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

Page 468 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4103 HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2303. July 7, 1958, Pub. L. 85–507, § 4, 72 Stat. 329. May 26, 1959, Pub. L. 86–33, 73 Stat. 62. Aug. 2, 1962, Pub. L. 87–566, 76 Stat. 264. In subsection (a)(1), the exception for the President and Vice President is omitted as surplusage as these elected officers are not employed in or under an agency and thus are not included in the definition of ‘‘em- ployee’’ in section 4101(2). In subsection (a)(1)(C), the words ‘‘as defined by sec- tion 231(a) of Title 37’’ are omitted as unnecessary in view of the definition of ‘‘uniformed services’’ in sec- tion 2101(b). The words ‘‘section 204 of title 37’’ are sub- stituted for ‘‘sections 232–234, 235, 236, 237, 238, and 239 of Title 37’’ on authority of section 12(b) of the Act of Sept. 7, 1962, Pub. L. 87–649, 76 Stat. 497. In subsection (a)(2)(B), the words ‘‘by the President’’ are coextensive with and substituted for ‘‘by the Presi- dent by and with the advice and consent of the Senate or by the President alone’’. In subsection (b)(1), reference to ‘‘section 21, and sec- tion 22’’ is omitted as unnecessary since the sections are not carried into this title, but are scheduled for re- peal, see Table II. 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 1979—Subsec. (a)(1)(C). Pub. L. 96–54, § 2(a)(19), sub- stituted ‘‘National Oceanic and Atmospheric’’ for ‘‘En- vironmental Science Services’’. Subsec. (b). Pub. L. 96–54, § 2(a)(15), substituted ‘‘Of- fice’’ for ‘‘Commission’’. 1978—Subsec. (b). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. 1975—Subsec. (a)(2)(B). Pub. L. 94–183 struck out ‘‘(ex- cept a Postmaster)’’ after ‘‘an individual appointed by the President’’. 1967—Subsec. (a)(1)(C). Pub. L. 90–83 substituted ‘‘En- vironmental Science Services Administration’’ for ‘‘Coast and Geodetic Survey.’’ See Historical and Revi- sion Notes under section 2101 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendments by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. 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 section 4103 of this title. EX. ORD. NO. 10805. CENTRAL INTELLIGENCE AGENCY Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, provided: SECTION 1. The Central Intelligence Agency is hereby designated as excepted from the following-described provisions of the Government Employees Training Act [this chapter and section 1308 of this title]: (a) Section 2(4), 6, 9(b)(1), 11, 12, 15, 16, and 18 [sections 4117, 4118, 4105(b)(1), 4108, 4106, 4114, 4115, and 1308(a)(4)(A)–(C), (b) and 4113(b) respectively of this title]. (b) The last sentence of section 5 [section 4113(a) of this title]. (c) That part of section 7 [section 4103(1) of this title] which reads ‘‘shall conform, on or after the effective date of the regulations prescribed by the Commission under section 6 of this Act [section 4118 of this title], to the principles, standards, and related requirements contained in such regulations then current,’’. (d) That part of section 10 [section 4109(a) of this title] which reads ‘‘in accordance with regulations issued by the Commission under authority of section 6(a)(8) [section 4118(a)(8) of this title].’’ SEC. 2. Section 2 of Executive Order No. 10800, of Jan- uary 15, 1959, is hereby amended by deleting the ref- erence to ‘‘section 5’’ and the reference to ‘‘section 5(b)’’ and by inserting in lieu thereof ‘‘section 4’’ and ‘‘section 4(b)’’, respectively. EXECUTIVE ORDER NO. 11531 Ex. Ord. No. 11531, May 26, 1970, 35 F.R. 8337, which re- lated to the delegation of Presidential authority to des- ignate United States Marshals and United States At- torneys 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 AU- THORITY TO DESIGNATE INDIVIDUALS APPOINTED BY THE PRESIDENT TO RECEIVE TRAINING Ex. Ord. No. 11895, Jan. 6, 1976, 41 F.R. 1465, as amend- ed by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, pro- vided: By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as Presi- dent of the United States, it is hereby ordered as fol- lows: SECTION 1. Except as provided in Section 2 of this Order, the Office of Personnel Management is hereby designated and empowered to exercise the authority vested in the President by Section 4102(a)(2)(B) of Title 5, United States Code, to designate individuals ap- pointed by the President for training under Chapter 41 of Title 5, United States Code. SEC. 2. The Attorney General is hereby designated and empowered to exercise the authority vested in the President by Section 4102(a)(2)(B) to designate individ- uals appointed by the President as United States Attor- neys and United States Marshals for training under Chapter 41 of Title 5, United States Code. SEC. 3. Executive Order No. 11531 of May 26, 1970, is hereby superseded. § 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 Gov- ernment facilities and non-Government facili- ties. Each program, and plan thereunder, shall— (1) conform to the principles, standards, and related requirements contained in the regula- tions prescribed under section 4118 of this title; (2) provide for adequate administrative con- trol by appropriate authority; (3) provide that information concerning the selection and assignment of employees for Page 469 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4103 training and the applicable training limita- tions and restrictions be made available to employees of the agency; and (4) provide for the encouragement of self- training by employees by means of appro- priate 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 place- ment in another agency if the head of the agen- cy 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 estab- lished, operated, or maintained under sub- section (a) with respect to accomplishing spe- cific 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. (Pub. L. 89–554, Sept. 6, 1966. 