B-143811, SEP. 1, 1960

B-143811: Sep 1, 1960

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EXAMPLES OF THESE PROGRAMS ARE: FINANCIAL MANAGEMENT INSTITUTE. THIS TYPE OF PILOT OR DEMONSTRATION ACTIVITY IS CONSTRUED TO BE A CONTINUING RESPONSIBILITY OF THE COMMISSION FOR WHICH REIMBURSEMENT IS NOT APPROPRIATE. AS AGENCIES IDENTIFY THEIR CONTINUING TRAINING NEEDS A DEMAND IS BEING MADE ON THE COMMISSION TO CONTINUE COURSES IN SUCH SUBJECTS AS THOSE IN THE ABOVE PARAGRAPH. AFTER THEY ARE BEYOND THE DEVELOPMENT AND DEMONSTRATION STAGE. WE NOW HAVE ON HAND AGENCY APPLICATIONS FOR OVER SEVEN HUNDRED SPACES IN A COURSE IN AUTOMATIC DATA PROCESSING FOR MANAGERS AGAINST WHICH WE ONLY HAVE TWO HUNDRED AND FIFTY SPACES. IT WOULD HAVE TO BE REPEATED TWO MORE TIMES. AVAILABLE COMMISSION RESOURCES ARE FOR THE DEVELOPMENT.

B-143811, SEP. 1, 1960

TO MR. ROGER W. JONES, CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

ON AUGUST 22, 1960, YOU REQUESTED OUR DECISION CONCERNING THE PROPRIETY OF YOUR COMMISSION'S CONDUCTING TRAINING COURSES FOR THE BENEFIT OF OTHER AGENCIES UPON A REIMBURSABLE BASIS. YOU SAY---

"* * * IN CARRYING OUT ITS FUNCTION OF PROMOTING AND COORDINATING TRAINING, INCLUDING TRAINING OUTSIDE THE FIELDS IN WHICH THE COMMISSION OPERATES, THE COMMISSION HAS USED ITS RESOURCES TO PLAN, DEVELOP, AND CONDUCT TRAINING PROGRAMS ON A DEMONSTRATION OR PILOT BASIS WHERE THERE HAS BEEN AN EXPRESSION OF JOINT NEEDS AMONG AGENCIES. EXAMPLES OF THESE PROGRAMS ARE: FINANCIAL MANAGEMENT INSTITUTE, FINANCIAL MANAGEMENT INTERN PROGRAM, MIDDLE MANAGEMENT INSTITUTE, MIDDLE MANAGEMENT INTERN PROGRAM, ELECTRONIC DATA PROCESSING APPRECIATION PROGRAM FOR FEDERAL EXECUTIVES, AND MANAGEMENT INSTITUTE FOR LEADERS IN SCIENTIFIC AND PROFESSIONAL PROGRAMS. THESE PROGRAMS MAY INVOLVE EMPLOYING CONSULTANTS OR OTHERS WHO WOULD NOT BE NEEDED FOR THE COMMISSION'S OPERATIONS OTHER THAN TRAINING. THIS TYPE OF PILOT OR DEMONSTRATION ACTIVITY IS CONSTRUED TO BE A CONTINUING RESPONSIBILITY OF THE COMMISSION FOR WHICH REIMBURSEMENT IS NOT APPROPRIATE.

"HOWEVER, AS AGENCIES IDENTIFY THEIR CONTINUING TRAINING NEEDS A DEMAND IS BEING MADE ON THE COMMISSION TO CONTINUE COURSES IN SUCH SUBJECTS AS THOSE IN THE ABOVE PARAGRAPH, AFTER THEY ARE BEYOND THE DEVELOPMENT AND DEMONSTRATION STAGE. FOR EXAMPLE, WE NOW HAVE ON HAND AGENCY APPLICATIONS FOR OVER SEVEN HUNDRED SPACES IN A COURSE IN AUTOMATIC DATA PROCESSING FOR MANAGERS AGAINST WHICH WE ONLY HAVE TWO HUNDRED AND FIFTY SPACES. TO MEET JOINT AGENCY NEEDS FOR THIS COURSE, IT WOULD HAVE TO BE REPEATED TWO MORE TIMES.

"THE COMMISSION DOES NOT CONSIDER IT APPROPRIATE TO RESPOND TO JOINT AGENCY DEMANDS FOR REPETITION OR EXPANSION OF SUCH COURSES TO MEET AGENCY NEEDS OUT OF FUNDS APPROPRIATED TO THE COMMISSION. AVAILABLE COMMISSION RESOURCES ARE FOR THE DEVELOPMENT, TESTING, AND CONDUCT OF DEMONSTRATION OR PILOT TRAINING PROGRAMS. IT IS OUR OPINION THAT WHEN AGENCIES IDENTIFY NEEDS FOR ADDITIONAL SCHEDULING OF THESE COURSES, OR REQUEST COURSES TO SATISFY SPECIAL GEOGRAPHIC REQUIREMENTS, IT IS APPROPRIATE THAT THE COSTS BE SHARED BY THE BENEFITING AGENCIES THROUGH REIMBURSEMENT TO THE COMMISSION.'

