Page images
PDF
EPUB

duties, when those employees have been so designated in writing by the head of a Federal agency. Each Federal agency which uses Government passenger carriers to perform such duties or services should issue guidance concerning the use of home-to-work transportation by its employees.

8 101-6.401 Definitions.

list of these coordinators and information concerning the national program can be obtained by contacting the office listed in $ 101-6.303(b).

(b) Ridesharing management assistance is often available from local ridesharing agencies found in most cities throughout the country. These agencies may be sponsored by State or local governments, public transportation authorities, universities, Chambers of Commerce, Councils of Governments, etc. In addition to providing commuter matching services, these agencies have experience in local ridesharing promotion activities, vanpool and buspool programs, and are familiar with management of commuter disruptions such as transit strikes, bridge closings, as well as air pollution alerts. ETC's are encouraged to use the services of the local ridesharing agencies to the greatest extent possible.

Subpart 101-6.4-Official Use of

Government Passenger Carriers Between Residence and Place of Employment

SOURCE: 53 FR 26776, July 15, 1988, unless otherwise noted.

8 101-6.400 Scope and applicability.

(a) All Federal agencies and entities, as defined in $101-6.401(a), in the executive, judicial, and legislative branches of the Government are subject to this regulation, with the exception of the Senate, House of Representatives, Architect of the Capitol, and government of the District of Columbia.

(b) This subpart applies to the use of home-to-work transportation for employees on normal duty (non-travel) status performing assigned duties at their place of employment. This subpart does not apply to the use of a Government passenger carrier when the passenger carrier is used in conjunction with official travel to perform temporary duty (TDY) assignments away from a designated or regular place of employment.

(c) This subpart does not apply to those employees essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement

For purposes of this regulation, the following definitions apply:

(a) Federal agency means:

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

(2) An executive department (as such term is defined in 5 U.S.C. 101);

(3) A military department (as such term is defined in 5 U.S.C. 102);

(4) A Government corporation (as such term is defined in 5 U.S.C. 1031));

(5) A Government controlled corporation (as such term is defined in 5 U.S.C. 103(2));

(6) A mixed-ownership Government corporation (as such term is defined in 31 U.S.C. 9101(2));

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

(8) Any independent regulatory agency (including an independent regulatory agency specified in 44 U.S.C. 3502(10));

(9) The Smithsonian Institution;

(10) Any nonappropriated fund instrumentality of the United States; and

(11) The United States Postal Service.

(b) Head of agency means the highest official of a Federal agency.

(c) Passenger carrier means a motor vehicle, aircraft, boat, ship, or other similar means of transportation that is owned or leased (including non-TDY rentals) by the United States Government, or has come into the possession of the Government by other means, including forfeiture or donation.

(d) Employee means a Federal officer or employee of a Federal agency and includes an officer or enlisted member of the Armed Forces.

(e) Residence means the primary place where an employee resides and from which the employee commutes to his/ is a major disruption of available means of transportation to or from a work site, an essential Government service must be provided, and there is no other way to transport those employees.

(j) Compelling operational considerations means those circumstances where the provision of home-to-work transportation to an employee is essential to the conduct of official business or would substantially increase a Federal agency's efficiency and economy. Home-to-work transportation may be justifiable if other available alternatives would involve substantial additional costs to the Government or expenditures of employee time. These circumstances need not be limited to emergency or life and death situations.

her place of employment. The term residence is not synonymous with domicile as that term is used for taxation or other purposes, nor does this regulation affect the provisions set forth in the Federal Travel Regulations for employees on temporary duty (TDY) away from their designated or regular place of employment.

(f) Place of employment means any place within the accepted commuting area as determined by the agency for the locality involved, where an employee performs his/her business, trade, or occupation, even if the employee is there only for a short period of time. The term includes, but is not limited to, an official duty station, home base, headquarters, or any place where an employee is assigned to work, including locations where meetings, conferences, or other official functions take place.

(8) Field work means official work performed by an employee whose job requires the employee's presence at various locations that are at a distance from the employee's place of employment (itinerant-type travel involving multiple stops within the accepted local commuting area, or use outside that area) or at a remote location that is accessible only by Government-provided transportation. The designation of a work site as a field office does not, of itself, permit the use of a Government passenger carrier for home-towork transportation. (See $ 101-6.405.)

(h) Clear and present danger means those highly unusual circumstances which present a threat to the physical safety of the employee's person or property under circumstances where:

(1) The danger is
(i) Real, not imaginative, and

(ii) Immediate or imminent, , not merely potential; and

(2) A showing is made that the use of a Government passenger carrier would provide protection not otherwise available. (i) Emergency

those circumstances which exist whenever there is an immediate, unforeseeable, temporary need to provide home-to-work transportation for those employees who are necessary to the uninterrupted performance of the agency's mission. An emergency may occur where there

8 101-6.402 Policy.

(a) Each Federal agency shall ensure that Government passenger carriers operated by its employees are used for official purposes only; i.e., to further the mission of the agency.

