B-128423, JUL. 18, 1956

B-128423, JUL. 18, 1956

TO HONORABLE FRANKLIN G. FLOETE, ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

YOUR LETTER OF JUNE 26, 1956, REQUESTS OUR VIEWS ON FOUR CASES OF PROPOSED TRAINING OF SELECTED EMPLOYEES AT GOVERNMENT EXPENSE IN BOTH FEDERAL AND NON-FEDERAL FACILITIES. THE "OPERATING EXPENSES" APPROPRIATIONS OF THE SERVICE IN WHICH THE EMPLOYEES ARE ASSIGNED WOULD BE CHARGED WITH THE EXPENSES INCIDENT TO THE TRAINING.

IT IS NOTED THAT THE GENERAL SERVICES ADMINISTRATION DOES NOT HAVE ANY SPECIFIC STATUTORY AUTHORITY PERTAINING TO TRAINING OF EMPLOYEES AND THAT ITS BUDGET ESTIMATE FOR THE FISCAL YEAR 1957, SUBMITTED TO THE BUREAU OF THE BUDGET ON OCTOBER 3, 1955, PROPOSED THAT LANGUAGE BE ADDED TO THE GENERAL PROVISIONS OF THE APPROPRIATION BILL TO AUTHORIZE "ALL NECESSARY EXPENSES OF EMPLOYEES ASSIGNED OR DETAILED TO FEDERAL OR NON-FEDERAL FACILITIES FOR INSTRUCTION OR TRAINING WHERE DEEMED ESSENTIAL TO GENERAL SERVICES ADMINISTRATION ACTIVITIES.' HOWEVER, WE HAVE BEEN INFORMALLY ADVISED THAT THIS LANGUAGE WAS OMITTED FROM THE PROPOSED BILL WHICH BECAME THE INDEPENDENT OFFICES APPROPRIATION ACT, 1957, 70 STAT. 339, BECAUSE OF THE PENDING BILLS IN CONGRESS TO AUTHORIZE THE TRAINING OF FEDERAL EMPLOYEES AT PUBLIC OR PRIVATE FACILITIES. THEREFORE, THE PROPOSED TRAINING WOULD NECESSARILY HAVE TO BE CONSIDERED UNDER THE GENERAL PROVISIONS OF THE ABOVE APPROPRIATION ACT.

IN OUR DECISION B-127390, MAY 11, 1956, 35 COMP. GEN. 639, WE STATED:

"* * * WE HAVE FOLLOWED CONSISTENTLY, EXCEPT FOR SUFFICIENTLY COMPELLING REASONS (34 COMP. GEN. 587), THE ESTABLISHED RULE THAT APPROPRIATIONS MADE IN GENERAL TERMS FOR PARTICULAR PURPOSES MAY BE USED FOR THE PAYMENT OF TUITION AND EXPENSES INCIDENT TO THE TRAINING OF SELECTED CIVILIAN EMPLOYEES IN SPECIALIZED COURSES OF INSTRUCTION OF BRIEF DURATION AT PRIVATE INSTITUTIONS WHEN IT IS ADMINISTRATIVELY DETERMINED THAT THE INSTRUCTION IS DIRECTLY CONNECTED WITH AND ESSENTIAL TO THE FULFILLMENT OF THE PURPOSES FOR WHICH THE APPROPRIATION IS MADE. SEE 34 COMP. GEN. 168; 32 ID. 339; AND 31 ID. 623. THESE DECISIONS COVER A PERIOD OF ONE OR TWO WEEKS OF TRAINING FOR A SPECIFIC AND EXISTING ADMINISTRATIVE NEED AS DISTINGUISHED FROM GENERAL TRAINING OF EXPECTED FUTURE BENEFITS TO AN AGENCY. * * *"

WE WILL THEREFORE APPLY THIS RULE TO THE CASES SUBMITTED BY YOU.

