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(c) In addition to the matters required to be covered under subsection (b) of this section, the regulations of the Commission shall, with respect to the training of employees by, in, or through a non-Government facility

(1) prescribe minimum standards and qualifications governing the eligibility of a non-Government facility to provide training to employees under authority of this Act and general policies governing the selection of and the agreement made with a non-Government facility to provide such training, including prohibitions on the granting of eligibility to, the selection of, and the making of an agreement with any non-Government facility to provide such training when such granting of eligibility to, selection of, or making of an agreement with such non-Government facility is contrary to the interests of the national security;

(2) authorize training of employees by, in, or through a non-Government facility only after determination and certification by the head of the department concerned (A) that adequate training for such employees by, in, or through a Government facility is not reasonably available, (B) that appropriate consideration has been given to the existing or reasonably foreseeable availability and utilization of fully trained employees, (C) that training by, in, or through a non-Government facility is the most economical means of providing such training to such employees, and (D) that such training for such employees is in the public interest and not contrary to the interests of the national security; and

(3) authorize training of employees by, in, or through a non-Government facility for the purpose of filling a position by promotion only in those cases where there is no fully qualified employee available to fill such position at, or within a reasonable distance from, the place or places where the duties of such position are to be performed.

(d) From time to time and in accordance with this Act, the Commission may revise, supplement, or abolish the regulations prescribed by it under this section, and may prescribe additional regulations.

SEC. 6. (a) Within one year after the effective date of this Act, each department shall prepare and submit to the Commission programs, and plans thereunder, for the training of employees in or under such department by, in, and through Government facilities and non-Government facilities, in order to increase efficiency and economy in the operation of the department and to develop maximum proficiency in the performance of official duties by employees thereof. Two or more departments may jointly submit and operate under a program, or a plan or plans thereunder, for such training. Each program, and plan or plans thereunder, of a department for such training shall conform to the principles, standards, and related requirements contained in the regulations of the Commission prescribed under this Act and shall be in accordance with the provisions and purposes of this Act.

(b) If the Commission finds that any program, and plan or plans thereunder, submitted by a department under subsection (a) of this section is in conformity with the provisions and purposes of this Act and the principles, standards, and related requirements contained in the regulations of the Commission prescribed thereunder, the Commission shall approve such program and plan or plans for such department. The head of such department thereafter shall establish, operate, and maintain such program and plan or plans for his department in accordance with this Act. All operations, activities, and related transactions of such department under such program and plan or plans shall be subject to such supervision and direction by the Commission as may be necessary for the Commission to discharge its duties and responsibilities pursuant to law.

(c) The Commission shall withhold, withdraw, or suspend its approval of any program or plan (or any part thereof) of a department, after consultation with the department, whenever the Commission finds that such program or plan (or part thereof) is not in conformity with the provisions and purposes of this Act and the principles, standards, and related requirements contained in the regulations of the Commission prescribed thereunder.

(d) The Commission shall review from time to time, as it deems necessary, the operations, activities, and related transactions of each department in connection with the program, and plan or plans thereunder, of such department for the training of its employees under this Act in order to determine whether such operations, activities, and related transactions are in compliance with such program and plan or plans, with the provisions and purposes of this Act, and with

the principles, standards, and related requirements contained in the regulations of the Commission prescribed thereunder. Upon request of the Commission, each department shall cooperate with and assist the Commission in such review. If the Commission finds that noncompliance exists, the Commission, after consultation with such department, shall have authority, to the extent necessary to obtain compliance as specified in this subsection, to (1) order the modification or change of any action taken or procedure followed by a department in connection with such program and any plan thereunder and (2) withdraw or suspend its approval of such program or any plan thereunder, or any part thereof. The Commission shall certify to such department any such action taken by the Commission under this subsection. The department shall take action in accordance with such certificate and such certificate shall be binding on the department. (e) No department shall establish, operate, or maintain under authority of this Act any program, or plan or plans thereunder, or any part thereof, which are not currently approved by the Commission.

