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B-235845 1 (1990-03-12)

handle is hein.gao/gaobadnsa0001 and id is 1 raw text is: aThe Comptroller General of the United States Washington, D.C. 20548 Decision John Booth - Travel Expenses of Witness - Agency Matterof: Responsible File: B-235845 Date: March 12, 1990 DIGEST 1. The statutory provision in 5 U.S.C. 5 5751, authorizing reimbursement of travel expenses of government employees called as witnesses and the implementing regulations in 28 C.F.R. Part 21 are applicable to discrimination hearings before an Administrative Judge of the Equal Employment Opportunity Commission (EEOC). An employee who appears as a witness at such a hearing is in an official duty status and entitled to reimbursement for travel expenses. 2. A current employee of the Department of Veterans Affairs (VA) was summoned to testify at an EEOC hearing concerning the witness's official duties at his former aqency, the Coast Guard. The VA must initially authorize and pay the employee's travel expenses so as not to disrupt the equal employment opportunity process. Then, the VA is entitled to reimbursement from the respondent agency (Coast Guard), which is ultimately responsible for the cost of the employee's travel to attend the hearing. DECISION This decision is in response to a request from the Secretary, Department of Veterans Affairs, concerning the issue of which agency, if any, is responsible for paying travel costs of a VA employee summoned to appear as a witness at a hearing on a discrimination complaint against the Coast Guard. We conclude that the VA is obligated to authorize and pay for the employee's travel and is then entitled to reimbursement from the Coast Guard, the respondent agency. The Coast Guard, and not the VA, is ultimately responsible for payment of the travel costs since the testimony concerns the witness's official duties at his former agency, the Coast Guard. C C4~ I -T/ bf

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