Principles of Federal Appropriations Law - US Government ...

Chapter 4
Availability of Appropriations: Purpose
5 U.S.C. § 7903. The latter statute authorizes the furnishing of covered
items in kind only. 46 Comp. Gen. 170 (1966).
The third piece of legislation that may permit the purchase of items of
apparel from appropriated funds is the Occupational Safety and Health Act
of 1970 (OSHA). Section 19 of OSHA, 29 U.S.C. § 668, requires each federal
agency to establish an occupational safety and health program and to
acquire necessary safety and protective equipment. Thus, protective
clothing may be furnished by the government if the agency head
determines that it is necessary under OSHA and its implementing
regulations.
Under the OSHA authority, the following items have been held permissible:
Snowmobile suits, mittens, boots, and crash helmets for Department of
Agriculture employees required to operate snowmobiles over rough
and remote terrain. 51 Comp. Gen. 446 (1972). (This decision has
already been noted in the discussion of 5 U.S.C. § 7903 above. The
decision held that the items were justifiable on either basis.)
Down-filled parkas for Interior Department employees temporarily
assigned to Alaska or the high country of the western states during the
winter months. 63 Comp. Gen. 245 (1984). (This decision is also noted
under 5 U.S.C. § 7903. As with 51 Comp. Gen. 446, the items could be
justified under either statute.)
Protective footwear for Drug Enforcement Administration agents
assigned to temporary duty in jungle environments. The footwear
remains the property of the United States and must be disposed of in
accordance with the Federal Property Management Regulations.
B-187507, Dec. 23, 1976.
Cooler coats and gloves for Department of Agriculture meat grader
employees. 57 Comp. Gen. 379 (1978).
Ski boots for Forest Service snow rangers, where determined to be
necessary protective equipment in a job-hazard analysis. B-191594,
Dec. 20, 1978.
Steel-toe safety shoes for an Internal Revenue Service supply clerk
whose work includes moving heavy objects. 67 Comp. Gen. 104 (1987).
This item also could have been justified under 5 U.S.C. § 7903. Id.
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