Title 5 — Government Organization and Employees
Part III · Chapter 41 — Training
§ 4109. Expenses of training
Statutory text
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—
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
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—
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;
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;
tuition and matriculation fees;
library and laboratory services;
purchase or rental of books, materials, and supplies; and
other services or facilities directly related to the training of the employee.
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.
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.
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.
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.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 4109
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 436
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 436Pub. L. 90–83 · 81 Stat. 195
Substituted · 5 U.S.C. § 4109(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
Source evidence
Code amendment note
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.Pub. L. 96–54 § 2(a)(19) · 93 Stat. 381
Substituted · 5 U.S.C. § 4109(a)(2)
Pub. L. 96–54 substituted “National Oceanic and Atmospheric” for “Environmental Science Services” in cls. (A) and (B)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 96–54 substituted “National Oceanic and Atmospheric” for “Environmental Science Services” in cls. (A) and (B).Enacted provision · exact public law section
(19) Sections 4102(a)(1)(C) and 4109(a)(2) (A) and (B) are each amended by striking out “Environmental Science Services Administration” each place it appears and inserting in lieu thereof “National Oceanic and Atmospheric Administration”,Pub. L. 97–258 § 3(a)(9) · 96 Stat. 1063
Substituted · 5 U.S.C. § 4109(a)(2)
Pub. L. 97–258 substituted “section 3324(a) and (b)” for “section 529”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 97–258 substituted “section 3324(a) and (b)” for “section 529”.Pub. L. 97–276 § 151(a) · 96 Stat. 1186
Added · 5 U.S.C. § 4109(c)
Pub. L. 97–276 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–276 added subsec. (c).Enacted provision · exact public law section
Sec. 151. $5,200,000 of the funds appropriated to the National Endowment for the Humanities for “Salaries and expenses” in 95 Stat. 1413. Public Law 97–100 are hereby transferred to “Matching Grants” for the purposes of section 7(h) of the National Foundation on the Arts 20 USC 956. and the Humanities Act of 1965, as amended. Such funds shall remain available until September 30, 1984.Civil Service Miscellaneous Amendments Act of 1983
Pub. L. 98–224 § 5(b)(2) · 98 Stat. 47
Added · 5 U.S.C. § 4109(d)
Pub. L. 98–224 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 98–224 added subsec. (d).Enacted provision · exact public law section
(2) Section 4109 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(d) (1) The revolving fund referred to in section 1304(e)(1) of this title 5 USC 1304. shall be available to the Executive Exchange Program of the President’s Commission on Executive Exchange without fiscal year limitation— “(A) for the costs of education and related travel of participants in such program; and “(B) for printing, without regard to section 501 of title 44; and “(C) in such amounts as may be specified in appropriations Acts, for entertainment expenses. “(2) Participation fees which the President’s Commission on Executive Exchange may impose and collect for participation in its Executive Exchange Program (including the balance of any participation fees collected under former section 1304(e)(1)(ii) of this title as of the effective date of this subsection) shall be credited to the revolving fund.”.Department of Defense Authorization Act, 1985
Pub. L. 98–525 title XV § 1537(a) · 98 Stat. 2492
Inserted · 5 U.S.C. § 4109(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,”
Source evidence
Code amendment note
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,”.Enacted provision · exact public law section
(a) Section 4109(c) of title 5, United States Code, is amended by inserting “and the Secretary of Defense may pay an individual training to be an air traffic controller of the Department of Defense,” after “of such Administration,”.Technical and Miscellaneous Civil Service Amendments Act of 1992
Pub. L. 102–378 § 2(17) · 106 Stat. 1346
Struck · 5 U.S.C. § 4109(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(17) in section 4109 by striking subsection (d);Pub. L. 105–277 div. A § 101(h)(tVI)(s628)(c) · 112 Stat. 2681
Added · 5 U.S.C. § 4109(d)
Pub. L. 105–277 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 105–277 added subsec. (d).Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 631(f)(4)(B) · 125 Stat. 1298
Amended · 5 U.S.C. § 4109(a)(2)(A); 5 U.S.C. § 4109(a)(2)(B)
Pub. L. 112–81, § 631(f)(4)(B), as amended by Pub. L. 112–239, § 1076(a)(9)
Substituted · 5 U.S.C. § 4109(a)(2)(A); 5 U.S.C. § 4109(a)(2)(B)
Pub. L. 112–81, § 631(f)(4)(B), as substituted “474” for “404” in subpar. (B)
Substituted · 5 U.S.C. § 4109(a)(2)(A); 5 U.S.C. § 4109(a)(2)(B)
Pub. L. 112–81, § 631(f)(4)(B), as substituted “475” for “405” in subpar. (B)
Substituted · 5 U.S.C. § 4109(a)(2)(A); 5 U.S.C. § 4109(a)(2)(B)
Pub. L. 112–81, § 631(f)(4)(B), as substituted “476” for “406” in subpar. (B)
Substituted · 5 U.S.C. § 4109(a)(2)(A); 5 U.S.C. § 4109(a)(2)(B)
Pub. L. 112–81, § 631(f)(4)(B), as substituted “479” for “409” in subpar. (B)
Source evidence
Code amendment note
Subsec. (a)(2)(A), (B). Pub. L. 112–81, § 631(f)(4)(B), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404” and “475” for “405” in subpar. (A), and “476” for “406” and “479” for “409” in subpar. (B).Enacted provision · exact public law section
