B-136017, JULY 16, 1958, 38 COMP. GEN. 26

B-136017, JULY 16, 1958, 38 COMP. GEN. 26

MEETINGS - TRAINING CONFERENCES - GOVERNMENT EMPLOYEES TRAINING ACT - REGISTRATION FEE ATTENDANCE BY THE DIRECTOR OF PERSONNEL, DEPARTMENT OF LABOR, AT A CONFERENCE OF THE AMERICAN SOCIETY OF TRAINING DIRECTORS ON INTRA SERVICE TRAINING PROGRAMS MAY BE CONSIDERED AS A MEETING CONCERNING A FUNCTION OR ACTIVITY FOR WHICH THE APPROPRIATION FOR SALARIES AND EXPENSES OF THE OFFICE OF THE SECRETARY IS MADE AND A MEETING WHICH WOULD CONTRIBUTE TO THE IMPROVED CONDUCT, SUPERVISION OR MANAGEMENT OF THAT FUNCTION WITHIN THE MEANING OF SECTION 19 (B) OF THE GOVERNMENT EMPLOYEES TRAINING ACT, 5 U.S.C. 2318 (B), AND, THEREFORE, PAYMENT OF THE REGISTRATION FEE IS PROPER.

TO THE SECRETARY OF LABOR, JULY 16, 1958:

ON APRIL 29, 1958, YOU REQUESTED OUR DECISION AS TO WHETHER THE APPROPRIATION FOR THE DEPARTMENT OF LABOR," SALARIES AND EXPENSES, OFFICE OF THE SECRETARY," CONTAINED IN TITLE I OF THE DEPARTMENTS OF LABOR AND HEALTH, EDUCATION, AND WELFARE APPROPRIATION ACT, 1958, 71 STAT. 210, 5 U.S.C. 622A, IS AVAILABLE FOR THE PAYMENT OF AN ATTENDANCE FEE OF $50, INCIDENT TO THE ATTENDANCE OF THE DIRECTOR OF PERSONNEL OF YOUR DEPARTMENT AT THE 3-DAY ANNUAL CONFERENCE OF THE AMERICAN SOCIETY OF TRAINING DIRECTORS, WHICH WAS HELD RECENTLY AT THE SHERATON-PARK HOTEL IN WASHINGTON. WE UNDERSTAND FROM INFORMATION OBTAINED INFORMALLY FROM YOUR DEPARTMENT THAT THE DIRECTOR OF PERSONNEL DID NOT ACTUALLY ATTEND THE CONFERENCE BUT THAT A REPLY IS NEVERTHELESS DESIRED FOR USE CONCERNING ATTENDANCE AT A SIMILAR CONFERENCE AT A FUTURE DATE.

THE PURPOSE OF THE CONFERENCE AS STATED IN THE MESSAGE OF THE PRESIDENT OF THE SOCIETY, APPEARING ON PAGE 3 OF THE PROGRAM, WAS AS FOLLOWS:

THE TRAINING DIRECTOR IS TODAY RECEIVING HIS GREATEST TEST AS A CONTRIBUTING FACTOR TO OUR NATIONAL ECONOMY. WE MUST MEET THIS CHALLENGE IN ORDER TO PROVE THAT TRAINING IS AN INVESTMENT AND NOT AN EXPENSE. THE TRAINING PROFESSION MUST CONTINUE TO GROW AND PROGRESS.

DURING THE CONFERENCE YOU WILL HEAR INDIVIDUALS TELL OF MANY SUCCESSFUL TRAINING PROGRAMS AND ALSO BE ADVISED OF NEW AND REVOLUTIONARY TECHNIQUES FOR DEVELOPING PEOPLE. SPEAKERS WILL GIVE DIRECTION TO OUR FUTURE EFFORTS. THE MANY EXHIBITORS WILL SUGGEST TRAINING TOOLS TO AID US IN IMPROVING THE LEARNING PROCESS.

YOU SAY THAT IN YOUR DEPARTMENT THE FUNCTION OF THE OFFICE OF THE SECRETARY IS THE EXECUTIVE DIRECTION OF THE DEPARTMENT AND THAT THE APPROPRIATION," SALARIES AND EXPENSES, OFFICE OF THE SECRETARY," IS MADE PRINCIPALLY FOR MANAGEMENT FUNCTIONS AND ACTIVITIES, INCLUDING BUDGET AND FISCAL MANAGEMENT, BUSINESS MANAGEMENT, AND PERSONNEL MANAGEMENT.

PART I OF EXECUTIVE ORDER NO. 9830, FEBRUARY 24, 1947, CONCERNING PERSONNEL ADMINISTRATION IN THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT PROVIDES, IN PART, AS FOLLOWS:

SECTION 101.3 AGENCY RESPONSIBILITIES FOR PERSONNEL MANAGEMENT. (A) THE HEAD OF EACH AGENCY, IN ACCORDANCE WITH APPLICABLE STATUTES, EXECUTIVE ORDERS, AND RULES, SHALL BE RESPONSIBLE FOR PERSONNEL MANAGEMENT IN HIS AGENCY. TO ASSIST AND ADVISE HIM IN CARRYING OUT THIS RESPONSIBILITY HE SHALL MAINTAIN OR ESTABLISH SUCH OFFICE OR DIVISION OF PERSONNEL AS MAY BE REQUIRED. HE SHALL DESIGNATE A DIRECTOR OR PERSONNEL OR OTHER SIMILARLY RESPONSIBLE OFFICIAL TO BE IN CHARGE OF SUCH OFFICE OR DIVISION. SUCH DIRECTOR OR OTHER OFFICIAL SHALL REPRESENT THE HEAD OF THE AGENCY IN PERSONNEL MATTERS, SUBJECT TO HIS INSTRUCTIONS.

