
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-68 Section 112]
[CITE: 5USC7905]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                    CHAPTER 79--SERVICES TO EMPLOYEES
 
Sec. 7905. Programs to encourage commuting by means other than 
        single-occupancy motor vehicles
        
    (a) For the purpose of this section--
        (1) the term ``employee'' means an employee as defined by 
    section 2105 and a member of a uniformed service;
        (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 Printing 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, Sec. 2(a), Dec. 2, 1993, 107 Stat. 1995.)

                       References in Text

    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.


                             Effective Date

    Section 3 of Pub. L. 103-172 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.''


                    Transit Subsidies; Appropriations

    Pub. L. 105-277, div. A, Sec. 101(f) [title II, Sec. 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, Sec. 210, Nov. 13, 1997, 111 Stat. 1489.


                       Purpose of Pub. L. 103-172

    Section 1(b) of Pub. L. 103-172 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. Federal Workforce Transportation

    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:
    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 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.
