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Status: Superseded.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 No. Executive Order 13039 was superseded.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.
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 / office | Action | Timing / position |
|---|---|---|
| Navy and labor-relations authorities | Apply the chapter 71 exclusion | Under the amended current list |
| President | Maintain or revise national-security exclusions | Under 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.
Legal and source detail
How it works legally
Section 7103(b)(1) permits exclusions based on specified primary functions and national-security necessity. The exclusion is from chapter 71 collective-bargaining coverage, not from every federal employment law.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- GovInfo — EO 13039 (opens in a new tab) Order text
- GovInfo — EO 13760 (opens in a new tab) Order text
- U.S. Code — 5 U.S.C. §7103 (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 14, 2026. How we research →