
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2632]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                       CHAPTER 157--TRANSPORTATION
 
Sec. 2632. Transportation to and from certain places of 
        employment and on military installations
        
    (a)(1) Whenever the Secretary of the military department concerned 
determines that it is necessary for the effective conduct of the affairs 
of his department, the Secretary may provide the transportation 
described in paragraph (2).
    (2) Transportation that may be provided under this subsection is 
assured and adequate transportation by motor vehicle or water carrier as 
follows:
        (A) Transportation among places on a military installation 
    (including any subinstallation of a military installation).
        (B) Transportation to and from their places of duty or 
    employment on a military installation for persons covered by this 
    subsection.
        (C) Transportation to and from a military installation for 
    persons covered by this subsection and their dependents, in the case 
    of a military installation located in an area determined by the 
    Secretary concerned not to be adequately served by regularly 
    scheduled, and timely, commercial or municipal mass transit 
    services.
        (D) Transportation to and from their places of employment for 
    persons attached to, or employed in, a private plant that is 
    manufacturing material for that department, but only during a war or 
    a national emergency declared by Congress or the President.

    (3) Except as provided under subsection (b)(3), transportation under 
this subsection shall be provided at reasonable rates of fare under 
regulations prescribed by the Secretary of Defense.
    (4) Persons covered by this subsection, in the case of any military 
installation, are members of the armed forces, employees of the military 
department concerned, and other persons attached to that department who 
are assigned to or employed at that installation.
    (b)(1) Transportation described in subparagraphs (B), (C), and (D) 
of subsection (a)(2) may not be provided unless the Secretary concerned, 
or an officer of the department concerned designated by the Secretary, 
determines that--
        (A) other facilities are inadequate and cannot be made adequate;
        (B) a reasonable effort has been made to induce operators of 
    private facilities to provide the necessary transportation; and
        (C) the service to be furnished will make proper use of 
    transportation facilities and will supply the most efficient 
    transportation to the persons concerned.

    (2) The Secretary of Defense shall require that, in determining 
whether to provide transportation described in subsection (a)(2)(A) at 
any military installation, the Secretary of the military department 
concerned shall give careful consideration to the potential for saving 
energy and reducing air pollution.
    (3) In providing transportation described in subsection (a)(2)(A) at 
any military installation, the Secretary concerned may not require a 
fare for the transportation of members of the armed forces if the 
transportation is incident to the performance of duty. In providing 
transportation described in subsection (a)(2)(C) to and from any 
military installation, the Secretary concerned (under regulations 
prescribed under subsection (a)(3)) may waive any requirement for a 
fare.
    (4) The authority under subsection (a) to enter into contracts under 
which the United States is obligated to make outlays shall be effective 
for any fiscal year only to the extent that the budget authority for 
such outlays is provided in advance by appropriation Acts.
    (c) To provide transportation under subsection (a), the department 
may--
        (1) buy, lease, or charter motor vehicles or water carriers 
    having a seating capacity of 12 or more passengers;
        (2) maintain and operate that equipment by--
            (A) enlisted members of the Army, Navy, Air Force, Marine 
        Corps, or the Coast Guard, as the case may be;
            (B) employees of the department concerned; and
            (C) private persons under contract; and

        (3) lease or charter the equipment to private or public carriers 
    for operation under terms that are considered necessary by the 
    Secretary or by an officer of the department designated by the 
    Secretary, and that may provide for the pooling of Government-owned 
    and privately owned equipment and facilities and for the reciprocal 
    use of that equipment.

    (d) Fares received under subsection (a), and proceeds of the leasing 
or chartering of equipment under subsection (c)(3), shall be covered 
into the Treasury as miscellaneous receipts.

