---
kind: "section"
citation: "2 U.S.C. § 1351"
title: "2"
title_heading: "The Congress"
number: "1351"
heading: "Application of chapter 71 of title 5 relating to Federal service labor-management relations; procedures for remedy of violations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/1351"
units:
  - "Chapter 24 — Congressional Accountability"
  - "Subchapter II — Extension of Rights and Protections"
  - "Part D — Labor-Management Relations"
---

# §1351. Application of chapter 71 of title 5 relating to Federal service labor-management relations; procedures for remedy of violations

- (a) **Labor-management rights—**
  - (1) **In general—** The rights, protections, and responsibilities established under sections [7102](/usc/5/7102.md), [7106](/usc/5/7106.md), [7111](/usc/5/7111.md) through [7117](/usc/5/7117.md), [7119](/usc/5/7119.md) through [7122](/usc/5/7122.md), and [7131](/usc/5/7131.md) of title 5 shall apply to [employing offices](/usc/2/1301.md?p=a-9) and to [covered employees](/usc/2/1301.md?p=a-3) and representatives of those [employees](/usc/2/1301.md?p=a-4).
  - (2) **Application—** For purposes of the application under this section of the sections referred to in [paragraph (1)](#a-1), the term “agency” shall be deemed to include an [employing office](/usc/2/1301.md?p=a-9).
  - (3) **Definitions—** For purposes of this section, the term “[covered employee](/usc/2/1301.md?p=a-3)” does not include an [employee](/usc/2/1301.md?p=a-4) of the Library of Congress, and the term “[employing office](/usc/2/1301.md?p=a-9)” does not include the Library of Congress.
- (b) **Remedy—** The remedy for a violation of [subsection (a)](#a) shall be such remedy, including a remedy under [section 7118(a)(7) of title 5](/usc/5/7118.md?p=a-7), as would be appropriate if awarded by the Federal Labor Relations Authority to remedy a violation of any provision made applicable by [subsection (a)](#a).
- (c) **Authorities and procedures for implementation and enforcement—**
  - (1) **General authorities of Board; petitions—** For purposes of this section and except as otherwise provided in this section, the [Board](/usc/2/1301.md?p=a-1) shall exercise the authorities of the Federal Labor Relations Authority under sections [7105](/usc/5/7105.md), [7111](/usc/5/7111.md), [7112](/usc/5/7112.md), [7113](/usc/5/7113.md), [7115](/usc/5/7115.md), [7117](/usc/5/7117.md), [7118](/usc/5/7118.md), and [7122](/usc/5/7122.md) of title 5 and of the President under [section 7103(b) of title 5](/usc/5/7103.md?p=b). For purposes of this section, any petition or other submission that, under [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5, would be submitted to the Federal Labor Relations Authority shall, if brought under this section, be submitted to the [Board](/usc/2/1301.md?p=a-1). The [Board](/usc/2/1301.md?p=a-1) shall refer any matter under this paragraph to a hearing officer for decision pursuant to subsections (b) through (h) of [section 1405 of this title](/usc/2/1405.md), subject to review by the [Board](/usc/2/1301.md?p=a-1) pursuant to [section 1406 of this title](/usc/2/1406.md). The [Board](/usc/2/1301.md?p=a-1) may direct that the [General Counsel](/usc/2/1301.md?p=a-11) carry out the [Board](/usc/2/1301.md?p=a-1)’s investigative authorities under this paragraph.
  - (2) **General authorities of the General Counsel; charges of unfair labor practice—** For purposes of this section and except as otherwise provided in this section, the [General Counsel](/usc/2/1301.md?p=a-11) shall exercise the authorities of the [General Counsel](/usc/2/1301.md?p=a-11) of the Federal Labor Relations Authority under sections 7104 and 7118 of title 5. For purposes of this section, any charge or other submission that, under [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5, would be submitted to the [General Counsel](/usc/2/1301.md?p=a-11) of the Federal Labor Relations Authority shall, if brought under this section, be submitted to the [General Counsel](/usc/2/1301.md?p=a-11). If any person charges an [employing office](/usc/2/1301.md?p=a-9) or a labor organization with having engaged in or engaging in an unfair labor practice and makes such charge within 180 days of the occurrence of the alleged unfair labor practice, the [General Counsel](/usc/2/1301.md?p=a-11) shall investigate the charge and may file a complaint with the [Office](/usc/2/1301.md?p=a-12). The complaint shall be submitted to a hearing officer for decision pursuant to subsections (b) through (h) of [section 1405 of this title](/usc/2/1405.md), subject to review by the [Board](/usc/2/1301.md?p=a-1) pursuant to [section 1406 of this title](/usc/2/1406.md).
