U.S. DEPARTMENT OF AGRICULTURE

WASHINGTON, D.C. 20250

DEPARTMENTAL REGULATION		Number: DR 5400-5
SUBJECT: Use of Government Vehicle for Home-to-Work	DATE: January 22, 1996
	OPI: Office of Operations

1 PURPOSE AND SCOPE
 
 This regulation establishes, as required by Pub. L. No. 99-
 550, (31 U.S.C. 1344) and Federal Property Management
 Regulation Amendment A-42, the Secretary's policy,
 procedures and approvals for the use of Government vehicles
 for home-to-work transportation. This regulation applies
 only 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 regulation does
 not apply to the use of Government vehicles when:
 
 a used in conjunction with official travel to perform
 temporary duty assignments away from a designated or
 regular place of employment, or
 
 b the employee's residence is his/her official duty
 station and a record is on file showing the
 supervisor's approval.
 
 The regulation is effective upon issuance.
 
2 CANCELLATION
 
 This regulation supersedes Departmental Regulation 5400-5,
 dated February 9, 1990 and Amendment 1, dated August 4,
 1993. 
 
3 POLICY
 
 An employee is allowed to use a Government provided vehicle
 for transportation to and from work only when that use is
 consistent with this regulation or has been approved in
 advance by the Secretary. All instances of home-to work
 transportation must be documented fully with necessary
 reports, logs, or records of such use. Form AD-728, Request
 and Authorization for Home-to-Work Transportation, is to be
 used for this purpose.
 
 Employees who use vehicles for home-to-work transportation
 may be subject to fringe benefit withholdings as explained
 in Departmental Regulation 2600-1.
 
 The use of Government vehicles between an employee's
 residence and his/her place of employment shall be limited
 to:
 
 a The Secretary.
 
 b Employees engaged in field work, as defined in Section
 3. The Secretary has determined that the job series
 listed in Appendix A are authorized home-to-work
 transportation when actually performing field work and
 then only to the extent that such transportation will
 substantially increase the efficiency and economy of
 the Government. If circumstances require that field
 work only be performed on an intermittent basis, the
 agency must establish procedures to ensure that the
 Government vehicle is used only when field work is
 being performed.
 
 c Other employees, when use is in response to a highly
 unusual circumstance which presents a clear and present
 danger, when emergencies exist, or when other
 compelling operational considerations make such
 transportation essential to the conduct of official
 business.
 
 d Employees engaged in criminal law enforcement and
 protective service duties when the use is essential for
 the safe and effective performance of those duties.
 
4 DEFINITIONS
 
 a Government Vehicles. Any 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
 possession or control of the Government by other means,
 such as forfeiture or donation.
 
 b Residence. The primary place where an employee resides
 and from which the employee commutes to his/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.
 
 c Place of Employment. 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.
 
 d Field Work. 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 vehicle for home-to-work transportation.
 
 Examples of employees involved in field work include,
 but are not limited to, meat inspectors, and certain
 law enforcement officers, whose jobs require travel to
 several locations during the course of the work day. 
 The field work exception may not be used (1) when the
 employee's workday begins at his or her official
 Government duty station, or (2) when the employee
 normally commutes to a fixed location no matter how far
 removed from his or her official duty station; i.e.,
 Plant Protection and Quarantine Officers assigned to
 airports since these employees are not performing field
 work.
 
 e Criminal Law Enforcement. Official work related to the
 enforcement of Federal criminal laws by a law
 enforcement officer. A law enforcement officer is an
 employee whose primary duties are the investigation,
 apprehension, or detention of individuals suspected or
 convicted of offenses against the criminal laws of the
 United States.
 
 f Protective Services. Official work providing
 authorized personal security to Department officials.
 
 g Clear and Present Danger. 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 real, not imagined, and is
 immediate or imminent, not merely potential, and (2) a
 showing is made that the use of a Government vehicle
 would provide protection not otherwise available.
 
 h Emergency. 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
 is a major disruption of available means of
 transportation to or from a work site, and essential
 Government service must be provided, and there is no
 other way to transport an employee.
 
 i Compelling Operational Consideration. 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 threatening situations.
 
5 RESPONSIBILITIES
 
 a Agency Heads will:
 
 (1) Designate officials to sign Form AD-728 when (1) a
 request for home-to-work transportation must be
 forwarded to the Secretary for approval, (2) it is
 being used to document the use of a Government
  vehicle under the field work definition, or (3) it
 is being used to document the use of Government
 vehicles for employees whose residences are
 designated as their duty station.
 
