5 U.S.C. § 7103 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7103. Definitions; application
(a) For the purpose of this chapter—
(1) “person” means an individual, labor organization, or agency;
(2) “employee” means an individual—
(A) employed in an agency; or
(B) whose employment in an agency has ceased because of any unfair labor practice under section 7116 of this title and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Federal Labor Relations Authority;
but does not include—
(i) an alien or noncitizen of the United States who occupies a position outside the United States;
(ii) a member of the uniformed services;
(iii) a supervisor or a management official;
(iv) an officer or employee in the Foreign Service of the United States employed in the Department of State, the International Communication Agency, the Agency for International Development, the Department of Agriculture, or the Department of Commerce; or
(v) any person who participates in a strike in violation of section 7311 of this title;
(3) “agency” means an Executive agency (including a nonappropriated fund instrumentality described in section 2105(c) of this title and the Veterans’ Canteen Service, Department of Veterans Affairs), the Library of Congress, the Government Publishing Office, and the Smithsonian Institution 1 but does not include—
(A) the Government Accountability Office;
(B) the Federal Bureau of Investigation;
(C) the Central Intelligence Agency;
(D) the National Security Agency;
(E) the Tennessee Valley Authority;
(F) the Federal Labor Relations Authority;
(G) the Federal Service Impasses Panel; or
(H) the United States Secret Service and the United States Secret Service Uniformed Division.
(4) “labor organization” means an organization composed in whole or in part of employees, in which employees participate and pay dues, and which has as a purpose the dealing with an agency concerning grievances and conditions of employment, but does not include—
(A) an organization which, by its constitution, bylaws, tacit agreement among its members, or otherwise, denies membership because of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition;
(B) an organization which advocates the overthrow of the constitutional form of government of the United States;
(C) an organization sponsored by an agency; or
(D) an organization which participates in the conduct of a strike against the Government or any agency thereof or imposes a duty or obligation to conduct, assist, or participate in such a strike;
(5) “dues” means dues, fees, and assessments;
(6) “Authority” means the Federal Labor Relations Authority described in section 7104(a) of this title;
(7) “Panel” means the Federal Service Impasses Panel described in section 7119(c) of this title;
(8) “collective bargaining agreement” means an agreement entered into as a result of collective bargaining pursuant to the provisions of this chapter;
(9) “grievance” means any complaint—
(A) by any employee concerning any matter relating to the employment of the employee;
(B) by any labor organization concerning any matter relating to the employment of any employee; or
(C) by any employee, labor organization, or agency concerning—
(i) the effect or interpretation, or a claim of breach, of a collective bargaining agreement; or
(ii) any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment;
(10) “supervisor” means an individual employed by an agency having authority in the interest of the agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, except that, with respect to any unit which includes firefighters or nurses, the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising such authority;
(11) “management official” means an individual employed by an agency in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the agency;
(12) “collective bargaining” means the performance of the mutual obligation of the representative of an agency and the exclusive representative of employees in an appropriate unit in the agency to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession;
(13) “confidential employee” means an employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations;
(14) “conditions of employment” means personnel policies, practices, and matters, whether established by rule, regulation, or otherwise, affecting working conditions, except that such term does not include policies, practices, and matters—
(A) relating to political activities prohibited under subchapter III of chapter 73 of this title;
(B) relating to the classification of any position; or
(C) to the extent such matters are specifically provided for by Federal statute;
(15) “professional employee” means—
(A) an employee engaged in the performance of work—
(i) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital (as distinguished from knowledge acquired by a general academic education, or from an apprenticeship, or from training in the performance of routine mental, manual, mechanical, or physical activities);
(ii) requiring the consistent exercise of discretion and judgment in its performance;
(iii) which is predominantly intellectual and varied in character (as distinguished from routine mental, manual, mechanical, or physical work); and
(iv) which is of such character that the output produced or the result accomplished by such work cannot be standardized in relation to a given period of time; or
(B) an employee who has completed the courses of specialized intellectual instruction and study described in subparagraph (A)(i) of this paragraph and is performing related work under appropriate direction or guidance to qualify the employee as a professional employee described in subparagraph (A) of this paragraph;
(16) “exclusive representative” means any labor organization which—
(A) is certified as the exclusive representative of employees in an appropriate unit pursuant to section 7111 of this title; or
(B) was recognized by an agency immediately before the effective date of this chapter as the exclusive representative of employees in an appropriate unit—
(i) on the basis of an election, or
(ii) on any basis other than an election,
and continues to be so recognized in accordance with the provisions of this chapter;
(17) “firefighter” means any employee engaged in the performance of work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment; and
(18) “United States” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.
