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US (United States) Code. Title 2. Chapter 24: Congressional accountability

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-CITE-

2 USC CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

-HEAD-

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

1301. Definitions.

1302. Application of laws.

(a) Laws made applicable.

(b) Laws which may be made applicable.

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

PART A - EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR

LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT

AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND

INTIMIDATION

1311. Rights and protections under title VII of Civil Rights Act of

1964, Age Discrimination in Employment Act of 1967,

Rehabilitation Act of 1973, and title I of Americans with

Disabilities Act of 1990.

(a) Discriminatory practices prohibited.

(b) Remedy.

(d) Effective date.

1312. Rights and protections under Family and Medical Leave Act of

1993.

(a) Family and medical leave rights and protections

provided.

(b) Remedy.

(d) Regulations.

(e) Effective date.

1313. Rights and protections under Fair Labor Standards Act of

1938.

(a) Fair labor standards.

(b) Remedy.

(d) Omitted.

(e) Effective date.

1314. Rights and protections under Employee Polygraph Protection

Act of 1988.

(a) Polygraph practices prohibited.

(b) Remedy.

(d) Effective date.

1315. Rights and protections under Worker Adjustment and Retraining

Notification Act.

(a) Worker adjustment and retraining notification

rights.

(b) Remedy.

(d) Effective date.

1316. Rights and protections relating to veterans' employment and

reemployment.

(a) Employment and reemployment rights of members of

uniformed services.

(b) Remedy.

(d) Effective date.

1316a. Legislative branch appointments.

1317. Prohibition of intimidation or reprisal.

(a) In general.

(b) Remedy.

PART B - PUBLIC SERVICES AND ACCOMMODATIONS UNDER AMERICANS WITH

DISABILITIES ACT OF 1990

1331. Rights and protections under Americans with Disabilities Act

of 1990 relating to public services and accommodations;

procedures for remedy of violations.

(a) Entities subject to this section.

(b) Discrimination in public services and

accommodations.

(d) Available procedures.

(e) Regulations to implement section.

(f) Periodic inspections; report to Congress; initial

study.

(g) Omitted.

(h) Effective date.

PART C - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

1341. Rights and protections under Occupational Safety and Health

Act of 1970; procedures for remedy of violations.

(a) Occupational safety and health protections.

(b) Remedy.

(d) Regulations to implement section.

(e) Periodic inspections; report to Congress.

(f) Initial period for study and corrective action.

(g) Effective date.

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.

(b) Remedy.

enforcement.

(d) Regulations to implement section.

(e) Specific regulations regarding application to

certain offices of Congress.

(f) Effective date.

PART E - GENERAL

1361. Generally applicable remedies and limitations.

(a) Attorney's fees.

(b) Interest.

(d) Exclusive procedure.

(e) Scope of remedy.

(f) Construction.

PART F - STUDY

1371. Study and recommendations regarding General Accounting

Office, Government Printing Office, and Library of Congress.

(a) In general.

(b) Applicable statutes.

(d) Deadline and delivery of study.

SUBCHAPTER III - OFFICE OF COMPLIANCE

1381. Establishment of Office of Compliance.

(a) Establishment.

(b) Board of Directors.

(d) Board of Directors qualifications.

(e) Term of office.

(f) Removal.

(g) Compensation.

(h) Duties.

(i) Congressional oversight.

(j) Opening of Office.

(k) Financial disclosure reports.

1382. Officers, staff, and other personnel.

(a) Executive Director.

(b) Deputy Executive Directors.

(d) Other staff.

(e) Detailed personnel.

(f) Consultants.

1383. Procedural rules.

(a) In general.

(b) Procedure.

1384. Substantive regulations.

(a) Regulations.

(b) Adoption by Board.

(d) Issuance and effective date.

(e) Amendment of regulations.

(f) Right to petition for rulemaking.

(g) Consultation.

1385. Expenses.

(a) Authorization of appropriations.

(b) Financial and administrative services.

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

1401. Procedure for consideration of alleged violations.

1402. Counseling.

(a) In general.

(b) Period of counseling.

1403. Mediation.

(a) Initiation.

(b) Process.

(d) Independence of mediation process.

1404. Election of proceeding.

1405. Complaint and hearing.

(a) In general.

(b) Dismissal.

(d) Hearing.

(e) Discovery.

(f) Subpoenas.

(g) Decision.

(h) Precedents.

1406. Appeal to Board.

(a) In general.

(b) Parties' opportunity to submit argument.

(d) Record.

(e) Decision.

1407. Judicial review of Board decisions and enforcement.

(a) Jurisdiction.

(b) Procedures.

(d) Standard of review.

(e) Record.

1408. Civil action.

(a) Jurisdiction.

(b) Parties.

(d) Appearances by House Employment Counsel.

1409. Judicial review of regulations.

1410. Other judicial review prohibited.

1411. Effect of failure to issue regulations.

1412. Expedited review of certain appeals.

(a) In general.

(b) Jurisdiction.

1413. Privileges and immunities.

1414. Settlement of complaints.

1415. Payments.

(a) Awards and settlements.

(b) Compliance.

1416. Confidentiality.

(a) Counseling.

(b) Mediation.

(d) Release of records for judicial action.

(e) Access by committees of Congress.

(f) Final decisions.

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

1431. Exercise of rulemaking powers.

1432. Political affiliation and place of residence.

(a) In general.

(b) ''Employee'' defined.

1433. Nondiscrimination rules of House and Senate.

1434. Judicial branch coverage study.

1435. Savings provisions.

(a) Transition provisions for employees of House of

Representatives and of Senate.

(b) Transition provisions for employees of Architect

of Capitol.

than employment under section 12209 of title

42.

1436. Repealed.

1437. Sense of Senate regarding adoption of simplified and

streamlined acquisition procedures for Senate acquisitions.

1438. Severability.

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2 USC SUBCHAPTER I - GENERAL 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1434 of this title.

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2 USC Sec. 1301 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1301. Definitions

-STATUTE-

Except as otherwise specifically provided in this chapter, as

used in this chapter:

(1) Board

The term ''Board'' means the Board of Directors of the Office

of Compliance.

(2) Chair

The term ''Chair'' means the Chair of the Board of Directors of

the Office of Compliance.

(3) Covered employee

The term ''covered employee'' means any employee of -

(A) the House of Representatives;

(B) the Senate;

(D) the Capitol Police;

(E) the Congressional Budget Office;

(F) the Office of the Architect of the Capitol;

(G) the Office of the Attending Physician;

(H) the Office of Compliance; or

(I) the Office of Technology Assessment.

(4) Employee

The term ''employee'' includes an applicant for employment and

a former employee.

(5) Employee of the Office of the Architect of the Capitol

The term ''employee of the Office of the Architect of the

Capitol'' includes any employee of the Office of the Architect of

the Capitol, the Botanic Garden, or the Senate Restaurants.

(6) Employee of the Capitol Police

The term ''employee of the Capitol Police'' includes any member

or officer of the Capitol Police.

(7) Employee of the House of Representatives

The term ''employee of the House of Representatives'' includes

an individual occupying a position the pay for which is disbursed

by the Clerk of the House of Representatives, or another official

designated by the House of Representatives, or any employment

position in an entity that is paid with funds derived from the

clerk-hire allowance of the House of Representatives but not any

such individual employed by any entity listed in subparagraphs

(8) Employee of the Senate

The term ''employee of the Senate'' includes any employee whose

pay is disbursed by the Secretary of the Senate, but not any such

individual employed by any entity listed in subparagraphs (C)

through (I) of paragraph (3).

(9) Employing office

The term ''employing office'' means -

(A) the personal office of a Member of the House of

Representatives or of a Senator;

(B) a committee of the House of Representatives or the Senate

or a joint committee;

authority to appoint, hire, discharge, and set the terms,

conditions, or privileges of the employment of an employee of

the House of Representatives or the Senate; or

(D) the Capitol Guide Board, the Capitol Police Board, the

Congressional Budget Office, the Office of the Architect of the

Capitol, the Office of the Attending Physician, the Office of

Compliance, and the Office of Technology Assessment.

(10) Executive Director

The term ''Executive Director'' means the Executive Director of

the Office of Compliance.

(11) General Counsel

The term ''General Counsel'' means the General Counsel of the

Office of Compliance.

(12) Office

The term ''Office'' means the Office of Compliance.

-SOURCE-

(Pub. L. 104-1, title I, Sec. 101, Jan. 23, 1995, 109 Stat. 4.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 104-1, Jan. 23, 1995, 109 Stat. 3, as

amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see Short Title

note below and Tables.

-MISC2-

SHORT TITLE

Section 1(a) of Pub. L. 104-1 provided that: ''This Act (enacting

this chapter, amending sections 1201, 1202, 1219, 1220, and 1831 of

this title, section 6381 of Title 5, Government Organization and

Employees, sections 203, 633a, 2611, and 2617 of Title 29, Labor,

and sections 2000e-16 and 12209 of Title 42, The Public Health and

Welfare, repealing sections 60m, 60n, 1203 to 1218, 1221, 1223, and

1224 of this title, and enacting provisions set out as a note under

section 751 of Title 31, Money and Finance) may be cited as the

'Congressional Accountability Act of 1995'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 60c-5, 1316a of this

title.

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2 USC Sec. 1302 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1302. Application of laws

-STATUTE-

(a) Laws made applicable

The following laws shall apply, as prescribed by this chapter, to

the legislative branch of the Federal Government:

(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et

seq.).

(2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e

et seq.).

(3) The Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.).

(4) The Age Discrimination in Employment Act of 1967 (29 U.S.C.

621 et seq.).

(5) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et

seq.).

(6) The Occupational Safety and Health Act of 1970 (29 U.S.C.

651 et seq.).

(7) Chapter 71 (relating to Federal service labor-management

relations) of title 5.

(8) The Employee Polygraph Protection Act of 1988 (29 U.S.C.

2001 et seq.).

(9) The Worker Adjustment and Retraining Notification Act (29

U.S.C. 2101 et seq.).

(10) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

(11) Chapter 43 (relating to veterans' employment and

reemployment) of title 38.

