
gallon, even more commuters are choosing to ride the train or
the bus to work rather than drive alone in their cars. Transit
systems in metropolitan areas are currently reporting increases
in ridership of five, ten, and even 15 percent over last year's
figures. In the first quarter of 2008, commuters took more than
2.6 billion trips on trains, subways, light rail, and buses
nationwide, an increase of 3.3 percent over the first quarter
of 2007. Light rail saw the greatest increase in ridership--
light rail ridership increased 10 percent to 110 million trips
in the first quarter of 2008. During the same timeframe,
highway vehicle miles traveled declined by 2.3 percent. In
Denver, for example, ridership was up eight percent in the
first three months of 2008 compared with last year, while
Minneapolis, Seattle, Dallas-Fort Worth and San Francisco all
reported similar increases.
Some of the largest increases in transit ridership are
occurring in many areas in the South and West where new bus and
light rail lines have been built in recent years. The Charlotte
Area Transit System, which recently opened a new light rail
line, has increased ridership more than 34 percent from
February 2007 to February 2008. Caltrain, the commuter rail
line that serves the San Francisco Peninsula and the Santa
Clara Valley, set a record for average weekday ridership in
February with a 9.3 percent increase over 2007. The South
Florida Regional Transportation Authority, which operates a
commuter rail system from Miami to Fort Lauderdale and West
Palm Beach, posted a rise of more than 20 percent in ridership
in March and April compared to the same time last year.
Meeting this impressive demand for public transportation
services is no small task for local transit agencies. The cost
of fuel and power for public transportation has sharply
increased in recent years. In 2005, approximately 911 million
gallons of fossil fuels and six billion kilowatt-hours of
electricity were used to move transit vehicles. These figures
represent an increase of 50 million gallons of fuels and 400
million kilowatt-hours during only a three-year period.
Moreover, the slowing economy means less state and local
funding is available to cover the costs of the increased fuel
and electricity needed to maintain transit services. Some
transit agencies are facing service cuts and fare increases as
a result of the high cost of fuel, which may result in less--
rather than more--Americans riding transit.
In addition to increasing transit ridership, increasing the
amount of alternative fuels and clean technologies that transit
agencies use in providing public transportation can
significantly further our energy and emissions reduction goals.
By switching to non-petroleum-based or cleaner burning fuel,
transit vehicles can reduce the amount of carbon-based
pollutants they emit. On average, alternative fuels burn
cleaner than traditional petroleum fuels, and in some cases
burn up to 90 percent cleaner. Alternative fuels help reduce
emissions of carbon monoxide, organic compounds, nitrogen
oxide, sulfur and particulate matter. Cleaner fuels, along with
better engineered engines, have helped reduce air pollution
levels in most urban communities over the past 10 years,
although widespread use of alternative fuels across all transit
modes has yet to be achieved. In 2005, only 6.3 percent of
paratransit vehicles and only 19.1 percent of buses used an
alternative form of power, compared with 49.6 percent of
commuter rail cars, 98.8 percent of light rail cars, and 100
percent of heavy rail and streetcars.
Currently, the Federal Government provides a Federal share
of 90 percent for clean fuel and alternative fuel transit bus,
ferry or locomotive-related equipment or facilities. However,
given the way in which the Federal Transit Administration
administers this provision, the average Federal share for these
types of clean fuel projects is only 83 percent. As such, it is
important to further increase the Federal share for clean and
alternative fuel transit projects, thereby assisting transit
agencies in reducing their transportation-related emissions and
reliance on foreign oil.
Another approach to meeting our energy and emissions
reduction goals is to increase the number of transit commuters
within the Federal workforce. For more than 20 years, laws have
been in place to encourage Federal employees to commute by
means other than single-occupancy vehicles in order to improve
air quality and reduce congestion. The most commonly used
program to achieve these goals at the Federal level has been
the Federal Transit Benefits Program, but current law does not
require that all Federal agencies implement the program.
Rather, participation is only required in certain regions and
by certain agencies, thereby limiting an otherwise successful
initiative.
