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B-193661, JANUARY 19, 1979

B-193661 Jan 19, 1979
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION - RECEPTION FOR HISPANIC LEADERS: THIS IS IN RESPONSE TO A LETTER FROM A CERTIFYING OFFICER AT THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC). THE PURPOSE OF THE CONFERENCE WAS TO DISCUSS THE ROLE OF HISPANICS IN ASSISTING THE EEOC IN CARRYING OUT PROGRAMS UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. THE CHAIR OF THE COMMISSION HOSTED A RECEPTION WAS TO STIMULATE FURTHER DISCUSSION OF HISPANIC PROBLEMS IN AN INFORMAL SETTING. WE ARE UNABLE TO ALLOW THIS PAYMENT. AS WAS POINTED OUT IN THE LETTER FROM THE CERTIFYING OFFICER. THERE IS NO ENTERTAINMENT PROVISION IN EEOC'S APPROPRIATION ACT. THERE IS NOTHING IN THE ABOVE-QUOTED LANGUAGE THAT IN ANY WAY SUGGESTS AN INTENT TO AUTHORIZE THE PROVISION OF REFRESHMENTS TO COMMUNITY LEADERS AS AN EDUCATIONAL OR PROMOTIONAL EXPENSE.

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B-193661, JANUARY 19, 1979

DIGEST: FUNDS APPROPRIATED FOR EEOC MAY NOT BE USED FOR ENTERTAINING HISPANIC LEADERS AT RECEPTION FOLLOWING CONFERENCE. IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY, APPROPRIATED FUNDS MAY NOT BE USED FOR ENTERTAINMENT EXPENSES SUCH AS HOSTING A RECEPTION OR OTHERWISE PROVIDING SNACKS OR REFRESHMENTS.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION - RECEPTION FOR HISPANIC LEADERS:

THIS IS IN RESPONSE TO A LETTER FROM A CERTIFYING OFFICER AT THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC), REQUESTING OUR VIEWS ON THE PROPOSED USE OF APPROPRIATED FUNDS TO PAY THE EXPENSES OF A RECEPTION FOR HISPANIC LEADERS HELD AT THE INVITATION OF THE CHAIR OF THE COMMISSION IN CONJUNCTION WITH A PLANNING CONFERENCE.

ON SEPTEMBER 15, 1978, APPROXIMATELY FORTY HISPANIC LEADERS MET WITH EEOC OFFICIALS IN AN ALL DAY CONFERENCE AT THE EEOC. THE PURPOSE OF THE CONFERENCE WAS TO DISCUSS THE ROLE OF HISPANICS IN ASSISTING THE EEOC IN CARRYING OUT PROGRAMS UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, 42 U.S.C. 2000E (1976). THESE PROGRAMS WOULD BE DESIGNED TO ELIMINATE EMPLOYMENT DISCRIMINATION AGAINST HISPANICS. AT THE CONCLUSION OF THE CONFERENCE, THE CHAIR OF THE COMMISSION HOSTED A RECEPTION WAS TO STIMULATE FURTHER DISCUSSION OF HISPANIC PROBLEMS IN AN INFORMAL SETTING. THE EXPENSES AMOUNTED TO APPROXIMATELY $275 FOR FOOD ITEMS. WE ARE UNABLE TO ALLOW THIS PAYMENT.

AS WAS POINTED OUT IN THE LETTER FROM THE CERTIFYING OFFICER, THERE IS NO ENTERTAINMENT PROVISION IN EEOC'S APPROPRIATION ACT. SEE THE DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION ACT OF 1978, TITLE V OF WHICH APPLIES TO THE EEOC. PUB. L. NO. 95-86, 91 STAT. 419, 437 (1977). THE CERTIFYING OFFICER SUGGESTS, HOWEVER, THAT THE RECEPTION FOR THE HISPANIC LEADERS COULD BE CONSIDERED TO BE AN EDUCATIONAL OR PROMOTIONAL ACTIVITY)", AS AUTHORIZED BY SECTION 705(H) OF TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED.

SECTION 705(H) OF THE ACT (42 U.S.C. 2000EH) PROVIDES, IN ITS ENTIRETY:

"THE COMMISSION SHALL, IN ANY OF ITS EDUCATIONAL OR PROMOTIONAL ACTIVITIES, COOPERATE WITH OTHER DEPARTMENTS AND AGENCIES IN THE PERFORMANCE OF SUCH EDUCATIONAL AND PROMOTIONAL ACTIVITIES."

THERE IS NOTHING IN THE ABOVE-QUOTED LANGUAGE THAT IN ANY WAY SUGGESTS AN INTENT TO AUTHORIZE THE PROVISION OF REFRESHMENTS TO COMMUNITY LEADERS AS AN EDUCATIONAL OR PROMOTIONAL EXPENSE. MOREOVER, WE COULD FIND NOTHING IN ANY OF THE OTHER STATUTORY PROVISIONS WHICH SET FORTH THE POWERS AND DUTIES OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (42 U.S.C. 2000E-4 THROUGH 15) TO LEND SUPPORT TO EEOC'S CONTENTION THAT ITS AUTHORITY FOR THE CONDUCT OF EDUCATIONAL AND PROMOTIONAL ACTIVITIES IS BROAD ENOUGH TO ENCOMPASS THIS TYPE OF EXPENDITURE. (IN FACT, THE ONLY REFERENCE THERE IS TO "EDUCATIONAL AND PROMOTIONAL ACTIVITIES" IN THE COMMISSION'S AUTHORIZING LEGISLATION IS THE ABOVE-MENTIONED SECTION 705(H).)

OUR OFFICE HAS CONSISTENTLY HELD THAT FUNDS APPROPRIATED FOR GOVERNMENT DEPARTMENTS AND AGENCIES MAY NOT BE USED FOR ENTERTAINING INDIVIDUALS BY PROVIDING LUNCHEONS, DINNERS, REFRESHMENTS, ETC., EXCEPT WHEN SPECIFICALLY AUTHORIZED BY STATUTE AND ALSO AUTHORIZED OR APPROVED BY THE PROPER ADMINISTRATIVE OFFICERS. SEE 47 COMP.GEN. 657 (1968); 43 COMP.GEN. 305 (1963); 26 COMP.GEN. 281 (1946). THE EEOC RECEPTION AT ISSUE WOULD FALL WITHIN THE SCOPE OF THIS GENERAL RULE. THE RECEPTION, ALTHOUGH IN CONJUNCTION WITH AN AUTHORIZED CONFERENCE, CONSTITUTES ENTERTAINMENT.

THERE BEING NO SPECIFIC AUTHORIZATION FOR THE USE OF APPROPRIATED FUNDS TO PAY FOR THE SUBJECT RECEPTION, EEOC'S APPROPRIATIONS ARE NOT AVAILABLE TO PAY THIS $275 EXPENSE.

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