In Treasury v. FLRA, 494 U.S. 922 (1990), the Supreme Court said that only those external limitations on management's § 7106(a)(2) rights that are contained in "applicable laws" can be enforced by the union under the negotiated grievance procedure. In 42 FLRA No. 31, the Authority said that "applicable laws" within the meaning of § 7106(a)(2)include statutes, the Constitution, judicial decisions, certain Presidential executive orders, and regulations "having the force and effect of law"--i.e., regulations that (1) affect individual rights and obligations, (2) are promulgated pursuant to an explicit or implicit delegation of legislative authority by Congress, and (3) satisfy certain procedural requirements, such as those of the Administrative Procedures Act. In 53 FLRA No. 27,it held that 5 CFR 430 was an "applicable law." It should be emphasized that the "applicable laws" requirement does not apply to § 7106(a)(1) rights. See, e.g., 38 FLRA No. 89, #1, where the Authority held that a proposal requiring the agency to establish and administer a drug testing program in accordance with the Constitution, laws, rules, regulations, and thecontract, interfered with the right to determine internal security practices. (However, the proposal was nonetheless negotiable because FLRA held that it was an appropriate arrangement under § 7106(b)(3).) In 43 FLRA No. 46, the Authority held that the reference to law in "applicable laws" under § 7106(a)(2) and"to the extent not prohibited by law" under § 7114(b)(4) were coextensive: therefore law in section 7114(b)(4), like "laws" in § 7106(a)(2), &includes . . . regulations having the force and effect of law."