(b)
(1) The President may issue an order excluding any agency or subdivision thereof from coverage under this chapter if the President determines that—
(A) the agency or subdivision has as a primary function intelligence, counterintelligence, investigative, or national security work, and
(B) the provisions of this chapter cannot be applied to that agency or subdivision in a manner consistent with national security requirements and considerations.
(2) The President may issue an order suspending any provision of this chapter with respect to any agency, installation, or activity located outside the 50 States and the District of Columbia, if the President determines that the suspension is necessary in the interest of national security.
(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1192; amended Pub. L. 96–465, title II, § 2314(g), Oct. 17, 1980, 94 Stat. 2168; Pub. L. 102–54, § 13(b)(1), June 13, 1991, 105 Stat. 274; Pub. L. 103–359, title V, § 501(j), Oct. 14, 1994, 108 Stat. 3430; Pub. L. 104–201, div. A, title XVI, § 1634(a), Sept. 23, 1996, 110 Stat. 2752; Pub. L. 105–220, title III, § 341(e), Aug. 7, 1998, 112 Stat. 1092; Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(b)(1), Oct. 21, 1998, 112 Stat. 2681–792; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 139], Dec. 21, 2000, 114 Stat. 2763, 2763A–235; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
heading: Amendments
text: 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”.
heading: Change of Name
text: 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.
“Government Publishing Office” substituted for “Government Printing Office” in subsec. (a)(3) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
heading: Effective Date of 1998 Amendment
text: 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.
heading: Effective Date of 1996 Amendment
text: 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.
heading: Effective Date of 1980 Amendment
text: 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.
heading: Effective Date
text: Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
heading: Transfer of Functions
text: 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.
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
heading: Ex. Ord. No. 12171. Exclusions From Coverage of Program
text: 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, § 5(b), June 27, 2005, 70 F.R. 37955; Ex. Ord. No. 13467, § 3(d), June 30, 2008, 73 F.R. 38107; Ex. Ord. No. 13480, §§ 2–6, Nov. 26, 2008, 73 F.R. 73991, 73992; Ex. Ord. No. 13741, § 3, Sept. 29, 2016, 81 F.R. 68291; Ex. Ord. No. 13760, § 2, Jan. 12, 2017, 82 F.R. 5325; Ex. Ord. No. 13869, § 3(b), Apr. 24, 2019, 84 F.R. 18130, 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:
heading: 1–1. Determinations
text: 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.
heading: 1–2. Exclusions
text: 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 Office of Terrorism and Financial Intelligence.
(b) The Financial Crimes Enforcement Network.
(c) Criminal Investigation, Internal Revenue Service.
(d) The Trade Analysis and Enforcement Division, Alcohol and Tobacco Tax and Trade Bureau.
1–204. Agencies or subdivisions of the Department of the Army, Department of Defense:
(a) Office of the Deputy Chief of Staff, G–2 (Intelligence), and all G–2 Intelligence offices within Army Commands, Army Service Component Commands, and Direct Reporting Units.
(b) United States Army Intelligence and Security Command.
