5 U.S.C. § 4104 — Government facilities; use of

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- Page 474 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4105 cies’’. This is so because ‘‘other agencies in any branch of the Government’’ is broader than ‘‘agency’’ as de- fined for the purpose of this chapter in section 4101(1). 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. § 4105. Non-Government facilities; use of The head of an agency, without regard to sec- tion 6101(b) to (d) of title 41, may make agree- ments or other arrangements for the training of employees of the agency by, in, or through non- Government facilities under this chapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 434; Pub. L. 103–226, § 2(a)(3), Mar. 30, 1994, 108 Stat. 111; Pub. L. 111–350, § 5(a)(7), Jan. 4, 2011, 124 Stat. 3841.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2308. July 7, 1958, Pub. L. 85–507, § 9, 72 Stat. 331. 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 omit- ted as unnecessary. 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 2011—Pub. L. 111–350 substituted ‘‘section 6101(b) to (d) of title 41’’ for ‘‘section 5 of title 41’’. 1994—Pub. L. 103–226 struck out subsec. (a) designa- tion and subsecs. (b) and (c), which read as follows: ‘‘(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 selec- tion 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 require- ments of the agency in recruiting and retaining sci- entific, 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 section 4118(a)(8) of this title.’’ [§ 4106. Repealed. Pub. L. 103–226, § 2(a)(4), Mar. 30, 1994, 108 Stat. 112] Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 434; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224, related to limitations on amount of training of employees through non-Government facilities. § 4107. Academic degree training (a) Subject to subsection (b), an agency may select and assign an employee to academic de- gree training and may pay or reimburse the costs of academic degree training from appro- priated or other available funds if such train- ing— (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 coordi- nated 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 nation- ally recognized body. (b) In exercising authority under subsection (a), an agency shall— (1) consistent with the merit system prin- ciples set forth in paragraphs (2) and (7) of sec- tion 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 disabil- ities are appropriately represented in Gov- ernment 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 op- portunity to obtain an academic degree or qualify for appointment to a particular posi- tion for which the academic degree is a basic requirement; (3) assure that no authority under this sub- section 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 ex- cepted from the competitive service because of its confidential policy-determining, pol- icy-making or policy-advocating character; and (4) to the greatest extent practicable, facili- tate the use of online degree training. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 435; Pub. L. 101–510, div. A, title XII, § 1206(a), Nov. 5, 1990, 104 Stat. 1659; Pub. L. 103–226, § 2(a)(5), Mar. 30, 1994, 108 Stat. 112; Pub. L. 106–398, § 1 [[div. A], title XI, § 1121], Oct. 30, 2000, 114 Stat. 1654, 1654A–315; Pub. L. 107–296, title XIII, § 1331(a), Nov. 25, 2002, 116 Stat. 2298.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 2313. July 7, 1958, Pub. L. 85–507, § 14, 72 Stat. 334. (b) ............. 5 U.S.C. 2318(d). July 7, 1958, Pub. L. 85–507, § 19(d), 72 Stat. 336. (c) ............. 5 U.S.C. 2312. July 7, 1958, Pub. L. 85–507, § 13, 72 Stat. 334. 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 un- necessary. 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.