  - (3) **Judicial review—** Except for matters referred to in paragraphs (1) and (2) of [section 7123(a) of title 5](/usc/5/7123.md?p=a), the [General Counsel](/usc/2/1301.md?p=a-11) or the respondent to the complaint, if aggrieved by a final decision of the [Board](/usc/2/1301.md?p=a-1) under paragraph (1) or (2) of this subsection, may file a petition for judicial review in the United States Court of Appeals for the Federal Circuit pursuant to [section 1407 of this title](/usc/2/1407.md).
  - (4) **Exercise of impasses panel authority; requests—** For purposes of this section and except as otherwise provided in this section, the [Board](/usc/2/1301.md?p=a-1) shall exercise the authorities of the Federal Service Impasses Panel under [section 7119 of title 5](/usc/5/7119.md). For purposes of this section, any request that, under [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5, would be presented to the Federal Service Impasses Panel shall, if made under this section, be presented to the [Board](/usc/2/1301.md?p=a-1). At the request of the [Board](/usc/2/1301.md?p=a-1), the [Executive Director](/usc/2/1301.md?p=a-10) shall appoint a mediator or mediators to perform the functions of the Federal Service Impasses Panel under [section 7119 of title 5](/usc/5/7119.md).
- (d) **Regulations to implement section—**
  - (1) **In general—** The [Board](/usc/2/1301.md?p=a-1) shall, pursuant to [section 1384 of this title](/usc/2/1384.md), issue regulations to implement this section.
  - (2) **Agency regulations—** Except as provided in [subsection (e)](#e), the regulations issued under [paragraph (1)](#d-1) shall be the same as substantive regulations promulgated by the Federal Labor Relations Authority to implement the statutory provisions referred to in [subsection (a)](#a) except—
    - (A) to the extent that the [Board](/usc/2/1301.md?p=a-1) 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 [Board](/usc/2/1301.md?p=a-1) deems necessary to avoid a conflict of interest or appearance of a conflict of interest.
- (e) **Specific regulations regarding application to certain offices of Congress—**
  - (1) **Regulations required—** The [Board](/usc/2/1301.md?p=a-1) shall issue regulations pursuant to [section 1384 of this title](/usc/2/1384.md) on the manner and extent to which the requirements and exemptions of [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5 should apply to [covered employees](/usc/2/1301.md?p=a-3) who are employed in the [offices](/usc/2/1301.md?p=a-12) listed in [paragraph (2)](#e-2). The regulations shall, to the greatest extent practicable, be consistent with the provisions and purposes of [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5 and of this chapter, and shall be the same as substantive regulations issued by the Federal Labor Relations Authority under [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5, except—
    - (A) to the extent that the [Board](/usc/2/1301.md?p=a-1) 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 [Board](/usc/2/1301.md?p=a-1) shall exclude from coverage under this section any [covered employees](/usc/2/1301.md?p=a-3) who are employed in [offices](/usc/2/1301.md?p=a-12) listed in [paragraph (2)](#e-2) if the [Board](/usc/2/1301.md?p=a-1) determines that such exclusion is required because of—
      - (i) a conflict of interest or appearance of a conflict of interest; or
      - (ii) Congress’ constitutional responsibilities.
  - (2) **Offices referred to—** The [offices](/usc/2/1301.md?p=a-12) referred to in [paragraph (1)](#e-1) include—
    - (A) the personal [office](/usc/2/1301.md?p=a-12) of any [Member](/usc/2/4556.md?p=2) of the House of Representatives or of any Senator;
    - (B) a standing, select, special, permanent, temporary, or other committee of the Senate or House of Representatives, or a joint committee of Congress;
