B-202567 L/M, MAY 21, 1981

B-202567 L/M, MAY 21, 1981

OFFICE OF GENERAL COUNSEL

MS. MEREL P. GLAUBIGER, LEGAL COUNSEL, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 17, 1981, REQUESTING A DETERMINATION WHETHER DR. ALVITO ALVARES, AN EMPLOYEE OF THE UNIVERSITY, MAY ACCEPT AIR FARE FROM A PRIVATE COMPANY SO HE MAY ATTEND THE EIGHTH INTERNATIONAL CONGRESS OF PHARMACOLOGY DURING JULY IN JAPAN. WHILE THE SUBMISSION IS INAPPROPRIATE FOR A DECISION OF THE COMPTROLLER GENERAL (SEE 31 U.S.C. SECS. 74 AND 82D), WE ARE PROVIDING THE FOLLOWING INFORMATION.

YOU INDICATE THERE ARE NO AGENCY FUNDS TO PAY FOR DR. ALVARES' TRAVEL TO JAPAN BUT THAT A PRIVATE COMPANY IS WILLING TO PAY HIS AIR FARE. SINCE THE PRIVATE COMPANY IS NOT AN EXEMPT ORGANIZATION UNDER 26 U.S.C. SEC. 503(C)(3), THE STATUTORY AUTHORITY IN 5 U.S.C. SEC. 4111(A), WHICH ALLOWS AN EXEMPT ORGANIZATION TO PAY FOR VARIOUS TRAVEL EXPENSES OF AN EMPLOYEE INCIDENT TO HIS ATTENDING A MEETING, IS NOT APPLICABLE. YOU ASK WHETHER DR. ALVARES COULD ACCEPT THE AIR FARE IF HE WERE TO TAKE ANNUAL LEAVE ON THE DAYS HE TRAVELS TO AND FROM JAPAN, EVEN THOUGH HE WOULD BE IN A TEMPORARY DUTY STATUS FOR THE MEETING DAYS. YOU SPECIFICALLY ASK IF THIS WOULD BE ALLOWABLE UNDER THE RULE STATED IN B-115392, MAY 10, 1976, WHICH IS AS FOLLOWS:

"*** IF AN EMPLOYEE AT THE TIME OF ATTENDANCE AT THE MEETING IS NOT IN AN OFFICIAL DUTY STATUS - ON LEAVE OF ABSENCE WITH OR LEAVE WITHOUT PAY - AND IF SUCH TRAVEL IS NOT PERFORMED PURSUANT TO AUTHORITY OR DIRECTION OF THE AGENCY, THEN THE RULE PRECLUDING APPROPRIATION AUGMENTATION WOULD NOT BE INVOLVED AND, AS FAR AS OUR OFFICE IS CONCERNED, THE EMPLOYEE WOULD NOT BE PRECLUDED FROM ACCEPTING THE GIFT."

AS INDICATED FROM THE ABOVE QUOTATION, AN EMPLOYEE MAY NOT ATTEND A MEETING IN AN OFFICIAL DUTY STATUS AND ACCEPT A GIFT OF HIS AIR FARE FROM A PRIVATE COMPANY. THE EMPLOYEE MUST BE ON LEAVE OF ABSENCE OR OTHERWISE IN NONDUTY STATUS AT THE TIME OF THE MEETING OR FUNCTION ON ACCOUNT OF WHICH THE DONATION IS MADE OR ACEPTANCE OF THE AIR FARE WOULD BE AN UNLAWFUL AUGMENTATION OF THE AGENCY'S APPROPRIATION B-128527, AUGUST 11, 1967. AS EXPLAINED IN B-128527, JUNE 7, 1968 (COPY ENCLOSED) THE REASON FOR THIS IS THAT TEMPORARY DUTY IS OFFICIAL DUTY AND TRAVEL INCIDENT TO OFFICIAL DUTY MUST BE PAID OUT OF AGENCY APPROPRIATIONS.

WHILE IT DOES NOT APPEAR THAT DR. ALVARES MAY ACCEPT A TRAVEL EXPENSE DONATION FROM A NONEXEMPT PRIVATE ORGANIZATION UNLESS HE IS WILLING TO ATTEND THE MEETING IN A NONPAY STATUS, IT MAY BE POSSIBLE FOR THE UNIVERSITY TO PAY HIS TRAVEL EXPENSES AND ACCEPT REIMBURSEMENT FOR ALL OR A PART OF THOSE COSTS FROM THE PARTICULAR ORGANIZATION. SEE 46 COMP.GEN. 689 (1967). IN REGARD TO AGENCIES WITH AUTHORITY TO ACCEPT GIFTS, SEE ALSO 47 COMP.GEN. 319 (1967) AND 55 COMP.GEN. 1293 (1976).

WE HOPE THIS INFORMATION WILL BE OF ASSISTANCE TO YOU.