80 Stat. 433; Pub. L. 95–454, title III, § 304, Oct. 13, 1978, 92 Stat. 1146; Pub. L. 103–226, § 2(a)(2), Mar. 30, 1994, 108 Stat. 111; Pub. L. 108–411, title II, § 201(a), Oct. 30, 2004, 118 Stat. 2311.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2306. July 7, 1958, Pub. L. 85–507, § 7, 72 Stat. 331. The words ‘‘Within two hundred and seventy days after the date of enactment of this Act [July 7, 1958]’’ are omitted as obsolete. In paragraph (1), reference to the effective date of the regulations is omitted as obsolete. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2004—Subsec. (c). Pub. L. 108–411 added subsec. (c). 1994—Subsec. (a). Pub. L. 103–226, § 2(a)(2)(A)(i), in in- troductory provisions, substituted ‘‘In order to assist in achieving an agency’s mission and performance goals by improving employee and organizational perform- ance, the head of each agency, in conformity with this chapter, shall establish, operate, maintain, and evalu- ate’’ for ‘‘In order to increase economy and efficiency in the operations of the agency and to raise the stand- ards of performance by employees of their official du- ties to the maximum possible level of proficiency, the head of each agency, in conformity with this chapter, shall establish, operate, and maintain’’. Subsec. (a)(3), (4). Pub. L. 103–226, § 2(a)(2)(A)(ii)–(iv), added par. (3) and redesignated former par. (3) as (4). Subsec. (b)(1). Pub. L. 103–226, § 2(a)(2)(B)(i), sub- stituted ‘‘determines that such training would be in the interests of the Government.’’ for ‘‘determines that the employee will otherwise be separated under conditions which would entitle the employee to severance pay under section 5595 of this title.’’ Subsec. (b)(2). Pub. L. 103–226, § 2(a)(2)(B)(ii), (iii), re- designated par. (3) as (2), in subpar. (C) substituted ‘‘such training’’ for ‘‘retaining the employee in the Federal service’’, and struck out former par. (2) which read as follows: ‘‘Before undertaking any training under this subsection, the head of the agency shall ob- tain verification from the Office of Personnel Manage- ment that there exists a reasonable expectation of placement in another agency.’’ Subsec. (b)(3). Pub. L. 103–226, § 2(a)(2)(B)(ii), redesig- nated par. (3) as (2). 1978—Pub. L. 95–454 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. ENSURING ANTI-TRAFFICKING-IN-PERSONS TRAININGS AND PROVISIONS INTO CODES OF CONDUCT OF ALL FEDERAL DEPARTMENTS AND EXECUTIVE AGENCIES Pub. L. 117–348, title I, § 122, Jan. 5, 2023, 136 Stat. 6217, provided that: ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) Human trafficking is inimical to every Federal agency’s core values and inherently harmful and de- humanizing. ‘‘(2) Through the adoption of a Code of Conduct, Federal agencies hold their personnel to similar standards that are required of contractors and sub- contractors 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) SENSE OF CONGRESS ON IMPLEMENTATION OF ANTI- TRAFFICKING-IN-PERSONS POLICIES.—It is the sense of Congress that— ‘‘(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 can- didates 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 termi- nation of employment. ‘‘(c) POLICY FOR EXECUTIVE BRANCH EMPLOYEES.—The President shall take such steps as may be necessary to ensure that each officer and employee (including tem- porary employees, persons stationed abroad while working for the United States, and detailees from other agencies of the Federal Government) of an agency in the executive branch of the Federal Government is sub- Page 470 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4103 ject to a policy with a minimum standard that con- tains— ‘‘(1) a prohibition from engaging in human traf- ficking while employed by the Government in a full- time or part-time capacity; ‘‘(2) a requirement that all Federal personnel, with- out 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 traf- ficking 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 traf- ficking in persons point of contact any suspected cases of misconduct, waste, fraud, or abuse relating to trafficking in persons. ‘‘(d) TIMING.—The policy described in subsection (c)— ‘‘(1) shall be established or integrated into all appli- cable 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 con- duct 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) REPORTING.