(a) For the purpose of this section—
(1) the term "employee" means an employee as defined by section 2105, a member of a uniformed service, and a student who provides voluntary services under section 3111;
(2) the term "agency" means—
(A) an Executive agency;
(B) an entity of the legislative branch; and
(C) the judicial branch;
(3) the term "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 Publishing Office, the Library of Congress, and the Office of Technology Assessment; and
(4) the term "transit pass" means a transit pass as defined by section 132(f)(5) of the Internal Revenue Code of 1986.
(b)(1) The head of each agency may establish a program to encourage employees of such agency to use means other than single-occupancy motor vehicles to commute to or from work.
(2) A program established under this section may involve such options as—
(A) transit passes (including cash reimbursements therefor, but only if a voucher or similar item which may be exchanged only for a transit pass is not readily available for direct distribution by the agency);
(B) furnishing space, facilities, or services to bicyclists; and
(C) any non-monetary incentive which the agency head may otherwise offer under any other provision of law or other authority.
(c) The functions of an agency head under this section shall—
(1) with respect to the judicial branch, be carried out by the Director of the Administrative Office of the United States Courts;
(2) with respect to the House of Representatives, be carried out by the Committee on House Administration of the House of Representatives; and
(3) with respect to the Senate, be carried out by the Committee on Rules and Administration of the Senate.
(d) The President shall designate 1 or more agencies which shall—
(1) prescribe guidelines for programs under this section;
(2) on request, furnish information or technical advice on the design or operation of any program under this section; and
(3) submit to the President and the Congress, before January 1, 1995, and at least every 2 years thereafter, a written report on the operation of this section, including, with respect to the period covered by the report—
(A) the number of agencies offering programs under this section;
(B) a brief description of each of the various programs;
(C) the extent of employee participation in, and the costs to the Government associated with, each of the various programs;
(D) an assessment of any environmental or other benefits realized as a result of programs established under this section; and
(E) any other matter which may be appropriate.
(Added Pub. L. 103–172, §2(a), Dec. 2, 1993, 107 Stat. 1995; amended Pub. L. 107–296, title XIII, §1314(a), Nov. 25, 2002, 116 Stat. 2296; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537.)
Section 132(f)(5) of the Internal Revenue Code of 1986, referred to in subsec. (a)(4), is classified to section 132(f)(5) of Title 26, Internal Revenue Code.
2002—Subsec. (a)(1). Pub. L. 107–296 substituted ", a member of a uniformed service, and a student who provides voluntary services under section 3111" for "and a member of a uniformed service".
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (a)(3) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Pub. L. 103–172, §3, Dec. 2, 1993, 107 Stat. 1997, provided that: "This Act [enacting this section and provisions set out as notes under this section and section 7901 of this title] and the amendments made by this Act shall take effect on January 1, 1994."
Pub. L. 111–8, div. F, title I, §104, Mar. 11, 2009, 123 Stat. 761, provided that: "After September 30, 2008, the Secretary of Labor shall issue a monthly transit subsidy of not less than the full amount (of not less than $115) that each of its employees of the National Capital Region is eligible to receive."
Pub. L. 110–161, div. G, title I, §104, Dec. 26, 2007, 121 Stat. 2167, provided that: "After September 30, 2007, the Secretary of Labor shall issue a monthly transit subsidy of not less than the full amount (of not less than $110) that each of its employees of the National Capital Region is eligible to receive."
Pub. L. 109–59, title III, §3049(a), Aug. 10, 2005, 119 Stat. 1711, as amended by Pub. L. 109–435, title VI, §604(f), Dec. 20, 2006, 120 Stat. 3242, provided that:
"(A) the term 'covered agency' means any agency, to the extent of its facilities in the National Capital Region;
"(B) the term 'agency' means any agency (as defined by 7905(a)(2) of title 5, United States Code), the Postal Regulatory Commission, and the Smithsonian Institution;
"(C) 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) the term 'Executive Order No. 13150' refers to Executive Order No. 13150 (5 U.S.C. 7905 note);
"(E) the term 'Federal agency' is used in the same way as under section 2 of Executive Order No. 13150; and
"(F) 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.
"(A) 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 paragraph (1)) any program or benefits permitted or required under any other provision of law; or
"(B) discontinue (on or after the effective date referred to in paragraph (1)) any program or benefits referred to in subparagraph (A), so long as such program or benefits satisfy the requirements of paragraphs (1) through (3)."
Pub. L. 107–68, title I, §112, Nov. 12, 2001, 115 Stat. 569, authorized an employing office of an employee of the Senate to provide a monthly transportation subsidy to such employee up to the maximum monthly amount authorized under section 132(f)(2)(A) of Title 26, Internal Revenue Code.
Pub. L. 105–277, div. A, §101(f) [title II, §210], Oct. 21, 1998, 112 Stat. 2681–337, 2681–359, provided that: "Funds appropriated in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts, for the National Institutes of Health may be used to provide transit subsidies in amounts consistent with the transportation subsidy programs authorized under section 629 of Public Law 101–509 [see note preceding section 7901 of this title] to non-FTE bearing positions including trainees, visiting fellows and volunteers."
Similar provisions were contained in the following prior appropriations act:
Pub. L. 105–78, title II, §210, Nov. 13, 1997, 111 Stat. 1489.
Pub. L. 103–172, §1(b), Dec. 2, 1993, 107 Stat. 1995, provided that: "The purpose of this Act [enacting this section and provisions set out as notes under this section and section 7901 of this title] is to improve air quality and to reduce traffic congestion by providing for the establishment of programs to encourage Federal employees to commute by means other than single-occupancy motor vehicles."
Ex. Ord. No. 13150, Apr. 21, 2000, 65 F.R. 24613, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Transportation Equity Act for the 21st Century (Public Law 105–178) [see Tables for classification], section 1911 of the Energy Policy Act of 1992 (Public Law 102–486) [amending section 132 of Title 26, Internal Revenue Code], section 531(a)(1) of the Deficit Reduction Act of 1984 (26 U.S.C. 132), and the Federal Employees Clean Air Incentives Act (Public Law 103–172) [enacting this section and provisions set out as notes above], and in order to reduce Federal employees' contribution to traffic congestion and air pollution and to expand their commuting alternatives, it is hereby ordered as follows:
(b) Federal agencies are encouraged to use any nonmonetary incentive that the agencies may otherwise offer under any other provision of law or other authority to encourage mass transportation and vanpool use, as provided for in section 7905(b)(2)(C) of title 5, United States Code.
William J. Clinton.