(Aug. 10, 1956, ch. 1041, 70A Stat. 146; Pub. L. 95-362, Sept. 11, 1978, 
92 Stat. 596; Pub. L. 96-125, title VIII, Sec. 807(a)-(c)(1), Nov. 26, 
1979, 93 Stat. 949, 950; Pub. L. 100-180, div. A, title III, 
Sec. 318(a)-(c), Dec. 4, 1987, 101 Stat. 1076, 1077.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2632(a)...............................  5:189c (introductory clause, words   Ma
y 28, 1948, ch. 352, Sec.  1, 62
                                         of clause 2 before semicolon, and    S
tat. 276.
                                         17 words before proviso of clause
                                         3).
                                        5:415d (introductory clause, words
                                         of clause 2 before semicolon, and
                                         17 words before proviso of clause
                                         3).
                                        5:626n (introductory clause, words
                                         of clause 2 before semicolon, and
                                         17 words before proviso of clause
                                         3).
2632(b)...............................  5:189c (clause 4).
                                        5:415d (clause 4).
                                        5:626n (clause 4).
2632(c)...............................  5:189c (clause 1; and clause 3,
                                         less 17 words before proviso).
                                        5:415d (clause 1; and clause 3,
                                         less 17 words before proviso).
                                        5:626n (clause 1; and clause 3,
                                         less 17 words before proviso).
2632(d)...............................  5:189c (clause 2, less words before
                                         semicolon).
                                        5:415d (clause 2, less words before
                                         semicolon).
                                        5:626n (clause 2, less words before
                                         semicolon).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``it is necessary * * * he may * * * 
provide assured and adequate transportation'' are substituted for the 
words ``requires assured and adequate transportation facilities * * * he 
is authorized * * * to provide such transportation''. The words ``in the 
absence of adequate private or other facilities'' are omitted as covered 
by subsection (b)(2). The words ``subject, however, to the following 
provisions and conditions'' are omitted, since the revised section 
states those conditions positively in the following subsections. The 
words ``at reasonable rates of fare'' are substituted for the first 23 
words of clause 2 of 5:189c, 415d, and 626n. The words ``under 
regulations to be prescribed by him'' are substituted for the words 
``under such regulations as the Secretary of the Army [Navy, Air Force] 
shall prescribe'' in clause 2, and the 17 words before the proviso of 
clause 3, of 5:189c, 415d, and 626n.
    In subsection (b), the words ``Transportation * * * under subsection 
(a)'' are substituted for the words ``The authority granted in this 
section to the Secretary of the Army [Navy, Air Force]''. The words 
``may not be provided'' are substituted for the words ``shall be 
exercised''. The word ``transportation'' is substituted for the word 
``service''. The words ``in each case'', ``as the case may be, that 
existing private and'', and ``by other means'' are omitted as 
surplusage.
    Subsection (b)(3) is substituted for the last 25 words of clause 4 
of 5:189c, 415d, and 626n.
    In subsection (c), the introductory clause is substituted for the 
words ``The equipment required to provide such transportation facilities 
may be either''. The words ``considered necessary'' are substituted for 
the words ``shall determine necessary and advisable under the existing 
circumstances''. The proviso of clause 3 of 5:189c, 415d, and 626n is 
stated as a positive rule in clause (3) of the revised subsection. The 
words ``for operation by the Department of the Army [Navy, Air Force], 
and when so obtained'', ``civil'', ``with such department'', ``Equipment 
so obtained'', ``and conditions'', and the first 25 words of clause 3 of 
5:189c, 415d, and 626n are omitted as surplusage.
    In subsection (d), the words ``Treasury as'' are substituted for the 
words ``Treasury of the United States to the credit of''.


                               Amendments

    1987--Subsec. (a). Pub. L. 100-180, Sec. 318(a), amended subsec. (a) 
generally. Prior to amendment, subsec. (a) read as follows: ``Whenever 
the Secretary of a military department determines that it is necessary 
for the effective conduct of the affairs of that department, he may, at 
reasonable rates of fare under regulations to be prescribed by the 
Secretary of Defense, provide assured and adequate transportation by 
motor vehicle or water carrier--
        ``(1) among places on any military installation (including any 
    subinstallation thereof) under the jurisdiction of that department; 
    and
        ``(2) to and from their places of employment--
            ``(A) for persons attached to, or employed in, that 
        department; and
            ``(B) during a war or national emergency declared by the 
        Congress or the President, for persons attached to, or employed 
        in, a private plant that is manufacturing material for that 
        department.''
    Subsec. (b)(1). Pub. L. 100-180, Sec. 318(c)(1), substituted 
``Transportation described in subparagraphs (B), (C), and (D) of 
subsection (a)(2) may not be provided'' for ``Transportation may not be 
provided under subsection (a)(2)''.
    Subsec. (b)(2). Pub. L. 100-180, Sec. 318(b)(1), (c)(2), 
redesignated subpar. (A) as par. (2) and substituted ``transportation 
described in subsection (a)(2)(A) at any military installation'' for 
``transportation at any military installation under subsection (a)(1)''. 
Subpar. (B) was struck out and replaced by par. (3) and subpar. (C) was 
redesignated par. (4).
    Subsec. (b)(3). Pub. L. 100-180, Sec. 318(b)(2), substituted par. 
(3) for former subpar. (2)(B) which read as follows: ``In providing 
transportation at any military installation under such subsection, the 
Secretary of the military department concerned may not require any fare 
for the transportation of members of the armed forces if the 
transportation is incident to training or other operational activities 
on such installation.''
    Subsec. (b)(4). Pub. L. 100-180, Sec. 318(b)(3), (c)(3), 
redesignated former par. (2)(C) as par. (4) and substituted ``subsection 
(a)'' for ``subsection (a)(1)''.
    1979--Pub. L. 96-125, Sec. 807(c)(1), inserted ``and on military 
installations'' after ``places of employment'' in section catchline.
    Subsec. (a). Pub. L. 96-125, Sec. 807(a), substituted reference to 
Secretary of a military department and to the Secretary of Defense for 
references to Secretary concerned and inserted reference to any military 
installation (including any subinstallation thereof) under the 
jurisdiction of that department.
    Subsec. (b). Pub. L. 96-125, Sec. 807(b), designated existing 
provisions as par. (1) and cls. (1) to (3) as cls. (A) to (C), 
substituted ``subsection (a)(2)'' for ``subsection (a)'' and added par. 
(2).
    1978--Subsec. (a). Pub. L. 95-362, Sec. 1(1), substituted 
``concerned'' for ``of a military department'' and ``of his department'' 
for ``of that department''.
    Subsec. (b). Pub. L. 95-362, Sec. 1(2), struck out ``of the military 
department'' before ``concerned''.
    Subsec. (c)(2)(A). Pub. L. 95-362, Sec. 1(3), inserted reference to 
the Coast Guard.


                               Regulations

    Section 318(d) of Pub. L. 100-180 required that regulations to 
implement amendments to this section be prescribed not later than 90 
days after Dec. 4, 1987.
