5 U.S. Code § 7103 - Definitions; application

whose employment in an section 7116 of this title and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Federal Labor Relations Authority ;

but does not include— an alien or noncitizen of the (ii) a member of the uniformed services; any person who participates in a strike in violation of section 7311 of this title;

(3) “section 2105(c) of this title and the Veterans’ Canteen Service, Department of Veterans Affairs ), the Library of Congress , the Government Publishing Office, and the Smithsonian Institution [1] but does not include—

the Government Accountability Office ; the Federal Bureau of Investigation ; the Central Intelligence Agency ; the National Security (E) the Tennessee Valley Authority ; the Federal Labor Relations Authority ; the Federal Service Impasses Panel; or the United States Secret Service and the United States Secret Service Uniformed Division.

(4) “labor organization” means an organization composed in whole or in part of dues, and which has as a purpose the dealing with an grievances and conditions of employment, but does not include—

an organization which, by its constitution, 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;

an organization which advocates the overthrow of the constitutional form of government of the (C) an organization sponsored by an (D) an organization which participates in the conduct of a strike against the Government or any (5) “dues” means dues, fees, and assessments; “Authority” means the Federal Labor Relations Authority described in section 7104(a) of this title; “Panel” means the Federal Service Impasses Panel described in section 7119(c) of this title;

“collective bargaining agreement” means an agreement entered into as a result of collective bargaining pursuant to the provisions of this chapter;

(9) “grievance” means any complaint— by any employee concerning any matter relating to the employment of the employee; by any labor organization concerning any matter relating to the employment of any employee; or (C) by any employee, labor organization, or (i) the effect or interpretation, or a claim of breach, of a collective bargaining agreement; or

any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment;

“supervisor” means an individual employed by an grievances, or to effectively recommend such action, if the exercise of thefirefighters or nurses, the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising such authority;

“management official” means an individual employed by an agency;

“collective bargaining” means the performance of the mutual obligation of the representative of an exclusive representative of conditions of employment affecting suchcollective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession;

“confidential employee” means an employee 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 personnel policies, practices, and matters, whether established by rule, regulation, or otherwise, affecting working conditions, except that such term does not include policies, practices, and matters—

relating to political activities prohibited under subchapter III of chapter 73 of this title; relating to the classification of any position; or to the extent such matters are specifically provided for by Federal statute; (A) an employee engaged in the performance of work—

requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital (as distinguished from knowledge acquired by a general academic education, or from an apprenticeship, or from training in the performance of routine mental, manual, mechanical, or physical activities);

requiring the consistent exercise of discretion and judgment in its performance;

which is predominantly intellectual and varied in character (as distinguished from routine mental, manual, mechanical, or physical work); and

which is of such character that the output produced or the result accomplished by such work cannot be standardized in relation to a given period of time; or

an employee who has completed the courses of specialized intellectual instruction and study described in subparagraph (A)(i) of this paragraph and is performing related work under appropriate direction or guidance to qualify the employee as a professional employee described in subparagraph (A) of this paragraph;

(16) “exclusive representative” means any (A) is certified as the exclusive representative ofsection 7111 of this title; or (B) was recognized by an exclusive representative of (i) on the basis of an election, or on any basis other than an election, and continues to be so recognized in accordance with the provisions of this chapter;

“firefighter” means any employee engaged in the performance of work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment; and

“Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.

(1) The President may issue an order excluding any (A) the provisions of this chapter cannot be applied to that (2)
[1] So in original. Probably should be followed by a comma.
Editorial Notes Amendments

2004—Subsec. (a)(3)(A). Pub. L. 108–271 substituted “ Government Accountability Office ” for “General Accounting Office”.

2000—Subsec. (a)(3)(H). Pub. L. 106–554 added subpar. (H).

1998—Subsec. (a)(2)(B)(iv). Pub. L. 105–277 substituted Pub. L. 105–220, in introductory provisions, 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 “ Department of Veterans Affairs ” for “Veterans’ Administration”.

Change of Name

“Government Publishing Office” substituted for “ Government Printing Office ” in subsec. (a)(3) onsection 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 Effective 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.

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 section 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 , including the functions of the Secretary of the Treasury relating 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 Reorganization 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 Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Ex. Ord. No. 12171. Exclusions From Coverage of Program

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, counterintelligence, investigative, or national security work. It is also hereby determined that Chapter 71 of Title 5 of theChapter 71 of Title 5 of theChapter 71 of Title 5 of the 1–2. Exclusions

1–201. The Information Security Oversight Office, General Services Administration .

1–202. The Federal Research Division, Research Services, the Library of Congress .

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 .

1–204. Agencies or subdivisions of the Department of the Army , Department of Defense :

(a) Office of the Deputy Chief of Staff, G–2 (Intelligence), and all G–2 Intelligence offices within Army Commands, Army Service Component Commands, and Direct Reporting Units .

(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.

(e) Marine Forces Cyber Command, United States Marine Corps .

(f) Naval Computer and Telecommunications Station, San Diego, Detachment, Naval Strategic Communications 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 Detachments.

(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 Command [nowAir Combat Command , and the following wings, groups, and elements under the operational control of the 25th Air Force:

(1) 70th Intelligence, Surveillance and Reconnaissance Wing.

(2) 363rd Intelligence, Surveillance and Reconnaissance Wing.

