Federal personnel manual system

MISSING IMAGE

Material Information

Title:
Federal personnel manual system
Portion of title:
FPM letter
Physical Description:
Book
Language:
English
Creator:
United States Civil Service Commission
United States -- Office of Personnel Management
Publisher:
United States Civil Service Commission
Place of Publication:
Washington, D.C
Frequency:
irregular
completely irregular

Subjects

Subjects / Keywords:
Personnel management -- Handbooks, manuals, etc -- United States   ( nal )
Civil service -- Handbooks, manuals, etc -- United States   ( lcsh )
Personnel management -- Handbooks, manuals, etc -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
periodical   ( marcgt )

Notes

Issuing Body:
Vols for 1979- issued by: Office of Personnel Management.
General Note:
Description based on: 410-19 (Aug. 22, 1977); title from caption.
General Note:
Latest issue consutled: 292-23 (No. 3, 1983); title from caption.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 021549616
oclc - 06727309
lccn - 2009238041
System ID:
AA00012996:00062


This item is only available as the following downloads:


Full Text
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Office of Personnel Management

Federal Personnel Manual System

FPM Letter 410- l25


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Changes in the Regulations Enforcing
the Suitability Requirements for Training
By, In., or Through Non-Government Facilities


Departments and Independent Establishments:


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Washington, D. C. 20415
August 21, 1980


The Government Employees Training Act passed in 1958 had a section (now
codified as section 4107(a)(1) and (2) of title 5, United States Code)
prohibiting agencies from using appropriated funds for providing training
through a non-Government facility (including individuals) which advocates the
violent overthrow of the Government or through an individual about whom a
determination has been made that there exists a reasonable doubt about his or
her loyalty. The Department of Justice maintained a list of all organizations
it found to be engaged in subversive activities known as the Attorney General's
list. This list was used by agencies to determine whether an organization was
suitable for use as a source of training. When the Attorney General's list
became inoperative, FPM material was changed .to eliminate an obsolete reference
to the list as.part of a general revision. Deletion of an obsolete reference
in the regulations to the Attorney General's list was deferred until the next
general revision of the regulations. Individuals are checked by the Office of
Personnel Management and must also sign an affidavit of loyalty. The
constitutionality of that affidavit is questionable as a result of a court
decision.


2. The new.regulation (attachment 1) eliminates an obsolete reference to checking
the Attorney General's list for organizations. For individuals it will no
longer be necessary to (a) request a clearance from the Office of Personnel
Management and (b) administer a loyalty affidavit.

3. The new regulation allows the agency to establish whatever procedures it finds
*4 necessary and efficient to assure that appropriated funds are not used for:
(a) training by, in, or through a non-Government facility (including
individuals) that advocates the overthrow of the Government by force or
violence; and (b) training through an individual about whom there exists a
reasonable doubt of his or her loyalty to the United States.

4. The changes in the Federal Personnel Manual chapter 410 (attachment 2) suggest
an appropriate administrative procedure.



Jule M. Sugarman
Deputy Director % d

Attachments SEP 17


hIquiries: (202) 653-6171

Code '410, Training

Distribution: IPM


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Published in advance
of incorporation in FPM
Chapter 410
RETAH IMTL SUMafSEDD


FPM Letter 410-25


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Attachment 1 to FPM Ltr. 410- 25


FEDERAL PERSONNEL MANUAL SUPPLEMENT 990-1 BOOK III


PART 410. TRAINING

(Pertinent provisions of part 410 of the regulations are shown in the
right-hand column. Material deleted from these provisions is bracketed.
New material--appearing in left-hand column-is inserted where indicated.)


PART 410. TRAINING


The head of the agency shall make
the determination th t payments
for training by, in, or through
a non-Government facility are not
in violation of section 4107(a)(1)
and (2) of title 5, United States
Code.


