Office of the Law Revision Counsel, U.S. House of Representatives
31 USC Sec. 1344 01/06/03
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);
(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
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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1344(a) 31:638a(c)(2)(1st July 16, 1914, ch. 141, Sec.
sentence). 5(c)(2)(1st, last sentences),
38 Stat. 508; restated Aug. 2,
1946, ch. 744, Sec. 16(a), 60
Stat. 810.
1344(b) 31:638a(c)(2)(last
sentence).
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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.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
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 sections 3374, 3704; title 15 section 278e; title 22 section
3622; title 40 section 611.
-FOOTNOTE-
(!1) See References in Text note below.
Office of the Law Revision Counsel, U.S. House of Representatives