B-135122, MAR. 14, 1958

B-135122: Mar 14, 1958

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OUR DECISIONS IS ASKED UPON THE FOLLOWING QUESTIONS: "/1) MAY EACH PERIOD OF SUMMER EMPLOYMENT OF STUDENT TRAINEES TRANSPORTED TO ALASKA FROM THE UNITED STATES BE CONSIDERED AS NEW EMPLOYMENT WITHIN THE PROVISIONS OF SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT SINCE THE DURATION OF EACH PERIOD OF EMPLOYMENT IS LIMITED TO A SPECIFIC PERIOD? "/2) IF THE ANSWER TO QUESTION NUMBER 1 IS IN THE NEGATIVE. MAY THE COLLEGE EACH STUDENT TRAINEE IS ATTENDING BE CONSIDERED ASA STATION SINCE SUCH ATTENDANCE IS A REQUIREMENT OF THE STUDENT TRAINEE PROGRAM. THUS PERMITTING THE PAYMENT OF TRAVEL EXPENSE UNDER SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT? "/3) IF THE QUESTIONS TO (1) AND (2) ARE IN THE NEGATIVE.

B-135122, MAR. 14, 1958

TO THE SECRETARY OF THE INTERIOR:

ON FEBRUARY 3, 1958, THE ADMINISTRATIVE ASSISTANT SECRETARY REQUESTED OUR DECISION CONCERNING THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF STUDENT TRAINEES RECRUITED IN UNITED STATES (1) IN RETURNING TO THE CONTINENTAL UNITED STATES FROM ALASKA WHEN FURLOUGHED AND (2) IN RETURNING TO ALASKA AFTER FURLOUGH FOR ANOTHER PERIOD OF SERVICE. OUR DECISIONS IS ASKED UPON THE FOLLOWING QUESTIONS:

"/1) MAY EACH PERIOD OF SUMMER EMPLOYMENT OF STUDENT TRAINEES TRANSPORTED TO ALASKA FROM THE UNITED STATES BE CONSIDERED AS NEW EMPLOYMENT WITHIN THE PROVISIONS OF SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT SINCE THE DURATION OF EACH PERIOD OF EMPLOYMENT IS LIMITED TO A SPECIFIC PERIOD?

"/2) IF THE ANSWER TO QUESTION NUMBER 1 IS IN THE NEGATIVE, MAY THE COLLEGE EACH STUDENT TRAINEE IS ATTENDING BE CONSIDERED ASA STATION SINCE SUCH ATTENDANCE IS A REQUIREMENT OF THE STUDENT TRAINEE PROGRAM, THUS PERMITTING THE PAYMENT OF TRAVEL EXPENSE UNDER SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT?

"/3) IF THE QUESTIONS TO (1) AND (2) ARE IN THE NEGATIVE, IS THERE ANY AUTHORITY THAT WOULD PERMIT PAYMENT OF THE TRAVEL EXPENSES OF SUCH STUDENT TRAINEES?

