Laws: Cases and Codes : U.S. Code : Title 5 : Section 7103


   

U.S. Code as of: 01/03/05
Section 7103 - Notes
                                   SOURCE
    (Added Pub. L. 95-454, title VII, Sec. 701, Oct. 13, 1978, 92 Stat.
    1192; amended Pub. L. 96-465, title II, Sec. 2314(g), Oct. 17,
    1980, 94 Stat. 2168; Pub. L. 102-54, Sec. 13(b)(1), June 13, 1991,
    105 Stat. 274; Pub. L. 103-359, title V, Sec. 501(j), Oct. 14,
    1994, 108 Stat. 3430; Pub. L. 104-201, div. A, title XVI, Sec.
    1634(a), Sept. 23, 1996, 110 Stat. 2752; Pub. L. 105-220, title
    III, Sec. 341(e), Aug. 7, 1998, 112 Stat. 1092; Pub. L. 105-277,
    div. G, subdiv. A, title XIV, Sec. 1422(b)(1), Oct. 21, 1998, 112
    Stat. 2681-792; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
    Sec. 139], Dec. 21, 2000, 114 Stat. 2763, 2763A-235; Pub. L.
    108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
                                AMENDMENTS                            
      2004 - Subsec. (a)(3)(A). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      2000 - Subsec. (a)(3)(H). Pub. L. 106-554 added subpar. (H).
      1998 - Subsec. (a)(2)(B)(iv). Pub. L. 105-277 substituted "Agency
    for International Development" for "United States International
    Development Cooperation Agency".
      Subsec. (a)(3). Pub. L. 105-220, in introductory provisions,
    struck out "and" after "Library of Congress," and inserted "and the
    Smithsonian Institution" after "Government Printing Office,".
      1996 - Subsec. (a)(3)(F) to (H). Pub. L. 104-201 inserted "or" at
    end of subpar. (F), substituted a period for "; or" at end of
    subpar. (G), and struck out subpar. (H) which read as follows: "the
    Central Imagery Office;".
      1994 - Subsec. (a)(3)(H). Pub. L. 103-359 added subpar. (H).
      1991 - Subsec. (a)(3). Pub. L. 102-54 substituted "Department of
    Veterans Affairs" for "Veterans' Administration".
      1980 - Subsec. (a)(2)(iv). Pub. L. 96-465 struck out "the Agency
    for International Development, or" after "Department of State," and
    inserted "the United States International Development Cooperation
    Agency, the Department of Agriculture, or the Department of
    Commerce" after "Communication Agency".
                              CHANGE OF NAME                          
      International Communication Agency, referred to in subsec.
    (a)(2)(B)(iv), redesignated United States Information Agency and
    Director or any other official of International Communication
    Agency redesignated as Director or other official, as appropriate,
    of United States Information Agency by section 303 of Pub. L.
    97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note
    under section 1461 of Title 22, Foreign Relations and Intercourse.
    United States Information Agency (other than Broadcasting Board of
    Governors and International Broadcasting Bureau) abolished and
    functions transferred to Secretary of State by sections 6531 and
    6532 of Title 22.
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section
    1401 of Pub. L. 105-277, set out as an Effective Date note under
    section 6561 of Title 22, Foreign Relations and Intercourse.
                           TRANSFER OF FUNCTIONS                       
      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
          EX. ORD. NO. 12171. EXCLUSIONS FROM COVERAGE OF PROGRAM      
      Ex. Ord. No. 12171, Nov. 19, 1979, 44 F.R. 66565, as amended by
    Ex. Ord. No. 12338, Jan. 11, 1982, 47 F.R. 1369; Ex. Ord. No.
    12410, Mar. 28, 1983, 48 F.R. 13143; Ex. Ord. No. 12559, May 20,
    1986, 51 F.R. 18761; Ex. Ord. No. 12632, Mar. 23, 1988, 53 F.R.
    9852; Ex. Ord. No. 12666, Jan. 12, 1989, 54 F.R. 1921; Ex. Ord. No.
    12671, Mar. 14, 1989, 54 F.R. 11157; Ex. Ord. No. 12681, July 6,
    1989, 54 F.R. 28997; Ex. Ord. No. 12693, Sept. 29, 1989, 54 F.R.
    40629; Ex. Ord. No. 13039, Mar. 11, 1997, 62 F.R. 12529; Ex. Ord.
    No. 13252, Jan. 7, 2002, 67 F.R. 1601, provided:
      By the authority vested in me as President by the Constitution
    and statutes of the United States of America, including Section
    7103(b) of Title 5 of the United States Code, and in order to
    exempt certain agencies or subdivisions thereof from coverage of
    the Federal Labor-Management Relations Program, it is hereby
    ordered as follows:
