Bicycle Commuter Act of 2025

#3936 | HR Congress #119

Subjects:

Last Action: Referred to the House Committee on Ways and Means. (6/11/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary



This legislation, known as the Bicycle Commuter Act of 2025, proposes changes to the Internal Revenue Code of 1986 in order to modify the employer-provided fringe benefits for bicycle commuting. It is intended to encourage and support individuals who use bicycles as their mode of transportation to and from work. The Act repeals the suspension of exclusion for qualified bicycle commuting benefits and expands the definition of what qualifies as a bicycle commuting benefit. It also sets limitations on the exclusion amount and ensures that there is no constructive receipt of benefits. The changes made by this legislation will take effect for taxable years beginning after December 31, 2024.

Possible Impacts



1. Positive Impact on Commuters: The Bicycle Commuter Act of 2025 would provide a financial incentive for individuals to commute to work using a bicycle. This would encourage more people to adopt environmentally friendly modes of transportation, leading to a reduction in carbon emissions and promoting healthier lifestyles.

2. Increased Employee Benefits: The Act would expand the definition of qualified commuting property to include electric bicycles and scooters, providing employees with more options for their commute and potentially increasing their job satisfaction.

3. Potential Impact on Employers: Employers may bear additional costs as they are required to reimburse employees for qualified commuting expenses. This could potentially impact their bottom line and lead to changes in employee benefits packages.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3936 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3936

To amend the Internal Revenue Code of 1986 to modify employer-provided 
                 fringe benefits for bicycle commuting.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2025

  Mr. Thompson of California introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to modify employer-provided 
                 fringe benefits for bicycle commuting.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bicycle Commuter Act of 2025''.

SEC. 2. REINSTATEMENT AND EXPANSION OF EMPLOYER-PROVIDED FRINGE 
              BENEFITS FOR BICYCLE COMMUTING.

    (a) Repeal of Suspension of Exclusion for Qualified Bicycle 
Commuting Benefits.--Section 132(f) of the Internal Revenue Code of 
1986 is amended by striking paragraph (8).
    (b) Expansion of Bicycle Commuting Benefits.--Section 132(f)(5)(F) 
of such Code is amended to read as follows:
                    ``(F) Definitions related to bicycle commuting 
                benefits.--
                            ``(i) Qualified bicycle commuting 
                        benefit.--The term `qualified bicycle commuting 
                        benefit' means, with respect to any calendar 
                        year--
                                    ``(I) any employer reimbursement 
                                during the 15-month period beginning 
                                with the first day of such calendar 
                                year for reasonable expenses incurred 
                                by the employee during such calendar 
                                year for the purchase (including 
                                associated finance charges), lease, 
                                rental (including a bikeshare), 
                                improvement, repair, or storage of 
                                qualified commuting property, or
                                    ``(II) the direct or indirect 
                                provision by the employer to the 
                                employee during such calendar year of 
                                the use (including a bikeshare), 
                                improvement, repair, or storage of 
                                qualified commuting property,
                        if the employee regularly uses such qualified 
                        commuting property for travel between the 
                        employee's residence, place of employment, a 
                        qualified parking facility, or a mass transit 
                        facility that connects the employee to their 
                        residence or place of employment.
                            ``(ii) Qualified commuting property.--The 
                        term `qualified commuting property' means--
                                    ``(I) any bicycle (other than a 
                                bicycle equipped with any motor),
                                    ``(II) any electric bicycle,
                                    ``(III) any 2- or 3-wheel scooter 
                                (other than a scooter equipped with any 
                                motor), and
                                    ``(IV) any 2- or 3-wheel scooter 
                                propelled by an electric motor if such 
                                motor does not provide assistance if 
                                the speed of such scooter exceeds 20 
                                miler per hour (or if the speed of such 
                                scooter is not capable of exceeding 20 
                                miles per hour) and the weight of such 
                                scooter does not exceed 100 pounds.
                            ``(iii) Electric bicycle.--The term 
                        `electric bicycle' means a bicycle which is--
                                    ``(I) equipped with--
                                            ``(aa) fully operable 
                                        pedals,
                                            ``(bb) a saddle or seat for 
                                        the rider, and
                                            ``(cc) an electric motor 
                                        which is less than 750 watts, 
                                        designed to provide assistance 
                                        in propelling the bicycle, 
                                        and--

                                                    ``(AA) does not 
                                                provide such assistance 
                                                if the bicycle is 
                                                moving in excess of 20 
                                                miler per hour, or

                                                    ``(BB) if such 
                                                motor only provides 
                                                such assistance when 
                                                the rider is pedaling, 
                                                does not provide such 
                                                assistance if the 
                                                bicycle is moving in 
                                                excess of 28 miles per 
                                                hour, and

                                    ``(II) certified by the 
                                manufacturer, importer, or distributor 
                                of such bicycle to comply with the 
                                requirements under part 1512 of title 
                                16, Code of Federal Regulations (or any 
                                successor regulations issued by the 
                                Consumer Product Safety Commission).
                            ``(iv) Bikeshare.--The term `bikeshare' 
                        means a rental operation at which qualified 
                        commuting property is made available to 
                        customers to pick up and drop off for point-to-
                        point use within a defined geographic area.''.
    (c) Limitation on Exclusion.--Section 132(f)(2)(C) of such Code is 
amended to read as follows:
                    ``(C) 30 percent of the dollar amount in effect 
                under subparagraph (B) per month in the case of any 
                qualified bicycle commuting benefit.''.
    (d) No Constructive Receipt.--Section 132(f)(4) of such Code is 
amended by striking ``(other than a qualified bicycle commuting 
reimbursement)''.
    (e) Conforming Amendments.--
            (1) Section 132(f)(1)(D) of such Code is amended by 
        striking ``reimbursement'' and inserting ``benefit''.
            (2) Section 274(l) of such Code is amended by striking 
        paragraph (2).
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2024.
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