---
kind: "section"
citation: "3 U.S.C. § 431"
title: "3"
title_heading: "The President"
number: "431"
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/3/431"
units:
  - "Chapter 5 — Extension of Certain Rights and Protections to Presidential Offices"
  - "Subchapter II — Extension of Rights and Protections"
  - "Part D — Labor-Management Relations"
---

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

- (a) **Labor-Management Rights.—** Subject to [subsection (d)](#d), [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5 shall apply to [employing offices](/usc/3/401.md?p=a-4) and to [covered employees](/usc/3/401.md?p=a-2) and representatives of those [employees](/usc/3/401.md?p=a-3), except that [covered employees](/usc/3/401.md?p=a-2) shall not have a right to reinstatement pursuant to section 7118(a)(7)(C) or 7123 of title 5.
- (b) **Definition.—** For purposes of the application under this section of [chapter 71](/usc/5/chptIII/sptF/ch71.md) of title 5, the term “agency” as used in such chapter means an [employing office](/usc/3/401.md?p=a-4).
- (c) **Regulations To Implement Section.—**
  - (1) **In general.—** The Federal Labor Relations Authority shall issue regulations to implement this section.
  - (2) **Agency regulations.—** Except as provided in [subsection (d)](#d), the regulations issued under [paragraph (1)](#c-1) shall be the same as substantive regulations promulgated by the Authority to implement the statutory provisions referred to in [subsection (a)](#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) **Specific Regulations Regarding Applications to Certain Employing Offices.—**
  - (1) **Regulations required.—** The Authority shall issue regulations on the manner and the 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/3/401.md?p=a-2) who are employed in the offices listed in [paragraph (2)](#d-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 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](/usc/3/401.md?p=a-2) who are employed in offices listed in [paragraph (2)](#d-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) **Offices referred to.—** The offices referred to in [paragraph (1)](#d-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) **Effective Date.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#e-2), subsections [(a)](#a) and [(b)](#b) shall take effect on the earlier of—
    - (A) the effective date of regulations issued under [subsection (c)](#c); or
    - (B) October 1, 1998.
  - (2) **Certain employing offices.—** Subsections [(a)](#a) and [(b)](#b) shall take effect, with respect to [employing offices](/usc/3/401.md?p=a-4), and [employees](/usc/3/401.md?p=a-3) of [employing offices](/usc/3/401.md?p=a-4), referred to in [subsection (d)(2)](#d-2), on the earlier of—
    - (A) the effective date of regulations issued under [subsection (d)](#d); or
    - (B) October 1, 1998.

## Source credit

(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4064.)

## Notes

### 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.