Transit benefits programs create incentives for commuters
to switch from driving alone to work to taking public
transportation. These programs have reduced Federal employees'
contribution to traffic congestion and air pollution and
expanded their commuting alternatives. The Department of
Transportation has called for the nationwide expansion of the
Federal Transit Benefits Program, an action which will provide
more Federal employees with the option to choose transit for
their commute, thereby reducing their transportation-related
energy consumption and reliance on foreign oil.
As Congress begins to more fully address the negative
consequences of energy dependence and climate change, the role
that public transportation plays in lessening our carbon
footprint should be rightfully recognized. The Federal
Government should continue to provide incentives for commuters
to choose transit options, especially those commuters within
the Federal workforce, and encourage transit agencies to
increase their use of clean and alternative fuels. Each of
these initiatives will help increase public transportation use
nationwide, thereby reducing the United States' transportation-
related energy consumption and reliance on foreign oil and
decreasing our greenhouse gas emissions. Providing more
Americans with the opportunity to choose transit options over
driving alone is one of the most promising ways to meet our
energy and emissions reduction goals.
H.R. 6052 authorizes $1.7 billion in immediate funding to
increase public transportation use across the United States.
Transit agencies may use these funds to reduce transit fares or
expand transit services in order to provide incentives for
commuters to choose transit options. These funds will allow
transit agencies to provide incentives for commuters to choose
transit options, thereby reducing their transportation-related
energy consumption and reliance on foreign oil, as well as
decreasing their greenhouse gas emissions.
Summary of the Legislation
Sec. 1. Short title
This section designates the short title of the Act as the
``Energy Savings Through Public Transportation Act of 2008''.
Sec. 2. Findings
This section details findings made by Congress regarding
the ways in which public transportation use helps Americans
reduce their transportation-related energy consumption and
reliance on foreign oil, as well as decrease their greenhouse
gas emissions.
Sec. 3. Grants to improve public transportation services
This section authorizes $1.7 billion in immediate funding
to increase public transportation use across the United States.
Transit agencies may use these funds to reduce transit fares or
expand transit services in order to provide incentives for
commuters to choose transit options. This section provides $850
million for each of fiscal years 2008 and 2009 for these
grants. The funds are distributed by the urbanized area formula
(section 5307) and the rural formula (section 5311) of title
49, United States Code. The funds are available to expand
transit services and reduce transit fares. The funds are
available for two years and have a 100 percent Federal share.
These funds will allow transit agencies to provide
incentives for commuters to choose transit options, thereby
reducing their transportation-related energy consumption and
reliance on foreign oil, as well as decreasing their greenhouse
gas emissions.
Sec. 4. Increased Federal share for clean air act compliance
This section increases the Federal share for clean fuel and
alternative fuel transit bus, ferry or locomotive-related
equipment or facilities from 90 percent to 100 percent of the
net project cost for fiscal years 2008 and 2009, unless the
grant recipient requests a lower grant percentage.
The increased Federal share creates incentives for transit
agencies to purchase alternative fuel transit equipment.
Sec. 5. Federal agency transit benefits
This section establishes a nationwide Federal transit pass
benefits program and requires all Federal agencies in the
United States to offer transit passes to Federal employees
working in urbanized areas with fixed route transit systems. It
also requires that specific guidelines be followed in
implementing the nationwide program to avoid the possibility of
fraud and abuse.
Section 3049 of P.L. 109-59, the ``Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users'', currently requires that all Federal agencies within
the National Capital Region implement a transit pass fringe
benefits program and offer employees transit passes. This
requirement originated from Executive Order 13150, signed by
President Clinton on April 21, 2000. The Executive Order also
required the Department of Transportation, the Environmental
Protection Agency, and the Department of Energy to implement a
nationwide three-year pilot transit pass benefit program for
all qualified Federal employees of those agencies.
The Department of Transportation (``DOT'') has determined
that both the National Capital Region program and the
nationwide pilot program are a success, and recommends that the
transit pass benefits program be extended to all Federal
employees nationwide.
