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B-194433 1 (1979-07-18)

handle is hein.gao/gaobadhkn0001 and id is 1 raw text is: TH~E COMPTROLLER GENERAL ~N ~~2')~OF THE UNITED STATES WAASHINGTON, [D.C. 20548 FILE: B-194433 DATE: July 13, 1979 MATTER OF: Nuclear Regulatory Commission -LLive Entertainment for National Black History Month DIGEST: Nuclear Regulatory Commission requested advance decision on payment for jazz ensemble that performed at EEO special emphasis program. Our decision B-191737, January 5, 1979. 58 Comp. Gen. 202, established rule that certain live artistic presentations associated with EEO programs would be considered as employee entertainment and not allowed, regardless of characterization by sponsoring agency. How- ever, that decision exempted expenditures prior to the decision from the rule. Because NRC had issued its pur- chase order prior to actual knowledge of cited decision payment may be made in this case. The Director, Division of Accounting, Office of the Controller, Nuclear Regulatory Commission (NRC), requested an advance decision on whether he may use appropriated funds to pay a voucher representing costs incurred by the NRC Office of Equal Employment Opportunity (EEO) for the services of a jazz ensemble that performed in an agency EEO program on Feb- ruary 15, 1979. During the second half of 1978, the NRC EEO Office began planning a program in observance of Black History Month. Representatives of that office discussed its plans with the legal staff of the NRC to determine whether it could use appropriated funds to hire a band to perform in the proposed program. The legal staff verbally advised the NRC EEO office in late November or December 1978 and in a written memorandum dated January 3, 1979, that it was of the opinion the anticipated expenditure was legally justified. Relying on the legal advice it received, NRC's EEO staff proceeded to organize a Black History Month program. On February 1, 1979, pursuant to that Office's request, the NRC's Division of Contracts issued a purchase order to procure the services of the jazz ensemble for the program. According to the Director of the Division of Accounts: On February 14, 1979, shortly after this purchase order was presented to the NRC's Division of Accounting for recording as an obligation of NRC's appropriated funds, the Division of Accounting received from GAO, pursuant to our request, copies of C. G. Decisions B-191737 dated January 5, 1979, (Attachment C) and B-193661 dated Jan- uary 19, 1979, (Attachment D). These opinions viewed the -1- DECJSIi Ji 61V 100- .3-9,1

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