Use of Appropriated Funds to Purchase Light Refreshments at Conferences, B-288266, January 27, 2003

B-288266 Jan 27, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Purports to authorize federal agencies to pay for light refreshments at official government-sponsored conferences where a majority of the attendees are in travel status. 41 C.F.R. While GSA is authorized to define subsistence for travelers to include light refreshments. GSA does not have the authority to authorize agencies to pay for light refreshments for those not in travel status. 2. The Comptroller General is required to settle the accounts of the United States. 31 U.S.C. Certifying officers are afforded protection from personal liability by relying on decisions of the Comptroller General concerning the legality of payments disbursing officers may make. Appropriated funds are not available to feed government employees at their duty station. View Decision Use of Appropriated Funds to Purchase Light Refreshments at Conferences, B-288266, January 27, 2003 DIGEST DECISION Pursuant to 31 U.S.C. Sec. 3529(a), a Navy certifying officer asks us to clarify whether the light refreshments provision of the General Services Administration (GSA) Federal Travel Regulation (FTR) on conference planning, 41 C.F.R. Sec. 301-74.11, permits agencies to use appropriated funds for refreshments at a meeting to discuss internal, day-to-day business operations held within the official duty station. As a general proposition, an agency may not use appropriated funds to pay for light refreshments for business meetings conducted by government agencies at an employee's duty station. There are certain statutory authorities that may permit the use of appropriated funds for light refreshments in certain situations. GSA does not, however, have the authority to permit agencies to use appropriated funds to pay for employees' food and light refreshments, except as part of an employee's travel subsistence allowance. Moreover, since Congress reposed the authority to settle the accounts of the government in the Comptroller General, 31 U.S.C. Sec. 3526, certifying officers should not rely on GSA's travel regulation on conference planning to authorize light refreshments at meetings for employees in nontravel status. Background In January 2000, GSA published an amendment to the Federal Travel Regulations to address "conference planning." 65 Fed. Reg. 1326, Jan. 10, 2000. The amendment defines "conference" as "[a] meeting, retreat, seminar, symposium or event that involves attendee travel. The term 'conference' also applies to training activities that are considered to be conferences under 5 CFR 410.404." /1/ 41 C.F.R. Sec. 300-3.1. The regulation focuses on the total costs involved in employee travel to conferences, including guidance on comparing the cost of and selecting conference facilities, 41 C.F.R. Sec.Sec. 301-74.2--74.5, and holding a conference at a hotel, motel, or other place of public accommodation. 41 C.F.R. Sec. 301-74.14. In addressing the costs of conferences, the amendment includes a provision permitting agencies to pay for light refreshments at official conferences: Agencies sponsoring a conference may provide light refreshments to agency employees attending an official conference. Light refreshments for morning, afternoon or evening breaks are defined to include, but not be limited to, coffee, tea, milk, juice, soft drinks, donuts, bagels, fruit, pretzels, cookies, chips, or muffins. 41 C.F.R. Sec. 301-74.11. In its Federal Register notice explaining the light refreshments provision, GSA asserted that "[t]he serving of light refreshments for conference attendees . . . is a common business practice, and should not be prohibited for Government-sponsored conferences." 65 Fed. Reg. at 1326. GSA has advised agencies that they may use appropriated funds to pay for refreshments for nontravelers at some conferences. GSA's Travel Management Policy Homepage explained: "We have not made it mandatory that every attendee has to be in travel status, as that would not be practical at every conference/meeting. It would not be in the Government's best interests to not allow Non-travel attendees to participate in the break (forcing them to go elsewhere for refreshments) or to collect funds from just certain attendees and keep the appropriate records of those funds." GSA advises, therefore, that if the majority of the attendees are in travel status, the agency may fund refreshments for all attendees. GSA, Travel Management Policy's Frequently Asked Questions, content="" type="1004&PMTT=1">. A Navy certifying officer submitted a request for an a dvance decision pursuant to 31 U.S.C. Sec. 3529(a).