(c) The following subdivisions of the United States Army Cyber Command (ARCYBER) and Second Army:
(1) Headquarters, United States ARCYBER and Second Army.
(2) Joint Forces Headquarters—Cyber.
(3) Army Cyber Operations and Integration Center.
(d) United States Army Intelligence Center of Excellence (USAICoE), United States Army Training and Doctrine Command (TRADOC).
(e) United States Army Cyber Protection Brigade, United States Army Network Enterprise Technology Command.
(f) 114th Signal Battalion, 21st Signal Brigade, United States Army Network Enterprise Technology Command.
(g) 302nd Signal Battalion, 21st Signal Brigade, United States Army Network Enterprise Technology Command.
(h) United States Army Criminal Investigation Command (USACIDC).
(i) United States Army Special Operations Command (USASOC).
(j) Rapid Equipping Force (REF), United States Army Training and Doctrine Command (TRADOC).
(k) Asymmetric Warfare Group (AWG), United States Army Training and Doctrine Command (TRADOC).
1–205. Agencies or subdivisions of the Department of the Navy, Department of Defense:
(a) Office of the Director of Naval Intelligence, and all Intelligence offices within Navy Commands, Navy Service Component Commands, and Direct Reporting Units, including the following:
(1) Naval Intelligence Activity.
(2) Office of Naval Intelligence.
(3) Farragut Technical Analysis Center.
(4) Nimitz Operational Intelligence Center.
(5) Hopper Information Services Center.
(6) Kennedy Irregular Warfare Center.
(7) Brooks Center for Maritime Engagement.
(b) Naval Criminal Investigative Service.
(c) United States Fleet Cyber Command.
(d) Headquarters, Marine Corps Intelligence Department and subordinate activities, United States Marine Corps.
(e) Marine Forces Cyber Command, United States Marine Corps.
(f) Naval Computer and Telecommunications Station, San Diego, Detachment, Naval Strategic Communications Unit, Tinker Air Force Base.
(g) Naval Information Force Reserve, Navy Reserve Force.
(h) Center for Information Warfare Training, Naval Education and Training Command.
(i) Naval Special Warfare Command (NSW).
(j) Marine Special Operations Command (MARSOC).
(k) Navy Information Operations Commands and Detachments.
(l) Naval Communications Security Material System.
1–206. Agencies or subdivisions of the Department of the Air Force, Department of Defense:
(a) Headquarters, 24th Air Force and Air Forces Cyber, Joint Force Headquarters, Air Force Space Command [now United States Space Force], and the following elements under its operational control:
(1) 67th Cyberspace Wing.
(2) 624th Operations Center.
(3) The following subdivisions of the 688th Cyberspace Operations Wing:
(A) 318th Cyberspace Operations Group.
(B) 688th Cyberspace Operations Group.
(4) 5th Combat Communications Group.
(b) Headquarters, 25th Air Force, Air Combat Command, and the following wings, groups, and elements under the operational control of the 25th Air Force:
(1) 70th Intelligence, Surveillance and Reconnaissance Wing.
(2) 363rd Intelligence, Surveillance and Reconnaissance Wing.
(3) 480th Intelligence, Surveillance and Reconnaissance Wing.
(4) 625th Operations Center.
(5) The following subdivisions of the 9th Reconnaissance Wing:
(A) 9th Operations Group.
(B) 69th Reconnaissance Group.
(6) 55th Operations Group, 55th Wing.
(c) Air Force Technical Applications Center (AFTAC), 25th Air Force, Air Combat Command.
(d) Office of the Deputy Chief of Staff, Intelligence, Surveillance and Reconnaissance (A2), Headquarters, United States Air Force, and all A2 staff within Air Force Commands, Air Force Service Component Commands, Field Operating Agencies, and Direct Reporting Units.
(e) National Air and Space Intelligence Center and all elements under its operational control.
(f) Air Force Special Operations Command (AFSOC), with the exception of the following subdivisions:
(1) The following groups of the 1st Special Operations Wing, Hurlburt Field, Florida:
(A) Mission Support Group.
