5 USC § 4102 - Exceptions; Presidential authority
(a)
(b)
The President, at any time in the public interest, may—
(1)
except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and
However, the President may not except the Office of Personnel Management from a provision of this chapter which vests in or imposes on the Office a function, duty, or responsibility concerning any matter except the establishment, operation, and maintenance, in the same capacity as other agencies, of training programs and plans for its employees.
(a)
(b)
The President, at any time in the public interest, may—
(1)
except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and
However, the President may not except the Office of Personnel Management from a provision of this chapter which vests in or imposes on the Office a function, duty, or responsibility concerning any matter except the establishment, operation, and maintenance, in the same capacity as other agencies, of training programs and plans for its employees.
Source
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 433; Pub. L. 90–83, § 1(4),Sept. 11, 1967, 81 Stat. 196; Pub. L. 94–183, § 2(11),Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–454, title IX, § 906(a)(2),Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(15), (19),Aug. 14, 1979, 93 Stat. 382.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 2303. | July 7, 1958, Pub. L. 85–507, § 4, 72 Stat. 329. | |
| May 26, 1959, Pub. L. 86–33, 73 Stat. 62. | ||
| Aug. 2, 1962, Pub. L. 87–566, 76 Stat. 264. |
In subsection (a)(1), the exception for the President and Vice President is omitted as surplusage as these elected officers are not employed in or under an agency and thus are not included in the definition of “employee” in section
4101
(2).
In subsection (a)(1)(C), the words “as defined by section
231(a) of Title
37” are omitted as unnecessary in view of the definition of “uniformed services” in section
2101
(b). The words “section
204 of title
37” are substituted for “sections
232–234,
235,
236,
237,
238, and
239 of Title
37” on authority of section 12(b) of the Act of Sept. 7, 1962, Pub. L. 87–649, 76 Stat. 497.
In subsection (a)(2)(B), the words “by the President” are coextensive with and substituted for “by the President by and with the advice and consent of the Senate or by the President alone”.
In subsection (b)(1), reference to “section
21, andsection
22” is omitted as unnecessary since the sections are not carried into this title, but are scheduled for repeal, see Table II.
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
1979—Subsec. (a)(1)(C). Pub. L. 96–54, § 2(a)(19), substituted “National Oceanic and Atmospheric” for “Environmental Science Services”.
Subsec. (b). Pub. L. 96–54, § 2(a)(15), substituted “Office” for “Commission”.
1978—Subsec. (b). Pub. L. 95–454substituted “Office of Personnel Management” for “Civil Service Commission”.
1975—Subsec. (a)(2)(B). Pub. L. 94–183struck out “(except a Postmaster)” after “an individual appointed by the President”.
1967—Subsec. (a)(1)(C). Pub. L. 90–83substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey.” See Historical and Revision Notes under section
2101 of this title.
Effective Date of 1979 Amendment
Amendments by Pub. L. 96–54effective July 12, 1979, see section 2(b) ofPub. L. 96–54, set out as a note under section
305 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–454effective 90 days after Oct. 13, 1978, see section 907 ofPub. L. 95–454, set out as a note under section
1101 of this title.
Delegation of Functions
Functions of President under subsec. (b)(1) of this section delegated to Office of Personnel Management, see section 401(a) of Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note under section
4103 of this title.
Ex. Ord. No. 10805. Central Intelligence Agency
Section 1. The Central Intelligence Agency is hereby designated as excepted from the following-described provisions of the Government Employees Training Act [this chapter and section
1308 of this title]:
(a) Section
2(4),
6,
9(b)(1),
11,
12,
15,
16, and
18 [sections
4117,
4118,
4105
(b)(1),
4108,
4106,
4114,
4115, and
1308
(a)(4)(A)–(C), (b) and 4113(b) respectively of this title].
(c) That part of section
7 [section
4103
(1) of this title] which reads “shall conform, on or after the effective date of the regulations prescribed by the Commission under section 6 of this Act [section
4118 of this title], to the principles, standards, and related requirements contained in such regulations then current,”.
(d) That part of section
10 [section
4109
(a) of this title] which reads “in accordance with regulations issued by the Commission under authority of section
6(a)(8) [section
4118
(a)(8) of this title].”
Sec. 2. Section 2 of Executive Order No. 10800, of January 15, 1959, is hereby amended by deleting the reference to “section
5” and the reference to “section
5(b)” and by inserting in lieu thereof “section
4” and “section
4(b)”, respectively.
Executive Order No. 11531
Ex. Ord. No. 11531, May 26, 1970, 35 F.R. 8337, which related to the delegation of Presidential authority to designate United States Marshals and United States Attorneys for training, was superseded by Ex. Ord. No. 11895, Jan. 6, 1976, 41 F.R. 1465, set out below.
Ex. Ord. No. 11895. Delegation of Presidential Authority To Designate Individuals Appointed by the President To Receive Training
Ex. Ord. No. 11895, Jan. 6, 1976, 41 F.R. 1465, 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 as President of the United States, it is hereby ordered as follows:
Section 1. Except as provided in Section 2 of this Order, the Office of Personnel Management is hereby designated and empowered to exercise the authority vested in the President by Section
4102
(a)(2)(B) of Title
5, United States Code, to designate individuals appointed by the President for training under Chapter
41 of Title
5, United States Code.
Sec. 2. The Attorney General is hereby designated and empowered to exercise the authority vested in the President by Section
4102
(a)(2)(B) to designate individuals appointed by the President as United States Attorneys and United States Marshals for training under Chapter
41 of Title
5, United States Code.
Sec. 3. Executive Order No. 11531 of May 26, 1970, is hereby superseded.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Thursday, March 28, 2013
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| 5 USC | Description of Change | Session Year | Public Law | Statutes at Large |
|---|
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