Data from the Washington Metropolitan Area Transportation
Authority covering the first three years of the National
Capital Region transit pass program show that more than 15,500
automobiles were eliminated from roads in the Washington, D.C.,
area as a result of Federal employees shifting their travel
mode away from single occupancy vehicle (``SOV'') use to public
transportation use for commuting to work. The Department of
Transportation estimated that emissions and energy savings from
this mode shift included the reduction of more than eight
million gallons of gasoline, nearly 40,000 tons of carbon
dioxide, and over 675 tons of carbon monoxide for each of the
three years that they studied. DOT also studied the results of
the nationwide pilot and found that, within the three covered
agencies, 11 percent of the participants shifted their travel
mode away from SOV use to public transportation use for
commuting to work, again producing marked energy and emissions
savings, reduced congestion and cleaner air.
This program will allow Federal agencies nationwide to
provide incentives for commuters to choose transit options,
thereby reducing their transportation-related energy
consumption and reliance on foreign oil, as well as decreasing
their greenhouse gas emissions.
FULL-TIME FEDERAL EMPLOYMENT IN 27 METROPOLITAN STATISTICAL AREAS
------------------------------------------------------------------------
Number of Federal
Metropolitan area employees
------------------------------------------------------------------------
Washington-Baltimore, DC-MD-VA-WV.................... 312,854
New York-Northern New Jersey-Long Island............. 65,083
Los Angeles-Riverside-Orange County, CA.............. 46,432
Philadelphia-Wilmington-Atlantic City, PA............ 39,242
Norfolk-Virginia Beach-Newport News, VA.............. 38,630
Seattle-Tacoma-Bremerton, WA......................... 34,432
Atlanta, GA.......................................... 31,798
San Diego, CA........................................ 29,212
Boston-Worcester-Lawrence, MA-NH-ME-CT............... 29,015
Chicago-Gary-Kenosha, IL-IN-WI....................... 28,687
San Francisco-Oakland-San Jose, CA................... 27,652
Dallas-Fort Worth, TX................................ 24,411
Salt Lake City-Ogden, UT............................. 23,088
Oklahoma City, OK.................................... 22,144
Denver-Boulder-Greeley, CO........................... 21,240
Kansas City, MO-KS................................... 19,868
San Antonio, TX...................................... 19,572
Honolulu, HI......................................... 19,509
Miami-Fort Lauderdale, FL............................ 15,787
Detroit-Ann Arbor-Flint, MI.......................... 15,531
Houston-Galveston-Brazoria, TX....................... 14,353
Portland-Salem, OR-WA................................ 12,442
Cleveland-Akron-Lorain, OH........................... 11,077
Cincinnati-Hamilton, OH-KY-IN........................ 10,709
San Juan-Caguas-Arecibo, PR.......................... 8,967
Sacramento-Yolo, CA.................................. 7,033
Milwaukee-Racine, WI................................. 4,855
Total............................................ 933,623
------------------------------------------------------------------------
------------------------------------------------------------------------
Source: U.S. Office of Personnel Management, March 31, 2004
Sec. 6. Capital cost of contracting vanpool pilot program
This provision creates a pilot program to allow the amount
expended by private providers of public transportation by
vanpool for the acquisition of vans to be used as the non-
Federal share for matching Federal transit funds in five
communities. Under current law, only local public funds may be
used as local match, and this pilot program allows private
funds to be used in limited circumstances. This section
requires the private providers of vanpool services to use
revenues they receive in providing public transportation, in
excess of its operating costs, for the purpose of acquiring
vans, excluding any amounts the providers may have received in
Federal, state, or local government assistance for such
acquisition. The Department of Transportation will implement
and oversee the vanpool pilot projects, and will report to
Congress on the costs, benefits, and efficiencies of the
vanpool projects.
This program will encourage expanded partnering of local
communities with private vanpool providers to provide commuters
with additional transit options, thereby reducing their
transportation-related energy consumption and reliance on
foreign oil, as well as decreasing their greenhouse gas
emissions.
Sec. 7. Increased Federal share for end-of-line fixed guideway stations
This provision increases the Federal share for right-of-way
acquisition, design, engineering, and construction of
additional parking facilities at end-of-line fixed guideway
stations from 80 percent to 100 percent of the net project cost
for fiscal years 2008 and 2009, unless the grant recipient
requests a lower grant percentage. Suburban commuters are more
likely to use transit options, such as commuter rail or heavy
rail, if there is adequate parking at the station.