WE UNDERSTAND THAT YOUR COMMISSION HAS NO NEED TO CONDUCT THE COURSES IN QUESTION FOR THE BENEFIT OF ITS OWN EMPLOYEES AND WOULD NOT CONDUCT SUCH COURSES EXCEPT AS AN ACCOMMODATION TO THE REQUESTING AGENCIES. ALSO, WE UNDERSTAND THAT COURSES THAT WOULD BE CONDUCTED ON A REIMBURSABLE BASIS AS AN ACCOMMODATION TO OTHER AGENCIES WOULD BE COURSES WHICH THE COMMISSION PREVIOUSLY HAS CONDUCTED FOR DEVELOPMENT AND DEMONSTRATION PURPOSES.

SECTION 8 OF THE GOVERNMENT EMPLOYEES TRAINING ACT, 72 STAT. 331, 5 U.S.C. 2307 IS THE ONLY PROVISION OF THAT ACT RELATING TO THE TRAINING BY ONE AGENCY OF EMPLOYEES OF OTHER AGENCIES UPON A REIMBURSABLE BASIS. THAT SECTION IS AS FOLLOWS:

"THE PROGRAM OR PROGRAMS OF EACH DEPARTMENT FOR THE TRAINING OF EMPLOYEES BY, IN, AND THROUGH GOVERNMENT FACILITIES UNDER AUTHORITY OF THIS ACT---

"/1) SHALL PROVIDE FOR TRAINING, INSOFAR AS PRACTICABLE, BY, IN, AND THROUGH THOSE GOVERNMENT FACILITIES WHICH ARE UNDER THE JURISDICTION OR CONTROL OF SUCH DEPARTMENT, AND

"/2) SHALL PROVIDE FOR THE MAKING BY SUCH DEPARTMENT TO THE EXTENT NECESSARY AND APPROPRIATE, OF AGREEMENTS WITH OTHER DEPARTMENTS, AND WITH OTHER AGENCIES IN ANY BRANCH OF THE GOVERNMENT, ON A REIMBURSABLE BASIS IF SO REQUESTED BY SUCH OTHER DEPARTMENTS AND AGENCIES, (A) FOR THE UTILIZATION IN SUCH PROGRAM OR PROGRAMS OF THOSE GOVERNMENT FACILITIES UNDER THE JURISDICTION OR CONTROL OF SUCH OTHER DEPARTMENTS AND AGENCIES AND (B) FOR EXTENSION TO EMPLOYEES OF SUCH DEPARTMENT OF TRAINING PROGRAMS OF SUCH OTHER DEPARTMENTS.'

THE QUOTED SECTION CONTEMPLATES THE EXTENSION OF AN AGENCY'S TRAINING PROGRAM TO EMPLOYEES OF OTHER AGENCIES AND SPECIFICALLY AUTHORIZES SUCH EXTENSION TO BE MADE ON A REIMBURSABLE BASIS. WHILE THAT SECTION ORDINARILY WOULD NOT BE CONSTRUED AS AN AUTHORITY FOR AN AGENCY HAVING NO NEED FOR A PARTICULAR COURSE OF TRAINING TO CONDUCT SUCH COURSE EXCLUSIVELY FOR THE ACCOMMODATION OF OTHER AGENCIES, WE BELIEVE THAT THE CIVIL SERVICE COMMISSION STANDS IN A DIFFERENT POSITION FROM AGENCIES GENERALLY SO FAR AS CONCERNS COURSES OF THE TYPE DESCRIBED IN YOUR LETTER.

SINCE THE COMMISSION ALREADY HAS PRESENTED THE COURSES IN QUESTION FOR PURPOSES OF DEVELOPMENT, TESTING, AND DEMONSTRATION PURPOSES AS APART OF ITS GENERAL RESPONSIBILITY UNDER THE TRAINING ACT IT WOULD BE IN A POSITION TO CONDUCT REPEATED OR EXPANDED COURSES MORE EFFICIENTLY AND ECONOMICALLY THAN AN AGENCY THAT HAS NO EXPERIENCE IN CONDUCTING SUCH COURSES. IN VIEW OF THAT FACT AND OF THE GENERAL AUTHORITY AND RESPONSIBILITY OF THE CIVIL SERVICE COMMISSION TO PROMOTE AND COORDINATE TRAINING PROGRAMS UNDER THE ACT AND TO PROVIDE ADVICE AND ASSISTANCE IN THE ESTABLISHMENT, OPERATION, AND MAINTENANCE OF TRAINING PROGRAMS UNDER THE ACT, AND HAVING REGARD FOR THE FACT THAT GENERALLY THE ACT CONTEMPLATES THE USE OF COMMON TRAINING PROGRAMS AND FACILITIES FOR PURPOSES OF ECONOMY, WE ARE OF THE VIEW THAT THE SERVICE YOU PROPOSE TO RENDER UPON A REIMBURSABLE BASIS IS CONSISTENT WITH THE GENERAL PURPOSES AND SPIRIT OF THAT ACT. THEREFORE, WE WOULD NOT OBJECT TO YOUR COMMISSION'S CONDUCTING COURSES OF THE TYPE DESCRIBED UPON A REIMBURSABLE BASIS FOR THE ACCOMMODATION OF OTHER GOVERNMENT AGENCIES WITH THE UNDERSTANDING, HOWEVER, THAT YOU INCLUDE IN THE ANNUAL REPORT, REQUIRED UNDER SECTION 18 OF THE ACT (72 STAT. 35; 5 U.S.C. 2317), A FULL EXPLANATION OF YOUR OPERATIONS IN THIS AREA.