(B) Medical Group.
(2) The following groups of the 27th Special Operations Wing, Cannon Air Force Base, New Mexico:
(A) Mission Support Group.
(B) Medical Group.
(g) Air Force Office of Special Investigations.
(h) 17th Training Wing, Air Education and Training Command, Goodfellow Air Force Base, Texas.
1–207. Defense Intelligence Agency, Department of Defense.
1–208. The Defense Counterintelligence and Security Agency, 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) National Security Division.
(h) Bureau of Alcohol, Tobacco, Firearms, and Explosives.
1–210. Agencies or subdivisions of the Department of Energy:
(a) The National Nuclear Security Administration.
(b) The Office of Intelligence.
(c) The Office of Counterintelligence.
(d) The Office of Intelligence and Counterintelligence.
(e) The Savannah River Operations Office.
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 authority of the Chairman of the Joint Chiefs of Staff and the Commanders of the Combatant Commands, Department of Defense.
(a) Office of the Chairman of the Joint Chiefs of Staff (OCJCS) and the Joint Staff.
(b) United States Africa Command (USAFRICOM).
(c) United States Central Command (USCENTCOM).
(d) United States European Command (USEUCOM).
(e) United States Pacific Command (USPACOM) [now United States Indo-Pacific Command].
(f) United States Southern Command (USSOUTHCOM).
(g) North American Aerospace Defense Command (NORAD).
(h) United States Northern Command (USNORTHCOM).
(i) Headquarters, United States Transportation Command (USTRANSCOM), and its subordinate command, the Joint Enabling Capabilities Command.
(j) United States Strategic Command (USSTRATCOM) and all components, centers, or sub-unified commands currently assigned to USSTRATCOM, including the following:
(1) United States Cyber Command (USCYBERCOM).
(2) Joint Functional Component Command—Global Strike (JFCC GS).
(3) Joint Functional Component Command—Space (JFCC Space).
(4) Joint Functional Component Command—Integrated Missile Defense (JFCC IMD).
(5) Joint Functional Component Command—Intelligence, Surveillance and Reconnaissance (JFCC ISR).
(6) USSTRATCOM Center for Combating Weapons of Mass Destruction (SCC WMD).
(7) Standing Joint Force Headquarters for Elimination (SJFHQ–E).
(8) Joint Warfare Analysis Center (JWAC).
(k) United States Special Operations Command (USSOCOM) and all components and sub-unified commands under its administrative and operational control, including the following:
(1) Components:
(A) Marine Special Operations Command (MARSOC).
(B) Naval Special Warfare Command (NSW).
(C) Air Force Special Operations Command (AFSOC), with the exception of the following subdivisions:
(i) The following groups of the 1st Special Operations Wing, Hurlburt Field, Florida:
(I) Mission Support Group.
(II) Medical Group.
(ii) The following groups of the 27th Special Operations Wing, Cannon Air Force Base, New Mexico:
(I) Mission Support Group.
(II) Medical Group.
(D) United States Army Special Operations Command (USASOC).
(2) Sub-unified Commands:
(A) Joint Special Operations Command (JSOC).
(B) Special Operations Command Korea (SOCKOR).
(C) Special Operations Command Europe (SOCEUR).
(D) Special Operations Command South (SOCSOUTH).
(E) Special Operations Command Pacific (SOCPAC).
(F) Special Operations Command Africa (SOCAFRICA).
(G) Special Operations Command Central (SOCCENT).
(H) Special Operations Command North (SOCNORTH).
1–213. The following subdivision of the Federal Aviation Administration (FAA), Department of Transportation: National Security Coordination Division, Office of Emergency Operations and Investigations, FAA Office of Security and Hazardous Materials.
1–214. Agencies or subdivisions of the Department of Homeland Security:
(a) Office of the Military Advisor.