—The Office of Inspector General of a Federal department or agency, in consultation with the head of such agency, shall submit an annual report to Congress, which shall be publicly accessible, con- taining— ‘‘(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 pro- grams and operations of such agency.’’ OPTIONAL PARTICIPATION OF FEDERAL EMPLOYEES IN AIDS TRAINING PROGRAMS Pub. L. 104–146, § 9, May 20, 1996, 110 Stat. 1373, pro- vided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, a Federal employee may not be required to attend or participate in an AIDS or HIV training pro- gram if such employee refuses to consent to such at- tendance or participation, except for training nec- essary to protect the health and safety of the Federal employee and the individuals served by such employ- ees. An employer may not retaliate in any manner against such an employee because of the refusal of such employee to consent to such attendance or participa- tion. ‘‘(b) DEFINITION.—As used in subsection (a), the term ‘Federal employee’ has the same meaning given the term ‘employee’ in section 2105 of title 5, United States Code, and such term shall include members of the armed forces.’’ EXPERIMENTAL PROGRAM RELATING TO ACCEPTANCE OF VOLUNTARY SERVICES FROM PARTICIPANTS IN EXECU- TIVE EXCHANGE PROGRAM Pub. L. 101–416, § 1, Oct. 12, 1990, 104 Stat. 902, author- ized a 90-day extension of programs established under Pub. L. 99–424 for individuals who were participating in the program on the expiration date. Pub. L. 99–424, Sept. 30, 1986, 100 Stat. 964, as amended by Pub. L. 101–87, Aug. 16, 1989, 103 Stat. 595, authorized President to establish an experimental program, to be conducted during fiscal years 1987 through 1990, under which voluntary services could be accepted by the Gov- ernment, without regard to 31 U.S.C. 1342. Executive Documents DEPARTMENT OF HOMELAND SECURITY Exception from provisions of subsec. (a)(1) of this sec- tion of those elements of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Security for Information Analysis and Infra- structure Protection through the Department’s Assist- ant Secretary for Information Analysis, see Ex. Ord. No. 13286, § 86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under section 111 of Title 6, Domestic Security. CENTRAL INTELLIGENCE AGENCY Exception of Central Intelligence Agency from cer- tain provisions of subsec. (a)(1) of this section, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set out as a note under section 4102 of this title. EX. ORD. NO. 11348. FURTHER TRAINING OF GOVERNMENT EMPLOYEES Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by section 301 of Title 3 of the United States Code and by section 2 of the Act of July 7, 1958 (72 Stat. 327), it is ordered as fol- lows: PART I—GENERAL SECTION 101. (a) As used in this order, the terms ‘‘agency’’, ‘‘employee’’, ‘‘Government’’, and ‘‘training’’, have meanings given to those terms, respectively, by section 4101 of Title 5, United States Code. (b) ‘‘Interagency training’’ means training provided by one agency for other agencies or shared by two or more agencies. SEC. 102. It is the policy of the Government of the United States to develop its employees through the es- tablishment and operation of progressive and efficient training programs, thereby improving public service, increasing efficiency and economy, building and retain- ing a force of skilled and efficient employees, and in- stalling and using the best modern practices and tech- niques in the conduct of the Government’s business. SEC. 103. The Office of Personnel Management shall provide leadership and guidance to insure that the pol- icy set forth in section 102 is carried out. PART II—OFFICE OF PERSONNEL MANAGEMENT RESPONSIBILITIES SEC. 201. The Office of Personnel Management shall plan and promote the development, improvement, co- ordination, and evaluation of training in accordance with chapter 41 of Title 5, United States Code, and with the policy set forth in section 102 of this order. SEC. 202. In carrying out its responsibilities under chapter 41 of Title 5, United States Code, and section 201 of this order, the Office shall: (a) Advise the President on means for furthering and strengthening programs of training; (b) Counsel heads of agencies and other agency offi- cials on the improvement of training; (c) Assist agencies to develop sound programs and fi- nancial plans for training and provide advice, informa- tion, and assistance to agencies on planning, program- ming, budgeting, operating, and evaluating training programs; (d) Identify functional areas in which new or ex- panded interagency training activity is needed and ei- ther conduct such training or arrange for agencies hav- ing the substantive competence to do so; (e) Coordinate interagency training conducted by and for agencies (including agencies and portions of agen- cies excepted by section 4102(a) of Title 5, United States Code); (f) Encourage agencies to make appropriate use of non-Government training resources; (g) Develop, install, and maintain a system to provide the training data needed to carry out its own functions and to provide staff assistance to the President; and Page 471 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4103 (h) Provide for identification and dissemination of findings of research into training technology