[Weekly Compilation of Presidential Documents Volume 36, Number 17 (Monday, May 1, 2000)]
[Pages 905-906]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13150--Federal Workforce Transportation

April 21, 2000

    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), section 1911 of 
the Energy Policy Act of 1992 (Public Law 102-486), 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), 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:
    Section 1.  Mass Transportation and Vanpool Transportation Fringe 
Benefit Program. (a) By no later than October 1, 2000, Federal agencies 
shall implement a transportation fringe benefit program that offers 
qualified Federal employees the option to exclude from taxable wages and 
compensation, consistent with section 132 of title 26, United States 
Code, employee commuting costs incurred through the use of mass 
transportation and vanpools, not to exceed the maximum level allowed by 
law (26 U.S.C. 132 (f)(2)). These agency programs shall comply with the 
requirements of Internal Revenue Service regulations for qualified 
transportation fringe benefits under section 1.132-9 of title 26, Code 
of Federal Regulations, and other guidance.
    (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.
    Sec. 2.  Federal Agencies in the National Capital Region. Federal 
agencies in the National Capital Region shall implement a ``transit 
pass'' transportation fringe benefit program for their qualified Federal 
employees by no later than October 1, 2000. Under this program, agencies 
shall provide their qualified Federal employees, in addition to current 
compensation, transit passes as defined in section 132(f)(5) of title 
26, United States Code, in amounts approximately equal to employee 
commuting costs, not to exceed the maximum level allowed by law (26 
U.S.C. 132(f)(2)). The National Capital Region is defined as the 
District of Columbia; Montgomery, Prince George's, and Frederick 
Counties in Maryland; Arlington, Fairfax, Loudon, and Prince William 
Counties in Virginia; and all cities now or hereafter existing in 
Maryland or Virginia within the geographic area bounded by the outer 
boundaries of the combined area of said counties.
    Sec. 3.  Nationwide Pilot Program. The Department of Transportation, 
the Environmental Protection Agency, and the Department of Energy shall 
implement a ``transit pass'' transportation fringe benefit program, as 
described in section 2 of this order, for all of their qualified Federal 
employees as a 3 year pilot program by no later than October 1, 2000. 
Before determining whether the program should be extended to other 
Federal employees nationwide, it shall be analyzed by an entity 
determined by the agencies identified in section 4 of this order to 
ascertain, among other things, if it is effective

[[Page 906]]

in reducing single occupancy vehicle travel and local area traffic 
congestion.
    Sec. 4.  Guidance. Federal agencies shall develop plans to implement 
this order in consultation with the Department of the Treasury, the 
Department of Transportation, the Environmental Protection Agency, the 
Office of Personnel Management, the General Services Administration, and 
the Office of Management and Budget. Federal agencies that currently 
have more generous programs or benefits in place may continue to offer 
those programs or benefits. Agencies shall absorb the costs of 
implementing this order within the sums received pursuant to the 
President's FY 2001 budget request to the Congress.
    Sec. 5.  Judicial Review. This order is not intended to and does not 
create any right or benefit, substantive or procedural, enforceable at 
law by any party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other person.
                                            William J. Clinton
 The White House,
 April 21, 2000.

 [Filed with the Office of the Federal Register, 8:45 a.m., April 25, 
2000]

 Note: This Executive order was made available by the Office of the 
Press Secretary on April 21 but was embargoed for release until 10:06 
a.m. on April 22, and it was published in the Federal Register on April 
26.