(a) Subject to subsection (b), nothing in this subchapter shall affect the authority of any management official of the Department, in accordance with applicable law—
to hire, assign, direct, lay off, and retain individuals in the Service or in the Department, to suspend, remove, or take other disciplinary action against such individuals, and to determine the number of members of the Service to be promoted and to remove the name of or delay the promotion of any member in accordance with regulations prescribed under section 4005(b) of this title;
to assign work, to make determinations with respect to contracting out, and to determine the personnel by which the operations of the Department shall be conducted;
to fill positions from any appropriate source;
to determine the need for uniform personnel policies and procedures between or among the agencies to which this subchapter applies; and
to take whatever actions may be necessary to carry out the mission of the Department during emergencies.
(b) Nothing in this section shall preclude the Department and the exclusive representative from negotiating—