B-202278, JAN 18, 1985
Highlights
THAT CERTAIN SERVICES PROVIDED BY THE DEPARTMENT OF DEFENSE IN SUPPORT OF THE 1981 PRESIDENTIAL INAUGURATION WERE NOT LEGALLY AUTHORIZED. TO WHOM THE EARLIER OPINION WAS ALSO ADDRESSED. A GAO POST-AUDIT OF EXPENDITURES FOR THE 1985 INAUGURATION IS NOW SCHEDULED TO PROVIDE A FACTUAL BASIS FOR CONGRESSIONAL CONSIDERATION OF THE NEEDS AND THE EXTENT OF EXISTING AUTHORITY TO FILL THESE NEEDS. IN WHICH WE FOUND THAT MUCH OF THE SUPPORT PROVIDED BY THE DEPARTMENT OF DEFENSE (DOD) FOR 1981 INAUGURAL ACTIVITIES WAS WITHOUT PROPER LEGAL AUTHORITY AND REQUESTED US TO "INSIST" THAT NO FEDERAL ASSISTANCE BE PROVIDED FOR THE 1985 INAUGURAL UNLESS SPECIFICALLY AUTHORIZED BY LAW. YOU REQUESTED THAT WE ISSUE GUIDELINES AND RESTRICTIONS TO THE RELEVANT PARTICIPATING BODIES BEFORE SIGNIFICANT EXPENDITURES OF PUBLIC FUNDS ARE MADE.
B-202278, JAN 18, 1985
LEGISLATION - RECOMMENDED BY GAO - PRESIDENTIAL INAUGURAL CEREMONIES PARTICIPATION BY FEDERAL AGENCIES - EXTENT AND TYPES OF PARTICIPATION DIGEST: GAO DECLINES AT THIS TIME TO ENFORCE FINDINGS IN 62 COMP.GEN. 323 (1983), THAT CERTAIN SERVICES PROVIDED BY THE DEPARTMENT OF DEFENSE IN SUPPORT OF THE 1981 PRESIDENTIAL INAUGURATION WERE NOT LEGALLY AUTHORIZED. GAO REMINDS SENATOR PROXMIRE, TO WHOM THE EARLIER OPINION WAS ALSO ADDRESSED, THAT WE HAD URGED CONGRESS TO UNDERTAKE A COMPREHENSIVE REVIEW OF LAWS PERTAINING TO PRESIDENTIAL INAUGURATIONS IN THE LIGHT OF THE NEED FOR WIDER PLANNING AND LOGISTICAL SUPPORT. A GAO POST-AUDIT OF EXPENDITURES FOR THE 1985 INAUGURATION IS NOW SCHEDULED TO PROVIDE A FACTUAL BASIS FOR CONGRESSIONAL CONSIDERATION OF THE NEEDS AND THE EXTENT OF EXISTING AUTHORITY TO FILL THESE NEEDS. MEANWHILE, GUIDELINES ISSUED BY THE OFFICE OF THE WHITE HOUSE COUNSEL HELP TO REMEDY MANY OF THE IMPROPRIETIES IDENTIFIED BY GAO IN 1983.
THE HONORABLE WILLIAM PROXMIRE, UNITED STATES SENATE.
BY LETTER OF NOVEMBER 12, 1984, YOU REFERRED TO OUR OPINION TO YOU OF APRIL 18, 1983 (62 COMP.GEN. 323), IN WHICH WE FOUND THAT MUCH OF THE SUPPORT PROVIDED BY THE DEPARTMENT OF DEFENSE (DOD) FOR 1981 INAUGURAL ACTIVITIES WAS WITHOUT PROPER LEGAL AUTHORITY AND REQUESTED US TO "INSIST" THAT NO FEDERAL ASSISTANCE BE PROVIDED FOR THE 1985 INAUGURAL UNLESS SPECIFICALLY AUTHORIZED BY LAW. IN ADDITION, YOU REQUESTED THAT WE ISSUE GUIDELINES AND RESTRICTIONS TO THE RELEVANT PARTICIPATING BODIES BEFORE SIGNIFICANT EXPENDITURES OF PUBLIC FUNDS ARE MADE.