THE LETTER OF FEBRUARY 3 POINTS OUT THAT YOUR DEPARTMENT DESIRES TO EMPLOY STUDENT TRAINEES (FISHERY BIOLOGY) IN ALASKA. A STUDENT TRAINEE PROGRAM HAS BEEN DEVELOPED TO ATTRACT TO THE THE FEDERAL SERVICE COLLEGE STUDENTS IN THE PROFESSIONAL FIELDS FOR WHICH THERE IS A SHORTAGE OF APPLICANTS. SUCH A SHORTAGE EXISTS IN THE FISH AND WILDLIFE SERVICE IN ALASKA AND CANNOT BE MET FROM SOURCES IN ALASKA. THEREFORE, IT HAS BEEN DETERMINED ADMINISTRATIVELY THAT IT IS IN THE INTEREST OF THE GOVERNMENT TO RECRUIT SUCH TRAINEES IN THE CONTINENTAL UNITED STATES. THESE EMPLOYEES WILL BE GIVEN CAREER-CONDITIONAL APPOINTMENTS. PERSONS APPOINTED TO SUCH POSITIONS WILL PARTICIPATE IN ON-THE-JOB TRAINING IN ALASKA, UNDER THE FISH AND WILDLIFE SERVICE, FOR APPROXIMATELY FOUR MONTHS EACH SUMMER. AFTER THE SUMMER ON-THE-JOB TRAINING THEY WILL BE PLACED ON FURLOUGH UNTIL THE FOLLOWING SUMMER TO PURSUE REGULAR SCHOLASTIC TRAINING AT AN ACCREDITED COLLEGE OR UNIVERSITY IN THE CONTINENTAL UNITED STATES. THE ON-THE-JOB TRAINING USUALLY WILL NOT EXCEED A TOTAL OF THREE SUCH PERIODS. SUCCESSFUL COMPLETION OF EACH PERIOD OF SCHOLASTIC WORK IS REQUIRED FOR PROMOTION TO THE NEXT HIGHER GRADE. UPON FINAL SUCCESSFUL COMPLETION OF THE ON THE-JOB TRAINING AND THE SCHOLASTIC WORK THE EMPLOYEES WILL, UNDER THE ORIGINAL CAREER-CONDITIONAL APPOINTMENTS, BE REASSIGNED OR PROMOTED TO APPROPRIATE POSITIONS WITHOUT FURTHER CIVIL SERVICE EXAMINATION.

5 U.S.C. 73B-3 (SECTION 7, ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 64 STAT. 985) PERMITS PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES UPON NEW APPOINTMENT TO A POST OF DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND EXPENSES OF RETURN TO PLACE OF RESIDENCE IN THE CONTINENTAL UNITED STATES UPON SEPARATION PROVIDED THE OTHER CONDITIONS OF THE STATUTE ARE SATISFIED. IN VIEW OF THE SPECIFIC REQUIREMENTS OF 5 U.S.C. 73B-3, OF A NEW APPOINTMENT AND SEPARATION WHICH, SO FAR AS THE TRAVEL AND TRANSPORTATION IN QUESTION, ARE NOT MET BY THE FACTS ENUMERATED ABOVE, YOUR FIRST QUESTION MUST BE ANSWERED IN THE NEGATIVE. CF. 37 COMP. GEN. 203.

5 U.S.C. 73B-1 AND THE REGULATIONS ISSUED PURSUANT THERETO--- EXECUTIVE ORDER NO. 9805, AS AMENDED--- PERMITS PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES OF EMPLOYEES UPON TRANSFER FROM ONE OFFICIAL STATION TO ANOTHER FOR PERMANENT DUTY. SINCE THE STUDENT TRAINEES, WHILE IN A FURLOUGH STATUS PURSUING SCHOLASTIC WORK, AS CONTRASTED TO THE ON-THE-JOB EMPLOYMENT, WILL BE COMPLETELY OUTSIDE THE SUPERVISION OF, AND WILL BE PERFORMING NO SERVICE FOR, THE GOVERNMENT DURING SUCH PERIOD, ALTHOUGH HOLDING CAREER-CONDITIONAL APPOINTMENTS, BUT INSTEAD ACTUALLY WILL BE PURSUING SCHOLASTIC WORK FOR THEIR PERSONAL BENEFIT, WE SEE NO PROPER BASIS FOR CONSIDERING THE COLLEGES OR UNIVERSITIES BEING ATTENDED AS AN OFFICIAL STATION WITHIN THE PURVIEW OF THE FOREGOING STATUTORY PROVISION AND THE APPLICABLE REGULATIONS. THEREFORE, YOUR SECOND QUESTION IS ALSO ANSWERED IN THE NEGATIVE.

CONCERNING YOUR THIRD QUESTION, WE HAVE TO ADVISE THAT WE KNOW OF NO EXISTING AUTHORITY THAT WOULD PERMIT PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES HERE INVOLVED OF SUCH STUDENT TRAINEES UNDER THE ENUMERATED FACTS.