-CITE-

5 USC CHAPTER 41 - TRAINING 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

.

-HEAD-

CHAPTER 41 - TRAINING

-MISC1-

Sec.

4101. Definitions.

4102. Exceptions; Presidential authority.

4103. Establishment of training programs.

4104. Government facilities; use of.

4105. Non-Government facilities; use of.

(4106. Repealed.)

4107. Academic degree training.

4108. Employee agreements; service after training.

4109. Expenses of training.

4110. Expenses of attendance at meetings.

4111. Acceptance of contributions, awards, and other payments.

4112. Absorption of costs within funds available.

(4113. Repealed.)

(4114. Repealed.)

4115. Collection of training information.

4116. Training program assistance.

4117. Administration.

4118. Regulations.

4119. Training for employees under the Office of the Architect of

the Capitol and the Botanic Garden.

AMENDMENTS

2002 - Pub. L. 107-296, title XIII, Sec. 1331(b), Nov. 25, 2002,

116 Stat. 2299, substituted ''Academic degree training'' for

''Restriction on degree training'' in item 4107.

1995 - Pub. L. 104-66, title II, Sec. 2181(c)(2), Dec. 21, 1995,

109 Stat. 732, struck out item 4113 ''Agency review of training

needs; annual program reports''.

1994 - Pub. L. 103-226, Sec. 2(b)(2), Mar. 30, 1994, 108 Stat.

112, struck out item 4106 ''Non-Government facilities; amount of

training limited'', substituted ''Restriction on degree training''

for ''Non-Government facilities; restrictions'' in item 4107, and

struck out item 4114 ''Non-Government facilities; review of

training programs''.

1982 - Pub. L. 97-346, Sec. 1(b), Oct. 15, 1982, 96 Stat. 1647,

added item 4119.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3381, 9701 of this title;

title 2 section 609; title 18 section 209; title 26 section 4941;

title 38 section 3681.

-CITE-

5 USC Sec. 4101 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4101. Definitions

-STATUTE-

For the purpose of this chapter -

(1) ''agency'', subject to section 4102 of this title, means -

(A) an Executive department;

(B) an independent establishment;

(C) a Government corporation subject to chapter 91 of title

31;

(D) the Library of Congress;

(E) the Government Printing Office; and

(F) the government of the District of Columbia;

(2) ''employee'', subject to section 4102 of this title, means

-

(A) an individual employed in or under an agency; and

(B) a commissioned officer of the Environmental Science

Services Administration;

(3) ''Government'' means the Government of the United States

and the government of the District of Columbia;

(4) ''training'' means the process of providing for and making

available to an employee, and placing or enrolling the employee

in, a planned, prepared, and coordinated program, course,

curriculum, subject, system, or routine of instruction or

education, in scientific, professional, technical, mechanical,

trade, clerical, fiscal, administrative, or other fields which

will improve individual and organizational performance and assist

in achieving the agency's mission and performance goals;

(5) ''Government facility'' means property owned or

substantially controlled by the Government and the services of

any civilian and military personnel of the Government; and

(6) ''non-Government facility'' means -

(A) the government of a State or of a territory or possession

of the United States including the Commonwealth of Puerto Rico,

and an interstate governmental organization, or a unit,

subdivision, or instrumentality of any of the foregoing;

(B) a foreign government or international organization, or

instrumentality of either, which is designated by the President

as eligible to provide training under this chapter;

(C) a medical, scientific, technical, educational, research,

or professional institution, foundation, or organization;

(D) a business, commercial, or industrial firm, corporation,

partnership, proprietorship, or other organization;

(E) individuals other than civilian or military personnel of

the Government; and

(F) the services and property of any of the foregoing

furnishing the training.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 432; Pub. L. 90-206, title

II, Sec. 224(a), Dec. 16, 1967, 81 Stat. 642; Pub. L. 97-258, Sec.

3(a)(8), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 103-226, Sec.

2(a)(1), Mar. 30, 1994, 108 Stat. 111.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2302. July 7, 1958, Pub.

L. 85-507, Sec. 3,

72 Stat. 328.

-------------------------------

In paragraph (1), the word ''agency'' is substituted for

''department''. Reference to the ''General Accounting Office'' is

omitted as included in ''independent establishment'' because of the

definition in section 104.

In paragraph (2)(B), the words ''in the Department of Commerce''

are omitted as unnecessary.

In paragraph (6)(C), the word ''agency'' is omitted as

unnecessary and to avoid confusion with the word ''agency'' defined

by paragraph (1).

In paragraph (6)(E), the words ''individuals other than civilian

or military personnel of the Government'' are substituted for ''an

individual not a civilian or military officer or employee of the

Government of the United States or of the municipal government of

the District of Columbia'' to conform to paragraph (5).

The definition of ''Commission'' in former section 2302(4) is

omitted as unnecessary as the title ''Civil Service Commission'' is

fully set out the first time it is used in each section of this

chapter.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1994 - Par. (4). Pub. L. 103-226 substituted ''fields which will

improve individual and organizational performance and assist in

achieving the agency's mission and performance goals;'' for

''fields which are or will be directly related to the performance

by the employee of official duties for the Government, in order to

increase the knowledge, proficiency, ability, skill, and

qualifications of the employee in the performance of official

duties;''.

1982 - Par. (1)(C). Pub. L. 97-258 substituted ''chapter 91'' for

''sections 846-852 or 856-859''.

1967 - Par. (2)(B). Pub. L. 90-206 substituted ''Environmental

Science Services Administration'' for ''Coast and Geodetic

Survey''.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-206 effective Dec. 16, 1967, see section

220(a)(1) of Pub. L. 90-206, set out as an Effective Date note

under section 3110 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of Environmental Science Services Administration to

National Oceanic and Atmospheric Administration, see Transfer of

Functions note set out under section 5541 of this title.

DELEGATION OF FUNCTIONS

Functions of President under subsec. (6)(B) of this section

delegated to head of each agency concerned, see section 402 of Ex.

Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note

under section 4103 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5379 of this title; title

7 section 5922.

-CITE-

5 USC Sec. 4102 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4102. Exceptions; Presidential authority

-STATUTE-

(a)(1) This chapter does not apply to -

(A) a corporation supervised by the Farm Credit Administration

if private interests elect or appoint a member of the board of

directors;

(B) the Tennessee Valley Authority; or

(C) an individual (except a commissioned officer of the

National Oceanic and Atmospheric Administration) who is a member

of a uniformed service during a period in which he is entitled to

pay under section 204 of title 37.

(2) This chapter (except sections 4110 and 4111) does not apply

to -

(A) the Foreign Service of the United States; or

(B) an individual appointed by the President, unless the

individual is specifically designated by the President for

training under this chapter.

(b) The President, at any time in the public interest, may -

(1) except an agency or part thereof, or an employee or group

or class of employees therein, from this chapter or a provision

thereof (except this section); and

(2) withdraw an exception made under this subsection.

However, the President may not except the Office of Personnel

Management from a provision of this chapter which vests in or

imposes on the Office a function, duty, or responsibility

concerning any matter except the establishment, operation, and

maintenance, in the same capacity as other agencies, of training

programs and plans for its employees.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 433; Pub. L. 90-83, Sec.

1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 94-183, Sec. 2(11),

Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, title IX, Sec.

906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54, Sec.

2(a)(15), (19), Aug. 14, 1979, 93 Stat. 382.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2303. July 7, 1958, Pub.

L. 85-507, Sec. 4,

72 Stat. 329. May

26, 1959, Pub. L.

86-33, 73 Stat. 62.

Aug. 2, 1962, Pub.

L. 87-566, 76 Stat.

264.

-------------------------------

In subsection (a)(1), the exception for the President and Vice

President is omitted as surplusage as these elected officers are

not employed in or under an agency and thus are not included in the

definition of ''employee'' in section 4101(2).

