$Unique_ID{USH01057} $Pretitle{100} $Title{Presidential Proclamations & Executive Orders Chapter 5C Federal Civilian Personnel} $Subtitle{} $Author{National Archives and Records Administration} $Affiliation{National Archives} $Subject{sec section order service executive agency president act office cfr} $Volume{} $Date{1989} $Log{} Book: Presidential Proclamations & Executive Orders Author: National Archives and Records Administration Affiliation: National Archives Date: 1989 Chapter 5C Federal Civilian Personnel Executive Order 10982 - Administration of the act of September 26, 1961, relating to evacuation payments, assignments, and allotments, and other matters SOURCE: The provisions of Executive Order 10982 of Dec. 25, 1961, appear at 27 FR 3, 3 CFR, 1959-1963 Comp., p. 502, unless otherwise noted. By virtue of the authority vested in me by the act of September 26, 1961 (75 Stat. 662), and by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1. As used in this order: (a) The term "the act" means the act of September 26, 1961 (Public Law 87-304), 75 Stat. 662. (b) The term "Federal agency" means any executive department of the Government of the United States of America, any agency or independent establishment in the executive branch of the Government, and any corporation wholly owned or controlled by the Government. (c) The term "foreign area" means any area (including the Trust Territory of the Pacific Islands) situated outside (1) the United States (including the District of Columbia), (2) the Commonwealth of Puerto Rico, (3) the Canal Zone, and (4) any territory or possession of the United States. SEC. 2. (a) Except as otherwise provided by section 2(b) and section 3(c) of this order, the Secretary of State in respect of civilian employees of Federal agencies who are located in foreign areas immediately prior to an emergency evacuation, and the Office of Personnel Management in respect of all other civilian employees of Federal agencies, are hereby designated and empowered, without the approval, ratification, or other action of the President, to perform the functions conferred upon the President by section 3(a), section 3(b), and section 6(a) of the act. (b) The Office of Personnel Management is hereby designated and empowered, without the approval, ratification, or other action of the President, to perform the functions conferred upon the President by the provisions of section 6 of the act with respect to allotments and assignments authorized by section 5 of the act. [Sec. 2 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 3. The following regulations are hereby prescribed as necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the administration of the act: (a) To the maximum extent practicable, the Secretary of State, the Office of Personnel Management, and the heads of other Federal agencies shall exercise their authority under the act and this order so that employees of different Federal agencies evacuated from the same geographic area under the same general circumstances may be treated uniformly. (b) Advance payments of compensation, allowances, and differentials, as authorized by section 2 of the act, shall be held to the minimum period during which the order for evacuation is anticipated to continue, and shall in no event be made for a period of more than thirty days. (c) It is hereby determined to be in the interest of the United States that payments of monetary amounts as authorized by section 3 of the act to and for the account of an employee whose evacuation is ordered and who is prevented from performing the duties of his position, under the circumstances set forth in section 3 of the act, should be extended beyond sixty days for not more than one hundred and twenty additional days only upon determination, pursuant to regulations of the head of the Federal agency concerned, that such additional payments are reasonably necessary to maintain a civilian staff available for performance of duty. Such payments of monetary amounts under the authority of section 3 of the act shall be terminated as of such dates as may be determined by the Secretary of State or the Office of Personnel Management, as appropriate, but not later than the date on which an employee resumes his duties at the post from which he has been evacuated or is assigned to another position. [Sec. 3 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 4. (a) The head of each Federal agency shall issue as soon as practicable such regulations as may be necessary and appropriate to carry out his functions under the act and this order. (b) In order to coordinate the policies and procedures of the executive branch of the Government, all regulations of any Federal agency prepared for issuance under the provisions of section 6(c) of the act and section 4(a) of this order shall be submitted for prior approval to the Secretary of State, or to the Office of Personnel Management, as may be appropriate, under section 2 of this order. The Secretary of State and the Office of Personnel Management shall review such regulations for conformance with the purpose and intent of the act and of the regulations contained in section 3 of this order. No Federal agency shall make any payment under the provisions of the act or this order until such regulations have been approved by the Secretary of State, or the Office of Personnel Management, as appropriate. [Sec. 4 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] Executive Order 11103 - Providing for the appointment of former Peace Corps volunteers to the civilian career services SOURCE: The provisions of Executive Order 11103 of Apr. 10, 1963, appear at 28 FR 3571, 3 CFR, 1959-1963 Comp., p. 762, unless otherwise noted. By virtue of the authority vested in me by the