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B-191737 1 (1979-01-05)

handle is hein.gao/gaobadgub0001 and id is 1 raw text is: 

                        STHE   COMPTROLLER GENERAL
DECISION .               . OF  THE UNITED STATES g
                           WASHINGTON, 0 0. 20548


FILE:  B-191737


MATTER


DIGEST:


DATE:  January 5, 1979


OF:  Bureau of Mines - ive Entertainment for National
    Hispanic Heritage Week  AN     )L1N A1v+ho rZeb

l.  The Spanish-Speaking Program was established as a
component  of the Federal Equal Employment Opportunity
Program  by presidential proclamation on November 5, 1970.]
Under  42 U.S.C. § 2000e-16(b), the Civil Service Commis-
sion promulgated Federal Personnel Manual letter 713-18,
January 23, 1973, making the Spanish-Speaking program
a special emphasis area within the FederalE
Accordingly, the Bureau of Mines, .1i.n the Department  c
of Interior, is authorized to institute a Spanish-Speaking
EEO  prog'am.

2.  In the absence of specific authority in statute or regula-
tions, appropriated funds may not be expended to procure
entertainment for Federal employees. Hence agencies
without specific authority may not procure entertainment
such as live ethnic music and artistic presentations, char-
acterize it as training and present it in connection with
EEO  programs.  We  will not question past agency charac-
terizations of EEO program entertainment as training;
however, all future entertainment expenses whether or not
in connection with EEO programs will not be allowed.

3.  Department of Interior questions the legality of appro-
priated fund expenditure by Bureau of Mines, a subordinate
agency,  where EEO  officer, who lacked delegated procure-.
ment authority, procured services of contractors and payment
was eventually made for services rendered. Agreements
violated the prohibition against the provision of entertainment
from appropriated funds and included payments for premiums
on insurance coverage of art objects exhibited incident to
National Hispanic Heritage Week, contrary to the longstand-
ing policy of Government to assume its own risks of loss and
not to purchase commercial insurance. The employee has
been advised of the limits of his authority. In view of the'
special facts and circumstances involved, we believe no
useful purpose will be served by taking exceptions to
these payments.






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