and un- dertake or assign to other agencies, such research projects as may be needed. PART III—AGENCY RESPONSIBILITIES AND OPERATIONS SEC. 301. The head of each agency shall plan, pro- gram, budget, operate, and evaluate training programs in accordance with chapter 41 of Title 5, United States Code, and with the policy set forth in section 102 of this order. SEC. 302. The head of each agency shall: (a) Foster employee self-development by creating a work environment in which self-development is encour- aged, by assuring that opportunities for training and self-study materials are reasonably available, where the employee is stationed, and by recognizing self-initi- ated improvement in performance; (b) Provide training for employees without regard to race, creed, color, national origin, sex, or other factors unrelated to the need for training; (c) Establish and make full use of agency facilities for training employees; (d) Extend agency training programs to employees of other agencies (including agencies and portions of agencies excepted by section 4102(a) of Title 5, United States Code) and assign his employees to interagency training whenever this will result in better training, improved service, or savings to the Government; (e) Establish interagency training facilities in areas of substantive competence as arranged by the Office of Personnel Management; and (f) Use non-Government training resources as appro- priate. SEC. 303. In carrying out his responsibilities, the head of each agency shall, consonant with chapter 41 of Title 5, United States Code, this order, and regulations of the Office of Personnel Management: (a) Review periodically, but not less often than annu- ally, 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 effective- ness; (d) Plan, program, and evaluate training for both short and longrange program needs by occupations, or- ganizations, or other appropriate groups; (e) Establish priorities for needed training, and pro- vide for the use of funds and manhours in accordance with these priorities; (f) Utilize the flexibility of work assignments to pro- vide work experience which promotes growth leading to higher quality and greater quantity of work done; (g) Establish training facilities and services as need- ed; (h) Monitor the effectiveness with which self-develop- ment 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 sec- tion 401(b) of this order and regulations issued by the Office of Personnel Management. PART IV—DELEGATIONS SEC. 401. The following functions vested in the Presi- dent are hereby delegated to the Office of Personnel Management: (a) The authority under section 4102(b)(1) of Title 5, United States Code, to designate any agency or part thereof, or any employee or employees therein, as ex- cepted from any provision of chapter 41, of Title 5, United States Code, other than sections 4102, 4111(b), and 4112; and to designate any such agency or part thereof, or any employee or employees therein pre- viously excepted, as again subject to chapter 41 of Title 5, United States Code, or any provision of that chapter. (b) The authority under section 4111(a) of Title 5, United States Code, to fix by regulation the extent to which the contributions, awards, and payments re- ferred to in that section may be made to and accepted by employees. SEC. 402. The authority vested in the President by section 4101(6)(B) of Title 5, United States Code, to des- ignate a foreign government or international organiza- tion or instrumentality of either as eligible to provide training, is hereby delegated to the head of each agency for his employees except that each such designation shall be made only after the agency head concerned has obtained and given due consideration to the advice of the Department of State thereon prior to the first use of such training facility and thereafter periodically but not less often than once every three years. PART V—REVOCATION OF PRIOR ORDER SEC. 501. Executive Order No. 10800 of January 15, 1959, is hereby revoked. EXECUTIVE ORDER NO. 11451 Ex. Ord. No. 11451, Jan. 19, 1969, 34 F.R. 921, as amend- ed by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which established the President’s Commission on Per- sonnel 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 Commis- sion 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 Execu- tive 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 PRO- GRAM WITHIN PRESIDENT’S COMMISSION ON EXECUTIVE EXCHANGE Ex. Ord. No. 12574, Nov. 20, 1986, 51 F.R. 42199, pro- vided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including the Executive Exchange Program Voluntary Services Act of 1986 (5 U.S.C. 4103 note, 100 Stat. 964), it is hereby ordered as follows: SECTION 1. Establishment of the Program. Effective Oc- tober 1, 1986, there is established, within the Executive Exchange Program of the President’s Commission on Executive Exchange, an experimental program under which Executive agencies of the government may ac- cept voluntary services for the United States from pri- vate sector participants in the Executive Exchange Program. SEC. 2. Program Limits. The experimental program shall be conducted during the fiscal years 1987 through 1989, and not more than