ICE Directive 1009.2, Directive: 1009.2 Home-to-Work Transportation (Cancelled)

This document was never fully implemented due to an error and was canceled 1 .S.. i i.4 . .(.; .. .. t' t r` : AM.) . 't °5 fit. NIS EN `() U '.°S ENT 1009.2: dome-to-Work Transportation Issue Date: 1't ffectwe Date: Superseded: "ederril I uterlti#isc 4rchitectatre Number 061-01 August 26, 201t1 August 26, 20111 1009.1 (formerly 1.16.1) 1. purposel13ack ground. This Directive establishes US. Immigration and customs Enforcement { CE.) policy and sets forth res onsibhties and reporting requirements concerning official use of Go ernment passt:rtf=,er c;arrierss. rn.

I uth up motor vehicles, between an employee's residence and place ol'employment. This transportation is referred to as "home-to-work`.. (1-1TW.) in this Directive. This term also includes work-to-home transportation.

This Directive applies to all ICE Program Offices with respect to the provision of tt:siftspcn ation to employ e s in nox.-tizal dut tnon v :1 i status. "I lt.is Directive do :c HI I, \ not apply to the use of <a t'gci 'err taaerrr passencer carrier in eonli3rat anre. with Title 41 Code 0 .1 decal Regulations t(. `.I R C'laaffter °t.): t1°ederal t ravel Rgptlation). or the of I•`ecl .:ral 'T'ravel ReLaulation lot official travel to perform tcniporar-\ ehny aA ignments otrt nde the emits c;~°'s conitnutiIng, area and at Wry i'him t designated or r : u it p1 c. of emplo rnent. 2.. Pol€c .

ICE employees may he authorized hors e-tti-work (l i'I ) use of <r Government. chicle. itheree fieldwork rk is pettbrmed on an intermittent circumstances warrant such authon.r.:rtio"n fti \V can he authorized only on those days v hen fieldwork is actually performed and assi*.ynmeat of a l IT\ ' vehicle is determined to be in the best interest of th Government. fieldtr`ur'k does not, in and of itself", authorize slue, crr plo) ..c to urse daily III \\ transportation. tent. The assiunment of an ICE employee to rmittent basis or when emeruencv 3. Definitions. 3.1.

Compelling operational considerations means those circumstances ,here HTW transportation is essential to the conduct of official business or would substantially increase the Department of I Ii inicland Secuurit s (DHS) eIfieicne Requests fbr H'1 NV transportation that fall within this category are not considered regular or recurring As such. HTW transportation determinations approved under thi s categctn.y ar 'ill he held to a minimum and e.1u4 J scrutinized the 3_ . Authorized :E mployees are those who comply with tlx.: authorities governing the use. of PIssen er Carriers and ,- enerate tog' to document ols s i:rl it under- this Hi Vi olic.s Home-to-Work Transportatkin REL0000021417 3.3. E rployee"s home (also known as residence) means the temporary or permanent domicile of the employee.

31.4. Government Passenger Carrier (hereafter °Passenger Carrier") is a passenger motor vehicle, aircraft, boat, ship, or other similar means of transportation that is owned o:r leased (including non-temporary duty rentals) by the Government, or has come into the possession of the Government by other means, 3.5, Hone-ter- Vorlr. (HTW) Transportation means transportation in a Government passenger carrier between residence and place of employment, w 3.6. 3.7.

3.8. ICE Headquarters Principal Staff are senior Headquarters officials who include the following: Director, Deputy Director, Chief of Staff, Executive Associate Directors, and Heads (Assistant Directors,Officers. or equivalent pos t r.4 asl who report Program directly to the Director, Deputl, Director, Chief of Siaff, or the Executive e Associate Director fir Management and Administration, ICE Fleet Manager is the .Headquarters official who manages ICE's fleet of Passenger Carriers. Place of employment or work includes anyplace within the accepted commuting area: where an. employee performs his/her official duties. iii addition to the regular wrorksite, other locations, such as sites of meetings or conferences, are included. 4.

Responsibilities. 4.1. The Director identifies employee position sition classifications that may qualify for HTW transportation and submits requests for determinations and rene4,v,1J1s according to the DHS Management Directive 0530.1. titl=ed_ "Fl.o mc. to ork (1-1 l'W) Transportation Controls." 4,2, ICE Headquarters Principal Staff ensure that authorizing officials comply with the l revisions of this policy and provide optimum protection against misuse and abuse of Passenger Carriers. They designate officials who may authorize individual employees to use 1-1TW transportation in accordance with this Directive, and make certain that appropriate officials comply with any reporting requirements front the ICE Fleet Manager or the ICE Office of Professional Responsibility.

4.3. Authorizing Officials, as designated by ICE Headquarters Principal Staff, approve I11W transportation. Authorizing officials maintain records that identify all requests for authoriaea1 employees and all logs gene aced by each anti orized employee. Authorizing officials also comply with any reporting Manager or the ICE Office of Professional.