WE RECOGNIZE THAT INTRA-SERVICE TRAINING OF EMPLOYEES IS AN APPROPRIATE MANAGEMENT FUNCTION. SEE GENERALLY CHAPTER T-1, TRAINING AND EMPLOYEE DEVELOPMENT, OF THE CIVIL SERVICE COMMISSION FEDERAL PERSONNEL MANUAL.

GENERAL ORDER NO. 76 ISSUED BY THE SECRETARY OF LABOR ON JULY 13, 1954, WHICH ESTABLISHED THE DEPARTMENT'S PROGRAM OF IN-SERVICE TRAINING, DESIGNED TO INCREASE THE COMPETENCE AND EFFECTIVENESS OF EMPLOYEES IN THEIR JOBS, PROVIDES, IN PART, AS FOLLOWS:

4. THE DIRECTOR OF PERSONNEL SHALL BE RESPONSIBLE FOR PLANNING AND ORGANIZING INTERBUREAU AND DEPARTMENT-WIDE EMPLOYEE TRAINING ACTIVITIES; ESTABLISHING STANDARDS FOR BUREAU TRAINING ACTIVITIES AND ADVISING THE BUREAUS AND OFFICES OF THE DEPARTMENT IN THE ORGANIZATION, COORDINATION, AND INTENSIFICATION OF THEIR TRAINING ACTIVITIES; MAKING CONTINUOUS STUDIES OF TRAINING NEEDS AND OPPORTUNITIES; PROVIDING ADVICE ON THE TECHNICAL ASPECTS OF EMPLOYEE TRAINING, SUCH AS TRAINING METHODS AND MATERIALS; ESTABLISHING AND MAINTAINING RELATIONSHIPS WITH AGENCIES AND INSTITUTIONS USEFUL IN THE DEVELOPMENT OF EMPLOYEE TRAINING PROGRAMS; REVIEWING AND ADVISING ON FORMAL TRAINING PLANS PRIOR TO THEIR ESTABLISHMENT; AND ASSISTING BUREAUS AND OFFICES IN THE EVALUATION OF THEIR TRAINING ACTIVITIES.

SECTION 19 (B) OF THE GOVERNMENT EMPLOYEES TRAINING ACT, PUBLIC LAW 85- 507, APPROVED JULY 7, 1958, 5 U.S.C. 2318 (B), PROVIDES AS FOLLOWS:

HEREAFTER ANY APPROPRIATION AVAILABLE TO ANY DEPARTMENT FOR EXPENSES OF TRAVEL SHALL BE AVAILABLE FOR EXPENSES OF ATTENDANCE AT MEETINGS WHICH ARE CONCERNED WITH THE FUNCTIONS OR ACTIVITIES FOR WHICH THE APPROPRIATION IS MADE OR WHICH WILL CONTRIBUTE TO IMPROVED CONDUCT, SUPERVISION, OR MANAGEMENT OF THOSE FUNCTIONS OR ACTIVITIES.

IN VIEW OF THE FOREGOING, WE CONCLUDE THAT THE INTRA-SERVICE TRAINING PHASE OF PERSONNEL MANAGEMENT IS A FUNCTION OR ACTIVITY FOR WHICH THE APPROPRIATION," SALARIES AND EXPENSES, OFFICE OF THE SECRETARY"--- WHICH WE UNDERSTAND IS AVAILABLE FOR EXPENSES OF TRAVEL-- WAS MADE, WHICH FUNCTION OR ACTIVITY IS ADMINISTERED BY YOUR DIRECTOR OF PERSONNEL, AND THAT THE CONFERENCE MAY BE CONSIDERED TO BE ONE CONCERNED WITH THE FUNCTION OR ACTIVITY AND ONE WHICH WOULD CONTRIBUTE TO IMPROVED CONDUCT, SUPERVISION, OR MANAGEMENT OF THE FUNCTION OR ACTIVITY WITHIN THE CONTEMPLATION OF SECTION 19 (B) OF THE GOVERNMENT EMPLOYEES TRAINING ACT.

THEREFORE AN APPROPRIATION FOR " SALARIES AND EXPENSES, OFFICE OF THE SECRETARY," WOULD BE AVAILABLE FOR THE PAYMENT OF OTHERWISE PROPER EXPENSES INCIDENT TO THE ATTENDANCE OF YOUR DIRECTOR OF PERSONNEL AT MEETINGS SUCH AS THE ANNUAL CONFERENCE OF THE AMERICAN SOCIETY OF TRAINING DIRECTORS.