at the time of consent to transfer or, in the absence of a named period, not extending beyond the first 5 consecutive years, or any extension thereof, after entering the employ of the international organization. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 91-175, pt. V, § 502(b), Dec. 30, 1969, 83 Stat. 825.) Derivation HISTORICAL AND REVISION NOTES U.S. Code 5 U.S.C. 2331 Revised Statutes and In paragraphs (1)(A) and (B), the terms "Executive agency" and "military department" are coextensive with and substituted for "any department or agency in the executive branch of the United States Government including independent establishments and Government owned or controlled corporations" in view of the definitions in sections 105 and 102. In paragraph (2), the word "employee" is substituted for "any civilian appointive officer or employee" in view of the definition of "employee" in section 2105. The words "in or under an agency" are substituted for “in or under the executive or the legislative branch of the United States Government". The definition of "Congressional employee" in former section 2331 (4) is omitted as unnecessary because the term "Congressional employee", defined for the purpose of this title in section 2107, is coextensive with the definition in former section 2331(4). The definition of "Detail" in former section 2331(6) is omitted from this section as inappropriate but is carried into section 3343. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1969 Par. (5). Pub. L. 91-175 substituted "the first 5 consecutive years, or any extension thereof, after entering the employ of the international organization" for "the first 3 consecutive years after entering the employ of the international organization." DELEGATION OF AUTHORITY Authority of the President to extend a transfer of an employee under this section delegated to the Secretary of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under section 3584 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3343 of this title. §3582. Rights of transferring employees. (a) An employee serving under an appointment not limited to 1 year or less who transfers to an international organization with the consent of the head of his agency is entitled (1) to retain coverage, rights, and benefits under any system established by law for the retirement of employees, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the system's fund or depository; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under the system, except that such service shall not be considered creditable service for the purpose of any retirement system for transferring personnel, if such service forms the basis, in whole or in part, for an annuity or pension under the retirement system of the international organization; (2) to retain coverage, rights, and benefits under chapters 87 and 89 of this title, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the Employees' Life Insurance Fund and the Employees' Health Benefits Fund, as applicable, and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapters 87 and 89 of this title; (3) to retain coverage, rights, and benefits under subchapter I of chapter 81 of this title, and for this purpose his employment with the international organization is deemed employment by the United States, but if he or his dependents receive from the international organization a payment, allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the international organization, or other benefit of any kind on account of the same injury or death, the amount thereof is credited against disability or death compensation, as the case may be, payable under subchapter I of chapter 81 of this title; and (4) to elect to retain to his credit all accumulated and current accrued annual leave to which entitled at the time of transfer which would otherwise be liquidated by a lump-sum payment. On his request at any time before reemployment, he shall be paid for the annual leave retained. If he receives a lump-sum payment and is reemployed within 6 months after transfer, he shall refund to the agency the amount of the lump-sum payment. This paragraph does not operate to cause a forfeiture of retained annual leave following reemployment or to deprive an employee of a lump-sum payment to which he would otherwise be entitled. (b) An employee entitled to the benefits of subsection (a) of this section is entitled to be reemployed within 30 days of his application for reemployment in his former position or a position of like seniority, status, and pay in the agency from which he transferred, if— (1) he is separated from the international organization within 5 years, or any extension thereof, after entering on duty with the international organization or within such shorter period as may be named by the head of the agency at the time of consent to transfer; and (2) he applies for reemployment not later than 90 days after the separation. The On reemployment, he is entitled to the rate of basic pay to which he would be entitled had he remained in the civil service. On reemployment, the agency shall restore his sick leave account, by credit or charge, to its status at the time of transfer. period of separation caused by his employment with the international organization and the period necessary to effect reemployment are deemed creditable service for all appropriate civil service employment purposes. On reemployment, he is entitled to be paid, under such regulations as the President may prescribe and from appropriations or funds of the agency from which transferred, an amount equal to the difference between the pay, allowances, post