HB 2249 would amend 5 U.S.C. chapter 71 to give the President, through the head of an agency, the authority to terminate any provision of a collective bargaining agreement (CBA) that is in force on the date the President takes the oath of office. It also provides that any CBA provision that conflicts with a rule, executive order, presidential memorandum, or other presidential order shall not be enforceable, as determined by the President or the head of the agency.
A notable constraint is that the authority may not be exercised by an incumbent President. When a termination or conflicting provision is enacted, the head of the relevant agency must provide written notice to the applicable exclusive representative.
The bill also adds a clerical amendment to insert a new section, 7107, into the table of sections for subchapter I.
At a Glance
What It Does
The bill creates new Section 7107 in Chapter 71, allowing the President to terminate provisions of CBAs in force as of the oath date, and to deem conflicting provisions unenforceable. It also restricts use of the authority by an incumbent President and requires agency heads to notify exclusive representatives when actions occur.
Who It Affects
Federal agencies with CBAs under Chapter 71 and their exclusive representatives, agency heads, and the White House policy apparatus that coordinates executive actions.
Why It Matters
The measure concentrates labor-relations leverage in the Presidency, enabling alignment of CBAs with presidential directives and priorities, while establishing a formal notification channel to unions and clarifying how presidential actions interact with existing agreements.
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What This Bill Actually Does
This bill changes how the federal government handles collective bargaining agreements. It adds a new authority that lets the President terminate any part of a CBA that is currently in effect, but only after the President takes the oath of office.
The President or the head of the relevant agency would decide when a provision conflicts with rules, orders, or presidential directives, and such provisions would not be enforceable. Importantly, an incumbent President cannot use this new power, limiting immediate use.
When a termination or conflict occurs, the agency head must send a written notice to the relevant exclusive representative. Finally, the bill makes a clerical change to the table of sections to include the new §7107.
The overall aim is to give the executive branch a clear mechanism to ensure CBAs align with presidential policy, while preserving a formal process for notification and avoiding retroactive applicability by current officeholders.
The Five Things You Need to Know
Section 7107 is created to authorize the President to negotiate or terminate provisions of CBAs under Chapter 71, applicable to agreements in force at the date of the oath of office.
Any CBA provision that conflicts with a rule, executive order, presidential memorandum, or other presidential directive is declared unenforceable, as determined by the President or agency head.
An incumbent President is prohibited from using this authority, creating a temporal limit on its deployment.
Upon termination or identification of conflicting provisions, the agency head must notify the exclusive representative in writing.
A clerical amendment adds 7107 to the table of sections for subchapter I, codifying the new authority in the statute.
Section-by-Section Breakdown
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Short title and purpose
Section 1 names the act, the Preserving Presidential Management Authority Act, establishing the measure as a statutory addition to Chapter 71. The provision signals the act’s intent to align federal labor relations with presidential policy directions without altering existing procedural rights outside this authority.
Presidential authority to negotiate CBAs; conflicts; limitations; notification
Section 2 adds a new § 7107 to Chapter 71. Subsection (a) authorizes the President to terminate any provision of a CBA in force on the date the President takes the oath of office, acting through the head of the relevant agency. Subsection (b) clarifies that any CBA provision conflicting with a rule, executive order, presidential memorandum, or any presidential order is not enforceable, as determined by the President or the head of the agency. Subsection (c) imposes a limitation: the authority may not be exercised by an incumbent President. Subsection (d) requires the head of the relevant agency to provide written notice to the applicable exclusive representative upon termination or when conflicting provisions are identified. Subsection (b) also contemplates a clerical amendment to codify the new section in the table of sections.
Clerical amendment to the table of sections
The bill adds an entry for 7107 after the item related to section 7106 in the table of sections for subchapter I to reflect the new authority and ensure proper cross-referencing in the statutory framework.
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Explore Government in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- The President and the Executive Branch, gaining formal authority to align CBAs with presidential directives.
- Heads of federal agencies, who can implement policy-driven changes by acting through their agency.
- Federal human resources and labor-relations offices, provided with a clear framework to enforce or modify provisions.
- White House policy staff and coordinating agencies that oversee executive actions, seeking consistency across agencies.
Who Bears the Cost
- Federal employee unions, which may experience changes to CBA terms or require renegotiation in response to termination or conflicting provisions.
- Federal employees covered by CBAs whose terms could be altered or overridden by presidential action.
- Agency HR and labor-relations offices, bearing increased administrative burden and potential costs associated with implementing or renegotiating terms.
- Agency legal and compliance teams tasked with ensuring actions conform to the updated framework and managing potential disputes.
- Taxpayers who could face cost offsets or disruptions if CBAs are terminated or modified without transitional mechanisms.
Key Issues
The Core Tension
Unilateral executive authority to terminate or override CBA terms creates a tension between swift alignment with presidential priorities and preserving the integrity and predictability of negotiated labor agreements.
The bill confers unilateral power to terminate or void terms within CBAs tied to federal labor relations, which could destabilize established bargaining dynamics and create uncertainty around long-term employee benefits. While the incumbent-President limitation tempers immediate overreach, the provision invites questions about how and when the authority would be exercised, and what safeguards exist to prevent arbitrary use.
The requirement that a head of agency notify exclusive representatives provides a procedural check, but it does not specify standards for evaluating conflicts with rules or orders, leaving room for executive interpretation. The interplay between this authority and other statutory labor-law duties—such as negotiated processes, grievance procedures, and statutory protections for federal employees—remains to be tested in practice.
coreTension: The central dilemma is balancing decisive executive control over federal labor relations with the need for stable, predictable CBAs that protect employees’ rights and provide certainty for agencies. The mechanism solves the problem of misalignment by enabling unilateral adjustments, but it risks undermining collective bargaining structures and the legitimacy of negotiated agreements if used aggressively or without transparent safeguards.
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