BNUMBER:  B-272280 
DATE:  May 29, 1997
TITLE: Payment of Fees for College Level Examination Program, B-
272280, May 29, 1997
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Matter of:Payment of Fees for College Level Examination Program

File:     B-272280

Date:May  29, 1997

DIGEST

Department of Defense On-Site Inspection Agency may properly pay 
examination fees for College Level Examination Program (CLEP) 
examinations as part of academic degree training that the agency has 
determined, under 5 U.S.C.  sec.  4107(b) and implementing regulations, is 
necessary for recruitment or retention of employees.  CLEP may 
properly be viewed as an integral part of the overall academic degree 
training since the examination allows the examinee to obtain college 
credit in substitution for a portion of the program leading to an 
academic degree.  55 Comp. Gen. 759 (1976) and B-187525, Oct. 15, 
1976, regarding an examination to qualify for a professional license 
or certification, are distinguished.

DECISION

The Department of Defense On-Site Inspection Agency (OSIA) has 
requested our opinion as to whether it may use appropriated funds to 
pay for examination fees for the College Level Examination Program 
(CLEP) for employees enrolled in the agency's academic degree 
training, authorized under the Government Employees' Training Act, 5 
U.S.C.  sec.  4101 et seq.[1]  As explained below, OSIA may use 
appropriated funds for this purpose.  

Section 4101 defines training as:   

     "The process of providing for and making available to an 
     employee, and placing or enrolling the employee in, a planned, 
     prepared, and coordinated program, course, curriculum, subject, 
     system, or routine of instruction or education, in scientific, 
     professional, technical, mechanical, trade, clerical, fiscal, 
     administrative, or other fields which will improve individual and 
     organizational performance and assist in achieving the agency's 
     mission and performance goals."
 
CLEP examinations are offered by colleges and universities to allow 
students to earn college credits in certain subjects based on the 
student's existing knowledge.  Successfully passing a CLEP examination 
earns a student college credit counting toward a degree without the 
necessity of the more time consuming and expensive process of 
attending classes and completing course work.  A fee is required for 
the examinations.  OSIA questions whether receiving college credit 
under CLEP might meet the section 4101 definition of training as part 
of a "planned, prepared and coordinated program" or "routine of 
instruction or education."  

The agency's question arises in light of two decisions in which we 
held that the costs of examinations that are not part of a training 
course or program may not be paid from appropriated funds.  In one 
case, we held that the definition of "training" in section 4101 does 
not include an examination given by a professional organization to 
certify an employee as an accredited rural appraiser where the 
examination merely tested the skills the employee had acquired in a 
previous training course.  55 Comp. Gen. 759 (1976).  Similarly, in 
the other case, we held that an agency may not pay for a professional 
examination that is part of an employee's personal qualification 
process, such as the bar examination required of lawyers.  B-187525, 
Oct. 15, 1976.

Unlike the examinations that were the subject of the two decisions 
discussed above, the CLEP is not a professional certification or 
licensing examination, it is a substitute for taking a particular 
college course.  We believe a clear line exists between the usual 
professional qualification types of examinations and examinations 
which may be used as a substitute for a portion of an academic 
program.  Thus, the CLEP in this case properly may be viewed as an 
integral part of the overall "process . . . of placing or enrolling 
the employee in, a planned, prepared, and coordinated program," as 
required by section 4101.  Accordingly, the same authority the 
Training Act provides to pay the cost of a college course under OSIA's 
academic degree program provides authority to pay the lesser cost of 
the CLEP which substitutes for such a course.

The agency also has asked whether it would be appropriate to pay the 
cost of the CLEP in other training situations.  We are unable to 
provide a conclusive answer without knowing the details of the other 
situations.  However, it may be appropriate in other situations where 
the course for which the CLEP substitutes is a part of an approved 
training program for which the agency would otherwise pay, such as 
where the course is a prerequisite to taking another course under the 
program.

/s/Robert P. Murphy
for Comptroller General
of the United States
 
1. Section 4107(b) of title 5, U.S. Code, permits the payment of costs 
of an academic degree where an agency determines such training is 
"necessary to assist in the recruitment or retention of employees in 
occupations in which the Government has or anticipates a shortage of 
qualified personnel."  See also 5 C.F.R.  sec.  410.309.  OSIA has made the 
determination required that academic degree training is necessary to 
relieve its recruitment and retention problems.