(1) An employee assigned to training by, in, or through a non-Government facility that does not exceed 40 hours within a single program; (2) An employee receiving training provided by a manufacturer as a part of the normal service incident to initial purchase or lease of its products under procurement contract; and (3) An employee receiving training through a correspondence course. (c) The head of an agency may waive the limitation in section 4106(a)(3) of title 5, United States Code, for each employee serving in a work-study program when all of the following conditions are met: (1) The employee is serving under career or career-conditional appointment, under appointment authorized by § 213.3202(a) of Schedule B of this chapter; or (2) The employee is working in the field of natural or mathematical science or engineering; (3) The employee's expenses of college training are being paid in the programs concerned only because the agency has found that the programs cannot operate successfully without that payment; (4) The employee's expenses of college training are being paid only to the extent the agency considers necessary to attract and retain the employee; and (5) The employee's expenses of college training that are being paid are limited to the expenses covered by section 4109 (a) (2) of title 5, United States Code. (d) The head of an agency may also waive the limitation in section 4106(a) (3) of title 5, United States Code, for an employee in a professional position in the field of natural or mathematical science or engineering when all the following conditions are met: (1) The employee is serving under a career or career-conditional appointment or under an excepted appointment without time limitation; (2) Postponement of the training until the employee completes the current 10-year period of service prescribed by section 4106(a) (3) of title 5, United States Code, would be detrimental to the development of skill, abilities, or knowledges needed by the employee for the performance of official duties; and (3) The training would not cause the total of training by, in, or through nonGovernment facilities to exceed 2 years in the current 10-year period of the employee's service. § 410.507 Computing time in training through non-Government facilities. For the purpose of chapter 41 of title 5, United States Code, and this part: (a) An employee assigned to full-time training by, in, or through a non-Government facility is counted as being in training the same number of hours he is in a pay status during the training assignment, up to a maximum of 8 hours a day or 40 hours a week. If the employee is not in pay status during the training, he is counted as being in training the same number of hours as are in the period of any leave granted for the purpose of the training. (b) An employee assigned to training by, in or through a non-Government facility on less than a full-time basis is counted as being in training the same number of hours he spends in class or with the instructor in the facility. (c) The Commission may authorize such other procedures for the counting of time in training as it considers appropriate. § 410.508 Agreements to continue in service. (a) For the purpose of administering section 4108 of title 5, United States Code: (1) The period of time an employee is required to agree to continue in the service of the agency begins on the first workday after the end of the training covered by the agreement; and (2) "Additional expenses incurred by the Government in connection with his training" means expenses of training paid under section 4109 (a) (2) of title 5, United States Code, but not salary, pay, or compensation. (b) An employee selected for training by, in, or through a non-Government facility that involves no expense to the Government other than his pay is excepted from the requirement in section 4108(a) of title 5, United States Code, for entering into a written agreement. (c) The head of the agency may except from the requirement in section 4108(a) of title 5, United States Code, for entering into a written agreement: (1) An employee selected for training provided by a manufacturer as a part of the normal service incident to initial purchase or lease of a product under a procurement contract; (2) An employee selected for training by, in, or through a non-Government facility that does not exceed 80 hours within a single program; and (3) An employee selected for training which is given through a correspondence course. (d) When an agency pays only the expenses of an employee's training that are authorized by section 4109(a) (2) of title 5, United States Code, the head of the agency may reduce to 1 month or to a period equal to the length of the training period covered by the payment, whichever is greater, the period of time the employee is required by section 4108 (a) of title 5, United States Code, to agree to continue in the service of his agency. § 410.509 Failure to fulfill agreements to continue in service. (a) (1) Each written agreement under section 4108(a) of title 5, United States Code, shall provide that the employee covered thereby give his agency a notice of at least 10 workdays if he intends to enter the service of another agency or organization in any branch of the Government before the expiration of the period for which he agrees to continue in the service of his agency. Each agreement shall also provide that if the employee fails to give this advance notice and enters the service of another agency or organization in any branch of the Government, he must repay the Government the amount of the additional expenses incurred by the Government in connection with the training covered by the agreement. The head of the agency which has authorized the training may waive in whole or in part the obligation under the agreement when he finds that repayment would be against equity, good conscience, or the public interest. (2) The advance notice to be given by the head of an agency under section 4108(b) of title 5, United States Code, shall be given as soon as practicable