Personnel Delegation #36

Material transmitted

Delegations of Authority to Approve and Acquire Training (pages 1-3)

Material superseded

HHS Instruction 410-1, Exhibit 41O-1-A, Delegation of Authority to Approve and Authorize Training, HHS Transmittal 89.14 (pages A-1 - A-6, dated 7/27/89)

HHS Instruction 410-1, Exhibit 41O-1-B, Delegation of Authority to Acquire Training, HHS Transmittal 89.7 (pages B-1 - B-5, dated 3/20/89)

HHS Instruction 410-2, Long-Term Training, HHS Transmittal 83.35 (pages 1-8, dated 12/9/83)

HHS Instruction 410-3, Intergovernmental Training, HHS Transmittal 83.27 (pages 1-3, dated 11/2/83)

HHS Instruction 411-1, Supervisory Development, HHS Transmittal 82.17 (pages 1-4, dated 8/13/82)

HHS Circular 412-1, Executive, Management, and Supervisory Development (pages 1-11 and Exhibit 412-1-A, expired February 1, 1992)

Background

On March 30, 1994, legislation was signed which included amendments to the Government Employees Training Act (GETA).  The amendments provide greater flexibility to train employees to meet the organization's mission.  The Federal Personnel Manual (FPM) chapters on training were eliminated with the FPM sunset.

Until OPM issues a new Code of Federal Relations for training, ASPER will not replace the existing HHS training policy (Instruction 410-1, management of training programs).  However, the changes in GETA take precedence over the corresponding sections in the current 410-1 policy (OGC opinion, 7/15/94).

With the GETA changes and the new delegations (see below), other Department policies are no longer relevant.  Therefore, I am deleting the following HHS training instructions:  410-2 (long-term training, 410-3 (intergovernmental training), and 411-1 (supervisory development).  These deletions are effective as of the date of this memorandum.  Circular 412-1 (executive, management, and supervisory development) expired on February 1, 1992, and is not being replaced.

ASPER is issuing new delegations of training authority consistent with the decentralization of authority envisioned by the National Performance Review.  The new delegations flow directly to each OPDIV, allowing redelegation in a way that best suits managementneeds.  Personnel and training officers will not be in the approval chain unless they have that authority delegated to them.

ASPER is keeping only the authority to approve and acquire training which we manage for the Department.  In reissuing the delegations, I am combining authorities to approve and authorize training into a single "approval" authority. OPDIVs may, however, achieve the effect of a split authority by requiring training officers or other subject matter experts to concur with a training nomination prior to its approval.  Authorities to approve and to acquire training are separate authorities and may be delegated to different individuals.

Distribution:  MS (PERS): HRFC-001

DEPARTMENT OF HEALTH & HUMAN SERVICES Office of the Secretary

Date MAR 30, 1996

Under the authority vested in the Assistant Secretary for Personnel Administration by memorandum from the Secretary dated January 24, 1983, I delegate the authority to approve training and to acquire training as specified below. These delegations are effective as of the date of this memorandum.

These delegations supersede the ASPER delegation memoranda of July 27, 1989 (Delegation of Authority to Approve and Authorize Training), and January 10, 1991 (Delegation of Authority to Acquire Training). Existing redelegations of authority will remain in effect until superseded by new redelegations.

The following definitions are used in this delegation:

Approval Authority is the authority to provide employees with training as a means of enhancing individual or group performance which contributes to the organization's mission.  Approval authority includes the authority to: assess training needs; select employees for training; manage and provide training within the provisions of 5 U.S.C. Chapter 41; ensure that the training conforms to relevant laws, regulations, and Department and component requirements; and assess the effectiveness of training.

Acquisition Authority is the authority to acquire off-the-shelf training for individual employees or groups of employees under the authority of the Government Employees Training Act.

Off-the-Shelf Training is training whose standard features and costs are established in catalogs or other printed material available to the general public, or training offered by an individual consultant or firm where standard features and costs are established based on past practices.  Costs of off-the-shelf training do not include employee travel or development of training material.

1. The authority to approve and acquire training under the Government Employees Training Act, and to carry out all other training functions, within the limitations stated below, is delegated tothe officials specified below for the areas indicated.  The areas include personnel in or under a regional office.

   To Whom Delegated	Area of Authority
   Assistant Secretary for Aging	Administration on Aging
   Assistant Secretary for Children and Families	Administration for Children and Families
   Administrator, Health Care Financing Administration	Health Care Financing Administration
   Inspector General	Office of the Inspector General
   Assistant Secretary for Health	Public Health Service
   Assistant Secretary for Management and Budget	Office of the Secretary

2. The officials listed in paragraph one above are delegated the authority to establish, for their areas of authority, the minimum amount of training for which a written continuing service agreement is required. Each OPDIV must establish procedures for waiver of recovery of training expenses when continuing service agreements are not completed, in accordance with 5 C.F.R. Ch. 1 (410.509).
3. These authorities may be redelegate.
4. Officials acquiring training under the authority of the Government Employees Training Act must have been delegated authority under that Act.  The dollar limit and guidelines for micropurchases established by the Office of Management and Budget apply to training acquired under the GETA.  Each OPDIV must establish procedures to ensure accountability for the expenditure of funds under this authority.
5. Each acquisition must have the signature of at least two individuals with appropriately delegatedauthority.  At least one of these individuals must have delegated acquisition authority under the Government Employees Training Act.
6. The authority to approve and acquire Department-wide training which is managed by the Assistant Secretary for Personnel Administration is retained.