[Code of Federal Regulations] [Title 5, Volume 1, Parts 1 to 699] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR410.308] [Page 304-305] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 410--TRAINING--Table of Contents Subpart C--Establishing and Implementing Training Programs Sec. 410.308 Training to obtain an academic degree. (a) Prohibition. (1) Under 5 U.S.C. 4107(a), an agency may not authorize training for an employee to obtain an academic degree, except for shortage occupations as defined in Sec. 410.308(b). (2)(i) The prohibition on academic degree in 5 U.S.C. 4107(a)(2) is not to be construed as limiting the authority of agencies to approve and pay for training expenses to develop knowledge, skills, and abilities directly related to improved individual performance. If, in the accomplishment of such training, an employee receives an academic degree, the degree is an incidental by-product of the training. (ii) Paying an additional rate of tuition because a student is a degree candidate is prohibited. An agency is only authorized to pay the tuition and fees charged for a nondegree student, even though the employee is enrolled as a degree candidate. If it is not possible to distinguish between costs associated with the acquisition of knowledge and skills and the costs associated with the acquisition of an academic degree at an institution, an agency is authorized to pay in full the tuition of an employee participating in an authorized program of training at that institution. (b) Academic degree training to relieve recruitment and retention problems. (1) 5 U.S.C. 4107(b) allows an agency to authorize academic degree training if the training: (i) Is necessary to assist in recruiting or retaining employees in occupations in which the agency has or anticipates a shortage of qualified personnel, especially in occupations which it has determined involve skills critical to its mission, and (ii) Meets the conditions of this section. (2) In reviewing the need to provide training under this section, an agency shall give appropriate consideration to any special salary rate, student loan repayment, retention allowance, or other monetary inducement authorized by law already provided or being provided which contributes to the alleviation of the staffing problem in the occupation targeted by that training. (3) In exercising the authority in this section, an agency shall, consistent with the merit system principles set forth in 5 U.S.C. 2301(b)(1) and (2), 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 the agency. (4) The authority in this section shall not 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. (5) An agency's policies established under Sec. 410.201 of this part shall cover decisions to authorize training under this section, to ensure that: (i) The determination to pay for degree training is made at a sufficiently high level so as to protect the Government's interest; and (ii) The authority is used to address the agency's recruitment and retention problems expeditiously though appropriate delegations of authority. (c) Determining recruitment and retention problems. For the purposes of this [[Page 305]] section, a recruitment or retention problem exists if the criteria for a recruitment bonus under 5 CFR 575.104(c)(2) or for a retention allowance under 5 CFR 575.305(c)(3) applies. (1) Recruitment problem. Before determining that an agency has or anticipates a problem in the recruitment of qualified personnel for a particular position, an agency shall make a reasonable recruitment effort, including factors in 5 CFR 575.104(c)(2). In making a reasonable recruitment effort, an agency will consider the following: (i) For a position in the competitive service, the results of requests for referral of eligibles from the appropriate competitive examination. For a position in the excepted service, the agency's objectives and staffing procedures. (ii) Contacts with State Employment Service office(s) serving the locality concerned. (iii) Contacts with academic institutions, technical and professional organizations, and other organizations likely to produce qualified candidates for the position, including women's and minority- group organizations. (iv) The possibility of relieving the shortage through broader publicity and recruitment. (v) The availability of qualified candidates within the agency's current work force. (vi) The possibility of relieving the shortage through job engineering or training of current employees. (2) Retention problem. Before determining that an agency has or anticipates a problem in the retention of qualified personnel in a particular occupation, an agency shall consider the factors in 5 CFR 575.305(c)(3) and: (i) The ease with which an agency could replace the employee with someone of comparable background; (ii) The current and projected vacancy rates in the occupation; (iii) The rate of turnover in the occupation; and (iv) Technological changes affecting the occupation and long-range predictions affecting staffing for the occupation. (d) Assessing continuing problems. A reassessment of a ``continuing'' recruitment or retention problem shall be made periodically. (e) Authorizing training. (1) An agency may authorize full or part- time training to address a recruitment problem if-- (i) The training qualifies an employee for a shortage position identified under paragraph (c)(1) of this section; and (ii) The agency expects to place the employee in the shortage position after the training. (2) Training may be authorized under this section for the purpose of retaining an employee in a shortage occupation identified under paragraph (c)(2) of this section, if it involves a course of study selected mainly for its potential contribution to effective performance in that occupation. (3) Agencies shall select employees for academic degree training according to competitive procedures as specified in Sec. 410.306. (f) Monitoring training. An agency shall assess the contribution of training assignments under this section to resolving recruitment or retention problems in its shortage occupations. (g) Documentation. (1) In exercising the authority in this section, an agency shall retain for a reasonable period: (i) A record of employees assigned to training under this section; and (ii) A record of findings that the recruitment or retention problem is a continuing one. (2) As a separate record, the servicing personnel office shall keep the following information for each employee assigned to training under this section: (i) Nature and justification for the shortage determination; (ii) Kind of training (e.g., career experience program, continuing professional and technical education, retraining for occupational change); a description of the field of study; and the nature of any degree pursued under the training program; and (iii) A written continued service agreement, if required.