after the employee informs the agency of his intention to enter the service of another agency or organization in any branch of the Government. (b) (1) The head of an agency, or a representative especially designated by him for this purpose, may waive in whole or in part any right of recovery under section 4108(c) of title 5, United States Code, when he finds that recovery would be against equity and good conscience or against the public interest. (2) Delegation of authority to act for the head of an agency under subparagraph (1) of this paragraph shall be held to as high an administrative level as practicable to assure that the policies of the head of the agency are reflected in each decision. Subpart F-Payment of Training § 410.601 Determination of necessary expenses of training. The head of an agency shall determine which expenses constitute necessary training expenses under section 4109 of title 5, United States Code. § 410.602 Prohibition on payment of premium pay. (a) Except as provided by paragraph (b) of this section, no funds appropriated or otherwise available to an agency may be used for the payment of premium pay to an employee engaged in training by, in, or through Government facilities or non-Government facilities. (b) The following are excepted from the provision in paragraph (a) of this section prohibiting the payment of premium pay: (1) An employee given training during a period of duty for which he is already receiving premium pay for overtime, night, holiday, or Sunday work, except that this exception does not apply to an employee assigned to full-time training at institutions of higher learning; (2) An employee given training at night because situations which he must learn to handle occur only at night; (3) An employee given training on overtime, on a holiday, or on a Sunday because the cost of the training, premium pay included, are less than the costs of the same training confined to regular work hours; and (4) An employee given training during periods of temporary assignment covered by § 550.162(c) of this chapter. (c) An employee who is excepted under paragraph (b) of this section is eligible to receive premium pay in accordance with the pay authorities applicable to him. 2 757 § 410.603 Protection of Government's interests, incomplete training. The head of an agency shall establish such procedures as he considers necessary to protect the Government's interests when employees fail to complete training for which the agency pays the expenses. § 410.604 Records of training expenses. An agency shall maintain records of payments made for travel, tuition and fees, and other necessary expenses of training by, in, or through non-Government facilities. Subpart G-Acceptance of Contributions, Awards, and Payments From Non-Government Organizations Scope. § 410.701 (a) This subpart relates to contributions, awards, and payments made to employees, or on their behalf, by nonGovernment organizations in connection with training that the employees receive in non-Government facilities, or meetings that they attend, either (1) partially or wholly within periods when they are on duty; or (2) at such other times as their agencies pay the expenses of training or of attendance at meetings in whole or in part. (b) This subpart does not limit the authority of a head of an agency to establish such procedures as he considers appropriate concerning the acceptance of contributions, awards, and payments in connection with any training and meetings that are outside the scope of this subpart. § 410.702 Authority of agencies to authorize acceptance. The head of an agency or a representative designated by him for this purpose under § 410.703 may authorize in writing an employee of his agency to accept a contribution or award (in cash or in kind) incident to training in non-Government facilities or to accept payment (in cash or in kind) of travel, subsistence, and other expenses incident to attendance at meetings if the contribution, award, or payment is made either by an organization determined by the Secretary of the Treasury to be an organization described in section 501(c)(3) of title 26, United States Code, which is exempt from taxation under section 501 (a) of that title or by an organization to which the prohibitions in section 209 of title 18, United States Code, do not apply, and if, in the judgment of the head of the agency or his designated representative, the following two conditions are met: (a) The contribution, award, or payment is not a reward for services to the organization prior to the training or meeting; and (b) Acceptance of the contribution, award, or payment: (1) Would not reflect unfavorably on the ability of the employee to carry out his official duties in a fair and objective manner; (2) Would not compromise the honesty and integrity of Government programs or of Government employees and their official actions or decisions; (3) Would be compatible with the Code of Ethics for Government Service expressed in House Concurrent Resolution 175, 85th Congress, second session; and (4) Would otherwise be proper and ethical for the employee concerned under the circumstances in his particular case. § 410.703 Delegation of authority to authorize acceptance. The head of an agency may designate a representative to act for him in authorizing the acceptance of contributions, awards, and payments under § 410.702. Delegation of authority to act in this matter shall be held to as high an administrative level as practicable to assure that the policies of the agency head are reflected in each decision, and that there is full evaluation of the circumstances of each case in the light of the conditions set forth in § 410.702. § 410.704 Acceptance of contributions, awards, and payments. An employee may accept a contribution, award, or payment (whether made in cash or in kind) that falls within the scope of this subpart only with specific written authorization granted under § 410.702. § 410.705 Identification of organization when more than one participates. When more than one non-Government