(b) Laws which may be made applicable

(1) In general

The Board shall review provisions of Federal law (including

regulations) relating to (A) the terms and conditions of

employment (including hiring, promotion, demotion, termination,

salary, wages, overtime compensation, benefits, work assignments

or reassignments, grievance and disciplinary procedures,

protection from discrimination in personnel actions, occupational

health and safety, and family and medical and other leave) of

employees, and (B) access to public services and accommodations.

(2) Board report

Beginning on December 31, 1996, and every 2 years thereafter,

the Board shall report on (A) whether or to what degree the

provisions described in paragraph (1) are applicable or

inapplicable to the legislative branch, and (B) with respect to

provisions inapplicable to the legislative branch, whether such

provisions should be made applicable to the legislative branch.

The presiding officers of the House of Representatives and the

Senate shall cause each such report to be printed in the

Congressional Record and each such report shall be referred to

the committees of the House of Representatives and the Senate

with jurisdiction.

(3) Reports of congressional committees

Each report accompanying any bill or joint resolution relating

to terms and conditions of employment or access to public

services or accommodations reported by a committee of the House

of Representatives or the Senate shall -

(A) describe the manner in which the provisions of the bill

or joint resolution apply to the legislative branch; or

(B) in the case of a provision not applicable to the

legislative branch, include a statement of the reasons the

provision does not apply.

On the objection of any Member, it shall not be in order for the

Senate or the House of Representatives to consider any such bill

or joint resolution if the report of the committee on such bill

or joint resolution does not comply with the provisions of this

paragraph. This paragraph may be waived in either House by

majority vote of that House.

-SOURCE-

(Pub. L. 104-1, title I, Sec. 102, Jan. 23, 1995, 109 Stat. 5.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in subsec.

(a)(1), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

Title 29, Labor. For complete classification of this Act to the

Code, see section 201 of Title 29 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (a)(2), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 252, as amended. Title VII

of the Act is classified generally to subchapter VI (Sec. 2000e et

seq.) of chapter 21 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 2000a of Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (a)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended, which is classified principally to chapter 126 (Sec.

12101 et seq.) of Title 42. For complete classification of this Act

to the Code, see Short Title note set out under section 12101 of

Title 42 and Tables.

The Age Discrimination in Employment Act of 1967, referred to in

subsec. (a)(4), is Pub. L. 90-202, Dec. 15, 1967, 81 Stat. 602, as

amended, which is classified generally to chapter 14 (Sec. 621 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 621 of

Title 29 and Tables.

The Family and Medical Leave Act of 1993, referred to in subsec.

(a)(5), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6, as amended,

which enacted sections 60m and 60n of this title, sections 6381 to

6387 of Title 5, Government Organization and Employees, and chapter

28 (Sec. 2601 et seq.) of Title 29, Labor, amended section 2105 of

Title 5, and enacted provisions set out as notes under section 2601

of Title 29. For complete classification of this Act to the Code,

see Short Title note set out under section 2601 of Title 29 and

Tables.

The Occupational Safety and Health Act of 1970, referred to in

subsec. (a)(6), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as

amended, which is classified principally to chapter 15 (Sec. 651 et

seq.) of Title 29. For complete classification of this Act to the

Code, see Short Title note set out under section 651 of Title 29

and Tables.

The Employee Polygraph Protection Act of 1988, referred to in

subsec. (a)(8), is Pub. L. 100-347, June 27, 1988, 102 Stat. 646,

as amended, which is classified generally to chapter 22 (Sec. 2001

et seq.) of Title 29. For complete classification of this Act to

the Code, see Short Title note set out under section 2001 of Title

29 and Tables.

The Worker Adjustment and Retraining Notification Act, referred

to in subsec. (a)(9), is Pub. L. 100-379, Aug. 4, 1988, 102 Stat.

890, which is classified generally to chapter 23 (Sec. 2101 et

seq.) of Title 29. For complete classification of this Act to the

Code, see Short Title note set out under section 2101 of Title 29

and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (a)(10),

is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which

is classified generally to chapter 16 (Sec. 701 et seq.) of Title

29. For complete classification of this Act to the Code, see Short

Title note set out under section 701 of Title 29 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1381, 1382, 1405, 1431,

1927 of this title.

-CITE-

2 USC SUBCHAPTER II - EXTENSION OF RIGHTS AND

PROTECTIONS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

-HEAD-

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1384, 1405, 1434 of

this title.

-CITE-

2 USC Part A - Employment Discrimination, Family and

Medical Leave, Fair Labor Standards,

Employee Polygraph Protection, Worker

Adjustment and Retraining, E 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker Adjustment

and Retraining, Employment and Reemployment of Veterans, and

Intimidation

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1316a, 1361, 1401, 1402,

1407 of this title.

-CITE-

2 USC Sec. 1311 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 1311. Rights and protections under title VII of Civil Rights

Act of 1964, Age Discrimination in Employment Act of 1967,

Rehabilitation Act of 1973, and title I of Americans with

Disabilities Act of 1990

-STATUTE-

(a) Discriminatory practices prohibited

All personnel actions affecting covered employees shall be made

free from any discrimination based on -

(1) race, color, religion, sex, or national origin, within the

meaning of section 703 of the Civil Rights Act of 1964 (42 U.S.C.

2000e-2);

(2) age, within the meaning of section 15 of the Age

Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or

(3) disability, within the meaning of section 501 of the

Rehabilitation Act of 1973 (29 U.S.C. 791) and sections 102

through 104 of the Americans with Disabilities Act of 1990 (42

U.S.C. 12112-12114).

(b) Remedy

(1) Civil rights

The remedy for a violation of subsection (a)(1) of this section

shall be -

(A) such remedy as would be appropriate if awarded under

section 706(g) of the Civil Rights Act of 1964 (42 U.S.C.

2000e-5(g)); and

(B) such compensatory damages as would be appropriate if

awarded under section 1981 of title 42, or as would be

appropriate if awarded under sections 1981a(a)(1), 1981a(b)(2),

and, irrespective of the size of the employing office,

1981a(b)(3)(D) of title 42.

(2) Age discrimination

The remedy for a violation of subsection (a)(2) of this section

shall be -

(A) such remedy as would be appropriate if awarded under

section 15(c) of the Age Discrimination in Employment Act of

1967 (29 U.S.C. 633a(c)); and

(B) such liquidated damages as would be appropriate if

awarded under section 7(b) of such Act (29 U.S.C. 626(b)).

In addition, the waiver provisions of section 7(f) of such Act

(29 U.S.C. 626(f)) shall apply to covered employees.

(3) Disabilities discrimination

The remedy for a violation of subsection (a)(3) of this section

shall be -

(A) such remedy as would be appropriate if awarded under

section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C.

794a(a)(1)) or section 107(a) of the Americans with

Disabilities Act of 1990 (42 U.S.C. 12117(a)); and

(B) such compensatory damages as would be appropriate if

awarded under sections 1981a(a)(2), 1981a(a)(3), 1981a(b)(2),

and, irrespective of the size of the employing office,

1981a(b)(3)(D) of title 42.

(d) Effective date

This section shall take effect 1 year after January 23, 1995.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 201, Jan. 23, 1995, 109 Stat. 7.)

-COD-

CODIFICATION

Section is comprised of section 201 of Pub. L. 104-1. Subsec. (c)

of section 201 of Pub. L. 104-1 amended section 633a of Title 29,

Labor, and sections 2000e-16 and 12209 of Title 42, The Public

Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1331, 1408, 1415, 1432,

1435 of this title.

-CITE-

2 USC Sec. 1312 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 1312. Rights and protections under Family and Medical Leave

Act of 1993

-STATUTE-

(a) Family and medical leave rights and protections provided

(1) In general

The rights and protections established by sections 101 through

105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611

through 2615) shall apply to covered employees.

(2) Definitions

For purposes of the application described in paragraph (1) -

(A) the term ''employer'' as used in the Family and Medical

Leave Act of 1993 means any employing office, and

(B) the term ''eligible employee'' as used in the Family and

Medical Leave Act of 1993 means a covered employee who has been

employed in any employing office for 12 months and for at least

1,250 hours of employment during the previous 12 months.

(b) Remedy

The remedy for a violation of subsection (a) of this section

shall be such remedy, including liquidated damages, as would be

appropriate if awarded under paragraph (1) of section 107(a) of the

Family and Medical Leave Act of 1993 (29 U.S.C. 2617(a)(1)).

(d) Regulations

(1) In general

The Board shall, pursuant to section 1384 of this title, issue

regulations to implement the rights and protections under this

section.

(2) Agency regulations

The regulations issued under paragraph (1) shall be the same as

substantive regulations promulgated by the Secretary of Labor to

implement the statutory provisions referred to in subsection (a)

of this section except insofar as the Board 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.

(e) Effective date

(1) In general

Subsections (a) and (b) of this section shall be effective 1

year after January 23, 1995.

(2) General Accounting Office and Library of Congress

Subsection (c) of this section shall be effective 1 year after

transmission to the Congress of the study under section 1371 of

this title.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 202, Jan. 23, 1995, 109 Stat. 9.)

-REFTEXT-

REFERENCES IN TEXT

The Family and Medical Leave Act of 1993, referred to in subsec.

(a)(2), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6, as amended,

which enacted sections 60m and 60n of this title, sections 6381 to

6387 of Title 5, Government Organization and Employees, and chapter

28 (Sec. 2601 et seq.) of Title 29, Labor, amended section 2105 of

Title 5, and enacted provisions set out as notes under section 2601

of Title 29. For complete classification of this Act to the Code,

see Short Title note set out under section 2601 of Title 29 and

Tables.

Subsection (c) of this section, referred to in subsec. (e)(2),

amended section 6381 of Title 5, Government Organization and

Employees, and sections 2611 and 2617 of Title 29, Labor.

-COD-

CODIFICATION

Section is comprised of section 202 of Pub. L. 104-1. Subsec. (c)

of section 202 of Pub. L. 104-1 amended section 6381 of Title 5,

Government Organization and Employees, and sections 2611 and 2617

of Title 29, Labor.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1435 of this title.

-CITE-

2 USC Sec. 1313 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 1313. Rights and protections under Fair Labor Standards Act of

1938

-STATUTE-

(a) Fair labor standards

(1) In general

The rights and protections established by subsections (a)(1)

and (d) of section 6, section 7, and section 12(c) of the Fair

Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207,

212(c)) shall apply to covered employees.

