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.

[[Page 73992]]

                    (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.``

[[Page 73993]]

                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.
                
                
                    
 President, Goerge Bush

                THE WHITE HOUSE,

                    November 26, 2008.