In subsection (a)(1)(C), the words ''as defined by section 231(a)

of Title 37'' are omitted as unnecessary in view of the definition

of ''uniformed services'' in section 2101(b). The words ''section

204 of title 37'' are substituted for ''sections 232-234, 235, 236,

237, 238, and 239 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 ''by the President'' are

coextensive with and substituted for ''by the President by and with

the advice and consent of the Senate or by the President alone''.

In subsection (b)(1), reference to ''section 21, and section 22''

is omitted as unnecessary since the sections are not carried into

this title, but are scheduled for repeal, see Table II.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1979 - Subsec. (a)(1)(C). Pub. L. 96-54, Sec. 2(a)(19),

substituted ''National Oceanic and Atmospheric'' for

''Environmental Science Services''.

Subsec. (b). Pub. L. 96-54, Sec. 2(a)(15), substituted ''Office''

for ''Commission''.

1978 - Subsec. (b). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission''.

1975 - Subsec. (a)(2)(B). Pub. L. 94-183 struck out ''(except a

Postmaster)'' after ''an individual appointed by the President''.

1967 - Subsec. (a)(1)(C). Pub. L. 90-83 substituted

''Environmental Science Services Administration'' for ''Coast and

Geodetic Survey.'' See Historical and Revision Notes under section

2101 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendments by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (b)(1) of this section

delegated to Office of Personnel Management, see section 401(a) of

Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note

under section 4103 of this title.

-EXEC-

EX. ORD. NO. 10805. CENTRAL INTELLIGENCE AGENCY

Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, provided:

Section 1. The Central Intelligence Agency is hereby designated

as excepted from the following-described provisions of the

Government Employees Training Act (this chapter and section 1308 of

this title):

(a) Section 2(4), 6, 9(b)(1), 11, 12, 15, 16, and 18 (sections

4117, 4118, 4105(b)(1), 4108, 4106, 4114, 4115, and

1308(a)(4)(A)-(C), (b) and 4113(b) respectively of this title).

(b) The last sentence of section 5 (section 4113(a) of this

title).

(c) That part of section 7 (section 4103(1) of this title) which

reads ''shall conform, on or after the effective date of the

regulations prescribed by the Commission under section 6 of this

Act (section 4118 of this title), to the principles, standards, and

related requirements contained in such regulations then current,''.

(d) That part of section 10 (section 4109(a) of this title) which

reads ''in accordance with regulations issued by the Commission

under authority of section 6(a)(8) (section 4118(a)(8) of this

title).''

Sec. 2. Section 2 of Executive Order No. 10800, of January 15,

1959, is hereby amended by deleting the reference to ''section 5''

and the reference to ''section 5(b)'' and by inserting in lieu

thereof ''section 4'' and ''section 4(b)'', respectively.

EXECUTIVE ORDER NO. 11531

Ex. Ord. No. 11531, May 26, 1970, 35 F.R. 8337, which related to

the delegation of Presidential authority to designate United States

Marshals and United States Attorneys for training, was superseded

by Ex. Ord. No. 11895, Jan. 6, 1976, 41 F.R. 1465, set out below.

EX. ORD. NO. 11895. DELEGATION OF PRESIDENTIAL AUTHORITY TO

DESIGNATE INDIVIDUALS APPOINTED BY THE PRESIDENT TO RECEIVE

TRAINING

Ex. Ord. No. 11895, Jan. 6, 1976, 41 F.R. 1465, as amended by Ex.

Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by Section 301 of Title 3

of the United States Code, and as President of the United States,

it is hereby ordered as follows:

Section 1. Except as provided in Section 2 of this Order, the

Office of Personnel Management is hereby designated and empowered

to exercise the authority vested in the President by Section

4102(a)(2)(B) of Title 5, United States Code, to designate

individuals appointed by the President for training under Chapter

41 of Title 5, United States Code.

Sec. 2. The Attorney General is hereby designated and empowered

to exercise the authority vested in the President by Section

4102(a)(2)(B) to designate individuals appointed by the President

as United States Attorneys and United States Marshals for training

under Chapter 41 of Title 5, United States Code.

Sec. 3. Executive Order No. 11531 of May 26, 1970, is hereby

superseded.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4101, 4108 of this title.

-CITE-

5 USC Sec. 4103 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4103. Establishment of training programs

-STATUTE-

(a) In order to assist in achieving an agency's mission and

performance goals by improving employee and organizational

performance, the head of each agency, in conformity with this

chapter, shall establish, operate, maintain, and evaluate a program

or programs, and a plan or plans thereunder, for the training of

employees in or under the agency by, in, and through Government

facilities and non-Government facilities. Each program, and plan

thereunder, shall -

(1) conform to the principles, standards, and related

requirements contained in the regulations prescribed under

section 4118 of this title;

(2) provide for adequate administrative control by appropriate

authority;

(3) provide that information concerning the selection and

assignment of employees for training and the applicable training

limitations and restrictions be made available to employees of

the agency; and

(4) provide for the encouragement of self-training by employees

by means of appropriate recognition of resultant increases in

proficiency, skill, and capacity.

Two or more agencies jointly may operate under a training program.

(b)(1) Notwithstanding any other provision of this chapter, an

agency may train any employee of the agency to prepare the employee

for placement in another agency if the head of the agency

determines that such training would be in the interests of the

Government.

(2) In selecting an employee for training under this subsection,

the head of the agency shall consider -

(A) the extent to which the current skills, knowledge, and

abilities of the employee may be utilized in the new position;

(B) the employee's capability to learn skills and acquire

knowledge and abilities needed in the new position; and

(C) the benefits to the Government which would result from such

training.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966. 80 Stat. 433; Pub. L. 95-454, title

III, Sec. 304, Oct. 13, 1978, 92 Stat. 1146; Pub. L. 103-226, Sec.

2(a)(2), Mar. 30, 1994, 108 Stat. 111.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2306. July 7, 1958, Pub.

L. 85-507, Sec. 7,

72 Stat. 331.

-------------------------------

The words ''Within two hundred and seventy days after the date of

enactment of this Act (July 7, 1958)'' are omitted as obsolete.

In paragraph (1), reference to the effective date of the

regulations is omitted as obsolete.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-226, Sec. 2(a)(2)(A)(i), in

introductory provisions, substituted ''In order to assist in

achieving an agency's mission and performance goals by improving

employee and organizational performance, the head of each agency,

in conformity with this chapter, shall establish, operate,

maintain, and evaluate'' for ''In order to increase economy and

efficiency in the operations of the agency and to raise the

standards of performance by employees of their official duties to

the maximum possible level of proficiency, the head of each agency,

in conformity with this chapter, shall establish, operate, and

maintain''.

Subsec. (a)(3), (4). Pub. L. 103-226, Sec. 2(a)(2)(A)(ii)-(iv),

added par. (3) and redesignated former par. (3) as (4).

Subsec. (b)(1). Pub. L. 103-226, Sec. 2(a)(2)(B)(i), substituted

''determines that such training would be in the interests of the

Government.'' for ''determines that the employee will otherwise be

separated under conditions which would entitle the employee to

severance pay under section 5595 of this title.''

Subsec. (b)(2). Pub. L. 103-226, Sec. 2(a)(2)(B)(ii), (iii),

redesignated par. (3) as (2), in subpar. (C) substituted ''such

training'' for ''retaining the employee in the Federal service'',

and struck out former par. (2) which read as follows: ''Before

undertaking any training under this subsection, the head of the

agency shall obtain verification from the Office of Personnel

Management that there exists a reasonable expectation of placement

in another agency.''

Subsec. (b)(3). Pub. L. 103-226, Sec. 2(a)(2)(B)(ii),

redesignated par. (3) as (2).

1978 - Pub. L. 95-454 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

OPTIONAL PARTICIPATION OF FEDERAL EMPLOYEES IN AIDS TRAINING

PROGRAMS

Pub. L. 104-146, Sec. 9, May 20, 1996, 110 Stat. 1373, provided

that:

''(a) In General. - Notwithstanding any other provision of law, a

Federal employee may not be required to attend or participate in an

AIDS or HIV training program if such employee refuses to consent to

such attendance or participation, except for training necessary to

protect the health and safety of the Federal employee and the

individuals served by such employees. An employer may not

retaliate in any manner against such an employee because of the

refusal of such employee to consent to such attendance or

participation.

