MEMORANDUM FOR HEADS OF DEPARTMENTS
AND INDEPENDENT ESTABLISHMENTS

FROM:  JAMES B. KING /signed July 13, 1995, DIRECTOR

SUBJECT:  Training of Civilian Officials Appointed by the President

The purpose of this memorandum is to delegate to the heads of agencies the authority to designate Presidential appointees, other than heads of agencies, for training. Training for heads of agencies will continue to be submitted to the U.S. Office of Personnel Management (OPM) for review since self-review would constitute a conflict of interest.

Section 4102(a)(2)(b) of chapter 41 of title 5, United States Code, allows agencies to train officials appointed by the President if the officials are "specifically designated by the President for training under this chapter." The authority to designate officials appointed by the President, other than U.S. marshals and U.S. attorneys, for training under chapter 41 of that title was delegated to OPM by Executive Order 11895.

OPM is authorized by section 1104 of title 5, United States Code, to delegate this authority to the heads of agencies. This authority may not be redelegated to officials subordinate to the head of the agency.

Guidance for agencies to follow in designating Presidential appointees for training is described in the attachment to this memorandum. Records related to the use of this delegation are subject to disclosure under the Freedom of Information Act.

A. Training in the Public Interest. In exercising this authority, the head of the agency must be mindful that Presidential appointees rarely need extensive periods of training, as they are appointed, in part, on the strength of their command of the skills and knowledge necessary to accomplish their official duties. However, it may be in the public interest to train Presidential appointees in skills and knowledge which are necessary to the performance of their official duties, such as training in the rules, practices, and procedures of the Government and of their respective agencies.

B. Agency Head Responsibility. When Presidential appointees are designated for training, the heads of their agencies are responsible for ensuring that the training is in compliance with chapter 41 of title 5, United States Code and with part 410 of title 5, Code of Federal Regulations.

C. Agency Review Considerations. The following should be considered before approving a Presidential appointee training request:

1. Relevancy of training to individual and organizational performance. Section 4101 of title 5, United States Code, requires that training be limited to fields "which will improve individual and organizational performance and assist in achieving the agency's mission and performance goals."

2. Opportunity to apply the training to official duties. If Presidential appointees, in the closing period of a term of office, are proposed for training, they must be able to fully use the training in the performance of official duties during the remaining period of appointment.

3. Cost-effectiveness of the training facility. The cost-effectiveness of a training facility (considering such costs as tuition, travel, and per diem) is an important factor in selecting training. Reasonable inquiry into comparable training options within the commuting area should be considered before requesting a training facility requiring the payment of travel and per diem.

D. Required Documentation. Agencies are required, when this authority is used, to maintain records with the information listed below:

1. Name and position title of the official;

2. Description of the training, its location, vendor, cost, and duration;

3. Statement of the reasons that the designated training will be directly related to improved individual and organizational performance;

4. Statement of the opportunity to fully apply the training during the term of office; and

5. Statement explaining the cost-effectiveness of the training facility selected if travel and per diem are involved.

E. Review of Delegation. Exercise of this authority is subject to OPM review.

F. Examples of Training in the Public Interest. The following are some typical examples of Presidential appointee training that are in public interest:

1. Training in organizational strategic planning to ensure cost-effective allocation of Federal resources;

2. Training in the unique rules, practices, and procedures of the Government and of its respective agencies;

3. Training to assist managers in better understanding the need for developing accountability in an organization and the means for achieving it in the public sector;

4. Training in the use of automation as a management tool; and

5. Training in dealing with the media, including interviews, press conferences and testimony techniques.

G. OPM Review of Training Requests for Heads of Agencies. Training for heads of agencies will continue to be submitted to OPM since self-review would constitute a conflict of interest. Requests to train heads of agencies submitted to OPM must include the same information as listed in Required Documentation above.

H. Decisions on Training Requests. Decisions on training requests will be made after OPM's Office of Labor Relations and Workforce Performance (OLRWP) has thoroughly reviewed the required documentation. If the documentation submitted to OLRWP is incomplete or unclear, OLRWP will contact the requesting agency for additional information and/or clarification, which normally will need to be provided in writing. Agencies submitting Presidential appointee requests to OPM must allow for a reasonable review period by OLRWP. Agencies are encouraged to submit requests at least 6 weeks prior to the designated training event. Training requests for heads of agencies are submitted to: Kirke Harper, Assistant Director, Office of Human Resource Development, Room 7300, U.S. Office of Personnel Management, Washington, DC 20415.