5 U.S.C. § 7103 — Definitions; application

Page 852 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7102 Office of Personnel Management also shall continu- ously review the operation of the Federal labor-man- agement relations program to assist in assuring adher- ence to its provisions and merit system requirements; implement technical advice and information programs for the agencies; assist in the development of programs for training agency personnel and management offi- cials in labor-management relations; and, from time to time, report to the Authority on the state of the pro- gram with any recommendations for its improvement. (b) The Office of Personnel Management shall develop programs for the collection and dissemination of infor- mation appropriate to the needs of agencies, organiza- tions and the public. SEC. 26. Effective date. This Order is effective on Janu- ary 1, 1970, except sections 7(f) and 8 which are effective immediately. Effective January 1, 1970, Executive Order No. 10988 and the President’s Memorandum of May 21, 1963, entitled Standards of Conduct for Em- ployee Organizations and Code of Fair Labor Practices, are revoked. [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Inter- course.] EXECUTIVE ORDER NO. 12871 Ex. Ord. No. 12871, Oct. 1, 1993, 58 F.R. 52201, as amended by Ex. Ord. No. 12983, Dec. 21, 1995, 60 F.R. 66855; Ex. Ord. No. 13156, § 1, May 17, 2000, 65 F.R. 31785, which established the National Partnership Council and required the head of certain Government agencies to implement labor-management partnerships to help reform Government, was revoked by Ex. Ord. No. 13203, Feb. 17, 2001, 66 F.R. 11227. EXECUTIVE ORDER NO. 13522 Ex. Ord. No. 13522, Dec. 9, 2009, 74 F.R. 66203, which re- lated to the establishment of the National Council on Federal Labor-Management Relations and implementa- tion of labor-management forums, was revoked by Ex. Ord. No. 13812, Sept. 29, 2017, 82 F.R. 46367. Ex. Ord. No. 13812 was revoked, and Ex. Ord. No. 13522 was super- seded, by Ex. Ord. No. 14119, §§ 6(a), 7(a), Mar. 6, 2024, 89 F.R. 17268, 17269, set out in a note under section 50 of Title 29, Labor. EXTENSION OF TERM OF NATIONAL COUNCIL ON FEDERAL LABOR-MANAGEMENT RELATIONS Term of National Council on Federal Labor-Manage- ment Relations extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of this title. Previous extensions of term of National Council on Federal Labor-Management Relations were contained in the following prior Executive Orders: Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, ex- tended term until Sept. 30, 2015. Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, ex- tended term until Sept. 30, 2013. EXTENSION OF TERM OF U.S. GENERAL SERVICES ADMIN- ISTRATION LABOR-MANAGEMENT RELATIONS COUNCIL Term of U.S. General Services Administration Labor- Management Relations Council extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of this title. EXECUTIVE ORDER NO. 13836 Ex. Ord. No. 13836, May 25, 2018, 83 F.R. 25329, which related to Federal sector collective bargaining, was re- voked by Ex. Ord. No. 14003, § 3(a), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. EXECUTIVE ORDERS 13836, 13837, AND 13839 Memorandum of President of the United States, Oct. 11, 2019, 84 F.R. 56095, which related to adherence to cer- tain collective bargaining agreements, was revoked by Ex. Ord. No. 14003, § 3(d), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. § 7102. Employees’ rights Each employee shall have the right to form, join, or assist any labor organization, or to re- frain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right— (1) to act for a labor organization in the ca- pacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appro- priate authorities, and (2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1192.) Editorial Notes PRIOR PROVISIONS A prior section 7102, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, related to right of employees to petition Con- gress, prior to the general amendment of this chapter by Pub. L. 95–454. See section 7211 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. PARTIAL SUSPENSION OF FEDERAL SERVICE LABOR- MANAGEMENT RELATIONS Par. (2) of this section suspended with respect to any matter proposed for bargaining which would substan- tially impair the implementation by the United States Forces of any treaty or agreement, including any min- utes or understandings thereto, between the United States and the Government of the host nation, see sec- tion 1(b) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under section 7103 of this title. § 7103. Definitions; application (a) For the purpose of this chapter— (1) ‘‘person’’ means an individual, labor or- ganization, 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 substan- tially equivalent employment, as deter- mined 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 Page 853 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7103 1 So in original. Probably should be followed by a comma. Department of State, the International Communication Agency, the Agency for International Development, the Department of Agriculture, or the Department of Com- merce; or (v) any person who participates in a strike in violation of section 7311 of this title; (3) ‘‘agency’’ means an Executive agency (in- cluding a nonappropriated fund instrumen- tality described in section 2105(c) of this title and the Veterans’ Canteen Service, Depart- ment of Veterans Affairs), the Library of Con- gress, the Government Publishing Office, and the Smithsonian Institution 1 but does not in- clude— (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 organiza- tion composed in whole or in part of employ- ees, 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 in- clude— (A) an organization which, by its constitu- tion, 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 gov- ernment of the United States; (C) an organization sponsored