§ 4107. Academic degree training

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Pub. L. 89–554 · 80 Stat. 378

   Enacted · 5 U.S.C. § 4107

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

   Source evidence

   Code source credit
   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 435

2. 1990

   Defense Acquisition Workforce Improvement Act

   Pub. L. 101–510 § 1206(a)(1) · 104 Stat. 1485

   Substituted · 5 U.S.C. § 4107(c)

   Pub. L. 101–510, § 1206(a)(1), substituted “Except as provided in subsection (d) of this section, this” for “This” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–510, § 1206(a)(1), substituted “Except as provided in subsection (d) of this section, this” for “This” in introductory provisions.

   Enacted provision · exact public law section
   (1) in subsection (c), by striking “This” and inserting “Except as provided in subsection (d) of this section, this”; and

3. 1990

   Defense Acquisition Workforce Improvement Act

   Pub. L. 101–510 § 1206(a)(2) · 104 Stat. 1485

   Added · 5 U.S.C. § 4107(d)

   Pub. L. 101–510, § 1206(a)(2), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–510, § 1206(a)(2), added subsec. (d).

   Enacted provision · exact public law section
   (2) by inserting after subsection (c) the following: “(d) (1) The regulations prescribed under section 4118 of this title shall include provisions under which the head of an agency may provide training, or payment or reimbursement for the costs of any training, not otherwise allowable under subsection (c) of this section, if necessary to assist in the recruitment or retention of employees in occupations in which the Government has or anticipates a shortage of qualified personnel, especially in occupations involving critical skills (as defined under such regulations). “(2) In exercising any authority under this subsection, an agency shall, consistent with the merit system principles set forth in paragraphs (1) and (2) of section 2301(b) of this title, take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service. “(3) No authority under this subsection may be exercised on behalf of any employee occupying or seeking to qualify for appointment to any position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character.”.

4. 1994

   Federal Workforce Restructuring Act of 1994

   Pub. L. 103–226 § 2(a)(5)(A) · 108 Stat. 111

   Substituted · 5 U.S.C. § 4107

   Pub. L. 103–226, § 2(a)(5)(A), substituted “Restriction on degree training” for “Non-Government facilities; restrictions” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 103–226, § 2(a)(5)(A), substituted “Restriction on degree training” for “Non-Government facilities; restrictions” in section catchline.

   Enacted provision · exact public law section
   (A) by amending the catchline to read as follows: “§ 4107. Restriction on degree training”;

5. 1994

   Federal Workforce Restructuring Act of 1994

   Pub. L. 103–226 § 2(a)(5)(B) · 108 Stat. 111

   1. Redesignated · 5 U.S.C. § 4107(a)

      Pub. L. 103–226, § 2(a)(5)(B), (C), redesignated subsec. (c) as (a), in introductory provisions substituted “subsection (b)” for “subsection (d)”

   2. Struck · 5 U.S.C. § 4107(a)

      Pub. L. 103–226, § 2(a)(5)(B), (C), struck out “by, in, or through a non-Government facility” after “employee for training”

   3. Struck · 5 U.S.C. § 4107(a)

      Pub. L. 103–226, § 2(a)(5)(B), (C), struck out former subsec. (a) which read as follows: “Appropriations or other funds available to an agency are not available for payment for training an employee—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–226, § 2(a)(5)(B), (C), redesignated subsec. (c) as (a), in introductory provisions substituted “subsection (b)” for “subsection (d)” and struck out “by, in, or through a non-Government facility” after “employee for training”, and struck out former subsec. (a) which read as follows: “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.”

   Enacted provision · exact public law section
   (B) by striking subsections (a) and (b) and redesignating subsections (c) and (d) as subsections (a) and (b), respectively;

6. 1994

   Federal Workforce Restructuring Act of 1994

   Pub. L. 103–226 § 2(a)(5)(B) · 108 Stat. 111

   1. Redesignated · 5 U.S.C. § 4107(b)

      Pub. L. 103–226, § 2(a)(5)(B), (D), redesignated subsec. (d) as (b)

   2. Substituted · 5 U.S.C. § 4107(b)

      Pub. L. 103–226, § 2(a)(5)(B), (D), substituted “subsection (a)” for “subsection (c)” in par. (1)

   3. Struck · 5 U.S.C. § 4107(b)

      Pub. L. 103–226, § 2(a)(5)(B), (D), struck out former subsec. (b) which read as follows: “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—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–226, § 2(a)(5)(B), (D), redesignated subsec. (d) as (b), substituted “subsection (a)” for “subsection (c)” in par. (1), and struck out former subsec. (b) which read as follows: “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.”

   Enacted provision · exact public law section
   (B) by striking subsections (a) and (b) and redesignating subsections (c) and (d) as subsections (a) and (b), respectively;

7. 1994

   Federal Workforce Restructuring Act of 1994

   Pub. L. 103–226 § 2(a)(5)(B) · 108 Stat. 111

   Redesignated · 5 U.S.C. § 4107(c); 5 U.S.C. § 4107(d)

   Pub. L. 103–226, § 2(a)(5)(B), redesignated subsecs. (c) and (d) as (a) and (b), respectively

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 103–226, § 2(a)(5)(B), redesignated subsecs. (c) and (d) as (a) and (b), respectively.

   Enacted provision · exact public law section
   (B) by striking subsections (a) and (b) and redesignating subsections (c) and (d) as subsections (a) and (b), respectively;

8. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 5 U.S.C. § 4107(a)

   Pub. L. 106–398, § 1 [[div. A], title XI, § 1121(1)], substituted “subsections (b) and (c)” for “subsection (b)” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title XI, § 1121(1)], substituted “subsections (b) and (c)” for “subsection (b)” in introductory provisions.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

9. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 5 U.S.C. § 4107(b)(1)

   Pub. L. 106–398, § 1 [[div. A], title XI, § 1121(2)], substituted “subsection (a) or (c)” for “subsection (a)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title XI, § 1121(2)], substituted “subsection (a) or (c)” for “subsection (a)”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

10. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Added · 5 U.S.C. § 4107(c)

    Pub. L. 106–398, § 1 [[div. A], title XI, § 1121(3)], added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title XI, § 1121(3)], added subsec. (c).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

11. 2002

    Homeland Security Act of 2002

    Pub. L. 107–296 title XIII § 1331(a) · 116 Stat. 2135

    1. Amended · 5 U.S.C. § 4107

       Pub. L. 107–296 amended section catchline and text generally

    2. Substituted · 5 U.S.C. § 4107

       Pub. L. 107–296 substituting provisions authorizing selection and assignment of employees for academic degree training and payment or reimbursement of costs, for provisions relating to restrictions on degree training or the payment or reimbursement of the costs of training and provisions setting forth exceptions and special rules with respect to employees of the Department of Defense

    Source evidence

    Code amendment note
    Pub. L. 107–296 amended section catchline and text generally, substituting provisions authorizing selection and assignment of employees for academic degree training and payment or reimbursement of costs, for provisions relating to restrictions on degree training or the payment or reimbursement of the costs of training and provisions setting forth exceptions and special rules with respect to employees of the Department of Defense.

    Enacted provision · exact public law section
    (a) Academic Degree Training.— Section 4107 of title 5, United States Code, is amended to read as follows: “§ 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.”.

    Effective date note
    Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

15 of 16 references resolved to an enrolled provision · 1 partial