ten individuals may commence participation in the program during any fiscal year. Acceptance of voluntary services from such individuals may not result in the displacement of any employee of the government. SEC. 3. Participant Restrictions. An individual partici- pating in the experimental program shall be considered an employee of the agency to which assigned for pur- poses of any laws, rules, and regulations of the United States, except that such individual shall not be covered by chapters 51, 53, 63, 83, 87, or 89 of title 5, United States Code, or any comparable provisions relating to classification, pay, leave, retirement, life insurance, or health benefits for employees of the government. RONALD REAGAN. Page 472 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4103 EX. ORD. NO. 12760. PRESIDENT’S COMMISSION ON EXECUTIVE EXCHANGE Ex. Ord. No. 12760, May 2, 1991, 56 F.R. 21062, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. The President’s Commission on Executive Exchange is hereby abolished. The Director of the Of- fice of Personnel Management shall be responsible for terminating the functions of the Commission, which shall be completed no later than September 30, 1991. SEC. 2. Executive Order No. 12493 of December 5, 1984 is revoked. GEORGE BUSH. EX. ORD. NO. 13111. USING TECHNOLOGY TO IMPROVE TRAINING OPPORTUNITIES FOR FEDERAL GOVERNMENT EMPLOYEES Ex. Ord. No. 13111, Jan. 12, 1999, 64 F.R. 2793, as amended by Ex. Ord. No. 13188, Jan. 12, 2001, 66 F.R. 5419; Ex. Ord. No. 13218, § 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 pro- ductive and provide improved service to our customers, the American taxpayers. We need to ensure that we continue to train Federal employees to take full advan- tage 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, initia- tives, 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 tech- nology, and an advisory committee on the use of train- ing technology, which also will explore options for fi- nancing 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 5 U.S.C. 1001 et seq.], and in furtherance of the purposes of Chapter 41 of title 5, United States Code, the Govern- ment Employees Training Act of 1958 (Public Law 85–507 [see Tables for classification]), as amended, and Executive Order 11348, ‘‘Providing for the Further Training of Government Employees,’’ [set out above] and in order to make effective use of technology to im- prove training opportunities for Federal Government employees, it is ordered as follows: SECTION 1. Establishment of the President’s Task Force on Federal Training Technology. (a) The ‘‘President’s Task Force on Federal Training Technology’’ (Task Force) is established. The Task Force shall provide leadership regarding the effective use of technology in training and education; make training opportunities an integral part of continuing employment in the Federal Government; and facilitate the ongoing coordination of Federal activities concerning the use of technology in training. The Task Force shall consist of the heads of the following departments and agencies or their rep- resentatives: the Departments of State, the Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, and Education; the Office of Personnel Management, General Services Administration, Environmental Protection Agency, National Aeronautics and Space and Administration, Small Business Administration, and Social Security Administration; a representative from the Small Agen- cy Council; and representatives from other relevant agencies and related Federal councils, as determined by the Chair and Vice Chair of the Task Force. (b) Within 30 days of the date of this order, the head of each agency or council shall designate a senior offi- cial 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 Manage- ment (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 Execu- tive Director. (e) The Task Force member agencies shall provide any required staffing and funding, as appropriate. SEC. 2. Duties of the Task Force. (a) Within 18 months of the date of this order, the Task Force shall develop and recommend to the President, through the Assistant to the President for Economic Policy and the Assistant to the President for Science and Technology, a policy to make effective use of technology to improve train- ing opportunities for Federal Government employees. The policy should promote and integrate the effective use of training technologies to create affordable and convenient training opportunities to improve Federal employee performance. The Task Force shall seek the views of experts from industry, academia, and State and local governments as the Task Force proceeds, as appropriate. Specifically, the Task Force shall: (1) develop strategies to improve the efficiency and availability of training opportunities for Federal Government employees; (2) form partnerships among key Federal agencies, State and local governments, businesses, universities, and other appropriate entities to promote the devel- opment and use of high-quality training opportuni- ties; (3) analyze the use of technology in existing train- ing programs and policies of the Task Force member agencies to determine what changes, modifications, and innovations