by an agen- cy; or (D) an organization which participates in the conduct of a strike against the Govern- ment or any agency thereof or imposes a duty or obligation to conduct, assist, or par- ticipate in such a strike; (5) ‘‘dues’’ means dues, fees, and assess- ments; (6) ‘‘Authority’’ means the Federal Labor Relations Authority described in section 7104(a) of this title; (7) ‘‘Panel’’ means the Federal Service Im- passes Panel described in section 7119(c) of this title; (8) ‘‘collective bargaining agreement’’ means an agreement entered into as a result of col- lective bargaining pursuant to the provisions of this chapter; (9) ‘‘grievance’’ means any complaint— (A) by any employee concerning any mat- ter relating to the employment of the em- ployee; (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, misinterpreta- tion, or misapplication of any law, rule, or regulation affecting conditions of employ- ment; (10) ‘‘supervisor’’ means an individual em- ployed by an agency having authority in the interest of the agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, re- call, 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 re- spect 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 indi- vidual employed by an agency in a position the duties and responsibilities of which re- quire or authorize the individual to formulate, determine, or influence the policies of the agency; (12) ‘‘collective bargaining’’ means the per- formance of the mutual obligation of the rep- resentative of an agency and the exclusive rep- resentative of employees in an appropriate unit in the agency to meet at reasonable times and to consult and bargain in a good-faith ef- fort to reach agreement with respect to the conditions of employment affecting such em- ployees 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 pro- posal or to make a concession; (13) ‘‘confidential employee’’ means an em- ployee 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 per- sonnel policies, practices, and matters, wheth- er established by rule, regulation, or other- wise, affecting working conditions, except that such term does not include policies, prac- tices, and matters— (A) relating to political activities prohib- ited under subchapter III of chapter 73 of this title; (B) relating to the classification of any po- sition; or (C) to the extent such matters are specifi- cally provided for by Federal statute; (15) ‘‘professional employee’’ means— (A) an employee engaged in the perform- ance of work— (i) requiring knowledge of an advanced type in a field of science or learning cus- tomarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning Page 854 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7103 or a hospital (as distinguished from knowl- edge acquired by a general academic edu- cation, 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 perform- ance; (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 accom- plished by such work cannot be standard- ized in relation to a given period of time; or (B) an employee who has completed the courses of specialized intellectual instruc- tion and study described in subparagraph (A)(i) of this paragraph and is performing re- lated work under appropriate direction or guidance to qualify the employee as a pro- fessional employee described in subpara- graph (A) of this paragraph; (16) ‘‘exclusive representative’’ means any labor organization which— (A) is certified as the exclusive representa- tive of employees in an appropriate unit pur- suant to section 7111 of this title; or (B) was recognized by an agency imme- diately before the effective date of this chap- ter as the exclusive representative of em- ployees 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 accord- ance with the provisions of this chapter; (17) ‘‘firefighter’’ means any employee en- gaged in the performance of work directly con- nected with the control and extinguishment of fires or the maintenance and use of fire- fighting 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 ex- cluding any agency or subdivision thereof from coverage under this chapter if the President de- termines that— (A) the agency or subdivision has as a pri- mary function intelligence, counterintel- ligence, 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 re- quirements and considerations. (2) The President may issue an order sus- pending any provision of this chapter with re- spect to any agency, installation, or activity lo- cated outside the 50 States and the District of Columbia, if the President determines that the suspension is necessary in the interest of na- tional 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.) Editorial Notes AMENDMENTS 2004—Subsec. (a)(3)(A). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting 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 Agen- cy’’. Subsec. (a)(3). Pub. L. 105–220, in introductory provi- sions, 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 ‘‘De- partment of Veterans Affairs’’ for ‘‘Veterans’ Adminis- tration’’. 1980—Subsec. (a)(2)(iv). Pub. L. 96–465 struck out ‘‘the Agency for International Development, or’’ after ‘‘De- partment of State,’’ and inserted ‘‘the United States International Development Cooperation Agency, the Department of Agriculture, or the Department of Com- merce’’ after ‘‘Communication Agency’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME International Communication Agency, referred to in subsec. (a)(2)(B)(iv), redesignated United States Infor- mation 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 Inter- national 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 au- thority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. 