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grade, title, and primary duties of the position held by the em ployee; the name of the non-Government facility from which the training was received; the nature, length, and cost of the training to the Government; and the relationship of the training to official duties;

(3) the name of each employee of the agency who received a contribution or award under section 4111(a) of this title during the period covered by the report;

(4) a statement concerning the value of the training to the

agency;

(5) estimates of the extent to which economies and improved operation have resulted from the training; and

(6) such other information as the agency or the Office considers: appropriate.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437; amended Pub. L. 95–454, Oct. 13, 1978, 92 Stat. 1224.)

§ 4114. Non-Government facilities; review of training programs The Office of Personnel Management, at the time and to the extent it considers necessary, shall review the operations, activities, and related transactions of each agency in connection with each agency program, and plan thereunder, for the training of its employees by, in, and through non-Government facilities under this chapter in order to determine whether the operations, activities, and related transactions comply with the programs and plans, the provisions and purposes of this chapter, and the principles, standards, and related requirements contained in the regulations prescribed under section 4118 of this title. Each agency, on request of the Office, shall cooperate and assist in the review. If the Office finds that noncompliance exists in an agency, the Office, after consultation with the agency, shall certify to the head of the agency its recommendations for change of actions and procedures. If, after a reasonable time for placing its recommendations in effect, the Office finds that noncompliance continues to exist in the agency, the Office shall report the finding to the President for such action as he considers appropriate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.)

§ 4115. Collection of training information

The Office of Personnel Management, to the extent it considers appropriate in the public interest, may collect information concerning training programs, plans, and the methods inside and outside the Gov ernment. The Office, on request, may make the information available to an agency and to Congress. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.)

§ 4116. Training program assistance

The Office of Personnel Management, on request 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; amended Pub. L. 95-454. Oct. 13, 1978, 92 Stat. 1224.)

17. Administration

he Office of Personnel Management has the responsibility and auity for effective promotion and coordination of the training prois under this chapter and training operations thereunder. The tions, duties, and responsibilities of the Office under this chapter subject to supervision and control by the President and review by gress. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; amended Pub. L. 54, Oct. 13, 1978, 92 Stat. 1224.)

18. Regulations

.) The Office of Personnel Management, after considering the s and requirements of each agency for training its employees and r consulting with the agencies principally concerned, shall pree regulations containing the principles, standards, and related reements for the programs, and plans thereunder, for the training of loyees under this chapter, including requirements for coordination nd reasonable uniformity in the agency training programs and s. The regulations shall provide for the maintenance of necessary rmation concerning the general conduct of the training activities ach agency, and such other information as is necessary to enable President and Congress to discharge effectively their respective es and responsibilities for supervision, control, and review of these ing 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 by, in, and through non-Government facilities;

(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 provisions of this chapter.

b) In addition to the matters set forth by subsection (a) of this ion, the regulations, concerning training of employees by, in, or ough non-Government facilities, shall

(1) prescribe general policies governing the selection of a nonGovernment facility to provide training;

(2) authorize training of employees only after the head of the agency concerned determines that adequate training for employ

ees 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. (c) The Office, in accordance with this chapter, may revise, supplement, or abolish regulations prescribed under this section, and prescribe additional regulations.

(d) 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; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.)

SEC.

CHAPTER 43-PERFORMANCE APPRAISAL

4301. Definitions.

SUBCHAPTER I-GENERAL PROVISIONS

4302. Establishment of performance appraisal systems. 4303. Actions based on unacceptable performance.

4304. Responsibilities of Office of Personnel Management. 4305. Regulations.

4311.

SUBCHAPTER II-PERFORMANCE APPRAISAL IN THE SENIOR
EXECUTIVE SERVICE

Definitions.

4312. Senior Executive Service performance appraisal systems.

4313. Criteria for performance appraisals.

4314. Ratings for performance appraisals.

4315. Regulations.

SUBCHAPTER I-GENERAL PROVISIONS

$4301. Definitions

For the purpose of this subchapter

(1) "agency" means

(A) an Executive agency;

(B) the Administrative Office of the United States Courts; and

(C) the Government Printing Office;

but does not include

(i) a Government corporation;

(ii) the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, or any Executive agency or unit thereof which is designated by the President and the principal function of which is the conduct of foreign intelligence or counterintelligence activities; or (iii) the General Accounting Office;

(2) "employee" means an individual employed in or under an agency, but does not include

(A) an employee outside the United States who is paid in accordance with local native prevailing wage rates for the area in which employed;

(B) an individual in the Foreign Service of the United States;

(C) a physician, dentist, nurse, or other employee in the Department of Medicine and Surgery, Veterans' Administration whose pay is fixed under chapter 73 of title 38;

(D) an administrative law judge appointed under section 3105 of this title;

(E) an individual in the Senior Executive Service;

(F) an individual appointed by the President; or

(G) an individual occupying a position not in the competitive service excluded from coverage of this subchapter by regulations of the Office of Personnel Management; and (3) "unacceptable performance" means performance of an employee which fails to meet established performance standards in one or more critical elements of such employee's position. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1132.)

§ 4302. Establishment of performance appraisal systems (a) Each agency shall develop one or more performance appraisal systems which

(1) provide for periodic appraisals of job performance of employees;

(2) encourage employee participation in establishing performance standards; and

(3) use the results of performance appraisals as a basis for training, rewarding, reassigning, promoting, reducing in grade, retaining, and removing employees;

(b) Under regulations which the Office of Personnel Management shall prescribe, each performance appraisal system shall provide for

(1) establishing performance standards which will, to the maximum extent feasible, permit the accurate evaluation of job performance on the basis of objective criteria (which may include the extent of courtesy demonstrated to the public) related to the job in question for each employee or position under the system;

(2) as soon as practicable, but not later than October 1, 1981, with respect to initial appraisal periods, and thereafter at the beginning of each following appraisal period, communicating to each employee the performance standards and the critical elements of the employee's position;

(3) evaluating each employee during the appraisal period on such standards;

(4) recognizing and rewarding employees whose performance so warrants;

(5) assisting employees in improving unacceptable performance; and

(6) reassigning, reducing in grade, or removing employees who continue to have unacceptable performance but only after an opportunity to demonstrate acceptable performance. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1132.)

§ 4303. Actions based on unacceptable performance

(a) Subject to the provisions of this section, an agency may reduce in grade or remove an employee for unacceptable performance. (b) (1) An employee whose reduction in grade or removal is proposed under this section is entitled to

(A) 30 days' advance written notice of the proposed action which identifies

(i) specific instances of unacceptable performance by the employee on which the proposed action is based; and

(ii) the critical elements of the employee's position involved in each instance of unacceptable performance;

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