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[Interpretation of Exemptions in 31 U.S.C. 1344(b)]

B-210555 Jun 03, 1983
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Highlights

Pursuant to a congressional request, GAO reviewed a Department of State legal memorandum and a Department of Defense legal opinion which interpreted as proper certain exemptions from the statutory prohibitions against using appropriated funds to transport Government officials between their homes and places of employment. Relying on these interpretations, the State Department expanded its internal list of officials for whom such transportation was authorized. GAO believes that the determinations of the State and the Defense Departments are not in accordance with the law. GAO concluded that, with certain exceptions stated in the decision, it is improper for agency officials and employees other than Secretaries of agencies and those persons who have been properly appointed to head foreign service posts to receive transportation between their homes and places of employment using Government vehicles and drivers. GAO construes statutory law to generally prohibit the provision of such transportation to agency officials and employees unless there is specific statutory authority to do so. GAO recognizes that the use of Government-owned or leased vehicles by high ranking officials for such transportation has been a common practice for years in Federal agencies. GAO also believes that the apparent acquiescence by Congress, which regularly appropriates funds for vehicles without imposing limits on the discretion of the agencies in determining what uses constitute official business, has contributed to the present interpretations by using overly broad language which implied exceptions to the statutory prohibition which were not within the intent of the law. For these reasons, GAO does not think that it is appropriate to seek recovery from any officials who have benefited from home-to-work transportation to date and that its interpretation of the law is intended to apply prospectively only.

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