
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC4102]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                          CHAPTER 41--TRAINING
 
Sec. 4102. Exceptions; Presidential authority

    (a)(1) This chapter does not apply to--
        (A) a corporation supervised by the Farm Credit Administration 
    if private interests elect or appoint a member of the board of 
    directors;
        (B) the Tennessee Valley Authority; or
        (C) an individual (except a commissioned officer of the National 
    Oceanic and Atmospheric Administration) who is a member of a 
    uniformed service during a period in which he is entitled to pay 
    under section 204 of title 37.

    (2) This chapter (except sections 4110 and 4111) does not apply to--
        (A) the Foreign Service of the United States; or
        (B) an individual appointed by the President, unless the 
    individual is specifically designated by the President for training 
    under this chapter.

    (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
        (2) withdraw an exception made under this subsection.

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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 433; Pub. L. 90-83, Sec. 1(4), 
Sept. 11, 1967, 81 Stat. 196; Pub. L. 94-183, Sec. 2(11), Dec. 31, 1975, 
89 Stat. 1057; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 
92 Stat. 1224; Pub. L. 96-54, Sec. 2(a)(15), (19), Aug. 14, 1979, 93 
Stat. 382.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2303.                July 7, 1958, Pub. L.
                                                    85-507, Sec.  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, and section 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, Sec. 2(a)(19), substituted 
``National Oceanic and Atmospheric'' for ``Environmental Science 
Services''.
    Subsec. (b). Pub. L. 96-54, Sec. 2(a)(15), substituted ``Office'' 
for ``Commission''.
    1978--Subsec. (b). Pub. L. 95-454 substituted ``Office of Personnel 
Management'' for ``Civil Service Commission''.
    1975--Subsec. (a)(2)(B). Pub. L. 94-183 struck out ``(except a 
Postmaster)'' after ``an individual appointed by the President''.
    1967--Subsec. (a)(1)(C). Pub. L. 90-83 substituted ``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. 96-54 effective July 12, 1979, see section 
2(b) of Pub. L. 96-54, set out as a note under section 305 of this 
title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. 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

    Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, provided:
    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].
    (b) The last sentence of section 5 [section 4113(a) 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 4101, 4108 of this title.
