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B-194881 1 (1979-12-27)

handle is hein.gao/gaobadhvi0001 and id is 1 raw text is: 

DECISION


FIE:   B-1  881

MATTER OF: Rental of Limousine
               trative Hearing!


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      I


D   TE: DEC 2 7 1979

to  ake Witn ss to Adminis-


DIGEST:        Agency with express authority to expend appropri-
               ation for hire of passenger motor vehicles may
               rent chauffeured limousine to transport witness
               from airport to hearing and back, although other
               means of transport may have been less costly.
               Statute which authorizes agencyto pay witnesses
               whom it summons the same witn[ss and mileage fees
               as are paid to witnesses in the courts of the
               United States, does not preclude providing trans-
               portation by means other than reimbursing witness..

     The Director, Budget and Finance, Equal Employment Oppor-
 tunity Commission (EEOC), requests a decision on whether the
 EEOC may use appropriated funds to pay for a limousine rented to
 transport a witness to an agency hearing. Although the matter
 was submitted in the posture of- a claim by the contrac-t6r, this
 is essentially a request for an advance decision-ornChether the
 contractor's invoice can properly be paid. Our opinion is that
 the EEOC may make payment.

      The EEOC was conducting hearings at one of its regional
 offices. A United States Senator was to be a witness. The Office
 of Policy Implementation of the EEOC arranged for the rental of
 a chauffeured limousine from Academy Limousine, Inc., to trans-
 port the Senator from the airport to the hearing site, where it
 was to wait and then take the Senator back to the airport. -Aca-
 demy Limousine, Inc., has billed the EEOC in the amount of $1' 7.50
 for the rental of the limousine, including toll charges-, and a
 gratuity, presumably paid to the chauffeur

      Section 628 of title 31, United States Code (1976), p:ohibits
 an agency from using appropriated funds for any purpose except
 those for which the funds are appropriated. We have held, however,
 that funds appropriated for a particular purpose are also avail-
 able for other expenses which are necessary to execute that purpose.
 50 Comp. Gen. 534 (1971); see also 56 Comp. Gen. 111 (1976). The
 question, therefore, becomes whether the rental of a limousine
 was a necessary expense of the agency.


THE  COMPTROLLER GENERAL
OF   THE UNITED STATES
WASHINGTON. D.C. 20548

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