Civil Service Act (22 Stat. 403), and section 1753 of the Revised Statutes, and as President of the United States, it is hereby ordered as follows: SECTION 1. Under such regulations as the Office of Personnel Management may prescribe, the head of any agency in the Executive Branch may appoint in the competitive service any person who is certified by the Director of the Peace Corps as having served satisfactorily as a Volunteer or Volunteer Leader under the Peace Corps Act and who passes such examination as the Office of Personnel Management may prescribe. Any person so appointed shall, upon completion of the prescribed probationary period, acquire a competitive status. [Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 2. The head of any agency in the Executive Branch having an established merit system in the excepted service may appoint in such service any person who is certified by the Director of the Peace Corps as having served satisfactorily as a Volunteer or Volunteer Leader under the Peace Corps Act and who passes such examination as such agency head may prescribe. SEC. 3. Certificates of satisfactory service for the purposes of this Order shall be issued only to persons who have completed a full term of service (approximately two years) under the Peace Corps Act: Provided, That such certificates may be issued to persons who have completed a lesser period of satisfactory service if, in the judgment of the Director of the Peace Corps, (1) their service was of sufficient duration to demonstrate their capability to complete satisfactorily a full term, and (2) their failure to complete a full term was due to circumstances beyond their control. SEC. 4. Any appointment under this Order shall be effected within a period of one year after completion of the appointee's service under the Peace Corps Act: Provided, That such period may be extended to not more than three years in the case of persons who, following such service, are engaged in military service, in the pursuit of studies at a recognized institution of higher learning, or in other activities which, in the view of the appointing authority, warrant an extension of such period. SEC. 5. Any law, Executive Order, or regulation which would disqualify an applicant for appointment in the competitive service or in the excepted service concerned shall also disqualify an applicant for appointment under this Order. Executive Order 11183 - Establishing the President's Commission on White House Fellowships SOURCE: The provisions of Executive Order 11183 of Oct. 3, 1964, appear at 29 FR 13633, 3 CFR, 1964-1965 Comp., p. 256, unless otherwise noted. WHEREAS it is in the national interest that our future leaders in all walks of life have opportunities to observe at firsthand the important and challenging tasks of American Government; and WHEREAS participation in Government service early in their careers will help persons with high qualifications to become well-informed and public-spirited citizens; and WHEREAS it is appropriate that public recognition be given to persons of exceptional promise who are willing to devote their time to increasing their understanding of the public business: [Preamble amended by EO 12012 of Oct. 3, 1977, 42 FR 54249, 3 CFR, 1977 Comp., p. 146] NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. Establishment of Commission. (a) There is hereby established the President's Commission on White House Fellowships, hereinafter referred to as the Commission. The Commission shall consist of such outstanding citizens from the fields of public affairs, education, the sciences, the professions, other fields of private endeavor, and the Government service, as the President may from time to time appoint. One of the members shall be designated by the President to serve as Chairman of the Commission. (b) Members of the Commission shall serve at the pleasure of the President. Federal officials shall receive no additional compensation by reason of their service on the Commission. Members appointed to the Commission from private life shall serve without compensation. [Sec. 1 amended by EO 11410 of May 6, 1968, 33 FR 6911, 3 CFR, 1966-1970 Comp., p. 725] SEC. 2. Functions of the Commission. (a) The Commission shall prescribe such standards and procedures as may be necessary to enable it to recommend annually a group of outstanding persons from among whom the President may select White House Fellows. Following publication of these standards and procedures, the Commission may accept (1) applications from individuals, including regular members of the Armed Forces of the United States, and (2) nominations from sponsoring individuals or organizations for consideration in its recommendations. (b) The standards and procedures to be prescribed by the Commission shall be so drawn as to limit the selection of White House Fellows to persons who - (1) Have demonstrated unusual ability, high moral character, outstanding motivation, and a broad capacity for leadership; (2) Are presently early in their chosen careers and show exceptional promise of future development; (3) Are dedicated to the institutions of the United States and the values of American civilization; and (4) Are not, on the date on which they apply or at any time between the date of application and the beginning of service as a White House Fellow, employed in, or receiving any salary or wage as compensation for, the performance of a Federal function under authority of law or Executive act; except that, this exclusion shall not apply to regular members of the Army, Navy, Air Force, Marine Corps or Coast Guard, nor shall it apply to a "special Government employee" as defined in Section 202 of Title 18 of the United States Code, nor shall it apply to an independent contractor or