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[Use of Smithsonian Appropriations to Pay Legal Fees]

B-241970.2 Jul 29, 1991
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Highlights

The Smithsonian Institution requested a decision regarding its authority to use appropriated funds to pay a private lawyer to defend a Department of the Interior employee against charges stemming from federal civil and criminal investigations. The Smithsonian's Inspector General advised that the employee's alleged activities were not within the scope of his employment. The Smithsonian used appropriated funds, rather than nonappropriated trust fund resources, to pay the legal fees. GAO held that the Smithsonian should not: (1) have used appropriated funds to pay the employee's legal fees; and (2) spend any additional federal funds unless the Attorney General determines that representing the employee is in the government's best interest. Accordingly, the Smithsonian should not use appropriated funds to pay the employee's legal fees.

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