410.504 Prohibition of training through
non-Government facilities advocating
overthrow of the Government by force
or violence.
:-C-a) With respect to training by. in, or
through an organization, the require-
ments of section 4107(a) of title 5,
United States Code, are met if It Is as-
certained that the organization is not
included in the list of organizations
designated by the Attorney General
pursuant to section 12 of Executive
Order 10450.
(b) With respect to training conduct-
ed by an individual with whom con-
tractual or other arrangements are
made directly, the requirements of sec-
tion 4107(a) of title 5, United States
Code, are met If both of the following
conditions are met:
(1) It is ascertained that the Investi-
gative files of OPM contain no record
that a determination has been made
that a reasonable doubt exists con-
cerning the individual's loyalty to the
Government of the United States.
Search of the investigative files of
OPM shall be made before contracting
with or otherwise arranging for the
services of individuals for training.
except that in emergency situations,
the search shall be made as soon as
possible.
(2) Subject to the exceptions stated
in this subparagraph, the individual
executes an affidavit, certificate, or
express contractual warranty that he
does not teach or advocate the over-
throw of the Government of the
United States by force or violence.
This condition does not apply (I) to an
individual who performs training
under oral or other informal arrange-
ments for periods of 16 hours or less
within a single program; or (1i) to an
individual who performs training with-
out pay by the Government (whether
or not the Government provides pay-
ment or reimbursement for travel and
subsistence incident to the training










































































































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Attachment 2 to FPM Ltr. 410- 25


FEDERAL PERSONNEL MANUAL


CHAPTER 410. TRAINING

(Pertinent provisions of chapter 410 of the manual are shown in the right-
hand column. Material deleted from these provisions is bracketed. New
material-appearing in the left-hand column-is inserted where indicated.)

CHAPTER 410. TRAINING


5-2. PROHIBITED USE OF
NON-GOVERNMENT FACILITIES


(2) The head of the agency
shall make the determination that
payments for training by, in, or
through a non-Government facility
are not in violation of paragraph
(1) of this section.
(3) A method of providing a
record of the determination is to
have the authorized approving
official attach a statement to the
contract. The official could state
something to the effect that to the
best of his or her knowledge no
information had been presented
which would cause him or her to
believe that the non-Government
facility advocated the overthrow
of the Government by force or
violence and in addition, in the
case of an individual, that there
exists a reasonable doubt of his
or her loyalty to the United States.
As part of this determination,
an agency may request that the
Office of Personnel Management (OPM)
make a search of its investigative
files.
Requests for searches of the OPM's
investigative files are to be sent
to the Investigations Evaluation
Branch, OPM, Washington, D.C. 20415.


d. Suitability requirements. (1) An agency
may not spend any funds for training by, in, or
through any non-Government facility teaching
or advocating the overthrow of the Government
of the United States by force or violence, or by
or through a person about whom a proper
Government administrative or investigatory
authority has determined that there is a
reasonable doubt of his loyalty to the United
States.
- -02) For a person who performs training on
behalf of an organization, no special checks
are required. It is sufficient to determine that
his organization is eligible to provide training.
(3) For a person who contracts directly
with the Government, the requirements are met
if both of the following conditions are met:
(a) It is ascertained that the investigative
files of the Commission contain no record
that a determination las been made that
a reasonable doubt exists concerning the
person's loyalty to the Government
of the United States. Search of the in-
vestigative files of the Commission ordi-
narily must be made before contracting
with or otherwise arranging for the serv-
ices of persons for training. In emer-
gency situations, when search cannot be
made in advance, the search must be
made as soon as possible. Requests for
searches of the Commission's investiga-
tive files are to be submitted in duplicate
to the Commission's Bureau of Personnel






Attachment 2 to FPM Ltr. 410-25


Investigations, Investigative Files See- .
tion, Washington, D.C. 20415. No special
form is prescribed. Each request is t,
state the name and date of birth of the B
person concerned and indicate that it is
an inquiry under civil service regulationH,'
410.504 about whether the Commission',I
files contain a record that a determiinqiE'
tion has been made that theie exists .
reasonable doubt of the person's loyalty!*!
to the United States]

* U.S. GOVERNMENT PRINTING OFFICE: 1980- 311-539:335

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