B-136051, JAN. 26, 1962
Highlights
THE ACCOUNTING OFFICERS OF THE UNITED STATES HAVE CONSISTENTLY HELD THAT. THE REASON FOR THIS RULE IS THAT THE PLACING OF ONESELF AT THE PLACE WHERE HIS WORK REQUIRED HIM TO BE IS AN INCIDENT OF QUALIFYING FOR EMPLOYMENT.
B-136051, JAN. 26, 1962
TO MR. EDMUND C. GASS, ACTING EXECUTIVE DIRECTOR, CIVIL WAR CENTENNIAL COMMISSION:
YOUR LETTER OF DECEMBER 12, 1961, REQUESTS OUR DECISION WHETHER THE CIVIL WAR CENTENNIAL COMMISSION MAY PAY FROM ITS CURRENT APPROPRIATED FUNDS FOR THE TRANSPORTATION OF THE HOUSEHOLD EFFECTS OF ITS EXECUTIVE DIRECTOR DESIGNATE FROM HIS PRESENT HOME IN IOWA CITY, IOWA, TO WASHINGTON, D.C., TOGETHER WITH TRANSPORTATION EXPENSES FOR HIMSELF, HIS WIFE AND THEIR TWO MINOR CHILDREN FROM IOWA CITY TO WASHINGTON.
THE QUESTION ARISES AS TO THE APPLICATION OF THE PROVISIONS OF SECTIONS 6 (A) AND 5 (B) OF THE ACT OF SEPTEMBER 7, 1957, AS AMENDED, 36 U.S.C. 746 (A) AND 745 (B), TO THE FACTUAL SITUATION INVOLVED.
SECTION 6 (A) OF THE CITED ACT PERMITS YOUR COMMISSION TO EMPLOY AN EXECUTIVE DIRECTOR AND OTHER EMPLOYEES WITHOUT REGARD TO CIVIL SERVICE LAWS OR THE CLASSIFICATION ACT OF 1949. SECTION 5 (B) OF THE ACT AUTHORIZES THE COMMISSION TO PROCURE SUPPLIES, SERVICES, AND PROPERTY, WHERE NECESSARY, WITHOUT REGARD TO THE LAWS AND PROCEDURES GENERALLY APPLICABLE TO FEDERAL AGENCIES. THIS SECTION ALSO PERMITS THE COMMISSION TO ACCEPT DONATIONS AND EXECUTE CONTRACTS IN PURSUANCE TO THE PURPOSE OF THE ACT. THESE PROVISIONS, HOWEVER, CONTAIN NO SPECIAL AUTHORITY FOR THE PAYMENT OF, OR REIMBURSEMENT FOR, TRAVEL OR TRANSPORTATION EXPENSES FOR THE MEMBERS OR EMPLOYEES OF THE COMMISSION.
THE ACCOUNTING OFFICERS OF THE UNITED STATES HAVE CONSISTENTLY HELD THAT, UNLESS OTHERWISE PROVIDED BY STATUTE, OR REGULATIONS HAVING THE FORCE OF STATUTES, AN APPOINTEE MUST BEAR THE EXPENSES OF HIS TRAVEL FROM THE PLACE WHERE THE DEFINITE NOTICE OF HIS APPOINTMENT REACHES HIM TO THE FIRST OFFICIAL HEADQUARTERS OF HIS NEW POSITION. 4 COMP. DEC. 629. THE REASON FOR THIS RULE IS THAT THE PLACING OF ONESELF AT THE PLACE WHERE HIS WORK REQUIRED HIM TO BE IS AN INCIDENT OF QUALIFYING FOR EMPLOYMENT, AND THAT TO SHIFT SUCH EXPENSE TO THE UNITED STATES WOULD RESULT IN THE PAYMENT OF ADDITIONAL COMPENSATION NOT ALLOWED BY LAW. SEE 22 COMP. GEN. 869.
HOWEVER, IN VIEW OF THE PROVISIONS OF 36 U.S.C. 746 (A) WHICH AUTHORIZE THE COMMISSION TO EMPLOY AN EXECUTIVE DIRECTOR AND OTHER EMPLOYEES WITHOUT REGARD TO CIVIL SERVICE LAWS OR THE CLASSIFICATION ACT OF 1949, WE SEE NO REASON WHY THE COMPENSATION OF THE EXECUTIVE DIRECTOR DESIGNATE MAY NOT BE SO FIXED AS TO CONSIDER THE TRAVEL AND TRANSPORTATION EXPENSES TO WHICH YOUR LETTER REFERS AS A FACTOR IN ARRIVING AT THE TOTAL COMPENSATION. SEE, GENERALLY 36 COMP. GEN. 161, PARTICULARLY THE PARAGRAPH BEGINNING AT FOOT OF PAGE 162.