10 U.S.C. § 6356 — Authority to use passenger carriers for contractor commuting

**(a) Authority.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2401&num=0&edition=prelim)), 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. **(b) Plan Requests and Approval.—** (1) The Administrator— (A) shall— (i) 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 (ii) review each such plan submitted in accordance with clause (i); and (B) may approve each such plan if the requirements described in clauses (i) through (iv) of paragraph (2)(B) are satisfied. (2) Each plan submitted pursuant to paragraph (1)(A)— (A) may include proposals for parking facilities, road improvements, real property acquisition, passenger carrier services, and commuting cost deferment payments to contractor employees; and (B) shall include— (i) a description of how the use of passenger carriers will facilitate the mission of the covered facility; (ii) a description of how the plan will be economical and advantageous to the Federal Government; (iii) a summary of the benefits that will be provided under the plan and how costs will be monitored; and (iv) a description of how the plan will alleviate traffic congestion, reduce commuting times, and improve recruitment and retention of contractor employees. (3) The Administrator may delegate to the Senior Procurement Executive of the Administration the approval of any plan submitted under this subsection. **(c) Reimbursement.—** 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. **(d) Implementation.—** In carrying out a plan approved under subsection (b), the Administrator, to the maximum extent practicable and consistent with sound budget policy, shall— (1) require the use of alternative fuel vehicles to provide transportation services; (2) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2401&num=0&edition=prelim)); and (3) 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. **(e) Definitions.—** In this section: (1) The term “contractor employee” means an employee of a Management and Operating contractor or subcontractor employee at any tier. (2) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2401&num=0&edition=prelim)). (3) The term “Management and Operating contractor” means a management and operating contractor that manages a covered facility. (4) 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.