employee thereof. (c) White House Fellows shall be recommended by the Commission and selected by the President without discrimination on the basis of sex, race, color, creed, national origin, age or political affiliation. [Sec. 2 amended by EO 11648 of Feb. 16, 1972, 37 FR 3623, 3 CFR, 1971-1975 Comp., p. 673; EO 11946 of Oct. 25, 1976, 41 FR 47219, 3 CFR, 1976 Comp., p. 158; EO 12012 of Oct. 3, 1977, 42 FR 54249, 3 CFR, 1977 Comp., p. 146] SEC. 3. White House Fellows. White House Fellows will be appointed to serve for a period to be set by the Commission, provided that such a period shall not exceed 365 days. Extensions of appointments may be granted by the Commission at any time after appointments are made, but such extensions shall not exceed 90 days. White House Fellows will begin their appointments on September 1 of the year in which they are selected, and shall be assigned to serve on the White House staff, in the Executive Office of the President, in the Office of the Vice President, in the offices of members of the Cabinet, or in the offices of such other Executive Branch officials as shall, from time to time, be designated by the President and the Commission. [Sec. 3 amended by EO 11946 of Oct. 25, 1976, 41 FR 47219, 3 CFR, 1976 Comp., p. 158; EO 12653 of Sept. 29, 1988, 53 FR 38705, 3 CFR, 1988 Comp., p. 583] SEC. 4. Executive Agencies (a) Each executive agency as defined in section 105 of title 5 of the United States Code shall extend fullest cooperation to the White House Fellows Program and attempt to maximize the Program's benefits to the individual Fellow, the Department or Agency, and the Federal Government. (b) The Office of Personnel Management shall provide the Commission with administrative services, staff support, and travel expenses as authorized by law. [Sec. 4 amended by EO 11648 of Feb. 16, 1972, 37 FR 3623, 3 CFR, 1971-1975 Comp., p. 673; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] Executive Order 11203 - Permitting certain qualified employees of the Treasury Department to be given career appointment SOURCE: The provisions of Executive Order 11203 of Mar. 12, 1965, appear at 30 FR 3417, 3 CFR, 1964-1965 Comp., p. 287, unless otherwise noted. By virtue of the authority vested in me by Section 2 of the Civil Service Act (22 Stat. 403) and Section 1753 of the Revised Statutes of the United States (5 U.S.C. 631) and as President of the United States, it is hereby ordered as follows: SECTION 1. Any employee of the Treasury Department serving under an appointment under Schedule B of the Civil Service Rules in a position concerned with the protection of the life and safety of the President, members of his immediate family, or other persons for whom similar protective services are provided by law (which responsibility is hereinafter referred to as the protective function) may have his appointment converted to a career appointment if: (1) he has completed at least three years of full-time continuous service in a position concerned with the protective function' (2) the Secretary of the Treasury, or his designee, recommends the conversion of the employee's appointment within 90 days after the employee meets the service requirements of this section, or within 90 days after the date of this Order, whichever is later; (3) he shall have passed a competitive examination appropriate for the position he is occupying or meets noncompetitive examination standards the Office of Personnel Management prescribes for his position; and (4) he meets all other requirements prescribed by the Office pursuant to Section 5 of this Order. [Sec. 1 amended by EO 12107 of Dec. 28, 1978, 41 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 2. For the purposes of Section 1 - (1) "full-time continuous service" means service without a break of more than 30 calendar days; (2) except as provided in paragraph (3) of this section, active service in the Armed Forces of the United States shall be deemed to be full-time continuous service in a position concerned with the protective function if the employee concerned shall have left a position concerned with the protective function to enter the Armed Forces and shall have been re-employed in a position concerned with the protective function within 120 days after he shall have been discharged from the Armed Forces under honorable conditions; and (3) active service in the Armed Forces shall not be deemed to be full-time continuous service in a position concerned with the protective function if such active service exceeds a total of four years plus any period of additional service imposed pursuant to law. SEC. 3. Any employee who shall have left a position concerned with the protective function to enter active service in the Armed Forces of the United States, who is re-employed in such a position within 120 days after his discharge under honorable conditions from such service, and who meets the requirements of Section 1 as the result of being credited with his period of active service in the Armed Forces pursuant to Section 2(2), may have his appointment converted if the Secretary of the Treasury, or his designee, recommends that conversion within 90 days after his re-employment. SEC. 4. Whenever the Secretary of the Treasury, or his designee, decides not to recommend conversion of the appointment of an employee under this Order or whenever the Secretary, or his designee, recommends conversion and the employee fails to qualify, the employee shall be separated by the date on which his current Schedule B appointment expires. SEC. 5. The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the purposes of this Order. [Sec. 5 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] Executive Order 11219 - Providing for the appointment in the competitive