§6356 — Title 10 Armed Forces | U.S. Code

§6356 Authority to Use Passenger Carriers for Contractor Commuting

Title 10 › Subtitle Subtitle A— General Military Law › Part VI— ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart B— Atomic Energy Defense › Chapter 608— ADMINISTRATIVE MATTERS › Subchapter III— FACILITIES MANAGEMENT › § 6356

Last updated Apr 18, 2026|Official source

Summary

The Administrator can use passenger carriers to move contractor employees between a covered facility and a mass transit stop when the Administrator decides it helps the Administration carry out its mission under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401). Management and Operating contractors may voluntarily send a plan through their contracting officer to offer such transportation. The Administrator must review those plans and may approve them if they meet required points. Plans can cover things like parking, road work, land, the passenger service itself, and commuter cost programs. Each plan must explain how the service helps the mission, how it saves money or benefits the Government, what benefits and cost controls it includes, and how it will reduce traffic, shorten commutes, and help hire and keep workers. The Administrator may let the Senior Procurement Executive approve plans. The Administration can pay contractors back from its appropriated funds. When running approved plans, the Administrator should use alternative fuel vehicles when practical, make sure the money supports the mission in section 3211, and not count the travel time on these services as work hours. Definitions: “contractor employee” — an employee of a Management and Operating contractor or any subcontractor; “covered facility” — an Administration facility that directly supports the section 3211 mission; “Management and Operating contractor” — the contractor that runs a covered facility; “passenger carrier” — a vehicle, aircraft, boat, train, or similar transport owned, leased, or provided by the Government or a contractor.

Title 10, §6356

Armed Forces — Source: USLM XML via OLRC

(a)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.

(b)(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)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)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); 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)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).

(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.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2815 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.