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![handle is hein.gao/gaobadhtc0001 and id is 1 raw text is:
I
bECISION
FILE: B-195073
MATTER
DIGEST:
THE COMPTROLLER GENERAL
. OF THE UNITED STATES
WASHINGTON, O.C. 20548
DATE: November 21, 1979
jq~
OF: Federal Bureau of Investigation - authority of X
employees to accompany drive authorized to
commute in Government vehicle
31 U.S.C. § 638a(c)(2) would not e violated if employees
of the Federal Bureau of Investigation accompanied driver
between his home and place of employment in Government
vehicle which he is authorized to take home so FBI can
maintain an emergency response capability, provided
agency makes determination that interest of Government
would be furthered.
Our opinion was requested by the Assistant Director, Administrative
Services Division, Federal Bureau of Investigation (FBI) on whether
the FBI could permit employees to accompany the driver of a Govern-
ment vehicle, authorized to be driven between the driver's home and
place of employment, in view of the statutory prohibitions in 31
U.S.C. § 638a(c)(2). We hold that this practice, appropriately
restricted, would not contravene the cited section.
The submission states that under present FBI policy, a limited
number of FBI vehicles are driven between an employee's home and
work place on a routine basis to enable the FBI to maintain an
emergency response capability necessitated by the nature of its
work. The Assistant Director feels that this use of Government
vehicles is permitted by the exception in 31 U.S.C. § 638a(c)(2),
which reads in pertinent part:
[(c) Unless otherwise specifically provided,
no appropriation available for any department shall
be expended--]
[(2) for the maintenance, operation, and repair
of any Government-owned passenger motor vehicle or
aircraft not used exclusively for official purposes;
and 'official purposes' shall not include the trans-
portation of officers and employees between their
domiciles and places of employment, except in cases
of medical officers on out-patient medical service
and except in cases of officers and employees engaged
in field work the character of whose duties makes
such transportation necessary and then only as to
such latter cases when the same is approved by the
head of the department concerned.] Emphasis added.
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