Notes on 5 U.S.C. § 7103 : US Code - Notes

Search Notes on 5 U.S.C. § 7103 : US Code - Notes

(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.
EFFECTIVE DATE OF 1996 AMENDMENT                 
Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section
1635 of Pub. L. 104-201, set out as a note under section 1593 of
Title 10, Armed Forces.
EFFECTIVE DATE OF 1980 AMENDMENT                 
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as
an Effective Date note under section 3901 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.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.
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; Ex. Ord. No. 13381, Sec.
5(b), June 27, 2005, 70 F.R. 37955, 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.
1-2. EXCLUSIONS                          
1-201. The Information Security Oversight Office, General
Services Administration.
1-202. The Federal Research Division, Research Services, the
Library of Congress.
1-203. Agencies or subdivisions of the Department of the
Treasury:
(a) The U.S. Secret Service.
(b) The U.S. Secret Service Uniformed Division.
(c) The Office of Special Assistant to the Secretary (National
Security).
(d) The Office of Intelligence Support (OIS).
(e) The Office of the Assistant Secretary (Enforcement and
Operations) (OEO).
(f) The Office of Criminal Enforcement, Bureau of Alcohol,
Tobacco, and Firearms.
(g) The Office of Enforcement (Headquarters and Regional
Components), U.S. Customs Service.
(h) The Criminal Investigation Division, Internal Revenue
Service.
1-204. Agencies or subdivisions of the Department of the Army,
Department of Defense:
(a) Office of Assistant Chief of Staff for Intelligence.
(b) U.S. Army Intelligence and Security Command.
(c) U.S. Army Foreign Science and Technology Center.
(d) U.S. Army Intelligence Center and School.
(e) U.S. Army Missile Intelligence Agency.
(f) Foreign Intelligence Office, U.S. Army Missile Research and
Development Command.
1-205. Agencies or subdivisions of the Department of the Navy,
Department of Defense:
(a) Office of Naval Intelligence.
(b) Naval Intelligence Command Headquarters and Subordinate
Commands.
(c) Headquarters, Naval Security Group Command.
(d) Naval Security Group Activities and Detachments.
(e) Fleet Intelligence Center, Europe and Atlantic (FICEURLANT).
(f) Fleet Intelligence Center, Pacific (FICPAC).
(g) Units composed primarily of employees engaged in the
operation, repair, and/or maintenance of "off line" or "on line"
cryptographic equipment.
(h) Units composed primarily of employees of naval
telecommunications activities in positions which require a
cryptographic authorization.
(i) Naval Special Warfare Development Group.
1-206. Agencies or subdivisions of the Department of the Air
Force, Department of Defense:
(a) Office of Space Systems, Office of the Secretary of the Air
Force.
(b) Office of Special Projects, Office of the Secretary of the
Air Force.
(c) Engineering Office, Space and Missile Systems Organization
(Air Force Systems Command).
(d) Program Control Office, Space and Missile Systems
Organization (Air Force Systems Command).
(e) Detachment 3, Space and Missile Systems Organization (Air
Force Systems Command).
(f) Defense Dissemination Systems Program Office, Space and
Missile Systems Organization (Air Force Systems Command).
(g) Satellite Data System Program Office, Space and Missile
Systems Organization (Air Force Systems Command).
(h) Project Office at El Segundo, California, Office of the
Secretary of the Air Force.
(i) Project Office at Patrick Air Force Base, Florida, Office of
the Secretary of the Air Force.
(j) Project Office at Fort Myer, Virginia, Office of the
Secretary of the Air Force.
(k) Air Force Office of Special Investigations.
(l) U.S. Air Force Security Service.
(m) Foreign Technology Division, Air Force Systems Command,
Wright-Patterson Air Force Base.
(n) 1035 Technical Operations Group (Air Force Technical
Applications Center), Air Force Systems Command, and subordinate
units.
(o) 3480 Technical Training Wing, Air Training Command,
Goodfellow Air Force Base, Texas.
(p) Office of the Assistant Chief of Staff, Intelligence.
(q) Air Force Intelligence Service.
1-207. The Defense Intelligence Agency, Department of Defense.
1-208. The Defense Investigative Service, Department of Defense.