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 Effec- tive 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. Page 855 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7103 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. EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating 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 Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, 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, § 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: 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, counterintel- ligence, 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 sus- pension shall be applicable only to that portion of the agency, installation, or activity which is located out- side 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 Serv- ices, the Library of Congress. 1–203. Agencies or subdivisions of the Department of the Treasury: (a) The Office of Terrorism and Financial Intel- ligence. (b) The Financial Crimes Enforcement Network. (c) Criminal Investigation, Internal Revenue Service. (d) The Trade Analysis and Enforcement Division, Al- cohol 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 (Intel- ligence), 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 Sec- ond Army. (2) Joint Forces Headquarters—Cyber. (3) Army Cyber Operations and Integration Center. (d) United States Army Intelligence Center of Excel- lence (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 Com- mand. (g) 302nd Signal Battalion, 21st Signal Brigade, United States Army Network Enterprise Technology Command. (h) United States Army Criminal Investigation Com- mand (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 Depart- ment 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 Communica- tions 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 De- tachments. (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 Com- Page 856 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7103 mand [now United States Space Force], and the fol- lowing elements under its operational control: (1) 67th Cyberspace Wing. (2) 624th Operations Center. (3) The following subdivisions of the 688th Cyber- space Operations Wing: (A) 318th Cyberspace Operations Group. (B) 688th Cyberspace Operations Group. (4) 5th Combat Communications Group. (b) Headquarters, 25th Air Force, Air Combat Com- mand, and the following wings, groups, and elements under the operational control of the 25th Air Force: (1) 70th Intelligence, Surveillance and Reconnais- sance Wing. (2) 363rd Intelligence, Surveillance and Reconnais- sance Wing. (3) 480th Intelligence, Surveillance and Reconnais- sance Wing. (4) 625th Operations Center. (5) The following subdivisions of the 9th Reconnais- sance 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 Com- mands, 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 Oper- ations Wing, Hurlburt Field, Florida: (A) Mission Support Group. (B) Medical Group. (2) The following groups of the 27th Special Oper- ations 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 Intel- ligence, including all domestic field offices and intel- ligence units, of the Drug Enforcement Administration. b. The Office of Special Operations, the Threat Anal- ysis Group, the Enforcement Operations Division, the Witness Security Division and the Court Security Divi- sion 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 Explo- sives. 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 Counterintel- ligence. (e) The Savannah River Operations Office. 1–211. Offices within the Agency for International De- velopment: (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/Wash- ington. 1–212. Agencies or subdivisions under the authority of the Chairman of the Joint Chiefs of Staff and the Com- manders 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 Com- mand (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—Inte- grated Missile Defense (JFCC IMD). (5) Joint Functional Component Command—Intel- ligence, Surveillance and Reconnaissance (JFCC ISR). (6) USSTRATCOM Center for Combating Weapons of Mass Destruction (SCC WMD). (7) Standing Joint Force Headquarters for Elimi- nation (SJFHQ–E). (8) Joint Warfare Analysis Center (JWAC). (k) United States Special Operations Command (USSOCOM) and all components and sub-unified com- mands under its administrative and operational con- trol, 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 subdivi- sions: (i) The following groups of the 1st Special Oper- ations Wing, Hurlburt Field, Florida: (I) Mission Support Group. (II) Medical Group. (ii) The following groups of the 27th Special Oper- ations Wing, Cannon Air Force Base, New Mexico: (I) Mission Support Group. (II) Medical Group. (D) United States Army Special Operations Com- mand (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 Avia- tion Administration (FAA), Department of Transpor- Page 857 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7103 tation: National Security Coordination Division, Office of Emergency Operations and Investigations, FAA Of- fice 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 Di- rectorate: (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 Coun- tering 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 Se- curity Administration: (1) The Office of Law Enforcement/Federal Air Mar- shal Service. (j) The following office within United States Customs and Border Protection: (1) The Office of Intelligence and Operations Coordi- nation. (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 Op- erations Directorate: (A) The Mobile Emergency Response Support Oper- ations, 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 Per- sonnel Management: (a) The Federal Investigative Services. (b) The National Background Investigations Bureau. (c) Units with a primary Suitability Executive Agent mission, including adjudicating suitability investiga- tions and conducting related policy, advisory services, operations support, and agency oversight. (d) Units with a primary mission of engineering, in- formation 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 In- telligence [now Under Secretary of Defense for Intel- ligence and Security], Department of Defense. 