10 U.S.C. § 6356 — Authority to use passenger carriers for contractor commuting
submitted 1 year ago by Pub. L. 119-60 to r/title-10-ARMED-FORCES · 542 words · no verdicts yet
This section allows passenger carriers to transport contractor employees between covered facilities and mass-transit facilities under an approved plan. It sets plan contents, reimbursement, implementation requirements, and definitions.
(a) If and to the extent the Administrator* considers it appropriate to further the mission activities in 50 U.S.C. 2401, a passenger carrier may transport contractor employees between their covered facility and a mass-transit facility under a transportation plan adopted under this section. (b) (1) The Administrator must let Management and Operating contractors at covered facilities voluntarily submit plans through the responsible contracting officer* and must review each plan. The Administrator may approve a plan if paragraph (2)(B)'s four requirements are met. (2) A plan may propose parking, road improvements, property acquisition, passenger-carrier service, and commuting-cost deferral payments. It must explain (A) how carriers further the facility mission; (B) why the plan is economical and advantageous to the Government; (C) its benefits and cost monitoring; and (D) how it reduces congestion and commute times and improves recruitment and retention. (3) The Administrator may delegate approval to the Administration's Senior Procurement Executive. (c) The Administration* may reimburse a contractor for plan transportation costs with Administration appropriations. (d) To the greatest practicable extent and consistent with sound budget policy, implementation must (1) use alternative-fuel vehicles; (2) ensure spending furthers the Administration's mission under 50 U.S.C. 2401; and (3) exclude transportation time from the contractor employee's hours of work. (e) “Contractor employee” means a Management and Operating contractor employee or subcontractor employee at any level. “Covered facility” means an Administration facility directly supporting its 50 U.S.C. 2401 mission. “Management and Operating contractor” means one managing a covered facility. “Passenger carrier” means a passenger motor vehicle, aircraft, boat, ship, train, or similar transportation owned, leased, or provided by the Government or through an Administration contractor or subcontractor.
If and to the extent that the Administrator* deems it appropriate to further mission activities under section 3211 of the National Nuclear Security Administration* Act (50 U.S.C. 2401), a passenger carrier may be used to provide transportation services to contractor employees between the covered facility of the contractor employee and a mass transit facility in accordance with any applicable transportation plan adopted by the Administrator pursuant to this section.
The Administrator—
shall—
provide Management and Operating contractors at covered facilities the opportunity to, on a voluntary basis, submit, through the cognizant contracting officer* of the applicable covered facility, a plan to provide transportation services described in subsection (a) for contractor employees at the covered facility; and
review each such plan submitted in accordance with clause (i); and
may approve each such plan if the requirements described in clauses (i) through (iv) of paragraph (2)(B) are satisfied.
Each plan submitted pursuant to paragraph (1)(A)—
may include proposals for parking facilities, road improvements, real property acquisition, passenger carrier services, and commuting cost deferment payments to contractor employees; and
shall include—
a description of how the use of passenger carriers will facilitate the mission of the covered facility;
a description of how the plan will be economical and advantageous to the Federal Government;
a summary of the benefits that will be provided under the plan and how costs will be monitored; and
a description of how the plan will alleviate traffic congestion, reduce commuting times, and improve recruitment and retention of contractor employees.
The Administrator may delegate to the Senior Procurement Executive of the Administration the approval of any plan submitted under this subsection.
The Administration may reimburse a contractor for the costs of transportation services incurred pursuant to a plan approved under subsection (b) using funds appropriated to the Administration.
In carrying out a plan approved under subsection (b), the Administrator, to the maximum extent practicable and consistent with sound budget policy, shall—
require the use of alternative fuel vehicles to provide transportation services;
ensure funds spent for this plan further the mission activities of the Administration under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401); and
ensure that the time during which a contractor employee uses transportation services shall not be included for purposes of calculating the hours of work for such contractor employee.
In this section:
The term “contractor employee” means an employee of a Management and Operating contractor or subcontractor employee at any tier.
The term “covered facility” means any facility of the Administration that directly supports the mission of the Administration under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401).
The term “Management and Operating contractor” means a management and operating contractor that manages a covered facility.
The term “passenger carrier” means a passenger motor vehicle, aircraft, boat, ship, train, or other similar means of transportation that is owned, leased, or provided pursuant to contract or subcontract by the Federal Government or through a contractor of the Administration.
Source credit: (Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(B), Dec. 18, 2025, 139 Stat. 1456, 1462.)
- 2025Enacted · Pub. L. 119-60 · 139 Stat. 1456, 1462
A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-60 on 2025-12-18.
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