''(b) Definition. - As used in subsection (a), the term 'Federal

employee' has the same meaning given the term 'employee' in section

2105 of title 5, United States Code, and such term shall include

members of the armed forces.''

EXPERIMENTAL PROGRAM RELATING TO ACCEPTANCE OF VOLUNTARY SERVICES

FROM PARTICIPANTS IN EXECUTIVE EXCHANGE PROGRAM

Pub. L. 101-416, Sec. 1, Oct. 12, 1990, 104 Stat. 902, authorized

a 90-day extension of programs established under Pub. L. 99-424 for

individuals who were participating in the program on the expiration

date.

Pub. L. 99-424, Sept. 30, 1986, 100 Stat. 964, as amended by Pub.

L. 101-87, Aug. 16, 1989, 103 Stat. 595, authorized President to

establish an experimental program, to be conducted during fiscal

years 1987 through 1990, under which voluntary services could be

accepted by the Government, without regard to 31 U.S.C. 1342.

DEPARTMENT OF HOMELAND SECURITY

Exception from provisions of subsec. (a)(1) 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, Sec. 86, Feb. 28, 2003, 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 provisions

of subsec. (a)(1) of this section, see Ex. Ord. No. 10805, Feb. 18,

1959, 24 F.R. 1301, set out as a note under section 4102 of this

title.

-EXEC-

EX. ORD. NO. 11348. FURTHER TRAINING OF GOVERNMENT EMPLOYEES

Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by section 301 of Title 3

of the United States Code and by section 2 of the Act of July 7,

1958 (72 Stat. 327), it is ordered as follows:

PART I - GENERAL

Section 101. (a) As used in this order, the terms ''agency'',

''employee'', ''Government'', and ''training'', have meanings given

to those terms, respectively, by section 4101 of Title 5, United

States Code.

(b) ''Interagency training'' means training provided by one

agency for other agencies or shared by two or more agencies.

Sec. 102. It is the policy of the Government of the United States

to develop its employees through the establishment and operation of

progressive and efficient training programs, thereby improving

public service, increasing efficiency and economy, building and

retaining a force of skilled and efficient employees, and

installing and using the best modern practices and techniques in

the conduct of the Government's business.

Sec. 103. The Office of Personnel Management shall provide

leadership and guidance to insure that the policy set forth in

section 102 is carried out.

PART II - OFFICE OF PERSONNEL MANAGEMENT RESPONSIBILITIES

Sec. 201. The Office of Personnel Management shall plan and

promote the development, improvement, coordination, and evaluation

of training in accordance with chapter 41 of Title 5, United States

Code, and with the policy set forth in section 102 of this order.

Sec. 202. In carrying out its responsibilities under chapter 41

of Title 5, United States Code, and section 201 of this order, the

Office shall:

(a) Advise the President on means for furthering and

strengthening programs of training;

(b) Counsel heads of agencies and other agency officials on the

improvement of training;

(c) Assist agencies to develop sound programs and financial plans

for training and provide advice, information, and assistance to

agencies on planning, programming, budgeting, operating, and

evaluating training programs;

(d) Identify functional areas in which new or expanded

interagency training activity is needed and either conduct such

training or arrange for agencies having the substantive competence

to do so;

(e) Coordinate interagency training conducted by and for agencies

(including agencies and portions of agencies excepted by section

4102(a) of Title 5, United States Code);

(f) Encourage agencies to make appropriate use of non-Government

training resources;

(g) Develop, install, and maintain a system to provide the

training data needed to carry out its own functions and to provide

staff assistance to the President; and

(h) Provide for identification and dissemination of findings of

research into training technology and undertake or assign to other

agencies, such research projects as may be needed.

PART III - AGENCY RESPONSIBILITIES AND OPERATIONS

Sec. 301. The head of each agency shall plan, program, budget,

operate, and evaluate training programs in accordance with chapter

41 of Title 5, United States Code, and with the policy set forth in

section 102 of this order.

Sec. 302. The head of each agency shall:

(a) Foster employee self-development by creating a work

environment in which self-development is encouraged, by assuring

that opportunities for training and self-study materials are

reasonably available, where the employee is stationed, and by

recognizing self-initiated improvement in performance;

(b) Provide training for employees without regard to race, creed,

color, national origin, sex, or other factors unrelated to the need

for training;

(c) Establish and make full use of agency facilities for training

employees;

(d) Extend agency training programs to employees of other

agencies (including agencies and portions of agencies excepted by

section 4102(a) of Title 5, United States Code) and assign his

employees to interagency training whenever this will result in

better training, improved service, or savings to the Government;

(e) Establish interagency training facilities in areas of

substantive competence as arranged by the Office of Personnel

Management; and

(f) Use non-Government training resources as appropriate.

Sec. 303. In carrying out his responsibilities, the head of each

agency shall, consonant with chapter 41 of Title 5, United States

Code, this order, and regulations of the Office of Personnel

Management:

(a) Review periodically, but not less often than annually, the

agency's program to identify training needed to bring about more

effective performance at the least possible cost;

(b) Conduct periodic reviews of individual employee's training

needs as related to program objectives;

(c) Conduct research related to training objectives and required

for program improvement and effectiveness;

(d) Plan, program, and evaluate training for both short and

longrange program needs by occupations, organizations, or other

appropriate groups;

(e) Establish priorities for needed training, and provide for the

use of funds and manhours in accordance with these priorities;

(f) Utilize the flexibility of work assignments to provide work

experience which promotes growth leading to higher quality and

greater quantity of work done;

(g) Establish training facilities and services as needed;

(h) Monitor the effectiveness with which self-development is

encouraged and on-the-job training is provided at all levels; and

(i) Establish criteria for the selection of employees for

training; and

(j) Approve the acceptance of any contributions, awards, or

payments to employees authorized by section 401(b) of this order

and regulations issued by the Office of Personnel Management.

PART IV - DELEGATIONS

Sec. 401. The following functions vested in the President are

hereby delegated to the Office of Personnel Management:

(a) The authority under section 4102(b)(1) of Title 5, United

States Code, to designate any agency or part thereof, or any

employee or employees therein, as excepted from any provision of

chapter 41, of Title 5, United States Code, other than sections

4102, 4111(b), and 4112; and to designate any such agency or part

thereof, or any employee or employees therein previously excepted,

as again subject to chapter 41 of Title 5, United States Code, or

any provision of that chapter.

(b) The authority under section 4111(a) of Title 5, United States

Code, to fix by regulation the extent to which the contributions,

awards, and payments referred to in that section may be made to and

accepted by employees.

Sec. 402. The authority vested in the President by section

4101(6)(B) of Title 5, United States Code, to designate a foreign

government or international organization or instrumentality of

either as eligible to provide training, is hereby delegated to the

head of each agency for his employees except that each such

designation shall be made only after the agency head concerned has

obtained and given due consideration to the advice of the

Department of State thereon prior to the first use of such training

facility and thereafter periodically but not less often than once

every three years.

PART V - REVOCATION OF PRIOR ORDER

Sec. 501. Executive Order No. 10800 of January 15, 1959, is

hereby revoked.

EXECUTIVE ORDER NO. 11451

Ex. Ord. No. 11451, Jan. 19, 1969, 34 F.R. 921, as amended by Ex.

Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which established the

President's Commission on Personnel Interchange, was superseded by

Ex. Ord. No. 12136, May 15, 1979, 44 F.R. 28771, formerly set out

below.

EXECUTIVE ORDER NO. 12136

Ex. Ord. No. 12136, May 15, 1979, 44 F.R. 28771, which continued

the President's Commission on Personnel Interchange and renamed it

the President's Commission on Executive Exchange, was revoked by

Ex. Ord. No. 12493, Dec. 5, 1984, 49 F.R. 47819, formerly set out

below.

