
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: 31USC1344]

 
                       TITLE 31--MONEY AND FINANCE
 
                     SUBTITLE II--THE BUDGET PROCESS
 
                       CHAPTER 13--APPROPRIATIONS
 
         SUBCHAPTER III--LIMITATIONS, EXCEPTIONS, AND PENALTIES
 
Sec. 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)(A) the President and the Vice President;
        (B) no more than 6 officers or employees in the Executive Office 
    of the President, as designated by the President; and
        (C) no more than 10 additional officers or employees of Federal 
    agencies, as designated by the President;
        (2) the Chief Justice and the Associate Justices of the Supreme 
    Court;
        (3)(A) officers compensated at Level I of the Executive Schedule 
    pursuant to section 5312 of title 5; and
        (B) a single principal deputy to an officer described in 
    subclause (A) of this clause, when a determination is made by such 
    officer that such transportation is appropriate;
        (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, and the 
    Administrator of the Drug Enforcement Administration;
        (7) the Chairman of the Board of Governors of the Federal 
    Reserve System;
        (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) 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));
            (B) an Executive department (as such term is defined in 
        section 101 of title 5);
            (C) a military department (as such term is defined in 
        section 102 of title 5);
            (D) a Government corporation (as such term is defined in 
        section 103(1) of title 5);
            (E) a Government controlled corporation (as such term is 
        defined in section 103(2) of title 5);
            (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);
            (H) any independent regulatory agency (including an 
        independent regulatory agency specified in section 3502(10) \1\ 
        of title 44);
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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            (I) the Smithsonian Institution; and
            (J) any nonappropriated fund instrumentality of the United 
        States,

    except that such term does not include the government of the 
    District of Columbia.

    (h) Notwithstanding section 410(a) of title 39, this section applies 
to the United States Postal Service.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 924; Pub. L. 99-550, 
Sec. 1(a), Oct. 27, 1986, 100 Stat. 3067; Pub. L. 100-180, div. A, title 
XIII, Sec. 1314(d)(2), Dec. 4, 1987, 101 Stat. 1176; Pub. L. 100-202, 
Sec. 101(a) [title IV, Sec. 407], Dec. 22, 1987, 101 Stat. 1329, 1329-
26; Pub. L. 101-510, div. A, title III, Sec. 326(b), Nov. 5, 1990, 104 
Stat. 1531; Pub. L. 103-272, Sec. 4(f)(2), July 5, 1994, 108 Stat. 1363; 
Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, 
amended Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110 Stat. 
37.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1344(a)..............................  31:638a(c)(2)(1st sentence).    July 16,
 1914, ch. 141, Sec.
                                                                        5(c)(2)
(1st, last sentences), 38 Stat.
                                                                        508; re
stated Aug. 2, 1946, ch. 744,
                                                                        Sec.  1
6(a), 60 Stat. 810.
1344(b)..............................  31:638a(c)(2)(last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``officers and 
employees of the Government'' are substituted for ``officers and 
employees'' for clarity. In clause (2), the words ``performing field 
work requiring transportation'' are substituted for ``engaged in field 
work the character of whose duties makes such transportation necessary'' 
to eliminate unnecessary words. The word ``agency'' is substituted for 
``department'' because of section 101 of the revised title and for 
consistency with the source provisions restated in the section and 
section 1341.
    In subsection (b)(2), the words ``section 101 of title 5'' are used 
because of section 7(b) of the Act of September 6, 1966 (Pub. L. 89-554, 
80 Stat. 631).
    In subsection (b)(3), the words ``ambassadors, ministers, charges 
d'affaires'' are omitted as being included in ``principal diplomatic and 
consular officials''.

                       References in Text

    Section 28 of the State Department Basic Authorities Act of 1956, 
referred to in subsec. (c), is classified to section 2700 of Title 22, 
Foreign Relations and Intercourse.
    Section 8(a)(1) of the Central Intelligence Agency Act of 1949, 
referred to in subsec. (c), is classified to section 403j(a)(1) of Title 
50, War and National Defense.
    Subsection (b)(2)(B) of this section, referred to in subsec. (d)(3), 
(4), was redesignated subsec. (b)(3)(B) by Pub. L. 100-202. See 1987 
Amendment note below.
    Section 3502 of title 44, referred to in subsec. (g)(2)(H), which in 
par. (10) defined ``independent regulatory agency'', was omitted in the 
general amendment of chapter 35 of Title 44, Public Printing and 
Documents, by Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163. Pub. 
L. 104-13 enacted a new section 3502 of Title 44 which also defines 
``independent regulatory agency''.

                          Codification

    Amendment by Pub. L. 104-91 is based on section 118 of H.R. 2076, 
One Hundred Fourth Congress, as passed by the House of Representatives 
on Dec. 6, 1995, which was enacted into law by Pub. L. 104-91.


