3 FAM 3800
bureau of GLOBAL TALENT MANAGEMENT (GTM) programs
3 FAM 3810
transit Subsidy program
(CT:PER-1145; 07-19-2023)
(Office of Origin: GTM/TS)
3 FAM 3811 GENERAL INFORMATION
3 FAM 3811.1 Summary
(CT:PER-955; 08-23-2019)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
The Transit Subsidy Program is an employer-sponsored program that offers eligible employees a monthly public transportation subsidy. The subsidy is not authorized to be used for parking, including parking at any Metro or commuter parking facility. The Transit Subsidy Program does not cover any transit expenses incurred outside of the United States.
3 FAM 3811.2 Authorities
(CT:PER-1145; 07-19-2023)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
Authorities include:
· 5 U.S.C. 3111
· 5 U.S.C. 7905
· 26 U.S.C. 132
· 18 U.S.C. 1001
· Executive Order 13150
· TRANServe Resources
3 FAM 3812 OBJECTIVE
(CT:PER-1145; 07-19-2023)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
The objective of this Transit Subsidy Program is to encourage employees to use public transportation for commuting to and from work. Increased use of the program is expected to improve air quality, reduce traffic congestion, and conserve energy by reducing the number of single occupancy vehicles on the road. If an employee ceases to use any of their monthly Transit benefit for three (3) consecutive months, they will be automatically removed from the program for inactivity by the Department of Transportation's TRANServe program to prevent fraudulent use.
.
3 FAM 3813 PUBLIC TRANSPORTATION: TRANSIT SYSTEM OR VANPOOL
(CT:PER-1145; 07-19-2023)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. To qualify for the Transit Subsidy Program, an employee must use a transit system or vanpool that is part of, or registered with, a local transit authority.
b. Employer- and employee-operated vanpools, as well as private or public transit-operated vanpools, must be, as defined by 26 U.S.C. 132(f)(5)(B) a "commuter highway vehicle" with a seating capacity of at least six (6) adults (not including the driver), and at least 80 percent of the mileage use of which can reasonably be expected to be:
(1) For purposes of transporting employees in connection with travel between their residences and place of employment; and
(2) On trips during which the number of employees transported for such purposes is at least one-half of the adult seating capacity of such vehicle (not including the driver).
c. Vanpools must be part of, or registered with, the local transit authority.
d. Informal car-pooling arrangements as well as Uber, Lyft, and similar services would not meet the requirements for use of a transit system.
3 FAM 3814 MAXIMUM VALUE OF TRANSIT SUBSIDY
(CT:PER-1145; 07-19-2023)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
The maximum amount an employee can receive as a tax-free benefit under the Transit Subsidy Program is set by legislation. The program allows exclusion of commuting costs incurred through the use of public transportation and van pools from the employees' taxable income. The current amount authorized by the Department is posted by the Bureau of Global Talent Management, Office of Talent Services (GTM/TS) on the Transit Subsidy Program website.
The program is intended to assist with public transportation commuting costs to and from work incurred by the employee each month. The transit subsidy is not authorized to be used for parking at any Metro or commuter lot and such costs are not authorized to be included in any transit subsidy request application.
3 FAM 3815 MANAGEMENT of the transit subsidy program
(CT:PER-1145; 07-19-2023)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. Three entities are involved in the Transit Subsidy Program:
(1) The Department of State through GTM/TS;
(2) The Department of Transportation (DOT); and
(3) The local transportation provider.
b. The GTM/TS Transit Subsidy Program Coordinator serves as the Department's principal liaison with DOT; provides policy guidance to employees; troubleshoots problems; and monitors internal controls.
c. The DOT TRANServe application, under the Office of the Secretary for Transportation, manages transit programs nationwide for federal agencies. TRANServe supports employees by offering simplified access to transit authority information, electronic applications, how-to instructions, and other resources that encourage the use of public transportation as a primary means of commuting between home and work. TRANServe:
(1) Maintains a current data base of eligible employees who have applied for transit subsidy; and
(2) Serves as liaison with local transportation providers.
d. Local transportation providers provide electronic fare media to the DOT.
3 FAM 3816 PROGRAM ELIGIBILITY
(CT:PER-1145; 07-19-2023)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. Eligible individuals include:
(1) The following employees with an active status in the Global Employment Management System (GEMS) if they are not receiving per diem or any other type of reimbursement for extended local travel or commuting expenses:
(a) All direct-hire (including part-time) employees who are working in a domestic assignment of at least 24 consecutive weeks;
(b) Reemployed Annuitant/When Actually Employed (REA/WAE);
(c) Presidential Management Fellows (PMFs);
(d) Pre-assignment Center employees (PACs);
(e) Paid interns and paid fellows;
(f) Employees in the United States on temporary duty for periods of at least 24 consecutive weeks.