(3) 480th Intelligence, Surveillance and Reconnaissance Wing.

(4) 625th Operations Center.

(5) The following subdivisions of the 9th Reconnaissance 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, 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 Operations Wing, Hurlburt Field, Florida:

(A) Mission Support Group.

(B) Medical Group.

(2) The following groups of the 27th Special Operations 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 Department of Defense .

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 intelligence units, of the Drug Enforcement Administration .

b. The Office of Special Operations, the Threat Analysis Group, the Enforcement Operations Division, the Witness Security Division and the Court Security Division in the Office of the Director and the Enforcement Division in Offices of the United States Marshals Service .

(e) INTERPOL—U.S. National Central Bureau.

(f) National Drug Intelligence Center.

(g) National Security Division .

(h) Bureau of Alcohol, Tobacco, Firearms, and Explosives.

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.

(a) Office of the Chairman of the Joint Chiefs of Staff (OCJCS) and the Joint Staff .

(i) The following groups of the 1st Special Operations 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 Mexico:

(I) Mission Support Group.

(II) Medical Group.

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 [now Countering 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 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. 1–215. National Geospatial-Intelligence Agency (NGA), Department of Defense .

1–216. Agencies or subdivisions of the Office of Personnel Management :

(a) The Federal Investigative Services.

(b) The National Background Investigations Bureau.

(c) Units with a primary Suitability Executive Agent mission, including adjudicating suitability investigations and conducting related policy, advisory services, operations support, and 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 [now Under Secretary of Defense for Intelligence and Security], Department of Defense .

1–220. Field Detachment, Defense Contract Audit Agency , Department of Defense .

1–221. Special Programs Directorate, Defense Contract Management Agency , Department of Defense .

1–222. The following subdivisions of the Defense Information Systems Agency , Department of Defense :

(a) Joint Force Headquarters— Department of Defense Information Networks.

(a) Defense Logistics Agency Intelligence.

(b) Joint Logistics Operations Center.

(c) Computer Emergency Response Team and Incident 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 , Department 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 executed by making the substitution for “The Federal Investigative Services Division., Office of Personnel Management .”]

Ex. Ord. No. 12391. Partial Suspension of Federal Service Labor-Management Relations

Section 1. Suspensions. With regard toDepartment of Defense , including the Military Departments, who are employed outside the5 U.S.C. 7103(a)(18), with the exception of those employed in the Republic of Panama:

Ronald Reagan. Ex. Ord. No. 12632. Exclusions From Federal Labor-Management Relations Program

By virtue of the Section 7103(b) of Title 5 of the Section 1. Determinations. The agencies or subdivisions thereof 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 Chapter 71 of Title 5 of theChapter 71 of Title 5 of the 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 Executive 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 aExecutive 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 Executive 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 remains in effect (as amended). This Order is not intended 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. Executive 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 intelligence units, of the Drug Enforcement Administration .

(b) The Office of Special Operations, the Threat Analysis Group, the Enforcement Operations Division, the Witness Security Division and the Court Security Division in the Office of the Director and the Enforcement Division in Offices of the United States Marshals Service .

Ronald Reagan. Ex. Ord. No. 13252. Exclusions From the Federal Labor-Management Relations Program

Section 1. Determinations. The subdivisions of the Department of Justice 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 further determined that chapter 71 of title 5, 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 section 1–209 the following new subsections:

[“](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

Section 1. Determinations. The agencies and subdivisions of the Department of Defense 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 further determined that chapter 71 of title 5, 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 (Intelligence), and all G–2 Intelligence offices within Army Commands, Army Service Component Commands, and Direct Reporting Units .

[“](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.

[“](e) Marine Forces Cyber Command, United States Marine Corps .

[“](f) Naval Computer and Telecommunications Station, San Diego, Detachment, Naval Strategic Communications 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 Detachments.

[“](l) Naval Communications Security Material System.”;

(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 Command [nowAir Combat Command , and the following wings, groups, and elements under the operational control of the 25th Air Force:

[“](1) 70th Intelligence, Surveillance and Reconnaissance Wing.

[“](2) 363rd Intelligence, Surveillance and Reconnaissance Wing.

[“](3) 480th Intelligence, Surveillance and Reconnaissance Wing.

[“](4) 625th Operations Center.

[“](5) The following subdivisions of the 9th Reconnaissance 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, 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 Operations Wing, Hurlburt Field, Florida:

[“](A) Mission Support Group.

[“](B) Medical Group.

[“](2) The following groups of the 27th Special Operations 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.”;

(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 Defense .”;

(f) revising section 1–212 to read as follows:

“1–212. Agencies or subdivisions under the Department of Defense .

[“](a) Office of the Chairman of the Joint Chiefs of Staff (OCJCS) and the Joint Staff .

[“](i) The following groups of the 1st Special Operations 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 Mexico:

[“](I) Mission Support Group.

[“](II) Medical Group.

(h) inserting after section 1–216 the following new sections:

“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 Contract Management Agency , Department of Defense .

[“]1–222. The following subdivisions of the Defense Information Systems Agency , Department of Defense :

[“](a) Joint Force Headquarters— Department of Defense Information Networks.

[“](a) Defense Logistics Agency Intelligence.

[“](b) Joint Logistics Operations Center.

[“](c) Computer Emergency Response Team and Incident 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:

(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