USC Chapter 41

in effect

5 U.S.C. § 4101 Definitions

For the purpose of this chapter— (1) “agency”, subject to section 4102 of this title, means—(A) an Executive department; (B) an independent establishment; (C) a Government corporation subject to chapter 91 of title 31; (D) the Library of Congress; (E) the Government Publishing Office; and (F) the government of the District of Columbia; (2) “employee”, subject to section 4102 of this title, means—(A) an individual employed in or under an agency; and (B) a commissioned officer of the Environmental Science Services Administration; (3) “Government” means the Government of the United States and the government of the District of Columbia; (4) “training” means 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; (5) “Government facility” means property owned or substantially controlled by the Government and the services of any civilian and military personnel of the Government; and (6) “non-Government facility” means—(A) the government of a State or of a territory or possession of the United States including the Commonwealth of Puerto Rico, and an interstate governmental organization, or a unit, subdivision, or instrumentality of any of the foregoing; (B) a foreign government or international organization, or instrumentality of either, which is designated by the President as eligible to provide training under this chapter; (C) a medical, scientific, technical, educational, research, or professional institution, foundation, or organization; (D) a business, commercial, or industrial firm, corporation, partnership, proprietorship, or other organization; (E) individuals other than civilian or military personnel of the Government; and (F) the services and property of any of the foregoing furnishing the training.

5 U.S.C. § 4102 Exceptions; Presidential authority

(a)(1) This chapter does not apply to—(A) a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors; (B) the Tennessee Valley Authority; or (C) an individual (except a commissioned officer of the National Oceanic and Atmospheric Administration) who is a member of a uniformed service during a period in which he is entitled to pay under section 204 of title 37. (2) This chapter (except sections 4110 and 4111) does not apply to—(A) the Foreign Service of the United States; or (B) an individual appointed by the President, unless the individual is specifically designated by the President for training under this chapter. (b) The President, at any time in the public interest, may—(1) except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and (2) withdraw an exception made under this subsection. However, the President may not except the Office of Personnel Management from a provision of this chapter which vests in or imposes on the Office a function, duty, or responsibility concerning any matter except the establishment, operation, and maintenance, in the same capacity as other agencies, of training programs and plans for its employees.

5 U.S.C. § 4103 Establishment of training programs

(a) In order to assist in achieving an agency’s mission and performance goals by improving employee and organizational performance, the head of each agency, in conformity with this chapter, shall establish, operate, maintain, and evaluate a program or programs, and a plan or plans thereunder, for the training of employees in or under the agency by, in, and through Government facilities and non-Government facilities. Each program, and plan thereunder, shall—(1) conform to the principles, standards, and related requirements contained in the regulations prescribed under section 4118 of this title; (2) provide for adequate administrative control by appropriate authority; (3) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and (4) provide for the encouragement of self-training by employees by means of appropriate recognition of resultant increases in proficiency, skill, and capacity. Two or more agencies jointly may operate under a training program. (b)(1) Notwithstanding any other provision of this chapter, an agency may train any employee of the agency to prepare the employee for placement in another agency if the head of the agency determines that such training would be in the interests of the Government. (2) In selecting an employee for training under this subsection, the head of the agency shall consider—(A) the extent to which the current skills, knowledge, and abilities of the employee may be utilized in the new position; (B) the employee’s capability to learn skills and acquire knowledge and abilities needed in the new position; and (C) the benefits to the Government which would result from such training. (c) The head of each agency shall, on a regular basis—(1) evaluate each program or plan established, operated, or maintained under subsection (a) with respect to accomplishing specific performance plans and strategic goals in performing the agency mission; and (2) modify such program or plan as needed to accomplish such plans and goals.

5 U.S.C. § 4104 Government facilities; use of

An agency program for the training of employees by, in, and through Government facilities under this chapter shall— (1) provide for training, insofar as practicable, by, in, and through Government facilities under the jurisdiction or control of the agency; and (2) provide for the making by the agency, to the extent necessary and appropriate, of agreements with other agencies in any branch of the Government, on a reimbursable basis when requested by the other agencies, for—(A) use of Government facilities under the jurisdiction or control of the other agencies in any branch of the Government; and (B) extension to employees of the agency of training programs of other agencies.

5 U.S.C. § 4105 Non-Government facilities; use of

The head of an agency, without regard to section 6101(b) to (d) of title 41, may make agreements or other arrangements for the training of employees of the agency by, in, or through non-Government facilities under this chapter.

