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B-201052 1 (1981-12-23)

handle is hein.gao/gaobadjyq0001 and id is 1 raw text is: //7// THE COMPTROLLEFI EIRAL K317MISION OF THE UNITSI 8 ATIE3 INVA 8 H I N G T C3N Q I, S 14 FILE; B-201052 DATE; December 23, 1981 MATTER OF: Department of Defense - Payment of Tt&ining Ifnstructors' Licensing Fees DlGEST; Prohibition of 5 USC, S 5946 does not apply to payments authorized by 5 U.S.C. 5F 4109, Payment of licensing fee Is necessary expense directly related to training since, without payment of the membership fee, ANETA instructors will not have access to training waterAals, nor will their trainees be eligible for certification as practitioners, The General Counsel of the Department of Defense (LCD) has reguested an advance decision on whether the Army Management Engineer- Ing Training Agency (AMTA) may pay the licensing fees for its Methods Time Measurement (41MN) instructors, For the following reasons, we hold that the payment of licensing expenses is permissible. According to the submission, TM is a non-profit corporation which conducts research In human wotions and biomechanics, and trains and certifies practitioners and instructors in the use of the tech- niques which it has developed, WMclassifies its clients as irers of the MA Association, and collects a membership fee from each, Com- panies which are menbers of the MTM Association ordinarily have one or more employees who are trained in fMM techniques and licensed by that organizotion as instructors, Instructors who are certified by M1TH are eligible for Instructor weberships which allow the various companies to receive training materials for the purpose of conducting In-house M1TH training for all levels of personnel, Absent payment of the instructor licensing fee, clients cannot obtain the necessary in- structional materials. (The submission indicates that the control of these materials by M1TH stems in part from copyrights and other legally protected interests * * *.) In addition, M1171 refuses to certify in- dividuals not trained by licensed Instructors. Without such certifi- cation, trainees are not eligible to receive updated materials on the most efficient use of 11T! techniques, The General Counsel asks whether the prohibition in 5 U.S.C. S 5946 against paying membership fees In a society or organization for individual Government employees applies to the Instructor licensing fees. This section provides: Except as authorized by a specific appropriation, by express terms in a general appropriation, or by s .c- tions 4109 and 4110 of this title, appropriated funds may not be used for payment of-

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