[Federal Register Volume 90, Number 63 (Thursday, April 3, 2025)]
[Presidential Documents]
[Pages 14553-14557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05836]
Presidential Documents
Federal Register / Vol. 90, No. 63 / Thursday, April 3, 2025 /
Presidential Documents
[[Page 14553]]
Executive Order 14251 of March 27, 2025
Exclusions From Federal Labor-Management
Relations Programs
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including sections 7103(b)(1) of title 5 and
4103(b) of title 22, United States Code, to enhance the
national security of the United States, it is hereby
ordered:
Section 1. Determinations. (a) 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.
(b) The agency subdivisions 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 Subchapter X of Chapter 52 of
title 22, United States Code, cannot be applied to
these subdivisions in a manner consistent with national
security requirements and considerations.
Sec. 2. Additional National Security Exclusions.
Executive Order 12171 of November 19, 1979, as amended,
is further amended by:
(a) In section 1-101, adding ``and Section 1-4''
after ``Section 1-2'' in both places that term appears.
(b) Adding after section 1-3 a new section 1-4 that
reads:
``1-4. Additional Exclusions.
1-401. The Department of State.
1-402. The Department of Defense, except for any subdivisions excluded
pursuant to section 4 of the Executive Order of March 27, 2025, entitled
`Exclusions from Federal Labor-Management Relations Programs.'
1-403. The Department of the Treasury, except the Bureau of Engraving and
Printing.
1-404. The Department of Veterans Affairs.
1-405. The Department of Justice.
1-406. Agencies or subdivisions of the Department of Health and Human
Services:
(a) Office of the Secretary.
(b) Food and Drug Administration.
(c) Centers for Disease Control and Prevention.
(d) Administration for Strategic Preparedness and Response.
(e) Office of the General Counsel.
(f) Office of Refugee Resettlement, Administration for Children and
Families.
(g) National Institute of Allergy and Infectious Diseases, National
Institutes of Health.
1-407. Agencies or subdivisions of the Department of Homeland Security:
[[Page 14554]]
(a) Office of the Secretary.
(b) Office of the General Counsel.
(c) Office of Strategy, Policy, and Plans.
(d) Management Directorate.
(e) Science and Technology Directorate.
(f) Office of Health Security.
(g) Office of Homeland Security Situational Awareness.
(h) U.S. Citizenship and Immigration Services.
(i) United States Immigration and Customs Enforcement.
(j) United States Coast Guard.
(k) Cybersecurity and Infrastructure Security Agency.
(l) Federal Emergency Management Agency.
1-408. Agencies or subdivisions of the Department of the Interior:
(a) Office of the Secretary.
(b) Bureau of Land Management.
(c) Bureau of Safety and Environmental Enforcement.
(d) Bureau of Ocean Energy Management.
1-409. The Department of Energy, except for the Federal Energy Regulatory
Commission.
1-410. The following agencies or subdivisions of the Department of
Agriculture:
(a) Food Safety and Inspection Service.
(b) Animal and Plant Health Inspection Service.
1-411. The International Trade Administration, Department of Commerce.
1-412. The Environmental Protection Agency.
1-413. The United States Agency for International Development.
1-414. The Nuclear Regulatory Commission.
1-415. The National Science Foundation.
1-416. The United States International Trade Commission.
1-417. The Federal Communications Commission.
1-418. The General Services Administration.
1-419. The following agencies or subdivisions of each Executive department
listed in section 101 of title 5, United States Code, the Social Security
Administration, and the Office of Personnel Management:
(a) Office of the Chief Information Officer.
(b) any other agency or subdivision that has information resources
management duties as the agency or subdivision's primary duty.
1-499. Notwithstanding the forgoing, nothing in this section shall exempt
from the coverage of Chapter 71 of title 5, United States Code:
(a) the immediate, local employing offices of any agency police officers,
security guards, or firefighters, provided that this exclusion does not
apply to the Bureau of Prisons;
(b) subdivisions of the United States Marshals Service not listed in
section 1-209 of this order; or
(c) any subdivisions of the Departments of Defense or Veterans Affairs
for which the applicable Secretary has issued an order suspending the
application of this section pursuant to section 4 of the Executive Order
[[Page 14555]]
of March 27, 2025, entitled `Exclusions from Federal Labor-Management
Relations Programs.' ''
Sec. 3. Foreign Service Exclusions. Executive Order
12171, as amended, is further amended by:
(a) In the first paragraph:
(i) adding ``and Section 4103(b) of Title 22,'' after ``Title 5''; and
(ii) adding ``and Subchapter X of Chapter 52 of Title 22'' after
``Relations Program.''
(b) Adding after section 1-102 a new section 1-103
that reads:
``1-103. The Department subdivisions set forth in section 1-5 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 Subchapter X of Chapter 52 of title 22, United
States Code, cannot be applied to those subdivisions in a manner consistent
with national security requirements and considerations. The subdivisions
set forth in section 1-5 of this order are hereby excluded from coverage
under Subchapter X of Chapter 52 of title 22, United States Code.''
