Exclusions From the Federal Labor-management Relations Program
Signed November 26, 2008·George W. Bush·73 FR 73991
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Amends Executive Order 12171 to update the lists of federal agency subdivisions excluded from the Federal Labor-Management Relations Program because their primary function involves intelligence, counterintelligence, investigative, or national security work. It determines that applying standard labor-management rules to these units would conflict with national security needs. The order revises the exempted subdivisions within the Departments of Energy, Homeland Security, Justice, Transportation, and the Treasury, reflecting agency reorganizations. Specific offices named include the National Nuclear Security Administration, various Department of Homeland Security intelligence, security, and enforcement offices (including Coast Guard, Immigration and Customs Enforcement, Customs and Border Protection, and Federal Emergency Management Agency units), the Justice Department's National Security Division and Bureau of Alcohol, Tobacco, Firearms, and Explosives, a Federal Aviation Administration security division, and Treasury units such as the Office of Terrorism and Financial Intelligence and Financial Crimes Enforcement Network. The order states it creates no enforceable legal rights for any party.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
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 Departments of Energy, Homeland Security, Justice, Transportation, and the Treasury on their subdivisions exempted from coverage under the Federal Labor- Management Relations Program, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amends: EO 12171, November 19, 1979
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13480 of November 26, 2008
Exclusions From the Federal Labor-management
Relations Program
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
Departments of Energy, Homeland Security, Justice,
Transportation, and the Treasury on their subdivisions
exempted from coverage under the Federal Labor-
Management Relations Program, it is hereby ordered as
follows:
Section 1. Determinations. The subdivisions of the
Departments of Energy, Homeland Security, Justice,
Transportation, and the Treasury set forth in sections
2 through 6 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 Energy. Executive Order 12171 of
November 19, 1979, as amended, is further amended by
revising section 1-210 to read as follows:
“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.”
Sec. 3. Department of Homeland Security. Executive
Order 12171 of November 19, 1979, as amended, is
further amended by revising section 1-214 to read as
follows:
“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.
(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. 4. Department of Justice. Executive Order 12171 of
November 19, 1979, as amended, is further amended by:
(a) revising subsection (g) of section 1-209 to
read as follows:
“(g) National Security Division.”; and
(b) adding to the end of section 1-209 the
following new subsection:
“(h) Bureau of Alcohol, Tobacco, Firearms, and Explosives.”
Sec. 5. Department of Transportation. Executive Order
12171 of November 19, 1979, as amended, is further
amended by revising section 1-213 to read as follows:
“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.”
Sec. 6. Department of the Treasury. Executive Order
12171 of November 19, 1979, as amended, is further
amended by revising section 1-203 to read as follows:
“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.“
Sec. 7. 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 agencies, instrumentalities, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
November 26, 2008.Reproduced from the Federal Register plain-text record, signed November 26, 2008. Typesetting artifacts are removed; no wording is changed.