Public Law 99–550

section 1344 of title 31, United States Code, is amended to read as follows:

Ҥ 1344. Passenger carrier use

“(a)“(a)

(1)(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.

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“(2)“(2)

For purposes of paragraph (1), transportation between the residence of an officer or employee and various locations that is—

“(A)“(A)

required for the performance of field work, in accordance with regulations prescribed pursuant to subsection (e) of this section, or

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“(B)“(B)

essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties,

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is transportation for an official purpose, when approved in writing by the head of the Federal agency.

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“(b)“(b)

A passenger carrier may be used to transport between residence and place of employment the following officers and employees of Federal agencies:

“(1)“(1)

(A)(A)

the President and the Vice President;

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“(B)“(B)

no more than 6 officers or employees in the Executive Office of the President, as designated by the President; and

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“(C)“(C)

no more than 10 additional officers or employees of Federal agencies, as designated by the President;

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“(2)“(2)

(A)(A)

officers compensated at Level I of the Executive Schedule pursuant to section 5312 of title 5; and

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“(B)“(B)

a single principal deputy to an officer described in subparagraph (A) of this paragraph, when a determination is made by such officer that such transportation is appropriate;

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“(3)“(3)

principal diplomatic and consular officials abroad, and the United States Ambassador to the United Nations;

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“(4)“(4)

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 Joint Chiefs of Staff, and the Commandant of the Coast Guard;

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“(5)“(5)

the Director of the Central Intelligence Agency and the Director of the Federal Bureau of Investigation;

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“(6)“(6)

the Chairman of the Board of Governors of the Federal Reserve System;

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“(7)“(7)

the Comptroller General of the United States and the Postmaster General of the United States; and

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“(8)“(8)

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.

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Except as provided in paragraph (2) of subsection (d), any authorization made pursuant to paragraph (8) 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.

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“(c)“(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

22 USC 2700.

50 USC 403j.

State Department Basic Authorities Act of 1956 or section 8(a)(1) of the Central Intelligence Agency Act of 1949.

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“(d)“(d)

(1)(1)

Any determination made under paragraph (8) of subsection (b) 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.

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“(2)“(2)

If a clear and present danger, an emergency, or a compelling operational consideration described in paragraph (8) of subsection (b) 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).

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“(3)“(3)

The authority to make designations under subsection (b)(1) of this section and to make determinations pursuant to subsections (a)(2), (b)(2)(B), and (b)(8) 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)(8) 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.

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“(4)“(4)

Notification of each designation or determination made under paragraphs (1), (2)(B), and (8) of subsection (b) and under paragraph (2) of this subsection, including the name and title of the officer or employee affected, the reason for any determination under paragraph (8) of subsection (b), and the expected duration of any authorization under such paragraph, shall be transmitted promptly to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate.

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“(e)“(e)

(1)(1)

Not later than March 15, 1987, the Administrator of General

Regulations.

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)(8), 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.

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“(2)“(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.

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“(f)“(f)

Each Federal agency shall maintain logs or other records

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.

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“(g)“(g)

As used in this section—

“(1)“(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

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“(2)“(2)

the term ‘Federal agency’ means—

“(A)“(A)

a department (as such term is defined in section 18 of the Act of August 2, 1946 (41 U.S.C. 5a));

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“(B)“(B)

an Executive department (as such term is defined in section 101 of title 5);

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“(C)“(C)

a military department (as such term is defined in section 102 of title 5);

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“(D)“(D)

a Government corporation (as such term is defined in section 103(1) of title 5);

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“(E)“(E)

a Government controlled corporation (as such term is defined in section 103(2) of title 5);

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“(F)“(F)

a mixed-ownership Government corporation (as such term is defined in section 9101(2) of this title);

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“(G)“(G)

any establishment in the executive branch of the Government (including the Executive Office of the President);

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“(H)“(H)

any independent regulatory agency (including an independent regulatory agency specified in section 3502(10) of title 44);

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“(I)“(I)

the Smithsonian Institution; and

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“(J)“(J)

any nonappropriated fund instrumentality of the United States,

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except that such term does not include the government

District of Columbia.

of the District of Columbia

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“(h)“(h)

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

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The table of sections for chapter 13 of such title is amended by striking out the item relating to section 1344 and inserting in lieu thereof the following:

“1344. Passenger carrier use.”.

Title 10, United States Code, is amended—

Section 636(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)(5)) is amended by striking out “(without regard to the limitations contained in section 5 of Public Law 63–127, as amended (31 U.S.C. 638a(c)(2)), and section 201 of Public Law 85–468 (31 U.S.C. 638c))”.

Section 48 of the Arms Control and Disarmament Act (22 U.S.C. 2588) is amended by striking out “without regard to the limitations contained in section 78(c) of title 5 of the United States Code”.

Section 11 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2678) is repealed.

Section 660 of title 14, United States Code, is amended by striking out subsection (e).