This provision will increase the total number of transit
commuters who have access to transit facilities, thereby
reducing their transportation-related energy consumption and
reliance on foreign oil, as well as decreasing their greenhouse
gas emissions.
Legislative History and Committee Consideration
On June 20, 2007, the Committee on Transportation and
Infrastructure ordered reported H.R. 2701, the ``Transportation
Energy Security and Climate Change Mitigation Act of 2007,''
favorably to the House. Section 201 and section 202 of H.R.
2701 are the basis for sections 3 and 4 of H.R. 6052. H.R.
2701, as ordered reported was incorporated into H.R. 3221, the
``New Direction for Energy Independence, National Security, and
Consumer Protection Act.'' See sections 8201 and 8202 of H.R.
3221. Section 6 of this bill was adopted as an amendment to
H.R. 3221 during Floor consideration of the bill. On August 4,
2007, the House passed H.R. 3221 by a recorded vote of 241-172.
However, these provisions were not included in the final
version of P.L. 110-140, the ``Energy Independence and Security
Act of 2007.''
On May 14, 2008, Chairman James L. Oberstar introduced H.R.
6052, the ``Saving Energy Through Public Transportation Act of
2008.''
On May 15, 2008, the Committee on Transportation and
Infrastructure met to consider H.R. 6052, and ordered the bill
reported favorably to the House by voice vote with a quorum
present.
Record Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with consideration
of H.R. 6052 or ordering it reported. A motion to order H.R.
6052 reported favorably to the House was agreed to by voice
vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
promote increased public transportation use and increased use
of alternative fuels in providing public transportation.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 6052
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 13, 2008.
Hon. James L. Oberstar, Chairman,
Committee on Transportation, and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6052, the Saving
Energy Through Public Transportation Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 6052--Saving Energy Through Public Transportation Act of 2008
Summary: H.R. 6052 would authorize the appropriation of
$850 million in 2009 for grants to public transportation
authorities to reduce fares or expand services. The bill also
would require all federal agencies in areas that meet certain
criteria to offer their employees subsidies to take public
transportation; however, almost all agencies currently offer
such a benefit. CBO estimates that providing additional transit
subsidies under this provision would cost about $5 million a
year.
CBO estimates that implementing H.R. 6052 would cost $806
million over the 2009-2013 period, assuming the appropriation
of the necessary funds. The legislation could also affect
direct spending by agencies not funded through annual
appropriations (such as the Tennessee Valley Authority). CBO
estimates, however, that any net increase in spending by those
agencies would not be significant.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 6052 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
-----------------------------------------------------------
2009-
2009 2010 2011 2012 2013 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Public Transportation Grants:
Authorization Level............................. 850 0 0 0 0 850
Estimated Outlays............................... 128 255 170 128 102 782
Transit Benefits for Federal Employees:
Estimated Authorization Level................... 5 5 5 5 5 25
Estimated Outlays............................... 4 5 5 5 5 24
Total Changes:
Estimated Authorization Level................... 855 5 5 5 5 875
Estimated Outlays............................... 132 260 175 132 107 806
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that H.R.
6052 will be enacted near the start of fiscal year 2009 and
that the authorized and necessary amounts will be appropriated
each year beginning in fiscal year 2009. (H.R. 6052 also would
authorize the appropriation of $850 million in 2008 for grants
to public transportation authorities; however, those amounts
are not included in this cost estimate because CBO assumes that
no further appropriations will be provided in 2008 for such
programs.) Estimates of spending are based on historical
spending patterns of existing programs.
Public transportation grants
H.R. 6052 would direct the Department of Transportation to
administer grants that would aid public transportation
authorities to either reduce fares or to expand services, and
it would authorize the appropriation of $850 million for fiscal
year 2009. That amount includes $750 million for such programs
in urban areas with populations over 50,000 and $100 million
for areas with populations under 50,000. Based on spending
patterns for similar programs, CBO estimates that implementing
those grant programs would cost $782 million over the 2009-2013
period.
Transit benefits for Federal employees
H.R. 6052 would require all federal agencies with employees
in urbanized areas served by public transportation systems that
operate on fixed routes to offer their employees passes to be
used on such transportation so that they may commute to work.
About 40 metropolitan statistical areas have such
transportation systems. Under current law, all employees in the
National Capital Area are offered such a benefit, and about 35
percent of such employees currently take the benefit.