5 U.S.C. § 4107 Academic degree training

(a) Subject to subsection (b), an agency may select and assign an employee to academic degree training and may pay or reimburse the costs of academic degree training from appropriated or other available funds if such training—(1) contributes significantly to—(A) meeting an identified agency training need; (B) resolving an identified agency staffing problem; or (C) accomplishing goals in the strategic plan of the agency; (2) is part of a planned, systemic, and coordinated agency employee development program linked to accomplishing the strategic goals of the agency; and (3) is accredited and is provided by a college or university that is accredited by a nationally recognized body. (b) In exercising authority under subsection (a), an agency shall—(1) consistent with the merit system principles set forth in paragraphs (2) and (7) of section 2301(b), take into consideration the need to—(A) maintain a balanced workforce in which women, members of racial and ethnic minority groups, and persons with disabilities are appropriately represented in Government service; and (B) provide employees effective education and training to improve organizational and individual performance; (2) assure that the training is not for the sole purpose of providing an employee an opportunity to obtain an academic degree or qualify for appointment to a particular position for which the academic degree is a basic requirement; (3) assure that no authority under this subsection is exercised on behalf of any employee occupying or seeking to qualify for—(A) a noncareer appointment in the senior Executive Service; or (B) appointment to any position that is excepted from the competitive service because of its confidential policy-determining, policy-making or policy-advocating character; and (4) to the greatest extent practicable, facilitate the use of online degree training.

5 U.S.C. § 4108 Employee agreements; service after training

(a) An employee selected for training for more than a minimum period prescribed by the head of the agency shall agree in writing with the Government before assignment to training that he will—(1) continue in the service of his agency after the end of the training period for a period at least equal to three times the length of the training period unless he is involuntarily separated from the service of his agency; and (2) pay to the Government the amount of the additional expenses incurred by the Government in connection with his training if he is voluntarily separated from the service of his agency before the end of the period for which he has agreed to continue in the service of his agency. (b) The payment agreed to under subsection (a)(2) of this section may not be required of an employee who leaves the service of his agency to enter into the service of another agency in any branch of the Government unless the head of the agency that authorized the training notifies the employee before the effective date of his entrance into the service of the other agency that payment will be required under this section. (c) If an employee, except an employee relieved of liability under subsection (b) of this section or section 4102(b) of this title, fails to fulfill his agreement to pay to the Government the additional expenses incurred by the Government in connection with his training, a sum equal to the amount of the additional expenses of training is recoverable by the Government from the employee or his estate by—(1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and (2) such other method as is provided by law for the recovery of amounts owing to the Government. The head of the agency concerned, under the regulations prescribed under section 4118 of this title, may waive in whole or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest.

5 U.S.C. § 4109 Expenses of training

(a) The head of an agency, under the regulations prescribed under section 4118(a)(8) of this title and from appropriations or other funds available to the agency, may—(1) pay all or a part of the pay (except overtime, holiday, or night differential pay) of an employee of the agency selected and assigned for training under this chapter, for the period of training; and (2) pay, or reimburse the employee for, all or a part of the necessary expenses of the training, without regard to section 3324(a) and (b) of title 31, including among the expenses the necessary costs of—(A) travel and per diem instead of subsistence under subchapter I of chapter 57 of this title or, in the case of commissioned officers of the National Oceanic and Atmospheric Administration, sections 405 and 452 of title 37, and the Joint Travel Regulations for the Uniformed Services; (B) transportation of immediate family, household goods and personal effects, packing, crating, temporarily storing, draying, and unpacking under section 5724 of this title or, in the case of commissioned officers of the National Oceanic and Atmospheric Administration, sections 452 and 453(c) of title 37, and the Joint Travel Regulations for the Uniformed Services, when the estimated costs of transportation and related services are less than the estimated aggregate per diem payments for the period of training; (C) tuition and matriculation fees; (D) library and laboratory services; (E) purchase or rental of books, materials, and supplies; and (F) other services or facilities directly related to the training of the employee. (b) The expenses of training do not include membership fees except to the extent that the fee is a necessary cost directly related to the training itself or that payment of the fee is a condition precedent to undergoing the training. (c) Notwithstanding subsection (a)(1) of this section, the Administrator, Federal Aviation Administration, may pay an individual training to be an air traffic controller of such Administration, and the Secretary of Defense may pay an individual training to be an air traffic controller of the Department of Defense, during the period of such training, at the applicable rate of basic pay for the hours of training officially ordered or approved in excess of forty hours in an administrative workweek. (d) Notwithstanding subsection (a)(1), a firefighter who is subject to section 5545b of this title shall be paid basic pay and overtime pay for the firefighter’s regular tour of duty while attending agency sanctioned training.

5 U.S.C. § 4110 Expenses of attendance at meetings

Appropriations available to an agency for travel expenses are available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of the functions or activities.

5 U.S.C. § 4111 Acceptance of contributions, awards, and other payments

(a) To the extent authorized by regulation of the President, contributions and awards incident to training in non-Government facilities, and payment of travel, subsistence, and other expenses incident to attendance at meetings, may be made to and accepted by an employee, without regard to section 209 of title 18, if the contributions, awards, and payments are made by an organization determined by the Secretary of the Treasury to be an organization described by section 501(c)(3) of title 26 which is exempt from taxation under section 501(a) of title 26. (b) When a contribution, award, or payment, in cash or in kind, is made to an employee for travel, subsistence, or other expenses under subsection (a) of this section, an appropriate reduction, under regulations of the President, shall be made from payment by the Government to the employee for travel, subsistence, or other expenses incident to training in a non-Government facility or to attendance at a meeting.

