This Directive was canceled December 2, 2003.

Par.

1. Purpose
2. Authority and References
3. Definitions
4. Policy
5. Responsibilities
6. FHWA Training System
7. Expenses of Training
8. Continued Service Agreements
9. Constraints on Academic Degree Training
10. Attendance at Conferences
11. Training Evaluation
12. Reporting Training
13. Other Training-Related Provisions

1. PURPOSE. To set forth policies and guidelines for administering training activities for the Federal Highway Administration. This guidance covers training sponsored and funded under both central and local training, as well as other agency-supported training and development activities.
2. AUTHORITY AND REFERENCES.
   1. Title 5, United States Code, Chapter 41, Training,
   2. Title 5, Code of Federal Regulations, Part 410, Training,
   3. Executive Order 11348, Providing For Further Training of Government Employees, dated April 20, 1967,
   4. Executive Order 11478, Equal Employment Opportunity in the Federal Government, dated August 8, 1969,
   5. FHWA Order M1100.1A, FHWA Delegations and Organization Manual,
   6. Equal Employment Opportunity Commission (EEOC) Notice N-915.022, September 2, 1988,
   7. Department of Transportation (DOT) Operating Principles for Training, January 1996, and
   8. "Your Training Opportunities in the FHWA," February 1993.
3. DEFINITIONS.

   Training. The process of providing for, making available, placing, or enrolling an employee in a planned, prepared, and coordinated program, course, curriculum, subject, system, or routine of instruction or education, that will improve individual and organizational performance and assist in achieving the agency's mission and performance goals.

4. TRAINING POLICY.
   1. It is FHWA policy to make resources available to ensure that every employee has the necessary skills to perform their current job, and to prepare them for the changes brought on by new technology or redirection of the FHWA mission. Training will be aligned with the FHWA mission, goals and strategic plans and will support individual and organizational performance. The FHWA may provide training that will support individual career development goals when those goals are congruent with FHWA mission and goals.
   2. The purpose of FHWA training and development activities is to enhance performance, not to change participants' personal values or lifestyle outside the workplace. Training will focus on building knowledge, skills and abilities needed for effective job performance, and on behavior which employees are expected to exhibit in the workplace. FHWA training and development activities will be conducted consistent with "DOT Operating Principles for Training" issued by the Office of the Secretary.
   3. Employees will be notified in advance of participating in training: (1) the purpose of the training; (2) the general content of the training; (3) learning objectives; and (4) the method(s) of delivery. Notification will be provided through the Training Management System (TMS). Consistent with EEOC N915.022, FHWA organizations sponsoring or delivering training will allow for accommodation of an employee who objects to participating in a training program because it utilizes techniques or exercises which conflict with the employee's religious beliefs.
5. RESPONSIBILITIES.
   1. Supervisors.

      (1) It is the supervisor's responsibility to identify the training needs of their employees, areas in which improvement is needed, and recommend courses or other developmental activities to address the needs. In line with FHWA's commitment to training and development, supervisors should provide career planning and career counseling information to employees so that employees can begin developing new skills or expand on their existing skills. Supervisors should encourage employees to pursue career development activities on their own and with their own resources.

      (2) Supervisors approve training for employees consistent with FHWA delegations of authority and their own organizational policies and practices for managing the training process. Once training has been approved, the supervisor and employee should plan for the training so that the need for last-minute cancellations of training by the supervisor will be minimized.

   2. Employees.

      (1) It is the responsibility of each employee to assess his/her strengths and weaknesses and work with his/her supervisor to identify and plan for needed training and development. Employees should take responsibility for their long-term career development goals and strategies, seeking guidance as needed on how to integrate their personal goals with the goals of the FHWA. In addition to taking advantage of FHWA-sponsored training and development opportunities, employees are encouraged to pursue self-development on their own time and with their own resources.

      (2) Once approved for training, employees are responsible for making every effort to attend the training and to participate in all components of the training which are required for successful completion. Incomplete training courses or programs will not be documented in the employee's official personnel record, and the employee who fails to complete a course of training may be asked to reimburse the FHWA the cost of that training.

