B-164218, JUN. 10, 1968

B-164218: Jun 10, 1968

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IS INCLUDED IN THE TOTAL VOUCHERED AMOUNT. THE DOUBT WITH RESPECT TO THE CERTIFICATION OF THE VOUCHER IS SAID TO ARISE FROM THE QUESTION WHETHER THE FEES INVOLVED ARE WITHIN THE PURVIEW OF SECTION 10.4D OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS OTHERWISE APPLICABLE TO FEES PAYABLE INCIDENT TO OFFICIAL TRAVEL OVERSEAS. PAUL CONTEMPLATED FILING A DECLARATION OF INTENT TO APPLY FOR CITIZENSHIP IN THE UNITED STATES AND THUS WE CONCLUDE THAT THE FEES FOR VISAS AS WELL AS THOSE INCURRED FOR MEDICAL EXAMINATIONS WERE FOR THE DUAL PURPOSES OF EMIGRATION AND THE ACCEPTANCE OF EMPLOYMENT IN THE CONTINENTAL UNITED STATES. THE TRANSMITTED FILE REFLECTS THAT MEDICAL EXAMINATIONS WERE REQUIRED AS A CONDITION PRECEDENT TO THE ISSUANCE OF THE VISAS AS WELL AS FOR A PREEMPLOYMENT DETERMINATION OF DR.

B-164218, JUN. 10, 1968

TO MR. R. P. HOGAN:

YOUR LETTER OF APRIL 29, 1968, REFERENCE AD571X12, ENCLOSING A VOUCHER FOR $240.40 IN FAVOR OF DR. ADOLPH K. PAUL, A CIVILIAN EMPLOYEE OF THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION, BOULDER, COLORADO, REQUESTS OUR DECISION WHETHER IT MAY BE CERTIFIED FOR PAYMENT.

THE VOUCHERED AMOUNT REPRESENTS EXPENSES INCURRED BY DR. PAUL IN GERMANY PRIOR TO HIS EMPLOYMENT BY THE GOVERNMENT FOR VISA APPLICATION FEES, $30; VISA ISSUANCE FEES, $120; AND MEDICAL EXAMINATIONS, $60, FOR HIMSELF AND MEMBERS OF HIS FAMILY. INCIDENTAL EXPENSE FOR MILEAGE IN THE AMOUNT OF $30.40 INCURRED BY DR. PAUL IN CONNECTION WITH THE PROCUREMENT OF THE VISAS, IS INCLUDED IN THE TOTAL VOUCHERED AMOUNT.

THE DOUBT WITH RESPECT TO THE CERTIFICATION OF THE VOUCHER IS SAID TO ARISE FROM THE QUESTION WHETHER THE FEES INVOLVED ARE WITHIN THE PURVIEW OF SECTION 10.4D OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS OTHERWISE APPLICABLE TO FEES PAYABLE INCIDENT TO OFFICIAL TRAVEL OVERSEAS.

IT APPEARS FROM THE RECORD THAT DR. PAUL CONTEMPLATED FILING A DECLARATION OF INTENT TO APPLY FOR CITIZENSHIP IN THE UNITED STATES AND THUS WE CONCLUDE THAT THE FEES FOR VISAS AS WELL AS THOSE INCURRED FOR MEDICAL EXAMINATIONS WERE FOR THE DUAL PURPOSES OF EMIGRATION AND THE ACCEPTANCE OF EMPLOYMENT IN THE CONTINENTAL UNITED STATES.

THE TRANSMITTED FILE REFLECTS THAT MEDICAL EXAMINATIONS WERE REQUIRED AS A CONDITION PRECEDENT TO THE ISSUANCE OF THE VISAS AS WELL AS FOR A PREEMPLOYMENT DETERMINATION OF DR. PAUL'S FITNESS FOR DUTY AS PROVIDED BY THE CIVIL SERVICE COMMISSION REGULATIONS. IN REGARD TO THE LATTER, THE FEDERAL PERSONNEL MANUAL, CHAPTER 339, SUBCHAPTER 3-26 (2), RELATING TO PREEMPLOYMENT MEDICAL EXAMINATIONS PROVIDES:

"THE COST OF A PHYSICAL EXAMINATION BY A DULY LICENSED PHYSICIAN MUST BE BORNE BY THE PROSPECTIVE APPOINTEE UNLESS THE AGENCY HAS AUTHORITY BY STATUTE OR IN AN APPROPRIATION ACT TO PAY THIS EXPENSE.'

ALSO, SEE 31 COMP. GEN. 465. CF. 5 U.S.C. 7901. DR. PAUL WAS INFORMED BY THE ADMINISTRATION PRIOR TO HIS EMPLOYMENT THAT THE MEDICAL EXAMINATIONS WERE TO BE AT HIS EXPENSE.

WE FIND NO AUTHORITY UNDER WHICH THE DEPARTMENT OF STATE OR THE IMMIGRATION AND NATURALIZATION SERVICE COULD ASSUME THIS EXPENSE. NEITHER ARE WE AWARE OF ANY STATUTE OR APPROPRIATION ACT UNDER WHICH PAYMENT FOR PREEMPLOYMENT MEDICAL EXAMINATION COULD BE AUTHORIZED BY THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION.

THE FEES FOR THE APPLICATION AND ISSUANCE OF THE VISAS AND THE NECESSARY TRAVEL PERFORMED IN PROCURING THEM CANNOT BE ENTIRELY DISASSOCIATED FROM THE PROSPECTIVE EMPLOYMENT OF DR. PAUL AND HIS TRAVEL TO THE UNITED STATES FOR THE PURPOSE OF ENTERING UPON DUTY. THEREFORE, IF THE TRAVEL AND TRANSPORTATION OF DR. PAUL, HIS IMMEDIATE FAMILY AND HIS HOUSEHOLD GOODS AND EFFECTS FROM HIS PLACE OF RESIDENCE IN GERMANY TO BOULDER, COLORADO, OTHERWISE IS AUTHORIZED WE WOULD INTERPOSE NO OBJECTION TO THE REIMBURSEMENT OF EXPENSE INCURRED BY DR. PAUL IN CONNECTION WITH THE VISAS.

WE ASSUME THAT THE TRAVEL AND TRANSPORTATION ALLOWED DR. PAUL OR ON HIS BEHALF BETWEEN GOTTINGEN-NIKOLAUSBERG, WEST GERMANY, AND BOULDER, COLORADO, WAS INTENDED TO BE AUTHORIZED UNDER THE PROVISIONS OF 5 U.S.C. 5723, AND THAT THE POSITION OF PHYSICIST (PHYS/ATMOS) TO WHICH HE WAS APPOINTED IS ONE FOR WHICH THE CIVIL SERVICE COMMISSION HAS DETERMINED THAT THERE IS A MANPOWER SHORTAGE.

IF OUR UNDERSTANDING IN THAT REGARD BE CORRECT THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT OF THE VISA EXPENSES IN ACCORD WITH THE FOREGOING.

IF A DETERMINATION BY THE CIVIL SERVICE COMMISSION UNDER 5 U.S.C. 5723 IS NECESSARY TO COMPLETE THE RECORD, THE COMMISSION MAY BE ADVISED THAT OUR OFFICE WOULD INTERPOSE NO OBJECTION IN THIS CASE TO ITS DETERMINATION NOW OF THE QUESTION WHETHER A MANPOWER SHORTAGE EXISTED CONCERNING THE POSITION TO WHICH DR. PAUL WAS APPOINTED AT THE TIME OF HIS APPOINTMENT.