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Rental of Limousine To Take Witness to Administrative Hearing

B-194881 Dec 27, 1979
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Highlights

The Equal Employment Opportunity Commission (EEOC) requested a decision on whether the EEOC may use appropriated funds to pay for a limousine rented to transport a witness to an agency hearing. EEOC was conducting hearings at one of its regional offices. A United States Senator was to be a witness, and the office arranged for the rental of a chauffeured limousine to transport him from the airport to the hearing site, where it was to wait and then take the Senator back to the airport. Regulations prohibit an agency from using appropriated funds for any purpose except those for which the funds are appropriated. However, GAO has held that funds appropriated for a particular purpose are also available for other expenses which are necessary to execute that purpose. Therefore, the question was whether the rental of the limousine was a necessary expense of the agency. The EEOC has authority " to pay witnesses who are summoned before the Commission the same witness and mileage fees as are paid to witnesses in the courts of the United States. In this case, the agency chose to provide transportation for the witness, rather than to reimburse the witness for his expenses. In its fiscal year 1978 appropriation, which was involved in this case, EEOC expressed authority to expend funds for necessary expenses "including hire of passenger motor vehicles." Therefore, EEOC may provide transportation for a witness whose appearance it finds necessary at its proceedings. Accordingly, EEOC could authorize the invoice for payment.

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