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 for the ad- ministration of this chapter. (Added Pub. L. 107–347, title II, § 209(c)(1), Dec. 17, 2002, 116 Stat. 2930.) Statutory Notes and Related Subsidiaries 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. Subpart C—Employee Performance CHAPTER 41—TRAINING 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 Repealed.] 4107.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. Sec. 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 Bo- tanic Garden. 4120. Training for employees of the Capitol Police. 4121. Specific training programs. Editorial Notes AMENDMENTS 2004—Pub. L. 108–411, title II, § 201(b)(2), Oct. 30, 2004, 118 Stat. 2312, added item 4121. 2003—Pub. L. 108–7, div. H, title I, § 1010(b), Feb. 20, 2003, 117 Stat. 360, added item 4120. 2002—Pub. L. 107–296, title XIII, § 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, § 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, § 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; re- strictions’’ in item 4107, and struck out item 4114 ‘‘Non- Government facilities; review of training programs’’. 1982—Pub. L. 97–346, § 1(b), Oct. 15, 1982, 96 Stat. 1647, added item 4119. § 4101. Definitions 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 Publishing Office; and (F) the government of the District of Co- lumbia; (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 Environ- mental 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 pro- viding for and making available to an em- ployee, and placing or enrolling the employee in, a planned, prepared, and coordinated pro- gram, course, curriculum, subject, system, or routine of instruction or education, in sci- entific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields which will improve individual and orga- nizational performance and assist in achieving the agency’s mission and performance goals; (5) ‘‘Government facility’’ means property owned or substantially controlled by the Gov- ernment and the services of any civilian and military personnel of the Government; and (6) ‘‘non-Government facility’’ means— Page 467 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4102 (A) the government of a State or of a terri- tory or possession of the United States in- cluding the Commonwealth of Puerto Rico, and an interstate governmental organiza- tion, or a unit, subdivision, or instrumen- tality of any of the foregoing; (B) a foreign government or international organization, or instrumentality of either, which is designated by the President as eli- gible to provide training under this chapter; (C) a medical, scientific, technical, edu- cational, research, or professional institu- tion, foundation, or organization; (D) a business, commercial, or industrial firm, corporation, partnership, proprietor- ship, or other organization; (E) individuals other than civilian or mili- tary personnel of the Government; and (F) the services and property of any of the foregoing furnishing the training. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 432; Pub. L. 90–206, title II, § 224(a), Dec. 16, 1967, 81 Stat. 642; Pub. L. 97–258, § 3(a)(8), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 103–226, § 2(a)(1), Mar. 30, 1994, 108 Stat. 111; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) 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, § 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 estab- lishment’’ 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1994—Par. (4). Pub. L. 103–226 substituted ‘‘fields which will improve individual and organizational per- formance 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 qualifica- tions of the employee in the performance of official du- ties;’’. 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 ‘‘Environ- mental Science Services Administration’’ for ‘‘Coast and Geodetic Survey’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in par. (1)(E) on author- ity of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. 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 Ef- fective Date note under section 3110 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of Environmental Science Services Ad- ministration to National Oceanic and Atmospheric Ad- ministration, 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. § 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 di- rectors; (B) the Tennessee Valley Authority; or (C) an individual (except a commissioned of- ficer of the National Oceanic and Atmospheric Administration) who is a member of a uni- formed 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 chap- ter. (b) The President, at any time in the public in- terest, may— (1) except an agency or part thereof, or an employee or group or class of employees there- in, 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 Of- fice of Personnel Management from a provision of this chapter which vests in or imposes on the Office a function, duty, or responsibility con- cerning any matter except the establishment, operation, and maintenance, in the same capac- ity as other agencies, of training programs and plans for its employees. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 433; Pub. L. 90–83, § 1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 94–183, § 2(11), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(15), (19), Aug. 14, 1979, 93 Stat. 382.)