EXECUTIVE ORDER NO. 12493

Ex. Ord. No. 12493, Dec. 5, 1984, 49 F.R. 47819, as amended by

Ex. Ord. No. 12516, May 21, 1985, 50 F.R. 21417; Ex. Ord. No.

12602, July 15, 1987, 52 F.R. 27187, which continued the

President's Commission on Executive Exchange, was revoked by Ex.

Ord. No. 12760, Sec. 2, May 2, 1991, 56 F.R. 21062, set out below.

EX. ORD. NO. 12574. ESTABLISHING EXPERIMENTAL PROGRAM WITHIN

PRESIDENT'S COMMISSION ON EXECUTIVE EXCHANGE

Ex. Ord. No. 12574, Nov. 20, 1986, 51 F.R. 42199, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including the

Executive Exchange Program Voluntary Services Act of 1986 (5 U.S.C.

4103 note, 100 Stat. 964), it is hereby ordered as follows:

Section 1. Establishment of the Program. Effective October 1,

1986, there is established, within the Executive Exchange Program

of the President's Commission on Executive Exchange, an

experimental program under which Executive agencies of the

government may accept voluntary services for the United States from

private sector participants in the Executive Exchange Program.

Sec. 2. Program Limits. The experimental program shall be

conducted during the fiscal years 1987 through 1989, and not more

than ten individuals may commence participation in the program

during any fiscal year. Acceptance of voluntary services from such

individuals may not result in the displacement of any employee of

the government.

Sec. 3. Participant Restrictions. An individual participating in

the experimental program shall be considered an employee of the

agency to which assigned for purposes of any laws, rules, and

regulations of the United States, except that such individual shall

not be covered by chapters 51, 53, 63, 83, 87, or 89 of title 5,

United States Code, or any comparable provisions relating to

classification, pay, leave, retirement, life insurance, or health

benefits for employees of the government. Ronald Reagan.

EX. ORD. NO. 12760. PRESIDENT'S COMMISSION ON EXECUTIVE EXCHANGE

Ex. Ord. No. 12760, May 2, 1991, 56 F.R. 21062, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, it is hereby ordered

as follows:

Section 1. The President's Commission on Executive Exchange is

hereby abolished. The Director of the Office of Personnel

Management shall be responsible for terminating the functions of

the Commission, which shall be completed no later than September

30, 1991.

Sec. 2. Executive Order No. 12493 of December 5, 1984 is revoked.

George Bush.

EX. ORD. NO. 13111. USING TECHNOLOGY TO IMPROVE TRAINING

OPPORTUNITIES FOR FEDERAL GOVERNMENT EMPLOYEES

Ex. Ord. No. 13111, Jan. 12, 1999, 64 F.R. 2793, as amended by

Ex. Ord. No. 13188, Jan. 12, 2001, 66 F.R. 5419; Ex. Ord. No.

13218, Sec. 3(a), June 20, 2001, 66 F.R. 33628, provided:

Advances in technology and increased skills needs are changing

the workplace at an ever increasing rate. These advances can make

Federal employees more productive and provide improved service to

our customers, the American taxpayers. We need to ensure that we

continue to train Federal employees to take full advantage of these

technological advances and to acquire the skills and learning

needed to succeed in a changing workplace. A coordinated Federal

effort is needed to provide flexible training opportunities to

employees and to explore how Federal training programs,

initiatives, and policies can better support lifelong learning

through the use of learning technology.

To help us meet these goals, I am creating a task force on

Federal training technology, directing Federal agencies to take

certain steps to enhance employees' training opportunities through

the use of training technology, and an advisory committee on the

use of training technology, which also will explore options for

financing the training and post-secondary education needed to

upgrade skills and gain new knowledge.

Therefore, by the authority vested in me as President by the

Constitution and the laws of the United States of America,

including the Federal Advisory Committee Act, as amended (5 U.S.C.

App.), and in furtherance of the purposes of Chapter 41 of title 5,

United States Code, the Government Employees Training Act of 1958

(Public Law 85-507 (see Tables for classification)), as amended,

and Executive Order 11348, ''Providing for the Further Training of

Government Employees,'' (set out above) and in order to make

effective use of technology to improve training opportunities for

Federal Government employees, it is ordered as follows:

Section 1. Establishment of the President's Task Force on Federal

Training Technology. (a) The ''President's Task Force on Federal

Training Technology'' (Task Force) is established. The Task Force

shall provide leadership regarding the effective use of technology

in training and education; make training opportunities an integral

part of continuing employment in the Federal Government; and

facilitate the ongoing coordination of Federal activities

concerning the use of technology in training. The Task Force shall

consist of the heads of the following departments and agencies or

their representatives: the Departments of State, the Treasury,

Defense, Justice, Interior, Agriculture, Commerce, Labor, Health

and Human Services, Housing and Urban Development, Transportation,

Energy, and Education; the Office of Personnel Management, General

Services Administration, Environmental Protection Agency, National

Aeronautics and Space and Administration, Small Business

Administration, and Social Security Administration; a

representative from the Small Agency Council; and representatives

from other relevant agencies and related Federal councils, as

determined by the Chair and Vice Chair of the Task Force.

(b) Within 30 days of the date of this order, the head of each

agency or council shall designate a senior official to serve as a

representative to the Task Force. The representative shall report

directly to the agency head or the President's Management Council

member on the agency's or council's activities under this order.

(c) The Director of the Office of Personnel Management (OPM)

shall be the Chair and the representative from the Department of

Labor shall be the Vice Chair of the Task Force.

(d) The Chair and Vice Chair shall appoint an Executive Director.

(e) The Task Force member agencies shall provide any required

staffing and funding, as appropriate.

Sec. 2. Duties of the Task Force. (a) Within 18 months of the

date of this order, the Task Force shall develop and recommend to

the President, through the Assistant to the President for Economic

Policy and the Assistant to the President for Science and

Technology, a policy to make effective use of technology to improve

training opportunities for Federal Government employees. The

policy should promote and integrate the effective use of training

technologies to create affordable and convenient training

opportunities to improve Federal employee performance. The Task

Force shall seek the views of experts from industry, academia, and

State and local governments as the Task Force proceeds, as

appropriate. Specifically, the Task Force shall:

(1) develop strategies to improve the efficiency and

availability of training opportunities for Federal Government

employees;

(2) form partnerships among key Federal agencies, State and

local governments, businesses, universities, and other

appropriate entities to promote the development and use of

high-quality training opportunities;

(3) analyze the use of technology in existing training programs

and policies of the Task Force member agencies to determine what

changes, modifications, and innovations may be necessary to

advance training opportunities;

(4) in consultation with the Department of Defense and the

National Institute of Standards and Technology, recommend

standards for training software and associated services purchased

by Federal agencies and contractors. These standards should be

consistent with voluntary industry consensus-based commercial

standards. Agencies, where appropriate, should use these

standards in procurements to promote reusable training component

software and thereby reduce duplication in the development of

courseware;

(5) evaluate and, where appropriate, coordinate and collaborate

on, research and demonstration activities of Task Force member

agencies related to Federal training technology;

(6) identify and support cross-agency training areas that would

particularly benefit from new instructional technologies and

facilitate multiagency procurement and use of training materials,

where appropriate;

(7) in consultation with the General Services Administration,

the Office of Personnel Management, and the Office of Federal

Procurement Policy of the Office of Management and Budget (OFPP),

promote existing and new procurement vehicles that allow agencies

to provide innovative training opportunities for Federal

employees;

(8) recommend changes that may be needed to existing

procurement laws to further the objectives of this order and

forward the recommendations to the Administrator of OFPP; and

(b) develop options and recommendations for establishing a

Federal Individual Training Account for each Federal worker for

training relevant to his or her Federal employment. To the extent

permitted by law, such accounts may be established with the funds

allocated to the agency for employee training. Approval for

training would be within the discretion of the individual

employee's manager. Options and recommendations shall be reported

no later than 6 months from the date of this order.

