---
kind: "section"
citation: "10 U.S.C. § 6356"
title: "10"
title_heading: "Armed Forces"
number: "6356"
heading: "Authority to use passenger carriers for contractor commuting"
release: "119-102"
url: "https://uscodex.org/usc/10/6356"
units:
  - "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. Authority to use passenger carriers for contractor commuting

- (a) **Authority.—** If and to the extent that the [Administrator](/usc/10/6101.md?p=2) deems it appropriate to further mission activities under section 3211 of the National Nuclear Security Administration Act ([50 U.S.C. 2401](/usc/50/2401.md)), a [passenger carrier](#e-4) may be used to provide transportation services to [contractor employees](#e-1) between the [covered facility](#e-2) of the [contractor employee](#e-1) and a mass transit [facility](/usc/10/227.md?p=b-2) in accordance with any applicable transportation plan adopted by the [Administrator](/usc/10/6101.md?p=2) pursuant to this section.
- (b) **Plan Requests and Approval.—**
  - (1) The [Administrator](/usc/10/6101.md?p=2)—
    - (A) shall—
      - (i) provide [Management and Operating contractors](#e-3) at [covered facilities](#e-2) the opportunity to, on a voluntary basis, submit, through the cognizant contracting [officer](/usc/10/101.md?p=b-1) of the applicable [covered facility](#e-2), a plan to provide transportation services described in [subsection (a)](#a) for [contractor employees](#e-1) at the [covered facility](#e-2); and
      - (ii) review each such plan submitted in accordance with [clause (i)](#b-1-A-i); and
    - (B) may approve each such plan if the requirements described in [clauses (i) through (iv)](#b-2-B-i..b-2-B-iv) of paragraph (2)(B) are satisfied.
  - (2) Each plan submitted pursuant to [paragraph (1)(A)](#b-1-A)—
    - (A) may include proposals for parking [facilities](/usc/10/227.md?p=b-2), road improvements, real property acquisition, [passenger carrier](#e-4) services, and commuting cost deferment payments to [contractor employees](#e-1); and
    - (B) shall include—
      - (i) a description of how the use of [passenger carriers](#e-4) will facilitate the mission of the [covered facility](#e-2);
      - (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](#e-1).
  - (3) The [Administrator](/usc/10/6101.md?p=2) may delegate to the Senior Procurement Executive of the [Administration](/usc/10/6101.md?p=1) the approval of any plan submitted under this subsection.
- (c) **Reimbursement.—** The [Administration](/usc/10/6101.md?p=1) may reimburse a [contractor](/usc/10/9511.md?p=7) for the costs of transportation services incurred pursuant to a plan approved under [subsection (b)](#b) using [funds](/usc/10/2871.md?p=6) appropriated to the [Administration](/usc/10/6101.md?p=1).
- (d) **Implementation.—** In carrying out a plan approved under [subsection (b)](#b), the [Administrator](/usc/10/6101.md?p=2), to the maximum extent practicable and consistent with sound [budget](/usc/10/236.md?p=c-1) policy, shall—
  - (1) require the use of alternative fuel vehicles to provide transportation services;
  - (2) ensure [funds](/usc/10/2871.md?p=6) spent for this plan further the mission activities of the [Administration](/usc/10/6101.md?p=1) under section 3211 of the National Nuclear Security Administration Act ([50 U.S.C. 2401](/usc/50/2401.md)); and
  - (3) ensure that the time during which a [contractor employee](#e-1) uses transportation services shall not be included for purposes of calculating the hours of work for such [contractor employee](#e-1).
- (e) **Definitions.—** In this section:
  - (1) The term “contractor employee” means an employee of a [Management and Operating contractor](#e-3) or subcontractor employee at any tier.
  - (2) The term “covered facility” means any [facility](/usc/10/227.md?p=b-2) of the [Administration](/usc/10/6101.md?p=1) that directly supports the mission of the [Administration](/usc/10/6101.md?p=1) under section 3211 of the National Nuclear Security Administration Act ([50 U.S.C. 2401](/usc/50/2401.md)).
  - (3) The term “Management and Operating contractor” means a management and operating contractor that manages a [covered facility](#e-2).
  - (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](/usc/10/9511.md?p=7) of the [Administration](/usc/10/6101.md?p=1).

## Source credit

(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(B), Dec. 18, 2025, 139 Stat. 1456, 1462.)

## Notes

### 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.