§ 1344. Passenger carrier use
(a)
(1)
Funds available to a Federal agency, by appropriation or otherwise, may be expended by the Federal agency for the maintenance, operation, or repair of any passenger carrier only to the extent that such carrier is used to provide transportation for official purposes. Notwithstanding any other provision of law, transporting any individual other than the individuals listed in subsections (b) and (c) of this section between such individual’s residence and such individual’s place of employment is not transportation for an official purpose.
(2)
For purposes of paragraph (1), transportation between the residence of an officer or employee and various locations that is—
(A)
required for the performance of field work, in accordance with regulations prescribed pursuant to subsection (e) of this section, or
(B)
essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties,
is transportation for an official purpose, when approved in writing by the head of the Federal agency.
(b)
A passenger carrier may be used to transport between residence and place of employment the following officers and employees of Federal agencies:
(1)
(3)
(4)
principal diplomatic and consular officials abroad, and the United States Ambassador to the United Nations;
(5)
the Deputy Secretary of Defense and Under Secretaries of Defense, the Secretary of the Air Force, the Secretary of the Army, the Secretary of the Navy, the members and Vice Chairman of the Joint Chiefs of Staff, and the Commandant of the Coast Guard;
(6)
the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives [1] the Administrator of the Drug Enforcement Administration, and the Administrator of the National Aeronautics and Space Administration;
(8)
the Comptroller General of the United States and the Postmaster General of the United States; and
(9)
an officer or employee with regard to whom the head of a Federal agency makes a determination, in accordance with subsection (d) of this section and with regulations prescribed pursuant to paragraph (1) of subsection (e), that highly unusual circumstances present a clear and present danger, that an emergency exists, or that other compelling operational considerations make such transportation essential to the conduct of official business.
Except as provided in paragraph (2) of subsection (d), any authorization made pursuant to clause (9) of this subsection to permit the use of a passenger carrier to transport an officer or employee between residence and place of employment shall be effective for not more than 15 calendar days.
(c)
A passenger carrier may be used to transport between residence and place of employment any person for whom protection is specifically authorized pursuant to section
3056
(a) of title
18 or for whom transportation is authorized pursuant to section 28 of the State Department Basic Authorities Act of 1956, section
2637 of title
10, or section 8(a)(1) of the Central Intelligence Agency Act of 1949.
(d)
(1)
Any determination made under subsection (b)(9) of this section shall be in writing and shall include the name and title of the officer or employee affected, the reason for such determination, and the duration of the authorization for such officer or employee to use a passenger carrier for transportation between residence and place of employment.
(2)
If a clear and present danger, an emergency, or a compelling operational consideration described in subsection (b)(9) of this section extends or may extend for a period in excess of 15 calendar days, the head of the Federal agency shall determine whether an authorization under such paragraph shall be extended in excess of 15 calendar days for a period of not more than 90 additional calendar days. Determinations made under this paragraph may be reviewed by the head of such agency at the end of each such period, and, where appropriate, a subsequent determination may be made whether such danger, emergency, or consideration continues to exist and whether an additional extension, not to exceed 90 calendar days, may be authorized. Determinations made under this paragraph shall be in accordance with regulations prescribed pursuant to paragraph (1) of subsection (e).
(3)
The authority to make designations under subsection (b)(1) of this section and to make determinations pursuant to subsections (a)(2) and (b)(3)(B) and (9) of this section and pursuant to paragraph (2) of this subsection may not be delegated, except that, with respect to the Executive Office of the President, the President may delegate the authority of the President under subsection (b)(9) of this section to an officer in the Executive Office of the President. No designation or determination under this section may be made solely or principally for the comfort or convenience of the officer or employee.
(4)
Notification of each designation or determination made under subsection (b)(1), (3)(B), and (9) of this section and under paragraph (2) of this subsection, including the name and title of the officer or employee affected, the reason for any determination under subsection (b)(9), and the expected duration of any authorization under subsection (b)(9), shall be transmitted promptly to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate.
(e)
(1)
Not later than March 15, 1987, the Administrator of General Services, after consultation with the Comptroller General, the Director of the Office of Management and Budget, and the Director of the Administrative Office of the United States Courts, shall promulgate regulations governing the heads of all Federal agencies in making the determinations authorized by subsections (a)(2)(A), (b)(9), and (d)(2) of this section. Such regulations shall specify that the comfort and convenience of an officer or employee is not sufficient justification for authorizations of transportation under this section.
(2)
In promulgating regulations under paragraph (1) of this subsection, the Administrator of General Services shall provide criteria defining the term “field work” for purposes of subsection (a)(2)(A) of this section. Such criteria shall ensure that transportation between an employee’s residence and the location of the field work will be authorized only to the extent that such transportation will substantially increase the efficiency and economy of the Government.
(f)
Each Federal agency shall maintain logs or other records necessary to establish the official purpose for Government transportation provided between an individual’s residence and such individual’s place of employment pursuant to this section.
(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—
(4)
For purposes of any determination under chapter
81 of title
5 or chapter
171 of title
28, an individual shall not be considered to be in the “performance of duty” or “acting within the scope of his or her office or employment” by virtue of the fact that such individual is receiving transportation services under this subsection. Nor shall any time during which an individual uses such services be considered when calculating the hours of work or employment for that individual for purposes of title 5 of the United States Code, including chapter 55 of that title.
(h)
As used in this section—
(1)
the term “passenger carrier” means a passenger motor vehicle, aircraft, boat, ship, or other similar means of transportation that is owned or leased by the United States Government; and
(2)
the term “Federal agency” means—
(A)
a department (as such term is defined in section 18 of the Act of August 2, 1946 (41 U.S.C. 5a));
(F)
a mixed-ownership Government corporation (as such term is defined in section
9101
(2) of this title);
(G)
any establishment in the executive branch of the Government (including the Executive Office of the President);
(i)
Notwithstanding section
410
(a) of title
39, this section applies to the United States Postal Service.
[1] So in original. Probably should be followed by a comma.
[2] See References in Text note below.