B-148524, APR. 10, 1962

B-148524: Apr 10, 1962

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WEIN'S POSITION WAS NOT INCLUDED IN THE MANPOWER SHORTAGE LIST MAINTAINED UNDER THE PROVISIONS OF PUBLIC LAW 86-587. AT THE TIME THE TRAVEL WAS ACCOMPLISHED. FOR EXPENSES OF TRAVEL OF PERSONS APPOINTED * * * TO POSITIONS IN THE UNITED STATES FOR WHICH THERE IS DETERMINED BY THE CIVIL SERVICE COMMISSION TO BE A MANPOWER SHORTAGE. HIS FAMILY IS EXPECTED TO LEAVE EAST LANSING IN JUNE AT THE END OF THE SCHOOL YEAR. IT IS ANTICIPATED HIS HOUSEHOLD EFFECTS WILL BE MOVED TO HIS DUTY STATION IN THE SUMMER OF 1962. IT SEEMS THAT APPLICATION WAS MADE BY YOUR AGENCY TO THE CIVIL SERVICE COMMISSION FOR A RULING CONCERNING DR. WHILE IT IS NOT SHOWN THAT THE COMMISSION'S APPROVAL WAS RETROACTIVE. WEIN WAS INFORMED BEFORE ENTERING ON DUTY THAT YOUR AGENCY WOULD REIMBURSE HIM FOR HIS TRAVEL EXPENSES AND THE COST OF MOVING HIS HOUSEHOLD EFFECTS.

B-148524, APR. 10, 1962

TO MR. JOSEPH C. SWIDLER, CHAIRMAN:

YOUR LETTER OF MARCH 27, 1962, REQUESTS OUR DECISION WHETHER THE FEDERAL POWER COMMISSION MAY REIMBURSE DR. HAROLD H. WEIN, CHIEF OF THE OFFICE OF ECONOMICS OF THE COMMISSION, FOR TRAVEL EXPENSES INCURRED BY HIM IN REPORTING FROM HIS HOME IN EAST LANSING, MICHIGAN, TO HIS FIRST DUTY STATION, WASHINGTON, D.C. ALSO, YOU REQUEST A DETERMINATION CONCERNING THE LEGALITY OF PAYING FOR THE TRANSPORTATION OF HIS HOUSEHOLD EFFECTS. YOU SAY THAT NOTWITHSTANDING THE SHORTAGE OF QUALIFIED PEOPLE TO FILL THE JOB, DR. WEIN'S POSITION WAS NOT INCLUDED IN THE MANPOWER SHORTAGE LIST MAINTAINED UNDER THE PROVISIONS OF PUBLIC LAW 86-587, AT THE TIME THE TRAVEL WAS ACCOMPLISHED.

THE ACT OF JULY 5, 1960, PUBLIC LAW 86-587, 74 STAT. 327, PROVIDES IN PART AS FOLLOWS:

"/B) APPROPRIATION FOR THE DEPARTMENTS SHALL BE AVAILABLE IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, FOR EXPENSES OF TRAVEL OF PERSONS APPOINTED * * * TO POSITIONS IN THE UNITED STATES FOR WHICH THERE IS DETERMINED BY THE CIVIL SERVICE COMMISSION TO BE A MANPOWER SHORTAGE, AND FOR EXPENSES OF TRANSPORTATION OF THEIR IMMEDIATE FAMILIES AND THEIR HOUSEHOLD GOODS AND PERSONAL EFFECTS AND FOR ADVANCE OF FUNDS TO THE EXTENT AUTHORIZED BY SECTION 1 (A) AND (B) OF THIS ACT, FROM THEIR PLACES OF ACTUAL RESIDENCE AT TIME OF SELECTION OR PROMOTION TO THEIR DUTY STATION. * * * SUCH TRAVEL EXPENSES MAY INCLUDE PER DIEM AND MILEAGE ALLOWANCE AS PROVIDED FOR CIVILIAN OFFICERS AND EMPLOYEES BY THE TRAVEL EXPENSE ACT OF 1949, AS AMENDED. TRAVEL AND TRANSPORTATION EXPENSES MAY BE ALLOWED WHETHER THE PERSON SELECTED HAS BEEN APPOINTED OR NOT AT THE TIME OF SUCH TRAVEL. HOWEVER, THE TRAVEL AND TRANSPORTATION EXPENSES AUTHORIZED BY THIS SUBSECTION SHALL NOT BE ALLOWED UNLESS THE PERSON SELECTED OR PROMOTED SHALL AGREE IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR TWELVE MONTHS FOLLOWING HIS APPOINTMENT OR PROMOTION UNLESS SEPARATED FOR REASONS BEYOND HIS CONTROL AND ACCEPTABLE TO THE DEPARTMENT OR AGENCY CONCERNED. IN CASE OF VIOLATION OF SUCH AGREEMENT, ANY MONEYS EXPENDED BY THE UNITED STATES ON ACCOUNT OF SUCH TRAVEL AND TRANSPORTATION SHALL BE RECOVERABLE FROM THE INDIVIDUAL CONCERNED AS A DEBT DUE THE UNITED STATES.'