service of certain present and former officers and employees of the Foreign Service SOURCE: The provisions of Executive Order 11219 of May 6, 1965, appear at 30 FR 6381, 3 CFR, 1964-1965 Comp., p. 303, unless otherwise noted. By virtue of the authority vested in me by section 1753 of the Revised Statutes and the Civil Service Act (22 Stat. 403), and as President of the United States, it is hereby ordered as follows: SECTION 1. Under regulations and conditions prescribed by the Office of Personnel Management, a present or former member of the Foreign Service may be appointed in the competitive service if he: (a) Is qualified for the position in the competitive service; (b) Was appointed in the Foreign Service under authority of the Foreign Service Act of 1946, as amended, the Foreign Service Act of 1980, or legislation that supplements or replaces the latter Act; (c) Served in the Foreign Service under an unlimited, career-type appointment and, immediately before his separation from that appointment, he completed at least one year of continuous service under one or more nontemporary appointments in the Foreign Service which may include the service that made him eligible for his career-type appointment; and (d) Is appointed within 3 years after his separation from the Foreign Service, or he completed at least 3 years of substantially continuous service under one or more nontemporary appointments in the Foreign Service immediately before his separation from the unlimited, career-type appointment in that Service which may include the service that made him eligible for such appointment, or he is entitled to preference under section 2 of the Veterans' Preference Act of 1944, as amended. [Sec. 1 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264; EO 12292 of Feb. 23, 1981, 46 FR 13967, 3 CFR, 1981 Comp., p. 134] SEC. 2. (a) Except as provided in paragraph (b) of this section, a person appointed under Section 1 of this Order becomes a career conditional employee. (b) A person appointed under Section 1 of this Order becomes a career employee when he: (1) Has completed at least 3 years of substantially continuous service under one or more nontemporary appointments in the Foreign Service immediately before his separation from the unlimited, career-type appointment in that Service which may include the service that made him eligible for such appointment; (2) Is appointed to a position in the competitive service required by law or Executive order to be filled on a permanent or career basis; or (3) Has completed the service requirement for career tenure in the competitive service. For the purpose of subparagraph (3) of this paragraph, service in the Foreign Service is creditable in meeting the service requirement only if the person concerned is appointed to a nontemporary position in the competitive service under Section 1 of this Order within 30 days after his separation from the Foreign Service. SEC. 3. A person appointed to a nontemporary position in the competitive service under Section 1 of this Order acquires a competitive status automatically on appointment. SEC. 4. Any law, Executive order, or regulation that would disqualify an applicant for appointment in the competitive service shall also disqualify a person for appointment under Section 1 of this Order. SEC. 5. For the purpose of this Order, a person is deemed to be a member of the "Foreign Service" if he was appointed in any agency under authority of the Foreign Service Act of 1946, as amended, the Foreign Service Act of 1980, or legislation that supplements or replaces the latter Act. [Sec. 5 amended by EO 12292 of Feb. 23, 1981, 46 FR 13967, 3 CFR, 1981 Comp., p. 134] Executive Order 11222 - Prescribing standards of ethical conduct for Government officers and employees SOURCE: The provisions of Executive Order 11222 of May 8, 1965, appear at 30 FR 6469, 3 CFR, 1964-1965 Comp., p. 306, unless otherwise noted. By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 101. Where government is based on the consent of the governed, every citizen is entitled to have complete confidence in the integrity of his government. Each individual officer, employee, or adviser of government must help to earn and must honor that trust by his own integrity and conduct in all official actions. Part II - Standards of Conduct SEC. 201. (a) Except in accordance with regulations issued pursuant to subsection of this section, no employee shall solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from any person, coloration, or group which - (1) has, or is seeking to obtain, contractual or other business or financial relationships with his agency; (2) conducts operations or activities which are regulated by his agency; or (3) has interests which may be substantially affected by the performance or nonperformance of his official duty. (b) Agency heads are authorized to issue regulations, coordinated and approved by the Office of Personnel Management, implementing the provisions of subsection (a) of this section and to provide for such exceptions therein as may be necessary and appropriate in view of the nature of their agency's work and the duties and responsibilities of their employees. For example, it may be appropriate to provide exceptions (1) governing obvious family or personal relationships where the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors - the clearest illustration being the parents, children or spouses of federal employees; (2) permitting acceptance of food and refreshments available in the ordinary course of a luncheon or dinner or other meeting or on inspection tours where an employee may properly be in attendance; or (3) permitting acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans. This section shall be effective