SUBSEQUENTLY, BY LETTER OF JANUARY 10, 1985, YOU ALSO REQUESTED THAT GAO CONDUCT AN AUDIT OF ALL FEDERAL EXPENDITURES RELATED TO THE UPCOMING 1985 PRESIDENTIAL INAUGURATION.
YOU RECALL THAT IN OUR APRIL 1983 OPINION TO YOU, WE STRONGLY URGED THAT THE CONGRESS UNDERTAKE A COMPREHENSIVE REVIEW OF THE LAWS ASSOCIATED WITH PRESIDENTIAL INAUGURATIONS. WE POINTED OUT THAT INAUGURATIONS REPRESENT CELEBRATIONS OF NATIONAL SIGNIFICANCE, REQUIRING EXTENSIVE PLANNING AND LOGISTICAL SUPPORT. SOME OF THIS UNDOUBTEDLY COULD MOST EFFICIENTLY BE DONE BY FEDERAL ENTITIES. THE CONGRESS TOOK NO ACTION TO PROVIDE GUIDANCE ON THE EXTENT OF FEDERALLY FUNDED SUPPORT IT DEEMED APPROPRIATE. FOR THIS REASON, EVEN BEFORE WE RECEIVED YOUR LATEST LETTER, WE HAD PLANNED TO AUDIT FEDERAL AGENCY ASSISTANCE FOR THE 1985 PRESIDENTIAL INAUGURAL ACTIVITIES, PARTICULARLY THAT PROVIDED BY DOD, TO PROVIDE A FACTUAL BASIS FOR THE CONGRESS TO EVALUATE EXISTING LAW REGARDING FEDERAL AGENCY PARTICIPATION IN PRESIDENTIAL INAUGURAL ACTIVITIES.
OUR 1983 OPINION DEALT PRIMARILY WITH THE DEPARTMENT OF DEFENSE, WITH PARTICULAR ATTENTION TO MILITARY MEMBERS BEING USED AS CHAUFFEURS, PERSONAL ESCORTS, SOCIAL AIDES AND USHERS. THE ADMINISTRATION HAS ATTEMPTED TO DEAL WITH THE IMPROPRIETIES IDENTIFIED IN OUR EARLIER OPINION BY ISSUING A COMPREHENSIVE SET OF GUIDELINES TO GOVERN DOD PARTICIPATION. A COPY OF THESE GUIDELINES IS ENCLOSED. FOR EXAMPLE, YOU WILL NOTE THAT MEMBERS OF THE MILITARY MAY NO LONGER BE USED FOR ROUTINE DUTIES SUCH AS TICKET TAKING, PARKING CARS, ETC., AND MAY NOT SERVE AS USHERS EXCEPT FOR THE PUBLIC SWEARING-IN CEREMONY AND AT THE PRESIDENTIAL REVIEWING STAND. THERE IS ALSO A GENERAL STATEMENT THAT "TRANSPORTATION SHALL NOT BE PROVIDED FOR PURELY PERSONAL PURPOSES," WHICH WE THINK SHOULD ELIMINATE USE OF THE MILITARY AS SOCIAL AIDES OR ESCORTS.
THE GUIDELINES DO NOT COMPLETELY ADDRESS ALL THE PROBLEMS WE COVERED IN OUR EARLIER DECISION TO YOU. NEVERTHELESS, THEY DOUBTLESS WILL SERVE TO REDUCE SIGNIFICANTLY THE LEVEL OF DOD PARTICIPATION IN INAUGURAL ACTIVITIES AND WE REGARD THEM AS A RESPONSIBLE ATTEMPT TO DEAL WITH A DIFFICULT SITUATION IN THE ABSENCE OF LEGISLATIVE GUIDANCE. WE THEREFORE DO NOT PLAN TO TAKE ANY ENFORCEMENT ACTION AT THIS TIME WITH RESPECT TO COMPLIANCE WITH OUR EARLIER DECISION. WE WILL COMPLETE A THOROUGH POST- AUDIT OF INAUGURATION EXPENDITURES AND REPORT TO THE CONGRESS WITH THE AIM OF ESTABLISHING A FIRM STATUTORY BASE TO GOVERN FUTURE INAUGURATIONS.