Responsibility. requirements as requested by the ICE Fleet 4.4. The ICE Chief Financial Officer (CIO) will audit approvals for IHiTW on a fiscal year (FY) basis and report the results to the Ex.ecatt ve Associate Director (FAD) for Management and. Administration. Horne-to-Wcsrk "rrcansportatnkn REL0000021417 This document was never fully implemdnted due to an error and was canceled 5.

Requirements/Procedures. Si. The following categories of ICE employees can be considered for authorization to use Passenger Carriers between an employees residence and various locations when this transportation is essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or low enforcement duties. I) Position Classification - G +-181.1 —Criminal Investigators.

Strati e stigartors roust be available to :respond to various locations on a 24-hour basis to perform their duties. in addition, they must be able to respond with any necessary equipment. 2) Position Claasiticatio .i — GS-1.801 _, General Inspection, Investigation, and Compliance Series. These agents and officers conduct significant activities. nationwide dedicated to the en:forcenneiit.o.f immigration . and customs law. 3) Position Classification — GS-0.132 — Intelligence Research/Operaations.

Specialist, J.ntefl igence Officers (lOs) are generally Intelligence Rcsca.rch Specialists (lRSs) and not authorized regular and recurring HTW use of Passenger Carriers. T-lowever, there are duties, responsibilities, and operational considerations classified as fieldwork, which require IRSs and lOs to use Passenger Carriers for .HTW transportation. Managers or supervisors authorize HTW transportation based on employee duties, responsibilities, and operational considerations. Authorization is limited to a time period necessary to accomplish the spec itic need.

4) Position Classification — GS-OO O — Security Officer. . security Officers rs arc nut generally authorized regular and recurd g 1-1 1W use o: Passenger Carriers. However, there are duties, respoosihilities, and operational considerations classified as fieldwork., :.rr.t:ion. which require security off c.era to use l'assengrr Carriers Managers gers or supervisors authorize HTW transportation based on employee duties, responsibilities, and operational considerations. Authorization is limited to a time period necessary to accomplish the specific need. fort-1'I1~ r tray spor 5.2. Requesting Home-to-Work Transportation.

Requests for IIT WW transportation must be o.-TI'rtr k Use submitted in writing, using a completed Request and Aw/wri :cattwrr for I idin of Official iVehictes for , to an aauthorizing official designated in writing by ICE Headquarters Principal Staff. 5.3. Authorizing :Hoene-to-°Mork Transportation. A written request fort 11W transpor.ation must be reviewed by the authorizing Official to determine if sufficient ground., exist to authorize the employee use of Passenger Carriers for I-ITW transportation rased on the. authorities governing this Directive.

5.4. Timetable for and Duration of iit:horizaations. Fieldwork requests must not exceed. the authorized period of the f JTW Determination :flan signed by the Secretary. In addition, requests for renewal. must be submitted to the authorizing official prior to the expiration of the requests.

Home-lo-Work Tr:m.nsportaation REL0000021417 5.5. The authorizing official will maintain ar i Request rand Aurtl U;se of Ot1Ir sal 1%c.hicle.s F rms and fhru°arcl , copy n all requests and approvals to the ICE CFO for at) Annual Audit, For those forms that have been approved, the authorizing official will maintain the i has expired, or the authorized employee's employment with ICE ends, the authorizing official sends the approved forms to the ICE Fleet Manager. r-m, for as lonc as they are its effect. r- zaatioti, fbi- I.Iornne-to- Work 'hen the approval time. 5.6. The authorized employee maintains an ICE Hme-to-WWork.

Transportation Log and submits to the authorizing official. 6. Authorities/References.' 6.1. Department of Homeland Security (DH) Management Directive (,MD) 0530.1, .Home-To- Work (HTW) Transportation Controls.

6.2. Secretary Approved HTW Determination Plan. 6.3. 31 U.S.C. § 1344 (Passenger Carrier.- Use).

6.4. 4.1 C.F.R. Part :1.02-5. 6, 5. 26 LI.S.C. § 61 (Gross income defined); 5 U.S.C. 2105 (Employee.).

6.6. 26 U.S.C. § 132 (f) EiCertain fringe benefits), 6.7. 26 C.F.R. 1.61-21; 26 C.F.R. 1.112.5 26 C..F,R. 1.132-6; and 26 C.F.R. .R. 1-132-9. 7.

Attachments. 7.1. Request and Authorization f ' Home-to. -1Vork Use of Official Vehicles. 7.2.

Home-to-Work Translortation. Log, 8. No Private Right Statement. This Directive is an internal policy statement of ICE. .it i;s. not intended to, and does not create any rights, privileges, or benefits, substantive or procedural, enforceable by any party or other entities; its olFeers or einployees; contractors; or any other person. t Y, against the United States; its 1e1=aar lrrrc fats, agencies, Jo It i%ior'-ton Director U.S. Immigration and Customs Enforcement.

Supplewenial guidance retarding general fleet management responsibilities may be implemented utter issuance. . of this Directive. Home-to--Work 'rr utn REL0000021417