
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC4103]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                          CHAPTER 41--TRAINING
 
Sec. 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 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;
        (3) provide that information concerning the selection and 
    assignment of employees for training and the applicable training 
    limitations and restrictions be made available to employees of the 
    agency; and
        (4) provide for the encouragement of self-training 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.
    (b)(1) Notwithstanding any other provision of this chapter, an 
agency may train any employee of the agency to prepare the employee for 
placement in another agency if the head of the agency 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.

(Pub. L. 89-554, Sept. 6, 1966. 80 Stat. 433; Pub. L. 95-454, title III, 
Sec. 304, Oct. 13, 1978, 92 Stat. 1146; Pub. L. 103-226, Sec. 2(a)(2), 
Mar. 30, 1994, 108 Stat. 111.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2306.                July 7, 1958, Pub. L.
                                                    85-507, Sec.  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 definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-226, Sec. 2(a)(2)(A)(i), in 
introductory provisions, substituted ``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'' for 
``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''.
    Subsec. (a)(3), (4). Pub. L. 103-226, Sec. 2(a)(2)(A)(ii)-(iv), 
added par. (3) and redesignated former par. (3) as (4).
    Subsec. (b)(1). Pub. L. 103-226, Sec. 2(a)(2)(B)(i), substituted 
``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, Sec. 2(a)(2)(B)(ii), (iii), 
redesignated 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 obtain 
verification from the Office of Personnel Management that there exists a 
reasonable expectation of placement in another agency.''
    Subsec. (b)(3). Pub. L. 103-226, Sec. 2(a)(2)(B)(ii), redesignated 
par. (3) as (2).
    1978--Pub. L. 95-454 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    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.


  Optional Participation of Federal Employees in AIDS Training Programs

    Pub. L. 104-146, Sec. 9, May 20, 1996, 110 Stat. 1373, provided 
that:
    ``(a) In General.--Notwithstanding any other provision of law, a 
Federal employee may not be required to attend or participate in an AIDS 
or HIV training program if such employee refuses to consent to such 
attendance or participation, except for training necessary to protect 
the health and safety of the Federal employee and the individuals served 
by such employees. 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 participation.
    ``(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 Executive Exchange Program

    Pub. L. 101-416, Sec. 1, Oct. 12, 1990, 104 Stat. 902, authorized 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 
Government, without regard to 31 U.S.C. 1342.


                       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, 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 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 Office of Personnel Management shall provide 
leadership and guidance to insure that the policy 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, 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 Office 
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.
    Sec. 302. The head of each agency shall:
    (a) Foster employee self-development by creating a work environment 
in which self-development is encouraged, by assuring that opportunities 
for training and self-study materials are reasonably available, where 
the employee is stationed, and by recognizing self-initiated 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 appropriate.
    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 annually, 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 effectiveness;
    (d) Plan, program, and evaluate training for both short and 
longrange program needs by occupations, organizations, or other 
appropriate groups;
    (e) Establish priorities for needed training, and provide for the 
use of funds and manhours in accordance with these priorities;
    (f) Utilize the flexibility of work assignments to provide work 
experience which promotes growth leading to higher quality and greater 
quantity of work done;
    (g) Establish training facilities and services as needed;
    (h) Monitor the effectiveness with which self-development 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 section 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 President 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 excepted 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 previously 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 referred 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 designate a foreign 
government or international organization 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 amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which established the 
President's Commission on Personnel 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 Commission 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 
Executive Exchange, was revoked by Ex. Ord. No. 12760, Sec. 2, May 2, 
1991, 56 F.R. 21062, set out below.

Ex. Ord. No. 12574. Establishing Experimental Program Within President's 
                    Commission on Executive Exchange

    Ex. Ord. No. 12574, Nov. 20, 1986, 51 F.R. 42199, provided:
    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 October 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 accept voluntary 
services for the United States from private 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 participating in the 
experimental program shall be considered an employee of the agency to 
which assigned for purposes 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.

