NOTICE OF CHANGE IN SENATE PUBLIC TRANSPORTATION SUBSIDY REGULATIONS
COMMITTEE ON RULES AND ADMINISTRATION
Mr. LOTT. Mr. President, I wish to announce that in accordance with Title V of the Rules of Procedure of the Senate Committee on Rules and Administration, the Committee has updated the Senate Public Transportation Subsidy regulations effective October 1, 2004.
Based on the Committee's review of the 1992 regulations which authorize the issuance of tax free "de minimis fringe benefit": transit fare media, and a review of the Transportation Equity Act for the 21st Century (P.L. 105-78), the Committee has concluded that its regulations should be updated to reflect statutory changes in the dollar amount allowed to be issued as a "de minimis fringe benefit." In addition, the Committee has streamlined the process for office participation in this program.
PUBLIC TRANSPORTATION SUBSIDY REGULATIONS
Sec. 1. Policy
It is the policy of the Senate to encourage employees to use public mass transportation in commuting to and from Senate offices.
Sec. 2. Authority
The Tax Reform Act of 1986, as amended by the Transportation Equity Act for the 21st Century (P.L. 105-78) allows employers to give employees as a tax free "de minimis fringe benefit" transit fare media of a value not exceeding $100 per month. The Fiscal Year 1991 Treasury-Postal Appropriations Act (Pub. L. 101-509) allows Federal agencies to participate in state or local government transit programs that encourage employees to use public transportation.
Sec. 3. Definitions
(a) Public Mass Transportation-A transportation system operated by a State or local government, e.g. bus or rail transit system.
(b) Fare Media-A ticket, pass, or other device, other than cash, used to pay for transportation on a public mass transit system.
© Office-Refers to a Senate employee's appointing authority, that is, the Senator, committee chairman, elected officer, or an official of the Senate who appointed the employee. For purposes of these regulations, an employee in the Office of the President pro tempore, Deputy President pro tempore, Majority Leader, Minority Leader, Majority Whip, Minority Whip, Secretary of the Conference of the Majority, or Secretary of the Conference of the Minority shall be considered to be an employee, whose appointing authority is the Senator holding such position.
(d) Qualified Employee-An individual employed in a Senate office whose salary is disbursed by the Secretary of the Senate, whose salary is within the limit set by his or her appointing authority for participation in a transit program under these regulations, and who is not a member of a car pool or the holder of any Senate parking privilege.
(e) Qualified program refers to the program of a public mass transportation system that encourages employees to use public transportation in accordance with the requirements of Pub. L. 101-509 whose participation in the Senate program in accordance with these regulations has been approved by the Committee on Rules and Administration.
Sec. 4. Program requirements
(a) Each office within the Senate is authorized to provide to qualified employees under its supervision a de minimis fringe employment benefit of transit fare media of a value not to exceed the amount authorized by statute currently not to exceed $100 per month.
(b) Each appointing authority may establish a salary limit for participation in this program by his or her employees. If such salary limit is established, all staff paid at or below that limit, and who meet the other criteria established in these regulations, must be permitted to participate in this program.
© For purposes of these regulations, an individual employed for a partial month in an office shall be considered employed for the full month in that office.
(d) The fare media purchased by participating offices under this program shall only be used by qualified employees for travel to and from their official duty station.
(e) Any fare media purchased under this program may not be sold or exchanged although exchanges of Metro Card Media for transportation on the Virginia Railway Express (VRE) or the Maryland Transit Administration's MARC trains are permissible.
(f) In addition to any criminal liability, any person misusing, selling, exchanging or obtaining or using a fare media in violation of these regulations shall be required to reimburse the office for the full amount of the fare media involved and may be disqualified from further participation in this program.
Sec. 5. Office administration of program
Each office electing to participate in this program shall be responsible for its administration in accordance with these regulations, shall designate an individual to manage its program, and may adopt rules for its participation consistent with these regulations.
An employee who wishes to participate in this program shall make application with his or her office on a form which shall include a certification that such person is not a member of a motor pool, does not have any Senate parking privilege (or has relinquished same as a condition of participation), will use the fare media personally for traveling to and from his or her duty station, and will not exchange or sell the fare media provided under this program. The application shall include the following statement:
This certification concerns a matter within the jurisdiction of an agency of the United States and making a false, fictitious, or fraudulent certification may render the maker subject to criminal prosecution under 18 U.S.C.§ 1001.
