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5 U.S.C. § 4118 — Regulations

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5 U.S.C. § 4118 — Regulations

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Page 479 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4118 Executive Documents DEPARTMENT OF HOMELAND SECURITY Exception from provisions of this section of those ele- ments of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Se- curity for Information Analysis and Infrastructure Pro- tection through the Department’s Assistant Secretary for Information Analysis, see Ex. Ord. No. 13286, § 86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under sec- tion 111 of Title 6, Domestic Security. CENTRAL INTELLIGENCE AGENCY Exception of Central Intelligence Agency from provi- sions 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. § 4116. Training program assistance The Office of Personnel Management, on re- quest of an agency, shall advise and assist in the establishment, operation, and maintenance of the training programs and plans of the agency under this chapter, to the extent of its facilities and personnel available for that purpose. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2316. July 7, 1958, Pub. L. 85–507, § 17, 72 Stat. 335. 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 1978—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. 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. § 4117. Administration The Office of Personnel Management has the responsibility and authority for effective pro- motion and coordination of the training pro- grams under this chapter and training oper- ations thereunder. The functions, duties, and re- sponsibilities of the Office under this chapter are subject to supervision and control by the President and review by Congress. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2301(4). July 7, 1958, Pub. L. 85–507, § 2(4), 72 Stat. 328. .................. 5 U.S.C. 2318(e). July 7, 1958, Pub. L. 85–507, § 19(e), 72 Stat. 336. Former sections 2301(4) and 2318(e) are combined and restated for clarity. 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 1978—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Service Commis- sion’’ and ‘‘Commission’’, respectively. 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. Executive Documents DEPARTMENT OF HOMELAND SECURITY Exception from provisions of this section of those ele- ments of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Se- curity for Information Analysis and Infrastructure Pro- tection through the Department’s Assistant Secretary for Information Analysis, see Ex. Ord. No. 13286, § 86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under sec- tion 111 of Title 6, Domestic Security. CENTRAL INTELLIGENCE AGENCY Exception of Central Intelligence Agency from cer- tain provisions of this section, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set out as a note under sec- tion 4102 of this title. § 4118. Regulations (a) The Office of Personnel Management, after considering the needs and requirements of each agency for training its employees and after con- sulting with the agencies principally concerned, shall prescribe regulations containing the prin- ciples, standards, and related requirements for the programs, and plans thereunder, for the training of employees under this chapter, in- cluding requirements for coordination of and reasonable uniformity in the agency training programs and plans. The regulations shall pro- vide for the maintenance of necessary informa- tion 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 train- ing programs. The regulations also shall cover— (1) requirements concerning the determina- tion 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 employ- ees 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 Page 480 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4119 plans and economies resulting therefrom, in- cluding estimates of costs of training; (8) requirements and limitations necessary with respect to payments and reimbursements in accordance with section 4109 of this title; and (9) other matters considered appropriate or necessary by the Office to carry out the provi- sions of this chapter. (b) The Office, in accordance with this chap- ter, may revise, supplement, or abolish regula- tions prescribed under this section, and pre- scribe additional regulations. (c) This section does not authorize the Office to prescribe the types and methods of intra- agency training or to regulate the details of intra-agency training programs. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 103–226, § 2(a)(9), Mar. 30, 1994, 108 Stat. 112.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2305. July 7, 1958, Pub. L. 85–507, § 6, 72 Stat. 329. In subsection (a), the word ‘‘appropriate’’ is omitted as unnecessary. The words ‘‘with respect to training by, in, and through Government facilities and non-Govern- ment facilities’’ are omitted as unnecessary. In subsection (b)(2) and (3), the words ‘‘by, in, or through a non-Government facility’’ are omitted as un- necessary in view of the previous reference in the sub- section. In subsection (c), the words ‘‘From time to time’’ are omitted as unnecessary. In subsection (d), the prohibition is restated in posi- tive form. 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—Subsec. (a)(7). Pub. L. 103–226, § 2(a)(9)(A), struck out before semicolon at end ‘‘by, in, and through non- Government facilities’’. Subsecs. (b) to (d). Pub. L. 103–226, § 2(a)(9)(B), (C), re- designated subsecs. (c) and (d) as (b) and (c), respec- tively, and struck out former subsec. (b) which read as follows: ‘‘In addition to the matters set forth by sub- section (a) of this section, the regulations, concerning training of employees by, in, or through non-Govern- ment facilities, shall— ‘‘(1) prescribe general policies governing the selec- tion of a non-Government facility to provide train- ing; ‘‘(2) authorize training of employees only after the head of the agency concerned determines that ade- quate training for employees by, in, or through a Government facility is not reasonably available, and that consideration has been given to the existing or reasonably foreseeable availability and use of fully trained employees; and ‘‘(3) prohibit training an employee for the purpose of filling a position by promotion if there is in the agency concerned another employee, of equal ability and suitability, fully qualified to fill the position and available at, or within a reasonable distance from, the place where the duties of the position are to be performed.’’ 1978—Subsecs. (a), (c), (d). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Service Commission’’ and ‘‘Commission’’, respec- tively, wherever appearing. 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. Executive Documents DEPARTMENT OF HOMELAND SECURITY Exception from provisions of this section of those ele- ments of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Se- curity for Information Analysis and Infrastructure Pro- tection through the Department’s Assistant Secretary for Information Analysis, see Ex. Ord. No. 13286, § 86, Feb. 28, 2003, 68 F.R. 10632, set out as a note under sec- tion 111 of Title 6, Domestic Security. CENTRAL INTELLIGENCE AGENCY Exception of Central Intelligence Agency from provi- sions 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. § 4119. Training for employees under the Office of the Architect of the Capitol and the Bo- tanic Garden (a) The Architect of the Capitol may, by regu- lation, make applicable such provisions of this chapter as the Architect determines necessary to provide for training of (1) individuals em- ployed under the Office of the Architect of the Capitol and the Botanic Garden and (2) other congressional employees who are subject to the administrative control of the Architect. The regulations shall provide for training which, in the determination of the Architect, is consistent with the training provided by agencies under the preceding sections of this chapter. (b) The Office of Personnel Management shall provide the Architect of the Capitol with such advice and assistance as the Architect may re- quest in order to enable the Architect to carry out the purposes of this section. (Added Pub. L. 97–346, § 1(a), Oct. 15, 1982, 96 Stat. 1647.) § 4120. Training for employees of the Capitol Po- lice (a) The Chief of the Capitol Police may, by regulation, make applicable such provisions of this chapter as the Chief determines necessary to provide for training of employees of the Cap- itol Police. The regulations shall provide for training which, in the determination of the Chief, is consistent with the training provided by agencies under the preceding sections of this chapter. (b) The Office of Personnel Management shall provide the Chief of the Capitol Police with such advice and assistance as the Chief may request in order to enable the Chief to carry out the pur- poses of this section. (Added Pub. L. 108–7, div. H, title I, § 1010(a), Feb. 20, 2003, 117 Stat. 360.)

