B-134260, NOVEMBER 20, 1957, 37 COMP. GEN. 349

B-134260: Nov 20, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TRAVEL EXPENSES - PRIVATE PARTIES - WITHOUT COMPENSATION - RECRUITMENT PROBLEMS COLLEGE FACULTY MEMBERS WHO ARE REQUESTED TO PERFORM TRAVEL FOR CONSULTATION ON THE RECRUITMENT OF COLLEGE STUDENTS IN THE GOVERNMENT SERVICE MAY BE CONSIDERED AS RENDERING SERVICES TO THE GOVERNMENT AND MAY BE REGARDED AS "PERSONS SERVING WITHOUT COMPENSATION" WITHIN THE MEANING OF SECTION 5 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. YOUR COMMISSION IS OF THE OPINION THAT THE REQUESTING OF FACULTY MEMBERS TO TRAVEL TO FEDERAL AGENCIES FOR THE PURPOSE OF CONSULTATION ON RECRUITMENT MATTERS WOULD PROVIDE VALUABLE INFORMATION ON HOW BEST TO RECRUIT AMONG COLLEGE STUDENTS. WE HAVE LITTLE DOUBT THAT FACULTY MEMBERS WHO MIGHT TRAVEL TO GOVERNMENT AGENCIES AND CONFER WITH GOVERNMENT OFFICIALS UPON THESE MATTERS WOULD RENDER SERVICES TO THE GOVERNMENT.

B-134260, NOVEMBER 20, 1957, 37 COMP. GEN. 349

TRAVEL EXPENSES - PRIVATE PARTIES - WITHOUT COMPENSATION - RECRUITMENT PROBLEMS COLLEGE FACULTY MEMBERS WHO ARE REQUESTED TO PERFORM TRAVEL FOR CONSULTATION ON THE RECRUITMENT OF COLLEGE STUDENTS IN THE GOVERNMENT SERVICE MAY BE CONSIDERED AS RENDERING SERVICES TO THE GOVERNMENT AND MAY BE REGARDED AS "PERSONS SERVING WITHOUT COMPENSATION" WITHIN THE MEANING OF SECTION 5 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 5 U.S.C. 73B-2, SO AS TO BE ENTITLED TO PAYMENT FOR TRAVEL EXPENSES AND PER DIEM.

TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, NOVEMBER 20, 1957,*

ON OCTOBER 29, 1957, YOUR ACTING CHAIRMAN REQUESTED OUR DECISION UPON THE QUESTION WHETHER FEDERAL AGENCIES MAY PAY THE TRAVEL AND SUBSISTENCE EXPENSES OF COLLEGE FACULTY MEMBERS WHO, AT THE REQUEST OF OFFICIALS OF THOSE AGENCIES, PERFORM TRAVEL FOR THE PURPOSE OF CONSULTATION ON RECRUITMENT PROBLEMS.

THE LETTER STATES THAT YOUR COMMISSION HAS AUTHORIZED FEDERAL AGENCIES TO CONDUCT RECRUITING PROGRAMS, PARTICULARLY FOR SCIENTIFIC AND ENGINEERING POSITIONS, AND THAT AT THE PRESENT TIME SUCH AGENCIES SEND REPRESENTATIVES TO COLLEGES AND UNIVERSITIES TO CONFER WITH FACULTY MEMBERS ON RECRUITMENT PROBLEMS AND TO INTEREST NEW COLLEGE GRADUATES IN ACCEPTING POSITIONS IN THE GOVERNMENT SERVICE. YOUR COMMISSION IS OF THE OPINION THAT THE REQUESTING OF FACULTY MEMBERS TO TRAVEL TO FEDERAL AGENCIES FOR THE PURPOSE OF CONSULTATION ON RECRUITMENT MATTERS WOULD PROVIDE VALUABLE INFORMATION ON HOW BEST TO RECRUIT AMONG COLLEGE STUDENTS. ALSO, THESE VISITS WOULD BROADEN THE UNDERSTANDING OF FACULTY MEMBERS OF THE WORK PERFORMED BY GOVERNMENT AGENCIES SO THEY COULD BETTER ADVISE STUDENTS CONCERNING THE GOVERNMENT AS A CAREER. WE UNDERSTAND THAT YOUR COMMISSION HAS FOUND THAT FACULTY RECOMMENDATIONS PLAY AN IMPORTANT PART IN THE JOB CHOICE OF MANY COLLEGE GRADUATES.