(2) The following individuals who are not included in GEMS:
(a) Unpaid interns and unpaid fellows working in a domestic assignment of any length; and
(b) Students performing voluntary service (as defined in 5 U.S.C. 3111) working in a domestic assignment of any length.
b. Ineligible individuals include:
(1) Contractors (e.g., personal service contract and personal service agreement);
(2) Non-Department of State employees;
(3) Military personnel assigned or detailed to the Department;
(4) Employees in the United States on temporary duty for periods of less than 24 consecutive weeks;
(5) Employees who are on detail to the Department from other agencies or U.S. government entities;
(6) Employees who have applied for or are currently in possession of a parking permit from the Department under the Parking Program Administration 6 FAM 1040, except for vanpool operators;
(7) Employees who are receiving any other type(s) of funding from the Department authorized for local travel at the employee’s duty station, including reimbursement, per diem, or credit;
(8) Employees who do not use public transportation as their primary mode of commuting to work;
(9) Employees who are assigned government owned vehicles (GOV) and use them to commute to work;
c. Employees who claim Transit Subsidy Program benefits even though they are ineligible per the above guidelines are required to reimburse the Department the amount claimed. Employees will receive an official notification via an official debt collections letter.
3 FAM 3817 APPLICATION processes, use of subsidy, Reimbursement of Funds to the Department, and subsidy termination
(CT:PER-955; 08-23-2019)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. Eligible employees may apply for transit subsidy through TRANServe, available online through DOT's website.
b. Eligible employees may apply after they begin working in their domestic assignments. Eligible employees (other than interns/fellows and unpaid interns/fellows/volunteers) must be working in assignments of at least 24 consecutive weeks or more and intend to use the Transit Subsidy Program for a minimum of 24 consecutive weeks.
c. The transit subsidy is not an immediate or retroactive benefit. Out-of-pocket expenses are non-reimbursable and retroactive payments are not made. Program applicants must plan accordingly for their commuting expenses during the processing period for any application that they submit. Applications may take up to 60 days to become fully active within the Department of State, DOT, and the local transit provider system.
d. An employee is responsible for ensuring that expenses claimed on the application match anticipated expenditures for qualifying transportation. If an employee stops using public transportation on a regular basis, he or she is responsible for notifying the Transit Subsidy Program via TRANServe no later than five (5) business days after the change. Also, if commuting expenses change to less than the amount previously claimed, the employee must submit this change via TRANServe. If the employee’s commuting expenses increase, he or she may submit a change to reflect the new amount (subject to the maximum permissible subsidy amount).
e. When an employee transfers to a new assignment, duty location, organization, geographic region, or official duty station, the employee is responsible for submitting this update via a new application in TRANServe within five (5) business days of their transfer personnel action (SF-50) being processed. Paid interns/fellows or unpaid interns/fellows/volunteers must submit an update within five (5) business days of their transfer. This requirement exists even if the employee’s commuting costs do not change.
f. Employees on extended leave, TDY, or any absence of greater than 90 days must withdraw from the program by submitting a withdrawal application. Employees returning from an extended absence of over 90 days will need to complete a new TRANServe application upon their return to duty to re-enroll in the program, as they will be withdrawn from the program for inactivity by DOT to prevent fraudulent use.
g. Employees misusing benefits are subject to appropriate administrative action, up to and including discipline and/or disqualification from future Department transit benefits. Disciplinary actions range from a Letter of Reprimand to removal from federal service, depending on the severity of the abuse.
3 FAM 3817.1 Types of Fare
(CT:PER-955; 08-23-2019)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. The SmartBenefits Program is a web-based program that lets employees in the Washington, DC, Metropolitan area conveniently load the dollar value of an employee’s Metro transit (rail and bus) and vanpool benefits directly to an employee’s SmarTrip card. Employees are responsible for taking any independent action required by the local transit system to register fare cards or equivalent fare media. In the Washington, DC Metropolitan Area, if any portion of an employee’s commute accepts the SmarTrip card as means of payment, the employee must submit an application via TRANServe with a valid card number that is registered with WMATA and reflects their name as listed on Department of State personnel records. Employees who request to receive their entire transit subsidy as SmartBenefits do not need to list the amount to be applied to the SmarTrip card in the comments section of the TRANServe application. It is the responsibility of the participant to report problems with SmartBenefits to the HR Service Center or fare media provider as appropriate. Subsidies not claimed due to an error with fare media will not be reimbursed.
b. The TRANServe Credit Card Program is a DOT program that provides employees in the United States with a TRANServe Credit Card to pay for public transportation. The employees’ allocated “credit limit amount” will refresh on the 10th day of each month so employees can purchase the following month’s fare. Employees are responsible for knowing the correct method of payment for their method of transportation. Employees using more than one type of fare media must indicate in the comment section of their TRANServe application what portion of their subsidy request should be applied to the TRANServe Credit Card and/or SmarTrip card. Employees are responsible for taking any independent action required by the TRANServe Credit Card company and/or the local transit system to activate/register/replace card(s). It is the responsibility of the participant to report problems with TRANServe credit card subsidy benefits to the HR Service Center or fare media provider as appropriate for assistance. Reimbursements are not made if subsidy is not claimed due to an error with fare media. New and reinstated TRANServe Credit Card accounts may take a minimum of 30 days to activate.
