B-161599, JUN. 29, 1967

B-161599, JUN. 29, 1967

TO THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE:

WE REFER TO THE LETTER OF THE ACTING SECRETARY DATED MAY 22, 1967, WHICH REQUESTS OUR DECISION CONCERNING THE AUTHORITY TO PAY THE EMPLOYEES NAMED IN SUCH LETTER TRAVEL AND TRANSPORTATION EXPENSES INCIDENT TO REPORTING TO THEIR FIRST DUTY STATION UNDER THE OFFICE OF EDUCATION.

5 U.S.C. 5723 IS, IN PART, AS FOLLOWS:

"/A) UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE AND SUBJECT TO SUBSECTIONS (B) AND (C) OF THIS SECTION, AN AGENCY MAY PAY FROM ITS APPROPRIATIONS---

"/1) TRAVEL EXPENSES OF A NEW APPOINTEE, OR A STUDENT TRAINEE WHEN ASSIGNED ON COMPLETION OF COLLEGE WORK, TO A POSITION IN THE UNITED STATES FOR WHICH THE CIVIL SERVICE COMMISSION DETERMINES THERE IS A MANPOWER SHORTAGE; AND

"/2) TRANSPORTATION EXPENSES OF HIS IMMEDIATE FAMILY AND HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS TO THE EXTENT AUTHORIZED BY SECTION 5724 OF THIS TITLE; FROM HIS PLACE OF RESIDENCE AT THE TIME OF SELECTION OR ASSIGNMENT TO HIS DUTY STATION. * * *

"/B) AN AGENCY MAY PAY TRAVEL AND TRANSPORTATION EXPENSES UNDER SUBSECTION (A) OF THIS SECTION ONLY AFTER THE INDIVIDUAL SELECTED OR ASSIGNED AGREES IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR 12 MONTHS AFTER HIS APPOINTMENT OR ASSIGNMENT, UNLESS SEPARATED FOR REASONS BEYOND HIS CONTROL WHICH ARE ACCEPTABLE TO THE AGENCY CONCERNED. IF THE INDIVIDUAL VIOLATES THE AGREEMENT, THE MONEY SPENT BY THE UNITED STATES FOR THE EXPENSES IS RECOVERABLE FROM THE INDIVIDUAL AS A DEBT DUE THE UNITED STATES.'

IT IS REPORTED THAT EACH OF THE EMPLOYEES IN QUESTION WAS APPOINTED IN THE LATE SUMMER OR EARLY FALL OF 1966. IN THE INFORMAL NEGOTIATIONS PRIOR TO APPOINTMENT, EACH EMPLOYEE WAS INFORMED BY OFFICIALS OF THE OFFICE OF EDUCATION THAT HIS TRAVEL AND TRANSPORTATION EXPENSES TO HIS FIRST DUTY STATION IN WASHINGTON, D.C., WOULD BE PAID BY THE OFFICE OF EDUCATION IF HE ACCEPTED AN APPOINTMENT. UPON SUCH UNDERSTANDING EACH OF THE EMPLOYEES IN QUESTION ACCEPTED THE APPOINTMENT, TRAVELED TO WASHINGTON, D.C., AND ENTERED UPON DUTY.

THEREAFTER, THE CIVIL SERVICE COMMISSION WAS REQUESTED TO PLACE THE POSITIONS OF EDUCATION OFFICIAL AND EDUCATION SPECIALIST IN GS-1720-12 THROUGH 15, WASHINGTON, D.C., IN THE SHORTAGE CATEGORY CLASSIFICATION. THE REQUEST WAS APPROVED BY THE CIVIL SERVICE COMMISSION ON APRIL 5, 1967, AT WHICH TIME THE COMMISSION ADVISED THE OFFICE OF EDUCATION AS FOLLOWS:

"THE QUESTION OF RETROACTIVELY APPLYING THIS AUTHORITY TO THE FIVE EMPLOYEES IN THE ABOVE CATEGORIES MENTIONED IN YOUR LETTER IS A MATTER BETWEEN YOUR AGENCY AND THE GENERAL ACCOUNTING OFFICE. OUR ANALYSIS OF THE LABOR MARKET SHOWS THAT THE SHORTAGE OF QUALIFIED APPLICANTS IN THE FIELD OF EDUCATION OF THE HANDICAPPED HAS EXISTED FOR SOME TIME AND IS LIKELY TO CONTINUE IN THE FUTURE. I HOPE THIS INFORMATION WILL BE HELPFUL TO YOU.'

THE DOUBT IN THE MATTER WHICH PROMPTED THE REQUEST FOR DECISION ARISES BY REASON OF THE FACT THAT AT THE TIME THE TRAVEL AND TRANSPORTATION EXPENSES TO THE FIRST DUTY STATION WERE INCURRED THE CIVIL SERVICE COMMISSION HAD NOT YET INCLUDED THE POSITIONS IN QUESTION IN THE SHORTAGE CATEGORY CLASSIFICATION.

WE HAVE CONTACTED THE CIVIL SERVICE COMMISSION INFORMALLY CONCERNING THE CASES IN QUESTION AND THE COMMISSION HAS RE-EXAMINED CONDITIONS EXISTING AT THE TIME THE INDIVIDUALS WERE APPOINTED. THE COMMISSION NOW ADVISES THAT THE SAME CONDITIONS EXISTED AT THE TIME OF THE APPOINTMENTS AND AT THE TIME OF TRAVEL TO THE FIRST DUTY STATION OF THE INDIVIDUALS CONCERNED AS EXISTED WHEN THE COMMISSION PLACED THEIR POSITIONS IN THE SHORTAGE CATEGORY CLASSIFICATION. IT WAS THE VIEW OF THE COMMISSION THAT IF THE REQUEST FOR THE SHORTAGE CATEGORY CLASSIFICATION HAD BEEN SUBMITTED PRIOR TO THE APPOINTMENTS OF THE EMPLOYEES, THERE IS NO DOUBT, BASED UPON CONDITIONS AT THE TIME, THAT SUCH REQUEST WOULD HAVE BEEN GRANTED. APPARENTLY, SUCH A REQUEST HAD NOT PREVIOUSLY BEEN SUBMITTED BECAUSE OF A MISUNDERSTANDING.

UNDER THE CIRCUMSTANCES WE WOULD OFFER NO OBJECTION TO CERTIFICATION AND PAYMENT OF VOUCHERS COVERING THE TRAVEL AND TRANSPORTATION EXPENSES IN QUESTION PROVIDED THE EMPLOYEES EXECUTE AGREEMENTS IN WRITING TO REMAIN IN THE GOVERNMENT SERVICE FOR 12 MONTHS AFTER THEIR APPOINTMENTS.