differential, and other monetary benefits paid by the international organization and the pay, allowances, post differential, and other monetary benefits that would have been paid by the agency had he been detailed to the international organization under section 3343 of this title. Such a payment shall be made to an employee who is unable to exercise his reemployment right because of disability incurred while on transfer to an international organization under this subchapter and, in the case of any employee who dies while on such a transfer or during the period after separation from the international organization in which he is properly exercising or could exercise his reemployment right, in accordance with subchapter VIII of chapter 55 of this title. This subsection does not apply to a congressional employee nor may any payment provided for in the preceding two sentences of this subsection be based on a period of employment with an international organization occurring before the first day of the first pay period which begins on or after the date of enactment of the Foreign Assistance Act of 1969. (c) This section applies only with respect to so much of a period of employment with an international organization as does not exceed 5 years, or any extension thereof, or such shorter period named by the head of the agency at the time of consent to transfer, except that for retirement and insurance purposes this section continues to apply during the period after separation from the international organization in which (1) an employee, except a Congressional employee, is properly exercising or could exercise the reemployment right established by subsection (b) of this section; or (2) a Congressional employee is effecting or could effect a reemployment. During that reemployment period, the employee is deemed on leave without pay for retirement and insurance purposes. (d) During the employee's period of service with the international organization, the agency from which the employee is transferred shall make contributions for retirement and insurance purposes from the appropriations or funds of that agency so long as contributions are made by the employee. (Pub. L. 889-554, Sept. 6, 1966, 80 Stat. 430; Pub. L. 91-175, pt. V, § 502(c)–(f), Dec. 30, 1969, 83 Stat. 825, 826.) Derivation HISTORICAL AND REVISION NOTES U.S. Code 5 U.S.C. 2333 (less (c)). Revised Statutes and Statutes at Large Aug. 28, 1958, Pub. L. 85-795, § 4 (less (c)), 72 Stat. 960. In subsection (a), the words "Notwithstanding the provisions of any law, Executive order, or regulation" are omitted as unnecessary. In paragraph (2), the words "an employee under chapter 87 of this title" are substituted for "an officer or employee of the United States". In paragraph (4), the words "under no circumstances" are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. REFERENCES IN TEXT The date of enactment of the Foreign Assistance Act of 1969, referred to in subsec. (b), is the date of enactment of Pub. L. 91-175, which was approved Dec. 30, 1969. AMENDMENTS 1969 Subsec. (a). Pub. L. 91-175, § 502 (c), added provision at the end of clause (1) excepting from creditable service, for the purpose of any retirement system, an agency employee who transfers to an international organization, if such service forms the basis for an annuity or pension under the retirement system of the international organization, and, in clause (2), added references to chapter 89 and Employees' Health Benefits Fund. Subsec. (b). Pub. L. 91-175, § 502(d), struck out ", except a Congressional employee," in the material preceding cl. (1), substituted “5 years or any extension thereof," for "3 years" in cl. (1), and, in the material following cl. (2), added provision dealing with pay differentials to be received by former agency employee on reemployment with agency after service with international organization. Subsec. (c). Pub. L. 91-175, § 502(e), substituted "5 years, or any extension thereof," for "3 years." Subsec (d). Pub. L. 91-175, § 502(f), made contributions for retirement and insurance purposes mandatory by the agency from which employee is transferred, during employee's period of service with international organization, so long as contributions are made by employee. DELEGATION OF AUTHORITY Authority of the President under subsec. (b) of this section delegated to the Civil Service Commission and authority, to define and specify pay, allowances, etc., to be paid by the federal agency, delegated to the Secretary of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under section 3584 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3581 of this title. The President may prescribe regulations necessary to carry out this subchapter and section 3343 of this title and to protect and assure the retirement, insurance, leave, and reemployment rights and such other similar civil service employment rights as he finds appropriate. The regulations may provide for the exclusion of employees from the application of this subchapter and section 3343 of this title on the basis of the nature and type of employment including excepted appointments of a confidential or policydetermining character, or conditions pertaining to the employment including short-term appointments. seasonal or intermittent employment, and part-time employment. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. The words "civil service employment rights" are substituted for "Federal employment rights". The word “including" is substituted for "such as, but not limited to". Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. Ex. ORD. NO. 11552. PROVIDING FOR DETAILS AND TRANSFERS OF FEDERAL EMPLOYEES TO INTERNATIONAL ORGANIZATIONS Ex Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, provided: By virtue of the authority vested in me by section 301 of title 3 and section 3584 of title 5 [this section], United States Code, and as President of the United States, it is ordered as follows: SECTION 1. Leadership and coordination. The Secretary of State shall provide leadership and coordination for the effort of the Federal Government to increase and improve its participation in international organizations through transfers and details of well-qualified Federal employees, and shall develop policies, procedures, and programs consistent with this order to advance and encourage such participation. SEC. 2. Federal agency cooperation. Each agency in the executive branch of the Federal Government shall to the maximum extent feasible and with due regard to its manpower requirements assist and encourage details and transfers of employees to international organizations by observing the following policies and procedures: (1) Vacancies in international organizations shall be brought to the notice of well-qualified agency employees whose abilities and levels of respsonsibility in the Federal service are commensurate with those required to fill such vacancies. (2) Subject to prior approval of his agency, no leave shall be charged an employee who is absent for a maximum of three days for interview for a proposed detail or transfer at the formal request of an international organization of a Federal official; an agency may approve official travel for necessary travel within the United States in connection such an interview. (3) An agency, upon request of an appropriate authority, shall provide international organizations with detailed assessments of the technical or professional qualifications of individual employees being formally considered for details and transfers to specific positions. (4) Upon return of an employee to his agency, the agency shall give due consideration to the employee's overall qualifications, including those which may have been acquired during his service with the international organization, in determining the position and grade in which he is reemployed. SEC. 3. Delegations. (a) Except as otherwise provided in this order, there is hereby delegated to the United States Civil Service Commission the authority vested in the President by sections 3582 (b) and 3584 of title 5, United States Code. (b) The following are hereby delegated to the Secretary of State: (1) The authority vested in the President by sections 3343 and 3581 of title 5, United States Code, to determine whether it is in the national interest to extend a detail or transfer of an employee beyond five years. (2) The authority vested in the President by section 3582(b) of title 5, United States Code, to define and specify "pay, allowances, post differential, and other monetary benefits" to be paid by the agency upon reemployment, disability, or death. SEC. 4. Revocation. Executive Order No. 10804 of February 12, 1959, is hereby revoked. § 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 sections 846-852 or 856-859 of title 31; (D) the Library of Congress; (E) the Government Printing Office; and (F) the government of the District of Columbia; (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 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 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 qualifications of the employee in the performance of official duties; (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 any of the foregoing; (B) a foreign government or international organization, or instrumentality of either, which is designated by the President as eligible to provide training under this chapter; (C) a medical, scientific, technical, educational, research, or professional institution, foundation, or organization; (D) a business, commercial, or industrial firm, corporation, partnership, proprietorship, or other organization; (E) individuals other than civilian or military 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.) In paragraph (1), the word "agency" is substituted for "department". Reference to the "General Accounting Office" is omitted as included in “independent establishment" 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 definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1967-Par. (2) (B). Pub. L. 90–206 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey". 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 a note under section 3110 of this title. TRANSFER OF FUNCTIONS The Coast and Geodetic Survey was consolidated with the Weather Bureau of the Department of Commerce to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to this title. All personnel (including commissioned offcers) of the Survey and all property held or used by the Survey were deemed transferred to the Administration and all functions of the Survey were transferred to the Secretary of Commerce. For transfer to National Oceanic and Atmospheric Administration, see transfer of functions note under section 4109 of this title. DELEGATION OF FUNCTIONS Functions of the President under subsec. (6) (B) of this section delegated to the 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 directors; (B) the Tennessee Valley Authority; or (C) an individual (except a commissioned officer of the Environmental Science Services 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. (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 (except a Postmaster), 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 Civil Service Commission from a provision of this chapter which vests in or imposes on the Commission 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 433; Pub. L. 90-83, § 1(4), Sept. 11, 1967, 81 Stat. 196.) HISTORICAL AND REVISION NOTES 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 "employee" in section 4101(2). In subsection (a)(1)(C), the words "as defined by section 231(a) of Title 37" are omitted as unnecessary in view of the definition of "uniformed services" in section 2101(b). The words "section 204 of title 37" are substituted 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 President by and with the advice and consent of the Senate or by the President alone". In subsection (b)(1), reference to "section 21, and section 22" is omitted as unnecessary since the sections are not carried into this title, but are scheduled for repeal, see Table II. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1967 Subsec. (a)(1)(C). Pub. L. 90-83 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey." See Reviser's Note under section 2101 of this title, and transfer of functions note under section 4101 of this title. DELEGATION OF FUNCTIONS Functions of the President under subsec. (b)(1) of this section delegated to the Civil Service Commission, 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]: (a) Section 2(4), 6, 9(b) (1), 11, 12, 15, 16, and 18 [section 2301(4), 2305, 2308(b) (1), 2310, 2311, 2314, 2315, and 2317, respectively of this title]. (b) The last sentence of section 5 [section 2304 of this title]. (c) That part of section 7 [section 2306 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 2305 of this title], to the principles, standards, and related requirements contained in such regulations then current,". (d) That part of section 10 [section 2309 of this title] which reads "in accordance with regulations issued by the Commission under authority of section 6(a) (8) [section 2305 (a) (8) of this title]." SEC. 2. Section 2 of Executive Order No. 10800, of January 15, 1959, is hereby amended by deleting the reference to "section 5" and the reference to "section 5(b)" and by inserting in lieu thereof "section 4" and "section 4(b)", respectively. Ex. ORD. No. 11531. DELEGATION OF PRESIDENTIAL AUTHORITY TO DESIGNATE UNITED STATES MARSHALS AND UNITED STATES ATTORNEYS FOR TRAINING Ex. Ord. No. 11531, May 26, 1970, 35 F.R. 8337, provided: By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, I hereby delegate to the Attorney General the authority vested in me by Section 4102(a) (2) (B) of Title 5, United States Code [subsec. (a) (2) (B) of this section], to designate individuals appointed by the President as United States Attorneys and United States Marshals for training under Chapter 41 of Title 5, United States Code [this chapter]. RICHARD NIXON SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4101, 4108 of this title. § 4103. Establishment of training programs. In order to increase economy and efficiency in the operations of the agency and to raise the standards of performance by employees of their official duties to the maximum possible level of proficiency, the head of each agency, in conformity with this chapter, shall establish, operate, and maintain 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; (2) provide for adequate administrative control by appropriate authority; and (3) provide for the encouragement of selftraining 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. (Pub. L. 89-554, Sept. 6, 1966. 80 Stat. 433.) 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 definitions applicable and the style of this title as outlined in the preface to the report. CENTRAL INTELLIGENCE AGENCY Exception of Central Intelligence Agency from provisions of cl. (1) of this section and certain other provisions of this chapter, and section 1308 of this title, 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, 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 follows: 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 establishment and operation of progressive and efficient training programs, thereby improving public service, increasing efficiency and economy, building and retaining a force of skilled and efficient employees, and installing and using the best modern practices and techniques in the conduct of the Government's business. SEC. 103. The Civil Service Commission shall provide leadership and guidance to insure that the policy set forth in section 102 is carried out. PART II-CIVIL SERVICE COMMISSION RESPONSIBILITIES SEC. 201. The Civil Service Commission shall plan and promote the development, improvement, coordination, 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 Commission shall: (a) Advise the President on means for furthering and strengthening programs of training; (b) Counsel heads of agencies and other agency officials on the improvement of training; (c) Assist agencies to develop sound programs and financial plans for training and provide advice, information, and assistance to agencies on planning, programming, budgeting, operating, and evaluating training programs; (d) Identify functional areas in which new or expanded interagency training activity is needed and either conduct such training or arrange for agencies having the substantive competence to do so; (e) Coordinate interagency training conducted by and for agencies (including agencies and portions of agencies 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 (h) Provide for identification and dissemination of findings of research into training technology and undertake 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, program, 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. |