(b) Each Federal agency shall limit the use of Government passenger carriers between an employee's residence and his/her place of employment to:

(1) Those persons, including the President, the Vice-President, and other principal Federal officials and their designees, as provided in 31 U.S.C. 1344 (b)(1) through (b)(7); or

(2) Those persons engaged in field work as defined in 8101-6.401(g).

(c) Other than those uses provided for in $101-6.402(b), a Federal agency shall only authorize the use of a Government passenger carrier for home-to-work transportation when there is:

(1) A clear and present danger; (2) An emergency; or

(3) A compelling operational consideration.

(d) The comfort and convenience of an employee shall not be considered sufficient justification for an agency to authorize home-to-work transportation under $101-6.402 (b) or (c).

(e) Each Federal agency shall consider the location of the employee's residence prior to authorizing home-towork transportation. Such transportation shall be authorized only within the usual commuting area for the locale of the employee's place of employment,

means

(f) An employee authorized home-towork transporation may elect to share space in a Government passenger carrier with other individuals on a space available basis, provided that the passenger carrier does not travel additional distances as a result, and provided such sharing is consistent with hisher agency's policy. When an agency establishes its space sharing policy, it should consider the effects of its potential liability for and to those individuals. If an employee is authorized transportation between his/her residence and an official duty site, this privilege does not extend to his her spouse, other relatives, or friends unless

(1) It is consistent with the agency's policy,

(2) They are with the employee when he/she is picked up, and

(3) They are transported to the same place or event.

(8) The head of each Federal agency shall authorize the use of home-towork transportation only to the extent that such transportation will substantially increase the efficiency and economy of the Government.

tation in accordance with the definition of field work in $ 101-6.401(g) and the guidance contained in $101–6.405. Determinations must be in writing and must be accomplished as soon as practicable, but not later than 90 days from the effective date of the issuance of the regulations as a final rule. Determinations should be updated as necessary and must be recertified at least every 2 years thereafter. The authority to make determinations may not be delegated.

(c) When circumstances described in $ 101-6.402(c) apply, the head of a Federal agency shall make a written determination, containing the following information: Name (or other identification, if confidential) and title of the employee; the reason for authorizing home-to-work transportation; and the anticipated duration of the authorization. The authority to make a determination may not be delegated. The determination should be completed before the employee is provided with home-to-work transportation. In some cases, an agency may wish to have certain employees ready to respond immediately when those circumstances arise without warning. Το meet those events, the head of an agency may approve a contingency determination. Such a determination should include the names of authorized individuals or positions, the situation(s) upon which

provision of home-to-work transporation is contingent, and administrative controls. When it is used to provide an employee with home-towork transportation, the contingency determination must be supplemented with the following information on the specific situation if it is not already part of the contingency determination: Name (or other identification, if confidential) and title of the employee; the reason that justified using the contingency determination; and the starting date and ending date (or anticipated ending date) of the authorization.

(1) Each determination and contingency determination must be submitted to Congress in accordance with procedures set forth in g 101–6.404. When a contingency determination is exercised, supplemental information on the specific situation, as outlined in paragraph (c) of this section, must also be

the

8 101-6.403 Agency responsibilities.

(a) Each Federal agency shall maintain logs or other records necessary to establish that any home-to-work transportation was used for official purposes. The agency may determine the organizational level at which the logs should be maintained and kept. The logs or other records should be easily accessible for audit and should contain the following information:

(1) Name and title of employee (or other identification, if confidential) using the passenger carrier;

(2) Name and title of person authorizing use;

(3) Passenger carrier identification; (4) Date; (5) Location; (6) Duration; and

(7) Circumstances requiring home-towork transportation.

(b) The head of each Federal agency shall determine which employees are eligible to use home-to-work transpor

provided to Congress. Such documentation must be easily available within the agency for audit. Additional guidance concerning determinations is contained in $ 101–6.405.

(2) The initial duration of a determination shall not exceed 15 calendar days. Should the circumstances justifying home-to-work transportation continue, the head of a Federal agencỳ may approve a subsequent determination of not more than 90 additional calendar days. If at the end of the subsequent determination, the underlying circumstances continue to exist, the head of the Federal agency may authorize an additional extension of 90 calendar days. This process may continue as long as required by the circumstances.

workday. However, the field work exception may not be used (1) when the employee's] workday begins at his or her

her official [G]overnment duty station, or (2) when the (employee] normally commutes to a fixed location, however far removed from his or her official duty station (for example, auditors or investigators assigned to a defense contractor plant). Although their daily work station is not located in a [G]overnment office, these (employees) are not performing "field work" ***. Like all [G]overnment employees, (employees) working in a "field office" are responsible for their own commuting costs.

g 101-6.404 Reports.

Each initial determination and contingency determination, as well as supplemental information on each situation where a contingency determination is exercised, prepared under 101– 6.403(c) shall be submitted to Congress promptly, but not later than 60 calendar days after approval. An agency may consolidate any subsequent determinations into a single report and submit them quarterly. Determinations and reports shall be sent to: Chairman, Committee on Governmental Af

fairs, United States Senate, suite SD-340, Dirksen Senate Office Building, Washing

ton, DC 20510. Chairman, Committee of Governmental Op

erations, United States House of Representatives, suite, 2157, Rayburn House Office Building, Washington, DC 20515.

