[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Presidential Documents]
[Pages 10033-10034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03578]


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  Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 10033]]

                Memorandum of January 29, 2020

                
Delegation of Certain Authority Under the Federal 
                Service Labor-Management Relations Statute

                Memorandum for the Secretary of Defense

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 301 of title 3, United 
                States Code, it is hereby ordered as follows:

                Section 1. Policy. The national security interests of 
                the United States require expedient and efficient 
                decisionmaking. When new missions emerge or existing 
                ones evolve, the Department of Defense requires maximum 
                flexibility to respond to threats to carry out its 
                mission of protecting the American people. This 
                flexibility requires that military and civilian 
                leadership manage their organizations to cultivate a 
                lethal, agile force adaptive to new technologies and 
                posture changes. Where collective bargaining is 
                incompatible with these organizations' missions, the 
                Department of Defense should not be forced to sacrifice 
                its national security mission and, instead, seek relief 
                through third parties and administrative fora.

                Sec. 2. Delegation of Authority to the Secretary of 
                Defense. (a) The Secretary of Defense (Secretary) is 
                delegated authority under 5 U.S.C. 7103(b)(1) and 
                7103(b)(2) to issue orders excluding Department of 
                Defense agencies or subdivisions thereof from Federal 
                Service Labor-Management Relations Statute coverage. 
                The Secretary is authorized to further delegate this 
                authority to any official of the Department of Defense 
                appointed by the President with the advice and consent 
                of the Senate.

                    (b) When making the determination required by 5 
                U.S.C. 7103(b)(1) or 7103(b)(2), the Secretary or other 
                official delegated this authority pursuant to 
                subsection (a) of this section shall publish this 
                determination in the Federal Register.
                    (c) Any official to whom the Secretary of Defense 
                delegates the authority pursuant to subsection (a) of 
                this section may not further delegate this authority.
                    (d) For purposes of this memorandum, the term 
                ``Department of Defense agencies or subdivisions'' 
                includes without limitation the military departments.

                Sec. 3. General Provisions. (a) Nothing in this 
                memorandum 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 memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.

[[Page 10034]]

                    (c) This memorandum 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.

                You are authorized and directed to publish this 
                memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 29, 2020

[FR Doc. 2020-03578
Filed 2-20-20; 8:45 am]
Billing code 5001-06-P