THE DEPARTMENTAL CIRCULAR YOU CONTEMPLATE ISSUING ENCOURAGES AGENCIES TO REQUEST COLLEGE FACULTY MEMBERS TO TRAVEL TO GOVERNMENT INSTALLATIONS TO CONFER WITH APPROPRIATE AGENCY OFFICIALS ON RECRUITMENT PROBLEMS AND ADVISES THAT AGENCIES MAY FIND IT POSSIBLE TO PAY TRAVEL AND SUBSISTENCE TO SUCH FACULTY MEMBERS UNDER THE AUTHORITY OF SECTION 5 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-2. HOWEVER, PRIOR TO ISSUING SUCH CIRCULAR, YOU REQUEST OUR DECISION WHETHER SECTION 5 MAY BE REGARDED AS AUTHORITY FOR PAYMENT OF THE TRAVEL AND SUBSISTENCE IN QUESTION.

SECTION 5 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, AUTHORIZES, AMONG OTHER THINGS, TRANSPORTATION IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED, 5 U.S.C. 837, AND A PER DIEM IN LIEU OF SUBSISTENCE--- WITHIN THE MAXIMUM LIMITATION SPECIFIED IN SECTION 5- - TO "PERSONS SERVING WITHOUT COMPENSATION * * * WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS.'

AS INDICATED IN YOUR COMMISSION'S LETTER, THE TRAVEL AND CONSULTATION WOULD BE PERFORMED BY FACULTY MEMBERS SOLELY FOR THE BENEFIT OF THE GOVERNMENT. THEY WOULD SERVE GOVERNMENT AGENCIES BY FURNISHING ADVICE AND GUIDANCE TO THE AGENCIES ON MATTERS PERTAINING TO RECRUITMENT OF COLLEGE STUDENTS. ALSO, THEY WOULD BECOME BETTER ACQUAINTED WITH THE TYPE OF WORK, THE WORKING CONDITIONS, AND BENEFITS OFFERED PERSONS IN THE GOVERNMENT SERVICE AND, BY REASON THEREOF, WOULD BE BETTER ABLE TO ADVISE COLLEGE STUDENTS CONCERNING GOVERNMENT EMPLOYMENT. WE HAVE LITTLE DOUBT THAT FACULTY MEMBERS WHO MIGHT TRAVEL TO GOVERNMENT AGENCIES AND CONFER WITH GOVERNMENT OFFICIALS UPON THESE MATTERS WOULD RENDER SERVICES TO THE GOVERNMENT. WE THEREFORE FEEL THAT THEY PROPERLY MAY BE REGARDED AS "PERSONS SERVING WITHOUT COMPENSATION" WITHIN THE CONTEMPLATION OF SECTION 5 OF THE ADMINISTRATIVE EXPENSES ACT OF AUGUST 2, 1946, AS AMENDED. CONCLUDE THAT SUCH PERSONS MAY BE ALLOWED TRANSPORTATION AND A PER DIEM ALLOWANCE IN ACCORDANCE WITH THE AUTHORITY CONTAINED IN THAT SECTION.

IN THE PROPOSED DEPARTMENT CIRCULAR THE HEADNOTE TO 27 COMP. GEN. 183 IS QUOTED. WE SUGGEST THAT, RATHER THAN REFER TO THAT DECISION, YOU CITE AS AUTHORITY THIS DECISION, WHICH DEALS WITH THE SPECIFIC PROBLEM INVOLVED.