# § 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—
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.
**(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.
---
**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.)
| Derivation | U.S. Code | Revised Statutes andStatutes 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 ” are omitted as unnecessary in view of the definition of “uniformed services” in section 2101(b). The words “” are substituted for “sections 232–234, 235, 236, 237, 238, and 239 of Title 37” on authority of , , .
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.
## Editorial Notes
### Amendments
1979—Subsec. (a)(1)(C). , substituted “National Oceanic and Atmospheric” for “Environmental Science Services”.
Subsec. (b). , substituted “Office” for “Commission”.
1978—Subsec. (b). substituted “Office of Personnel Management” for “Civil Service Commission”.
1975—Subsec. (a)(2)(B). struck out “(except a Postmaster)” after “an individual appointed by the President”.
1967—Subsec. (a)(1)(C). substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey.” See Historical and Revision Notes under .
## Statutory Notes and Related Subsidiaries
### Effective Date of 1979 Amendment
Amendments by effective , see , set out as a note under .
### Effective Date of 1978 Amendment
Amendment by effective 90 days after , see , set out as a note under .
## Executive Documents
### 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, , 32 F.R. 6335, set out as a note under .
### Ex. Ord. No. 10805. Central Intelligence Agency
Ex. Ord. No. 10805, , 24 F.R. 1301, provided:
1. The Central Intelligence Agency is hereby designated as excepted from the following-described provisions of the Government Employees Training Act [this chapter and ]:
(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 [].
(c) That part of section 7 [] which reads “shall conform, on or after the effective date of the regulations prescribed by the Commission under section 6 of this Act [], to the principles, standards, and related requirements contained in such regulations then current,”.
(d) That part of section 10 [] which reads “in accordance with regulations issued by the Commission under authority of section 6(a)(8) [].”
. 2. Section 2 of Executive Order No. 10800, of , 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, , 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, , 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, , 41 F.R. 1465, as amended by Ex. Ord. No. 12107, , 44 F.R. 1055, provided:
By virtue of the authority vested in me by of the United States Code, and as President of the United States, it is hereby ordered as follows:
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 , United States Code, to designate individuals appointed by the President for training under Chapter 41 of Title 5, United States Code.
. 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.
. 3. Executive Order No. 11531 of , is hereby superseded.