(b) The following office within the Management Directorate:
(1) Office of Security.
(c) Office of Operations Coordination.
(d) Office of Counternarcotics Enforcement.
(e) Office of Intelligence and Analysis.
(f) Domestic Nuclear Detection Office [now Countering Weapons of Mass Destruction Office].
(g) The following offices and subdivisions within the United States Coast Guard:
(1) Maritime Intelligence Fusion Centers, Atlantic.
(2) Pacific Area Intelligence Division.
(3) Intelligence Coordination Center.
(4) Coast Guard Investigative Service.
(5) Coast Guard Security Center.
(h) The following offices and subdivisions within United States Immigration and Customs Enforcement:
(1) The Office of Investigations.
(2) The Office of International Affairs.
(3) The Office of Intelligence.
(4) The National Incident Response Unit.
(i) The following office within the Transportation Security Administration:
(1) The Office of Law Enforcement/Federal Air Marshal Service.
(j) The following office within United States Customs and Border Protection:
(1) The Office of Intelligence and Operations Coordination.
(k) The following offices and subdivisions within the Federal Emergency Management Agency:
(1) The following offices and subdivisions within the Office of National Continuity Programs:
(A) The Office of the Assistant Administrator.
(B) The Operations Division.
(C) The Continuity of Operations Division.
(D) The Readiness Division.
(E) The Integrated Public Alert and Warning Systems Division.
(2) The following subdivisions within the Disaster Operations Directorate:
(A) The Mobile Emergency Response Support Operations, including Mobile Emergency Response Support Detachments.
(B) The FEMA Operations Center.
(C) The Alternate FEMA Operations Center.
Sec. 1–215. National Geospatial-Intelligence Agency (NGA), Department of Defense.
1–216. Agencies or subdivisions of the Office of Personnel Management:
(a) The Federal Investigative Services.
(b) The National Background Investigations Bureau.
(c) Units with a primary Suitability Executive Agent mission, including adjudicating suitability investigations and conducting related policy, advisory services, operations support, and agency oversight.
(d) Units with a primary mission of engineering, information technology, and cybersecurity support for personnel background investigations and adjudications.
1–217. Defense Advanced Research Projects Agency, Department of Defense.
1–218. National Reconnaissance Office, Department of Defense.
1–219. Office of the Under Secretary of Defense for Intelligence [now Under Secretary of Defense for Intelligence and Security], Department of Defense.
1–220. Field Detachment, Defense Contract Audit Agency, Department of Defense.
1–221. Special Programs Directorate, Defense Contract Management Agency, Department of Defense.
1–222. The following subdivisions of the Defense Information Systems Agency, Department of Defense:
(a) Joint Force Headquarters—Department of Defense Information Networks.
(b) White House Communications Agency.
1–223. The following subdivisions of the Defense Logistics Agency, Department of Defense:
(a) Defense Logistics Agency Intelligence.
(b) Joint Logistics Operations Center.
(c) Computer Emergency Response Team and Incident Response Branch.
1–224. Strategic Capabilities Office, Department of Defense.
heading: 1–3. Units Outside the 50 States and the District of Columbia
text: 1–301. The Drug Enforcement Administration, Department of Justice.
[Ex. Ord. No. 13741, § 3, which directed amendment of section 1–216 of Ex. Ord. No. 12171, set out above, by substituting “Agencies or subdivisions of the Office of Personnel Management:” and subsections (a) to (d) for “The Federal Investigative Services Division”, was executed by making the substitution for “The Federal Investigative Services Division., Office of Personnel Management.”]
heading: Ex. Ord. No. 12391. Partial Suspension of Federal Service Labor-Management Relations
text: 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.
heading: Ex. Ord. No. 12632. Exclusions From Federal Labor-Management Relations Program
text: 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.
heading: Ex. Ord. No. 13252. Exclusions From the Federal Labor-Management Relations Program
text: 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.
