TRANSPORTATION FRINGE BENEFITS.

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 shall implement a program under which all qualified Federal employees serving in or under such agency shall be offered transit pass transportation fringe benefits, as described in paragraph (2).(2) Benefits described.—The benefits described in this paragraph are the transit pass transportation fringe benefits which, under section 2 of Executive Order No. 13150, are required to be offered by Federal agencies in the National Capital Region on the date of the enactment of this Act.119 STAT. 1712(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) 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) 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.(4) Rule of construction.—Nothing in this subsection shall be considered to require that a covered agency—(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).(b) Authority 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) If and to the extent that the head of a Federal agency, in his or her sole discretion, deems it appropriate, 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) may 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, to the maximum extent practicable and consistent with sound budget policy, should—“(A) use alternative fuel vehicles for the provision of 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; and119 STAT. 1713“(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 or chapter 171 of title 28, an individual shall not be considered to be in the ‘performance of duty’ or ‘acting within the scope of his or her office or employment’ by virtue of the fact that such individual is receiving transportation services under this subsection. Nor shall any time during which an individual uses such services be considered when calculating the hours of work or employment for that individual for purposes of title 5 of the United States Code, including chapter 55 of that title.“(5)(A) The Administrator of General Services, after consultation with the 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 or similar means of transportation that is owned, leased, or provided pursuant to contract by the United States Government.”.(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.