    - (C) the [Office](/usc/2/1301.md?p=a-12) of the Vice President (as President of the Senate), the [Office](/usc/2/1301.md?p=a-12) of the President pro tempore of the Senate, the [Office](/usc/2/1301.md?p=a-12) of the Majority Leader of the Senate, the [Office](/usc/2/1301.md?p=a-12) of the Minority Leader of the Senate, the [Office](/usc/2/1301.md?p=a-12) of the Majority Whip of the Senate, the [Office](/usc/2/1301.md?p=a-12) of the Minority Whip of the Senate, the Conference of the Majority of the Senate, the Conference of the Minority of the Senate, the [Office](/usc/2/1301.md?p=a-12) of the Secretary of the Conference of the Majority of the Senate, the [Office](/usc/2/1301.md?p=a-12) of the Secretary of the Conference of the Minority of the Senate, the [Office](/usc/2/1301.md?p=a-12) of the Secretary for the Majority of the Senate, the [Office](/usc/2/1301.md?p=a-12) of the Secretary for the Minority of the Senate, the Majority Policy Committee of the Senate, the Minority Policy Committee of the Senate, and the following [offices](/usc/2/1301.md?p=a-12) within the [Office](/usc/2/1301.md?p=a-12) of the Secretary of the Senate: [Offices](/usc/2/1301.md?p=a-12) of the Parliamentarian, Bill Clerk, Legislative Clerk, Journal Clerk, Executive Clerk, Enrolling Clerk, Official Reporters of Debate, Daily Digest, Printing Services, Captioning Services, and Senate Chief Counsel for Employment;
    - (D) the [Office](/usc/2/1301.md?p=a-12) of the Speaker of the House of Representatives, the [Office](/usc/2/1301.md?p=a-12) of the Majority Leader of the House of Representatives, the [Office](/usc/2/1301.md?p=a-12) of the Minority Leader of the House of Representatives, the [Offices](/usc/2/1301.md?p=a-12) of the Chief Deputy Majority Whips, the [Offices](/usc/2/1301.md?p=a-12) of the Chief Deputy Minority Whips and the following [offices](/usc/2/1301.md?p=a-12) within the [Office](/usc/2/1301.md?p=a-12) of the Clerk of the House of Representatives: [Offices](/usc/2/1301.md?p=a-12) of Legislative Operations, Official Reporters of Debate, Official Reporters to Committees, Printing Services, and Legislative Information;
    - (E) the [Office](/usc/2/1301.md?p=a-12) of the Legislative Counsel of the Senate, the [Office](/usc/2/1301.md?p=a-12) of the Senate Legal Counsel, the [Office](/usc/2/1301.md?p=a-12) of the Legislative Counsel of the House of Representatives, the [Office](/usc/2/1301.md?p=a-12) of the [General Counsel](/usc/2/1301.md?p=a-11) of the House of Representatives, the [Office](/usc/2/1301.md?p=a-12) of the Parliamentarian of the House of Representatives, and the [Office](/usc/2/1301.md?p=a-12) of the Law Revision Counsel;
    - (F) the [offices](/usc/2/1301.md?p=a-12) of any caucus or party organization;
    - (G) the Congressional Budget [Office](/usc/2/1301.md?p=a-12), the [Office](/usc/2/1301.md?p=a-12) of Technology Assessment, and the [Office](/usc/2/1301.md?p=a-12) of Congressional Workplace Rights; and
    - (H) such other [offices](/usc/2/1301.md?p=a-12) that perform comparable functions which are identified under regulations of the [Board](/usc/2/1301.md?p=a-1).
- (f) **Effective date—**
  - (1) **In general—** Except as provided in [paragraph (2)](#f-2), subsections [(a)](#a) and [(b)](#b) shall be effective on October 1, 1996.
  - (2) **Certain offices—** With respect to the [offices](/usc/2/1301.md?p=a-12) listed in [subsection (e)(2)](#e-2), to the [covered employees](/usc/2/1301.md?p=a-3) of such [offices](/usc/2/1301.md?p=a-12), and to representatives of such [employees](/usc/2/1301.md?p=a-4), subsections [(a)](#a) and [(b)](#b) shall be effective on the effective date of regulations under [subsection (e)](#e).

## Source credit

(Pub. L. 104–1, title II, § 220, Jan. 23, 1995, 109 Stat. 19; Pub. L. 115–141, div. I, title I, § 153(a)(1)(C), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, § 308(b)(10), Dec. 21, 2018, 132 Stat. 5326.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (e)(1), was in the original “this Act”, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.

### Amendments

2018—Subsec. (a)(2). Pub. L. 115–141, § 153(a)(1)(C)(i), substituted “Application” for “Definition” in heading.

Subsec. (a)(3). Pub. L. 115–141, § 153(a)(1)(C)(ii), added par. (3).

Subsec. (e)(2)(G). Pub. L. 115–397 substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title.

### Senate Democratic Leadership Offices Funding and Authorities

Reference to the Office of the Secretary of the majority or minority conference of the Senate, as applicable, that represents the Democratic party deemed to be a reference to the office of the designated officer of the applicable conference, under certain conditions during the 118th and any subsequent Congress, see section 6161 of this title.