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5 U.S.C. § 4101 — Definitions

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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Source file: Laws/federal/codes/united-states-code/title-5/section-4101-definitions--190a685871.md
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Source location: Title 5, Chapter 41, § 4101; chapter-041-training.md

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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

5 U.S.C. § 2302 — Prohibited personnel practices

**(a)** (1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b). (2) For the purpose of this section— (A) “personnel action” means— (i) an appointment; (ii) a promotion; (iii) an action under chapter 75 of this title or other disciplinary or corrective action; (iv) a detail, transfer, or reassignment; (v) a reinstatement; (vi) a restoration; (vii) a reemployment; (viii) a performance evaluation under chapter 43 of this title or under title 38; (ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph; (x) a decision to order psychiatric testing or examination; (xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and (xii) any other significant change in duties, responsibilities, or working conditions; with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in [section 9101 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9101&num=0&edition=prelim); (B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action— (i) excepted from the competitive service because of

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

5 U.S.C. § 5541 — Definitions

For the purpose of this subchapter— (1) “agency” means— (A) an Executive agency; (B) a military department; (C) an agency in the judicial branch; (D) the Library of Congress; (E) the Botanic Garden; (F) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; (2) “employee” means— (A) an employee in or under an Executive agency; (B) an individual employed by the government of the District of Columbia; and (C) an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to chapter 51 and subchapter III of chapter 53 of this title; but does not include— (i) a justice or judge of the United States; (ii) the head of an agency other than the government of the District of Columbia; (iii) a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under chapter 15 of title 31, District of Columbia Code; (iv) a member of— (I) the Metropolitan Police or the Fire Department of the District of Columbia; or (II) a member of the United States Park Police, other than for purposes of section 11 So in original. Probably should be “sections”. 5545(a) and 5546; (v) a student-employee as defined by [section 5351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5351&num=0&edition=prelim); (vi) Repealed. Pub. L. 91–375, § 6(c)(16), Aug. 12, 1970, 84 Stat. 776;] (vii) an employee outside the continental United States or in Alaska who is paid in accordance with local native prevailing wage rates for the area in which employed; (viii) an employee of the Tennessee Valley Authority; (ix)

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

5 U.S.C. § 3110 — Employment of relatives; restrictions

**(a)** For the purpose of this section— (1) “agency” means— (A) an Executive agency; (B) an office, agency, or other establishment in the legislative branch; (C) an office, agency, or other establishment in the judicial branch; and (D) the government of the District of Columbia; (2) “public official” means an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency; and (3) “relative” means, with respect to a public official, an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. **(b)** A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual. **(c)** An indi

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

44 U.S.C. § 301 — Director of the Government Publishing Office: appointment

**(a)** The President of the United States shall nominate and, by and with the advice and consent of the Senate, appoint a suitable person to take charge of and manage the Government Publishing Office. The title shall be Director of the Government Publishing Office. **(b)** The Director shall be appointed for a term of 10 years. **(c)** An individual appointed to the position of Director, by and with the advice and consent of the Senate, may be reappointed to that position in accordance with subsections (a) and (b).

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

5 U.S.C. § 4101 — Definitions

Page 466 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3707 (3) such other information as the Office con- siders appropriate. (c) PUBLICATION.—A copy of each report sub- mitted under subsection (a)— (1) shall be published in the Federal Reg- ister; and (2) shall be made publicly available on the Internet. (d) AGENCY COOPERATION.—On request of the Office, agencies shall furnish such information and reports as the Office may require in order to carry out this section. (Added Pub. L. 107–347, title II, § 209(c)(1), Dec. 17, 2002, 116 Stat. 2929.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Government Reform of House of Rep- resentatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Com- mittee on Oversight and Reform of House of Represent- atives by House Resolution No. 6, One Hundred Six- teenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hun- dred Eighteenth Congress, Jan. 9, 2023. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. EFFECTIVE DATE Section effective 120 days after Dec. 17, 2002, see sec- tion 402(a) of Pub. L. 107–347, set out as a note under section 3601 of Title 44, Public Printing and Documents. § 3707. Regulations The Director of the Office of Personnel Man- agement shall prescribe regulations f

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