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B-210555 1 (1983-06-03)

handle is hein.gao/gaobadlcu0001 and id is 1 raw text is: TH. CMPTROLLER GENERAL '- / DECISIDN O .VY ;dH ). OF THE UNITED BTATEB/A494i-A o V WASHINGTON,.0. C. 20548 FILE: B-210555 DATE: June 3, 1983 MATTER OF: Use of Government vehicles for transportation between home apd work. DIGEST: 1. GAO disagrees with the legal determi- nations of officials of the Departments of State and Defense that it is proper under 31 U.S.C. S 1344(b) for agency officials and employees (other than the Secretaries of those departments, the Secretaries of the Army, Navy, and Air Force, and those persons who have been properly appointed or have properly succeeded to be heads of Foreign Service posts) to receive transportation between their home and places of employment using Government vehicles and drivers. GAO construes 31 U.S.C. § 1344(b) to generally prohibit the provision of such transportation to agency officials and employees unless there is specific statutory authority to do so. 2. GAO disagrees with the Legal Advisor of the Department of State and the General Counsel of the Defense Department who have interpreted the phrase heads of executive departments, contained in 31 U.S.C. S 1344(b)(2), to be synonymous with the phrase principal officers of executive departments. Congress has statutorily defined the heads of the executive departments referred to in 31 U.S.C. § 1344(b)(2) (including the Departments of State and Defense) to be the Secretaries of those departments. 3. GAO disagrees with the State Depart- - ment's Legal Advisor and the General Counsel of the Defense Department who have construed the phrase principal diplomat'c and consular officials, contained in 31 U.S.C. § 1344(b)(3), to

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