
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC4109]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                          CHAPTER 41--TRAINING
 
Sec. 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 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 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 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.
    (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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 436; Pub. L. 90-83, Sec.  1(4), 
Sept. 11, 1967, 81 Stat. 196; Pub. L. 96-54, Sec. 2(a)(19), Aug. 14, 
1979, 93 Stat. 382; Pub. L. 97-258, Sec. 3(a)(9), Sept. 13, 1982, 96 
Stat. 1063; Pub. L. 97-276, Sec. 151(a), Oct. 2, 1982, 96 Stat. 1200; 
Pub. L. 98-224, Sec. 5(b)(2), Mar. 2, 1984, 98 Stat. 48; Pub. L. 98-525, 
title XV, Sec. 1537(a), Oct. 19, 1984, 98 Stat. 2635; Pub. L. 102-378, 
Sec. 2(17), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 105-277, div. A, 
Sec. 101(h) [title VI, Sec. 628(c)], Oct. 21, 1998, 112 Stat. 2681-480, 
2681-521.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2309.                July 7, 1958, Pub. L.
                                                    85-507, Sec.  10, 72
                                                    Stat. 332.
------------------------------------------------------------------------

    In subsection (a)(1) and (2), the words ``training under this 
chapter'' and ``the training'' are substituted for ``training by, in, or 
through Government facilities or non-Government facilities under 
authority of this chapter'' and ``such training'', respectively.
    In subsection (a)(2)(A), the words ``and the Standardized Government 
Travel Regulations'' are omitted as included by the reference to 
``subchapter I of chapter 57 of this title''.
    In subsection (a)(2)(A) and (B), the words ``sections 404 and 405 of 
title 37'' and ``sections 406 and 409 of title 37'' are substituted for 
the references to ``section 253 of title 37'' on authority of section 
12(b) of the Act of Sept. 7, 1962, Pub. L. 87-649, 76 Stat. 497.
    In subsection (a)(2)(B), the words ``under section 5724 of this 
title'' are substituted for ``in accordance with section 73b-1 of this 
title, and Executive Order Numbered 9805, as amended'' to reflect the 
codification of former section 73b-1 in this title and in view of the 
revocation of Executive Order No. 9805 by Executive Order No. 11012 of 
Mar. 27, 1962. The reference only to section 5724 is sufficient since 
that section contains the applicable substantive law, including the 
authority of the President to prescribe regulations.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1998--Subsec. (d). Pub. L. 105-277 added subsec. (d).
    1992--Subsec. (d). Pub. L. 102-378 struck out subsec. (d) which made 
revolving fund referred to in section 1304(e)(1) of this title available 
for costs of education and related travel of participants in such 
program, for printing, and for entertainment expenses, and which 
required crediting of participation fees to revolving fund.
    1984--Subsec. (c). Pub. L. 98-525 inserted ``and the Secretary of 
Defense may pay an individual training to be an air traffic controller 
of the Department of Defense,''.
    Subsec. (d). Pub. L. 98-224 added subsec. (d).
    1982--Subsec. (a)(2). Pub. L. 97-258 substituted ``section 3324(a) 
and (b)'' for ``section 529''.
    Subsec. (c). Pub. L. 97-276 added subsec. (c).
    1979--Subsec. (a)(2). Pub. L. 96-54 substituted ``National Oceanic 
and Atmospheric'' for ``Environmental Science Services'' in cls. (A) and 
(B).
    1967--Subsec. (a)(2). Pub. L. 90-83 substituted ``Environmental 
Science Services Administration'' for ``Coast and Geodetic Survey'' in 
cls. (A) and (B). See Historical and Revision Notes under section 2101 
of this title.


                    Effective Date of 1998 Amendment

    Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 628(e)], Oct. 
21, 1998, 112 Stat. 2681-480, 2681-521, provided that: ``The amendments 
made by this section [enacting section 5545b of this title and amending 
this section and sections 5542 and 8331 of this title] shall take effect 
on the first day of the first applicable pay period which begins on or 
after October 1, 1998.''


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-378 effective Oct. 1, 1991, see section 
9(b)(3) of Pub. L. 102-378, set out as a note under section 6303 of this 
title.


                    Effective Date of 1984 Amendment

    Section 1537(f) of Pub. L. 98-525 provided that: ``The amendments 
made by this section [amending this section and sections 5532, 5546a, 
5547, and 8344 of this title] shall take effect on October 1, 1984.''


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-276 effective on first day of first 
applicable pay period beginning after Oct. 2, 1982, see section 
151(h)(2) of Pub. L. 97-276, set out as an Effective Date note under 
section 5546a of this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                       Central Intelligence Agency

    Exception of Central Intelligence Agency from introductory 
provisions of subsec. (a) of this section and certain other provisions 
of this chapter, and section 1308 of this title, see Ex. Ord. No. 10805, 
Feb. 18, 1959, 24 F.R. 1301, set out as a note under section 4102 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 4118, 5946 of this title.