(2) Interns

For the purposes of this section, the term ''covered employee''

does not include an intern as defined in regulations under

subsection (c) of this section.

(3) Compensatory time

Except as provided in regulations under subsection (c)(3) of

this section and in subsection (c)(4) of this section, covered

employees may not receive compensatory time in lieu of overtime

compensation.

(b) Remedy

The remedy for a violation of subsection (a) of this section

shall be such remedy, including liquidated damages, as would be

appropriate if awarded under section 16(b) of the Fair Labor

Standards Act of 1938 (29 U.S.C. 216(b)).

(1) In general

The Board shall, pursuant to section 1384 of this title, issue

regulations to implement this section.

(2) Agency regulations

Except as provided in paragraph (3), the regulations issued

under paragraph (1) shall be the same as substantive regulations

promulgated by the Secretary of Labor to implement the statutory

provisions referred to in subsection (a) of this section except

insofar as the Board 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.

(3) Irregular work schedules

The Board shall issue regulations for covered employees whose

work schedules directly depend on the schedule of the House of

Representatives or the Senate that shall be comparable to the

provisions in the Fair Labor Standards Act of 1938 (29 U.S.C. 201

et seq.) that apply to employees who have irregular work

schedules.

(4) Law enforcement

Law enforcement personnel of the Capitol Police who are subject

to the exemption under section 7(k) of the Fair Labor Standards

Act of 1938 (29 U.S.C. 207(k)) may elect to receive compensatory

time off in lieu of overtime compensation for hours worked in

excess of the maximum for their work period.

(d) Omitted

(e) Effective date

Subsections (a) and (b) of this section shall be effective 1 year

after January 23, 1995.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 203, Jan. 23, 1995, 109 Stat. 10;

Pub. L. 104-197, title III, Sec. 312, Sept. 16, 1996, 110 Stat.

2415.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in subsec.

(c)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

Title 29, Labor. For complete classification of this Act to the

Code, see section 201 of Title 29 and Tables.

-COD-

CODIFICATION

Section is comprised of section 203 of Pub. L. 104-1. Subsec. (d)

of section 203 of Pub. L. 104-1 amended section 203 of Title 29,

Labor.

-MISC3-

AMENDMENTS

1996 - Subsec. (a)(3). Pub. L. 104-197, Sec. 312(a), inserted

''and in subsection (c)(4) of this section'' after ''subsection

(c)(3) of this section''.

Subsec. (c)(4). Pub. L. 104-197, Sec. 312(b), added par. (4).

-CITE-

2 USC Sec. 1314 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 1314. Rights and protections under Employee Polygraph

Protection Act of 1988

-STATUTE-

(a) Polygraph practices prohibited

(1) In general

No employing office, irrespective of whether a covered employee

works in that employing office, may require a covered employee to

take a lie detector test where such a test would be prohibited if

required by an employer under paragraph (1), (2), or (3) of

section 3 of the Employee Polygraph Protection Act of 1988 (29

U.S.C. 2002(1), (2), or (3)). In addition, the waiver provisions

of section 6(d) of such Act (29 U.S.C. 2005(d)) shall apply to

covered employees.

(2) Definitions

For purposes of this section, the term ''covered employee''

shall include employees of the General Accounting Office and the

Library of Congress and the term ''employing office'' shall

include the General Accounting Office and the Library of

Congress.

(3) Capitol Police

Nothing in this section shall preclude the Capitol Police from

using lie detector tests in accordance with regulations under

subsection (c) of this section.

(b) Remedy

The remedy for a violation of subsection (a) of this section

shall be such remedy as would be appropriate if awarded under

section 6(c)(1) of the Employee Polygraph Protection Act of 1988

(29 U.S.C. 2005(c)(1)).

(1) In general

The Board shall, pursuant to section 1384 of this title, issue

regulations to implement this section.

(2) Agency regulations

The regulations issued under paragraph (1) shall be the same as

substantive regulations promulgated by the Secretary of Labor to

implement the statutory provisions referred to in subsections (a)

and (b) of this section except insofar as the Board 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.

(d) Effective date

(1) In general

Except as provided in paragraph (2), subsections (a) and (b) of

this section shall be effective 1 year after January 23, 1995.

(2) General Accounting Office and Library of Congress

This section shall be effective with respect to the General

Accounting Office and the Library of Congress 1 year after

transmission to the Congress of the study under section 1371 of

this title.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 204, Jan. 23, 1995, 109 Stat. 10.)

-CITE-

2 USC Sec. 1315 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 1315. Rights and protections under Worker Adjustment and

Retraining Notification Act

-STATUTE-

(a) Worker adjustment and retraining notification rights

(1) In general

No employing office shall be closed or a mass layoff ordered

within the meaning of section 3 of the Worker Adjustment and

Retraining Notification Act (29 U.S.C. 2102) until the end of a

60-day period after the employing office serves written notice of

such prospective closing or layoff to representatives of covered

employees or, if there are no representatives, to covered

employees.

(2) Definitions

For purposes of this section, the term ''covered employee''

shall include employees of the General Accounting Office and the

Library of Congress and the term ''employing office'' shall

include the General Accounting Office and the Library of

Congress.

(b) Remedy

The remedy for a violation of subsection (a) of this section

shall be such remedy as would be appropriate if awarded under

paragraphs (1), (2), and (4) of section 5(a) of the Worker

Adjustment and Retraining Notification Act (29 U.S.C. 2104(a)(1),

(2), and (4)).

(1) In general

The Board shall, pursuant to section 1384 of this title, issue

regulations to implement this section.

(2) Agency regulations

The regulations issued under paragraph (1) shall be the same as

substantive regulations promulgated by the Secretary of Labor to

implement the statutory provisions referred to in subsection (a)

of this section except insofar as the Board 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.

(d) Effective date

(1) In general

Except as provided in paragraph (2), subsections (a) and (b) of

this section shall be effective 1 year after January 23, 1995.

(2) General Accounting Office and Library of Congress

This section shall be effective with respect to the General

Accounting Office and the Library of Congress 1 year after

transmission to the Congress of the study under section 1371 of

this title.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 205, Jan. 23, 1995, 109 Stat. 11.)

-CITE-

2 USC Sec. 1316 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 1316. Rights and protections relating to veterans' employment

and reemployment

-STATUTE-

(a) Employment and reemployment rights of members of uniformed

services

(1) In general

It shall be unlawful for an employing office to -

(A) discriminate, within the meaning of subsections (a) and

(b) of section 4311 of title 38, against an eligible employee;

(B) deny to an eligible employee reemployment rights within

the meaning of sections 4312 and 4313 of title 38; or

of sections 4316, 4317, and 4318 of title 38.

(2) Definitions

For purposes of this section -

(A) the term ''eligible employee'' means a covered employee

performing service in the uniformed services, within the

meaning of section 4303(13) of title 38, whose service has not

been terminated upon occurrence of any of the events enumerated

in section 4304 of title 38,

(B) the term ''covered employee'' includes employees of the

General Accounting Office and the Library of Congress, and

Accounting Office and the Library of Congress.

(b) Remedy

The remedy for a violation of subsection (a) of this section

shall be such remedy as would be appropriate if awarded under

paragraphs (1), (2)(A), and (3) of section 4323(c) of title 38.

(1) In general

The Board shall, pursuant to section 1384 of this title, issue

regulations to implement this section.

(2) Agency regulations

The regulations issued under paragraph (1) shall be the same as

substantive regulations promulgated by the Secretary of Labor to

implement the statutory provisions referred to in subsection (a)

of this section except to the extent that the Board 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.

(d) Effective date

(1) In general

Except as provided in paragraph (2), subsections (a) and (b) of

this section shall be effective 1 year after January 23, 1995.

(2) General Accounting Office and Library of Congress

This section shall be effective with respect to the General

Accounting Office and the Library of Congress 1 year after

transmission to the Congress of the study under section 1371 of

this title.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 206, Jan. 23, 1995, 109 Stat. 12.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1361 of this title.

-CITE-

2 USC Sec. 1316a 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 1316a. Legislative branch appointments

-STATUTE-

(1) Definitions

For the purposes of this section, the terms ''covered employee''

and ''Board'' shall each have the meaning given such term by

section 101 of the Congressional Accountability Act of 1995 (2

U.S.C. 1301).

(2) Rights and protections

The rights and protections established under section 2108,

sections 3309 through 3312, and subchapter I of chapter 35, of

title 5, shall apply to covered employees.

(3) Remedies

(A) In general

The remedy for a violation of paragraph (2) shall be such

remedy as would be appropriate if awarded under applicable

provisions of title 5 in the case of a violation of the relevant

corresponding provision (referred to in paragraph (2)) of such

title.

(B) Procedure

The procedure for consideration of alleged violations of

paragraph (2) shall be the same as apply under section 401 of the

Congressional Accountability Act of 1995 (2 U.S.C. 1401) (and the

provisions of law referred to therein) in the case of an alleged

violation of part A of title II of such Act (2 U.S.C. 1311 et

seq.).

(4) Regulations to implement section

(A) In general

The Board shall, pursuant to section 304 of the Congressional

Accountability Act of 1995 (2 U.S.C. 1384), issue regulations to

implement this section.

(B) Agency regulations

The regulations issued under subparagraph (A) shall be the same

as the most relevant substantive regulations (applicable with

respect to the executive branch) promulgated to implement the

statutory provisions referred to in paragraph (2) except insofar

as the Board 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.

The regulations issued under subparagraph (A) shall be

consistent with section 225 of the Congressional Accountability

Act of 1995 (2 U.S.C. 1361).

(5) Applicability

Notwithstanding any other provision of this section, the term

''covered employee'' shall not, for purposes of this section,

include an employee -

(A) whose appointment is made by the President with the advice

and consent of the Senate;

(B) whose appointment is made by a Member of Congress or by a

committee or subcommittee of either House of Congress; or

equivalent to those of a Senior Executive Service position

(within the meaning of section 3132(a)(2) of title 5).

(6) Effective date

Paragraphs (2) and (3) shall be effective as of the effective

date of the regulations under paragraph (4).

-SOURCE-

(Pub. L. 105-339, Sec. 4(c), Oct. 31, 1998, 112 Stat. 3185.)