1-209. Agencies or subdivisions of the Department of Justice:
a. The Office of Enforcement and the Office of Intelligence,
including all domestic field offices and intelligence units, of the
Drug Enforcement Administration.
b. The Office of Special Operations, the Threat Analysis Group,
the Enforcement Operations Division, the Witness Security Division
and the Court Security Division in the Office of the Director and
the Enforcement Division in Offices of the United States Marshals
in the United States Marshals Service.
(c) United States Attorneys' Offices.
(d) Criminal Division.
(e) INTERPOL - U.S. National Central Bureau.
(f) National Drug Intelligence Center.
(g) Office of Intelligence Policy and Review.
1-210. Agencies or subdivisions of the Department of Energy.
(a) The Albuquerque, Nevada and Savannah River operations offices
under the Under Secretary of Energy.
(b) Offices of the Assistant Secretary for Defense Programs.
1-211. Offices within the Agency for International Development:
(a) The Immediate Office of the Auditor General.
(b) The Office of Inspections and Investigations.
(c) The Office of Security.
(d) The Office of the Area Auditor General/Washington.
1-212. Agencies or subdivisions under the operational
jurisdiction of the Joint Chiefs of Staff (JCS).
(a) Intelligence Division (J-2), Headquarters Atlantic Command
(LANTCOM).
(b) Atlantic Command Electronic Intelligence Center.
(c) Intelligence Directorate (J-2), Headquarters U.S. European
Command (USEUCOM).
(d) Special Security Office (SSO), Headquarters U.S. European
Command (USEUCOM).
(e) European Defense Analysis Center (EUDAC).
(f) Intelligence Directorate (J-2), Headquarters Pacific Command
(PACOM).
(g) Intelligence Center Pacific (IPAC).
(h) Intelligence Directorate (J-2), Headquarters U.S. Southern
Command (USSOUTHCOM).
(i) Intelligence Directorate (J-2), Headquarters U.S. Readiness
Command (USREDCOM)/Joint Deployment Agency.
(j) Deputy Chief of Staff/Intelligence, Headquarters Strategic
Air Command (SAC).
(k) 544th Strategic Intelligence Wing, Strategic Air Command
(SAC).
(l) Deputy Chief of Staff/Intelligence, Headquarters 15th Air
Force, Strategic Air Command (SAC).
(m) Deputy Chief of Staff/Intelligence, Headquarters 8th Air
Force, Strategic Air Command (SAC).
(n) Strategic Reconnaissance Center, Headquarters Strategic Air
Command (SAC).
(o) 6th Strategic Wing, Strategic Air Command (SAC).
(p) 9th Strategic Reconnaissance Wing, Strategic Air Command
(SAC).
(q) 55th Strategic Reconnaissance Wing, Strategic Air Command
(SAC).
(r) 306th Strategic Wing, Strategic Air Command (SAC).
(s) 376th Strategic Wing, Strategic Air Command (SAC).
(t) Deputy Chief of Staff/Operations Plans, Headquarters
Strategic Air Command (SAC).
(u) The Joint Strategic Target Planning Staff (JSTPS).
(v) The Joint Special Operations Command (JSOC) and all elements
under its operational control.
1-213. The subdivisions of the Federal Aviation Administration,
Department of Transportation:
(a) Federal Air Marshal Branch, International Civil Aviation
Security Division, Office of Civil Aviation Security.
(b) Units composed of Civil Aviation Security Inspectors in Civil
Aviation Security divisions whose responsibilities require Federal
air marshal functions.
1-214. Subdivisions of the National Preparedness Directorate of
the Federal Emergency Management Agency.
(a) Office of Associate Director.
(b) Office of Analysis and Support.
(c) Office of Mobilization Preparedness.
(d) The following offices of the Office of Systems Engineering.
(1) Office of the Assistant Associate Director.
(2) NEMS-DCWS Program Office.
(3) Systems Design Division.
(4) Telecommunications Systems Development Division.
(5) Systems Support Division.
(e) The following offices of the Office of Operations.
(1) Office of the Assistant Associate Director.
(2) Planning Division.
(3) The following branches of the Readiness Division.
(A) Exercise Branch.
(B) Operations Branch.
(C) National Warning Center.
(D) Alternate National Warning Center.
(4) Mobile Emergency Response Support Operations Divisions.