heading: Ex. Ord. No. 13760. Exclusions From the Federal Labor-Management Relations Program
text: Ex. Ord. No. 13760, Jan. 12, 2017, 82 F.R. 5325, 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 reflect the effects of the reorganization and restructuring of the Department of Defense on its agencies and subdivisions exempted from coverage under the Federal Labor-Management Relations Program, it is hereby ordered as follows:
Section 1. Determinations. The agencies and subdivisions of the Department of Defense 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. Department of Defense. Executive Order 12171 of November 19, 1979, as amended, is further amended by:
(a) revising section 1–204 to read as follows:
“1–204. Agencies or subdivisions of the Department of the Army, Department of Defense:
[“](a) Office of the Deputy Chief of Staff, G–2 (Intelligence), and all G–2 Intelligence offices within Army Commands, Army Service Component Commands, and Direct Reporting Units.
[“](b) United States Army Intelligence and Security Command.
[“](c) The following subdivisions of the United States Army Cyber Command (ARCYBER) and Second Army:
[“](1) Headquarters, United States ARCYBER and Second Army.
[“](2) Joint Forces Headquarters—Cyber.
[“](3) Army Cyber Operations and Integration Center.
[“](d) United States Army Intelligence Center of Excellence (USAICoE), United States Army Training and Doctrine Command (TRADOC).
[“](e) United States Army Cyber Protection Brigade, United States Army Network Enterprise Technology Command.
[“](f) 114th Signal Battalion, 21st Signal Brigade, United States Army Network Enterprise Technology Command.
[“](g) 302nd Signal Battalion, 21st Signal Brigade, United States Army Network Enterprise Technology Command.
[“](h) United States Army Criminal Investigation Command (USACIDC).
[“](i) United States Army Special Operations Command (USASOC).
[“](j) Rapid Equipping Force (REF), United States Army Training and Doctrine Command (TRADOC).
[“](k) Asymmetric Warfare Group (AWG), United States Army Training and Doctrine Command (TRADOC).”;
(b) revising section 1–205 to read as follows:
“1–205. Agencies or subdivisions of the Department of the Navy, Department of Defense:
[“](a) Office of the Director of Naval Intelligence, and all Intelligence offices within Navy Commands, Navy Service Component Commands, and Direct Reporting Units, including the following:
[“](1) Naval Intelligence Activity.
[“](2) Office of Naval Intelligence.
[“](3) Farragut Technical Analysis Center.
[“](4) Nimitz Operational Intelligence Center.
[“](5) Hopper Information Services Center.
[“](6) Kennedy Irregular Warfare Center.
[“](7) Brooks Center for Maritime Engagement.
[“](b) Naval Criminal Investigative Service.
[“](c) United States Fleet Cyber Command.
[“](d) Headquarters, Marine Corps Intelligence Department and subordinate activities, United States Marine Corps.
[“](e) Marine Forces Cyber Command, United States Marine Corps.
[“](f) Naval Computer and Telecommunications Station, San Diego, Detachment, Naval Strategic Communications Unit, Tinker Air Force Base.
[“](g) Naval Information Force Reserve, Navy Reserve Force.
[“](h) Center for Information Warfare Training, Naval Education and Training Command.
[“](i) Naval Special Warfare Command (NSW).
[“](j) Marine Special Operations Command (MARSOC).
[“](k) Navy Information Operations Commands and Detachments.
[“](l) Naval Communications Security Material System.”;
(c) revising section 1–206 to read as follows:
“1–206. Agencies or subdivisions of the Department of the Air Force, Department of Defense:
[“](a) Headquarters, 24th Air Force and Air Forces Cyber, Joint Force Headquarters, Air Force Space Command [now United States Space Force], and the following elements under its operational control:
[“](1) 67th Cyberspace Wing.
[“](2) 624th Operations Center.
[“](3) The following subdivisions of the 688th Cyberspace Operations Wing:
[“](A) 318th Cyberspace Operations Group.