THE FIRST CASE PROPOSES THE ASSIGNMENT OF AN EMPLOYEE TO THE TEN MONTHS' ECONOMIC MOBILIZATION COURSE OF THE INDUSTRIAL COLLEGE OF THE ARMED FORCES. YOU SAY THE ESTABLISHED COURSE OF INSTRUCTION AT THE INDUSTRIAL COLLEGE IS NOT ONLY APPROPRIATE BUT ESSENTIAL TO THE CONTINUITY OF PROFESSIONAL LEADERSHIP IN THE FEDERAL SERVICE AND TO THE MAINTENANCE OF EFFECTIVE WORKING RELATIONSHIPS WITH THE DEFENSE AGENCIES. IT OFFERS HIGHLY SPECIALIZED AND CONCENTRATED TRAINING TO PREPARE SELECTED MILITARY OFFICERS AND CIVILIAN OFFICIALS FOR IMPORTANT COMMAND, STAFF AND PLANNING ASSIGNMENTS IN ECONOMIC MANAGEMENT OF THE FEDERAL GOVERNMENT. MAJOR ATTENTION IS GIVEN TO THE POLITICAL, PSYCHOLOGICAL AND ECONOMIC INTERRELATIONSHIPS BETWEEN MILITARY POWER AND THE CIVILIAN ECONOMY.

IT IS CLEAR THAT A TEN MONTHS' TRAINING PERIOD MAY NOT BE REGARDED AS OF BRIEF DURATION AS THAT TERM IS USED IN THE ESTABLISHED RULE. ALSO, WHILE THE COURSE MAY BE DESIRABLE FROM AN ADMINISTRATIVE VIEW AND MIGHT ULTIMATELY RESULT IN THE CONTINUITY OF PROFESSIONAL LEADERSHIP IN THE FEDERAL SUPPLY SERVICE AND TO THE MAINTENANCE OF EFFECTIVE WORK AND LEADERSHIP WITH THE DEFENSE AGENCIES, SUCH FACTS DO NOT MAKE IT SO ESSENTIAL TO THE PROPER PERFORMANCE OF THE EMPLOYEE'S DUTIES AS TO OBVIATE THE NECESSITY FOR SPECIFIC APPROVAL OF SUCH TRAINING BY THE CONGRESS. ACCORDINGLY, IT IS OUR VIEW THAT THE GENERAL SERVICES ADMINISTRATION APPROPRIATION FOR THE FISCAL YEAR 1957 IS NOT AVAILABLE FOR TRAINING EMPLOYEES IN THE TEN MONTHS' ECONOMIC MOBILIZATION COURSE OF THE INDUSTRIAL COLLEGE OF THE ARMED FORCES.

THE SECOND CASE CONCERNS THE TRAINING IN AIR CONDITIONING OF MECHANICAL ENGINEERS AND MECHANICS AND IT MUST BE CONSIDERED IN TWO PARTS: (1) THE TRAINING OF PRESENT EMPLOYEES AND (2) THE TRAINING OF NEW EMPLOYEES. YOU SAY THAT YOU DO NOT HAVE THE NUMBER OF TRAINED ENGINEERS AND TECHNICIANS REQUIRED TO CARRY OUT THE $18,000,000 PROVISION IN THE INDEPENDENT OFFICES APPROPRIATION ACT, 1957, TO BEGIN THE INSTALLATION OF AIR CONDITIONING IN GENERAL SERVICES ADMINISTRATION CONTROLLED BUILDINGS. YOU THEREFORE PROPOSE TO GIVE A SIX-WEEKS TRAINING COURSE AT A REPUTABLE AIR CONDITIONING FIRM TO YOUR PRESENTLY QUALIFIED MECHANICAL ENGINEERS. ALSO, YOU PROPOSE TO GIVE SIMILAR SHORT COURSES IN AIR CONDITIONING MAINTENANCE AND REPAIR AT VARIOUS PRIVATE INSTITUTIONS TO SELECTED MECHANICS ALREADY IN YOUR EMPLOY.

