Title 3The PresidentRelease 119-73

§431 Application of chapter 71 of title 5, relating to Federal service labor-management relations; procedures for remedy of violations

Title 3 › Chapter CHAPTER 5— - EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL OFFICES › Subchapter SUBCHAPTER II— - EXTENSION OF RIGHTS AND PROTECTIONS › Part Part D— - Labor-Management Relations › § 431

Last updated Apr 6, 2026|Official source

Summary

Make the labor-relations rules in chapter 71 of Title 5 apply to employing offices, covered employees, and the employees’ representatives. Covered employees do not have a right to reinstatement under sections 7118(a)(7)(C) or 7123 of Title 5. The word “agency” in those rules means an employing office. The Federal Labor Relations Authority (FLRA) must write rules to put this in place. Those rules will mostly match the FLRA’s usual rules, but the FLRA may change them if it shows good reason or to avoid a conflict of interest or the appearance of one. The FLRA must also write rules that say how chapter 71 applies to employees in certain White House and related offices (the White House Office; the Executive Residence at the White House; the Office of the Vice President; the Office of Policy Development; the Council of Economic Advisers; the National Security Council; the Office of Management and Budget; and the Office of National Drug Control Policy). The FLRA should follow chapter 71 as much as possible but may exclude employees in those offices if needed for conflicts of interest or the President’s or Vice President’s constitutional duties. Subsections (a) and (b) take effect on the earlier of the FLRA’s rules under subsection (c) becoming effective or October 1, 1998. For the listed offices, they take effect on the earlier of the FLRA’s rules under subsection (d) becoming effective or October 1, 1998.

Full Legal Text

Title 3, §431

The President — Source: USLM XML via OLRC

(a)Subject to subsection (d), chapter 71 of title 5 shall apply to employing offices and to covered employees and representatives of those employees, except that covered employees shall not have a right to reinstatement pursuant to section 7118(a)(7)(C) or 7123 of title 5.
(b)For purposes of the application under this section of chapter 71 of title 5, the term “agency” as used in such chapter means an employing office.
(c)(1)The Federal Labor Relations Authority shall issue regulations to implement this section.
(2)Except as provided in subsection (d), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Authority to implement the statutory provisions referred to in subsection (a), except—
(A)to the extent the Authority may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; or
(B)as the Authority may determine that a modification of such regulations is necessary to avoid a conflict of interest or appearance of a conflict of interest.
(d)(1)The Authority shall issue regulations on the manner and the extent to which the requirements and exemptions of chapter 71 of title 5 should apply to covered employees who are employed in the offices listed in paragraph (2). The regulations shall, to the greatest extent practicable, be consistent with the provisions and purposes of chapter 71 of title 5 and of this chapter, and shall be the same as the substantive regulations issued by the Authority under such chapter, except—
(A)to the extent the Authority may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section; and
(B)that the Authority shall exclude from coverage under this section any covered employees who are employed in offices listed in paragraph (2) if the Authority determines that such exclusion is required because of—
(i)a conflict of interest or appearance of a conflict of interest; or
(ii)the President’s or Vice President’s constitutional responsibilities.
(2)The offices referred to in paragraph (1) include—
(A)the White House Office;
(B)the Executive Residence at the White House;
(C)the Office of the Vice President;
(D)the Office of Policy Development;
(E)the Council of Economic Advisers;
(F)the National Security Council;
(G)the Office of Management and Budget; and
(H)the Office of National Drug Control Policy.
(e)(1)Except as provided in paragraph (2), subsections (a) and (b) shall take effect on the earlier of—
(A)the effective date of regulations issued under subsection (c); or
(B)October 1, 1998.
(2)Subsections (a) and (b) shall take effect, with respect to employing offices, and employees of employing offices, referred to in subsection (d)(2), on the earlier of—
(A)the effective date of regulations issued under subsection (d); or
(B)October 1, 1998.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Subsecs. (c) and (d) of this section effective Oct. 26, 1996, see section 471(b) of this title.

Reference

Citations & Metadata

Citation

3 U.S.C. § 431

Title 3The President

Last Updated

Apr 6, 2026

Release point: 119-73