(5) Federal Agency Support and Coordination Division.
(f) The following offices in the Office of Information Resource
Management.
(1) Office of the Assistant Associate Director.
(2) Information Systems Policy, Planning and Evaluation Policy
and Planning Branch.
(3) Information Systems Application Branch.
(4) EICC Support Center.
1-215. The Defense Mapping Agency Reston Center, Department of
Defense.
1-216. The Center for Federal Investigative Services, Office of
Personnel Management.
1-3. UNITS OUTSIDE THE 50 STATES AND THE DISTRICT OF COLUMBIA   
1-301. The Drug Enforcement Administration, Department of
Justice.
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.
EX. ORD. NO. 12632. EXCLUSIONS FROM FEDERAL LABOR-MANAGEMENT
RELATIONS PROGRAM
Ex. Ord. No. 12632, Mar. 23, 1988, 53 F.R. 9852, provided:
By virtue of the authority vested in me as President by the
Constitution and laws 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:
Section 1. Determinations. The agencies or subdivisions thereof
set forth in Section 3 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 these agencies or subdivisions in a manner
consistent with national security requirements and considerations.
These agencies or subdivisions thereof are hereby excluded from
coverage under Chapter 71 of Title 5 of the United States Code.
Sec. 2. Relationship to Executive Order No. 12559. The
determinations set forth in Section 1 of this Order are the same
determinations that I made at the time of and as a predicate to my
issuance on May 20, 1986, of Executive Order No. 12559 [amending
Ex. Ord. No. 12171, set out as a note above], which was issued for
the same purpose as this Order. On July 10, 1987, Executive Order
No. 12559 was held by a United States District Court to be
incomplete as a matter of form, and therefore invalid, because it
did not expressly set forth these determinations. AFGE v. Reagan,
Civil No. 86-1587 (D.D.C.). These determinations were not expressly
set forth in the text of Executive Order No. 12559 because all that
Order did was amend Executive Order No. 12171 [set out as a note
above] by adding the agencies or subdivisions referred to in
Section 1 of this Order to the list in Executive Order No. 12171 of
entities excluded from coverage of the Federal Labor-Management
Relations Program, and these determinations were already expressly
set forth in the text of Executive Order No. 12171, which remains
in effect (as amended). This Order is not intended to reflect any
belief that the form of Executive Order No. 12559 was invalid, but
is intended solely to accomplish the purpose of that Order.
Sec. 3. Amendment of Executive Order No. 12171. Executive Order
No. 12171 is amended by deleting Section 1-209 and inserting in its
place:
Sec. 1-209. Agencies or subdivisions of the Department of
Justice. (a) The Office of Enforcement and the Office of
Intelligence, including all domestic field offices and intelligence
units, of the Drug Enforcement Administration.
(b) The Office of Special Operations, the Threat Analysis Group,
the Enforcement Operations Division, the Witness Security Division
and the Court Security Division in the Office of the Director and
the Enforcement Division in Offices of the United States Marshals
in the United States Marshals Service.
Ronald Reagan.
EX. ORD. NO. 13252. EXCLUSIONS FROM THE FEDERAL LABOR-MANAGEMENT
RELATIONS PROGRAM
Ex. Ord. No. 13252, Jan. 7, 2002, 67 F.R. 1601, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section
7103(b)(1) of title 5, United States Code, and in order to exempt
certain subdivisions of the Department of Justice from coverage
under the Federal Labor-Management Relations Program, it is hereby
ordered as follows:
Section 1. Determinations. The subdivisions of the Department of
Justice set forth in section 2 of this order are hereby determined
to have as a primary function intelligence, counterintelligence,
investigative, or national security work. It is further determined
that chapter 71 of title 5, United States Code, cannot be applied
to these subdivisions in a manner consistent with national security
requirements and considerations.
Sec. 2. Amendment of Executive Order 12171. Executive Order 12171
of November 19, 1979, as amended, [set out above] is further
amended by adding to the end of section 1-209 the following new
subsections:
"(c) United States Attorneys' Offices.
["](d) Criminal Division.
["](e) INTERPOL - U.S. National Central Bureau.
["](f) National Drug Intelligence Center.
["](g) Office of Intelligence Policy and Review."
George W. Bush.
(!1) So in original. Probably should be followed by a comma.