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B-188710 1 (1978-03-23)

handle is hein.gao/gaobadfun0001 and id is 1 raw text is: 








DECISION


           THE  CONPTROLLER
kWS                    T OF TE UNIT.ED
           WASHINQTON. O.C


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FILE:  8-188710


MATThEA


DIGEST:


DATE:  March 23, 1978


OF:   Handicapped Employees .. Compensation
      of Attendants During Thaining

  Compensation of attendants Vor hand.lcapped
  employees who attend Government training
  progran3 may not be paid by agencies.
  Although 5 U.S.C. 4109 allows agencies to
  incur necessary costs of services which
  are directly rela.ed to training. services
  of attendants are personal in nature, are
  normally provided by employees' families,
  and are not incident to preseitation of
  traintg curricula.  In addition, naither
  statutory language or legislative history
  of 5 U.S.C. 7153 (1976) and 29 U.S.C. 791
  (Supp. V, 1975), which provide for non-
  di~:rmination and affirmative action in
  Federal employment, !ndirate an intent
  to provide agencies with authorization
  to incur suci special expenses which we
  consider personal in nature.


     This decision is in response to a letter from Alan K. Campbell,
Chairman of the U.S. Civil Service Commission requesrii a deter--
mination as to whether agencies may incur the expenses of compensa-
ting attendants for handicapped employees incident to official
training provided outside the locali.,y of the regular duty station.
The attendants 4ould be paid to provide the handicapped employees
with required personal care, such as dressing, bathing, assisting
in getting in or out of bed, and other services which are normal-
ly provided by the employee's family at his regular duty station.
The Chairnen cites the Government's r2:sponsibilities under the
Government Employee's Training Act, 5 U.S.C. 4101-4118 (1976),
under 5 U.S.C. 7153 (1976), and under the Rehabilitation Act of
1973, as amended, 29 U.S.C. 791 (Supp. V, 1975), and asks whether
funds available for training employees pursuant to 5 U.S.C. 4109
are also available to pay such expenses.

     Under 5 U.S.C. 4109, agency appropriations are available to
pay or reimburse an employee for all or part of the necessary
expenses of training, including the necessary costs of  * *
services or facilities directly related to the training of the
employee.  The Chairman notes that, in our decision 8-188710 of


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