   3. Training and Executive Development Division. The Training and Executive Development Division (TEDD) is responsible for developing training policies and programs for FHWA and administering the FHWA training system and the annual Central Training Plan. The TEDD will assure that training plans and programs will be carried out in partnershipwith FHWA management and program offices to effectively meet agency needs.
6. FHWA TRAINING SYSTEM.
   1. The FHWA training system is made up of a range of training programs and developmental opportunities as well as the processes used to deliver those programs to employees. Included are formal and informal training provided through central training, local training, Career Training Programs, the Academic Study Program, the Supervisory/Management Development Program, the Executive Development Program, and the Videotape Library. Information about specific programs can be found in the publication, "Your Training Opportunities in the FHWA."
   2. The annual training cycle provides a systematic way for all managers, supervisors and employees to have input into the Annual Training Plan. The cycle begins with the development of Needs Assessments and Individual Training Plans (ITP). Information received from these processes forms organizational training plans which are subsequently consolidated to form the FHWA Annual Training Plan. The cycle is complete once the plan has been approved, courses acquired, slots disbursed to requestors, and course completion data collected for the training year. Additional information about FHWA's training cycle can be found in "Part I: The Training System, Your Training Opportunities in the FHWA."
   3. The Annual Training Plan is administered through the use of an automated system, the Training Management System (TMS). The TMS enables employees and managers to identify employee training needs and to request courses. Courserequests are reviewed and approved by management and, based upon those decisions, the Annual Training Plan is developed. Approved training is allocated to employees. Through the TMS, employees complete a training Needs Assessment and develop an Individual Training Plan (ITP).

      (1) Training Needs Assessment. Employees perform a thorough assessment of their training needs, using Office of Personnel Management (OPM) job categories to identify the major functions and specific functional areas and subfunctions of their job. When all major functions, functional areas and subfunctions are identified, employees complete the process by indicating in which areas training is needed. Supervisors review and concur on completed Needs Assessments, adding or deleting major functions, functional areas, and subfunctions when appropriate.

      (2) Individual Training Plan (ITP). Based on the Needs Assessment, employees develop an ITP in which they identify and plan for training needed over a 3-year period. The TMS automatically pulls courses from the course catalog that correspond to the major functions, functional areas, and subfunctions identified in the Needs Assessment. In addition to the courses TMS identifies, employees can select courses from the catalog, input local training requests, and select developmental opportunities.
7. EXPENSES OF TRAINING. The FHWA may pay the costs of training for employees as follows:
   1. pay all or part of the pay (except overtime, holiday, or night differential pay) of the employee selected and assigned for training for the entire period of training. (This includes employees approved to attend college or university courses under central or local training. An employee who attends courses during their normal work hours may therefore receive pay for those hours in lieu of taking annual leave. This decision is at the discretion of the supervisor, who should consider issues of fairness, equity and accomplishment of the mission in making the determination.)
   2. pay, or reimburse the employee for, all or part of the necessary expenses of training, including travel and per diem, subsistence, transportation of immediate family, household goods and personal effects, tuition and matriculation fees; library and laboratory services; purchase or rental of books, materials and supplies and other services or goods directly related to the training of the employee.
   3. training funds may not be used to purchase individual memberships in organizations except to the extent that the fee is a necessary cost of or a condition for participating in the approved training.
8. CONTINUED SERVICE AGREEMENTS. Before an employee is assigned to training that will exceed 160 hours in a single training course or program, the employee must agree in writing to continue in the employ of the Department of Transportation after the end of the training period for at least three times the length of the training period, unless he/she is involuntarily separated. Continued service agreements (CSA) will not be required when the training involves no expense to the Government other than the employee's pay.
   1. LENGTH OF CONTINUED SERVICE. The length of continued service is:

      (1) three times the length of the training period if pay is received during the training period, and the Government incurs additional expenses for the employee's training. For training occurring over an extended period of time, the continued service agreement should be prorated to assure reimbursement for training expenses incurred by the Government.

      (2) for the length of the training period, but not less than one month, whichever is greater, if pay is not received during the training period, but the Government incurs expenses for the employee's training.

      The continued service agreement begins on the first workday following the completion of training. Days in which the employee would not normally work (Saturday and Sunday) will not count toward the completion of the continued service period.

   2. FAILURE TO FULFILL CONTINUED SERVICE AGREEMENTS.

      (1) Employees who voluntarily leave the Department of Transportation before the end of their CSA obligation must repay to the Government the amount of the additional expenses incurred by the Government in connection with the training, excluding salary. The amount to be recovered as a percentage of the entire additional expense incurred will not exceed the portion of the agreement not completed.

