CHAPTER 41 —TRAINING
Editorial Notes
Amendments
2004—
2003—
2002—
1995—
1994—
1982—
§4101. Definitions
For the purpose of this chapter—
(1) "agency", subject to
(A) an Executive department;
(B) an independent establishment;
(C) a Government corporation subject to
(D) the Library of Congress;
(E) the Government Publishing Office; and
(F) the government of the District of Columbia;
(2) "employee", subject to
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
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.
Editorial Notes
Amendments
1994—Par. (4).
1982—Par. (1)(C).
1967—Par. (2)(B).
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in par. (1)(E) on authority of section 1301(b) of
Effective Date of 1967 Amendment
Amendment by
Executive Documents
Transfer of Functions
For transfer of Environmental Science Services Administration to National Oceanic and Atmospheric Administration, see Transfer of Functions note set out under
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
§4102. Exceptions; Presidential authority
(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
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, May 26, 1959, Aug. 2, 1962, |
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
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.
Editorial Notes
Amendments
1979—Subsec. (a)(1)(C).
Subsec. (b).
1978—Subsec. (b).
1975—Subsec. (a)(2)(B).
1967—Subsec. (a)(1)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendments by
Effective Date of 1978 Amendment
Amendment by
Executive Documents
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
Ex. Ord. No. 10805. Central Intelligence Agency
Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, provided:
(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 [
(c) That part of section 7 [
(d) That part of section 10 [
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
§4103. Establishment of training programs
(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
(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.
(c) The head of each agency shall, on a regular basis—
(1) evaluate each program or plan established, operated, or maintained under subsection (a) with respect to accomplishing specific performance plans and strategic goals in performing the agency mission; and
(2) modify such program or plan as needed to accomplish such plans and goals.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
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.
Editorial Notes
Amendments
2004—Subsec. (c).
1994—Subsec. (a).
Subsec. (a)(3), (4).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Ensuring Anti-Trafficking-In-Persons Trainings and Provisions Into Codes of Conduct of All Federal Departments and Executive Agencies
"(a)
"(1) Human trafficking is inimical to every Federal agency's core values and inherently harmful and dehumanizing.
"(2) Through the adoption of a Code of Conduct, Federal agencies hold their personnel to similar standards that are required of contractors and subcontractors of the agency under Federal law.
"(3) Human trafficking is a violation of human rights and against Federal law.
"(4) The United States Government seeks to deter activities that would facilitate or support trafficking in persons.
"(b)
"(1) beginning not later than 18 months after the date of the enactment of this Act [Jan. 5, 2023], the head of every Federal agency should incorporate a module on human trafficking into its staff training requirements and menu of topics to be covered in the annual ethics training of such agency;
"(2) such staff trainings should teach employees how to prevent, identify, and report trafficking in persons;
"(3) Federal agencies that already provide counter trafficking-in-persons training for staff should share their curricula with agencies that do not have such curricula;
"(4) the head of each agency should inform all candidates for employment about the anti-trafficking provisions in the Code of Conduct of the agency;
"(5) employees of each Federal agency should sign acknowledgment of the agency's Code of Conduct, which should be kept in the file of the employee; and
"(6) a violation of the Code of Conduct should lead to disciplinary action, up to and including termination of employment.
"(c)
"(1) a prohibition from engaging in human trafficking while employed by the Government in a full-time or part-time capacity;
"(2) a requirement that all Federal personnel, without regard to whether the person is stationed abroad, be sensitized to human trafficking and the ethical conduct requirements that prohibit the procurement of trafficking in persons;
"(3) a requirement that all such personnel be equipped with the necessary knowledge and tools to prevent, recognize, report, and address human trafficking offenses through a training for new personnel and through regular refresher courses offered every 2 years; and
"(4) a requirement that all such personnel report to the applicable inspector general and agency trafficking in persons point of contact any suspected cases of misconduct, waste, fraud, or abuse relating to trafficking in persons.
"(d)
"(1) shall be established or integrated into all applicable employee codes of conduct not later than 18 months after the date of the enactment of this Act [Jan. 5, 2023];
"(2) may not replace any preexisting code of conduct that contains more robust requirements than the requirements described in subsection (c); and
"(3) shall be signed by all personnel described in subsection (c) not later than 2 years after such date of enactment.
"(e)
"(1) the number of suspected violations reported;
"(2) the number of investigations;
"(3) the status and outcomes of such investigations; and
"(4) any recommended actions to improve the programs and operations of such agency."
Optional Participation of Federal Employees in AIDS Training Programs
"(a)
"(b)
Experimental Program Relating to Acceptance of Voluntary Services From Participants in Executive Exchange Program
Executive Documents
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, §86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under
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
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
Part I—General
(b) "Interagency training" means training provided by one agency for other agencies or shared by two or more agencies.
