Government Printing Office--Recruitment & Relocation Payments and Retention Allowances, B-301837, April 28, 2004

B-301837 Apr 28, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights The General Counsel of the Government Printing Office (GPO) has requested an advance decision under 31 U.S.C.3529 on whether GPO may use appropriated funds to provide recruitment and relocation payments and retention allowances to GPO employees hired under the Kiess Act, 44 U.S.C.305. As we explain below, GPO's broad authority to set wage and salary rates under the Kiess Act permits the Public Printer to make recruitment and relocation payments and retention allowances. Because of the close relationship between GPO and the Joint Committee on Printing (JCP), we suggest that GPO consult with JCP on its decision to make such payments. View Decision B-301837, Government Printing Office--Recruitment & Relocation Payments and Retention Allowances, April 28, 2004 Decision Matter of: Government Printing Office--Recruitment & Relocation Payments and Retention Allowances File: B-301837 Date: April 28, 2004 DIGEST In view of the broad authority under the Kiess Act, 44 U.S.C. 305, to set the pay of Government Printing Office (GPO) employees, GPO may use appropriated funds to pay recruitment and relocation bonuses and retention allowances. Because of the close relationship between GPO and the Joint Committee on Printing (JCP), we suggest that GPO consult with JCP on its decision to make such payments. DECISION The General Counsel of the Government Printing Office (GPO) has requested an advance decision under 31 U.S.C. 3529 on whether GPO may use appropriated funds to provide recruitment and relocation payments and retention allowances to GPO employees hired under the Kiess Act, 44 U.S.C. 305. [1] As we explain below, GPO's broad authority to set wage and salary rates under the Kiess Act permits the Public Printer to make recruitment and relocation payments and retention allowances. Because of the close relationship between GPO and the Joint Committee on Printing (JCP), we suggest that GPO consult with JCP on its decision to make such payments. BACKGROUND GPO's authority to employ and pay employees is found at 44 U.S.C. 305 (the Kiess Act). That statute states, in part: "The Public Printer may employ journeymen, apprentices, laborers, and other persons necessary for the work of the Government Printing Office at rates of wages and salaries, including compensation for night and overtime work, he considers for the interest of the Government and just to the persons employed, except as otherwise provided by this section." The salaries of GPO employees are paid from two appropriations. Most GPO employees are paid from the GPO Revolving Fund. 44 U.S.C. 309. See Budget of United States Government, Fiscal Year 2005 Appendix at 44 (Government Printing Office, Intragovernmental Funds, Government Printing Office Revolving Fund). A small number of GPO employees are paid from annual appropriations for salaries and expenses for the Office of the Superintendent of Documents. Id . at 43. See Legislative Branch Appropriations Act, 2004, Pub. L. No. 108-83, Tit. I, 117 Stat. 1007, 1032 (2003). The GPO General Counsel believes that the Kiess Act, when coupled with the Public Printer's mandate "to take charge and manage the Government Printing Office," [2] allows the Public Printer to use these appropriated funds to provide recruitment and relocation bonuses and retention allowances to GPO employees. [3] Letter from Anthony J. Zagami, General Counsel, Government Printing Office, to Anthony H. Gamboa, General Counsel, General Accounting Office, Sept. 26, 2003. ANALYSIS The Congress has authorized the Office of Personnel Management (OPM) to permit the heads of executive branch and certain other agencies to make recruitment, relocation, and retention payments to federal employees. 5 U.S.C. 5753 (recruitment and relocation bonuses), 5754 (retention allowances). [4] However, sections 5753 and 5754 only authorize such payments for employees and positions that are subject to subchapter III of Chapter 53 of Title 5. 5 U.S.C. 5753(c)(2) and 5754(c)(2). Subchapter III of Chapter 53, in turn, applies only to employees and positions to which Chapter 51 of Title 5 applies. 5 U.S.C. 5331(b). Employees of GPO whose pay is fixed under 44 U.S.C. 305 (the Kiess Act) are excluded from coverage under Chapter 51, [5] and are therefore excluded from coverage under Subchapter III. [6] Since GPO employees who are governed by the Kiess Act are not covered by Chapter 51 or subchapter III of Chapter 53, they are ineligible to receive recruitment, relocation, or retention payments under sections 5753 and 5754. [7] We note Judge Miller's observation that "the overall statutory scheme addressing the compensation of GPO employees belies a paradigm of clarity . ..." Abramson v. United States , 40 Fed. Cl. 204, 214 (1998) (holding that 5 U.S.C. 5544(a), which governed the rate of overtime pay, applied to certain GPO employees paid on an annual basis).