SEC. 7. (a) In accordance with the provisions and purposes of this Act, with the principles, standards, and related requirements contained in the regulations of the Commission prescribed thereunder, and with the programs and plans of his department currently approved by the Commission, the head of each department is authorized to select and assign employees of such department for training by, in, and through Government facilities and non-Government facilities to the extent that he considers such training for such employees to be necessary ́and appropriate to improve the operations of such department and to be in the public interest.

(b) The authority to select and assign employees of a department for training by, in, and through non-Government facilities shall be vested in the head of such department. Such authority may be validly delegated within such department for the purposes of this Act only to the extent that the Commission certifies any such proposed delegation of authority to be necessary by reason of the size of such department.

SEC. 8. The programs of each department for the training of employees thereof by, in, and through Government facilities and non-Government facilities under authority of this Act shall provide for the designation of a specific authority within the department to be immediately and directly responsible to the head thereof for the establishment, operation, and maintenance of such programs in accordance with this Act.

SEC. 9. The program of each department for the training of employees thereof by, in, and through Government facilities under authority of this Act shall

(1) provide for training, to the maximum extent practicable, by, in, and through those Government facilities which are under the jurisdiction or control of such department; and

(2) provide for the making by such department, to the extent necessary and appropriate, of agreements with other departments, and with other agencies in any branch of the Government, on a reimbursable basis if so requested by such other departments and agencies, (A) for the utilization in such program of Government facilities under the jurisdiction or control of such other departments and agencies and (B) for extension to employees of such department of such programs of such other departments. SEC. 10. The head of each department is authorized to enter into appropriate written agreements for the training of employees in such department by, in, or through non-Government facilities. Each such agreement shall be in accordance with and shall be made expressly subject to the provisions and purposes of this Act and the principles, standards, and related requirements contained in the regulations of the Commission prescribed thereunder. To the maximum extent practicable, the head of each department shall endeavor to obtain, under such agreement, appropriate training for employees at the lowest possible cost to the Government.

SEC. 11. (a) Each employee who has been selected for training by, in, or through a non-Government facility under authority of this Act shall, prior to his actual assignment for such training, enter into a written agrement with the Government to the effect that (1) after the expiration of the period of his training, he will continue in the service of his department for a period at least equal to three times the length of the period of such training unless he is involuntarily separated from the service and (2) if he is voluntarily separated from the service prior to the expiration of the period for which he has agreed to continue in the service of his department after such period of training, he will pay to the Government the actual expenses incurred by the Government in connection with his

training. No employee selected for such training shall be assigned thereto unless he has entered into such agreement.

(b) An employee who fails, by reason of his transfer to another department, to continue, after his training, in the service of his department, for the period specified in such agreement, shall not be required to pay to the Government the actual expenses incurred by the Government in connection with his training if the Commission approves such transfer as in accordance with the best interests of the Government.

(c) If any employee (other than an employee relieved of liability under subsection (b) of this section) fails to fulfill his agreement to pay to the Government the actual expenses incurred by the Government in connection with his training, a sum equal to such actual expenses of training shall be recoverable from such employee or his estate (1) by setoff of accrued salary, wages, pay, compensation, amount of retirement credit, or other amount due such employee from the Government and (2) by such other method as may be provided by law for the recovery of amounts owing to the Government by employees or former employees thereof. The head of the department concerned may, with the concurrence of the Commission, waive, in whole or in part, any right of recovery under this subsection, if it is shown that such recovery would be against equity and good conscience. SEC. 12. (a) Subject to subsection (b) of this section, the training of employees by, in, and through non-Government facilities under authority of this Act shall be subject to the following restrictions:

(1) The number of man-years of such training by, in, and through non-Government facilities for each department in any fiscal year shall not exceed 1 per centum of the total number of man-years of personal services performed by employees for such department in the same fiscal year.

(2) No employee having less than one year of current, continuous civilian service in the Government shall be eligible for such training unless (A) the head of his department certifies to the Commission that such training for such employee is in the public interest and (B) the Commission approves such certification.

(3) In the first 10-year period of his continuous or noncontinuous civilian service in the Government following the date of his initial entry into the civilian service of the Government, and in each ten-year period of such service occurring thereafter, the time spent by an employee in such training shall not exceed one year.

