Further Exclusions from the Federal Labor-Management Relations Program
This Presidential Order further amends Executive Order 12171, excluding additional agencies and subdivisions from the Federal Labor-Management Relations Program due to their primary focus on intelligence, counterintelligence, investigative, or national security work.
The order also extends a deadline for implementing the exclusions under Executive Order 14251 and includes a severability clause to ensure the order's remaining provisions remain valid if parts are challenged.
Arguments For
Enhanced National Security: The order enhances national security by excluding certain agencies from the Federal Labor-Management Relations Program, aligning with the President's constitutional authority to protect national security.
Consistency with National Security Requirements: The determination that Chapter 71 of Title 5, United States Code cannot be applied to specific agencies maintains consistency between labor relations and national security needs.
Clear Agency Designations: The order provides clear designation of agencies excluded from the program, reducing ambiguity and potential disputes.
Deadline Extension for Practical Implementation: The extension of the deadline for implementing orders under Executive Order 14251 allows for more effective and practical implementation.
Arguments Against
Potential for Labor Disputes: Excluding agencies from the Federal Labor-Management Relations Program could lead to increased labor disputes and decreased employee morale in those agencies.
Impact on Employee Rights: The exclusions could potentially limit the rights and protections typically afforded to federal employees under the Federal Labor-Management Relations Program.
Limited Transparency and Accountability: The order may lead to reduced transparency and accountability in decision-making within the involved agencies.
Unintended Consequences: The exclusions could have unintended consequences on agency operations and efficiency, without sufficient assessment of potential negative impacts.
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, to enhance the national security of the United States, it is hereby ordered:
This introductory paragraph establishes the legal basis for the order, citing the President's constitutional authority and a specific section of the U.S. Code (Title 5, Section 7103(b)(1)).
The stated purpose is to improve U.S. national security.
Section 1. Determinations. The agencies and agency subdivisions set forth in section 2 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Chapter 71 of title 5, United States Code, cannot be applied to these agencies and agency subdivisions in a manner consistent with national security requirements and considerations.
This section identifies agencies and subdivisions (listed in Section 2) with primarily intelligence, counterintelligence, or national security roles.
It declares those agencies are excluded from Chapter 71 of Title 5, as it's deemed incompatible with national security needs in these cases.
Sec. 2. National Security Exclusions. Executive Order 12171 of November 19, 1979, as amended, is further amended by:
(a) In section 1-408, adding at the end:
“Units in the Bureau of Reclamation with primary responsibility for operating, managing, or maintaining hydropower facilities.”;
(b) Revising section 1-411 to read:
“1-411. Agencies or subdivisions of the Department of Commerce:
(a) The International Trade Administration.
(b) Office of the Commissioner for Patents and subordinate units, Patent and Trademark Office.
(c) The following subdivisions of the National Oceanic and Atmospheric Administration:
(1) National Environmental Satellite, Data, and Information Service.
(2) National Weather Service.”; and
(c) Adding the following after section 1-419:
“1-420. The National Aeronautics and Space Administration.
1-421. The United States Agency for Global Media.”.
Section 2 details the specific amendments to Executive Order 12171.
It adds the Bureau of Reclamation's hydropower units, revises the Commerce Department's included entities, and adds NASA and the U.S. Agency for Global Media to the list of exclusions.
Sec. 3. Extension of Deadline. Any order published by the Secretaries of Defense and Veterans Affairs pursuant to section 4 of Executive Order 14251 of March 27, 2025 (Exclusions from Federal Labor-Management Relations Programs), shall have full force and effect if it is issued prior to the date that is 15 days from the date of this order, notwithstanding section 4(b)(ii) of Executive Order 14251.
This section extends the deadline for orders issued by the Secretaries of Defense and Veterans Affairs under Executive Order 14251 by 15 days from the date of this order, overriding a previous deadline.
Sec. 4. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby.
This is a standard severability clause, stating that if any part of the order is deemed invalid, the remaining parts will remain in effect.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Section 5 includes general provisions.
Subsection (a) clarifies that the order does not diminish existing legal authority.
Subsection (b) emphasizes compliance with existing law and budgetary constraints.
Subsection (c) states that the order does not create any new legal rights.
DONALD J. TRUMP
THE WHITE HOUSE,
August 28, 2025.
This section shows the signature and date of the Presidential Order.
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