State Department - Rest and Recuperation Travel, B-302728, October 1, 2004

B-302728 Oct 01, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights A State Department certifying officer located in the United States Embassy, Kiev, Ukraine, may certify payment of a Foreign Service employee's travel expenses to attend the funeral of a close family member, based on the department's authority to grant "rest and recuperation" travel under the Foreign Service Act of 1980, Pub. L. No. 96-465, codified in 22 U.S.C. ch. 52. View Decision B-302728, State Department - Rest and Recuperation Travel, October 1, 2004 Decision Matter of: State Department - Rest and Recuperation Travel File: B-302728 Date: October 1, 2004 DIGEST A State Department certifying officer located in the United States Embassy, Kiev, Ukraine, may certify payment of a Foreign Service employee's travel expenses to attend the funeral of a close family member, based on the department's authority to grant "rest and recuperation" travel under the Foreign Service Act of 1980, Pub. L. No. 96-465, codified in 22 U.S.C. ch. 52. DECISION A State Department certifying officer for the United States Embassy in Kiev, Ukraine, Ms. Joyce E. Coates, requests an advance decision under 31U.S.C. 3529 regarding the use of State Department funds for employee rest and recuperation (R&R) travel. The certifying officer questions whether it is proper to certify payment of appropriated funds for R&R travel of an employee of the Embassy in Kiev, Ms.Oluwatoyn Martschenko, in order to attend the funeral of her mother-in-law. As explained below, we find that the certifying officer should certify the employee's R&R travel expenses for payment. [2] In January 2004, the Embassy asked the certifying officer to certify payment of those R&R travel expenses to a private vendor for the employee's travel expenses, but the certifying officer has not yet done so. In her request to this Office, the certifying officer questions whether she should certify payment in this matter. She notes that "the purpose' of R&R is to grant employees and family members at designated hardship posts opportunity for relief from the harsh conditions imposed upon them. . . . Going to a funeral would not seem to meet the purpose of rest and recuperation." Letter from Joyce E. Coates to Thomas H. Armstrong, Assistant General Counsel for Appropriations Law, GAO, Feb.24, 2004 (received in GAO, Mar. 15, 2004). Moreover, the certifying officer is concerned that allowing the employee to use R&R travel to attend a family funeral would "circumvent" State Department policy and rules governing EVT in order to serve the "personal convenience" of the employee. Id. In April 2004, we asked the State Department's Legal Adviser to provide us with his views on this matter. Letter from Thomas H. Armstrong, Assistant General Counsel for Appropriations Law, GAO, to William H. Taft, IV, State Department Legal Adviser, Apr.28, 2004. In July 2004, the Office of the Legal Adviser responded saying, among other things, that it is neither a requirement nor a practice of the department to evaluate the appropriateness of the personal activities of an employee or (eligible family members) while on R&R travel. Letter from Jamison Borek, Assistant Legal Adviser for Legislation and Management, State Department, to Thomas H. Armstrong, Assistant General Counsel for Appropriations Law, GAO, July 20, 2004. In fact, the department has never before deemed an employee's or family member's proposed R&R travel inappropriate based on the department's assessment of the personal activities proposed or actually pursued during the R&R trip. Id . The Assistant Legal Adviser said, "Based on the facts of which we are aware, therefore, the Office of Legal Adviser does not believe that [the employee] should be refused reimbursement for R&R on the grounds that [her] attendance at her mother-in-law's funeral on the R&R trip renders the trip inappropriate for R&R." Id. DISCUSSION In order to determine whether State Department funds are legally available to pay the employee's travel expenses, we need to understand the department's authority with respect to R&R travel and EVT leave and the expenses associated with them, as well as the policies and procedures established by the department under that authority. The State Department derives its authority to grant leave and travel reimbursements to Foreign Service employees and their families from the Foreign Service Act of 1980, Pub. L. No. 96-465, 94 Stat. 2071 (Oct. 17, 1980), codified in 22U.S.C. ch. 52.