41 C.F.R. Subpart B—Authorizing Home-to-Work Transportation
Title 41 - Public Contracts and Property Management
By statute, certain Federal officials are authorized home-to-work transportation, as are employees who meet certain statutory criteria as determined by their agency head. The Federal officials authorized by statute are 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). Those employees engaged in field work, or faced with a clear and present danger, an emergency, or a compelling operational consideration may be authorized home-to-work transportation as determined by their agency head. No other employees are authorized home-to-work transportation. No, the agency head may not delegate the authority to make home-to-work determinations. Yes, determinations should be completed before an employee is provided with home-to-work transportation unless it is impracticable to do so. Yes, determinations may be made in advance when the Federal agency wants to have employees ready to respond to: (a) A clear and present danger; (b) An emergency; or (c) A compelling operational consideration. Note to §102–5.50: Implementation of these determinations is contingent upon one of the three circumstances occurring. Thus, these may be referred to as “contingency determinations.”
Title 41: Public Contracts and Property Management
PART 102–5—HOME-TO-WORK TRANSPORTATION
Subpart B—Authorizing Home-to-Work Transportation
§ 102-5.35 Who is authorized home-to-work transportation?
§ 102-5.40 May the agency head delegate the authority to make home-to-work determinations?
§ 102-5.45 Should determinations be completed before an employee is provided with home-to-work transportation?
§ 102-5.50 May determinations be made in advance for employees who respond to unusual circumstances when they arise?
§ 102-5.55 How do we prepare determinations?
Determinations must be in writing and include the:
(a) Name and title of the employee (or other identification, if confidential);
(b) Reason for authorizing home-to-work transportation; and
(c) Anticipated duration of the authorization.
§ 102-5.60 How long are initial determinations effective?
Initial determinations are effective for no longer than:
(a) Two years for field work, updated as necessary; and
(b) Fifteen days for other circumstances.
§ 102-5.65 What procedures apply when the need for home-to-work transportation exceeds the initial period?
The agency head may approve unlimited subsequent determinations, when the need for home-to-work transportation exceeds the initial period, for no longer than:
(a) Two years each for field work, updated as necessary; and
(b) Ninety calendar days each for other circumstances.
§ 102-5.70 What considerations apply in making a determination to authorize home-to-work transportation for field work?
Agencies should consider the following when making a determination to authorize home-to-work transportation for field work:
(a) The location of the employee's home in proximity to his/her work and to the locations where non-TDY travel is required; and
(b) The use of home-to-work transportation for field work should be authorized only to the extent that such transportation will substantially increase the efficiency and economy of the Government.
§ 102-5.75 What circumstances do not establish a basis for authorizing home-to-work transportation for field work?
The following circumstances do not establish a basis for authorizing home-to-work transportation for field work:
(a) When an employee assigned to field work is not actually performing field work.
(b) When the employee's workday begins at his/her work; or
(c) When the employee normally commutes to a fixed location, however far removed from his/her official duty station (for example, auditors or investigators assigned to a defense contractor plant).
Note to §102–5.75: For instances where an employee is authorized home-to-work transportation under the field work provision, but performs field work only on an intermittent basis, the agency shall establish procedures to ensure that a Government passenger carrier is used only when field work is actually being performed. Although some employees' daily work station is not located in a Government office, these employees are not performing field work. Like all Government employees, employees working in a “field office” are responsible for their own commuting costs.
§ 102-5.80 What are some examples of positions that may involve field work?
Examples of positions that may involve field work include, but are not limited to:
(a) Quality assurance inspectors;
(b) Construction inspectors;
(c) Dairy inspectors;
(d) Mine inspectors;
(e) Meat inspectors; and
(f) Medical officers on outpatient service.
Note to §102–5.80: The assignment of an employee to such a position does not, of itself, entitle an employee to receive daily home-to-work transportation.
§ 102-5.85 What information should our determination for field work include if positions are identified rather than named individuals?
If positions are identified rather than named individuals, your determination for field work should include sufficient information to satisfy an audit, if necessary. This information should include the job title, number, and operational level where the work is to be performed (e.g., five recruiter personnel or, positions at the Detroit Army Recruiting Battalion).
Note to §102–5.85: An agency head may elect to designate positions rather than individual names, especially in positions where rapid turnover occurs.
§ 102-5.90 Should an agency consider whether to base a Government passenger carrier at a Government facility near the employee's home or work rather than authorize the employee home-to-work transportation?
Yes, situations may arise where, for cost or other reasons, it is in the Government's interest to base a Government passenger carrier at a Government facility located near the employee's home or work rather than authorize the employee home-to-work transportation.
§ 102-5.95 Is the comfort and/or convenience of an employee considered sufficient justification to authorize home-to-work transportation?
No, the comfort and/or convenience of an employee is not considered sufficient justification to authorize home-to-work transportation.
§ 102-5.100 May we use home-to-work transportation for other than official purposes?
No, you may not use home-to-work transportation for other than official purposes. However, if your agency has prescribed rules for the incidental use of Government vehicles (as provided in 31 U.S.C. note), you may use the vehicle in accordance with those rules in connection with an existing home-to-work authorization.
§ 102-5.105 May others accompany an employee using home-to-work transportation?
Yes, an employee authorized home-to-work transportation may share space in a Government passenger carrier with other individuals, provided that the passenger carrier does not travel additional distances as a result and such sharing is consistent with his/her Federal agency's policy. When a Federal agency establishes its space sharing policy, the Federal agency should consider its potential liability for and to those individuals. Home-to-work transportation does not extend to the employee's spouse, other relatives, or friends unless they travel with the employee from the same point of departure to the same destination, and this use is consistent with the Federal agency's policy.
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