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5 U.S.C. § 4103 — Establishment of training programs

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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 [section 4118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4118&num=0&edition=prelim); (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 abilit

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Source file: Laws/federal/codes/united-states-code/title-5/section-4103-establishment-of-training-programs--fc603c2204.md
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Source location: Title 5, Chapter 41, § 4103; chapter-041-training.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4118&num=0&edition=prelim); (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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2105 — Employee

**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is— (1) appointed in the civil service by one of the following acting in an official capacity— (A) the President; (B) a Member or Members of Congress, or the Congress; (C) a member of a uniformed service; (D) an individual who is an employee under this section; (E) the head of a Government controlled corporation; or (F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim); (2) engaged in the performance of a Federal function under authority of law or an Executive act; and (3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position. **(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee. **(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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 [section 204 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim). (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.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1342 — Limitation on voluntary services

An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term “emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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 [section 4109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4109&num=0&edition=prel

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 601 — Definitions

For purposes of this chapter— (1) the term “agency” means an agency as defined in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (2) the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to [section 553(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term “rule” does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances; (3) the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register; (4) the term “small organization” means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1001 — Definitions

In this chapter: (1) **Administrator.—** — The term “Administrator” means the Administrator of General Services. (2) **Advisory committee.—** (A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is— (i) established by statute or reorganization plan; (ii) established or utilized by the President; or (iii) established or utilized by one or more agencies. (B) *Exclusions.—* — The term “advisory committee” excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and (ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration. (3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). (4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 4101 — Definitions

For the purpose of this chapter— (1) “agency”, subject to [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4102&num=0&edition=prelim), 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 Publishing Office; and (F) the government of the District of Columbia; (2) “employee”, subject to [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4102&num=0&edition=prelim), 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

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2306 — Coordination with certain other provisions of law

No provision of this chapter, or action taken under this chapter, shall be construed to impair the authorities and responsibilities set forth in section 102 of the National Security Act of 1947 (61 Stat. 495; [50 U.S.C. 403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section403&num=0&edition=prelim)),11 See References in Text note below. the Central Intelligence Agency Act of 1949 (63 Stat. 208; [50 U.S.C. 403a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section403a&num=0&edition=prelim) and following),1 the Act entitled “An Act to provide certain administrative authorities for the National Security Agency, and for other purposes”, approved May 29, 1959 (73 Stat. 63; [50 U.S.C. 402](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section402&num=0&edition=prelim) note),1 and the Act entitled “An Act to amend the Internal Security Act of 1950”, approved March 26, 1964 (78 Stat. 168; [50 U.S.C. 831–835](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section831–835&num=0&edition=prelim)).

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