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B-278805 1 (1999-07-21)

handle is hein.gao/gaocrptajeg0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: United States International Trade Commission- Cultural Awareness File: B-278805 Date: July 21, 1999 DIGEST 1. Our decision at 60 Comp. Gen. 303 (1981) does not require that a program or event have a specific, advance written approval in a formal agency issuance to be a formal Equal Employment Opportunity program for which appropriated funds are available for artistic performances. It is sufficient that an authorized agency official determines that the artistic performance is part of a program or event that advances equal employment opportunity objectives. 2. An agency may reimburse a voluntary creditor who personally paid musicians for performing at a cultural awareness program if the ITC determines (1) that the underlying payment was authorized, (2) failure to act would have resulted in a disruption of relevant program activity, and (3) the transaction satisfied criteria for either ratification or quantum meruit, applied as if the musicians had not been paid. 3. The three year statute of limitation on our settlement of accountable officer accounts in 31 U.S.C. § 3526(c) (1994) does not bar paying a voluntary creditor's claim for reimbursement. The six-year statute of limitation on agency settlement of claims in 31 U.S.C. § 3702 (1994, Supp. III 1997) governs the claim. DECISION This decision is in response to separate requests from the Director, Office of Finance and Budget, and the Inspector General of the United States International Trade Commission (1TC) regarding the use of 1TC funds to pay musicians performing at a cultural awareness program. The 1TC officials essentially ask (1) whether 1TC funds were available for a musical performance at a cultural awareness program for Irish- American Heritage Month, (2) whether the ITC may reimburse the Director, Office of Equal Employment Opportunity, ITC, for personal funds paid to the musicians, and (3) whether reimbursement is now barred because more than three years have elapsed since the Director made the payments.

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