[Request for Advance Decision on Legality of Interior Equipment Purchase]

An advance decision was requested on the legality of purchasing down-filled parkas for use by Department of the Interior, Office of Surface Mining (OSM), employees in Alaska and Western mountain regions when conducting mine inspections and responding to emergencies during the winter. The employees' regular duty stations are located in warmer areas; therefore, their normal clothing would not meet the requirements for work under extreme cold. In addition, the parkas would be labeled Government property, centrally controlled, and issued to employees only for job requirements. Most items of wearing apparel are considered to be an employee's personal responsibility; however, there are exceptions. While the allowance for uniforms would not be applicable in this situation, the Occupational Safety and Health Act states that protective clothing and equipment may be furnished by the Government if the head of an agency determines that the items are necessary. Since the parkas were administratively determined to be necessary under an OSM directive, GAO concluded that appropriated funds could be used for their purchase. In addition, the Administrative Expenses Act provides appropriations for items that are essential to the safe and successful accomplishment of work under hazardous conditions. GAO found that the proposed procurement met these standards. Accordingly, appropriated funds could be expended for the procurement, with the understanding that the parkas would be the property of the Government and would be issued to OSM employees for use during working hours only.