                               Amendments

    1996--Subsec. (b)(6). Pub. L. 104-91, as amended by Pub. L. 104-99, 
amended par. (6) generally. Prior to amendment, par. (6) read as 
follows: ``the Director of the Central Intelligence Agency and the 
Director of the Federal Bureau of Investigation;''.
    1994--Subsecs. (b), (d), (e). Pub. L. 103-272 amended Pub. L. 100-
202. See 1987 Amendment notes below.
    1990--Subsec. (c). Pub. L. 101-510 inserted ``, section 2637 of 
title 10,'' after ``Act of 1956''.
    1987--Subsec. (b). Pub. L. 100-202, Sec. 101(a) [title IV, 
Sec. 407(1)], as amended by Pub. L. 103-272, added cl. (2), redesignated 
former cl. (2) as (3) and in subcl. (B) substituted ``subclause (A) of 
this clause'' for ``subparagraph (A) of this paragraph'', redesignated 
former cls. (3) to (8) as (4) to (9), respectively, and in last sentence 
substituted ``clause (9)'' for ``paragraph (8)''.
    Subsec. (b)(4). Pub. L. 100-180 inserted ``the members and Vice 
Chairman of'' before ``the Joint Chiefs of Staff''.
    Subsec. (d)(1), (2). Pub. L. 100-202, Sec. 101(a) [title IV, 
Sec. 407(2)(A)], as amended by Pub. L. 103-272, substituted ``subsection 
(b)(9) of this section'' for ``paragraph (8) of subsection (b)''.
    Subsec. (d)(3). Pub. L. 100-202, Sec. 101(a) [title IV, 
Sec. 407(2)(B)], as amended by Pub. L. 103-272, substituted 
``subsections (a)(2) and (b)(3)(B) and (9)'' for ``subsections (a)(2), 
(b)(2)(B), and (b)(8)'' and ``subsection (b)(9)'' for ``subsection 
(b)(8)''.
    Subsec. (d)(4). Pub. L. 100-202, Sec. 101(a) [title IV, 
Sec. 407(2)(C)], as amended by Pub. L. 103-272, substituted ``subsection 
(b)(1), (3)(B), and (9) of this section'' and ``subsection (b)(9), and 
the expected duration of any authorization under subsection (b)(9)'' for 
``paragraphs (1), (2)(B), and (8) of subsection (b)'' and ``paragraph 
(8) of subsection (b), and the expected duration of any authorization 
under such paragraph'', respectively.
    Subsec. (e)(1). Pub. L. 100-202, Sec. 101(a) [title IV, 
Sec. 407(3)], as amended by Pub. L. 103-272, substituted ``(b)(9)'' for 
``(b)(8)''.
    1986--Pub. L. 99-550 substituted ``carrier'' for ``motor vehicle and 
aircraft'' in section catchline and amended text generally. Prior to 
amendment, text read as follows:
    ``(a) Except as specifically provided by law, an appropriation may 
be expended to maintain, operate, and repair passenger motor vehicles or 
aircraft of the United States Government that are used only for an 
official purpose. An official purpose does not include transporting 
officers or employees of the Government between their domiciles and 
places of employment except--
        ``(1) medical officers on out-patient medical service; and
        ``(2) officers or employees performing field work requiring 
    transportation between their domiciles and places of employment when 
    the transportation is approved by the head of the agency.
    ``(b) This section does not apply to a motor vehicle or aircraft for 
the official use of--
        ``(1) the President;
        ``(2) the heads of executive departments listed in section 101 
    of title 5; or
        ``(3) principal diplomatic and consular officials.''

                         Change of Name

    Committee on Government Operations of House of Representatives 
treated as referring to Committee on Government Reform and Oversight of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Government Reform and Oversight of House of Representatives changed to 
Committee on Government Reform of House of Representatives by House 
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.


                    Effective Date of 1994 Amendment

    Section 4(f)(2) of Pub. L. 103-272 provided that the amendment made 
by that section is effective Dec. 22, 1987.


                       Use of Government Vehicles

    Pub. L. 101-194, title V, Sec. 503, Nov. 30, 1989, 103 Stat. 1755, 
as amended by Pub. L. 101-280, Sec. 6(b), May 4, 1990, 104 Stat. 160, 
provided that: ``Notwithstanding any other provision of law, the head of 
each department, agency, or other entity of each branch of the 
Government may prescribe by rule appropriate conditions for the 
incidental use, for other than official business, of vehicles owned or 
leased by the Government. Such use with respect to vehicles owned or 
leased by, or the cost of which is reimbursed by, the House of 
Representatives or the Senate shall be only as prescribed by rule of the 
House of Representatives or the Senate, as applicable.''


          Use of Official Vehicles of House of Representatives

    Pub. L. 101-194, title VIII, Sec. 802(d), Nov. 30, 1989, 103 Stat. 
1773, as amended by Pub. L. 104-186, title II, Sec. 219(a), Aug. 20, 
1996, 110 Stat. 1747, provided that: ``The Committee on House Oversight 
[now Committee on House Administration] of the House of Representatives 
shall take such action as may be necessary to carry out section 503 [set 
out above] with respect to vehicles of the House of Representatives.''

                  Section Referred to in Other Sections

    This section is referred to in section 1349 of this title; title 5 
section 3374; title 15 section 278e; title 22 section 3622; title 40 
section 491.