-REFTEXT-

REFERENCES IN TEXT

The Congressional Accountability Act of 1995, referred to in par.

(3)(B), is Pub. L. 104-1, Jan. 23, 1995, 109 Stat. 3, as amended.

Part A of title II of the Act enacted this part and amended section

6381 of Title 5, Government Organization and Employees, sections

203, 633a, 2611, and 2617 of Title 29, Labor, and sections 2000e-16

and 12209 of Title 42, The Public Health and Welfare. For complete

classification of part A to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Veterans Employment

Opportunities Act of 1998, and not as part of the Congressional

Accountability Act of 1995 which comprises this chapter.

-CITE-

2 USC Sec. 1317 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part A - Employment Discrimination, Family and Medical Leave, Fair

Labor Standards, Employee Polygraph Protection, Worker

Adjustment and Retraining, E

-HEAD-

Sec. 1317. Prohibition of intimidation or reprisal

-STATUTE-

(a) In general

It shall be unlawful for an employing office to intimidate, take

reprisal against, or otherwise discriminate against, any covered

employee because the covered employee has opposed any practice made

unlawful by this chapter, or because the covered employee has

initiated proceedings, made a charge, or testified, assisted, or

participated in any manner in a hearing or other proceeding under

this chapter.

(b) Remedy

The remedy available for a violation of subsection (a) of this

section shall be such legal or equitable remedy as may be

appropriate to redress a violation of subsection (a) of this

section.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 207, Jan. 23, 1995, 109 Stat. 13.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

''this Act'', meaning Pub. L. 104-1, Jan. 23, 1995, 109 Stat. 3, as

amended, 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.

-CITE-

2 USC Part B - Public Services and Accommodations Under

Americans with Disabilities Act of 1990 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part B - Public Services and Accommodations Under Americans with

Disabilities Act of 1990

-HEAD-

Part B - Public Services and Accommodations Under Americans with

Disabilities Act of 1990

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1407 of this title.

-CITE-

2 USC Sec. 1331 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part B - Public Services and Accommodations Under Americans with

Disabilities Act of 1990

-HEAD-

Sec. 1331. Rights and protections under Americans with Disabilities

Act of 1990 relating to public services and accommodations;

procedures for remedy of violations

-STATUTE-

(a) Entities subject to this section

The requirements of this section shall apply to -

(1) each office of the Senate, including each office of a

Senator and each committee;

(2) each office of the House of Representatives, including each

office of a Member of the House of Representatives and each

committee;

(3) each joint committee of the Congress;

(4) the Capitol Guide Service;

(5) the Capitol Police;

(6) the Congressional Budget Office;

(7) the Office of the Architect of the Capitol (including the

Senate Restaurants and the Botanic Garden);

(8) the Office of the Attending Physician;

(9) the Office of Compliance; and

(10) the Office of Technology Assessment.

(b) Discrimination in public services and accommodations

(1) Rights and protections

The rights and protections against discrimination in the

provision of public services and accommodations established by

sections 201 through 230, 302, 303, and 309 of the Americans with

Disabilities Act of 1990 (42 U.S.C. 12131-12150, 12182, 12183,

and 12189) shall apply to the entities listed in subsection (a)

of this section.

(2) Definitions

For purposes of the application of title II of the Americans

with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) under

this section, the term ''public entity'' means any entity listed

in subsection (a) of this section that provides public services,

programs, or activities.

The remedy for a violation of subsection (b) of this section

shall be such remedy as would be appropriate if awarded under

section 203 or 308(a) of the Americans with Disabilities Act of

1990 (42 U.S.C. 12133, 12188(a)), except that, with respect to any

claim of employment discrimination asserted by any covered

employee, the exclusive remedy shall be under section 1311 of this

title.

(d) Available procedures

(1) Charge filed with General Counsel

A qualified individual with a disability, as defined in section

201(2) of the Americans with Disabilities Act of 1990 (42 U.S.C.

12131(2)), who alleges a violation of subsection (b) of this

section by an entity listed in subsection (a) of this section,

may file a charge against any entity responsible for correcting

the violation with the General Counsel within 180 days of the

occurrence of the alleged violation. The General Counsel shall

investigate the charge.

(2) Mediation

If, upon investigation under paragraph (1), the General Counsel

believes that a violation of subsection (b) of this section may

have occurred and that mediation may be helpful in resolving the

dispute, the General Counsel may request, but not participate in,

mediation under subsections (b) through (d) of section 1403 of

this title between the charging individual and any entity

responsible for correcting the alleged violation.

(3) Complaint, hearing, Board review

If mediation under paragraph (2) has not succeeded in resolving

the dispute, and if the General Counsel believes that a violation

of subsection (b) of this section may have occurred, the General

Counsel may file with the Office a complaint against any entity

responsible for correcting the violation. The complaint shall be

submitted to a hearing officer for decision pursuant to

subsections (b) through (h) of section 1405 of this title and any

person who has filed a charge under paragraph (1) may intervene

as of right, with the full rights of a party. The decision of

the hearing officer shall be subject to review by the Board

pursuant to section 1406 of this title.

(4) Judicial review

A charging individual who has intervened under paragraph (3) or

any respondent to the complaint, if aggrieved by a final decision

of the Board under paragraph (3), may file a petition for review

in the United States Court of Appeals for the Federal Circuit,

pursuant to section 1407 of this title.

(5) Compliance date

If new appropriated funds are necessary to comply with an order

requiring correction of a violation of subsection (b) of this

section, compliance shall take place as soon as possible, but no

later than the fiscal year following the end of the fiscal year

in which the order requiring correction becomes final and not

subject to further review.

(e) Regulations to implement section

(1) In general

The Board shall, pursuant to section 1384 of this title, issue

regulations to implement this section.

(2) Agency regulations

The regulations issued under paragraph (1) shall be the same as

substantive regulations promulgated by the Attorney General and

the Secretary of Transportation to implement the statutory

provisions referred to in subsection (b) of this section except

to the extent that the Board 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.

(3) Entity responsible for correction

The regulations issued under paragraph (1) shall include a

method of identifying, for purposes of this section and for

categories of violations of subsection (b) of this section, the

entity responsible for correction of a particular violation.

(f) Periodic inspections; report to Congress; initial study

(1) Periodic inspections

On a regular basis, and at least once each Congress, the

General Counsel shall inspect the facilities of the entities

listed in subsection (a) of this section to ensure compliance

with subsection (b) of this section.

(2) Report

On the basis of each periodic inspection, the General Counsel

shall, at least once every Congress, prepare and submit a report

(A) to the Speaker of the House of Representatives, the

President pro tempore of the Senate, and the Office of the

Architect of the Capitol, or other entity responsible, for

correcting the violation of this section uncovered by such

inspection, and

(B) containing the results of the periodic inspection,

describing any steps necessary to correct any violation of this

section, assessing any limitations in accessibility to and

usability by individuals with disabilities associated with each

violation, and the estimated cost and time needed for

abatement.

(3) Initial period for study and corrective action

The period from January 23, 1995, until December 31, 1996,

shall be available to the Office of the Architect of the Capitol

and other entities subject to this section to identify any

violations of subsection (b) of this section, to determine the

costs of compliance, and to take any necessary corrective action

to abate any violations. The Office shall assist the Office of

the Architect of the Capitol and other entities listed in

subsection (a) of this section by arranging for inspections and

other technical assistance at their request. Prior to July 1,

1996, the General Counsel shall conduct a thorough inspection

under paragraph (1) and shall submit the report under paragraph

(2) for the One Hundred Fourth Congress.

(4) Detailed personnel

The Attorney General, the Secretary of Transportation, and the

Architectural and Transportation Barriers Compliance Board may,

on request of the Executive Director, detail to the Office such

personnel as may be necessary to advise and assist the Office in

carrying out its duties under this section.

(g) Omitted

(h) Effective date

(1) In general

Subsections (b), (c), and (d) of this section shall be

effective on January 1, 1997.

(2) General Accounting Office, Government Printing Office, and

Library of Congress

Subsection (g) of this section shall be effective 1 year after

transmission to the Congress of the study under section 1371 of

this title.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 210, Jan. 23, 1995, 109 Stat. 13.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(2), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended. Title II of the Act is classified generally to

subchapter II (Sec. 12131 et seq.) of chapter 126 of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 12101 of

Title 42 and Tables.

Subsection (g) of this section, referred to in subsec. (h)(2),

amended section 12209 of Title 42.

-COD-

CODIFICATION

Section is comprised of section 210 of Pub. L. 104-1. Subsec. (g)

of section 210 of Pub. L. 104-1 amended section 12209 of Title 42,

The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1341, 1361, 1407, 1414,

1415, 1416, 1435 of this title.

-CITE-

2 USC Part C - Occupational Safety and Health Act of

1970 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part C - Occupational Safety and Health Act of 1970

-HEAD-

Part C - Occupational Safety and Health Act of 1970

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1407 of this title.

-CITE-

2 USC Sec. 1341 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part C - Occupational Safety and Health Act of 1970

-HEAD-

Sec. 1341. Rights and protections under Occupational Safety and

Health Act of 1970; procedures for remedy of violations

-STATUTE-

(a) Occupational safety and health protections

(1) In general

Each employing office and each covered employee shall comply

with the provisions of section 5 of the Occupational Safety and

Health Act of 1970 (29 U.S.C. 654).

(2) Definitions

For purposes of the application under this section of the

Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et

seq.) -

(A) the term ''employer'' as used in such Act means an

employing office;

(B) the term ''employee'' as used in such Act means a covered

employee;

Accounting Office, the Library of Congress, and any entity

listed in subsection (a) of section 1331 of this title that is

responsible for correcting a violation of this section,

irrespective of whether the entity has an employment

relationship with any covered employee in any employing office

in which such a violation occurs; and

(D) the term ''employee'' includes employees of the General

Accounting Office and the Library of Congress.

(b) Remedy

The remedy for a violation of subsection (a) of this section

shall be an order to correct the violation, including such order as

would be appropriate if issued under section 13(a) of the

Occupational Safety and Health Act of 1970 (29 U.S.C. 662(a)).

