[Decision Concerning DOE Use of Appropriated Funds to Purchase Running Shoes for Nuclear Materials Couriers]

The Department of Energy (DOE) requested an advance decision regarding its legal authority to use appropriated funds to purchase running shoes for nuclear materials couriers. DOE advised that the running shoes would help to reduce the number of lost workdays due to injuries the couriers sustained during required running activities and tests. GAO held that the couriers could reasonably be expected to provide the running shoes, which were primarily for their benefit during personal training programs. Accordingly, DOE could not use its appropriated funds to purchase running shoes for the couriers.