[“](B) 688th Cyberspace Operations Group.
[“](4) 5th Combat Communications Group.
[“](b) Headquarters, 25th Air Force, Air Combat Command, and the following wings, groups, and elements under the operational control of the 25th Air Force:
[“](1) 70th Intelligence, Surveillance and Reconnaissance Wing.
[“](2) 363rd Intelligence, Surveillance and Reconnaissance Wing.
[“](3) 480th Intelligence, Surveillance and Reconnaissance Wing.
[“](4) 625th Operations Center.
[“](5) The following subdivisions of the 9th Reconnaissance Wing:
[“](A) 9th Operations Group.
[“](B) 69th Reconnaissance Group.
[“](6) 55th Operations Group, 55th Wing.
[“](c) Air Force Technical Applications Center (AFTAC), 25th Air Force, Air Combat Command.
[“](d) Office of the Deputy Chief of Staff, Intelligence, Surveillance and Reconnaissance (A2), Headquarters, United States Air Force, and all A2 staff within Air Force Commands, Air Force Service Component Commands, Field Operating Agencies, and Direct Reporting Units.
[“](e) National Air and Space Intelligence Center and all elements under its operational control.
[“](f) Air Force Special Operations Command (AFSOC), with the exception of the following subdivisions:
[“](1) The following groups of the 1st Special Operations Wing, Hurlburt Field, Florida:
[“](A) Mission Support Group.
[“](B) Medical Group.
[“](2) The following groups of the 27th Special Operations Wing, Cannon Air Force Base, New Mexico:
[“](A) Mission Support Group.
[“](B) Medical Group.
[“](g) Air Force Office of Special Investigations.
[“](h) 17th Training Wing, Air Education and Training Command, Goodfellow Air Force Base, Texas.”;
(d) revising section 1–207 to read as follows:
“1–207. Defense Intelligence Agency, Department of Defense.”;
(e) revising section 1–208 to read as follows:
“1–208. Defense Security Service, Department of Defense.”;
(f) revising section 1–212 to read as follows:
“1–212. Agencies or subdivisions under the authority of the Chairman of the Joint Chiefs of Staff and the Commanders of the Combatant Commands, Department of Defense.
[“](a) Office of the Chairman of the Joint Chiefs of Staff (OCJCS) and the Joint Staff.
[“](b) United States Africa Command (USAFRICOM).
[“](c) United States Central Command (USCENTCOM).
[“](d) United States European Command (USEUCOM).
[“](e) United States Pacific Command (USPACOM) [now United States Indo-Pacific Command].
[“](f) United States Southern Command (USSOUTHCOM).
[“](g) North American Aerospace Defense Command (NORAD).
[“](h) United States Northern Command (USNORTHCOM).
[“](i) Headquarters, United States Transportation Command (USTRANSCOM), and its subordinate command, the Joint Enabling Capabilities Command.
[“](j) United States Strategic Command (USSTRATCOM) and all components, centers, or sub-unified commands currently assigned to USSTRATCOM, including the following:
[“](1) United States Cyber Command (USCYBERCOM).
[“](2) Joint Functional Component Command—Global Strike (JFCC GS).
[“](3) Joint Functional Component Command—Space (JFCC Space).
[“](4) Joint Functional Component Command—Integrated Missile Defense (JFCC IMD).
[“](5) Joint Functional Component Command—Intelligence, Surveillance and Reconnaissance (JFCC ISR).
[“](6) USSTRATCOM Center for Combating Weapons of Mass Destruction (SCC WMD).
[“](7) Standing Joint Force Headquarters for Elimination (SJFHQ–E).
[“](8) Joint Warfare Analysis Center (JWAC).
[“](k) United States Special Operations Command (USSOCOM) and all components and sub-unified commands under its administrative and operational control, including the following:
[“](1) Components:
[“](A) Marine Special Operations Command (MARSOC).
