
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 3USC431]

 
                         TITLE 3--THE PRESIDENT
 
 CHAPTER 5--EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL 
                                 OFFICES
 
           SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS
 
                   Part D--Labor-Management Relations
 
Sec. 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), 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) Definition.--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) 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), 
    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) 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 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) Offices referred to.--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) Effective Date.--
        (1) In general.--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) Certain employing offices.--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.

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


                             Effective Date

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

                  Section Referred to in Other Sections

    This section is referred to in section 471 of this title.
