Central Intelligence Agency--Use of Government Vehicle to

B-275365 Dec 17, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The determination that it is official may only be made by the head of an agency or someone to whom the authority to make the determination has been delegated. Must determine whether an official's unauthorized use of a government vehicle was "willful. The official's use must either be with actual knowledge that the use would be considered unauthorized or made in reckless disregard as to whether or not it was authorized. Are set forth below. The purpose of attending the funeral was to provide support to the coworker. That therefore use of the vehicle was authorized. Since the CIA official believed that attending the funeral was official business. He decided that it was not necessary for members of the group to take annual leave to attend the funeral. View Decision Matter of: Central Intelligence Agency--Use of Government Vehicle to Attend Funeral of Employee's Child File: B-275365 Date: December 17, 1996 Although there may be instances in which attending the funeral of the child of a coworker may be official business, the determination that it is official may only be made by the head of an agency or someone to whom the authority to make the determination has been delegated. Therefore, a Central Intelligence Agency official who made the decision to attend a funeral without seeking official approval had no authority to use a government vehicle to attend the funeral. The Central Intelligence Agency, rather than this Office, must determine whether an official's unauthorized use of a government vehicle was "willful," and thus carries a minimum 30-day suspension from duty under 31 U.S.C. Sec. 1349. To be willful, the official's use must either be with actual knowledge that the use would be considered unauthorized or made in reckless disregard as to whether or not it was authorized. DECISION The Inspector General of the Central Intelligence Agency (CIA) has asked several questions that arose when a CIA officer used a government vehicle to attend the funeral of the child of a coworker. The Inspector General's specific questions, and our answers, are set forth below. BACKGROUND An official of the CIA, assigned to another government component, used a government vehicle to transport himself, his deputy, and two secretaries to the funeral of the son of a colleague. The purpose of attending the funeral was to provide support to the coworker. The official used the vehicle to provide round-trip transportation from Washington, D.C., to a city one hundred miles distant. The group departed the office about 10:00 a.m. and returned about 5:00 p.m. The CIA official stated that he believed that his attendance at the funeral constituted official business, and that therefore use of the vehicle was authorized. He said that he viewed attendance as a "quality of life" issue and that he wanted to send a message that he cared for his people. The official sought no prior authorization or guidance concerning the use of the government vehicle to attend the funeral. Further, since the CIA official believed that attending the funeral was official business, he decided that it was not necessary for members of the group to take annual leave to attend the funeral. The head of the federal component to which the CIA official is assigned is reported to have indicated subsequently that, had he been asked, he would have authorized the official to attend the funeral and to use the government vehicle. On the other hand, the head of the official's home component at CIA subsequently counseled the official in writing that this use of a government vehicle was improper. The CIA official is the immediate successor to an individual who was removed from the same position in the summer of 1995, 3 months before the use in question, and suspended without pay for 30 days, for having misused a government vehicle for home-to-work transportation. The CIA official was aware of his predecessor's vehicle misuse and the disciplinary proceedings brought against the predecessor. Further, about 11 months prior to the use in question another CIA employee was disciplined for misuse of a government vehicle. CIA publicized the misuse throughout the agency, warning CIA employees that use of a government vehicle for personal use was prohibited and that there were severe penalties for the violation of the prohibition. The CIA has internal regulations and notices dealing with the use of government vehicles. One specifies that use of a government vehicle for official purposes is the sole justification for its use, and warns that severe penalties may be imposed for willful misuse of a government vehicle. The definition of official purposes under the regulation includes use of the vehicle to carry out the authorized mission of CIA, to render assistance in emergency situations, and for home-to-work transportation under narrowly defined conditions.