Although not required by current law, according to the
Department of Transportation, the Department of Health and
Human Services, and the Environmental Protection Agency, almost
all agencies with employees in urban areas outside of the
National Capital Area offer their employees a subsidy to take
public transportation as would be required by the provisions in
H.R. 6052. Because most employees are already eligible for a
subsidy, CBO estimates that no more than 5,000 additional
employees would receive the subsidy under the bill. Nationwide,
the average amount that employees receive for the transit
benefit is a nearly $90 per month. Thus, CBO estimates that
implementing this provision would cost about $5 million
annually over the 2009-2013 period, assuming the availability
of appropriated funds.
Intergovernmental and private-sector impact: H.R. 6052
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would benefit state, local, and
tribal governments by authorizing grants for transportation
projects.
Previous CBO estimate: On July 18, 2007, CBO provided an
estimate for H.R. 2701, the Transportation Energy Security
Climate Change Mitigation Act of 2007, as ordered reported by
the House Committee on Transportation and Infrastructure on
June 20, 2007. That bill would also authorize grants to public
transportation authorities to either reduce fares or to expand
service. Because CBO now assumes that no further appropriations
will be provided in 2008 for public transportation programs,
the estimate for H.R. 2701 included more spending than our
estimate for H.R. 6052. H.R. 2701 would not authorize transit
benefits for additional federal employees, but it contains
several other provisions with significant costs that are not
contained in H.R. 6052. Neither bill contains intergovernmental
or private-sector mandates.
Estimate prepared by: Federal costs: Sarah Puro; Impact on
state, local, and tribal governments: Elizabeth Cove; Impact on
the private sector: Jacob Kuipers.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 6052, does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI
of the Rules of the House of Representatives.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 6052 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
Section 102(b)(3) of the Congressional Accountability Act
(Public Law 104-1) requires the report of any Committee on a
bill or joint resolution relating to terms and conditions of
employment or access to public services or accommodations to
describe the manner in which the bill or joint resolution
applies to the legislative branch.
Section 5 of H.R. 6052 establishes a nationwide Federal
transit pass benefits program and requires all Federal agencies
in the United States to offer transit passes to Federal
employees working in urbanized areas with fixed route transit
systems. It also requires that specific guidelines be followed
in implementing the nationwide program to avoid the possibility
of fraud and abuse.
Pursuant to section 3049 of P.L. 109-59, the ``Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users'', current law requires all Federal agencies
within the National Capital Region to implement a transit pass
fringe benefits program and offer employees transit passes. The
legislative branch is considered an agency for purposes of this
requirement. Pursuant to 5 U.S.C. 7905, the term ``agency''
includes an entity of the legislative branch. An ``entity of
the legislative branch'' means the House of Representatives,
the Senate, the Office of the Architect of the Capitol
(including the Botanic Garden), the Capitol Police, the
Congressional Budget Office, the Copyright Royalty Tribunal,
the Government Printing Office, and the Library of Congress.
Therefore, under current law, the legislative branch is
required to offer transit passes to employees in the National
Capital Region. In addition, a legislative branch employee
applying for the benefit must certify that the employee is
eligible for the benefit, will use the benefit for his or her
regular daily commute, will not transfer the benefit, and that
the amount that the employee receives does not exceed the
employee's average monthly commuting cost.
Section 5 of H.R. 6052 extends this requirement to all
legislative branch employees working in urbanized areas with
fixed route transit systems. The Committee understands that
transit pass benefits are currently widely available to
legislative branch employees.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 3049 OF THE SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT
TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS
SEC. 3049. TRANSPORTATION FRINGE BENEFITS.
(a) Transit Pass Transportation Fringe Benefits.--
(1) 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] Each agency
shall implement a program under which all qualified
Federal employees serving in or under such agency at a
location in an urbanized area of the United States that
is served by fixed route public transportation shall be
offered transit pass transportation fringe benefits, as
described in paragraph (2).