organization participates in making a single contribution, award, or payment, the "organization" referred to in this subpart is considered to be the one that (a) The reports required by section 4113(b) of title 5, United States Code, and by this section shall be prepared for each fiscal year. An agency shall submit a consolidated report to the Commission not later than September 1 of the succeeding fiscal year. (b) The consolidated report shall include: (1) A narrative summary— (i) Outlining, in the first report to the Commission under this section, the training policies and overall program of the agency and, in each subsequent report, any major changes in policy or shifts in program emphasis; (ii) Describing the manner in which training has aided in the accomplishment of the mission of the agency by providing skills and knowledges; (iii) Assessing generally the value of training to the agency and the extent to which economies and improved operations have resulted; and (iv) Providing other information which the Commission may request in regard to specific areas of agency training activity; (2) A statistical summary, in the format prescribed by the Commission, on employee participation and agency expenditures in training conducted through agency, interagency, and non-Government facilities; and (3) Attachments (i) Training report, Standard Form 10, containing special information required by section 4113 (b) (2) of title 5, United States Code, regarding employees (other than students participating in work-study programs) receiving training by, in or through non-Government facilities for more than 120 days; (ii) Contributions and Awards Report, Standard Form 11, containing special information regarding employees who, under authority of section 4111 (a) of title 5, United States Code, receive from non-Government sources contributions or awards incident to training in non-Government facilities; (iii) An attachment providing the number of employees failing to fulfill their obligations under section 4108 of title 5, United States Code, and a description of the action taken with respect to the recovery of the additional expenses incurred by the Government in connection with their training; and (iv) Such other attachments as the Commission may request. (c) The Commission may grant exceptions to the requirements stated in paragraphs (a) and (b) of this section. § 410.902 Interchange of training information. An agency, at such time and in such manner as it considers appropriate, or at the request of the Commission, shall inform the Commission, and such other agencies as it believes may benefit, of new, different, or particularly successful training practices or materials which it develops or acquires and which it is able to share with others. PART 430-PERFORMANCE EVALUATION Subpart A-General Provisions age Sec. 430.101 The head of each agency shall establish, with the approval of the Commission, one or more boards to consider and pass on the merits of performance ratings under rating plans established under chapter 43 of title 5, United States Code. The jurisdiction of each board shall be specific and exclusive of that of any other board. § 430.302 Members of boards. (a) Designation. Each board shall be composed of a chairman designated by the Commission, an employee member designated in a manner approved by the Commission, and an agency member designated by authority of the agency head. One or more alternate members shall be provided for each agency member, each alternate being designated in the same manner as his principal. (b) Branch of Government. Members and alternate members of boards serving agencies in the executive branch of the Government shall be officers or employees of that branch. Members and alternate members of boards (except chairmen and alternate chairmen) serving agencies outside the executive branch shall be designated from the branch to which those agencies respectively belong. (b) Satisfactory or better rating. An employee with a satisfactory or better performance rating may obtain either within his agency the one impartial review provided by law, or he may appeal to the appropriate board, but not both. (c) Time limits on appeals. An appeal to a board shall be made to the chairman of the board. The appeal shall be in writing and shall be submitted within: (1) Thirty days after the employee receives notice of his rating; or (2) Fifteen days after the employee withdraws his request for the impartial review within his agency, when more than 30 days have elapsed since he received notice of his rating; or (3) Thirty days after the employee receives his agency's decision on the impartial review of an unsatisfactory rating. (d) Extension of time limit. Boards may waive the time limits in paragraph (c) of this section for good and sufficient reasons. (a) Oral hearing. The chairman or alternate chairman of a board shall preside at an oral hearing held to obtain information needed to determine the merits of an appealed rating, and shall rule on questions arising at the hearing. (b) Conduct of hearing. The appellant and his representative, and representatives designated under authority of the agency head, may attend the hearing. These parties may submit any information the board finds pertinent; and may hear, examine, and reply to information received by the board. The board shall find pertinent the record of any prior review of an appealed rating. (c) Stenographic report. A stenographic report of an oral hearing shall be required only when the board unanimously votes it necessary to the best interests of the Government and the employee. (d) Hearing waived. With the appel lant's consent, the board may consider his appeal on the basis of written information submitted by both parties without oral hearing. § 430.403 Board decision. (a) The decision. The board shall consider the pertinent facts in an appeal and by majority vote either (1) increase the appealed rating, or (2) sustain the appealed rating without change. (b) Notice of decision. The board's decision shall be in writing and shall |