may be necessary to advance train- ing opportunities; (4) in consultation with the Department of Defense and the National Institute of Standards and Tech- nology, recommend standards for training software and associated services purchased by Federal agen- cies and contractors. These standards should be con- sistent with voluntary industry consensus-based com- mercial standards. Agencies, where appropriate, should use these standards in procurements to pro- mote 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 instruc- tional technologies and facilitate multiagency pro- curement and use of training materials, where appro- priate; (7) in consultation with the General Services Ad- ministration, 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 ex- isting 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 estab- lishing a Federal Individual Training Account for each Federal worker for training relevant to his or her Fed- eral 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 indi- vidual employee’s manager. Options and recommenda- Page 473 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4104 tions shall be reported no later than 6 months from the date of this order. SEC. 3. Duties of All Federal Agencies. (a) Each Federal agency shall, to the extent permitted by law: (1) include as part of its annual budget process a set of goals to provide the highest quality and most effi- cient training opportunities possible to its employ- ees, and a set of performance measures of the quality and availability of training opportunities possible to its employees. Such measures should be, where appro- priate, based on outcomes related to performance rather than time allocation; (2) identify the resources necessary to achieve the aforementioned goals and performance measures ar- ticulated in its annual performance plan; (3) and, where practicable, use the standards rec- ommended by the Task Force and published by the Office of Personnel Management for purchasing train- ing software and associated services; and (4) subject to the availability of appropriations, post training courses, information, and other learn- ing opportunities on the Department of Labor’s America’s Learning Exchange (ALX), or other appro- priate information dissemination vehicles as deter- mined by the Task Force, to make information about Federal training courses, information, and other learning opportunities widely available to Federal employees. (b) Each Federal agency, to the extent permitted by law, is encouraged to consider how savings achieved through the efficient use of training technology can be reinvested in improved training for their employees. SEC. 4. Duties of Specific Federal Agencies. (a) In light of the Office of Personnel Management’s responsibility for developing Government-wide training policy, co- ordinating and managing training policy programs, and providing technical assistance to Federal agencies, the Office of Personnel Management or other appropriate agency as determined by the Task Force shall: (1) in consultation with the Task Force, the Depart- ment 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 dis- semination 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 fos- ter 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 re- source center to support Federal agencies using training technology and to facilitate the develop- ment 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 participa- tion 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 train- ing 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. [SECS. 5 to 7. Revoked by Ex. Ord. No. 13316, § 3(a), Sept. 17, 2003, 68 F.R. 55255, eff. Sept. 30, 2003.] SEC. 8. Definitions. (a) As used in this order, the terms ‘‘agency,’’ ‘‘employee,’’ ‘‘Government,’’ and ‘‘training’’ have the meaning given to those terms, respectively, by section 4101 of title 5, United States Code. (b) The term ‘‘technology,’’ means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipu- lation, 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 re- sources. For purposes of the preceding sentence, equip- ment 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 agen- cy 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 Fed- eral contract. SEC. 9. Judicial Review. This order does not create any enforceable rights against the United States, its agen- cies, its officers, or any person. 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 Serv- ices, 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 section 601 of this title. § 4104. Government facilities; use of An agency program for the training of employ- ees by, in, and through Government facilities under this chapter shall— (1) provide for training, insofar as prac- ticable, by, in, and through Government facili- ties 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 434.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2307. July 7, 1958, Pub. L. 85–507, § 8, 72 Stat. 331. In paragraph (2), the words ‘‘other agencies in any branch of the Government’’ and ‘‘the other agencies’’ are coextensive with and substituted for ‘‘other depart- ments, and with other agencies in any branch of the Government’’ and ‘‘such other departments and agen-