Sec. 3. Duties of All Federal Agencies. (a) Each Federal agency

shall, to the extent permitted by law:

(1) include as part of its annual budget process a set of goals

to provide the highest quality and most efficient training

opportunities possible to its employees, and a set of performance

measures of the quality and availability of training

opportunities possible to its employees. Such measures should

be, where appropriate, based on outcomes related to performance

rather than time allocation;

(2) identify the resources necessary to achieve the

aforementioned goals and performance measures articulated in its

annual performance plan;

(3) and, where practicable, use the standards recommended by

the Task Force and published by the Office of Personnel

Management for purchasing training software and associated

services; and

(4) subject to the availability of appropriations, post

training courses, information, and other learning opportunities

on the Department of Labor's America's Learning Exchange (ALX),

or other appropriate information dissemination vehicles as

determined by the Task Force, to make information about Federal

training courses, information, and other learning opportunities

widely available to Federal employees.

(b) Each Federal agency, to the extent permitted by law, is

encouraged to consider how savings achieved through the efficient

use of training technology can be reinvested in improved training

for their employees.

Sec. 4. Duties of Specific Federal Agencies. (a) In light of the

Office of Personnel Management's responsibility for developing

Government-wide training policy, coordinating and managing training

policy programs, and providing technical assistance to Federal

agencies, the Office of Personnel Management or other appropriate

agency as determined by the Task Force shall:

(1) in consultation with the Task Force, the Department of

Defense, the National Institute of Standards and Technology, the

Department of Labor, and other appropriate agencies as determined

by OPM, publish the standards for training software and

associated services recommended by the Task Force; and

(2) ensure that qualification standards for civil service

positions, where appropriate, reflect standard industry

certification practices.

(b) The Department of Labor or other appropriate agency as

determined by the Task Force shall, subject to the availability of

appropriations:

(1) establish a specialized database for Federal training

within the framework of the Department of Labor's ALX, or other

appropriate information dissemination vehicles determined by the

Task Force, to make information about Federal training courses,

information, and other learning opportunities widely available to

Federal employees;

(2) establish and maintain a training technology website for

agencies to post training needs and to foster communication among

the agencies and between public and private sector organizations

to identify and meet common needs; and

(3) establish a staffed help desk and technology resource

center to support Federal agencies using training technology and

to facilitate the development of online training courses.

(c) The Department of Defense or other appropriate agency as

determined by the Task Force shall:

(1) in consultation with the National Institute of Standards

and Technology, lead Federal participation in business and

university organizations charged with developing consensus

standards for training software and associated services and lead

the Federal review of the standards; and

(2) provide guidance to Defense agencies and advise the

civilian agencies, as appropriate, on how best to use these

standards for large-scale development and implementation of

efficient and effective distributed learning technologies.

(d) Each Executive department shall designate at least one

subject area of training that it will use to demonstrate

opportunities in technology-based training and assign an agency

leader in the designated area. Leaders in these training

technology experiments shall work closely with other agencies with

similar training interests. Each Executive department shall

develop a plan for measuring and evaluating the effectiveness,

cost-effectiveness, and benefits to employees and the agency for

each designated subject area.

Sec. 5. Establishment of Advisory Committee on Expanding Training

Opportunities.

The Advisory Committee on Expanding Training Opportunities

(Committee) is established. The Committee shall consist of not

more that 20 members appointed by the President from outside the

Federal Government, including representatives of the research,

education, labor, and training communities, information technology

sector, and representatives from other critical sectors. The

President shall designate Co-Chairs from among the members of the

Committee.

Sec. 6. Functions of the Advisory Committee. The Committee shall

provide the President, through the Secretary of Labor (who shall

ensure the coordination of the activities of the Committee with the

activities undertaken pursuant to sections 1 and 2 of the Executive

Order on the 21st Century Workforce Initiative (Ex. Ord. No. 13218,

29 U.S.C. 2801 note)), an independent assessment of:

(1) progress made by the Federal Government in its use and

integration of technology in adult training programs,

particularly in addressing the problems of adult illiteracy;

(2) how Federal Government programs, initiatives, and policies

can encourage or accelerate training technology to provide more

accessible, more timely, and more cost-effective training

opportunities for all Americans;

(3) mechanisms for the Federal Government to widely deploy and

utilize technology-mediated instruction so all Americans may take

advantage of opportunities provided by learning technology;

(4) the appropriate Federal Government role in research and

development for learning technologies and their applications in

order to develop high-quality training and education

opportunities for all Americans; and

(5) such other issues regarding emerging technologies in

government training as specified by the Secretary of Labor.

Sec. 7. Administration of the Advisory Committee. (a) To the

extent permitted by law and subject to the availability of

appropriations, the Office of Personnel Management shall provide

the financial and administrative support for the Committee.

(b) The heads of Executive agencies shall, to the extent

permitted by law, provide to the Committee such information as it

may require for the purpose of carrying out its functions.

(c) The Committee Co-Chairs may, from time to time, invite

experts to submit information to the Committee and may form

subcommittees or working groups within the Committee to review

specific issues.

(d) Members of the Committee shall serve without compensation but

shall be allowed travel expenses, including per diem instead of

subsistence, as authorized by law for persons serving

intermittently in the Government service (5 U.S.C. 5701-5707).

(e) Notwithstanding any other Executive order, the functions of

the President under the Federal Advisory Committee Act, as amended,

that are applicable to the Committee, except that of reporting to

the Congress, shall be performed by the Office of Personnel

Management in accordance with guidelines that have been issued by

the Administrator of General Services.

(f) The Committee shall terminate on January 11, 2003(,) unless

extended by the President prior to such date.

Sec. 8. Definitions. (a) As used in this order, the terms

''agency,'' ''employee,'' ''Government,'' and ''training'' have the

meaning given to those terms, respectively, by section 4101 of

title 5, United States Code.

(b) The term ''technology,'' means any equipment or

interconnected system or subsystem of equipment that is used in the

automatic acquisition, storage, manipulation, management, movement,

control, display, switching, interchange, transmission, or

reception of data or information, including computers, ancillary

equipment, software, firmware and similar procedures, services

(including support services), and related resources. For purposes

of the preceding sentence, equipment is used by an Executive agency

if the equipment is used by the Executive agency directly or is

used by a contractor under a contract with the Executive agency

that requires the use of such equipment. The term ''technology''

does not include any equipment that is acquired by a Federal

contractor incidental to a Federal contract.

Sec. 9. Judicial Review. This order does not create any

enforceable rights against the United States, its agencies, its

officers, or any person.

-CITE-

5 USC Sec. 4104 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4104. Government facilities; use of

-STATUTE-

An agency program for the training of employees by, in, and

through Government facilities under this chapter shall -

(1) provide for training, insofar as practicable, by, in, and

through Government facilities under the jurisdiction or control

of the agency; and

(2) provide for the making by the agency, to the extent

necessary and appropriate, of agreements with other agencies in

any branch of the Government, on a reimbursable basis when

requested by the other agencies, for -

(A) use of Government facilities under the jurisdiction or

control of the other agencies in any branch of the Government;

and

(B) extension to employees of the agency of training programs

of other agencies.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 434.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2307. July 7, 1958, Pub.

L. 85-507, Sec. 8,

72 Stat. 331.

-------------------------------

In paragraph (2), the words ''other agencies in any branch of the

Government'' and ''the other agencies'' are coextensive with and

substituted for ''other departments, and with other agencies in any

branch of the Government'' and ''such other departments and

agencies''. This is so because ''other agencies in any branch of

the Government'' is broader than ''agency'' as defined for the

purpose of this chapter in section 4101(1).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 4105 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4105. Non-Government facilities; use of

-STATUTE-

The head of an agency, without regard to section 5 of title 41,

may make agreements or other arrangements for the training of

employees of the agency by, in, or through non-Government

facilities under this chapter.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 434; Pub. L. 103-226, Sec.