                            1-1. DETERMINATIONS                        
      1-101. The agencies or subdivisions thereof set forth in Section
    1-2 of this Order are hereby determined to have as a primary
    function intelligence, counterintelligence, investigative, or
    national security work. It is also hereby determined that Chapter
    71 of Title 5 of the United States Code cannot be applied to those
    agencies or subdivisions in a manner consistent with national
    security requirements and considerations. The agencies or
    subdivisions thereof set forth in Section 1-2 of this Order are
    hereby excluded from coverage under Chapter 71 of Title 5 of the
    United States Code.
      1-102. Having determined that it is necessary in the interest of
    national security, the provisions of Chapter 71 of Title 5 of the
    United States Code are suspended with respect to any agency,
    installation, or activity listed in Section 1-3 of this Order.
    However, such suspension shall be applicable only to that portion
    of the agency, installation, or activity which is located outside
    the 50 States and the District of Columbia.
         EX. ORD. NO. 12391. PARTIAL SUSPENSION OF FEDERAL SERVICE
                        LABOR-MANAGEMENT RELATIONS
      Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, provided:
      By the authority vested in me as President by the Constitution
    and statutes of the United States of America, including Section
    7103(b)(2) of Title 5 and Section 301 of Title 3 of the United
    States Code, and having determined that it is necessary in the
    interest of national security to suspend certain labor-management
    relations provisions with respect to overseas activities of the
    Department of Defense, it is hereby ordered as follows:
      Section 1. Suspensions. With regard to United States citizen
    employees of the Department of Defense, including the Military
    Departments, who are employed outside the United States as defined
    in 5 U.S.C. 7103(a)(18), with the exception of those employed in
    the Republic of Panama:
      (a) The provisions of 5 U.S.C. 7105(a)(2)(D), (E), (G), and (H)
    and of 5 U.S.C. 7123(b) are suspended with respect to any matter
    which substantially impairs the implementation by the United States
    Forces of any treaty or agreement, including any minutes or
    understandings thereto, between the United States and the
    Government of the host nation;
      (b) The provisions of 5 U.S.C. 7102(2), 7114(a)(1), 7114(a)(4),
    7116(a)(5), and 7117(c) are suspended with respect to any matter
    proposed for bargaining which would substantially impair the
    implementation by the United States Forces of any treaty or
    agreement, including any minutes or understandings thereto, between
    the United States and the Government of the host nation;
      (c) The provisions of 5 U.S.C. 7116(a)(7) and 7117(b) are
    suspended with regard to any regulation governing the
    implementation by the United States Forces of any treaty or
    agreement, including any minutes or understandings thereto, between
    the United States and the Government of the host nations; and
      (d) The provisions of 5 U.S.C. 7121(b)(3)(C) are suspended with
    respect to any grievance involving the implementation by the United
    States Forces of any treaty or agreement, including any minutes or
    understandings thereto, between the United States and the
    Government of the host nation.
      Sec. 2. Disputes. Disputes between a labor organization and the
    United States Forces as to whether a particular matter is covered
    by one or more of the suspensions set forth in this Order shall be
    referred to the Secretary of Defense. The decision of the Secretary
    in such disputes shall be made after consultation with the
    Secretary of State and shall be final. The Secretary of Defense may
    delegate this authority, but only to the Deputy Secretary of
    Defense, an Under Secretary of Defense, or an Assistant Secretary
    of Defense. The functions assigned to the Secretary of State may
    not be delegated or assigned to anyone below the rank of an
    Assistant Secretary of State.
                                                          Ronald Reagan.

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