(4) The Commission may prescribe such additional restrictions, not inconsistent with the provisions and purposes of this Act, with respect to the time which may be spent by an employee in such training, as the Commission deems appropriate.

(b) The Commission is authorized to waive, with respect to any department or part thereof or any employee or employees therein, any or all of the restrictions covered by subsection (a) of this section, upon the recommendation of the head of the department concerned, if the Commission determines that the application of any or all of such restrictions to any such department or part thereof or employee or employees therein is contrary to the public interest.

SEC. 13. The head of each department is authorized (1) to pay the salary, pay, or compensation of each employee of his department who is selected and assigned for training by, in, or through Government facilities or non-Government facilities under the provisions of this Act, for each period of such training of such employee, and (2) to pay, or reimburse such employee for, the necessary expenses of such employee for the purposes of such training, including necessary costs of (A) transportation and per diem in lieu of subsistence in accordance with the Travel Expense Act of 1949, as amended, and the Standardized Government Travel Regulations, (B) tuition, (C) laboratory and library services, (D) purchase or rental of books, materials, and supplies, and (E) other necessary services or facilities directly related to the training of such employee. Such necessary expenses of training shall not be deemed to include membership fees except to the extent that such fees are a necessary cost directly related to the training itself or that payment thereof is a condition precedent to undergoing such training.

SEC. 14. Nothing contained in this Act shall be consrtued to authorize the selection and assignment of any employee for training by, in, or through any non-Government facility under authority of this Act, or the payment by the Government of the costs of such training, either (1) for the purpose of providing an opportunity to such employee to obtain an academic degree in order to qualify for appointment to a particular position for which such academic degree is a

basic requirement or (2) solely for the purpose of providing an opportunity to such employee to obtain one or more academic degrees.

SEC. 15. In exceptional cases, the Commission may authorize the training of employees by, in, and through non-Government facilities, which is not otherwise authorized by this Act, upon certification to the Commission by the head of the department concerned (accompanied by a full statement by such head of the reasons therefor) that such training for such employees is necessary in the public interest. Such authorization of the Commission shall not be valid for the purposes of this section unless granted prior to the actual assignment for such training of the employee or employees concerned.

SEC. 16. To the extent consistent with the interests of the national security and with the public interest, the Commission shall collect, compile, and maintain information with respect to effective training programs, plans, and methods in and outside the Government, and, upon appropriate request, shall make such information available throughout the Government. If a department so requests, the Commission shall provide advice and assistance in the establishment, operation, and maintenance of the programs and plans of such department for training. SEC. 17. (a) Each department shall prepare and submit to the Commission, at such times and in such form as the Commission shall prescribe, reports on the programs and plans of such department for training of employees under authority of this Act. Such report shall contain (1) a record of the expenditures of such department in connection with the training of employees thereof by, in, and through Government facilities and non-Government facilities, (2) a statement of the department with respect to the value of such training to the department and the extent to which economies and improved operations have resulted therefrom, and (3) such other information as the department or the Commission may deem appropriate.

(b) The Commission shall submit to the President, for transmittal to the Congress, an annual report with respect to the training of employees of the Government under authority of this Act. Such report shall contain statements, in summary and in detail, with respect to (1) the operation and results of the programs and plans of the departments for training of employees, (2) the costs thereof, (3) the savings therefrom, (4) the extent to which the existing programs and plans of the departments, and the administration thereof, are accomplishing the purposes of this Act, and (5) such recommendations and other matters as the Commission deems appropriate. The reports transmitted to the Congress under this subsection shall be referred to the Committee on Post Office and Civil Service of the Senate and the Committee on Post Office and Civil Service of the House of Representatives.