    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 Office 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, provided:
    Advances in technology and increased skills needs are changing the 
workplace at an ever increasing rate. These advances can make Federal 
employees more productive and provide improved service to our customers, 
the American taxpayers. We need to ensure that we continue to train 
Federal employees to take full advantage 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, initiatives, 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 
technology, and an advisory committee on the use of training technology, 
which also will explore options for financing 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 (5 U.S.C. App.), and in 
furtherance of the purposes of Chapter 41 of title 5, United States 
Code, the Government 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 improve 
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 representatives: 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 Agency 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 official 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 Management (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 Executive 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 training 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 development and use of high-quality training 
    opportunities;
        (3) analyze the use of technology in existing training programs 
    and policies of the Task Force member agencies to determine what 
    changes, modifications, and innovations may be necessary to advance 
    training opportunities;
        (4) in consultation with the Department of Defense and the 
    National Institute of Standards and Technology, recommend standards 
    for training software and associated services purchased by Federal 
    agencies and contractors. These standards should be consistent with 
    voluntary industry consensus-based commercial standards. Agencies, 
    where appropriate, should use these standards in procurements to 
    promote 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 instructional technologies and 
    facilitate multiagency procurement and use of training materials, 
    where appropriate;
        (7) in consultation with the General Services Administration, 
    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 existing 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 establishing a Federal 
Individual Training Account for each Federal worker for training 
relevant to his or her Federal 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 individual employee's manager. Options and 
recommendations 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 efficient training 
    opportunities possible to its employees, and a set of performance 
    measures of the quality and availability of training opportunities 
    possible to its employees. Such measures should be, where 
    appropriate, based on outcomes related to performance rather than 
    time allocation;
        (2) identify the resources necessary to achieve the 
    aforementioned goals and performance measures articulated in its 
    annual performance plan;
        (3) and, where practicable, use the standards recommended by the 
    Task Force and published by the Office of Personnel Management for 
    purchasing training software and associated services; and
        (4) subject to the availability of appropriations, post training 
    courses, information, and other learning opportunities on the 
    Department of Labor's America's Learning Exchange (ALX), or other 
    appropriate information dissemination vehicles as determined 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, coordinating 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 Department 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 dissemination 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 foster 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 resource center 
    to support Federal agencies using training technology and to 
    facilitate the development 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 participation 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 training 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.
    Sec. 5. Establishment of Advisory Committee on Expanding Training 
Opportunities.
    The Advisory Committee on Expanding Training Opportunities 
(Committee) is established. The Committee shall consist of not more that 
20 members appointed by the President from outside the Federal 
Government, including representatives of the research, education, labor, 
and training communities, information technology sector, and 
representatives from other critical sectors. The President shall 
designate Co-Chairs from among the members of the Committee.
    Sec. 6. Functions of the Advisory Committee. The Committee shall 
provide the President, through the Assistant to the President for 
Economic Policy and the Assistant to the President for Science and 
Technology (Assistants to the President), with: (a) an independent 
assessment of:
        (1) progress made by the Federal Government in its use and 
    integration of technology in training programs, particularly in the 
    use of voluntary industry consensus-based commercial standards for 
    training software and associated services;
        (2) how Federal Government programs, initiatives, and policies 
    can encourage or accelerate training technology to provide more 
    accessible, more timely, and more cost-effective training 
    opportunities for all Americans;
        (3) mechanisms for the Federal Government to encourage private 
    sector investment in the development of high-quality instructional 
    software and wider deployment and utilization of technology-mediated 
    instruction so that all Americans may take advantage of the 
    opportunities provided by learning technology; and
        (4) the appropriate Federal Government role in research and 
    development for learning technologies and their applications in 
    order to develop high-quality training and education opportunities 
    for all Americans;
    (b) an analysis of options for helping adult Americans finance the 
training and post-secondary education needed to upgrade skills and gain 
new knowledge. Options for financial mechanisms may include grants, tax 
incentives, low-interest loans, or other vehicles to make training and 
post-secondary education accessible to adults throughout their 
lifetimes; and
    (c) advice on other issues regarding emerging technologies in 
government training and financing training and post-secondary education 
for adult Americans as specified by the Assistants to the President.
    Sec. 7. Administration of the Advisory Committee. (a) To the extent 
permitted by law and subject to the availability of appropriations, the 
Office of Personnel Management shall provide the financial and 
administrative support for the Committee.
    (b) The heads of Executive agencies shall, to the extent permitted 
by law, provide to the Committee such information as it may require for 
the purpose of carrying out its functions.
    (c) The Committee Co-Chairs may, from time to time, invite experts 
to submit information to the Committee and may form subcommittees or 
working groups within the Committee to review specific issues.
    (d) Members of the Committee shall serve without compensation but 
shall be allowed travel expenses, including per diem instead of 
subsistence, as authorized by law for persons serving intermittently in 
the Government service (5 U.S.C. 5701-5707).
    (e) Notwithstanding any other Executive order, the functions of the 
President under the Federal Advisory Committee Act, as amended, that are 
applicable to the Committee, except that of reporting to the Congress, 
shall be performed by the Office of Personnel Management in accordance 
with guidelines that have been issued by the Administrator of General 
Services.
    (f) The Committee shall terminate on January 11, 2003[,] unless 
extended by the President prior to such date.
    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, manipulation, 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 resources. For purposes of the preceding sentence, equipment 
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 agency 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 Federal contract.
    Sec. 9. Judicial Review. This order does not create any enforceable 
rights against the United States, its agencies, its officers, or any 
person.
                                                     William J. Clinton.