5 U.S.C. § 4112 Absorption of costs within funds available

(a) The President, to the extent he considers practicable, shall provide by regulation for the absorption of the costs of the training programs and plans under this chapter by the respective agencies from applicable appropriations or funds available for each fiscal year. (b) Subsection (a) of this section may not be held or considered to require—(1) the separation of an individual from the service by reduction in force or other personnel action; or (2) the placement of an individual in a leave-without-pay status.

5 U.S.C. § 4115 Collection of training information

The Office of Personnel Management, to the extent it considers appropriate in the public interest, may collect information concerning training programs, plans, and the methods inside and outside the Government. The Office, on request, may make the information available to an agency and to Congress.

5 U.S.C. § 4116 Training program assistance

The Office of Personnel Management, on request of an agency, shall advise and assist in the establishment, operation, and maintenance of the training programs and plans of the agency under this chapter, to the extent of its facilities and personnel available for that purpose.

5 U.S.C. § 4117 Administration

The Office of Personnel Management has the responsibility and authority for effective promotion and coordination of the training programs under this chapter and training operations thereunder. The functions, duties, and responsibilities of the Office under this chapter are subject to supervision and control by the President and review by Congress.

5 U.S.C. § 4118 Regulations

(a) The Office of Personnel Management, after considering the needs and requirements of each agency for training its employees and after consulting with the agencies principally concerned, shall prescribe regulations containing the principles, standards, and related requirements for the programs, and plans thereunder, for the training of employees under this chapter, including requirements for coordination of and reasonable uniformity in the agency training programs and plans. The regulations shall provide for the maintenance of necessary information concerning the general conduct of the training activities of each agency, and such other information as is necessary to enable the President and Congress to discharge effectively their respective duties and responsibilities for supervision, control, and review of these training programs. The regulations also shall cover—(1) requirements concerning the determination and continuing review by each agency of its training needs and requirements; (2) the scope and conduct of the agency training programs and plans; (3) the selection and assignment of employees of each agency for training; (4) the use in each agency of the services of employees who have undergone training; (5) the evaluation of the results and effects of the training programs and plans; (6) the interchange of training information among the agencies; (7) the submission of reports by the agencies on results and effects of training programs and plans and economies resulting therefrom, including estimates of costs of training; (8) requirements and limitations necessary with respect to payments and reimbursements in accordance with section 4109 of this title; and (9) other matters considered appropriate or necessary by the Office to carry out the provisions of this chapter. (b) The Office, in accordance with this chapter, may revise, supplement, or abolish regulations prescribed under this section, and prescribe additional regulations. (c) This section does not authorize the Office to prescribe the types and methods of intra-agency training or to regulate the details of intra-agency training programs.

5 U.S.C. § 4119 Training for employees under the Office of the Architect of the Capitol and the Botanic Garden

(a) The Architect of the Capitol may, by regulation, make applicable such provisions of this chapter as the Architect determines necessary to provide for training of (1) individuals employed under the Office of the Architect of the Capitol and the Botanic Garden and (2) other congressional employees who are subject to the administrative control of the Architect. The regulations shall provide for training which, in the determination of the Architect, is consistent with the training provided by agencies under the preceding sections of this chapter. (b) The Office of Personnel Management shall provide the Architect of the Capitol with such advice and assistance as the Architect may request in order to enable the Architect to carry out the purposes of this section.

5 U.S.C. § 4120 Training for employees of the Capitol Police

(a) The Chief of the Capitol Police may, by regulation, make applicable such provisions of this chapter as the Chief determines necessary to provide for training of employees of the Capitol Police. The regulations shall provide for training which, in the determination of the Chief, is consistent with the training provided by agencies under the preceding sections of this chapter. (b) The Office of Personnel Management shall provide the Chief of the Capitol Police with such advice and assistance as the Chief may request in order to enable the Chief to carry out the purposes of this section. (c) An employee of the Capitol Police may receive training under this section outside of the United States only with the prior approval of the Capitol Police Board. In this subsection, the term “United States” means each of the several States of the United States, the District of Columbia, and the territories and possessions of the United States.

5 U.S.C. § 4121 Specific training programs

In consultation with the Office of Personnel Management, the head of each agency shall establish— (1) a comprehensive management succession program to provide training to employees to develop managers for the agency; and (2) a program to provide training to managers on actions, options, and strategies a manager may use in—(A) relating to employees with unacceptable performance; (B) mentoring employees and improving employee performance and productivity; and (C) conducting employee performance appraisals.