---
kind: "section"
citation: "6 U.S.C. § 412"
title: "6"
title_heading: "Domestic Security"
number: "412"
heading: "Labor-management relations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/412"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter VIII — Coordination with Non-Federal Entities; Inspector General; United States Secret Service; Coast Guard; General Provisions"
  - "Part E — Human Resources Management"
---

# §412. Labor-management relations

- (a) **Limitation on exclusionary authority—**
  - (1) **In general—** No [agency](/usc/6/311.md?p=2) or subdivision of an [agency](/usc/6/311.md?p=2) which is transferred to the [Department](/usc/6/101.md?p=5) pursuant to this chapter shall be excluded from the coverage of [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5 as a result of any order issued under section 7103(b)(1) of such [title 5](/usc/5.md) after June 18, 2002, unless—
    - (A) the mission and responsibilities of the [agency](/usc/6/311.md?p=2) (or subdivision) materially change; and
    - (B) a majority of the employees within such [agency](/usc/6/311.md?p=2) (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to [terrorism](/usc/6/101.md?p=18) investigation.
  - (2) **Exclusions allowable—** Nothing in [paragraph (1)](#a-1) shall affect the effectiveness of any order to the extent that such order excludes any portion of an [agency](/usc/6/311.md?p=2) or subdivision of an [agency](/usc/6/311.md?p=2) as to which—
    - (A) recognition as an appropriate unit has never been conferred for purposes of chapter 71 of such [title 5](/usc/5.md); or
    - (B) any such recognition has been revoked or otherwise terminated as a result of a determination under [subsection (b)(1)](#b-1).
- (b) **Provisions relating to bargaining units—**
  - (1) **Limitation relating to appropriate units—** Each unit which is recognized as an appropriate unit for purposes of [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5 as of the day before the effective date of this chapter (and any subdivision of any such unit) shall, if such unit (or subdivision) is transferred to the [Department](/usc/6/101.md?p=5) pursuant to this chapter, continue to be so recognized for such purposes, unless—
    - (A) the mission and responsibilities of such unit (or subdivision) materially change; and
    - (B) a majority of the employees within such unit (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to [terrorism](/usc/6/101.md?p=18) investigation.
  - (2) **Limitation relating to positions or employees—** No position or employee within a unit (or subdivision of a unit) as to which continued recognition is given in accordance with [paragraph (1)](#b-1) shall be excluded from such unit (or subdivision), for purposes of chapter 71 of such [title 5](/usc/5.md), unless the primary job duty of such position or employee—
    - (A) materially changes; and
    - (B) consists of intelligence, counterintelligence, or investigative work directly related to [terrorism](/usc/6/101.md?p=18) investigation.

    In the case of any positions within a unit (or subdivision) which are first established on or after the effective date of this chapter and any employees first appointed on or after such date, the preceding sentence shall be applied disregarding [subparagraph (A)](#b-2-A).

- (c) **Waiver—** If the President determines that the application of subsections [(a)](#a), [(b)](#b), and [(d)](#d) would have a substantial adverse impact on the ability of the [Department](/usc/6/101.md?p=5) to protect [homeland](/usc/6/101.md?p=1) security, the President may waive the application of such subsections 10 days after the President has submitted to Congress a written explanation of the reasons for such determination.
- (d) **Coordination rule—** No other provision of this chapter or of any amendment made by this chapter may be construed or applied in a manner so as to limit, supersede, or otherwise affect the provisions of this section, except to the extent that it does so by specific reference to this section.
- (e) **Rule of construction—** Nothing in [section 9701(e) of title 5](/usc/5/9701.md?p=e) shall be considered to apply with respect to any [agency](/usc/6/311.md?p=2) or subdivision of any [agency](/usc/6/311.md?p=2), which is excluded from the coverage of [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5 by virtue of an order issued in accordance with [section 7103(b)](/usc/5/7103.md?p=b) of such [title 5](/usc/5.md) and the preceding provisions of this section (as applicable), or to any employees of any such [agency](/usc/6/311.md?p=2) or subdivision or to any individual or [entity](/usc/6/301c.md?p=2) representing any such employees or any representatives thereof.

## Source credit

(Pub. L. 107–296, title VIII, § 842, Nov. 25, 2002, 116 Stat. 2234.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a)(1), (b)(1), and (d), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

The effective date of this chapter, referred to in subsec. (b), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title.