(1) Requests for inspections

Upon written request of any employing office or covered

employee, the General Counsel shall exercise the authorities

granted to the Secretary of Labor by subsections (a), (d), (e),

and (f) of section 8 of the Occupational Safety and Health Act of

1970 (29 U.S.C. 657(a), (d), (e), and (f)) to inspect and

investigate places of employment under the jurisdiction of

employing offices.

(2) Citations, notices, and notifications

For purposes of this section, the General Counsel shall

exercise the authorities granted to the Secretary of Labor in

sections 9 and 10 of the Occupational Safety and Health Act of

1970 (29 U.S.C. 658 and 659), to issue -

(A) a citation or notice to any employing office responsible

for correcting a violation of subsection (a) of this section;

(B) a notification to any employing office that the General

Counsel believes has failed to correct a violation for which a

citation has been issued within the period permitted for its

correction.

(3) Hearings and review

If after issuing a citation or notification, the General

Counsel determines that a violation has not been corrected, the

General Counsel may file a complaint with the Office against the

employing office named in the citation or notification. The

complaint shall be submitted to a hearing officer for decision

pursuant to subsections (b) through (h) of section 1405 of this

title, subject to review by the Board pursuant to section 1406 of

this title.

(4) Variance procedures

An employing office may request from the Board an order

granting a variance from a standard made applicable by this

section. For the purposes of this section, the Board shall

exercise the authorities granted to the Secretary of Labor in

sections 6(b)(6) and 6(d) of the Occupational Safety and Health

Act of 1970 (29 U.S.C. 655(b)(6) and 655(d)) to act on any

employing office's request for a variance. The Board shall refer

the matter to a hearing officer pursuant to subsections (b)

through (h) of section 1405 of this title, subject to review by

the Board pursuant to section 1406 of this title.

(5) Judicial review

The General Counsel or employing office aggrieved by a final

decision of the Board under paragraph (3) or (4), may file a

petition for review with the United States Court of Appeals for

the Federal Circuit pursuant to section 1407 of this title.

(6) Compliance date

If new appropriated funds are necessary to correct a violation

of subsection (a) of this section for which a citation is issued,

or to comply with an order requiring correction of such a

violation, correction or compliance shall take place as soon as

possible, but not later than the end of the fiscal year following

the fiscal year in which the citation is issued or the order

requiring correction becomes final and not subject to further

review.

(d) Regulations to implement section

(1) In general

The Board shall, pursuant to section 1384 of this title, issue

regulations to implement this section.

(2) Agency regulations

The regulations issued under paragraph (1) shall be the same as

substantive regulations promulgated by the Secretary of Labor to

implement the statutory provisions referred to in subsection (a)

of this section except to the extent that the Board 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.

(3) Employing office responsible for correction

The regulations issued under paragraph (1) shall include a

method of identifying, for purposes of this section and for

different categories of violations of subsection (a) of this

section, the employing office responsible for correction of a

particular violation.

(e) Periodic inspections; report to Congress

(1) Periodic inspections

On a regular basis, and at least once each Congress, the

General Counsel, exercising the same authorities of the Secretary

of Labor as under subsection (c)(1) of this section, shall

conduct periodic inspections of all facilities of the House of

Representatives, the Senate, the Capitol Guide Service, the

Capitol Police, the Congressional Budget Office, the Office of

the Architect of the Capitol, the Office of the Attending

Physician, the Office of Compliance, the Office of Technology

Assessment, the Library of Congress, and the General Accounting

Office to report on compliance with subsection (a) of this

section.

(2) Report

On the basis of each periodic inspection, the General Counsel

shall prepare and submit a report -

(A) to the Speaker of the House of Representatives, the

President pro tempore of the Senate, and the Office of the

Architect of the Capitol or other employing office responsible

for correcting the violation of this section uncovered by such

inspection, and

(B) containing the results of the periodic inspection,

identifying the employing office responsible for correcting the

violation of this section uncovered by such inspection,

describing any steps necessary to correct any violation of this

section, and assessing any risks to employee health and safety

associated with any violation.

(3) Action after report

If a report identifies any violation of this section, the

General Counsel shall issue a citation or notice in accordance

with subsection (c)(2)(A) of this section.

(4) Detailed personnel

The Secretary of Labor may, on request of the Executive

Director, detail to the Office such personnel as may be necessary

to advise and assist the Office in carrying out its duties under

this section.

(f) Initial period for study and corrective action

The period from January 23, 1995, until December 31, 1996, shall

be available to the Office of the Architect of the Capitol and

other employing offices to identify any violations of subsection

(a) of this section, to determine the costs of compliance, and to

take any necessary corrective action to abate any violations. The

Office shall assist the Office of the Architect of the Capitol and

other employing offices by arranging for inspections and other

technical assistance at their request. Prior to July 1, 1996, the

General Counsel shall conduct a thorough inspection under

subsection (e)(1) of this section and shall submit the report under

subsection (e)(2) of this section for the One Hundred Fourth

Congress.

(g) Effective date

(1) In general

Except as provided in paragraph (2), subsections (a), (b), (c),

and (e)(3) of this section shall be effective on January 1, 1997.

(2) General Accounting Office and Library of Congress

This section shall be effective with respect to the General

Accounting Office and the Library of Congress 1 year after

transmission to the Congress of the study under section 1371 of

this title.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 215, Jan. 23, 1995, 109 Stat. 16.)

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

subsec. (a)(2), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as

amended, which is classified principally to chapter 15 (Sec. 651 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 651 of

Title 29 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1407, 1414, 1415, 1416 of

this title.

-CITE-

2 USC Part D - Labor-Management Relations 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part D - Labor-Management Relations

-HEAD-

Part D - Labor-Management Relations

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1407 of this title.

-CITE-

2 USC Sec. 1351 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part D - Labor-Management Relations

-HEAD-

Sec. 1351. Application of chapter 71 of title 5 relating to Federal

service labor-management relations; procedures for remedy of

violations

-STATUTE-

(a) Labor-management rights

(1) In general

The rights, protections, and responsibilities established under

sections 7102, 7106, 7111 through 7117, 7119 through 7122, and

7131 of title 5 shall apply to employing offices and to covered

employees and representatives of those employees.

(2) ''Agency'' defined

For purposes of the application under this section of the

sections referred to in paragraph (1), the term ''agency'' shall

be deemed to include an employing office.

(b) Remedy

The remedy for a violation of subsection (a) of this section

shall be such remedy, including a remedy under section 7118(a)(7)

of title 5, as would be appropriate if awarded by the Federal Labor

Relations Authority to remedy a violation of any provision made

applicable by subsection (a) of this section.

(1) General authorities of Board; petitions

For purposes of this section and except as otherwise provided

in this section, the Board shall exercise the authorities of the

Federal Labor Relations Authority under sections 7105, 7111,

7112, 7113, 7115, 7117, 7118, and 7122 of title 5 and of the

President under section 7103(b) of title 5. For purposes of this

section, any petition or other submission that, under chapter 71

of title 5, would be submitted to the Federal Labor Relations

Authority shall, if brought under this section, be submitted to

the Board. The Board 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, subject to review by

the Board pursuant to section 1406 of this title. The Board may

direct that the General Counsel carry out the Board'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 shall exercise the

authorities of the General Counsel 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 of title 5, would be submitted to the General Counsel

of the Federal Labor Relations Authority shall, if brought under

this section, be submitted to the General Counsel. If any person

charges an employing office 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 shall investigate the charge

and may file a complaint with the Office. The complaint shall be

submitted to a hearing officer for decision pursuant to

subsections (b) through (h) of section 1405 of this title,

subject to review by the Board pursuant to section 1406 of this

title.

(3) Judicial review

Except for matters referred to in paragraphs (1) and (2) of

section 7123(a) of title 5, the General Counsel or the respondent

to the complaint, if aggrieved by a final decision of the Board

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.

(4) Exercise of impasses panel authority; requests

For purposes of this section and except as otherwise provided

in this section, the Board shall exercise the authorities of the

Federal Service Impasses Panel under section 7119 of title 5. For

purposes of this section, any request that, under chapter 71 of

title 5, would be presented to the Federal Service Impasses Panel

shall, if made under this section, be presented to the Board. At

the request of the Board, the Executive Director shall appoint a

mediator or mediators to perform the functions of the Federal

Service Impasses Panel under section 7119 of title 5.

(d) Regulations to implement section

(1) In general

The Board shall, pursuant to section 1384 of this title, issue

regulations to implement this section.

(2) Agency regulations

Except as provided in subsection (e) of this section, the

regulations issued under paragraph (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) of this section except -

(A) to the extent that the Board 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 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 shall issue regulations pursuant to section 1384 of

this title on the manner and 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 substantive

regulations issued by the Federal Labor Relations Authority under

chapter 71 of title 5, except -

(A) to the extent that the Board 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 shall exclude from coverage under this

section any covered employees who are employed in offices

listed in paragraph (2) if the Board 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 referred to in paragraph (1) include -

(A) the personal office of any Member 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;

Senate), the Office of the President pro tempore of the Senate,

the Office of the Majority Leader of the Senate, the Office of

the Minority Leader of the Senate, the Office of the Majority

Whip of the Senate, the Office 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 of the

Secretary of the Conference of the Majority of the Senate, the

Office of the Secretary of the Conference of the Minority of

the Senate, the Office of the Secretary for the Majority of the

Senate, the Office 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 within the Office of the Secretary of the Senate:

Offices 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 of the Speaker of the House of

Representatives, the Office of the Majority Leader of the House

of Representatives, the Office of the Minority Leader of the

House of Representatives, the Offices of the Chief Deputy

Majority Whips, the Offices of the Chief Deputy Minority Whips

and the following offices within the Office of the Clerk of the

House of Representatives: Offices of Legislative Operations,

Official Reporters of Debate, Official Reporters to Committees,

Printing Services, and Legislative Information;

(E) the Office of the Legislative Counsel of the Senate, the

Office of the Senate Legal Counsel, the Office of the

Legislative Counsel of the House of Representatives, the Office

of the General Counsel of the House of Representatives, the

Office of the Parliamentarian of the House of Representatives,

and the Office of the Law Revision Counsel;

(F) the offices of any caucus or party organization;

(G) the Congressional Budget Office, the Office of Technology

Assessment, and the Office of Compliance; and

(H) such other offices that perform comparable functions

which are identified under regulations of the Board.

