B-147878, APR. 20, 1970
Highlights
OF DEFENSE OF TRAVEL EXPENSES FOR PREEMPLOYMENT INTERVIEWS IN SHORTAGE AND IN TEMPORARY AND TERM APPOINTMENT CATEGORIES IS NOT BELIEVED TO BE WARRANTED INASMUCH AS CONGRESS HAS DECLINED TO SPECIFICALLY ENACT SUCH LEGISLATION FOR SHORTAGE PERSONNEL AND GAO DECISIONS HAVE PERMITTED SUCH PAYMENTS ONLY WHEN PARTICULAR AGENCY HAS COMPLETE SELECTION AND RECRUITMENT AUTHORITY. WHEREAS CSC MAY WITHDRAW AUTHORITY DELEGATED UNDER FPM 332 IN SHORTAGE CATEGORY PROGRAM IF ITS RULES AND PROCEDURES ARE NOT FOLLOWED. AUTHORITY DELEGATED TO AGENCIES IS LIKEWISE CONSIDERED INSUFFICIENT TO JUSTIFY SUCH PAYMENT. OUR DECISIONS HAVE NOT PERMITTED PAYMENT OF THE TRAVELING EXPENSES OF PROSPECTIVE EMPLOYEES FOR PREEMPLOYMENT INTERVIEWS UNLESS A PARTICULAR AGENCY HAS COMPLETE SELECTION AND RECRUITMENT AUTHORITY.
B-147878, APR. 20, 1970
TRAVEL EXPENSES--INTERVIEWS, QUALIFICATIONS, DETERMINATIONS, ETC.- MANPOWER SHORTAGE CATEGORY PERSONNEL PAYMENT BY DEPT. OF DEFENSE OF TRAVEL EXPENSES FOR PREEMPLOYMENT INTERVIEWS IN SHORTAGE AND IN TEMPORARY AND TERM APPOINTMENT CATEGORIES IS NOT BELIEVED TO BE WARRANTED INASMUCH AS CONGRESS HAS DECLINED TO SPECIFICALLY ENACT SUCH LEGISLATION FOR SHORTAGE PERSONNEL AND GAO DECISIONS HAVE PERMITTED SUCH PAYMENTS ONLY WHEN PARTICULAR AGENCY HAS COMPLETE SELECTION AND RECRUITMENT AUTHORITY, WHEREAS CSC MAY WITHDRAW AUTHORITY DELEGATED UNDER FPM 332 IN SHORTAGE CATEGORY PROGRAM IF ITS RULES AND PROCEDURES ARE NOT FOLLOWED. RESPECTING TEMPORARY AND TERM APPOINTMENTS, AUTHORITY DELEGATED TO AGENCIES IS LIKEWISE CONSIDERED INSUFFICIENT TO JUSTIFY SUCH PAYMENT. SEE COMP. GEN. DECS. CITED.
TO MR. SECRETARY:
ON JANUARY 29, 1970, THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER) REQUESTED OUR DECISION WHETHER THE LOGIC SET FORTH IN OUR DECISION AT 41 COMP. GEN. 482 (B-147878 DATED JANUARY 29, 1962), COULD APPLY SO AS TO PERMIT PAYMENT OF THE TRAVELING EXPENSES CONNECTED WITH PREEMPLOYMENT INTERVIEWS FOR POSITIONS IN SHORTAGE CATEGORIES AND THOSE INVOLVING TEMPORARY AND TERM APPOINTMENTS. THE ASSISTANT SECRETARY SAYS THE CIVIL SERVICE COMMISSION HAS DELEGATED ALMOST COMPLETE EVALUATION AND SELECTION AUTHORITY TO THE AGENCIES IN SUCH SITUATIONS.