The report also states in the same section that the legislation is intended to allow home-to-work transportation for medical officers on outpatient service. The guidelines contained in the report, as well as the Congressional Record (daily ed. October 10, 1986, pp. S 1586515868), should provide an adequate basis for an agency to determine which of its employees may be authorized home-towork transportation.

(b) Additional examples of employees who may perform field work include, but are not limited to, quality assurance inspectors, construction inspectors, customs inspectors, dairy inspectors, revenue officers, compliance investigators, and personnel background investigators. The assignment of an employee to such a position does not, of itself, entitle an employee to receive daily home-to-work transportation. When authorized, such transportation should be provided only on days when the employee actually performs field work, and then only to the extent that such transportation will substantially increase the efficiency and economy of the Government.

(c) Instances may occur when an employee, by the nature of his/her job, is designated as being authorized hometo-work transportation under the field work provision. However, circumstances may require that field work only be performed on an intermittent basis. In those instances, the agency shall establish procedures to ensure that a Government passenger carrier is used only when field work is actually being performed.

(d) In making field work determinations under $101–6.403(b), an agency head may elect to designate positions

8 101-6.405 Additional guidance.

(a) House of Representatives Report No. 99 451 99th Cong., 1st Sess. (1985) clearly indicates the intent of Congress to eliminate abuse of home-to-work transportation. The report notes, on p. 7, that:

The provision for "field work" is meant to cover an employee of (a Federal] agency whose job requires the employee's presence at various locations that are at a distance from (the employee's] place of employment ***. Examples of such employees include, but are not limited to, mine inspectors, meat inspectors, and certain other law enforcement officers, whose jobs require travel to several locations during the course of a

rather than individual names, especially in positions where rapid turnover occurs. The determination should contain sufficient information, such as the job title, number, and operational level where the work is to be performed (i.e., five recruiter personnel or positions at the Detroit Army Recruiting Battalion) to satisfy an audit, if necessary.

(e) Situations may arise where it is more cost-effective for the Government to provide an employee a vehicle for home-to-work transportation rather than have the employee travel a long distance to pick up a vehicle and then drive back toward or beyond his/her residence to perform his/her job. In those situations agencies should consider basing the vehicle at a Government facility located near the employee's job site. If such a solution is not feasible, an agency must then decide if the use of the vehicle should be approved under the compelling operational considerations definition. Home-to-work transportation in such cases may be approved only if other available alternatives would involve substantial cost to the Government or expenditure of substantial employee time.

played, normally in the lobby of the main entrance to the building. For other buildings subject to the requirements of this section which are owned, leased, or otherwise provided to the Federal Government for the purpose of performing official business, at least one copy of the Code shall be conspicuously displayed within the space occupied by the Government. In all cases, additional copies of the Code may be displayed in other appropriate building locations, such as auditoriums, bulletin boards, cafeterias, locker rooms, reception areas, and other high-traffic areas.

(d) Agencies of the Federal Government shall not pay any costs for the printing, framing, or other preparation of the Code. Agencies may properly pay incidental expenses, such as the cost of hardware, other materials, and labor incurred to display the Code. Display shall be consistent with the decor and architecture of the building space. Installation shall cause no permanent damage to stonework or other surfaces which are difficult to maintain or repair.

(e) Agencies may obtain copies of the Code by submitting a requisition for National Stock Number (NSN) 7690-01099 8167 in Fedstrip format to the GSA regional office responsible for providing support to the requisitioning agency. Agencies will be charged a nominal fee to cover shipping and handling.

Subpart 101-6.5-Code of Ethics

for Goverment Service

(58 FR 21945, Apr. 28, 1994)

Subpart 101-6.6-Fire Protection

(Firesafety) Engineering

SOURCE: 59 FR 54531, Nov. 1, 1994, unless otherwise noted.

8 101-6.500 Scope of subpart.

(a) In accordance with Public Law 96 303, the requirements of this section shall apply to all executive agencies (as defined by section 105 of title 5, United States Code), the United States Postal Service, and the Postal Rate Commission. The heads of these agencies shall be responsible for ensuring that the requirements of this section are observed and complied with within their respective agencies.

(b) Each agency, as defined in “(a)" above, shall display in appropriate areas of buildings in which at least 20 individuals are regularly employed by an agency as civilian employees, copies of the Code of Ethics for Government Service (Code).

(c) For Government-owned or wholly leased buildings subject to the requirements of this section, at least one copy of the Code shall be conspicuously dis

§ 101-6.600 Scope of subpart.

This subpart provides the regulations of the General Services Administration (GSA) under Title I of the Fire Administration Authorization Act of 1992 concerning definition and determination of equivalent level of safety. The primary objective of this regulation is to provide a quantifiable means of determining compliance with the requirements of the Act. It is not a substitute for compliance with building and fire code

« PreviousContinue »