(f) Effective date

(1) In general

Except as provided in paragraph (2), subsections (a) and (b) of

this section shall be effective on October 1, 1996.

(2) Certain offices

With respect to the offices listed in subsection (e)(2) of this

section, to the covered employees of such offices, and to

representatives of such employees, subsections (a) and (b) of

this section shall be effective on the effective date of

regulations under subsection (e) of this section.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 220, Jan. 23, 1995, 109 Stat. 19.)

-REFTEXT-

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, as

amended, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1407, 1411, 1414 of this

title.

-CITE-

2 USC Part E - General 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part E - General

-HEAD-

Part E - General

-CITE-

2 USC Sec. 1361 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part E - General

-HEAD-

Sec. 1361. Generally applicable remedies and limitations

-STATUTE-

(a) Attorney's fees

If a covered employee, with respect to any claim under this

chapter, or a qualified person with a disability, with respect to

any claim under section 1331 of this title, is a prevailing party

in any proceeding under section 1405, 1406, 1407, or 1408 of this

title, the hearing officer, Board, or court, as the case may be,

may award attorney's fees, expert fees, and any other costs as

would be appropriate if awarded under section 2000e-5(k) of title

42.

(b) Interest

In any proceeding under section 1405, 1406, 1407, or 1408 of this

title, the same interest to compensate for delay in payment shall

be made available as would be appropriate if awarded under section

2000e-16(d) of title 42.

No civil penalty or punitive damages may be awarded with respect

to any claim under this chapter.

(d) Exclusive procedure

(1) In general

Except as provided in paragraph (2), no person may commence an

administrative or judicial proceeding to seek a remedy for the

rights and protections afforded by this chapter except as

provided in this chapter.

(2) Veterans

A covered employee under section 1316 of this title may also

utilize any provisions of chapter 43 of title 38 that are

applicable to that employee.

(e) Scope of remedy

Only a covered employee who has undertaken and completed the

procedures described in sections 1402 and 1403 of this title may be

granted a remedy under part A of this subchapter.

(f) Construction

(1) Definitions and exemptions

Except where inconsistent with definitions and exemptions

provided in this chapter, the definitions and exemptions in the

laws made applicable by this chapter shall apply under this

chapter.

(2) Size limitations

Notwithstanding paragraph (1), provisions in the laws made

applicable under this chapter (other than the Worker Adjustment

and Retraining Notification Act (29 U.S.C. 2101 et seq.))

determining coverage based on size, whether expressed in terms of

numbers of employees, amount of business transacted, or other

measure, shall not apply in determining coverage under this

chapter.

(3) Executive branch enforcement

This chapter shall not be construed to authorize enforcement by

the executive branch of this chapter.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 225, Jan. 23, 1995, 109 Stat. 22.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (c), (d)(1), and (f),

was in the original ''this Act'', meaning Pub. L. 104-1, Jan. 23,

1995, 109 Stat. 3, as amended, 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.

Part A of this subchapter, referred to in subsec. (e), was in the

original ''part A of this title'', meaning part A (Sec. 201-207) of

title II of Pub. L. 104-1, Jan. 23, 1995, 109 Stat. 7, which

enacted part A of this subchapter and amended section 6381 of Title

5, Government Organization and Employees, sections 203, 633a, 2611,

and 2617 of Title 29, Labor, and sections 2000e-16 and 12209 of

Title 42, The Public Health and Welfare. For complete

classification of part A to the Code, see Tables.

The Worker Adjustment and Retraining Notification Act, referred

to in subsec. (f)(2), is Pub. L. 100-379, Aug. 4, 1988, 102 Stat.

890, which is classified generally to chapter 23 (Sec. 2101 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 2101 of

Title 29 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1316a of this title.

-CITE-

2 USC Part F - Study 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part F - Study

-HEAD-

Part F - Study

-CITE-

2 USC Sec. 1371 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS

Part F - Study

-HEAD-

Sec. 1371. Study and recommendations regarding General Accounting

Office, Government Printing Office, and Library of Congress

-STATUTE-

(a) In general

The Board shall undertake a study of -

(1) the application of the laws listed in subsection (b) of

this section to -

(A) the General Accounting Office;

(B) the Government Printing Office; and

(2) the regulations and procedures used by the entities

referred to in paragraph (1) to apply and enforce such laws to

themselves and their employees.

(b) Applicable statutes

The study under this section shall consider the application of

the following laws:

(1) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e

et seq.), and related provisions of section 2302 of title 5.

(2) The Age Discrimination in Employment Act of 1967 (29 U.S.C.

621 et seq.), and related provisions of section 2302 of title 5.

(3) The Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.), and related provisions of section 2302 of title

(4) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et

seq.), and related provisions of sections 6381 through 6387 of

title 5.

(5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et

seq.), and related provisions of sections 5541 through 5550a of

title 5.

(6) The Occupational Safety and Health Act of 1970 (29 U.S.C.

651 et seq.), and related provisions of section 7902 of title 5.

(7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

(8) Chapter 71 (relating to Federal service labor-management

relations) of title 5.

(9) The General Accounting Office Personnel Act of 1980 (31

U.S.C. 731 et seq.).

(10) The Employee Polygraph Protection Act of 1988 (29 U.S.C.

2001 et seq.).

(11) The Worker Adjustment and Retraining Notification Act (29

U.S.C. 2101 et seq.).

(12) Chapter 43 (relating to veterans' employment and

reemployment) of title 38.

The study under this section shall evaluate whether the rights,

protections, and procedures, including administrative and judicial

relief, applicable to the entities listed in paragraph (1) of

subsection (a) of this section and their employees are

comprehensive and effective and shall include recommendations for

any improvements in regulations or legislation, including proposed

regulatory or legislative language.

(d) Deadline and delivery of study

Not later than December 31, 1996 -

(1) the Board shall prepare and complete the study and

recommendations required under this section; and

(2) the Board shall transmit such study and recommendations

(with the Board's comments) to the head of each entity considered

in the study, and to the Congress by delivery to the Speaker of

the House of Representatives and President pro tempore of the

Senate for referral to the appropriate committees of the House of

Representatives and of the Senate.

-SOURCE-

(Pub. L. 104-1, title II, Sec. 230, Jan. 23, 1995, 109 Stat. 23;

Pub. L. 104-53, title III, Sec. 309(a), (b), Nov. 19, 1995, 109

Stat. 538.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec. (b)(1), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 252, as amended. Title VII

of the Act is classified generally to subchapter VI (Sec. 2000e et

seq.) of chapter 21 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 2000a of Title 42 and Tables.

The Age Discrimination in Employment Act of 1967, referred to in

subsec. (b)(2), is Pub. L. 90-202, Dec. 15, 1967, 81 Stat. 602, as

amended, which is classified generally to chapter 14 (Sec. 621 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 621 of

Title 29 and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended, which is classified principally to chapter 126 (Sec.

12101 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 12101 of Title 42 and Tables.

The Family and Medical Leave Act of 1993, referred to in subsec.

(b)(4), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6, as amended,

which enacted sections 60m and 60n of this title, sections 6381 to

6387 of Title 5, Government Organization and Employees, and chapter

28 (Sec. 2601 et seq.) of Title 29, Labor, amended section 2105 of

Title 5, and enacted provisions set out as notes under section 2601

of Title 29. For complete classification of this Act to the Code,

see Short Title note set out under section 2601 of Title 29 and

Tables.

The Fair Labor Standards Act of 1938, referred to in subsec.

(b)(5), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended,

which is classified generally to chapter 8 (Sec. 201 et seq.) of

Title 29. For complete classification of this Act to the Code, see

section 201 of Title 29 and Tables.

The Occupational Safety and Health Act of 1970, referred to in

subsec. (b)(6), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as

amended, which is classified principally to chapter 15 (Sec. 651 et

seq.) of Title 29. For complete classification of this Act to the

Code, see Short Title note set out under section 651 of Title 29

and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (b)(7), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29.

For complete classification of this Act to the Code, see Short

Title note set out under section 701 of Title 29 and Tables.

The General Accounting Office Personnel Act of 1980, referred to

in subsec. (b)(9), is Pub. L. 96-191, Feb. 15, 1980, 94 Stat. 27,

which was classified principally to section 52-1 et seq. of former

Title 31, Money and Finance, and which was substantially repealed

by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, and

reenacted by the first section thereof principally in subchapters

III (Sec. 731 et seq.) and IV (Sec. 751 et seq.) of chapter 7 of

Title 31, Money and Finance.

The Employee Polygraph Protection Act of 1988, referred to in

subsec. (b)(10), is Pub. L. 100-347, June 27, 1988, 102 Stat. 646,

as amended, which is classified generally to chapter 22 (Sec. 2001

et seq.) of Title 29, Labor. For complete classification of this

Act to the Code, see Short Title note set out under section 2001 of

Title 29 and Tables.

The Worker Adjustment and Retraining Notification Act, referred

to in subsec. (b)(11), is Pub. L. 100-379, Aug. 4, 1988, 102 Stat.

890, which is classified generally to chapter 23 (Sec. 2101 et

seq.) of Title 29. For complete classification of this Act to the

Code, see Short Title note set out under section 2101 of Title 29

and Tables.

-MISC2-

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-53, Sec. 309(a), substituted

''Board'' for ''Administrative Conference of the United States'' in

introductory provisions.

Subsec. (d)(1). Pub. L. 104-53, Sec. 309(b), substituted

''Board'' for ''Administrative Conference of the United States''

and struck out ''and shall submit the study and recommendations to

the Board'' before semicolon.

EFFECTIVE DATE OF 1995 AMENDMENT

Section 309(c) of Pub. L. 104-53 provided that: ''The amendments

made by this section (amending this section) shall take effect only

if the Administrative Conference of the United States ceases to

exist prior to the completion and submission of the study to the

Board as required by section 230 of the Congressional

Accountability Act of 1995 (2 U.S.C. 1371). (See provision of title

II of Pub. L. 104-52, set out as a note preceding section 591 of

Title 5, Government Organization and Employees.)''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1312, 1314, 1315, 1316,

1331, 1341 of this title.

-CITE-

2 USC SUBCHAPTER III - OFFICE OF COMPLIANCE 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER III - OFFICE OF COMPLIANCE

-HEAD-

SUBCHAPTER III - OFFICE OF COMPLIANCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1434 of this title.