upon issuance of such regulations. (c) It is the intent of this section that employees avoid any action, whether or not specifically prohibited by subsection (a), which might result in, or create the appearance of - (1) using public office for private gain; (2) giving preferential treatment to any organization or person; (3) impeding government efficiency or economy; (4) losing complete independence or impartiality of action; (5) making a government decision outside official channels; or (6) affecting adversely the confidence of the public in the integrity of the Government. [Sec. 201 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 202. An employee shall not engage in any outside employment, including teaching, lecturing, or writing, which might result in a conflict, or an apparent conflict, between the private interests of the employee and his official government duties and responsibilities, although such teaching, lecturing, and writing by employees are generally to be encouraged so long as the laws, the provisions of this order, and Office of Personnel Management and agency regulations covering conflict of interest and outside employment are observed. [Sec. 202 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 2641 SEC. 203. Employees may not (a) have direct or indirect financial interests that conflict substantially, or appear to conflict substantially, with their responsibilities and duties as Federal employees, or (b) engage in, directly or indirectly, financial transactions as a result of, or primarily relying upon, information obtained through their employment. Aside from these restrictions, employees are free to engage in lawful financial transactions to the same extent as private citizens. Agencies may, however, further restrict such transactions in the light of the special circumstances of their individual missions. SEC. 204. An employee shall not use Federal property of any kind for other than officially approved activities. He must protect and conserve all Federal property, including equipment and supplies, entrusted or issued to him. SEC. 205. An employee shall not directly or indirectly make use of or permit others to make use of, for the purpose of furthering a private interest, official information not made available to the general public. SEC. 206. An employee is expected to meet all just financial obligations, especially those - such as Federal, State, or local taxes - which are imposed by law. Part III - Standards of Ethical Conduct for Special Government Employees SEC. 301. This part applies to all "special Government employees" as defined in Section 202 of Title 18 of the United States Code, who are employed in the Executive Branch. SEC. 302. A consultant, adviser or other special Government employee must refrain from any use of his public office which is motivated by, or gives the appearance of being motivated by, the desire for private gain for himself or other persons including particularly those with whom he has family, business, or financial ties. SEC. 303. A consultant, adviser, or other special Government employee shall not use any inside information obtained as a result of his government service for private personal gain, either by direct action on his part or by counsel, recommendations or suggestions to others, including particularly those with whom he has family, business, or financial ties. SEC. 304. An adviser, consultant, or other special Government employee shall not use his position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to him or persons with whom he has family, business, or financial ties. SEC. 305. An adviser, consultant, or other special Government employee shall not receive or solicit from persons having business with his agency anything of value as a gift, gratuity, loan or favor for himself or persons with whom he has family, business, or financial ties while employed by the government or in connection with his work with the government. SEC. 306. [Revoked] [Sec. 306 revoked by EO 12565 of Sept. 25, 1986, 51 FR 34437, 3 CFR, 1986 Comp., p. 229] Part IV - Reporting of Financial Interests SEC. 401. Policy. In order to maintain public confidence in the integrity of the Government and to preserve and promote ethical standards, a system of non-public (confidential) financial reporting shall be established for officers and employees of the Executive Branch. Such nonpublic (confidential) reporting shall complement the public financial disclosure system established by title II of the Ethics in Government Act of 1978, as amended. SEC. 402. Definition. For purposes of this Part, the term (a) The "Act" refers to the Ethics in Government Act of 1978, as amended. (b) "Employee" means any officer or employee of an agency, including a special Government employee (as defined in 18 U.S.C. sec. 202(a)). (c) "Executive Branch" includes each Executive agency (as defined in 5 U.S.C. sec. 105) and any other entity or administrative unit in the Executive Branch unless such agency, entity or unit is specifically included in the coverage of title I or III of the Act. SEC. 403. Comprehensive System of Financial Reporting. There shall be a comprehensive system of financial reporting for employees in the Executive Branch pursuant to title II of the Act. Such comprehensive system shall require - (a) Reports subject to public disclosure by those employees whose positions are covered under section 201 of the Act; and (b) Non-public (confidential) reports by those employees whose positions have been designated for this purpose pursuant to section 404 of this Part. These reports shall be held in confidence as required by section 207 of the Act and as authorized by the Freedom of Information Act at 5 U.S.C. sec. 552(b) (3), (4) and (6). Any disclosure