2(a)(3), Mar. 30, 1994, 108 Stat. 111.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2308. July 7, 1958, Pub.

L. 85-507, Sec. 9,

72 Stat. 331.

-------------------------------

In subsection (a), the word ''appropriate'' is omitted as

unnecessary.

In subsection (b)(1), the words ''by, in, and through

non-Government facilities'' are omitted as unnecessary in view of

the previous reference in the subsection.

In subsection (b)(2), the word ''appropriate'' is omitted as

unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1994 - Pub. L. 103-226 struck out subsec. (a) designation and

subsecs. (b) and (c), which read as follows:

''(b) An agency program for the training of employees by, in, and

through non-Government facilities under this chapter shall -

''(1) provide that information concerning the selection and

assignment of employees for training and the applicable training

limitations and restrictions be made available to employees of

the agency; and

''(2) give consideration to the needs and requirements of the

agency in recruiting and retaining scientific, professional,

technical, and administrative employees.

''(c) In order to protect the Government concerning payment and

reimbursement of training expenses, each agency shall prescribe

such regulations as it considers necessary to implement the

regulations prescribed under section 4118(a)(8) of this title.''

CENTRAL INTELLIGENCE AGENCY

Exception of Central Intelligence Agency from provisions of

subsec. (b)(1) of this section, see Ex. Ord. No. 10805, Feb. 18,

1959, 24 F.R. 1301, set out as a note under section 4102 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3381 of this title.

-CITE-

5 USC Sec. 4106 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

(Sec. 4106. Repealed. Pub. L. 103-226, Sec. 2(a)(4), Mar. 30, 1994,

108 Stat. 112)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 434; Pub. L.

95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat.

1224, related to limitations on amount of training of employees

through non-Government facilities.

-CITE-

5 USC Sec. 4107 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4107. Academic degree training

-STATUTE-

(a) Subject to subsection (b), an agency may select and assign an

employee to academic degree training and may pay or reimburse the

costs of academic degree training from appropriated or other

available funds if such training -

(1) contributes significantly to -

(A) meeting an identified agency training need;

(B) resolving an identified agency staffing problem; or

(C) accomplishing goals in the strategic plan of the agency;

(2) is part of a planned, systemic, and coordinated agency

employee development program linked to accomplishing the

strategic goals of the agency; and

(3) is accredited and is provided by a college or university

that is accredited by a nationally recognized body.

(b) In exercising authority under subsection (a), an agency shall

-

(1) consistent with the merit system principles set forth in

paragraphs (2) and (7) of section 2301(b), take into

consideration the need to -

(A) maintain a balanced workforce in which women, members of

racial and ethnic minority groups, and persons with

disabilities are appropriately represented in Government

service; and

(B) provide employees effective education and training to

improve organizational and individual performance;

(2) assure that the training is not for the sole purpose of

providing an employee an opportunity to obtain an academic degree

or qualify for appointment to a particular position for which the

academic degree is a basic requirement;

(3) assure that no authority under this subsection is exercised

on behalf of any employee occupying or seeking to qualify for -

(A) a noncareer appointment in the senior Executive Service;

or

(B) appointment to any position that is excepted from the

competitive service because of its confidential

policy-determining, policy-making or policy-advocating

character; and

(4) to the greatest extent practicable, facilitate the use of

online degree training.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 435; Pub. L. 101-510,

div. A, title XII, Sec. 1206(a), Nov. 5, 1990, 104 Stat. 1659;

Pub. L. 103-226, Sec. 2(a)(5), Mar. 30, 1994, 108 Stat. 112; Pub.

L. 106-398, Sec. 1 ((div. A), title XI, Sec. 1121), Oct. 30, 2000,

114 Stat. 1654, 1654A-315; Pub. L. 107-296, title XIII, Sec.

1331(a), Nov. 25, 2002, 116 Stat. 2298.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 2313. July 7, 1958, Pub.

L. 85-507, Sec. 14,

72 Stat. 334.

(b) 5 U.S.C. 2318(d). July 7, 1958, Pub.

L. 85-507, Sec.

19(d), 72 Stat.

336.

(c) 5 U.S.C. 2312. July 7, 1958, Pub.

L. 85-507, Sec. 13,

72 Stat. 334.

-------------------------------

The prohibitions are restated in positive form.

In subsection (a)(2), the words ''Executive order'' are

substituted for ''Executive orders of the President''.

In subsection (c), the words ''under authority of this chapter''

and ''by the Government'' are omitted as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

2002 - Pub. L. 107-296 amended section catchline and text

generally, substituting provisions authorizing selection and

assignment of employees for academic degree training and payment or

reimbursement of costs, for provisions relating to restrictions on

degree training or the payment or reimbursement of the costs of

training and provisions setting forth exceptions and special rules

with respect to employees of the Department of Defense.

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 ((div. A), title XI,

Sec. 1121(1)), substituted ''subsections (b) and (c)'' for

''subsection (b)'' in introductory provisions.

Subsec. (b)(1). Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec.

1121(2)), substituted ''subsection (a) or (c)'' for ''subsection

(a)''.

Subsec. (c). Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec.

1121(3)), added subsec. (c).

1994 - Pub. L. 103-226, Sec. 2(a)(5)(A), substituted

''Restriction on degree training'' for ''Non-Government facilities;

restrictions'' in section catchline.

Subsec. (a). Pub. L. 103-226, Sec. 2(a)(5)(B), (C), redesignated

subsec. (c) as (a), in introductory provisions substituted

''subsection (b)'' for ''subsection (d)'' and struck out ''by, in,

or through a non-Government facility'' after ''employee for

training'', and struck out former subsec. (a) which read as

follows: ''Appropriations or other funds available to an agency are

not available for payment for training an employee -

''(1) by, in or through a non-Government facility which teaches

or advocates the overthrow of the Government of the United States

by force or violence; or

''(2) by or through an individual concerning whom determination

has been made by a proper Government administrative or

investigatory authority that, on the basis of information or

evidence developed in investigations and procedures authorized by

law or Executive order, there exists a reasonable doubt of his

loyalty to the United States.''

Subsec. (b). Pub. L. 103-226, Sec. 2(a)(5)(B), (D), redesignated

subsec. (d) as (b), substituted ''subsection (a)'' for ''subsection

(c)'' in par. (1), and struck out former subsec. (b) which read as

follows: ''This chapter does not authorize training an employee by,

in, or through a non-Government facility a substantial part of the

activities of which is -

''(1) carrying on propaganda, or otherwise attempting, to

influence legislation; or

''(2) participating or intervening, including publishing or

distributing statements, in a political campaign on behalf of a

candidate for public office.''

Subsecs. (c), (d). Pub. L. 103-226, Sec. 2(a)(5)(B), redesignated

subsecs. (c) and (d) as (a) and (b), respectively.

1990 - Subsec. (c). Pub. L. 101-510, Sec. 1206(a)(1), substituted

''Except as provided in subsection (d) of this section, this'' for

''This'' in introductory provisions.

Subsec. (d). Pub. L. 101-510, Sec. 1206(a)(2), added subsec. (d).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3381 of this title; title

10 section 1745; title 41 section 433.

-CITE-

5 USC Sec. 4108 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4108. Employee agreements; service after training

-STATUTE-

(a) An employee selected for training for more than a minimum

period prescribed by the head of the agency shall agree in writing

with the Government before assignment to training that he will -

(1) continue in the service of his agency after the end of the

training period for a period at least equal to three times the

length of the training period unless he is involuntarily

separated from the service of his agency; and

(2) pay to the Government the amount of the additional expenses

incurred by the Government in connection with his training if he

is voluntarily separated from the service of his agency before

the end of the period for which he has agreed to continue in the

service of his agency.

(b) The payment agreed to under subsection (a)(2) of this section

may not be required of an employee who leaves the service of his

agency to enter into the service of another agency in any branch of

the Government unless the head of the agency that authorized the

training notifies the employee before the effective date of his

entrance into the service of the other agency that payment will be

required under this section.

