By the power granted to me as President under the Constitution and U.S. laws, notably sections 7103(b)(1) of Title 5 and 4103(b) of Title 22, I hereby enact the following measures to bolster the national security of the United States:
Section 1. Determinations
(a) The agencies and their subdivisions identified in Section 2 of this order are recognized primarily for their roles in intelligence, counterintelligence, investigative, or national security functions. It is further established that Chapter 71 of Title 5, United States Code, is not applicable to these agencies in a manner that aligns with national security needs and considerations.
(b) Similarly, the agency subdivisions listed in Section 3 of this order are confirmed to have intelligence, counterintelligence, investigative, or national security as their primary functions. Additionally, Subchapter X of Chapter 52 of Title 22, United States Code, is deemed inapplicable to these subdivisions in a way that adheres to national security requirements and considerations.
Sec. 2. Additional National Security Exclusions
Executive Order 12171, issued on November 19, 1979, is hereby amended as follows:
(a) In section 1-101, the phrase “and Section 1-4” shall be added after “Section 1-2” wherever it appears.
(b) A new section 1-4 is introduced as follows:
“1-4. Additional Exclusions.
1-401. The Department of State.
1-402. The Department of Defense, with the exception of any subdivisions exempt as per section 4 of the Executive Order dated March 27, 2025, titled ‘Exclusions from Federal Labor-Management Relations Programs.’
1-403. The Department of the Treasury, excluding 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, including:
- Office of the Secretary.
- Food and Drug Administration.
- Centers for Disease Control and Prevention.
- Administration for Strategic Preparedness and Response.
- Office of the General Counsel.
- Office of Refugee Resettlement, Administration for Children and Families.
- National Institute of Allergy and Infectious Diseases, National Institutes of Health.
1-407. Agencies or subdivisions within the Department of Homeland Security, such as:
- Office of the Secretary.
- Office of the General Counsel.
- Office of Strategy, Policy, and Plans.
- Management Directorate.
- Science and Technology Directorate.
- Office of Health Security.
- Office of Homeland Security Situational Awareness.
- U.S. Citizenship and Immigration Services.
- United States Immigration and Customs Enforcement.
- United States Coast Guard.
- Cybersecurity and Infrastructure Security Agency.
- Federal Emergency Management Agency.
1-408. Agencies or subdivisions of the Department of the Interior, including:
- Office of the Secretary.
- Bureau of Land Management.
- Bureau of Safety and Environmental Enforcement.
- Bureau of Ocean Energy Management.
1-409. The Department of Energy, excluding the Federal Energy Regulatory Commission.
1-410. The following agencies or subdivisions from the Department of Agriculture:
- Food Safety and Inspection Service.
- 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 subdivisions from each Executive department listed in section 101 of Title 5, United States Code, including the Social Security Administration and the Office of Personnel Management:
- Office of the Chief Information Officer.
- Any other agency or subdivision where information resources management is the primary duty.
1-499. Despite the aforementioned, 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 agency police officers, security guards, or firefighters, except for the Bureau of Prisons;
- (b) subdivisions of the United States Marshals Service not mentioned 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 to suspend the application of this section as per section 4 of the Executive Order dated March 27, 2025, titled ‘Exclusions from Federal Labor-Management Relations Programs.’
Sec. 3. Foreign Service Exclusions
Executive Order 12171 is further amended by:
(a) Adding “and Section 4103(b) of Title 22,” after “Title 5” in the first paragraph, and “and Subchapter X of Chapter 52 of Title 22” after “Relations Program.”.
(b) Introducing a new section 1-103, which states:
“1-103. The departmental subdivisions listed in section 1-5 of this order are recognized for their primary functions in intelligence, counterintelligence, investigative, or national security work. It is also established 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. The subdivisions in section 1-5 are therefore excluded from the coverage under this Subchapter.”
(c) Adding a new section 1-5 after section 1-4, which reads:
“1-5. Subdivisions of Departments Employing Foreign Service Officers.
1-501. Subdivisions of the Department of State:
- Each subdivision reporting directly to the Secretary of State.
- Each subdivision reporting to the Deputy Secretary of State.
- Each subdivision reporting to the Deputy Secretary of State for Management and Resources.
- Each subdivision reporting to the Under Secretary for Management.
- Each subdivision reporting to the Under Secretary for Arms Control and International Security.
- Each subdivision reporting to the Under Secretary for Civilian Security, Democracy, and Human Rights.
- Each subdivision reporting to the Under Secretary for Economic Growth, Energy, and Environment.
- Each subdivision reporting to the Under Secretary for Political Affairs.
- Each subdivision reporting to the Under Secretary for Public Diplomacy.
- Each United States embassy, consulate, diplomatic mission, or office providing consular services.
1-502. Subdivisions of the United States Agency for International Development:
- All Overseas Missions and Field Offices.
- Each subdivision reporting directly to the Administrator.
- Each subdivision reporting to the Deputy Administrator for Policy and Programming.
- 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) The Secretaries of Defense and Veterans Affairs are delegated the 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 they oversee, thus incorporating those subdivisions under the Federal Service Labor-Management Relations Statute.
(b) An order described in subsection (a) shall only take effect if:
- (i) the respective Secretary certifies to the President that the provisions of the Federal Service Labor-Management Relations Statute can be applied to such subdivisions without compromising national security requirements and considerations; and
- (ii) such certification is published in the Federal Register within 15 days of this order.
Sec. 5. Delegation of Authority to the Secretary of Transportation
(a) To safeguard the national security and ensure the integrity of the national transportation system, the Secretary of Transportation requires maximum flexibility to foster an efficient workforce at the Department of Transportation that can adapt to emerging technologies and innovations. When collective bargaining conflicts with this mission, the Department should not be compelled to resolve issues through grievances, arbitrations, or administrative proceedings.
(b) Consequently, the Secretary of Transportation is granted 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 concerning any Department of Transportation facility or operation located outside the 50 States and the District of Columbia. This authority is non-delegable. The Secretary must publish their determination in the Federal Register.
Sec. 6. Implementation
For employees in agencies or subdivisions previously part of a bargaining unit but now exempt under this order, each relevant agency head shall, upon termination of the applicable collective bargaining agreement:
- (a) reassign any employees who conducted non-agency business as per section 7131 of Title 5 or section 4116 of Title 22 to focus exclusively on agency business; and
- (b) terminate agency involvement in any ongoing grievance proceedings as outlined in section 7121 of Title 5, exceptions to arbitral awards under section 7122 of Title 5, or unfair labor practice proceedings under section 7118 of Title 5 or section 4116 of Title 22 that involve these employees.
Sec. 7. Additional Review
Within 30 days 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 identifying any agency subdivisions not covered by Executive Order 12171, as amended:
- (a) that primarily focus on intelligence, counterintelligence, investigative, or national security work, adhering to the definition of “national security” as established 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 asserts that the provisions of Chapter 71 of Title 5, United States Code, cannot be implemented in a manner consistent with national security requirements, along with the justification for this assertion.
Sec. 8. General Provisions
(a) This order shall not be interpreted to impair or affect:
- (i) the authority vested by law in any executive department or agency, or its head; or
- (ii) the functions of the Director of the Office of Management and Budget concerning budgetary, administrative, or legislative proposals.
(b) This order shall be executed in accordance with applicable law and contingent upon the availability of appropriations.
(c) This order does not create any right or benefit, substantive or procedural, enforceable by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other individual.
DONALD J. TRUMP
THE WHITE HOUSE,
March 27, 2025.