IT IS CLEAR THAT A COURSE OF SPECIAL TRAINING EXTENDING OVER A PERIOD OF SIX WEEKS MAY NOT BE REGARDED AS OF BRIEF DURATION AS THAT TERM IS USED IN THE REFERRED-TO ESTABLISHED RULE OF ONE OR TWO WEEKS' DURATION, AND, THEREFORE, EXCEPTIONS TO SUCH RULE MUST BE FOR SUFFICIENTLY COMPELLING REASONS. SEE 34 COMP. GEN. 587. IN THE PRESENT CASE THE NEED FOR TRAINING ENGINEERS AND TECHNICIANS IN AIR CONDITIONING AROSE FROM THE LARGE INCREASE IN THE INSTALLATION OF AIR CONDITIONING IN GENERAL SERVICES ADMINISTRATION CONTROLLED BUILDINGS IMPOSED BY THE CONGRESS ON YOUR ADMINISTRATION BY THE INDEPENDENT OFFICES APPROPRIATION ACT OF 1957. YOU SAY AIR CONDITIONING ON THIS SCALE IS A NEW UNDERTAKING FOR THE PUBLIC BUILDINGS SERVICE AND YOU DO NOT HAVE THE NUMBER OF TRAINED ENGINEERS AND TECHNICIANS REQUIRED TO CARRY OUT THE PROGRAM. YOU ALSO SAY THAT EXPANSION IN THE AIR CONDITIONING INDUSTRY IN THE LAST FEW YEARS HAS BEEN SO GREAT THAT A SHORTAGE EXISTS IN QUALIFIED EMPLOYEES IN THIS FIELD. TAKING THESE FACTS INTO CONSIDERATION, PLUS THE FACT THAT IT HAS BEEN DETERMINED ADMINISTRATIVELY THAT THE SPECIAL TRAINING OF THE SELECTED PERSONNEL IS NECESSARY TO CARRY OUT THE INCREASED WORK IN AIR CONDITIONING IMPOSED ON YOUR ADMINISTRATION BY THE CONGRESS, WE WILL NOT QUESTION EXPENDITURES FROM THE CITED APPROPRIATIONS INCIDENT TO THESE EMPLOYEES ATTENDING THE PROPOSED TRAINING COURSES.

THE SECOND PART OF CASE 2 PROPOSES TO EMPLOY MECHANICAL OR OTHER ENGINEERS WITHOUT AIR CONDITIONING BACKGROUND AND IMMEDIATELY SEND THEM TO THE TRAINEE PROGRAM DESCRIBED ABOVE ON THE SAME BASIS AS YOUR PRESENT EMPLOYEES. YOU PROPOSE TO DO THIS BECAUSE YOU SAY IT WILL NOT BE POSSIBLE TO RECRUIT A SUFFICIENT NUMBER OF FULLY QUALIFIED AIR CONDITIONING ENGINEERS TO MEET YOUR NEEDS. WE HAVE CONSISTENTLY HELD THAT A CANDIDATE FOR A GOVERNMENT POSITION IS RESPONSIBLE FOR HIS OWN BASIC EDUCATION AND TRAINING AND ANY EXPENSES INCIDENT TO HIS QUALIFYING FOR HIS POSITION ARE PERSONAL EXPENSES TO BE BORNE BY HIM RATHER THAN CHARGEABLE TO PUBLIC FUNDS. SEE 35 COMP. GEN. 375; 16 ID. 850. ACCORDINGLY, IT IS OUR VIEW THAT THE CITED APPROPRIATIONS ARE NOT AVAILABLE FOR AIR CONDITION TRAINING OF MECHANICAL OR OTHER ENGINEERS RECRUITED FOR THIS PURPOSE.

THE THIRD CASE CONCERNS REAL ESTATE APPRAISAL TRAINING. YOU STATE THAT:

"IN THE PAST FEW YEARS, REAL ESTATE APPRAISAL HAS BECOME INCREASINGLY PROFESSIONAL. WHILE THE PRINCIPLES HAVE REMAINED STABLE, THE METHODS OF APPLYING THESE TO SPECIFIC SITUATIONS AND OF VALIDATING THE RESULTS HAVE UNDERGONE DEVELOPMENT AND FORMALIZATION. THE PRIVATE APPRAISERS, WHO DO MOST OF THE PUBLIC BUILDINGS SERVICE APPRAISAL WORK, ARE REQUIRED BY OUR CURRENT INSTRUCTIONS TO USE THESE MODERN TECHNIQUES, YET OUR REAL ESTATE OFFICERS, WHO MUST EVALUATE THE PRIVATE APPRAISALS IN REACHING THEIR OWN DETERMINATIONS OF THE FAIR MARKET VALUE, HAVE IN MOST CASES NOT HAD ANY INSTRUCTION IN THE NEW METHODOLOGY. I CONSIDER IT ESSENTIAL TO THE MISSION OF THE PBS THAT TRAINING IN THIS FIELD BE MADE AVAILABLE TO THE REAL ESTATE OFFICERS WHO NEED IT.'

