GAO rules that Bike Commuter Benefit extends to federal employees

I didn't even realize there was a controversy about this or that it took nearly a year to resolve it.

In our [GAO's] view, the National Indian Gaming Commission (NIGC) may expand its program to provide a $20 per month cash reimbursement to those employees who use their bicycles to commute to and from work. In designing and executing its program, NIGC should be mindful of the criteria in the Internal Revenue Code and the Office of Management and Budget (OMB) guidance.

Here's the background

NIGC participates in the federal government's transportation fringe benefit program under 5 U.S.C. sect. 7905 and Executive Order No. 13150, Federal Workforce Transportation, Apr. 21, 2000, by providing monthly transit passes to employees who certify that they use mass transit to commute to and from work. Several NIGC employees who commute by bicycle and do not participate in the transit pass program have asked whether they can obtain commuting subsidies. They point out that Congress, in 2008, amended the Internal Revenue Code to permit employers to provide up to $20 per month to those employees who commute to work by bicycle to cover the costs of a new bicycle, bicycle improvements and repairs, and storage.

Because the provisions in 26 U.S.C. sect. 132(f) do not specify whether the bicycle reimbursement is available to federal employees, the certifying officer asked if NIGC can extend its transit program to include a $20 cash reimbursement for employees who regularly commute to work by bicycle.

My reading is that GAO is saying that they can expand the transit benefit to anyone who uses means other than single occupancy motor vehicles to commute to and from work, but I'm not a lawyer.

Anyway, for federal employees seeking the $20 reimbursement, this is good news.

Thanks to Seth for the link