 (2) Ensure that requests are justified and are
 submitted for the Secretary's approval for home-
 to-work transportation only when such use will
 substantially increase the efficiency and economy
 of the Government. The comfort and convenience of
 an employee shall not be considered as
 justification for such authorizations.
 
 Agencies may have situations where it is more cost
 effective to the Government to provide an employee
 a Government vehicle for home-to-work use rather
 than have the employee travel long distances to
 pick up a vehicle then drive back towards or
 beyond his/her residence to perform his/her job. 
 In these situations, if practicable, agencies
 should consider basing the vehicle at a Government
 facility located near the employee's job site. If
 such a solution is not feasible, the agency must
 decide if the use of the vehicle qualifies under
 the compelling operational considerations as
 defined in this regulation.
 
 (3) Ensure that the appropriate records, logs, and
 reports are maintained to substantiate the
 necessity for an employee's authorization to use
 home-to-work transportation.
 
 (4) Ensure that all field work determinations for use
 of home-to-work transportation including job
 series listed in Appendix A must be recertified
 by the Secretary every two years.
 
 b Office of Operations (OO) will:
 
 (1) Coordinate requests for the Secretary's approval
 for home-to-work transportation described in
 Section 2c;
 
 (2) Ensure that requests are adequately justified;
 
 (3) Return a signed copy of each approved
 authorization to the requesting agency; 
 
 (4) Submit copies of approved requests to the
 Committee on Governmental Affairs, United States
 Senate, and Committee on Government Operations,
 United States House of Representatives, no later
 than 30 days after approval, and
 
 (5) Obtain the Secretary's approval for updates as
 necessary to the job series listed in Appendix A
 and recertification of the entire listing at least
  every two years.
 
6 PROCEDURES FOR REQUESTING APPROVAL BY THE SECRETARY
 
 a Should agencies find that employees in other
 occupational series need to be included in Appendix A
 because they involve field work, requests must be
 forwarded to the Personal Property Management Division,
 OO. OO will forward the request for approval to the
 Office of the Secretary. Such requests should include
 the type of work performed and circumstances requiring
 use between an employee's residence and assigned work
 station.
 
 b The requesting agency must submit an original and three
 copies of Form AD-728 to the Personal Property
 Management Division, OO, for each individual request
 for home-to-work transportation in unusual
 circumstances that present a clear and present danger,
 an emergency, or a compelling operational
 consideration. These requests must be submitted and
 approved in advance of the use of the Government
 vehicle. The agency head or designee must approve
 requests before submission to OO. The initial duration
 of a determination of use shall not exceed 15 calendar
 days. Should circumstances justify that the home-to-
 work transportation continue beyond the 15-day period,
 the Secretary may approve a subsequent request for a
 duration of 90 calendar days. At the end of the 90-day
 period, the Secretary may authorize an additional
 extension of 90 calendar days and continue this process
 as long as circumstances justifying home-to-work
 transportation continue to exist.
 
 Requests should be handled in the most expedient manner
 possible (i.e., overnight mail, hand delivery,
 telecopier, electronic mail, or other means) to
 expedite submission to the Secretary for approval. In
 cases where it is physically impossible to secure the
 prior approval of the Secretary, an 
 agency official may authorize short-term use of
 vehicles for home-to-work transportation if the
 circumstances meet one of the situations listed in
 Appendix B, Contingency Determinations. However, the
 request must still be submitted for post-approval by
 the Secretary.
 
7 RECORDS AND REPORTS
 
 Each agency will maintain logs or other records necessary to
 establish that any home-to- work transportation was
 performed for official purposes. Logs or other records must
 be easily accessible for audit purposes. These logs or
 records should contain, at a minimum, the following
 information:
 
 a Name and title of the employee (or other
 identification, if name is confidential) using the
 Government vehicles;
 
 b Name and title of the person who authorized the use;
 
 c Identification of the Government vehicle;
 
 d Date;
 
 e Location;
 
 f Duration of home-to-work transportation; and
 
 g Circumstances requiring the home-to-work
 transportation.
 
 Departmental Form AD-728 contains the above information and
 must be used to request individual approval by the
 Secretary. Agencies may also use it for the documentation
 required for other home-to-work transportation. Form AD-728
 is available from the Consolidated Forms and Publications
 Distribution Center, Landover, Maryland.
 
Signed by:
 
DAN GLICKMAN
 
END
 

For Appendix A, B, and C, please refer to the pdf copy of this directive.