(c) If an employee, except an employee relieved of liability

under subsection (b) of this section or section 4102(b) of this

title, fails to fulfill his agreement to pay to the Government the

additional expenses incurred by the Government in connection with

his training, a sum equal to the amount of the additional expenses

of training is recoverable by the Government from the employee or

his estate by -

(1) setoff against accrued pay, compensation, amount of

retirement credit, or other amount due the employee from the

Government; and

(2) such other method as is provided by law for the recovery of

amounts owing to the Government.

The head of the agency concerned, under the regulations prescribed

under section 4118 of this title, may waive in whole or in part a

right of recovery under this subsection, if it is shown that the

recovery would be against equity and good conscience or against the

public interest.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 435; Pub. L. 98-224, Sec.

5(a), Mar. 2, 1984, 98 Stat. 48; Pub. L. 103-226, Sec. 2(a)(6),

Mar. 30, 1994, 108 Stat. 112; Pub. L. 107-347, title II, Sec.

209(g)(1)(B), Dec. 17, 2002, 116 Stat. 2932.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2310. July 7, 1958, Pub.

L. 85-507, Sec. 11,

72 Stat. 332.

-------------------------------

In subsection (a), the last sentence of former section 2310(a) is

omitted as included in the first sentence of the revised

subsection.

In subsection (b), the words, ''another agency in any branch of

the Government'' are coextensive with and substituted for ''another

department or of any other agency in any branch of the

Government''. This is so because ''agency in any branch of the

Government'' is broader than ''agency'' as defined for the purpose

of this chapter in section 4101(1).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-347 struck out subsec. (d) which

read as follows: ''For purposes of this section, 'training'

includes a private sector assignment of an employee participating

in the Executive Exchange Program of the President's Commission on

Executive Exchange.''

1994 - Subsec. (a). Pub. L. 103-226 substituted ''for more than a

minimum period prescribed by the head of the agency'' for ''by, in,

or through a non-Government facility under this chapter''.

1984 - Subsec. (d). Pub. L. 98-224 added subsec. (d).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,

2002, see section 402(a) of Pub. L. 107-347, set out as an

Effective Date note under section 3601 of Title 44, Public Printing

and Documents.

DEPARTMENT OF HOMELAND SECURITY

Exception from provisions 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, Sec.

86, Feb. 28, 2003, 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 provisions of this

section, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set

out as a note under section 4102 of this title.

-CITE-

5 USC Sec. 4109 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4109. Expenses of training

-STATUTE-

(a) 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 -

(1) 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

(2) 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 -

(A) 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 404 and 405 of title 37, and the Joint

Travel Regulations for the Uniformed Services;

(B) 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 406 and 409 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;

(C) tuition and matriculation fees;

(D) library and laboratory services;

(E) purchase or rental of books, materials, and supplies; and

(F) other services or facilities directly related to the

training of the employee.

(b) 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.

(c) 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.

(d) 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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 436; Pub. L. 90-83, Sec.

1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 96-54, Sec. 2(a)(19),

Aug. 14, 1979, 93 Stat. 382; Pub. L. 97-258, Sec. 3(a)(9), Sept.

13, 1982, 96 Stat. 1063; Pub. L. 97-276, Sec. 151(a), Oct. 2, 1982,

96 Stat. 1200; Pub. L. 98-224, Sec. 5(b)(2), Mar. 2, 1984, 98 Stat.

48; Pub. L. 98-525, title XV, Sec. 1537(a), Oct. 19, 1984, 98 Stat.

2635; Pub. L. 102-378, Sec. 2(17), Oct. 2, 1992, 106 Stat. 1347;

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 628(c)), Oct.

21, 1998, 112 Stat. 2681-480, 2681-521.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2309. July 7, 1958, Pub.

L. 85-507, Sec. 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 Mar. 27, 1962. 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.

AMENDMENTS

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.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 628(e)),

Oct. 21, 1998, 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 October 1, 1998.''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-378 effective Oct. 1, 1991, 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

Section 1537(f) of Pub. L. 98-525 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 October

1, 1984.''

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-276 effective on first day of first

applicable pay period beginning after Oct. 2, 1982, 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 July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

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, Sec. 86, Feb. 28, 2003, 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, Feb. 18, 1959, 24 F.R. 1301, set out as a note

under section 4102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4118, 5946 of this title.

-CITE-

5 USC Sec. 4110 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4110. Expenses of attendance at meetings

-STATUTE-

Appropriations available to an agency for travel expenses are

available for expenses of attendance at meetings which are

concerned with the functions or activities for which the

appropriation is made or which will contribute to improved conduct,

supervision, or management of the functions or activities.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 436.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2318(b). July 7, 1958, Pub.

L. 85-507, Sec.

19(b), 72 Stat.

336.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4102, 5946 of this title;

title 33 section 540a.

-CITE-

5 USC Sec. 4111 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4111. Acceptance of contributions, awards, and other payments

-STATUTE-

(a) To the extent authorized by regulation of the President,

contributions and awards incident to training in non-Government

facilities, and payment of travel, subsistence, and other expenses

incident to attendance at meetings, may be made to and accepted by

an employee, without regard to section 209 of title 18, if the

contributions, awards, and payments are made by an organization

determined by the Secretary of the Treasury to be an organization

described by section 501(c)(3) of title 26 which is exempt from

taxation under section 501(a) of title 26.

(b) When a contribution, award, or payment, in cash or in kind,

is made to an employee for travel, subsistence, or other expenses

under subsection (a) of this section, an appropriate reduction,

under regulations of the President, shall be made from payment by

the Government to the employee for travel, subsistence, or other

expenses incident to training in a non-Government facility or to

attendance at a meeting.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437; Pub. L. 96-54, Sec.

2(a)(2), Aug. 14, 1979, 93 Stat. 381.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 2318(a). July 7, 1958, Pub.

L. 85-507, Sec.

19(a), 72 Stat.

336.

(b) 5 U.S.C. 2318(c). July 7, 1958, Pub.

L. 85-507, Sec.

19(c), 72 Stat.

336.

-------------------------------

In subsection (a), the words ''section 209 of title 18'' are

substituted for ''section 1914 of title 18'' on authority of the

Act of Oct. 23, 1962, Pub. L. 87-849, Sec. 2, 76 Stat. 1126.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1979 - Subsec. (b). Pub. L. 96-54 substituted ''President'' for

''Director of the Bureau of the Budget''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President by section 101 of 1970 Reorg. Plan No. 2, eff. July 1,

1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to this

title. Section 102 of 1970 Reorg. Plan No. 2, redesignated Bureau

of the Budget as Office of Management and Budget.

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a) of this section

delegated to Office of Personnel Management, see section 401(b) of

Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note

under section 4103 of this title.

Functions of President under subsec. (b) of this section

delegated to Director of Office of Management and Budget, see Ex.

Ord. No. 12152, Aug. 14, 1979, 44 F.R. 48143, set out as a note

under section 301 of Title 3, The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3381, 4102 of this title;

title 31 section 1353; title 38 section 7423.

-CITE-

5 USC Sec. 4112 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4112. Absorption of costs within funds available

-STATUTE-

(a) The President, to the extent he considers practicable, shall

provide by regulation for the absorption of the costs of the

training programs and plans under this chapter by the respective

agencies from applicable appropriations or funds available for each

fiscal year.

(b) Subsection (a) of this section may not be held or considered

to require -

(1) the separation of an individual from the service by

reduction in force or other personnel action; or

(2) the placement of an individual in a leave-without-pay

status.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437; Pub. L. 96-54, Sec.

2(a)(2), Aug. 14, 1979, 93 Stat. 381.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2319. July 7, 1958, Pub.

L. 85-507, Sec. 23,

72 Stat. 338.

-------------------------------

In subsection (a), the words ''for each fiscal year'' are

substituted for ''for the fiscal year in which this chapter is

enacted and for each succeeding fiscal year''.

In subsection (b), the prohibition is restated in positive form.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-54 substituted ''President'' for

''Director of the Bureau of the Budget''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a) of this section

delegated to Director of Office of Management and Budget, see Ex.