Part II—Office of Personnel Management Responsibilities
(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
(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
(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
(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.
(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
(a) The authority under
(b) The authority under
Part V—Revocation of Prior Order
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, §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 (
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:
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, §3(a), June 20, 2001, 66 F.R. 33628; Ex. Ord. No. 13316, §3(a), Sept. 17, 2003, 68 F.R. 55255, 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 ([former] 5 U.S.C. App.) [see
(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.
(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.
(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.
(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.
[
(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.
Executive Order No. 13950
Ex. Ord. No. 13950, Sept. 22, 2020, 85 F.R. 60683, which prohibited certain workplace training relating to race and gender in the Federal workforce, Uniformed Services, and Federal contractors, was revoked by Ex. Ord. No. 13985, §10(a), Jan. 20, 2021, 86 F.R. 7012, set out in a note under
§4104. Government facilities; use of
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
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.
§4105. Non-Government facilities; use of
The head of an agency, without regard to section 6101(b) to (d) 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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
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.
Editorial Notes
Amendments
2011—
1994—
"(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
[§4106. Repealed. Pub. L. 103–226, §2(a)(4), Mar. 30, 1994, 108 Stat. 112 ]
Section,
§4107. Academic degree training
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | July 7, 1958, |
|
| (b) | July 7, 1958, |
|
| (c) | July 7, 1958, |
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.
Editorial Notes
Amendments
2002—
2000—Subsec. (a).
Subsec. (b)(1).
Subsec. (c).
1994—
Subsec. (a).
"(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).
"(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).
1990—Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
§4108. Employee agreements; service after training
(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
(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
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
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.
Editorial Notes
Amendments
2002—Subsec. (d).
1994—Subsec. (a).
1984—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
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, §86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under
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
§4109. Expenses of training
(a) The head of an agency, under the regulations prescribed under
(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
(B) transportation of immediate family, household goods and personal effects, packing, crating, temporarily storing, draying, and unpacking under
(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
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
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
In subsection (a)(2)(A) and (B), the words "
In subsection (a)(2)(B), the words "under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
2022—Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
2013—Subsec. (a)(2)(A), (B).
2011—Subsec. (a)(2)(A), (B).
1998—Subsec. (d).
1992—Subsec. (d).
1984—Subsec. (c).
Subsec. (d).
1982—Subsec. (a)(2).
Subsec. (c).
1979—Subsec. (a)(2).
1967—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Effective Date of 1998 Amendment
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1984 Amendment
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Executive Documents
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, §86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under
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
§4110. Expenses of attendance at meetings
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§4111. Acceptance of contributions, awards, and other payments
(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
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | July 7, 1958, |
|
| (b) | July 7, 1958, |
In subsection (a), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1979—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Executive Documents
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,
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
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
§4112. Absorption of costs within funds available
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
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.
Editorial Notes
Amendments
1979—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Amendment by
Executive Documents
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
[§4113. Repealed. Pub. L. 104–66, title II, §2181(c)(1), Dec. 21, 1995, 109 Stat. 732 ]
Section,
[§4114. Repealed. Pub. L. 103–226, §2(a)(8), Mar. 30, 1994, 108 Stat. 112 ]
Section,
§4115. Collection of training information
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
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.
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Executive 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, §86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under
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
§4116. Training program assistance
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§4117. Administration
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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
||
| July 7, 1958, |
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.
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Executive 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, §86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under
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
§4118. Regulations
(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
(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.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 7, 1958, |
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.
Editorial Notes
Amendments
1994—Subsec. (a)(7).
Subsecs. (b) to (d).
"(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).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
Executive 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, §86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under
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
§4119. Training for employees under the Office of the Architect of the Capitol and the Botanic Garden
(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.
(Added
§4120. Training for employees of the Capitol Police
(a) The Chief of the Capitol Police may, by regulation, make applicable such provisions of this chapter as the Chief determines necessary to provide for training of employees of the Capitol Police. The regulations shall provide for training which, in the determination of the Chief, is consistent with the training provided by agencies under the preceding sections of this chapter.
(b) The Office of Personnel Management shall provide the Chief of the Capitol Police with such advice and assistance as the Chief may request in order to enable the Chief to carry out the purposes of this section.
(Added
§4121. Specific training programs
In consultation with the Office of Personnel Management, the head of each agency shall establish—
(1) a comprehensive management succession program to provide training to employees to develop managers for the agency; and
(2) a program to provide training to managers on actions, options, and strategies a manager may use in—
(A) relating to employees with unacceptable performance;
(B) mentoring employees and improving employee performance and productivity; and
(C) conducting employee performance appraisals.
(Added