[“](B) Naval Special Warfare Command (NSW).
[“](C) Air Force Special Operations Command (AFSOC), with the exception of the following subdivisions:
[“](i) The following groups of the 1st Special Operations Wing, Hurlburt Field, Florida:
[“](I) Mission Support Group.
[“](II) Medical Group.
[“](ii) The following groups of the 27th Special Operations Wing, Cannon Air Force Base, New Mexico:
[“](I) Mission Support Group.
[“](II) Medical Group.
[“](D) United States Army Special Operations Command (USASOC).
[“](2) Sub-unified Commands:
[“](A) Joint Special Operations Command (JSOC).
[“](B) Special Operations Command Korea (SOCKOR).
[“](C) Special Operations Command Europe (SOCEUR).
[“](D) Special Operations Command South (SOCSOUTH).
[“](E) Special Operations Command Pacific (SOCPAC).
[“](F) Special Operations Command Africa (SOCAFRICA).
[“](G) Special Operations Command Central (SOCCENT).
[“](H) Special Operations Command North (SOCNORTH).”;
(g) revising section 1–215 to read as follows:
“Sec. 1–215. National Geospatial-Intelligence Agency (NGA), Department of Defense.”; and
(h) inserting after section 1–216 the following new sections:
“1–217. Defense Advanced Research Projects Agency, Department of Defense.
[“]1–218. National Reconnaissance Office, Department of Defense.
[“]1–219. Office of the Under Secretary of Defense for Intelligence, Department of Defense.
[“]1–220. Field Detachment, Defense Contract Audit Agency, Department of Defense.
[“]1–221. Special Programs Directorate, Defense Contract Management Agency, Department of Defense.
[“]1–222. The following subdivisions of the Defense Information Systems Agency, Department of Defense:
[“](a) Joint Force Headquarters—Department of Defense Information Networks.
[“](b) White House Communications Agency.
[“]1–223. The following subdivisions of the Defense Logistics Agency, Department of Defense:
[“](a) Defense Logistics Agency Intelligence.
[“](b) Joint Logistics Operations Center.
[“](c) Computer Emergency Response Team and Incident Response Branch.
[“]1–224. Strategic Capabilities Office, Department of Defense.”.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof, or the status of that department or agency within the Federal Government; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
heading: Delegation of Certain Authority Under the Federal Service Labor-Management Relations Statute
text: Memorandum of President of the United States, Jan. 29, 2020, 85 F.R. 10033, provided:
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. Policy. The national security interests of the United States require expedient and efficient decisionmaking. When new missions emerge or existing ones evolve, the Department of Defense requires maximum flexibility to respond to threats to carry out its mission of protecting the American people. This flexibility requires that military and civilian leadership manage their organizations to cultivate a lethal, agile force adaptive to new technologies and posture changes. Where collective bargaining is incompatible with these organizations’ missions, the Department of Defense should not be forced to sacrifice its national security mission and, instead, seek relief through third parties and administrative fora.
Sec. 2. Delegation of Authority to the Secretary of Defense. (a) The Secretary of Defense (Secretary) is delegated authority under 5 U.S.C. 7103(b)(1) and 7103(b)(2) to issue orders excluding Department of Defense agencies or subdivisions thereof from Federal Service Labor-Management Relations Statute coverage. The Secretary is authorized to further delegate this authority to any official of the Department of Defense appointed by the President with the advice and consent of the Senate.
(b) When making the determination required by 5 U.S.C. 7103(b)(1) or 7103(b)(2), the Secretary or other official delegated this authority pursuant to subsection (a) of this section shall publish this determination in the Federal Register.
(c) Any official to whom the Secretary of Defense delegates the authority pursuant to subsection (a) of this section may not further delegate this authority.
(d) For purposes of this memorandum, the term “Department of Defense agencies or subdivisions” includes without limitation the military departments.
Sec. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.