
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7103]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                 CHAPTER 71--LABOR-MANAGEMENT RELATIONS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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 Printing Office, 
    and the Smithsonian Institution \1\ but does not include--
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    \1\ So in original. Probably should be followed by a comma.
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            (A) the General Accounting 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, 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.)


                               Amendments

    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.

          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, 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.
    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.

  1-3. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 4703, 5596, 6121, 7323, 8473 
of this title; title 2 section 1351; title 7 section 7011; title 10 
section 1614; title 22 sections 3701, 6613; title 38 section 711.