SEC. 18. (a) The following laws and parts of laws are hereby repealed:

(1) Section 307 (b) of the Civil Aeronautics Act of 1938, as amended (64 Stat. 417; 49 U. S. C., sec. 457 (b));

(2) The last sentence in section 201 (e) of the Merchant Marine Act, 1936, as amended (53 Stat. 1182; 46 U. S. C., sec. 1111 (e));

(3) Sections 573 (b) and 705 of the Foreign Service Act of 1946, as amended (60 Stat. 1012, 1019; 22 U. S. C., secs. 963 (b), (1045);

(4) Section 16 of the Defense Highway Act of 1941, as amended (55 Stat. 770; 23 U. S. C., sec. 116);

(5) The Act entitled "An Act to promote the national defense and to con tribute to more effective aeronautical research by authorizing professional per sonnel of the National Advisory Committee for Aeronautics to attend accredited graduate schools for research and study", approved April 11, 1950, as amended (64 Stat. 43; 68 Stat. 78; 50 U. S. C., secs. 160-160f);

(6) Section 33 of the World War Veterans' Act, 1924, as amended (44 Stat. 793; 38 U. S. C., Sec. 459);

(7) Section 13 (b) and (c) of the Act entitled "An Act to establish a Department of Medicine and Surgery in the Veterans' Administration", approved January 3, 1946, as amended (59 Stat. 679; 64 Stat. 18, 38 U. S. C., sec. 151 (b) and (c));

(8) That part of the first sentence in paragraph 9 of part VII of Veterans Regulation Numbered 1 (a) (57 Stat. 45; 38 U. S. C., ch. 12A) which follows the words "The Administrator shall have the power" and ends with a semicolon "and also".

(b) Section 803 of the Civil Aeronautics Act of 1938, as amended (60 Stat. 945; 49 U. S. C., sec. 603), is amended (1) by inserting "and" immediately after the semicolon at the end of clause (6) of such section, (2) by striking out the semi

colon at the end of clause (7) of such section, and (3) by striking out "and (8) detail annually, within the limits of available appropriations made by Congress, members of the Weather Bureau personnel for training at Government expense, either at civilian institutions or otherwise, in advanced methods of meteorological science: Provided, That no such member shall lose his individual status or seniority rating in the Bureau merely by reason of absence due to such training". (c) All laws and parts of laws inconsistent with the repeal of and changes in existing laws and parts of laws made by subsections (a) and (b) of this section are hereby amended or modified to the extent necessary to carry out the purposes of and conform to such repeal and changes.

SEC. 19. Nothing contained in this Act shall affect (1) any contract, agreement, or arrangement entered into by the United States prior to the effective date of this Act for the education, instruction, or training of personnel of the Government, or (2) the respective rights and liabilities of such personnel with respect to the Government in connection with such education, instruction, and training under any such contract, agreement, or arrangement.

SEC. 20. There are authorized to be appropriated such sums as may be necessary to carry out the provisions and accomplish the purposes of this Act. SEC. 21. This Act shall take effect on the ninetieth day after the date of enactment.

Mr. HEMPHILL. The committee has received administrative reports favoring the objectives of all of these bills, with certain specific recommendations and comments thereon. The bills have a common objective but vary somewhat in coverage and in details. These administrative reports have been prepared in a committee print which is on each member's desk this morning. Each member also has been furnished a summary of the effect of H. R. 6001, prepared by the Civil Service Commission at the time that bill was introduced.

This committee has conducted a thorough study of the needs and requirements of Government departments and agencies in the field of training of Federal employees. This study has extended through the 83d, 84th, and 85th Congresses. I believe there is general agreement that legislation to establish a governmentwide training program is both desirable and necessary in the public interest at this time.

At present there is no such general training authority. Various and sundry laws, ranging in form from appropriation riders to specific provisions in substantive laws relating to different departments, agencies, or bureaus, now are on the statute books. There is no uniformity or coordination of policy or practices. Many departments and agencies have no positive legislative authority for training their employees.

The legislation upon which we are opening hearings this morning would establish a comprehensive program for the training of Federal civilian employees which, to the extent consistent with the requirements and the responsibilities of the individual departments and agencies, would be applied uniformly throughout the Government. The results of the committee studies indicate that such a program is essential if the Government is to make up lost ground and keep abreast of modern techniques and procedures in its scientific, professional, management. financial, and administrative activities. The studies point clearly to a conclusion that there should be a single law, uniformly administered, under the guidance of the Government's central personnel authority, which will provide management the means to improve productivity and quality of work through better training of employees and at the same time provide the President and the Congress with information on training activities which is necessary to the discharge of their respective responsibilities.

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