S.Amdt. 696

SA 696. Mr. SARBANES submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, 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 end of the amendment add the following:

SEC. __. TRANSIT PASS TRANSPORTATION FRINGE BENEFITS.

(a) Transit Pass Transportation Fringe Benefits Study.--
(1) Study.--The Secretary of Transportation shall conduct a
study on tax-free transit benefits and ways to promote
improved access to and increased usage of such benefits, at
Federal agencies in the National Capital Region, including
agencies not currently offering the benefit.
(2) Content.--The study under this subsection shall
include--
(A) an examination of how agencies offering the benefit
make its availability known to their employees and the
methods agencies use to deliver the benefit to employees,
including examples of best practices; and
(B) an analysis of the impact of Federal employees' use of
transit on traffic congestion and pollution in the National
Capital Region.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the results of the study under this subsection.
(b) Authority to Use Government Vehicles To Transport
Federal Employees Between Their Place of Employment and Mass
Transit Facilities.--
(1) In general.--Section 1344 of title 31, United States
Code, is amended--
(A) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(B) by inserting after subsection (f) the following:
``(g)(1) A passenger carrier may be used to transport an
officer or employee of a Federal agency between the officer's
or employee's place of employment and a mass transit facility
(whether or not publicly owned) in accordance with succeeding
provisions of this subsection.
``(2) Notwithstanding section 1343, a Federal agency that
provides transportation services under this subsection
(including by passenger carrier) shall absorb the costs of
such services using any funds available to such agency,
whether by appropriation or otherwise.
``(3) In carrying out this subsection, a Federal agency
shall--
``(A) to the maximum extent practicable, use alternative
fuel vehicles to provide transportation services;
``(B) to the extent consistent with the purposes of this
subsection, provide transportation services in a manner that
does not result in additional gross income for Federal income
tax purposes; and

[[Page S5174]]

``(C) coordinate with other Federal agencies to share, and
otherwise avoid duplication of, transportation services
provided under this subsection.
``(4) For purposes of any determination under chapter 81 of
title 5, an individual shall not be considered to be in the
`performance of duty' by virtue of the fact that such
individual is receiving transportation services under this
subsection.
``(5)(A) The Administrator of General Services, after
consultation with the National Capital Planning Commission
and other appropriate agencies, shall prescribe any
regulations necessary to carry out this subsection.
``(B) Transportation services under this subsection shall
be subject neither to the last sentence of subsection (d)(3)
nor to any regulations under the last sentence of subsection
(e)(1).
``(6) In this subsection, the term `passenger carrier'
means a passenger motor vehicle, aircraft, boat, ship, or
other similar means of transportation that is owned or leased
by the United States Government or the government of the
District of Columbia.''.
(2) Funds for maintenance, repair, etc.--Subsection (a) of
section 1344 of title 31, United States Code, is amended by
adding at the end the following:
``(3) For purposes of paragraph (1), the transportation of
an individual between such individual's place of employment
and a mass transit facility pursuant to subsection (g) is
transportation for an official purpose.''.
(3) Coordination.--The authority to provide transportation
services under section 1344(g) of title 31, United States
Code (as amended by paragraph (1)) shall be in addition to
any authority otherwise available to the agency involved.

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