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B-243674,B-243677 1 (1991-05-13)

handle is hein.gao/gaobadnwm0001 and id is 1 raw text is: 



of th Unke4 Bt
         WSIUVS, D.c.304
         Decision



         Matter of: Use of Appropriated Funds to Finance Sale of
                     Discounted Transit Passes to Federal Employees
         Fits:       B-243677; B-243674

         Date:       May 13, 1991
         DIGEST
         Under section 629 of Public Law 101-509, 104 Stat. 1478
         (1990), agencies are authorized to use appropriateid'unds to
         participate in state and local programs that encourage the use
         of public transportation, including programs that involve the
         sale of discounted transit passes.
         DECISION

         Thi sespondsto inquiries .from the General Counsel, General
         Services Administratibn, and the Comptr6ollerrf: Drug
         Enforcement kdministration 'DEA)t as to fwthether federal
         agen6ies may use appripriate'd n' nds to vja'rti-ipite in etate
         and~1ocai,'programs that eicor    the ,useofspublic
         transportation.- DEA is intere'sted,,_ ,specifically, ini
         participating in a    gram adopted byCtE   ityof Los Angeles
         in whidh the agenc4'wouid pay\\ar$5monthlyitransit:.subsidy to
         employees who use public transportatiohffor tcommut ind, to 
         and/or from work. 'See'ts Angeies.Traisit- SubsidyP' Ordinance
         No. 164,.483, codified at'Los Angeles  Mdhicipl1 Code Section
         85. 05 -.jUnder this progiam, DEX~wouldfkurchase ntras.it.passes
         and-either (1) resell themn to DEA employees at  a $'15 per month
         dis6ouht, or (2).give the&. to eniployees free o charge, up to
         a,maximum of $15per employee per month. We 6onclude+ that
         section 629 of Public Law 101-509 , 104 Stat. 1478 (1990),
         authoiizds federal ager.,' .s to use their appropriated funds to
         participate in state an local puiblic transportation programs,
         including programs such as the one in Los Angeles that involve
         the sale of discounted transit passes that reduce employees'
         commuting costs.l/
         As a general rule, agencies do not \have authority to
         subsidize employees' costs of commu'-ing to and from work. See
         generally 43 Comp. Gen. 131 (1963); 27 Comp. Gen. 1 (1947).
         Commuting is a per.9onal expense, the payment of which would

         1/ We express no opinion with regard to the assertion of the
         aity of Los Angeles that 42 U.S.C. S 7418 requires federal
         agencies to comply with the City's Transit Subsidy Ordinance.

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