Federal · Title 5 — Government Organization and Employees

5 U.S.C. § 4103: Establishment of training programs

Civil

What this law says, in plain English

Federal agencies must establish employee training programs following prescribed standards, including human trafficking awareness training beginning 18 months after enactment, to help employees identify and report trafficking.

Read the full statutory text
conform to the principles, standards, and related requirements contained in the regulations prescribed under section 4118 of this title ; provide for adequate administrative control by appropriate authority; 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 provide for the encouragement of self-training by employees by means of appropriate recognition of resultant increases in proficiency, skill, and capacity. 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. the extent to which the current skills, knowledge, and abilities of the employee may be utilized in the new position; the employee’s capability to learn skills and acquire knowledge and abilities needed in the new position; and the benefits to the Government which would result from such training. evaluate each program or plan established, operated, or maintained under subsection (a) with respect to accomplishing specific performance plans and strategic goals in performing the agency mission; and modify such program or plan as needed to accomplish such plans and goals. Human trafficking is inimical to every Federal agency’s core values and inherently harmful and dehumanizing. Through the adoption of a Code of Conduct, Federal agencies hold their personnel to similar standards that are required of contractors and subcontractors of the agency under Federal law. Human trafficking is a violation of human rights and against Federal law. The United States Government seeks to deter activities that would facilitate or support trafficking in persons. beginning not later than 18 months after the date of the enactment of this Act [ Jan. 5, 2023 ], the head of every Federal agency should incorporate a module on human trafficking into its staff training requirements and menu of topics to be covered in the annual ethics training of such agency; such staff trainings should teach employees how to prevent, identify, and report trafficking in persons; Federal agencies that already provide counter trafficking-in-persons training for staff should share their curricula with agencies that do not have such curricula; the head of each agency should inform all candidates for employment about the anti-trafficking provisions in the Code of Conduct of the agency; employees of each Federal agency should sign acknowledgment of the agency’s Code of Conduct, which should be kept in the file of the employee; and a violation of the Code of Conduct should lead to disciplinary action, up to and including termination of employment. a prohibition from engaging in human trafficking while employed by the Government in a full-time or part-time capacity; a requirement that all Federal personnel, without regard to whether the person is stationed abroad, be sensitized to human trafficking and the ethical conduct requirements that prohibit the procurement of trafficking in persons; a requirement that all such personnel be equipped with the necessary knowledge and tools to prevent, recognize, report, and address human trafficking offenses through a training for new personnel and through regular refresher courses offered every 2 years; and a requirement that all such personnel report to the applicable inspector general and agency trafficking in persons point of contact any suspected cases of misconduct, waste, fraud, or abuse relating to trafficking in persons. shall be established or integrated into all applicable employee codes of conduct not later than 18 months after the date of the enactment of this Act [ Jan. 5, 2023 ]; may not replace any preexisting code of conduct that contains more robust requirements than the requirements described in subsection (c); and shall be signed by all personnel described in subsection (c) not later than 2 years after such date of enactment. the number of suspected violations reported; the number of investigations; the status and outcomes of such investigations; and any recommended actions to improve the programs and operations of such agency.” 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. 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.”

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