B-166850, JUN. 13, 1969

B-166850, JUN. 13, 1969

TO MR. E. W. WATKINS:

WE REFER TO YOUR LETTER OF APRIL 3, 1969, REQUESTING A DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A TRAVEL REIMBURSEMENT VOUCHER TRANSMITTED THEREWITH IN FAVOR OF THE EXECUTIVE DIRECTOR OF THE AMERICAN REVOLUTION BICENTENNIAL COMMISSION. THE VOUCHER COVERS TRAVEL EXPENSES, INCLUDING ACTUAL EXPENSES OF SUBSISTENCE, OF THE DIRECTOR AND HIS WIFE INCIDENT TO THEIR TRAVEL FROM WASHINGTON, D.C., TO NEW YORK, FOR THE PURPOSE OF REVIEWING THE THEATRICAL PRODUCTION "1776" AND ATTENDING A RECEPTION FOR THE PRODUCERS, ACTORS, ETC., WHO PARTICIPATED IN THE PRODUCTION.

THE EXECUTIVE DIRECTOR REQUESTS THAT THE VOUCHER BE PAID IN FULL FROM THE DONATION ACCOUNT OF THE COMMISSION AND THE PRIMARY QUESTION IS WHETHER REIMBURSEMENT MAY BE MADE IN THE FULL AMOUNT OR ONLY IN SUCH LESSER AMOUNT WHICH WOULD BE PAYABLE IN ACCORDANCE WITH 5 U.S.C. 5701-5707 AND THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. IN THE EVENT WE DETERMINE THE VOUCHER MAY NOT BE CERTIFIED IN THE FULL AMOUNT YOU QUESTION WHETHER THE DONATION TENDERED BY THE AMERICAN CONSERVATION ASSOCIATION, INC., SHOULD BE ACCEPTED AND DEPOSITED.

THE INFORMATION PRESENTED HERE INDICATES THAT THE DONATION IN QUESTION WAS MADE WITH THE UNDERSTANDING THAT "IT SHALL BE AVAILABLE, WHEN AND AS PAID, WITHOUT REGARD TO CONTRACTUAL, PROCUREMENT, PRINTING, REPRESENTATIONAL, AND RELATED REQUIREMENTS OF THE FEDERAL GOVERNMENT, AND WITHOUT REGARD TO CIVIL SERVICE LAWS AND REGULATIONS PERTAINING TO FEDERAL EMPLOYEES AND PERSONNEL. "ALSO, WE UNDERSTAND THAT THE TRAVEL IN QUESTION HAS BEEN DETERMINED ADMINISTRATIVELY TO BE IN CONNECTION WITH THE FUNCTIONS AND ACTIVITIES OF THE COMMISSION.

THE TRAVEL REIMBURSEMENT WHICH AN EMPLOYEE MAY RECEIVE INCIDENT TO THE PERFORMANCE OF OFFICIAL TRAVEL IS A MATTER FIXED BY STATUTE AND STATUTORY REGULATIONS PRESCRIBING THE MANNER AND PLACING UNIFORM LIMITATIONS ON THE AMOUNTS EMPLOYEES MAY BE REIMBURSED. WHILE DONATED FUNDS MAY NOT BE SUBJECT TO ALL REQUIREMENTS AND RESTRICTIONS ON EXPENDITURES AS APPLY TO APPROPRIATED FUNDS, WE DO NOT CONSIDER THAT BY USING DONATED FUNDS AN AGENCY MAY LAWFULLY REIMBURSE AN EMPLOYEE ANY GREATER AMOUNT FOR OFFICIAL TRAVEL THAN THAT WHICH THE EMPLOYEE COULD HAVE RECEIVED UNDER THE APPLICABLE TRAVEL LAWS AND REGULATIONS. THE GENERAL RULE IS THAT DONATIONS MADE TO COVER AN EMPLOYEE'S OFFICIAL TRAVEL EXPENSES ARE TO BE REGARDED AS HAVING BEEN MADE TO THE UNITED STATES -- NOT TO THE EMPLOYEE - - AND TRAVEL EXPENSE REIMBURSEMENT TO THE EMPLOYEE IS LIMITED TO THAT WHICH IS AUTHORIZED UNDER THE APPLICABLE TRAVEL LAWS AND STATUTORY REGULATIONS ISSUED IN IMPLEMENTATION THEREOF. SEE 36 COMP. GEN. 268, 46 COMP. GEN. 689 AND 47 COMP. GEN. 319. ACCORDINGLY, AND SUBJECT TO THE ABOVE LIMITATIONS, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED ONLY IN THE AMOUNT YOU DETERMINE WAS EXPENDED FOR THE TRAVEL OF THE DIRECTOR. THUS, THOSE AMOUNTS SHOWN ON THE VOUCHER COVERING REIMBURSEMENT FOR THE TRAVEL AND SUBSISTENCE OF THE DIRECTOR'S WIFE ARE NOT ALLOWABLE.

CONCERNING YOUR SECOND QUESTION, WHILE THE DONOR ATTEMPTED TO MAKE THE DONATED FUNDS AVAILABLE WITHOUT REGARD TO CERTAIN REQUIREMENTS RELATING TO EXPENDITURES OF GOVERNMENT FUNDS AND "WITHOUT REGARD TO THE CIVIL SERVICE LAWS AND REGULATIONS PERTAINING TO FEDERAL EMPLOYEES AND PERSONNEL" IT DID NOT SPECIFY THAT SUCH FUNDS WOULD BE AVAILABLE WITHOUT REGARD TO TRAVEL REIMBURSEMENT LAWS OR PAY LAWS. MOREOVER, THE DONOR DID NOT SPECIFY THAT THE DONATION IS REVOKED IN ITS ENTIRETY IN THE EVENT IT COULD NOT LAWFULLY BE EXPENDED IN ACCORDANCE WITH THE SPECIFIED UNDERSTANDING. IT, THEREFORE, IS OUR VIEW THAT THE DONATION APPROPRIATELY MAY BE ACCEPTED AND DEPOSITED.