1–220. Field Detachment, Defense Contract Audit Agency, Department of Defense. 1–221. Special Programs Directorate, Defense Con- tract Management Agency, Department of Defense. 1–222. The following subdivisions of the Defense Infor- mation 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 Lo- gistics Agency, Department of Defense: (a) Defense Logistics Agency Intelligence. (b) Joint Logistics Operations Center. (c) Computer Emergency Response Team and Inci- dent Response Branch. 1–224. Strategic Capabilities Office, Department of Defense. 1–3. UNITS OUTSIDE THE 50 STATES AND THE DISTRICT OF COLUMBIA 1–301. The Drug Enforcement Administration, Depart- ment 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 ex- ecuted by making the substitution for ‘‘The Federal In- vestigative Services Division., Office of Personnel Man- agement.’’] 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 Sec- tion 301 of Title 3 of the United States Code, and having determined that it is necessary in the interest of na- tional 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, in- cluding 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 re- spect to any matter which substantially impairs the implementation by the United States Forces of any treaty or agreement, including any minutes or under- standings 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 re- spect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces of any treaty or agreement, in- cluding any minutes or understandings thereto, be- tween 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 under- standings 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 sus- pended with respect to any grievance involving the im- plementation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Govern- ment of the host nation. SEC. 2. Disputes. Disputes between a labor organiza- tion and the United States Forces as to whether a par- ticular matter is covered by one or more of the suspen- sions 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 De- fense, or an Assistant Secretary of Defense. The func- tions assigned to the Secretary of State may not be Page 858 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7103 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 subdivi- sions thereof set forth in Section 3 of this Order are hereby determined to have as a primary function intel- ligence, counterintelligence, investigative, or national security work. It is also hereby determined that Chap- ter 71 of Title 5 of the United States Code cannot be ap- plied to these agencies or subdivisions in a manner con- sistent with national security requirements and consid- erations. 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 Execu- tive 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 in- valid, because it did not expressly set forth these deter- minations. 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 Exec- utive 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 re- mains in effect (as amended). This Order is not in- tended 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. Execu- tive 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 in- telligence units, of the Drug Enforcement Administra- tion. (b) The Office of Special Operations, the Threat Anal- ysis Group, the Enforcement Operations Division, the Witness Security Division and the Court Security Divi- sion 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 subdivi- sions 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 De- partment of Justice set forth in section 2 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or na- tional security work. It is further determined that chapter 71 of title 5, United States Code, cannot be ap- plied 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 sec- tion 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. EX. ORD. NO. 13760. EXCLUSIONS FROM THE FEDERAL LABOR-MANAGEMENT RELATIONS PROGRAM 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 Rela- tions Program, it is hereby ordered as follows: SECTION 1. Determinations. The agencies and subdivi- sions of the Department of Defense set forth in section 2 of this order are hereby determined to have as a pri- mary function intelligence, counterintelligence, inves- tigative, or national security work. It is further deter- mined 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 (Intel- ligence), 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 Cen- ter. [‘‘](d) United States Army Intelligence Center of Ex- cellence (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 Com- mand (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 Page 859 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7103 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 De- partment and subordinate activities, United States Ma- rine Corps. [‘‘](e) Marine Forces Cyber Command, United States Marine Corps. [‘‘](f) Naval Computer and Telecommunications Sta- tion, San Diego, Detachment, Naval Strategic Commu- nications Unit, Tinker Air Force Base. [‘‘](g) Naval Information Force Reserve, Navy Re- serve 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 Sys- tem.’’; (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 Com- mand [now United States Space Force], and the fol- lowing elements under its operational control: [‘‘](1) 67th Cyberspace Wing. [‘‘](2) 624th Operations Center. [‘‘](3) The following subdivisions of the 688th Cyber- space Operations Wing: [‘‘](A) 318th Cyberspace Operations Group. [‘‘](B) 688th Cyberspace Operations Group. [‘‘](4) 5th Combat Communications Group. [‘‘](b) Headquarters, 25th Air Force, Air Combat Com- mand, and the following wings, groups, and elements under the operational control of the 25th Air Force: [‘‘](1) 70th Intelligence, Surveillance and Recon- naissance Wing. [‘‘](2) 363rd Intelligence, Surveillance and Recon- naissance Wing. [‘‘](3) 