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

5 U.S.C. § 2301 — Merit system principles

**(a)** This section shall apply to— (1) an Executive agency; and (2) the Government Publishing Office. **(b)** Federal personnel management should be implemented consistent with the following merit system principles: (1) Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills, after fair and open competition which assures that all receive equal opportunity. (2) All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights. (3) Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition should be provided for excellence in performance. (4) All employees should maintain high standards of integrity, conduct, and concern for the public interest. (5) The Federal work force should be used efficiently and effectively. (6) Employees should be retained on the basis of the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards. (7) Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance. (8) Employees should be— (A) protected

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

5 U.S.C. § 2301 — Merit system principles

Page 308 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 2109 purposes of making an appointment in the competitive service, if the individual— (A) meets the definition of a veteran under section 2108(1), except for the requirement that the individual has been discharged or released from active duty in the armed forces under honorable conditions; and (B) submits a certification described under paragraph (2) to the Federal officer making the appointment. (2) CERTIFICATION.—A certification referred to under paragraph (1) is a certification that the individual is expected to be discharged or released from active duty in the armed forces under honorable conditions not later than 120 days after the date of the submission of the certification. (b) DISABLED VETERAN.— (1) IN GENERAL.—Except as provided under paragraph (3),1 an individual shall be treated as a disabled veteran defined under section 2108(2) for purposes of making an appointment in the competitive service, if the individual— (A) meets the definition of a disabled vet- eran under section 2108(2), except for the re- quirement that the individual has been sepa- rated from active duty in the armed forces under honorable conditions; and (B) submits a certification described under paragraph (2) to the Federal officer making the appointment. (2) CERTIFICATION.—A certification referred to under paragraph (1) is a certification that the individual is expected to be separated from active duty in the armed forces under honor- able conditions not later than 120 days after the date of the submission of the certification. (c) PREFERENCE ELIGIBLE.—Subsections (a) and (b) shall apply with respect to determining whether an individual is a preference eligible under section 2108(3) for purposes of making

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

5 U.S.C. § 2305 — Responsibility of the Government Accountability Office

If requested by either House of the Congress (or any committee thereof), or if considered necessary by the Comptroller General, the Government Accountability Office shall conduct audits and reviews to assure compliance with the laws, rules, and regulations governing employment in the executive branch and in the competitive service and to assess the effectiveness and soundness of Federal personnel management.

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

5 U.S.C. § 2305 — Responsibility of the Government Ac-

Page 324 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 2304 1 See References in Text note below. employees of the Federal Bureau of Investigation vest- ed in the President by section 101(a) of the Civil Service Reform Act of 1978 (Public Law 95–454), as amended by the Whistleblower Protection Act of 1989 (Public Law 101–12), and codified at section 2303(c) of title 5, United States Code, and direct the Attorney General to estab- lish appropriate processes within the Department of Justice to carry out these functions. Not later than March 1 of each year, the Attorney General shall pro- vide a report to the President stating the number of al- legations of reprisal received during the preceding cal- endar year, the disposition of each allegation resolved during the preceding calendar year, and the number of unresolved allegations pending as of the end of the cal- endar year. All of the functions vested in the President by sec- tion 2303(c) of title 5, United States Code, and delegated to the Attorney General, may be redelegated, as appro- priate, provided that such functions may not be redele- gated to the Federal Bureau of Investigation. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. § 2304. Prohibited personnel practices affecting the Transportation Security Administration (a) IN GENERAL.—Notwithstanding any other provision of law, any individual holding or ap- plying for a position within the Transportation Security Administration shall be covered by— (1) the provisions of section 2302(b)(1), (8), and (9); (2) any provision of law implementing sec- tion 2302(b)(1), (8), or (9) by providing any right or remedy available to an employee or appli- cant for employment in the civil service; and

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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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