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B-193644 1 (1979-07-02)

handle is hein.gao/gaobadhjc0001 and id is 1 raw text is: DECISION FILE: THE COMPTROLLER GENERAL ~K2A1).OF THE UNITED STATES WJASHINGTON, 0. C. 20548 IT B-193644 DATE: July 2, 1979 MATTER DIGEST: OF: Mine Safety and Health Administration -kayment of Travel Expenses at Seminarsy Use of appropriated funds by Mine Safety and Health Administration (MSHA) to pay travel and subsistence expenses of miners and mine operators attending safety and health training seminars is prohibited by 31 U. S. C. § 551, in the absence of specific authority. MSHA has no such authority either in its organic legislation or in its appropriations language. Also, 5 U.S. C. § 5703 does not provide the necessary authority since it author- izes payment of travel expenses of non-Government employees only where they are providing a direct ser- vice to the Government. The Assistant Secretary for Mine Safety and Health, Department of Labor, requested a decision on whether the Mine Safety and Health Administration (MSHA) has authority to expend appropriated funds to pay the travel and subsistence expenses of non-Government employees to attend mine safety and health training seminars con- ducted by MSHA. For the reasons that follow, we conclude that the expenditures are not authorized. MSHA holds its safety and health training seminars pursuant to authority contained in section 502 of the Federal Coal Mine Health and Safety Act of 1969 (Coal Act), as amended by the Federal Mine Safety and Health Amendments Act of 1977, Pub. L. No. 95-164, November 9, 1977. Section 502 provides in part as follows: (a) The Secretary shall expand programs for the education and training of operators and agents thereof, and miners in-- (1) the recognition, avoidance, and prevention of accidents or unsafe or unhealthful working condi- tions in coal or other mines; and (2) in the use of flame safety lamps, permissible methane detectors, and other means approved by the Secretary for detecting methane and other explosive gases accurately. 2I~975 __ /O;~

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