480th Intelligence, Surveillance and Recon- naissance Wing. [‘‘](4) 625th Operations Center. [‘‘](5) The following subdivisions of the 9th Recon- naissance 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 Com- mands, 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 subdivi- sions: [‘‘](1) The following groups of the 1st Special Oper- ations Wing, Hurlburt Field, Florida: [‘‘](A) Mission Support Group. [‘‘](B) Medical Group. [‘‘](2) The following groups of the 27th Special Oper- ations 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 Train- ing 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 De- fense.’’; (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 com- mand, 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—In- tegrated Missile Defense (JFCC IMD). [‘‘](5) Joint Functional Component Command—In- telligence, Surveillance and Reconnaissance (JFCC ISR). [‘‘](6) USSTRATCOM Center for Combating Weap- ons of Mass Destruction (SCC WMD). [‘‘](7) Standing Joint Force Headquarters for Elimi- nation (SJFHQ–E). [‘‘](8) Joint Warfare Analysis Center (JWAC). [‘‘](k) United States Special Operations Command (USSOCOM) and all components and sub-unified com- mands under its administrative and operational con- trol, 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 subdivi- sions: [‘‘](i) The following groups of the 1st Special Op- erations 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 Mex- ico: [‘‘](I) Mission Support Group. [‘‘](II) Medical Group. [‘‘](D) United States Army Special Operations Com- mand (USASOC). [‘‘](2) Sub-unified Commands: [‘‘](A) Joint Special Operations Command (JSOC). [‘‘](B) Special Operations Command Korea (SOCKOR). [‘‘](C) Special Operations Command Europe (SOCEUR). Page 860 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7104 [‘‘](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 sec- tions: ‘‘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 Con- tract Management Agency, Department of Defense. [‘‘]1–222. The following subdivisions of the Defense In- formation Systems Agency, Department of Defense: [‘‘](a) Joint Force Headquarters—Department of De- fense 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 Inci- dent 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 de- partment or agency, or the head thereof, or the status of that department or agency within the Federal Gov- ernment; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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. DELEGATION OF CERTAIN AUTHORITY UNDER THE FED- ERAL SERVICE LABOR-MANAGEMENT RELATIONS STAT- UTE Memorandum of President of the United States, Jan. 29, 2020, 85 F.R. 10033, which delegated to the Secretary of Defense authority under subsec. (b)(1) and (2) of this section to issue orders excluding Department of De- fense agencies or subdivisions thereof from Federal Service Labor-Management Relations Act coverage, was revoked by Ex. Ord. No. 14018, § 1, Feb. 24, 2021, 86 F.R. 11855. § 7104. Federal Labor Relations Authority (a) The Federal Labor Relations Authority is composed of three members, not more than 2 of whom may be adherents of the same political party. No member shall engage in any other business or employment or hold another office or position in the Government of the United States except as otherwise provided by law. (b) Members of the Authority shall be ap- pointed by the President by and with the advice and consent of the Senate, and may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office. The President shall des- ignate one member to serve as Chairman of the Authority. The Chairman is the chief executive and administrative officer of the Authority. (c) A member of the Authority shall be ap- pointed for a term of 5 years. An individual cho- sen to fill a vacancy shall be appointed for the unexpired term of the member replaced. The term of any member shall not expire before the earlier of— (1) the date on which the member’s successor takes office, or (2) the last day of the Congress beginning after the date on which the member’s term of office would (but for this paragraph) expire. (d) A vacancy in the Authority shall not im- pair the right of the remaining members to exer- cise all of the powers of the Authority. (e) The Authority shall make an annual report to the President for transmittal to the Congress which shall include information as to the cases it has heard and the decisions it has rendered. (f)(1) The General Counsel of the Authority shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The General Counsel may be removed at any time by the President. The General Coun- sel shall hold no other office or position in the Government of the United States except as pro- vided by law. (2) The General Counsel may— (A) investigate alleged unfair labor practices under this chapter, (B) file and prosecute complaints under this chapter, and (C) exercise such other powers of the Author- ity as the Authority may prescribe. (3) The General Counsel shall have direct au- thority over, and responsibility for, all employ- ees in the office of General Counsel, including employees of the General Counsel in the re- gional offices of the Authority. (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1196; amended Pub. L. 98–224, § 3, Mar. 2, 1984, 98 Stat. 47.) Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–224, § 3(a), inserted provi- sion directing that Chairman be chief executive and ad- ministrative officer. Subsec. (c). Pub. L. 98–224, § 3(b), substituted provi- sion that a member of Authority be appointed for a term of 5 years and an individual chosen to fill a va- cancy be appointed for unexpired term of member re- placed for provision that one original member of Au- thority be appointed for a term of 1 year, one for a term of 3 years, and Chairman for a term of 5 years, and thereafter each member be appointed for a term of 5 years. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.