Board of Contract Appeals General Services Administration Washington, D.C. 20405 ________________________________ June 9, 2000 ________________________________ GSBCA 15211-TRAV In the Matter of SCOTT J.N. McNABB Scott J.N. McNabb, Atlanta, GA, Claimant. Cynthia S. Whitt, Chief, Accounting Branch, Financial Management Office, Public Health Service, Centers for Disease Control and Prevention, Atlanta, GA, appearing for Department of Health and Human Services. WILLIAMS, Board Judge. The Department of Health and Human Services (DHHS), Centers for Disease Control and Prevention (CDC), has requested our opinion on whether an executive in the Division of International Health who led a week-long training effort in Tanzania can be reimbursed for expenses he incurred for lodging, meals, and refreshments provided to the trainees, officials of the Tanzanian Ministry of Health, and incidental expenses relating to the conference, including charges for conference and presentation rooms, photocopying, and equipment. Because this Board may only decide claims "involving expenses incurred by federal civilian employees for official travel and transportation," we do not have the authority to decide whether the agency may utilize its funds for the payment of meals and travel expenses of nonfederal employees or what the proper procedure would be for payment of such expenses. The statutes and regulations governing federal civilian employee travel do not address these matters. However, Dr. McNabb's own travel costs and the incidental conference expenses may be paid, in accordance with the guidelines below. Background Dr. Scott J.N. McNabb, Chief, Capacity Development Branch, Division of International Health, Public Health Service, CDC, was tasked to lead a week-long training session for the United States Agency for International Development (USAID) for staff of the Tanzanian Ministry of Health to develop a plan of action for a five-year health information systems reform project. USAID requested and funded the project, but asked CDC to bear a portion of the workshop cost. Dr. McNabb was authorized to travel on temporary duty from Atlanta, Georgia, to Dar Es Salaam, Tanzania, on January 22, 1999, for the period January 23 through February 12, 1999. He was issued a travel advance in the amount of $7682. The travel authorization provided: 1. USE OF LOCAL TRANSPORTATION, INCLUDING TAXICABS, AUTHORIZED WHEN ADVANTAGEOUS TO THE GOVERNMENT AND JUSTIFIED ON THE VOUCHER. 2. TRAVEL AND PER DIEM IS AUTHORIZED IN ACCORDANCE WITH DHHS POLICY AND FTR [Federal Travel Regulation]. 3. HOTEL RECEIPTS REQUIRED. 4. THE FOLLOWING ARE AUTHORIZED: PERSONAL LEAVE IN CONJUNCTION WITH OFFICIAL TRAVEL ADVANCE OF $7682.00 (CHECK) 5. PURCHASE OF TRAVELERS CHEQUES & CURRENCY EXCHANGE FEES AUTHORIZED. AUTHORITY IS HEREBY GRANTED TO PERFORM TRAVEL AND TO INCUR SUCH EXPENSES AS MAY BE NECESSARY UNDER CONDITIONS SET FORTH ABOVE. (FUNDS ARE AVAILABLE) Dr. McNabb coordinated this effort with Dr. Kimambo, who was a contract employee of another USAID-funded partner located in Tanzania. Dr. Kimambo arranged for the local hotel to provide rooms and meals for the participants, as this was more convenient for the workshop facilitation and resulted in a reduced cost to the U.S. Government. Between February 1 and 4, 1999, Dr. McNabb incurred the following expenses on behalf of the Tanzanian health officials who participated in the conference: Hotel for Tanzanian health officials - $2343.40 Meals for participants (ninety-nine meals) - $1031.10 Incidental expenses for participants - $1963.99[foot #] 1 Conference room (three days) - $267.82 Hotel presentation room (one day) - $450.08 Equipment (three days) - $133.91 ----------- FOOTNOTE BEGINS --------- [foot #] 1 Dr. McNabb paid this amount directly to the participants listed on an attachment to his travel voucher. Each participant signed a log indicating that he or she had received 20,000 Tanzanian shillings per day, and this log is part of the record. ----------- FOOTNOTE ENDS ----------- Tea and bottled water - $334.77[foot #] 2 Photocopying - $161.51 Dr. McNabb submitted a certification stating that the participants traveled more than thirty-five miles outside of their official duty station or residence and worked more than twelve hours each day. Dr. McNabb also certified that he incurred the expenses listed above for equipment rental, conference and presentation rooms, and photocopying, but he did not receive separate receipts. Although Dr. McNabb requested receipts from the leader of the workshop in Tanzania, Dr. Kimambo, she advised him that "the hotel issued only one receipt for our expenses amounting to Tanzanian shillings 2,852,350 which was equivalent to about $4,000." Dr. McNabb had led a team to conduct a similar workshop in the Republic of Georgia in May 1998, and was reimbursed for all workshop-related expenses under his travel voucher. The agency program office, the Epidemiology Program Office of the Division of International Health, believes all of the claimed charges to be legitimate and necessary for USAID's Integrated Disease Surveillance Project in Africa. The agency has asked this Board three questions regarding its ability to reimburse the claimant: 1. Can a traveler be reimbursed for the travel and related expenses that were incurred by other travelers? 2. Can a traveler be reimbursed for meals and refreshment expenses paid to a hotel for attendees of a workshop in addition to M&IE [meals and incidental expenses] paid to these attendees? 3. Is an employee's certification sufficient support for reimbursement? Discussion 1. Expenses of Nonemployee Attendees at the Conference This Board's authority to settle claims is limited by statute to claims "involving expenses incurred by federal civilian employees for official travel and transportation, and for relocation expenses incident to transfers of official duty stations." 31 U.S.C. 3702(a)(3) (Supp. IV 1998). The agency's first question, whether a traveler may be reimbursed for the travel and related expenses that were incurred by other travelers ----------- FOOTNOTE BEGINS --------- [foot #] 2 The expense for the water was necessary because of local water contamination. ----------- FOOTNOTE ENDS ----------- who are not federal employees, raises issues which go beyond the statutes and regulations governing official travel of a federal civilian employee. This Board does not have authority to determine issues relating to the propriety of funding these expenses or the use of appropriated funds.