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(3) Definitions.--In this subsection--
[(A) the term ``covered agency'' means any
agency, to the extent of its facilities in the
National Capital Region;]
[(B)] (A) the term ``agency'' means any
agency (as defined by 7905(a)(2) of title 5,
United States Code), the Postal Rate
Commission, and the Smithsonian Institution;
[(C)] (B) the term ``National Capital
Region'' includes the District of Columbia and
every county or other geographic area covered
by section 2 of Executive Order No. 13150;
[(D)] (C) the term ``Executive Order No.
13150'' refers to Executive Order No. 13150 (5
U.S.C. 7905 note);
[(E)] (D) the term ``Federal agency'' is used
in the same way as under section 2 of Executive
Order No. 13150; and
[(F)] (E) 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
No. 13150.
(4) Rule of construction.--Nothing in this subsection
shall be considered to require that [a covered agency]
an agency--
(A) * * *
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(5) Guidance.--
(A) Issuance.--Not later than 60 days after
the date of enactment of this paragraph, the
Secretary of Transportation shall issue
guidance on nationwide implementation of the
transit pass transportation fringe benefits
program under this subsection.
(B) Uniform application.--
(i) In general.--The guidance to be
issued under subparagraph (A) shall
contain a uniform application for use
by all Federal employees applying for
benefits from an agency under the
program.
(ii) Required information.--As part
of such an application, an employee
shall provide, at a minimum, the
employee's home and work addresses, a
breakdown of the employee's commuting
costs, and a certification of the
employee's eligibility for benefits
under the program.
(iii) Warning against false
statements.--Such an application shall
contain a warning against making false
statements in the application.
(C) Independent verification requirements.--
The guidance to be issued under subparagraph
(A) shall contain independent verification
requirements to ensure that, with respect to an
employee of an agency--
(i) the eligibility of the employee
for benefits under the program is
verified by an official of the agency;
(ii) employee commuting costs are
verified by an official of the agency;
and
(iii) records of the agency are
checked to ensure that the employee is
not receiving parking benefits from the
agency.
(D) Program implementation requirements.--The
guidance to be issued under subparagraph (A)
shall contain program implementation
requirements applicable to each agency to
ensure that--
(i) benefits provided by the agency
under the program are adjusted in cases
of employee travel, leave, or change of
address;
(ii) removal from the program is
included in the procedures of the
agency relating to an employee
separating from employment with the
agency; and
(iii) benefits provided by the agency
under the program are made available
using an electronic format (rather than
using paper fare media) where such a
format is available for use.
(E) Enforcement and penalties.--The guidance
to be issued under subparagraph (A) shall
contain a uniform administrative policy on
enforcement and penalties. Such policy shall be
implemented by each agency to ensure compliance
with program requirements, to prevent fraud and
abuse, and, as appropriate, to penalize
employees who have abused or misused the
benefits provided under the program.
(F) Periodic reviews.--The guidance to be
issued under subparagraph (A) shall require
each agency, not later than September 1 of the
first fiscal year beginning after the date of
enactment of this paragraph, and every 3 years
thereafter, to develop and submit to the
Secretary a review of the agency's
implementation of the program. Each such review
shall contain, at a minimum, the following:
(i) An assessment of the agency's
implementation of the guidance,
including a summary of the audits and
investigations, if any, of the program
conducted by the Inspector General of
the agency.
(ii) Information on the total number
of employees of the agency that are
participating in the program.
(iii) Information on the total number
of single occupancy vehicles removed
from the roadway network as a result of
participation by employees of the
agency in the program.
(iv) Information on energy savings
and emissions reductions, including
reductions in greenhouse gas emissions,
resulting from reductions in single
occupancy vehicle use by employees of
the agency that are participating in
the program.
(v) Information on reduced congestion
and improved air quality resulting from
reductions in single occupancy vehicle
use by employees of the agency that are
participating in the program.
(vi) Recommendations to increase
program participation and thereby
reduce single occupancy vehicle use by
Federal employees nationwide.
(6) Reporting requirements.--Not later than September
30 of the first fiscal year beginning after the date of
enactment of this paragraph, and every 3 years
thereafter, the Secretary shall submit to the Committee
on Transportation and Infrastructure and the Committee
on Oversight and Government Reform of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report on nationwide
implementation of the transit pass transportation
fringe benefits program under this subsection,
including a summary of the information submitted by
agencies pursuant to paragraph (5)(F).
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