(c) Adding after the new section 1-4 added by
section 2(b) of this order a new section 1-5 that
reads:
``1-5. Subdivisions of Departments Employing
Foreign Service Officers.
1-501. Subdivisions of the Department of State:
(a) Each subdivision reporting directly to the Secretary of State.
(b) Each subdivision reporting to the Deputy Secretary of State.
(c) Each subdivision reporting to the Deputy Secretary of State for
Management and Resources.
(d) Each subdivision reporting to the Under Secretary for Management.
(e) Each subdivision reporting to the Under Secretary for Arms Control
and International Security.
(f) Each subdivision reporting to the Under Secretary for Civilian
Security, Democracy, and Human Rights.
(g) Each subdivision reporting to the Under Secretary for Economic
Growth, Energy, and Environment.
(h) Each subdivision reporting to the Under Secretary for Political
Affairs.
(i) Each subdivision reporting to the Under Secretary for Public
Diplomacy.
(j) Each United States embassy, consulate, diplomatic mission, or office
providing consular services.
1-502. Subdivisions of the United States Agency for International
Development:
(a) All Overseas Missions and Field Offices.
(b) Each subdivision reporting directly to the Administrator.
(c) Each subdivision reporting to the Deputy Administrator for Policy and
Programming.
(d) Each subdivision reporting to the Deputy Administrator for Management
and Resources.''.
Sec. 4. Delegation of Authority to the Secretaries of
Defense and Veterans Affairs. (a) Subject to the
requirements of subsection (b) of this section, the
Secretaries of Defense and Veterans Affairs are
delegated authority under 5 U.S.C. 7103(b)(1) to issue
orders suspending the application of section 1-402 or
1-404 of Executive Order 12171, as amended, to any
subdivisions of the departments they supervise, thereby
bringing such subdivisions under the coverage of the
Federal Service Labor-Management Relations Statute.
(b) An order described in subsection (a) of this
section shall only be effective if:
[[Page 14556]]
(i) the applicable Secretary certifies to the President that the provisions
of the Federal Service Labor-Management Relations Statute can be applied to
such subdivision in a manner consistent with national security requirements
and considerations; and
(ii) such certification is submitted for publication in the Federal
Register within 15 days of the date of this order.
Sec. 5. Delegation of Authority to the Secretary of
Transportation. (a) The national security interests of
the United States in ensuring the safety and integrity
of the national transportation system require that the
Secretary of Transportation have maximum flexibility to
cultivate an efficient workforce at the Department of
Transportation that is adaptive to new technologies and
innovation. Where collective bargaining is incompatible
with that mission, the Department of Transportation
should not be forced to seek relief through grievances,
arbitrations, or administrative proceedings.
(b) The Secretary of Transportation is therefore
delegated authority under section 7103(b) of title 5,
United States Code, to issue orders excluding any
subdivision of the Department of Transportation,
including the Federal Aviation Administration, from
Federal Service Labor-Management Relations Statute
coverage or suspending any provision of that law with
respect to any Department of Transportation
installation or activity located outside the 50 States
and the District of Columbia. This authority may not be
further delegated. When making the determination
required by 5 U.S.C. 7103(b)(1) or 7103(b)(2), the
Secretary of Transportation shall publish his
determination in the Federal Register.
Sec. 6. Implementation. With respect to employees in
agencies or subdivisions thereof that were previously
part of a bargaining unit but have been excepted under
this order, each applicable agency head shall, upon
termination of the applicable collective bargaining
agreement:
(a) reassign any such employees who performed non-
agency business pursuant to section 7131 of title 5 or
section 4116 of title 22, United States Code, to
performing solely agency business; and
(b) terminate agency participation in any pending
grievance proceedings under section 7121 of title 5,
United States Code, exceptions to arbitral awards under
section 7122 of title 5, United States Code, or unfair
labor practice proceedings under section 7118 of title
5 or section 4116 of title 22, United States Code, that
involve such employees.
Sec. 7. Additional Review. Within 30 days of the date
of this order, the head of each agency with employees
covered by Chapter 71 of title 5, United States Code,
shall submit a report to the President that identifies
any agency subdivisions not covered by Executive Order
12171, as amended:
(a) that have as a primary function intelligence,
counterintelligence, investigative, or national
security work, applying the definition of ``national
security'' set forth by the Federal Labor Relations
Authority in Department of Energy, Oak Ridge
Operations, and National Association of Government
Employees Local R5-181, 4 FLRA 644 (1980); and
(b) for which the agency head believes the
provisions of Chapter 71 of title 5, United States
Code, cannot be applied to such subdivision in a manner
consistent with national security requirements and
considerations, and the reasons therefore.
Sec. 8. 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
[[Page 14557]]
against the United States, its departments, agencies,
or entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
March 27, 2025.
[FR Doc. 2025-05836
Filed 4-2-25; 8:45 am]
Billing code 3395-F4-P