YOU SAY THAT DR. WEIN INITIALLY INTENDED TO ASSUME HIS POSITION WITH THE FEDERAL POWER COMMISSION IN JUNE 1962, BUT AT THE URGENT REQUEST OF THE COMMISSION HE AGREED TO ENTER ON DUTY ON JANUARY 5, 1962. HIS FAMILY IS EXPECTED TO LEAVE EAST LANSING IN JUNE AT THE END OF THE SCHOOL YEAR, AND IT IS ANTICIPATED HIS HOUSEHOLD EFFECTS WILL BE MOVED TO HIS DUTY STATION IN THE SUMMER OF 1962. IT SEEMS THAT APPLICATION WAS MADE BY YOUR AGENCY TO THE CIVIL SERVICE COMMISSION FOR A RULING CONCERNING DR. WEIN'S CASE, AND AS A RESULT THEREOF THE CIVIL SERVICE COMMISSION INCLUDED HIS POSITION ON THE MANPOWER SHORTAGE LIST ON FEBRUARY 7, 1962. WHILE IT IS NOT SHOWN THAT THE COMMISSION'S APPROVAL WAS RETROACTIVE, YOU POINT OUT THAT DR. WEIN WAS INFORMED BEFORE ENTERING ON DUTY THAT YOUR AGENCY WOULD REIMBURSE HIM FOR HIS TRAVEL EXPENSES AND THE COST OF MOVING HIS HOUSEHOLD EFFECTS, IF IT LEGALLY COULD DO SO. MOREOVER, BEARING IN MIND YOUR STATEMENT THAT THE SHORTAGE OF QUALIFIED PEOPLE FOR THE POSITION DID EXIST AT THE TIME DR. WEIN TRAVELED TO WASHINGTON, IT REASONABLY MAY BE ASSUMED THAT THE SITUATION AT THAT TIME WAS SUBSTANTIALLY THE SAME THEN AS WHEN THE CIVIL SERVICE COMMISSION RENDERED ITS RULING.

DUE TO THE PROXIMITY OF THE DATE OF HIS ENTRANCE ON DUTY AND YOUR AGENCY'S REQUEST TO AND THE CIVIL SERVICE COMMISSION'S APPROVAL OF THE THE JOB'S CATEGORY, AND BECAUSE OF THE EXIGENCIES INVOLVED, WE WILL OFFER NO OBJECTION TO THE APPROVAL AND PAYMENT OF DR. WEIN'S TRAVEL EXPENSES UPON HIS HAVING EXECUTED THE ONE YEAR AGREEMENT REQUIRED BY THE STATUTE.

ADDITIONALLY, SINCE THE POSITION IS NOW IN THE MANPOWER SHORTAGE CATEGORY, THE TRANSPORTATION OF DR. WEIN'S FAMILY AND HOUSEHOLD EFFECTS WOULD BE ALLOWABLE, IF OTHERWISE IN CONFORMITY WITH THE ABOVE-CITED ACT.