YOU PLAN TO SEND APPROXIMATELY 20 REAL ESTATE OFFICERS TO A TWO WEEKS INTENSIVE COURSE IN REAL ESTATE APPRAISAL GIVEN BY THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS IN A LIMITED NUMBER OF COLLEGES THROUGHOUT THE UNITED STATES. THIS TRAINING APPEARS TO FALL WITHIN THE ESTABLISHED RULE. IT IS FOR A PERIOD OF TWO WEEKS AND IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT IT IS DIRECTLY CONNECTED WITH AND ESSENTIAL TO THE FULFILLMENT OF THE PURPOSES FOR WHICH THE APPROPRIATION IS MADE. IT ALSO APPEARS THAT THE TRAINING IS FOR A SPECIFIC AND EXISTING ADMINISTRATIVE NEED AS DISTINGUISHED FROM GENERAL TRAINING OF EXPECTED FUTURE BENEFITS. THEREFORE, WE WILL NOT QUESTION EXPENDITURES FROM THE CITED APPROPRIATION INCIDENT TO THESE EMPLOYEES ATTENDING THE PLANNED TRAINING COURSES.

THE FOURTH CASE INVOLVES MANAGEMENT TRAINING. YOU REQUEST A DISCUSSION AND APPLICATION OF THE ESTABLISHED RULE IN COURSES OF TRAINING IN THE MANAGEMENT SKILLS. IT IS OUR VIEW GENERALLY THAT WHILE RESEARCH AND STUDY IN THIS FIELD MAY BE DESIRABLE FROM AN ADMINISTRATIVE VIEW AND MIGHT ULTIMATELY RESULT IN THE EMPLOYEES GIVING MORE EFFECTIVE LEADERSHIP IN THEIR FIELD, THESE FACTS DO NOT MAKE SUCH RESEARCH SO ESSENTIAL TO THE PROPER PERFORMANCE OF THEIR DUTIES AS TO OBVIATE THE NECESSITY FOR SPECIFIC APPROVAL BY THE CONGRESS. THE EXAMPLE WHICH YOU GIVE AS AN ILLUSTRATION OF THE TYPE OF MANAGEMENT TRAINING CONCERNS THE TRAINING OF SUPPLY SPECIALISTS IN A TWO WEEKS' ,INTRODUCTION TO MANAGEMENT SCIENCES" COURSE GIVEN BY THE ENGINEERING COLLEGE OF THE UNIVERSITY OF MICHIGAN. YOU SAY "WE CANNOT POSITIVELY ASSERT THAT THIS TRAINING WILL PRODUCE A PARTICULAR CONCRETE RESULT, YET WE BELIEVE IT IMPORTANT THAT OUR TOP-LEVEL OPERATING AND PLANNING OFFICIALS BE GIVEN THE BENEFIT OF ANY NEW IDEAS AND TECHNIQUES WHICH MAY ASSIST THEM IN IMPROVING THEIR OPERATIONS.' INDICATED IN OUR ABOVE VIEWS THIS TYPE OF TRAINING DOES NOT COVER A SPECIFIC AND EXISTING ADMINISTRATIVE NEED SO ESSENTIAL AS TO OBVIATE THE NECESSITY FOR SPECIFIC APPROVAL OF SUCH TRAINING BY THE CONGRESS. ACCORDINGLY, IT IS OUR VIEW THAT THE CITED APPROPRIATIONS ARE NOT AVAILABLE FOR EXPENSES INCIDENT TO THEIR TYPE OF TRAINING COURSE.