of the reports must satisfy the terms of the Privacy Act at 5 U.S.C. sec. 552a. SEC. 404. The Office of Government Ethics. Notwithstanding any other provision of this Order, the Office of Government Ethics shall be responsible for administering this part by - (a) Developing, in consultation with the Attorney General and the Office of Personnel Management, regulations setting forth (1) criteria for the guidance of agencies of the Executive Branch in designating the positions for which non-public (confidential) reports will be required and the type of information to be obtained in such reports in light of applicable conflict of interest statutes and regulations and the authorized activities of each agency; and (2) the time and place for submission of such reports; (b) Assuring that each agency of the Executive Branch designates its respective positions for which non-public reports will be required from employees holding such positions; and (c) Assuring that implementing regulations issued by the agencies of the Executive Branch are properly administered." [Former secs. 401-406 revoked and sees. 401-404 added by EO 12565 of Sept. 25, 1986, 51 FR 34437, 3 CFR, 1986 Comp., p. 229] Part V - Delegating Authority of the President under Sections 205 and 208 of Title 18 of the United States Code Relating to Conflicts of Interest SEC. 501. As used in this part, "department" means an executive department, agency means an independent agency or establishment or a Government corporation, and "head of an agency" means, in the case of an agency headed by more than one person, the chairman or comparable member of such agency. SEC. 502. There is delegated, in accordance with and to the extent prescribed in Sections 503 and 504 of this part, the authority of the President under Sections 205 and 208(b) of Title 18, United States Code, to permit certain actions by an officer or employee of the Government, including a special Government employee, for appointment to whose position the President is responsible. SEC. 503. Insofar as the authority of the President referred to in Section 502 extends to any appointee of the President subordinate to or subject to the chairmanship of the head of a department or agency, it is delegated to such department or agency head. SEC. 504. Insofar as the authority of the President referred to in Section 502 extends to an appointee of the President who is within or attached to a department or agency for purposes of administration, it is delegated to the head of such department or agency. SEC. 505. Notwithstanding any provision of the preceding sections of this part to the contrary, this part does not include a delegation of the authority of the President referred to in Section 502 insofar as it extends to: (a) The head of any department or agency in the Executive Branch; (b) Presidential appointees in the Executive Office of the President who are not subordinate to the head of an agency in that Office; and (c) Presidential appointees to committees, boards, commissions, or similar groups established by the President. Part VI - Providing for the Performance by the Office of Personnel Management of Certain Authority Vested in the President by Section 1753 of the Revised Statutes SEC. 601. The Office of Personnel Management is designated and empowered to perform, without the approval, ratification, or other action of the President, so much of the authority vested in the President by Section 1753 of the Revised Statutes of the United States (5 U.S.C. 631) as relates to establishing regulations for the conduct of persons in the civil service. [Title and sec. 601 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 602. Regulations issued under the authority of Section 601 shall be consistent with the standards of ethical conduct provided elsewhere in this order. Part VII - General Provisions SEC. 701. The Office of Personnel Management is authorized and directed, in addition to responsibilities assigned elsewhere in this order: (a) To issue appropriate regulations and instructions implementing Parts II, III, and IV of this order; (b) To review agency regulations from time to time for conformance with this order; and (c) To recommend to the President from time to time such revisions in this order as may appear necessary to ensure the maintenance of high ethical standards within the Executive Branch. [Sec. 701 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 702. Each agency head is hereby directed to supplement the standards provided by law, by this order, and by regulations of the Office of Personnel Management with regulations of special applicability to the particular functions and activities of his agency. Each agency head is also directed to assure (1) the widest possible distribution of regulations issued pursuant to this section, and (2) the availability of counseling for those employees who request advice or interpretation. [Sec. 702 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 703. The following are hereby revoked: (a) Executive Order No. 10939 of May 5, 1961. (b) Executive Order No. 11125 of October 29, 1963. (c) Section 2(a) of Executive Order No. 10530 of May 10, 1954. (d) White House memorandum of July 20, 1961, on "Standards of Conduct for Civilian Employees." (e) The President's Memorandum of May 2, 1963, "Preventing Conflicts of Interest on the Part of Special Government Employees." The effective date of this revocation shall be the date of issuance by the Office of Personnel Management of regulations under Section 701(a) of this order. [Sec. 703 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 704. All actions heretofore taken by the President or by his delegates in respect of the matters affected by this order and in force at the time of the issuance