Ord. No. 12152, Aug. 14, 1979, 44 F.R. 48143, set out as a note

under section 301 of Title 3, The President.

-CITE-

5 USC Sec. 4113 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

(Sec. 4113. Repealed. Pub. L. 104-66, title II, Sec. 2181(c)(1),

Dec. 21, 1995, 109 Stat. 732)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437; Pub. L.

95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat.

1224; Pub. L. 103-226, Sec. 2(a)(7), Mar. 30, 1994, 108 Stat. 112,

related to agency review of training needs and annual program

reports.

-CITE-

5 USC Sec. 4114 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

(Sec. 4114. Repealed. Pub. L. 103-226, Sec. 2(a)(8), Mar. 30, 1994,

108 Stat. 112)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; Pub. L.

95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat.

1224, related to review of employee training programs at

non-Government facilities.

-CITE-

5 USC Sec. 4115 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4115. Collection of training information

-STATUTE-

The Office of Personnel Management, to the extent it considers

appropriate in the public interest, may collect information

concerning training programs, plans, and the methods inside and

outside the Government. The Office, on request, may make the

information available to an agency and to Congress.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95-454, title

IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2315. July 7, 1958, Pub.

L. 85-507, Sec. 16,

72 Stat. 335.

-------------------------------

In the first sentence, the words ''from time to time'' are

omitted as unnecessary. In the second sentence, the word

''appropriate'' is omitted as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' and ''Office'' for ''Civil Service Commission'' and

''Commission'', respectively.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

DEPARTMENT OF HOMELAND SECURITY

Exception from provisions 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, Sec.

86, Feb. 28, 2003, 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 provisions of this

section, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set

out as a note under section 4102 of this title.

-CITE-

5 USC Sec. 4116 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4116. Training program assistance

-STATUTE-

The Office of Personnel Management, on request of an agency,

shall advise and assist in the establishment, operation, and

maintenance of the training programs and plans of the agency under

this chapter, to the extent of its facilities and personnel

available for that purpose.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95-454, title

IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2316. July 7, 1958, Pub.

L. 85-507, Sec. 17,

72 Stat. 335.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' for ''Civil Service Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

-CITE-

5 USC Sec. 4117 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4117. Administration

-STATUTE-

The Office of Personnel Management has the responsibility and

authority for effective promotion and coordination of the training

programs under this chapter and training operations thereunder.

The functions, duties, and responsibilities of the Office under

this chapter are subject to supervision and control by the

President and review by Congress.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95-454, title

IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2301(4). July 7, 1958, Pub.

L. 85-507, Sec.

2(4), 72 Stat. 328.

5 U.S.C. 2318(e). July 7, 1958, Pub.

L. 85-507, Sec.

19(e), 72 Stat.

336.

-------------------------------

Former sections 2301(4) and 2318(e) are combined and restated for

clarity.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' and ''Office'' for ''Civil Service Commission'' and

''Commission'', respectively.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

DEPARTMENT OF HOMELAND SECURITY

Exception from provisions 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, Sec.

86, Feb. 28, 2003, 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 provisions

of this section, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R.

1301, set out as a note under section 4102 of this title.

-CITE-

5 USC Sec. 4118 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4118. Regulations

-STATUTE-

(a) The Office of Personnel Management, after considering the

needs and requirements of each agency for training its employees

and after consulting with the agencies principally concerned, shall

prescribe regulations containing the principles, standards, and

related requirements for the programs, and plans thereunder, for

the training of employees under this chapter, including

requirements for coordination of and reasonable uniformity in the

agency training programs and plans. The regulations shall provide

for the maintenance of necessary information concerning the general

conduct of the training activities of each agency, and such other

information as is necessary to enable the President and Congress to

discharge effectively their respective duties and responsibilities

for supervision, control, and review of these training programs.

The regulations also shall cover -

(1) requirements concerning the determination and continuing

review by each agency of its training needs and requirements;

(2) the scope and conduct of the agency training programs and

plans;

(3) the selection and assignment of employees of each agency

for training;

(4) the use in each agency of the services of employees who

have undergone training;

(5) the evaluation of the results and effects of the training

programs and plans;

(6) the interchange of training information among the agencies;

(7) the submission of reports by the agencies on results and

effects of training programs and plans and economies resulting

therefrom, including estimates of costs of training;

(8) requirements and limitations necessary with respect to

payments and reimbursements in accordance with section 4109 of

this title; and

(9) other matters considered appropriate or necessary by the

Office to carry out the provisions of this chapter.

(b) The Office, in accordance with this chapter, may revise,

supplement, or abolish regulations prescribed under this section,

and prescribe additional regulations.

(c) This section does not authorize the Office to prescribe the

types and methods of intra-agency training or to regulate the

details of intra-agency training programs.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95-454, title

IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L.

103-226, Sec. 2(a)(9), Mar. 30, 1994, 108 Stat. 112.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2305. July 7, 1958, Pub.

L. 85-507, Sec. 6,

72 Stat. 329.

-------------------------------

In subsection (a), the word ''appropriate'' is omitted as

unnecessary. The words ''with respect to training by, in, and

through Government facilities and non-Government facilities'' are

omitted as unnecessary.

In subsection (b)(2) and (3), the words ''by, in, or through a

non-Government facility'' are omitted as unnecessary in view of the

previous reference in the subsection.

In subsection (c), the words ''From time to time'' are omitted as

unnecessary.

In subsection (d), the prohibition is restated in positive form.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1994 - Subsec. (a)(7). Pub. L. 103-226, Sec. 2(a)(9)(A), struck

out before semicolon at end ''by, in, and through non-Government

facilities''.

Subsecs. (b) to (d). Pub. L. 103-226, Sec. 2(a)(9)(B), (C),

redesignated subsecs. (c) and (d) as (b) and (c), respectively, and

struck out former subsec. (b) which read as follows: ''In addition

to the matters set forth by subsection (a) of this section, the

regulations, concerning training of employees by, in, or through

non-Government facilities, shall -

''(1) prescribe general policies governing the selection of a

non-Government facility to provide training;

''(2) authorize training of employees only after the head of

the agency concerned determines that adequate training for

employees by, in, or through a Government facility is not

reasonably available, and that consideration has been given to

the existing or reasonably foreseeable availability and use of

fully trained employees; and

''(3) prohibit training an employee for the purpose of filling

a position by promotion if there is in the agency concerned

another employee, of equal ability and suitability, fully

qualified to fill the position and available at, or within a

reasonable distance from, the place where the duties of the

position are to be performed.''

1978 - Subsecs. (a), (c), (d). Pub. L. 95-454 substituted

''Office of Personnel Management'' and ''Office'' for ''Civil

Service Commission'' and ''Commission'', respectively, wherever

appearing.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

DEPARTMENT OF HOMELAND SECURITY

Exception from provisions 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, Sec.

86, Feb. 28, 2003, 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 provisions of this

section, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set

out as a note under section 4102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4103, 4108, 4109 of this

title.

-CITE-

5 USC Sec. 4119 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 41 - TRAINING

-HEAD-

Sec. 4119. Training for employees under the Office of the Architect

of the Capitol and the Botanic Garden

-STATUTE-

(a) The Architect of the Capitol may, by regulation, make

applicable such provisions of this chapter as the Architect

determines necessary to provide for training of (1) individuals

employed under the Office of the Architect of the Capitol and the

Botanic Garden and (2) other congressional employees who are

subject to the administrative control of the Architect. The

regulations shall provide for training which, in the determination

of the Architect, is consistent with the training provided by

agencies under the preceding sections of this chapter.

(b) The Office of Personnel Management shall provide the

Architect of the Capitol with such advice and assistance as the

Architect may request in order to enable the Architect to carry out

the purposes of this section.

-SOURCE-

(Added Pub. L. 97-346, Sec. 1(a), Oct. 15, 1982, 96 Stat. 1647.)

-CITE-