their official duties to the maximum possible level of proficiency, the head of each agency, in conformity with this chapter, shall establish, operate, and maintain 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; and

(3) 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 the employee will otherwise be separated under conditions which would entitle the employee to severance pay under section 5595 of this title.

(2) Before undertaking any training under this subsection, the head of the agency shall obtain verification from the Office of Personnel Management that there exists a reasonable expectation of placement in another agency.

(3) 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 retaining the employee in the Federal service.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 433; amended, Pub. L. 95-454, 2 Stat. 1146, Oct. 13, 1978.)

4104. Government facilities; use of

An agency program for the training of employees by, in, and hrough 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 434.)

§ 4105. Non-Government facilities; use of

(a) The head of an agency, without regard to section 5 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.

(b) An agency program for the training of employees by, in, and through non-Government facilities under this chapter shall

(1) 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

(2) give consideration to the needs and requirements of the agency in recruiting and retaining scientific, professional, technical, and administrative employees.

(c) In order to protect the Government concerning payment and reimbursement of training expenses, each agency shall prescribe such regulations as it considers necessary to implement the regulations prescribed under section 4118(a) (8) of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 434.)

§ 4106. Non-Government facilities; amount of training limited (a) The training of employees by, in, and through non-Government facilities under this chapter is subject to the following limitations:

(1) The number of man-years of training for an agency in a fiscal year may not exceed 1 percent of the total number of manyears of civilian employment for the agency in the same fiscal year as disclosed by the agency budget estimates for the year.

(2) An employee having less than 1 year of current, continuous civilian service is not eligible for training unless the head of his agency determines, under regulations prescribed under section 4118 of this title, that training for the employee is in the public interest.

(3) The time spent by an employee in training may not exceed 1 year in the first 10-year period and in each subsequent 10-year period of his continuous or non-continuous civilian service in the Government.

The Office of Personnel Management may prescribe other limitations, in accordance with the provisions and purposes of this chapter, concerning the time which may be spent by an employee in training.

(b) On recommendation of the head of an agency, the Office may waive, with respect to that agency or part thereof or one or more employees therein, all or any of the limitations covered by subsection (a) of this section, if the Office determines that the application of all or any of the limitations thereto is contrary to the public interest. The Office, in the public interest, may reimpose all or any of the limitations so waived. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 434; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.)

§ 4107. Non-Government facilities; restrictions

(a) Appropriations or other funds available to an agency are not available for payment for training an employee

(1) by, in, or through a non-Government facility which teaches or advocates the overthrow of the Government of the United States by force or violence; or

(2) by or through an individual concerning whom determination has been made by a proper Government administrative or investigatory authority that, on the basis of information or evidence developed in investigations and procedures authorized by law or Executive order, there exists a reasonable doubt of his loyalty to the United States.

(b) This chapter does not authorize training an employee by, in, or through a non-Government facility a substantial part of the activities of which is

(1) carrying on propaganda, or otherwise attempting, to influence legislation; or

(2) participating or intervening, including publishing or distributing statements, in a political campaign on behalf of a candidate for public office.

(c) This chapter does not authorize the selection and assignment of an employee for training by, in, or through a non-Government facility, or the payment or reimbursement of the costs of training, for

(1) the purpose of providing an opportunity to an employee to obtain an academic degree in order to qualify for appointment to a particular position for which the academic degree is a basic requirement; or

(2) the sole purpose of providing an opportunity to an employee to obtain one or more academic degrees.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 435.)

§4108. Employee agreements; service after training

(a) An employee selected for training by, in, or through a nonGovernment facility under this chapter 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 proved 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 435.)

§ 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 529 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 404 and 405 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 stor ing, draying, and unpacking under section 5724 of this title or, in the case of commissioned officers of the National Oceanic and Atmospheric Administration, sections 406 and 409 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 436. amended Pub. L. 90–83, §1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 382.)

§ 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 436.)

4111. Acceptance of contributions, awards, and other payments (a) To the extent authorized by regulation of the President, conributions and awards incident to training in non-Government faciliies, and payment of travel, subsistence, and other expenses incident to ttendance at meetings, may be made to and accepted by an employee, vithout regard to section 209 of title 18, if the contributions, awards, and payments are made by an organization determined by the Secreary of the Treasury to be an organization described by section 01(c)(3) of title 26 which is exempt from taxation under section 01(a) of title 26.

(b) When a contribution, award or payment, in cash or in kind, is nade to an employee for travel, subsistence, or other expenses under ubsection (a) of this section, an appropriate reduction, under reguations of the President, shall be made from payment by the Governent to the employee for travel, subsistence, or other expenses incident o training in a non-Government facility or to attendance at a meetng. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437; amended Pub. L. 6-54, Aug. 14, 1979, 93 Stat. 381.)

4112. Absorption of costs within funds available

(a) The President, to the extent he considers practicable, shall proide by regulation for the absorption of the costs of the training prorams and plans under this chapter by the respective agencies from pplicable appropriations or funds available for each fiscal year. (b) Subsection (a) of this section may not be held or considered > 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.

Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437; amended Pub. L. 96-54, ug. 14, 1979, 93 Stat. 381.)

4113. Agency review of training needs; annual program reports (a) The head of each agency, at least once every 3 years, shall reiew the needs and requirements of the agency for the training of emloyees under its jurisdiction. The Office of Personnel Management, n request of an agency, may assist the agency with the review. Inforation obtained or developed in a review shall be made available to le Office at its request.

(b) Each agency shall report annually to the Office, at such times id in such form as the Office prescribes, on its programs and plans ›r the training of employees under this chapter. The report shall set

rth

(1) such information concerning the expenditures of the agency in connection with training as the Office considers appropriate;

(2) the name of each employee of the agency, except a student participating in a cooperative education program, who, during the period covered by the report, received training by, in, or through a non-Government facility for more than 120 days; the