of this order, including any regulations prescribed or approved by the President or by his delegates in respect of such matters, shall, except as they may be inconsistent with the provisions of this order or terminate by operation of law, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this order. SEC. 705. As used in this order, and except as otherwise specifically provided herein, the term "agency" means any executive department, or any independent agency or any Government corporation; and the term "employee" means any officer or employee of an agency. SEC. 706. This Order shall be applicable to the United States Postal Service established by the Postal Reorganization Act of 1970. [Sec. 706 added by EO 11590 of Apr. 23, 1971, 36 FR 7831, 3 CFR, 1971-1975 Comp., p. 558] Executive Order 11228 - Providing for the performance by the Office of Personnel Management of certain functions vested in or subject to the approval of the President SOURCE: The provisions of Executive Order 11228 of June 14, 1965, appear at 30 FR 7739, 3 CFR, 1964-1965 Comp., p. 317, unless otherwise noted. By virtue of the authority vested in me by Section 301 of Title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows - SECTION 1. The Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following: (1) The authority vested in the Office of Personnel Management by Section 605 of the Federal Employees Pay Act of 1945, 59 Stat. 304 (5 U.S.C. 945), to issue, subject to the approval of the President, regulations necessary for the administration of certain provisions of that Act insofar as the Act affects officers and employees in or under the executive branch of the Government. (2) The authority vested in the President by Section 203(f) of the Annual and Sick Leave Act of 1951, 65 Stat. 680 (5 U.S.C. 2062(f)), to prescribe regulations governing the granting of leave of absence as described in that Section. (3) Except as to Presidential appointees, the authority vested in the President (A) by section 204 of the Act of June 30, 1932, 47 Stat. 404, to exempt from automatic separation from the service under that Section any person when, in his judgment, the public interest so requires, and (B) by Section 5(c) of the Civil Service Retirement Act, 70 Stat. 748 (5 U.S.C. 2255(c)), to exempt from automatic separation from the service under Section 5 of that, Act any employee when, in his judgment, the public interest so requires. (4) The authority vested in the President by Section 9(b)(8) of the Federal Employees Salary Act of 1965 (approved October 29, 1965) to prescribe rules and regulations excluding officers or employees from the application of Section 9 of that Act. (5) The authority vested in the President by Section 9(c) of the Federal Employees Salary Act of 1965 to prescribe rules and regulations governing severance pay. [Title and sec. 1 amended by EO 11257 of Nov. 13, 1965, 30 FR 14353, 3 CFR, 1964-1965 Comp., p. 357; EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 2. The Director of the Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by Section 304(e) of the Government Employees' Incentive Awards Act, 68 Stat. 1113 (5 U.S.C. 2123(e)), to determine the activity primarily benefiting, or the various activities benefiting, from any suggestion, invention, superior accomplishment, or other personal effort of any civilian officer or employee of the Government which constitutes the basis of any Presidential award or honorary recognition made or granted under Section 304(b) of that Act (5 U.S.C. 2123(b)). [Sec. 2 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 3. The following are hereby superseded: (1) Part II of Executive Order No. 10530 of May 10, 1954. (2) Executive Order No. 10682 of October 22, 1956. (3) Section 5 of Executive Order No. 10800 of January 15, 1959. (4) Executive Order No. 10835 of August 21, 1959. (5) So much of Section 2 of Executive Order No. 10903 of January 9, 1961, as added paragraph (e) to Section 2 of Executive Order No. 10530 of May 10, 1954. SEC. 4. (a) Unless inappropriate, references in this Order to any statute or to any provision of any statute shall be deemed to include references thereto as amended from time to time. (b) Unless inappropriate, any reference in any Executive order to any Executive order which is superseded by this Order, or to any Executive order provision so superseded, shall hereafter be deemed to refer to this Order or to the provision of Section 1 or Section 2 of this Order, if any, which corresponds to the superseded provision. SEC. 5. All actions heretofore taken by the President or by his delegates in respect of the matters affected by Sections 1 and 2 of this Order and in force at the time of the issuance of this Order, including any regulations prescribed or approved by the President or by his delegates in respect of such matters, shall, except as they may be inconsistent with the provisions of this Order, remain in effect until amended, modified, or revoked pursuant to the authority conferred by this Order unless sooner terminated by operation of law. Executive Order 11315 - Amending the Civil Service Rules to authorize an Executive Assignment System for positions in grades 16, 17, and 18 of the General Schedule SOURCE: The provisions of Executive Order 11315 of Nov. 17, 1966, appear at 31 FR 14729, 3 CFR, 1966-1970 Comp., p. 597 unless otherwise noted. WHEREAS, the increasing complexities of Government require personnel of the highest attainable qualifications who are capable of assuming and discharging efficiently major and varied duties and responsibilities in the Executive Branch in response to present and future needs; and WHEREAS, this need for high quality can best be met by the establishment of an executive assignment system for