      (2) The employee's fiscal office will collect from the employee a sum equal to all or a portion of additional expenses incident to the training, excluding pay, as specified above. When repayment cannot be obtained from the employee, appropriate action is to be taken to recover funds from any pay, retirement credit, or other amounts due the employee from the Government.

      (3) An employee who transfers to another Federal agency before completing a CSA will be obligated to fulfill that agreement in the new agency. The Office of Personnel and Training will notify the gaining agency of the employee's obligation under the CSA, and will transfer the agreement to that agency. If the training received cannot be used in the gaining agency, the FHWA must notify the employee before the effective date of the transfer of FHWA's intention to recover the appropriate amount of the training costs.

   3. REQUEST FOR RECONSIDERATION OR WAIVER OF REPAYMENT. An employee who has been asked to repay the costs of training for an unfulfilled CSA may request reconsideration of the amount to be repaid, or a waiver of the FHWA's right to recoverthe training costs. The employee must submit a request to the Associate Administrator for Administration, with explanation of circumstances which would justify a reconsideration of the amount or a waiver of repayment.
   4. WAIVER OF THE RIGHT OF RECOVERY OF TRAINING COSTS. The Associate Administrator for Administration may waive, in whole or in part, the FHWA's right to recover costs due from an employee who has failed to complete a CSA, if:

      (1) the employee has completed most, but not all, of the required period of service;

      (2) the employee resigned because of his or her own illness or the serious illness of a member of his or her immediate family; or

      (3) the employee is unable to make payment because of severe financial hardship.
9. CONSTRAINTS ON ACADEMIC DEGREE TRAINING.
   1. The FHWA is not authorized to select and assign an employee for training, or to pay or reimburse the costs of training for:

      (1) the purpose of providing an employee an opportunity to obtain an academic degree in order to qualify for appointment to a particular position for which the academic degree is a basic requirement; or

      (2) the sole purpose of providing an opportunity to an employee to obtain one or more academic degrees.

   2. Exception to Constraints.

      (1) In accordance with Title 5, Section 4107, the FHWA may provide training or payment or reimbursement for the costs of training not otherwise allowable if it is necessary to assist in the recruitment or retention of employees in occupations in which the agency has or anticipates a shortage of qualified personnel.

      (2) The occupations must involve critical skills as defined in OPM regulations covering this exception (5CFR.410.511). Shortages may be predetermined based on the existence of special salary rates, existence of direct-hire authority by the OPM, or statutory finding of a shortage category. Shortages may be determined by the agency, based on demonstrated difficulties in recruiting or retaining qualified individuals in that occupation.
10. ATTENDANCE AT CONFERENCES. Supervisors are responsible for evaluating the mission-related benefits to be derived from employees' attendance at specific conferences. Conferences can be considered training and funded with local training funds when: the conference is a special or unique training activity; the content of the conference is pertinent to the functions or activities of the organization and obvious developmental benefits will be derived; emphasis is placed on discussion and interaction among attendees and speakers in order to exchange information; and employees attend as official representatives or contributors of the organization.
11. TRAINING EVALUATION.
    1. The FHWA is committed to the continuous evaluation of all Central and Local Training. All centraltraining courses will be evaluated by participants at the conclusion of the course or activity. Supervisors are responsible for assuring that employees provide an evaluation of local training. Longer-term training programs will be evaluated at least yearly to determine effectiveness and to ensure that the administration and guidelines are in line with the FHWA's mission.
    2. Supervisors' follow up with employees at the conclusion of training is critical to evaluation of the training. It provides information about the effectiveness of the training in enhancing the employee's ability to perform his/her job as well as whether or not the purposes for the employee's attendance were fulfilled. It also presents an opportunity for supervisor and employee to jointly plan for specific work assignments or special projects in which the employee can apply what he/she learned in the training.
12. REPORTING TRAINING. The FHWA must review the needs and requirements of the agency for the training of its employees and report to the OPM on its programs and plans for the training of employees at least once every three years.
13. OTHER TRAINING-RELATED PROVISIONS. There are numerous Comptroller General decisions, GAO findings and precedent-setting court decisions which are relevant to the proper administration of training programs and expenditure of training funds. Updated information about these provisions will be communicated to FHWA managers and employees periodically. Such information is also readily available on various "search" systems subscribed to by the FHWA.