AS INDICATED IN THE ASSISTANT SECRETARY'S LETTER, OUR DECISIONS HAVE NOT PERMITTED PAYMENT OF THE TRAVELING EXPENSES OF PROSPECTIVE EMPLOYEES FOR PREEMPLOYMENT INTERVIEWS UNLESS A PARTICULAR AGENCY HAS COMPLETE SELECTION AND RECRUITMENT AUTHORITY, A FUNCTION NORMALLY REPOSED IN THE CIVIL SERVICE COMMISSION FOR POSITIONS IN THE COMPETITIVE SERVICE. THE EXCEPTION TO THE GENERAL RULE AS STATED IN OUR DECISIONS AT 41 COMP. GEN 482 AND 40 ID. 221, CONCERNS POSITIONS WHICH ARE EXCEPTED FROM THE COMPETITIVE CIVIL SERVICE OR ARE OTHERWISE NOT SUBJECT TO ALL OF THE CIVIL SERVICE LAWS AND REGULATIONS GENERALLY.
THE AUTHORITY FOR RECRUITING EMPLOYEES FOR POSITIONS IN THE COMPETITIVE SERVICE (INCLUDING SHORTAGE CATEGORY POSITIONS) IS VESTED IN THE CIVIL SERVICE COMMISSION. HOWEVER, UNDER CHAPTER 332 OF THE FEDERAL PERSONNEL MANUAL (FPM), THE COMMISSION HAS AUTHORIZED THE DEPARTMENTS AND AGENCIES TO PERFORM CERTAIN OF ITS FUNCTIONS IN THAT RESPECT SO FAR AS CONCERNS SHORTAGE CATEGORY POSITIONS. AN EXAMINATION OF THE PERTINENT PROVISIONS OF FPM CHAPTER 332 INDICATES THAT AN AGENCY MAY ADOPT THE "SPECIAL RECRUITMENT PROGRAM FOR ELIGIBLES IN SHORTAGE OCCUPATIONS." THE COMMISSION MAY APPROVE THE REQUEST BUT SUCH APPROVAL IS CONTINGENT UPON THE AGENCY FOLLOWING THE PROCEDURES AND POLICIES OF THE COMMISSION. THE PROGRAM PERMITS EXPEDITIOUS EXAMINATION AND SELECTION OF ELIGIBLES BY THE AGENCY WITHOUT ESTABLISHMENT OF AND RESORT TO CIVIL SERVICE REGISTERS. THE MAIN FUNCTION OF THE PROGRAM IS TO BE PERFORMED THROUGH INTERAGENCY BOARDS (INTERAGENCY BOARDS OF UNITED STATES CIVIL SERVICE EXAMINERS). EMPLOYEE OF AN AGENCY CONCERNED MAY PERFORM A COMPETITIVE EXAMINING FUNCTION UNTIL HE HAS BEEN FORMALLY DESIGNATED BY THE COMMISSION AS A MEMBER OF THE APPROPRIATE INTERAGENCY BOARD.
AS REFLECTED ABOVE WE DO NOT BELIEVE THE RECRUITMENT AND SELECTION AUTHORITY PERFORMED BY AN AGENCY UNDER THE SHORTAGE CATEGORY PROGRAM IS AS COMPLETE AS IT IS WITH RESPECT TO THE SITUATION INVOLVED IN THE FOREGOING DECISIONS. HERE THE COMMISSION RETAINS PRIMARY RESPONSIBILITY AND THE AUTHORITY MAY BE WITHDRAWN BY THE COMMISSION IF ITS RULES AND PROCEDURES ARE NOT FOLLOWED. ACCORDINGLY, AND AS CONGRESS HAS ON SEVERAL OCCASIONS DECLINED TO ENACT PROPOSALS SPECIFICALLY AUTHORIZING EXPENSES OF PREEMPLOYMENT INTERVIEWS FOR SHORTAGE PERSONNEL WE DO NOT PERCEIVE ANY PROPER BASIS WHEREBY WE MAY DO SO BY DECISION.
REFERRING TO TEMPORARY AND TERM APPOINTMENTS, WE LIKEWISE DO NOT VIEW THE AUTHORITY DELEGATED TO AGENCIES AS SUFFICIENT TO WARRANT THE PAYMENT BY SUCH AGENCIES OF THE TRAVELING EXPENSES CONNECTED WITH PREEMPLOYMENT INTERVIEWS OF PROSPECTIVE APPOINTEES.