Executive Order 13039: Exclusion of the Naval Special Warfare Development Group From the Federal Labor-Management Relations Program

President: Bill Clinton

Excluded the Naval Special Warfare Development Group from the federal collective-bargaining program on national-security grounds.

Status: Superseded. Is Executive Order 13039 still in effect? No. Executive Order 13039 was superseded. See Executive Order 13760: Exclusions From the Federal Labor-Management Relations Program.

What does Executive Order 13039 do?

EO 13039 added the Naval Special Warfare Development Group to the Navy units excluded from chapter 71 of title 5 under EO 12171. The President found that the unit’s primary functions involved intelligence, counterintelligence, investigative or national-security work and that applying the labor-relations program would conflict with national security. EO 13760 later rewrote the Navy list, superseding the specific clause while including the broader Naval Special Warfare Command.

Administration position: The exclusion concerned the federal labor-management relations program; it did not eliminate all civil-service protections, workplace statutes or individual administrative remedies.
SignedMarch 11, 1997
Authority5 U.S.C. §7103(b)(1)
Original unitNaval Special Warfare Development Group

Before and after

Before the order

The Development Group was not specifically named in EO 12171’s Navy exclusions.

After the order

It was specifically excluded until the 2017 restructuring replaced that entry with a broader command-level listing.

Who had to do what

Agency / officeActionTiming / position
Navy and labor-relations authoritiesApply the chapter 71 exclusionUnder the amended current list
PresidentMaintain or revise national-security exclusionsUnder statutory authority

What happened next

EO 12171 established the original exclusions.

EO 13039 added the Development Group.

EO 13760 rewrote the Navy section and listed Naval Special Warfare Command.