-CITE-

2 USC Sec. 1381 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER III - OFFICE OF COMPLIANCE

-HEAD-

Sec. 1381. Establishment of Office of Compliance

-STATUTE-

(a) Establishment

There is established, as an independent office within the

legislative branch of the Federal Government, the Office of

Compliance.

(b) Board of Directors

The Office shall have a Board of Directors. The Board shall

consist of 5 individuals appointed jointly by the Speaker of the

House of Representatives, the Majority Leader of the Senate, and

the Minority Leaders of the House of Representatives and the

Senate. Appointments of the first 5 members of the Board shall be

completed not later than 90 days after January 23, 1995.

The Chair shall be appointed from members of the Board jointly by

the Speaker of the House of Representatives, the Majority Leader of

the Senate, and the Minority Leaders of the House of

Representatives and the Senate.

(d) Board of Directors qualifications

(1) Specific qualifications

Selection and appointment of members of the Board shall be

without regard to political affiliation and solely on the basis

of fitness to perform the duties of the Office. Members of the

Board shall have training or experience in the application of the

rights, protections, and remedies under one or more of the laws

made applicable under section 1302 of this title.

(2) Disqualifications for appointments

(A) Lobbying

No individual who engages in, or is otherwise employed in,

lobbying of the Congress and who is required under the Federal

Regulation of Lobbying Act (FOOTNOTE 1) to register with the

Clerk of the House of Representatives or the Secretary of the

Senate shall be eligible for appointment to, or service on, the

Board.

(FOOTNOTE 1) See References in Text note below.

(B) Incompatible office

No member of the Board appointed under subsection (b) of this

section may hold or may have held the position of Member of the

House of Representatives or Senator, may hold the position of

officer or employee of the House of Representatives, Senate, or

instrumentality or other entity of the legislative branch, or

may have held such a position (other than the position of an

officer or employee of the General Accounting Office Personnel

Appeals Board, an officer or employee of the Office of Fair

Employment Practices of the House of Representatives, or

officer or employee of the Office of Senate Fair Employment

Practices) within 4 years of the date of appointment.

(3) Vacancies

A vacancy on the Board shall be filled in the manner in which

the original appointment was made.

(e) Term of office

(1) In general

Except as provided in paragraph (2), membership on the Board

shall be for 5 years. A member of the Board who is appointed to

a term of office of more than 3 years shall only be eligible for

appointment for a single term of office.

(2) First appointments

Of the members first appointed to the Board -

(A) 1 shall have a term of office of 3 years,

(B) 2 shall have a term of office of 4 years, and

be the Chair,

as designated at the time of appointment by the persons specified

in subsection (b) of this section.

(f) Removal

(1) Authority

Any member of the Board may be removed from office by a

majority decision of the appointing authorities described in

subsection (b) of this section, but only for -

(A) disability that substantially prevents the member from

carrying out the duties of the member,

(B) incompetence,

(D) malfeasance, including a felony or conduct involving

moral turpitude, or

(E) holding an office or employment or engaging in an

activity that disqualifies the individual from service as a

member of the Board under subsection (d)(2) of this section.

(2) Statement of reasons for removal

In removing a member of the Board, the Speaker of the House of

Representatives and the President pro tempore of the Senate shall

state in writing to the member of the Board being removed the

specific reasons for the removal.

(g) Compensation

(1) Per diem

Each member of the Board shall be compensated at a rate equal

to the daily equivalent of the annual rate of basic pay

prescribed for level V of the Executive Schedule under section

5316 of title 5 for each day (including travel time) during which

such member is engaged in the performance of the duties of the

Board. The rate of pay of a member may be prorated based on the

portion of the day during which the member is engaged in the

performance of Board duties.

(2) Travel expenses

Each member of the Board shall receive travel expenses,

including per diem in lieu of subsistence, at rates authorized

for employees of agencies under subchapter I of chapter 57 of

title 5, for each day the member is engaged in the performance of

duties away from the home or regular place of business of the

member.

(h) Duties

The Office shall -

(1) carry out a program of education for Members of Congress

and other employing authorities of the legislative branch of the

Federal Government respecting the laws made applicable to them

and a program to inform individuals of their rights under laws

applicable to the legislative branch of the Federal Government;

(2) in carrying out the program under paragraph (1), distribute

the telephone number and address of the Office, procedures for

action under subchapter IV of this chapter, and any other

information appropriate for distribution, distribute such

information to employing offices in a manner suitable for

posting, provide such information to new employees of employing

offices, distribute such information to the residences of covered

employees, and conduct seminars and other activities designed to

educate employing offices and covered employees; and

(3) compile and publish statistics on the use of the Office by

covered employees, including the number and type of contacts made

with the Office, on the reason for such contacts, on the number

of covered employees who initiated proceedings with the Office

under this chapter and the result of such proceedings, and on the

number of covered employees who filed a complaint, the basis for

the complaint, and the action taken on the complaint.

(i) Congressional oversight

The Board and the Office shall be subject to oversight (except

with respect to the disposition of individual cases) by the

Committee on Rules and Administration and the Committee on

Governmental Affairs of the Senate and the Committee on House

Oversight of the House of Representatives.

(j) Opening of Office

The Office shall be open for business, including receipt of

requests for counseling under section 1402 of this title, not later

than 1 year after January 23, 1995.

(k) Financial disclosure reports

Members of the Board and officers and employees of the Office

shall file the financial disclosure reports required under title I

of the Ethics in Government Act of 1978 with the Clerk of the House

of Representatives.

-SOURCE-

(Pub. L. 104-1, title III, Sec. 301, Jan. 23, 1995, 109 Stat. 24.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Regulation of Lobbying Act, referred to in subsec.

(d)(2)(A), is title III of act Aug. 2, 1946, ch. 753, 60 Stat. 839,

which was classified generally to chapter 8A (Sec. 261 et seq.) of

this title prior to repeal by Pub. L. 104-65, Sec. 11(a), Dec. 19,

1995, 109 Stat. 701. See section 1601 et seq. of this title.

This chapter, referred to in subsec. (h)(3), was in the original

''this Act'', meaning Pub. L. 104-1, Jan. 23, 1995, 109 Stat. 3, as

amended, 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.

The Ethics in Government Act of 1978, referred to in subsec. (k),

is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. Title

I of the Act is set out in the Appendix to Title 5, Government

Organization and Employees. For complete classification of this Act

to the Code, see Short Title note set out under section 101 of Pub.

L. 95-521 in the Appendix to Title 5 and Tables.

-CHANGE-

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed

to Committee on House Administration of House of Representatives by

House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1382 of this title.

-CITE-

2 USC Sec. 1382 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER III - OFFICE OF COMPLIANCE

-HEAD-

Sec. 1382. Officers, staff, and other personnel

-STATUTE-

(a) Executive Director

(1) Appointment and removal

(A) In general

The Chair, subject to the approval of the Board, shall

appoint and may remove an Executive Director. Selection and

appointment of the Executive Director shall be without regard

to political affiliation and solely on the basis of fitness to

perform the duties of the Office. The first Executive Director

shall be appointed no later than 90 days after the initial

appointment of the Board of Directors.

(B) Qualifications

The Executive Director shall be an individual with training

or expertise in the application of laws referred to in section

1302(a) of this title.

The disqualifications in section 1381(d)(2) of this title

shall apply to the appointment of the Executive Director.

(2) Compensation

The Chair may fix the compensation of the Executive Director.

The rate of pay for the Executive Director may not exceed the

annual rate of basic pay prescribed for level V of the Executive

Schedule under section 5316 of title 5.

(3) Term

The term of office of the Executive Director shall be a single

term of 5 years, except that the first Executive Director shall

have a single term of 7 years.

(4) Duties

The Executive Director shall serve as the chief operating

officer of the Office. Except as otherwise specified in this

chapter, the Executive Director shall carry out all of the

responsibilities of the Office under this chapter.

(b) Deputy Executive Directors

(1) In general

The Chair, subject to the approval of the Board, shall appoint

and may remove a Deputy Executive Director for the Senate and a

Deputy Executive Director for the House of Representatives.

Selection and appointment of a Deputy Executive Director shall be

without regard to political affiliation and solely on the basis

of fitness to perform the duties of the office. The

disqualifications in section 1381(d)(2) of this title shall apply

to the appointment of a Deputy Executive Director.

(2) Term

The term of office of a Deputy Executive Director shall be a

single term of 5 years, except that the first Deputy Executive

Directors shall have a single term of 6 years.

(3) Compensation

The Chair may fix the compensation of the Deputy Executive

Directors. The rate of pay for a Deputy Executive Director may

not exceed 96 percent of the annual rate of basic pay prescribed

for level V of the Executive Schedule under section 5316 of title

(4) Duties

The Deputy Executive Director for the Senate shall recommend to

the Board regulations under section 1384(a)(2)(B)(i) of this

title, maintain the regulations and all records pertaining to the

regulations, and shall assume such other responsibilities as may

be delegated by the Executive Director. The Deputy Executive

Director for the House of Representatives shall recommend to the

Board the regulations under section 1384(a)(2)(B)(ii) of this

title, maintain the regulations and all records pertaining to the

regulations, and shall assume such other responsibilities as may

be delegated by the Executive Director.

(1) In general

The Chair, subject to the approval of the Board, shall appoint

a General Counsel. Selection and appointment of the General

Counsel shall be without regard to political affiliation and

solely on the basis of fitness to perform the duties of the

Office. The disqualifications in section 1381(d)(2) of this title

shall apply to the appointment of a General Counsel.

(2) Compensation

The Chair may fix the compensation of the General Counsel. The

rate of pay for the General Counsel may not exceed the annual

rate of basic pay prescribed for level V of the Executive

Schedule under section 5316 of title 5.

(3) Duties

The General Counsel shall -

(A) exercise the authorities and perform the duties of the

General Counsel as specified in this chapter; and

(B) otherwise assist the Board and the Executive Director in

carrying out their duties and powers, including representing

the Office in any judicial proceeding under this chapter.

(4) Attorneys in the office of the General Counsel

The General Counsel shall appoint, and fix the compensation of,

and may remove, such additional attorneys as may be necessary to

enable the General Counsel to perform the General Counsel's

duties.

