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5 U.S.C. § 4102 — Exceptions; Presidential authority

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 218 words · no verdicts yet

in plain englishAI-generated · not legal advice

This chapter generally does not cover certain organizations, services, and individuals. The President may make or withdraw additional exceptions, subject to a limit protecting certain Office of Personnel Management responsibilities.

(a) (1) This chapter does not apply to—
(A) a corporation supervised by the Farm Credit Administration when private interests elect or appoint a board member;
(B) the Tennessee Valley Authority; or
(C) an individual who is a member of a uniformed service while entitled to pay under 37 U.S.C. § 204, except a commissioned officer of the National Oceanic and Atmospheric Administration.

(a) (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 President specifically designates that individual for training under this chapter.

(b) When the President believes it is in the public interest, the President may—
(1) exempt an agency, part of an agency, employee, group, or class of employees from this chapter or one of its provisions, other than this section; and
(2) withdraw an exception made under this subsection.

But the President may not exempt the Office of Personnel Management from a provision that gives the Office, or requires it to perform, a function, duty, or responsibility concerning any matter other than establishing, operating, and maintaining training programs and plans for its own employees in the same way other agencies do.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-554 · 80 Stat. 433
  • 1967Amended · Pub. L. 90-83 · 81 Stat. 196
  • 1975Amended · Pub. L. 94-183 · 89 Stat. 1057
  • 1978Amended · Pub. L. 95-454 · 92 Stat. 1224
  • 1979Amended · Pub. L. 96-54 · 93 Stat. 382

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.

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