(B) Any reference in a provision of law other than a section of title 10, 32, or 37, United States Code, to a section of title 37 that is transferred and redesignated by subsection (c) is deemed to refer to the section as so redesignated.Effective date note
Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 § 1076(a)(9) · 126 Stat. 1632
Changed · 5 U.S.C. § 4109(a)(2)(A); 5 U.S.C. § 4109(a)(2)(B)
Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(B). See 2011 Amendment note below
Source evidence
Code amendment note
Subsec. (a)(2)(A), (B). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(B). See 2011 Amendment note below.Enacted provision · exact public law section
(9) Section 631(f)(4) (125 Stat. 1465) is 2 USC 906; 5 USC 4109, 5760; 10 USC 701 note prec., 1071 note, 1174a, 1175, 1175a, 1491, 1591 note; 14 USC 512; 32 USC 115; 36 USC 2101; 37 USC 403, 420, 422. 10 USC 2366a. amended by striking “subsection (c)” both places it appears and inserting “subsection (d)”.Effective date note
Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 626(b)(1)(A) · 136 Stat. 2395
Substituted · 5 U.S.C. § 4109(a)(2)(A)
Pub. L. 117–263, § 626(b)(1)(A), substituted “sections 405 and 452” for “sections 474 and 475”
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 117–263, § 626(b)(1)(A), substituted “sections 405 and 452” for “sections 474 and 475”.Enacted provision · exact public law section
(A) in subparagraph (A), by striking “sections 474 and 475” and inserting “sections 405 and 452”; andJames M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 626(b)(1)(B) · 136 Stat. 2395
Substituted · 5 U.S.C. § 4109(a)(2)(B)
Pub. L. 117–263, § 626(b)(1)(B), substituted “sections 452 and 453(c)” for “sections 476 and 479”
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 117–263, § 626(b)(1)(B), substituted “sections 452 and 453(c)” for “sections 476 and 479”.Enacted provision · exact public law section
(B) in subparagraph (B), by striking “sections 476 and 479” and inserting “sections 452 and 453(c)”;
14 of 17 references resolved to an enrolled provision · 3 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 5 U.S.C. 2309. | July 7, 1958, Pub. L. 85–507, § 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 . 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.
Editorial Notes
Amendments1967–2022 · 9 rounds
2022
Subsec. (a)(2)(A). Pub. L. 117–263, § 626(b)(1)(A), substituted “sections 405 and 452” for “sections 474 and 475”.
Subsec. (a)(2)(B). Pub. L. 117–263, § 626(b)(1)(B), substituted “sections 452 and 453(c)” for “sections 476 and 479”.
2013
Subsec. (a)(2)(A), (B). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(B). See 2011 Amendment note below.
2011
Subsec. (a)(2)(A), (B). Pub. L. 112–81, § 631(f)(4)(B), as amended by Pub. L. 112–239, § 1076(a)(9), substituted “474” for “404” and “475” for “405” in subpar. (A), and “476” for “406” and “479” for “409” in subpar. (B).
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.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Pub. L. 112–239, div. A, title X, § 1076(a), , 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective , and as if included in Pub. L. 112–81 as enacted.
Effective Date of 1998 Amendment
Pub. L. 105–277, div. A, § 101(h) [title VI, § 628(e)], , 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 .”
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–378 effective , 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
Pub. L. 98–525, title XV, § 1537(f), , 98 Stat. 2636, 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 .”
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–276 effective on first day of first applicable pay period beginning after , 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 , see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.
Executive Documents
Department of Homeland Security
Exception from introductory provisions of subsec. (a) of this section of those elements of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection through the Department’s Assistant Secretary for Information Analysis, see Ex. Ord. No. 13286, § 86, , 68 F.R. 10632, set out as a note under section 111 of Title 6, Domestic Security.
Central Intelligence Agency
Exception of Central Intelligence Agency from certain introductory provisions of subsec. (a) of this section, see Ex. Ord. No. 10805, , 24 F.R. 1301, set out as a note under section 4102 of this title.
Credits
1966–2022 · 12 acts
- 1966Pub. L. 89–554, , 80 Stat. 436
- 1967Pub. L. 90–83, § 1(4), , 81 Stat. 196
- 1979Pub. L. 96–54, § 2(a)(19), , 93 Stat. 382
- 1982Pub. L. 97–258, § 3(a)(9), , 96 Stat. 1063
- 1982Pub. L. 97–276, § 151(a), , 96 Stat. 1200
- 1984Pub. L. 98–224, § 5(b)(2), , 98 Stat. 48
- 1984Pub. L. 98–525, title XV, § 1537(a), , 98 Stat. 2635
- 1992Pub. L. 102–378, § 2(17), , 106 Stat. 1347
- 1998Pub. L. 105–277, div. A, § 101(h) [title VI, § 628(c)], , 112 Stat. 2681–480, 2681–521
- 2011Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), , 125 Stat. 1465
- 2013Pub. L. 112–239, div. A, title X, § 1076(a)(9), , 126 Stat. 1948
- 2022Pub. L. 117–263, div. A, title VI, § 626(b)(1), , 136 Stat. 2628.
Show as published
(Pub. L. 89–554, , 80 Stat. 436; Pub. L. 90–83, § 1(4), , 81 Stat. 196; Pub. L. 96–54, § 2(a)(19), , 93 Stat. 382; Pub. L. 97–258, § 3(a)(9), , 96 Stat. 1063; Pub. L. 97–276, § 151(a), , 96 Stat. 1200; Pub. L. 98–224, § 5(b)(2), , 98 Stat. 48; Pub. L. 98–525, title XV, § 1537(a), , 98 Stat. 2635; Pub. L. 102–378, § 2(17), , 106 Stat. 1347; Pub. L. 105–277, div. A, § 101(h) [title VI, § 628(c)], , 112 Stat. 2681–480, 2681–521; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), , 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), , 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(b)(1), , 136 Stat. 2628.)