Section 622 of the Treasury and General Government Appropriations Act, 1998, (Public Law 105-61) prohibits use of appropriated funds for inappropriate or offensive training. Section 622 prohibits expenditures of Federal funds on training that is offensive to Federal employees and unnecessary in the execution of their official duties. However, the section is not intended to prohibit training that is necessary for Federal workers to effectively complete their assigned duties.

Similar restrictions appeared in section 624 of the Treasury, Postal Service, and General Government Appropriations Act of 1997 (Public Law 104-208) and in section 627 of the Treasury, Postal Service, and General Government Appropriations Act of 1996 (Public Law 104-52). Each year the U.S. Office of Personnel Management has issued guidance about using appropriated funds for training agency employees.

The following guidance is based on balancing the intent of section 622 with the basic authorities contained in training law, chapter 41 of title 5, United States Code.

Section 622 of Public Law 105-61 does not amend chapter 41 of title 5, United States Code, Training, or change the legal purpose of training -- to improve individual and organizational performance related to an agency's mission. Please note that the phrase "this or any other Act" refers to all Acts of Congress which appropriate funds to agencies, both civilian or military agencies, and to the training of all employees, both those subject to the civil service provisions of title 5 of the United States Code and those who are not subject to title 5.

Consistent with current law, this subsection reminds agency officials that there should be a relationship between the knowledge, skills, and abilities the training is intended to provide and an employee's lawfully assigned duties. Employees may be assigned to training associated with their current duties or anticipated duties related to the mission of the agency. The legal purpose of training continues to be to improve individual and organizational performance and to assist in achieving the agency's mission and performance goals (5 U.S.C. § 4101(4)). 5 CFR §410.203, based on Executive Order No. 11348 (1967), provides basic guidance to agencies for determining training needs of individuals, occupations, programs, and organizations.

It is our understanding that this subsection is meant to alert officials that they should carefully review and be sensitive to training content and training methods. Both content and methods should be evaluated in context with the purpose of the training. Training should not induce unnecessary psychological stress in participants. Some training programs might, of necessity, have the potential for inducing psychological stress and yet be performance related and in the Government's interest. An example would be training simulating stress already present in the employees' work environment.

For all agency-sponsored training, employees should be notified, in advance, of the purpose of the training, about the content to be expected in the training, and of the methods to be used in the training.

Written end-of-course evaluations should be used to assess participant reaction to the training, vendor and instructor performance and to assess the effectiveness of any participatory learning techniques.

Agency officials should review Equal Employment Opportunity Commission (EEOC) Notice N-915.022. The Notice is available from EEOC and electronically from the Training Forum of the OPM electronic bulletin board (202-606-4800). It provides guidance in handling situations where an employee objects to participating in a training program because the content or the techniques or exercises used conflict with the employee's religious beliefs. In addition, the Notice reminds agency officials of their duty under subsection 701(j) of title VII to accommodate employees' religious needs. Agencies should have procedures for handling employees' requests for religious accommodation regarding training.

This subsection reminds agency officials that it is inappropriate to use Federally-sponsored training to change employees personal values or to influence their lifestyles outside the workplace. This legislation does not affect training in Government ethics and codes of conduct expected of Federal employees. Both subjects are directly related to the performance of official duties. As noted earlier, the primary purpose for training is to improve performance.

Non-technical training is appropriate when it addresses:

In addition to the restriction in section 622 of Public Law 105-61, the Ryan White CARE Amendments Act of 1996 (Public Law 104-146, May 20, 1996), prohibits mandatory HIV or AIDS training for Federal employees, except for training necessary to protect the health and safety of Federal employees and the individuals served by the employees. A Federal employee (including a member of the armed forces) may not be required to attend or participate in an AIDS or HIV training program if the employee refuses to consent.

HIV/AIDS training is permitted to make employees aware of the medical ramifications of HIV/AIDS and the workplace rights of HIV positive employees. Mandatory HIV/AIDS training is permissible when it is necessary to protect the health and safety of the employee and the individuals served by the employee.

This legislation does not prohibit any type of training that is necessary for Federal workers to effectively complete their legally assigned tasks. In addition, it is not intended to affect any training for displaced workers designed to help them find new employment.