3 FAM 3817.2 Lost, Stolen, Damaged, Converted, or Downloaded Fare Media
(CT:PER-955; 08-23-2019)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. Employees are solely responsible for their transit subsidy (including SmarTrip Cards and TRANServe Credit Cards and all fare media used in association with the Transit Subsidy Program) once issued and/or downloaded to a SmarTrip Card or TRANServe Credit Card.
b. The transit subsidy will not be replaced or exchanged by the Department if lost, stolen, damaged, converted, or downloaded onto a SmarTrip Card or TRANServe Credit Card in error or excess by the employee.
c. Program participants are responsible for verifying the fare media type and amount at the time their application is submitted. Questions about fare media amounts and types must be resolved prior to receipt and/or claim of fare media by the Transit Subsidy Program participant. Participants are responsible for any fare media that they accept or download, including reimbursing the Department via check or money order if the participant accepts or downloads incorrect fare media or subsidy in excess of what he or she uses for actual commuting costs.
d. A transit subsidy cannot be exchanged or transferred to a different type of fare media after it has been distributed to an employee for any reason, including accepting incorrect fare media. The employee is responsible for knowing the correct type of fare media that is accepted by his or her mode(s) of transportation prior to applying for a transit subsidy and prior to accepting any fare media and/or downloading onto a SmarTrip Card or TRANServe Credit Card and/or allocating funds to a commuter service. If an employee is in doubt of the type of fare media that is accepted by his or her mode(s) of transportation, the employee should check directly with the modes of transportation before downloading the transit subsidy or accepting the subsidy.
3 FAM 3817.3 Transfer of Transit Subsidy
(CT:PER-814; 05-09-2016)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. Transit Subsidy Program participants cannot transfer the transit subsidy delivered under this program to any other person or entity, including family members.
b. Selling or transferring a transit subsidy that a participant receives through the Department's Transit Subsidy Program may result in the participant being subject to criminal prosecution under 18 U.S.C. 1001, civil penalty action, and/or agency disciplinary action up to and including removal.
3 FAM 3817.4 Reimbursement of Transit Subsidy Funds to the Department
(CT:PER-1145; 07-19-2023)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. When a Transit Subsidy Program participant retires, resigns, transfers to another location, or is no longer eligible for the program for whatever reason, and is in possession of any unused or excess transit subsidy that he or she has accepted or downloaded as a participant in the Transit Subsidy Program, the participant must reimburse the Department.
b. When a Transit Subsidy Program participant accepts or downloads fare media in excess of what he or she uses for commuting purposes or is in possession of excess or unused fare media that was distributed through this program; the excess or unused fare media will not rollover the following month and is credited back to the Department.
c. Once a Transit Subsidy Program participant is issued transit subsidy fare media, converted fare media to other forms of payment that are accepted by modes of transportation, or has allocated or downloaded the subsidy to a commuter service, SmartTrip Card, or TRANServe Credit Card, the fare media or funds cannot be returned or exchanged for any reason. If a participant is in doubt of the type of fare media and/or amount of fare he or she should receive, he or she should not accept, convert, or download the subsidy. An employee is responsible for any funds that he or she accepts as a participant in this program, including funds that are accepted by the employee in excess of what is needed to commute to and from work.
d. Fare media of any type cannot be returned to the Department or used as payment for excess subsidy that has been accepted by program participants.
3 FAM 3817.5 Termination of Program Eligibility
(CT:PER-1145; 07-19-2023)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a. An employee must terminate participation in the Transit Subsidy Program when the employee stops using public transportation has entered into extended leave (90 days or more); has applied for or is currently in possession of a Department subsidized parking permit;or is receiving per diem or any other type of reimbursement for local travel or local commuting expenses.
b. An employee who is planning to withdraw from the program should submit an official withdrawal action via the TRANServe application in a timely manner. An employee should not download or accept transit subsidy funds for time beyond his or her intended program termination date. An employee who has downloaded excess funds or who is in possession of transit subsidy funds beyond his or her termination date must reimburse the Department via check or money order submitted directly to the Cashiers Office. Participants who download their funds through the autoload program do not need to pay them back once they have withdrawn, as the excess funds will be automatically taken from their SmarTrip card at the end of the month.
c. GTM/TS will remove participating employees if it is determined that the subsidy was claimed when the employee was ineligible. Eligibility will be reconsidered once and transit subsidy debt is repaid.
3 FAM 3818 ADDITIONAL INFORMATION
(CT:PER-1145; 07-19-2023)
(State Only)
(Foreign Service and Civil Service Employees Assigned Domestically)
a.
Additional program information and guidance can be obtained by contacting the Transit Subsidy Program Coordinator via email at HRSC@state.gov. Additionally, program information can be found on the Department’s SharePoint site, key phrase search: Transit Subsidy Program.
3 FAM 3819 UNASSIGNED