119 STAT. 1712
PUBLIC LAW 109–59—AUG. 10, 2005
(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; and
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