Further Exclusions from the Federal Labor-Management Relations Program
8/28/2025
Action Summary
- National Security Determination: Agencies and subdivisions with primary intelligence, counterintelligence, investigative, or national security functions are exempt from Chapter 71 of title 5, U.S. Code.
- Modifications to EO 12171:
- Section 1-408: Added exclusion for Bureau of Reclamation units overseeing hydropower facilities.
- Section 1-411 Revision: Specifies exclusions for entities within the Department of Commerce including the International Trade Administration, Patent and Trademark Office, and specified subdivisions of the National Oceanic and Atmospheric Administration.
- New Additions: Inclusion of the National Aeronautics and Space Administration and the United States Agency for Global Media as excluded entities.
- Deadline Extension: Orders issued by the Secretaries of Defense and Veterans Affairs under EO 14251 will remain in effect if issued within 15 days from the date of this order.
- Severability and General Provisions:
- Severability: Invalid provisions do not affect the validity or application of others.
- General Provisions: The order does not impair the legal authority of executive departments, the Director of OMB’s functions, nor does it create enforceable rights or benefits.
- Authority: Issued under presidential authority, signed by President Donald J. Trump on August 28, 2025, aiming to enhance national security.
Risks & Considerations
- The Executive Order excludes certain federal agencies and subdivisions from the Federal Labor-Management Relations Program, emphasizing national security. This could lead to changes in labor relations and union activities within these agencies, potentially affecting employee morale and operational efficiency.
- Vanderbilt University may need to consider the implications of these exclusions on its research collaborations and partnerships with affected agencies, such as NASA and the National Oceanic and Atmospheric Administration (NOAA), particularly in areas related to national security and intelligence.
- The order’s focus on national security could lead to increased scrutiny and regulatory requirements for research projects involving sensitive information or technologies, impacting the university’s research agenda and compliance obligations.
- There is a potential risk of reduced funding opportunities for research and development projects that involve collaboration with the excluded agencies, as their operational priorities may shift towards national security concerns.
Impacted Programs
- Vanderbilt’s Research Centers that collaborate with NASA, NOAA, or other affected agencies may need to reassess their project scopes and funding strategies to align with the new national security priorities.
- The Office of Sponsored Programs might need to enhance its compliance and regulatory oversight to ensure adherence to any new requirements stemming from the Executive Order.
- Vanderbilt’s Legal and Government Relations Teams could play a crucial role in navigating the legal and regulatory landscape changes, ensuring that the university’s interests are protected and advanced.
Financial Impact
- The exclusion of certain agencies from the Federal Labor-Management Relations Program may lead to shifts in federal funding priorities, potentially affecting grant availability and allocation for research projects at Vanderbilt.
- Vanderbilt University might experience changes in its funding landscape, particularly if federal grants prioritize national security-related research. This could necessitate adjustments in grant application strategies and partnerships.
- There may be increased opportunities for Vanderbilt to secure funding for research and development in national security and intelligence, particularly through collaborations with the Department of Defense and other federal agencies.
Relevance Score: 3 (The order presents moderate risks involving compliance and potential shifts in research priorities.)
Key Actions
- Vanderbilt’s Office of Federal Relations should monitor developments related to the exclusion of certain agencies from the Federal Labor-Management Relations Program. Understanding these changes can help anticipate any indirect impacts on federal funding or collaborations, particularly in areas related to national security and research.
- Vanderbilt’s Research Administration should assess any potential impacts on research collaborations with agencies like NASA and NOAA, which are mentioned in the executive order. Ensuring compliance with new regulations and maintaining strong partnerships will be crucial for ongoing and future projects.
- Vanderbilt’s Legal Affairs Office should review the severability and general provisions of the executive order to ensure that any contractual or collaborative agreements with federal agencies remain valid and enforceable.
Opportunities
- The executive order’s focus on national security presents an opportunity for Vanderbilt’s School of Engineering to explore new research initiatives in areas such as cybersecurity, satellite technology, and environmental data analysis. By aligning research priorities with national security needs, Vanderbilt can enhance its reputation and secure additional funding.
- Vanderbilt’s Political Science Department can conduct research on the implications of excluding certain agencies from labor-management relations programs. This research can provide valuable insights into the broader impacts on federal workforce dynamics and policy development.
Relevance Score: 3 (Some adjustments are needed to processes or procedures to align with changes in federal agency collaborations and research opportunities.)
Timeline for Implementation
- 15 days from the issuance of this order (August 28, 2025); any applicable orders by the Secretaries of Defense and Veterans Affairs must be issued within 15 days to have full force and effect.
Relevance Score: 5
Impacted Government Organizations
- Bureau of Reclamation: Units responsible for operating, managing, or maintaining hydropower facilities have been explicitly designated.
- Department of Commerce – International Trade Administration: This subdivision is identified for exclusion adjustments.
- United States Patent and Trademark Office (Office of the Commissioner for Patents): Subdivisions within the Department of Commerce impacted by the order.
- National Oceanic and Atmospheric Administration (NOAA): Specifically, its subdivisions—the National Environmental Satellite, Data, and Information Service and the National Weather Service—are affected.
- National Aeronautics and Space Administration (NASA): Added explicitly as an impacted agency.
- United States Agency for Global Media: Newly included in the list of agencies subject to exclusion provisions.
- Department of Defense: The extension provision applies to orders issued by the Secretaries of Defense under Executive Order 14251.
- Department of Veterans Affairs: Similarly affected by the extension provision for orders published under Executive Order 14251.
Relevance Score: 3 (Six to ten agencies across various critical national security sectors are impacted.)
Responsible Officials
- Secretary of Defense – Responsible for publishing any orders pursuant to section 4 of Executive Order 14251 that are extended under this directive.
- Secretary of Veterans Affairs – Also responsible for issuing orders under section 4 of Executive Order 14251 as extended by this order.
Relevance Score: 5 (Directives affect Cabinet-level officials responsible for national security and labor-management exclusions).