Smithsonian Institution

In the spring of 1988, Dr. Richard Mitchell, a zoologist on detail to the Smithsonian from the Department of the Interior, flew to China, Pakistan, and Nepal for about three weeks. While in China, Dr. Mitchell participated in a big-game hunt in which several rare mountain sheep were shot and their hides and horns retained as trophies. When the hunters returned to the United States, these items were impounded and the hunters charged with violations of the Endangered Species Act. So far, the Smithsonian has spent more than $350,000 to cover Dr. Mitchell's legal bills. In a July 1991 legal decision, GAO concluded that such funds should not have been used to pay Dr. Mitchell's legal expenses. This testimony explains in detail the basis for that legal decision. Although he had an informal agreement with his supervisor to do some work for the Smithsonian while in China, Dr. Mitchell did not undertake this trip at the direction of the Smithsonian, nor did it primarily benefit the Smithsonian. Dr. Mitchell did not use Smithsonian funds to pay for any of the trip nor request or receive Smithsonian travel orders. Moreover, during the trip, he was on annual leave. In GAO's view, no reasonable basis exists for concluding that the official purposes of the Smithsonian were served by the activities of Dr. Mitchell giving rise to these legal expenses. This is, however, an issue that will have to be resolved by the Smithsonian Board of Regents and Congress, not the Comptroller General.