B-152331, SEP. 26, 1963, 43 COMP. GEN. 305

B-152331, SEP. 26, 1963, 43 COMP. GEN. 305

VOLUNTARY SERVICES - MEALS, ETC. - APPROPRIATION AVAILABILITY ALTHOUGH THE GENERAL APPROPRIATION OF THE VETERANS ADMINISTRATION IS NOT AVAILABLE TO PROVIDE A DINNER, LUNCHEON, OR REFRESHMENTS AT THE ANNUAL RECOGNITION CEREMONY AT WHICH VOLUNTEER WORKERS AT OUTPATIENT CLINICS RECEIVE AWARDS OR ARE HONORED FOR THEIR SERVICES TO VETERAN PATIENTS, THE MEALS OR REFRESHMENTS CONSTITUTING ENTERTAINMENT FOR WHICH APPROPRIATED FUNDS MAY NOT BE EXPENDED ABSENT SPECIFIC STATUTORY AUTHORITY, THE PROVISION IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1963, APPROVED OCTOBER 3, 1962, AUTHORIZING THE VETERANS ADMINISTRATION TO SPEND $1,000 FOR OFFICIAL RECEPTION AND REPRESENTATIVE EXPENSES, IF CONTINUED IN FUTURE APPROPRIATIONS COULD BE USED TO PROVIDE MEALS OR REFRESHMENTS AT AWARD CEREMONIES.

TO THE ADMINISTRATOR, VETERANS ADMINISTRATION, SEPTEMBER 26, 1963:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 19, 1963, REQUESTING OUR DECISION AS TO WHETHER VETERANS ADMINISTRATION APPROPRIATIONS CAN BE USED FOR THE PURPOSE OF PROVIDING A DINNER, LUNCHEON, OR REFRESHMENTS AT VETERANS ADMINISTRATION FIELD STATIONS IN CONJUNCTION WITH THE ANNUAL RECOGNITION CEREMONY FOR THOSE VOLUNTEERS WHO ARE TO RECEIVE AWARDS OR TO BE HONORED FOR THEIR SERVICE TO VETERAN-PATIENTS.

YOU STATE THAT THE RECOMMENDATION TO PROVIDE A DINNER, LUNCHEON, OR REFRESHMENTS IN CONJUNCTION WITH THE ANNUAL RECOGNITION CEREMONY WAS SUBMITTED BY THE VETERANS ADMINISTRATION VOLUNTARY SERVICE NATIONAL ADVISORY COMMITTEE. YOU BELIEVE THAT IMPLEMENTATION OF THIS RECOMMENDATION WOULD BE AN INDUCEMENT FOR THE VOLUNTEERS TO CONTINUE RENDERING THEIR SERVICES AND WOULD TEND TO IMPROVE THE CARE AND TREATMENT OF VETERAN-PATIENTS THROUGH ANTICIPATED INCREASES IN VOLUNTEER INTEREST AND PARTICIPATION IN THE MEDICAL PROGRAM.

SECTION 213 OF THE ACT OF SEPTEMBER 2, 1958, 72 STAT. 1115, 38 U.S.C. 213, AUTHORIZES YOU TO ACCEPT SUCH VOLUNTARY SERVICES AS ARE NECESSARY TO THE EFFECTIVE EXECUTION OF THE STATUTORY DUTIES AND RESPONSIBILITIES OF THE VETERANS ADMINISTRATION. IN VIEW THEREOF, IN DECISION B-145430, DATED MAY 9, 1961, WE HELD THAT VETERANS ADMINISTRATION APPROPRIATIONS FOR THE NECESSARY EXPENSES OF OUTPATIENT CLINICS WERE AVAILABLE TO FURNISH MEALS WITHOUT CHARGE TO VOLUNTEER WORKERS AT OUTPATIENT CLINICS WHEN THEIR SCHEDULED ASSIGNMENT EXTENDS OVER A MEAL PERIOD, IF IT WAS ADMINISTRATIVELY DETERMINED THAT THE FURNISHING OF SUCH MEALS WAS IN THE INTEREST OF THE GOVERNMENT. ALSO, WE HELD IN DECISION B-81407, DATED JANUARY 26, 1949, THAT VETERANS ADMINISTRATION APPROPRIATIONS WERE AVAILABLE TO PURCHASE EMBLEMS OR INSIGNIA TO BE AWARDED TO PERSONS IN RECOGNITION OF MINIMUM PERIODS OF VOLUNTARY SERVICE TO VETERAN-PATIENTS,IF IT WAS DETERMINED THAT SUCH AWARDS WOULD BE AN INDUCEMENT TO RENDER SUCH SERVICE. HOWEVER, IT IS A GENERAL RULE OF LONGSTANDING THAT FUNDS APPROPRIATED FOR GOVERNMENT DEPARTMENTS AND AGENCIES MAY NOT BE USED FOR ENTERTAINING INDIVIDUALS BY GIVING LUNCHEONS, ETC., EXCEPT WHEN SPECIFICALLY AUTHORIZED BY STATUTE AND AUTHORIZED OR APPROVED BY PROPER ADMINISTRATIVE OFFICERS. 26 COMP. GEN. 281; 5 ID. 455; ID. 1018.

WE DO NOT BELIEVE THAT PROVIDING A DINNER, LUNCHEON, OR REFRESHMENTS AT THE ANNUAL RECOGNITION CEREMONY FOR VOLUNTEER WORKERS IS COMPARABLE TO FURNISHING MEALS WITHOUT CHARGE TO VOLUNTEERS WHOSE SCHEDULED ASSIGNMENTS EXTEND OVER ESTABLISHED MEAL PERIODS. THE FURNISHING OF MEALS TO VOLUNTEERS WHOSE ASSIGNMENTS EXTEND OVER MEAL PERIODS IS INCIDENT TO THE ACTUAL RENDERING OF SERVICES BY THE VOLUNTEERS DURING THEIR SCHEDULED ASSIGNMENTS, WHEREAS THAT SAME RELATIONSHIP WOULD NOT APPLY TO PROVIDING A DINNER, LUNCHEON, OR REFRESHMENTS AT THE ANNUAL RECOGNITION CEREMONY. THEREFORE, IT IS OUR VIEW THAT PROVIDING A DINNER, LUNCHEON, OR REFRESHMENTS IN CONJUNCTION WITH THE ANNUAL RECOGNITION CEREMONY WOULD CONSTITUTE "ENTERTAINMENT.'

ACCORDINGLY, WE MUST CONCLUDE THAT THE GENERAL APPROPRIATIONS OF THE VETERANS ADMINISTRATION ARE NOT AVAILABLE TO PROVIDE A DINNER, LUNCHEON, OR REFRESHMENTS IN CONJUNCTION WITH THE ANNUAL RECOGNITION CEREMONY FOR VOLUNTEERS. HOWEVER, IT IS NOTED THAT THE INDEPENDENT OFFICES APPROPRIATIONS ACT, 1963, APPROVED OCTOBER 3, 1962, PUBLIC LAW 87-741, 76 STAT. 716, 732, AUTHORIZED THE VETERANS ADMINISTRATION TO SPEND $1,000 FOR OFFICIAL RECEPTION AND REPRESENTATION EXPENSES, AND TO THE EXTENT THAT MONEY IS AVAILABLE SUCH AUTHORITY, IF CONTINUED IN FUTURE APPROPRIATIONS FOR THE VETERANS ADMINISTRATION, COULD BE USED TO PROVIDE MEALS OR REFRESHMENTS AT THE AWARDS CEREMONY.