Scope of Professional Credentials Statute, B-302548, August 20, 2004

B-302548 Aug 20, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Pursuant to 5 U.S.C. 5757(a), federal agencies are authorized to use appropriated funds to pay an employees expenses to obtain professional credentials. However, an agency may pay only the expenses required to obtain the license or official certification needed to practice a particular profession, including licensing fees and examinations to obtain credentials. Accordingly, section5757(a) does not authorize the agency to pay for an employees membership in a professional association unless membership is a prerequisite to obtaining the professional license or certification. Under 5 U.S.C. 5946 payment for voluntary memberships in organizations of already-credentialed professionals is prohibited, and section 5757(a) does not provide any authority to pay such fees. View Decision B-302548, Scope of Professional Credentials Statute, August 20, 2004 Decision Matter of: Scope of Professional Credentials Statute File: B-302548 Date: August 20, 2004 DIGEST Pursuant to 5 U.S.C. 5757(a), federal agencies are authorized to use appropriated funds to pay an employees expenses to obtain professional credentials. However, an agency may pay only the expenses required to obtain the license or official certification needed to practice a particular profession, including licensing fees and examinations to obtain credentials. Accordingly, section5757(a) does not authorize the agency to pay for an employees membership in a professional association unless membership is a prerequisite to obtaining the professional license or certification. Under 5 U.S.C. 5946 payment for voluntary memberships in organizations of already-credentialed professionals is prohibited, and section 5757(a) does not provide any authority to pay such fees. DECISION Pursuant to 31 U.S.C. 3529(a), a certifying officer at the Department of Agricultures Risk Management Agency requested an advance decision whether section 5757(a) of title 5, United States Code, authorizes an agency to pay for an employees membership in a professional association if membership is not a requirement for obtaining a license or certification. Section 5757(a) allows federal agencies to use appropriated funds to pay the expenses of an employee to obtain professional credentials. As explained below, section5757(a) does not authorize agencies to pay for the membership of an employee in a professional association unless membership is a prerequisite for the employee to obtain required credentials, such as a license to practice a profession. Payment of the cost of voluntary membership in a group of professionals who are already credentialed is prohibited by 5U.S.C. 5946. BACKGROUND A Risk Management Agency employee asked the agency to pay for her Certified Public Accountant (CPA) license as well as membership in the California Society of Certified Public Accountants (CalCPA). Membership in CalCPA is voluntary and not a prerequisite to obtaining a CPA license. [1] In addition to the payment of a license fee, applicants for a CPA license in California have to meet certain education and experience requirements, pass the Uniform CPA Examination and the California Professional Ethics Examination, undergo a criminal history record check, and, once licensed, meet continuing education and license renewal requirements. See California Board of Accountancy, Information Handbook for the Certified Public Accountant Applicant, No.11A-54 (January 2004). [2] A Risk Management Agency certifying officer determined that the agency had the authority to pay the CPA license fee pursuant to 5 U.S.C. 5757(a), which reads in relevant part as follows: (a) An agency may use appropriated funds or funds otherwise available to the agency to pay for -- (1) expenses for employees to obtain professional credentials, including expenses for professional accreditation, State-imposed and professional licenses, and professional certification; and (2) examinations to obtain such credentials. Because the certifying officer was uncertain whether section 5757(a) applied to a membership fee that was not a condition of obtaining the CPA license, the certifying officer asked us for an advance decision under 31 U.S.C. 3529(a) whether section 5757(a) authorizes an agency to use appropriated funds for membership in a professional society or association if such membership is not a condition for obtaining the credentials required to practice that profession. ANALYSIS Professional Credentials Generally, personal expenses are not payable from appropriated funds absent specific statutory authority. B-261729, Apr. 1, 1996; 72 Comp. Gen. 225, 227 (1993). We have held that expenses necessary to qualify a government employee to do his or her job are personal expenses, and as such, are not chargeable to appropriated funds. 61 Comp. Gen.357 (1982).