[foot #] 3 The agency questions whether the expenses of the Tanzanian health officials are reimbursable as a conference cost under FTR 301-74.2. This regulation, which is included in the section of the FTR entitled "Agency Responsibilities, Conference Planning," defines conference costs as follows: Conference costs are all costs paid by the Government for a conference, whether paid directly by agencies or reimbursed by agencies to travelers or others associated with the conference, e.g. speakers, contractors, etc. Such costs include, but are not limited to: travel to and from the conference, ground transportation, lodging, meals and incidental costs, meeting room and audiovisual costs, registration fees, speaker fees, other conference related administrative fees, and the cost of the employee's time spent at the conference and traveling to and from the conference. 41 CFR 301-74.2 (1998). This regulation is a definition, not a provision conferring an entitlement to reimbursement of travel expenses on nonfederal employees. We could find no provision of the statutes and regulations governing federal civilian employee travel which authorized payment of nonfederal employees' travel expenses attending a conference. There may be another independent statutory basis for reimbursing Dr. McNabb for the travel expenses of the Tanzanian officials and there may be a legal mechanism for doing so under his travel voucher but such matters are beyond our jurisdiction.[foot #] 4 ----------- FOOTNOTE BEGINS --------- [foot #] 3 The Comptroller General has the authority under 31 U.S.C. 3529 to issue decisions to disbursing or certifying officers and heads of agencies on matters involving the use of appropriated funds that do not specifically involve settling a claim within the purview of another Government entity. B-275605 (Mar. 17, 1997); see, e.g., Agency for International Development, _________ ____________________________________ Authority to Pay Claims under Section 636(b) of the Foreign ----------- FOOTNOTE BEGINS --------- Assistance Act of 1961, B-246211, B-246211.2 (Dec. 7, 1992) _________________________ ("Section 636(b) of the Foreign Assistance Act allows AID to make certain types of expenditures without regard to the laws and regulations that would otherwise govern the obligation and expenditures of funds."). [foot #] 4 The Comptroller General has addressed the propriety of using appropriated funds for travel expenses for (continued...) ----------- FOOTNOTE ENDS ----------- The Federal Travel Regulation does authorize reimbursement of Dr. McNabb's incidental expenses. FTR 301-12.1 outlines miscellaneous expenses relating to conferences which are reimbursable and expressly lists the hire of a conference center room or hotel room for official business, so long as such items have been authorized or approved by the agency. 41 CFR 301-12.1. Thus, Dr. McNabb may be reimbursed for the cost of the presentation and conference rooms. Because this regulation also permits reimbursement of additional unenumerated miscellaneous expenses, the equipment rental and photocopying expenses may also be paid, so long as they are related to official business and were authorized by the agency. 2. Meals and Refreshment Expenses in Addition to M&IE The regulations provide that the M&IE rate must be reduced if a Government employee receives a meal. Thus, if the Government pays for meals provided at the conference, the M&IE reimbursement of Dr. McNabb -- and the attendees, if otherwise eligible for reimbursement -- should be reduced as provided in FTR 301-11.18: What M&IE rate will I receive if a meal(s) is furnished at nominal or no cost by the Government or is included in the registration fee? Your M&IE rate must be adjusted for a meal(s) furnished to you (except as provided in 301-11.17), with or without cost, by deducting the appropriate amount shown in the chart in this section for CONUS travel, reference Appendix B of this chapter for OCONUS travel, or any method determined by your agency. If you pay for a meal that has been previously deducted, your agency will reimburse you up to the deduction amount. The total amount of deductions made will not cause you to receive less than the amount allowed for incidental expenses. 41 CFR 301-11/18; see Coast Guard -- Meals at Training Conference, B-244473 (Jan. 13, 1992) (allowances for meals must be reduced for each meal furnished as part of training conference). 3. Sufficient Support for Reimbursement FTR 301-11.25 provides that an employee must provide a lodging receipt and either a receipt for any authorized expenses incurred costing over $75 or a reason acceptable to his agency ----------- FOOTNOTE BEGINS --------- [foot #] 4 (...continued) individuals who are not federal employees. E.g., Hon. John D. ____ _____________ Dingell, B-251921 (Apr. 14, 1993); Commission on Interstate Child _______ ______________________________ Support, B-242880 (Mar. 27, 1991). _______ ----------- FOOTNOTE ENDS ----------- explaining why he is unable to provide the necessary receipt. 41 CFR 301-11.25. FTR 301-52.4 provides that receipts must be provided for "any other expense for lodging and any other expense over $75." The regulation states: "If it is impracticable to furnish receipts in any instance as required by this subtitle, the failure to do so must be fully explained on the travel voucher. Mere inconvenience in the matter of taking receipts will not be considered." 41 CFR 301-52.4. In addition, FTR 301-52.8 provides that an agency may disallow payment of a claimed item in three circumstances: when proper itemization is not provided, receipts or other documentation is not provided, or when an employee claims an expense which is not authorized. Id. 301-52.8. In our view, Dr. McNabb has adequately explained his inability to obtain separate receipts for the equipment rental, presentation and conference rooms, and photocopying expenses, in that the hotel included all expenses in a single invoice, and the record indicates that the expenditures were made. As such, Dr. McNabb's lack of receipts would not be an impediment to reimbursement of these items. Decision The claim is dismissed in part and granted in part in accordance with the guidelines set forth above. ________________________________ MARY ELLEN COSTER WILLIAMS Board Judge