the top three grades of the General Schedule, extending and adapting merit principles in recruitment, selection, and development, combined with improvements in the identification, assignment and utilization of key personnel: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States, by 5 U.S.C. 3301 and 3302, and as President of the United States, it is ordered as follows: Part I. Civil Service Rules Part II. Special Provisions for Transition to the Full Establishment of Executive Assignments under Rule IX SEC. 3. Effective dates This order, except section 1, is effective upon filing for publication in the FEDERAL REGISTER. Section 1 of this order is effective not later than one year from the date of this order, or at such earlier dates as the Office of Personnel Management may specify for individual agencies or positions. [Sec. 3 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 4. Interim appointments After the date of this order and before Civil Service Rule IX has become effective as to a position, an appointing officer may fill the position in accordance with the appointment system in effect on the day of the appointment. SEC. 5. Conversion of incumbents On the day Civil Service Rule IX becomes effective as to a position, the appointment of the incumbent of that position shall be changed as follows: (a) If he is serving under a career or career-conditional appointment in the competitive service, he shall be converted to a Career Executive Assignment; (b) If he is serving in the excepted service under a nontemporary appointment, he shall be converted to a Noncareer Executive Assignment; (c) If he is serving in the competitive service under an indefinite or temporary appointment without definite time limit and: (1) if he has served under this type of appointment for at least five years, he shall be: (i) converted to a Career Executive Assignment, or appointed to a continuing position in the competitive service in grade GS-15, or below; (ii) converted to a Noncareer Executive Assignment; or (iii) separated from the service; or (2) if he has served under this type of appointment for less than five years, he shall be: (i) converted to a Noncareer Executive Assignment; (ii) separated from the service; or (iii) allowed to continue to serve until he has served five years, at which time the appointing officer shall take one of the actions provided for in subparagraph (1) of this paragraph. An incumbent who is serving under any other type of appointment shall continue under that appointment until it is terminated. Part III. Administration SEC. 6. Office responsibilities The Office of Personnel Management is responsible to the President for the effective implementation and administration of the executive assignment system established by this Order. The Office shall continuously review operations under this system, shall recommend promptly to the President any changes that are necessary to improve this system, and shall report periodically to the President any significant developments in the operation of the system. The Office shall recommend to the President a program of special honors and awards for the recognition of persons assigned to Career Executive Assignments and a program for the development and training of persons assigned to Career Executive Assignments. The training program shall include the establishment of special training and educational facilities, and provide for the relevant use of outside training facilities. [Sec. 6 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 7. Responsibilities of the agencies. The head of each agency in which there are positions covered by Civil Service Rule IX shall periodically review with the Office of Personnel Management his plans for staffing. The head of a newly established agency shall initially review with the Office his plans for staffing as soon as practicable after the establishment of the agency. The head of each agency shall cooperate fully with the Office in the establishment of special facilities and special boards and panels that are required under Civil Service Rule IX as a means of recruiting persons of the highest quality. [Sec. 7 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] SEC. 8. Regulations. The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the purpose and intent of this Order. [Sec. 8 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] Executive Order 11348 - Providing for the further training of Government employees SOURCE: The provisions of Executive Order 11348 of Apr. 20, 1967, appear at 32 FR 6335, 3 CFR, 1966-1970 Comp., p. 639, unless otherwise noted. 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 the 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. [Sec. 103 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] 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. [Part title and sec. 201 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] 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. [Sec. 202 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] 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. 302 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] 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 man-hours 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; (i) Establish criteria for the selection of employees for training; and 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. [Sec. 303 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] 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. 401 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264] 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 every three years. Part V - Revocation of Prior Order SEC. 501. Executive Order No. 10800 of January 15, 1959, is hereby revoked.