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President Has Long Possessed Flexibility Sought at Department of Homeland Security
Thursday, October 17, 2002
Rep. Ander Crenshaw's op-ed in the Washington Times
The major disagreement delaying creation of the new Department of Homeland Security is over giving the President the flexibility to make national security related jobs non-union. The Policy Committee supports the House-passed bill, which preserves the President's managerial flexibility to ensure an agile and effective Department of Homeland Security.
Current law permits the President to exclude unions from any department, agency, or sub-division for reasons of national security. President Kennedy first allowed Federal workers to unionize in 1962, only on the condition that it did not jeopardize national security.
Congress and President Carter codified this long-standing policy in 1978, in the Civil Service Reform Act. This power has since been exercised by every President. Here are a few examples of the agencies where Presidents have retained management flexibility in the interests of national security:
President Kennedy
The CIA;
The FBI; and
The Secret Service.
President Carter
The investigative division of the Customs Service;
The investigative division of the IRS;
By Executive Order #12171 (11-19-79), more than 100 agencies, offices, and sub-divisions.
President Reagan
Federal Air Marshals;
Drug Enforcement Agency field offices and intelligence agencies; and
Department of Energy employees working on defense-related projects.
President George H.W. Bush
Federal Emergency Management Agency employees working in the National Preparedness Directorate;
Workers at the Defense Mapping Agency under the operational control of the Joint Special Operations Command; and
By extending the Carter Executive Order, Customs Service enforcement personnel.
President Clinton
Employees of the Naval Special Warfare development group.
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