Safekeeping and distribution of fare media purchased for an office is the responsibility of the program manager in that office. Participating offices may not refund or replace any damaged, misplaced, lost, or stolen fare media.
Sec. 6. Senate stationery room responsibilities
The only program currently available in the Washington, DC metropolitan area at this time is "Metro Pool," a program established through Metro by the District of Columbia. Transit benefits will be provided through Metro Pool for participating offices in the Washington, D. C. area. The Committee on Rules and Administration shall enter into an agreement with Metro Pool for purchase of fare media by the Senate Stationery Room as required by participating offices on a monthly basis.
A participating office shall purchase the fare media with its authorized appropriated funds from the Senate Stationery Room through its stationery account pursuant to 2 U.S.C.§ 119.
Each office shall present to the Senate Stationery Room [two copies of] the certification referred to in section 7 of these regulations. A new certification shall be submitted when an employer is added to or deleted from the program. The Stationery Room shall make available to the Senate Rules Committee Audit Section a monthly summary of office participation in this program. In addition, the Stationery Room may not refund or replace any damaged, misplaced, lost, or stolen fare media that has been purchased through the office's stationery account.
Sec. 7. Certification
The certification required by section 6 shall be approved by the appointing authority and shall include the name, and social security number of each participating employee within that office, and the following statements:
(a) Each person included on the list is currently a qualified employee as defined in Section 3.
(b) No person included on the list has any current Senate parking privilege and that no parking privileges will be restored to any person on the list during the period for which the fare media is purchased.
© That each month's fare media for each participating employee does not exceed the maximum dollar amount specified in statute (currently $100).
Sec. 8. Other participating programs
Section 6 provides for procedures for participation by Washington offices in the Metro Pool program established through Metro by the District of Columbia. Additional programs in the Washington, D. C. metropolitan area, or programs offered in other locations where Members have offices that meet the requirements of the law and these regulations, may be used for qualified employees, subject to the following requirements:
(A) Authorization-The public transit system shall submit information to the Committee on Rules and Administration that it participates in an established state or local government program to encourage the use of public transportation for employees in accordance with the provisions of Pub. L. 101-509 and these regulations. If the program meets the requirements of the statute and these regulations and is approved by the Committee on Rules and Administration, any Senate office served by such transit system may provide benefits to its employees pursuant to these regulations.
(B) Procedures-
(1) A qualified program operating in the Washington, D.C. metropolitan area that permits purchase arrangements similar to those provided by the Metro Pool program shall participate in the Senate program in accordance with the procedures set forth in Section 6.
(2) A qualified program operating in the Washington, D. C. metropolitan area that does not have purchase arrangements similar to Metro Pool, or a qualified program located outside that metropolitan area, that permits purchases directly by an office, may make arrangements for purchase of media directly with a participating office. Such an office may provide for direct payment to that system and shall submit the certification in accordance with Section 7.
(3) In the case of a qualified program that does not permit purchase arrangements as provided in paragraphs (1) or (2) above, an office may provide for reimbursement to a qualified employee and shall submit a certification in accordance with Section 7.
© Documentation-The following documentation must accompany a voucher submitted under paragraph 8(B)(2) or (3):
(1) A copy of the Rules Committee approval, in accordance with section 8(A), with the first voucher submitted for that transit program, provided subsequent vouchers identify the transit program.
(2) The certification.
(3) Proof of purchase of the fare media.
(D) Voucher Guidance-In the case of a Senator's state office, reimbursement for payment to either a qualified transit system, or a qualified employee shall be from the Senators' Official Personnel and Office Expense Account (SOP& OEA) as a home state office expense on a seven part voucher. In the Washington, DC metropolitan area, reimbursement for payment to either a qualified transit system, or a qualified employee shall be as follows:
(1) in the case of a Senator's office from the SOP & OEA as an "other official expense" (discretionary expense).
(2) in the case of a Senate committee or administrative office as an "Other" expense.
Sec. 9. Special circumstances
Any circumstances not covered under these regulations shall be considered on application to the Committee on Rules and Administration.
Sec. 10. Effective date
These regulations shall take effect on the first day of the month following date of approval.