B-168774, SEP. 2, 1970

B-168774, SEP. 2, 1970

REIMBURSEMENT TO HEW EMPLOYEES -- EXPENSES FOR MEALS AT TRAINING CONFERENCE DENIAL OF AUTHORIZATION OF OFFICE OF EDUCATION, HEW TO USE FEDERAL FUNDS FOR PAYMENT OF MEALS FURNISHED HEADQUARTERS EMPLOYEES OF OFFICE OF EDUCATION, BY MARRIOTT MOTOR HOTEL IN ARLINGTON, VA., DURING PERIOD OF MARCH 15 - 17, 1970, WHILE ATTENDING A RESEARCH CONFERENCE. HEW EMPLOYEES WHO ATTENDED A CONFERENCE TOGETHER WITH CONSULTANTS OF OFFICE OF EDUCATION SPONSORED BY THE SAME OFFICE AT THEIR HEADQUARTERS IN WHICH THE EMPLOYEES HAD THEIR MEALS WITH THE CONSULTANTS MAY NOT HAVE MEALS FURNISHED AT GOVERNMENT EXPENSE.

TO MR. FLETCHER R. BRANDE:

BY LETTER OF JULY 28, 1970, YOU REQUESTED OUR DECISION AS TO WHETHER FEDERAL FUNDS IN THE AMOUNT OF $277 MAY BE DISBURSED FOR THE PAYMENT OF MEALS FURNISHED TO HEADQUARTERS EMPLOYEES OF THE OFFICE OF EDUCATION BY THE MARRIOTT MOTOR HOTEL IN ARLINGTON, VIRGINIA, DURING THE PERIOD MARCH 15, THROUGH MARCH 17, 1970, WHEN THE EMPLOYEES, TOGETHER WITH CONSULTANTS OF THE OFFICE OF EDUCATION, ATTENDED A RESEARCH TRAINING CONFERENCE AT THE MOTOR HOTEL, APPARENTLY HELD BY THE OFFICE OF EDUCATION. THE CONSULTANTS WERE PROVIDED OVERNIGHT LODGING AT THE MOTOR HOTEL AS WELL AS THEIR MEALS WHILE PARTICIPATING IN A THREE-DAY CONFERENCE AT THAT LOCATION. THE OFFICE OF EDUCATION EMPLOYEES WORKED WITH THE CONSULTANTS AND PARTICIPATED IN LONG-RANGE PROGRAM PLANNING. WE ASSUME THE EMPLOYEES WERE NOT IN A TRAVEL STATUS.

YOU STATE THAT AN EFFORT WAS MADE TO KEEP THE CONFERENCE AS BRIEF AS POSSIBLE BY HOLDING SESSIONS ON A CONTINUING BASIS FROM SUNDAY UNTIL TUESDAY AND FROM EARLY MORNING UNTIL LATE EVENING. IT WAS FELT THAT IT WOULD BE CONSTRUCTIVE TO HAVE THE OFFICE OF EDUCATION EMPLOYEES TAKE THEIR MEALS WITH THE CONSULTANTS SO THAT THE BUSINESS OF THE CONFERENCE COULD BE CONCLUDED AS SOON AS POSSIBLE, AND FURTHER, HAVING THE EMPLOYEES EAT SEPARATELY FROM THE CONSULTANTS WOULD HAVE BEEN SOMEWHAT AWKWARD.

WE HAVE NOT FOUND ANY AUTHORIZING LEGISLATION OR APPROPRIATION ACT WHICH WOULD ALLOW MEALS TO BE FURNISHED AT GOVERNMENT EXPENSE TO OFFICE OF EDUCATION EMPLOYEES UNDER THE FACTS AS REPORTED IN YOUR SUBMISSION. YOU POINT OUT THAT IN OUR DECISION OF OCTOBER 4, 1968, 48 COMP. GEN. 185 (1968), WE HELD THAT MEALS COULD BE FURNISHED AT GOVERNMENT EXPENSE UNDER SOMEWHAT SIMILAR CIRCUMSTANCES. THAT CASE, HOWEVER, INVOLVED MEALS FURNISHED TO EMPLOYEES DURING TRAINING SESSIONS, THE NECESSARY EXPENSE OF WHICH COULD BE AUTHORIZED PURSUANT TO 5 U.S.C. 4109. IN THAT CASE THE MEALS WERE A NECESSARY INCIDENT TO PROVIDING THE TRAINING AND IT APPEARED THAT THE TRAINING WAS CONDUCTED DURING MEAL SESSIONS. EVIDENTLY THE CONFERENCE IN THE PRESENT CASE CONSISTED OF WORKING SESSIONS WITHOUT EMPLOYEE TRAINING AS DEFINED IN 5 U.S.C. 4101.

WE MUST HOLD, THEREFORE, THAT THE RULE AGAINST PAYMENT FOR GOVERNMENT EMPLOYEE MEALS OR REFRESHMENTS EVEN UNDER UNUSUAL OR INCONVENIENT WORKING CONDITIONS OR FOR DESIRABLE SOCIAL PURPOSES IS APPLICABLE TO THE PRESENT CASE. SEE 47 COMP. GEN. 657 (1968); 42 ID. 149 (1962); B 169235 APRIL 7, 1970; B-168774, JANUARY 23, 1970; AND B-137999, DECEMBER 16, 1958. CONSEQUENTLY, PAYMENT TO THE HOTEL MAY NOT BE MADE FROM APPROPRIATIONS AVAILABLE TO THE OFFICE OF EDUCATION FOR MEALS FURNISHED TO ITS HEADQUARTERS EMPLOYEES ATTENDING THE CONFERENCE.

SINCE THE TERMS OF THE AGREEMENTS OR OTHER FACTS CONCERNING THE EMPLOYMENT OF THE CONSULTANTS TAKING PART IN THE CONFERENCE ARE NOT SET OUT IN YOUR LETTER, WE EXPRESS NO OPINION REGARDING THE PROPRIETY OF THE PAYMENT MADE FOR LODGING AND MEALS FURNISHED TO THEM.