(5) Term

The term of office of the General Counsel shall be a single

term of 5 years.

(6) Removal

(A) Authority

The General Counsel may be removed from office by the Chair

but only for -

(i) disability that substantially prevents the General

Counsel from carrying out the duties of the General Counsel,

(ii) incompetence,

(iii) neglect of duty,

(iv) malfeasance, including a felony or conduct involving

moral turpitude, or

(v) holding an office or employment or engaging in an

activity that disqualifies the individual from service as the

General Counsel under paragraph (1).

(B) Statement of reasons for removal

In removing the General Counsel, the Speaker of the House of

Representatives and the President pro tempore of the Senate

shall state in writing to the General Counsel the specific

reasons for the removal.

(d) Other staff

The Executive Director shall appoint, and fix the compensation

of, and may remove, such other additional staff, including hearing

officers, but not including attorneys employed in the office of the

General Counsel, as may be necessary to enable the Office to

perform its duties.

(e) Detailed personnel

The Executive Director may, with the prior consent of the

department or agency of the Federal Government concerned, use on a

reimbursable or nonreimbursable basis the services of personnel of

any such department or agency, including the services of members or

personnel of the General Accounting Office Personnel Appeals Board.

(f) Consultants

In carrying out the functions of the Office, the Executive

Director may procure the temporary (not to exceed 1 year) or

intermittent services of consultants.

-SOURCE-

(Pub. L. 104-1, title III, Sec. 302, Jan. 23, 1995, 109 Stat. 26.)

-CITE-

2 USC Sec. 1383 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER III - OFFICE OF COMPLIANCE

-HEAD-

Sec. 1383. Procedural rules

-STATUTE-

(a) In general

The Executive Director shall, subject to the approval of the

Board, adopt rules governing the procedures of the Office,

including the procedures of hearing officers, which shall be

submitted for publication in the Congressional Record. The rules

may be amended in the same manner.

(b) Procedure

The Executive Director shall adopt rules referred to in

subsection (a) of this section in accordance with the principles

and procedures set forth in section 553 of title 5. The Executive

Director shall publish a general notice of proposed rulemaking

under section 553(b) of title 5, but, instead of publication of a

general notice of proposed rulemaking in the Federal Register, the

Executive Director shall transmit such notice to the Speaker of the

House of Representatives and the President pro tempore of the

Senate for publication in the Congressional Record on the first day

on which both Houses are in session following such transmittal.

Before adopting rules, the Executive Director shall provide a

comment period of at least 30 days after publication of a general

notice of proposed rulemaking. Upon adopting rules, the Executive

Director shall transmit notice of such action together with a copy

of such rules to the Speaker of the House of Representatives and

the President pro tempore of the Senate for publication in the

Congressional Record on the first day on which both Houses are in

session following such transmittal. Rules shall be considered

issued by the Executive Director as of the date on which they are

published in the Congressional Record.

-SOURCE-

(Pub. L. 104-1, title III, Sec. 303, Jan. 23, 1995, 109 Stat. 28.)

-CITE-

2 USC Sec. 1384 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER III - OFFICE OF COMPLIANCE

-HEAD-

Sec. 1384. Substantive regulations

-STATUTE-

(a) Regulations

(1) In general

The procedures applicable to the regulations of the Board

issued for the implementation of this chapter, which shall

include regulations the Board is required to issue under

subchapter II of this chapter (including regulations on the

appropriate application of exemptions under the laws made

applicable in subchapter II of this chapter) are as prescribed in

this section.

(2) Rulemaking procedure

Such regulations of the Board -

(A) shall be adopted, approved, and issued in accordance with

subsection (b) of this section; and

(B) shall consist of 3 separate bodies of regulations, which

shall apply, respectively, to -

(i) the Senate and employees of the Senate;

(ii) the House of Representatives and employees of the

House of Representatives; and

(iii) all other covered employees and employing offices.

(b) Adoption by Board

The Board shall adopt the regulations referred to in subsection

(a)(1) of this section in accordance with the principles and

procedures set forth in section 553 of title 5 and as provided in

the following provisions of this subsection:

(1) Proposal

The Board shall publish a general notice of proposed rulemaking

under section 553(b) of title 5, but, instead of publication of a

general notice of proposed rulemaking in the Federal Register,

the Board shall transmit such notice to the Speaker of the House

of Representatives and the President pro tempore of the Senate

for publication in the Congressional Record on the first day on

which both Houses are in session following such transmittal.

Such notice shall set forth the recommendations of the Deputy

Director for the Senate in regard to regulations under subsection

(a)(2)(B)(i) of this section, the recommendations of the Deputy

Director for the House of Representatives in regard to

regulations under subsection (a)(2)(B)(ii) of this section, and

the recommendations of the Executive Director for regulations

under subsection (a)(2)(B)(iii) of this section.

(2) Comment

Before adopting regulations, the Board shall provide a comment

period of at least 30 days after publication of a general notice

of proposed rulemaking.

(3) Adoption

After considering comments, the Board shall adopt regulations

and shall transmit notice of such action together with a copy of

such regulations to the Speaker of the House of Representatives

and the President pro tempore of the Senate for publication in

the Congressional Record on the first day on which both Houses

are in session following such transmittal.

(4) Recommendation as to method of approval

The Board shall include a recommendation in the general notice

of proposed rulemaking and in the regulations as to whether the

regulations should be approved by resolution of the Senate, by

resolution of the House of Representatives, by concurrent

resolution, or by joint resolution.

(1) In general

Regulations referred to in paragraph (2)(B)(i) of subsection

(a) of this section may be approved by the Senate by resolution

or by the Congress by concurrent resolution or by joint

resolution. Regulations referred to in paragraph (2)(B)(ii) of

subsection (a) of this section may be approved by the House of

Representatives by resolution or by the Congress by concurrent

resolution or by joint resolution. Regulations referred to in

paragraph (2)(B)(iii) may be approved by Congress by concurrent

resolution or by joint resolution.

(2) Referral

Upon receipt of a notice of adoption of regulations under

subsection (b)(3) of this section, the presiding officers of the

House of Representatives and the Senate shall refer such notice,

together with a copy of such regulations, to the appropriate

committee or committees of the House of Representatives and of

the Senate. The purpose of the referral shall be to consider

whether such regulations should be approved, and, if so, whether

such approval should be by resolution of the House of

Representatives or of the Senate, by concurrent resolution or by

joint resolution.

(3) Joint referral and discharge in the Senate

The presiding officer of the Senate may refer the notice of

issuance of regulations, or any resolution of approval of

regulations, to one committee or jointly to more than one

committee. If a committee of the Senate acts to report a jointly

referred measure, any other committee of the Senate must act

within 30 calendar days of continuous session, or be

automatically discharged.

(4) One-House resolution or concurrent resolution

In the case of a resolution of the House of Representatives or

the Senate or a concurrent resolution referred to in paragraph

(1), the matter after the resolving clause shall be the

following: ''The following regulations issued by the Office of

Compliance on _ _ _ _ _ _ _ _ are hereby approved:'' (the blank

space being appropriately filled in, and the text of the

regulations being set forth).

(5) Joint resolution

In the case of a joint resolution referred to in paragraph (1),

the matter after the resolving clause shall be the following:

''The following regulations issued by the Office of Compliance on

_ _ _ _ _ _ _ _ are hereby approved and shall have the force and

effect of law:'' (the blank space being appropriately filled in,

and the text of the regulations being set forth).

(d) Issuance and effective date

(1) Publication

After approval of regulations under subsection (c) of this

section, the Board shall submit the regulations to the Speaker of

the House of Representatives and the President pro tempore of the

Senate for publication in the Congressional Record on the first

day on which both Houses are in session following such

transmittal.

(2) Date of issuance

The date of issuance of regulations shall be the date on which

they are published in the Congressional Record under paragraph

(1).

(3) Effective date

Regulations shall become effective not less than 60 days after

the regulations are issued, except that the Board may provide for

an earlier effective date for good cause found (within the

meaning of section 553(d)(3) of title 5) and published with the

regulation.

(e) Amendment of regulations

Regulations may be amended in the same manner as is described in

this section for the adoption, approval, and issuance of

regulations, except that the Board may, in its discretion, dispense

with publication of a general notice of proposed rulemaking of

minor, technical, or urgent amendments that satisfy the criteria

for dispensing with publication of such notice pursuant to section

553(b)(B) of title 5.

(f) Right to petition for rulemaking

Any interested party may petition to the Board for the issuance,

amendment, or repeal of a regulation.

(g) Consultation

The Executive Director, the Deputy Directors, and the Board -

(1) shall consult, with regard to the development of

regulations, with -

(A) the Chair of the Administrative Conference of the United

States;

(B) the Secretary of Labor;

(D) the Director of the Office of Personnel Management; and

(2) may consult with any other persons with whom consultation,

in the opinion of the Board, the Executive Director, or Deputy

Directors, may be helpful.

-SOURCE-

(Pub. L. 104-1, title III, Sec. 304, Jan. 23, 1995, 109 Stat. 29.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of this chapter, referred to in subsec. (a)(1), was

in the original ''title II'', meaning title II of Pub. L. 104-1,

Jan. 23, 1995, 109 Stat. 7, as amended, which enacted subchapter II

of this chapter and amended section 6381 of Title 5, Government

Organization and Employees, sections 203, 633a, 2611, and 2617 of

Title 29, Labor, and sections 2000e-16 and 12209 of Title 42, The

Public Health and Welfare. For complete classification of title II

to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1312, 1313, 1314, 1315,

1316, 1316a, 1331, 1341, 1351, 1382, 1409, 1431 of this title.

-CITE-

2 USC Sec. 1385 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER III - OFFICE OF COMPLIANCE

-HEAD-

Sec. 1385. Expenses

-STATUTE-

(a) Authorization of appropriations

Beginning in fiscal year 1995, and for each fiscal year

thereafter, there are authorized to be appropriated for the

expenses of the Office such sums as may be necessary to carry out

the functions of the Office. Until sums are first appropriated

pursuant to the preceding sentence, but for a period not exceeding

12 months following January 23, 1995 -

(1) one-half of the expenses of the Office shall be paid from

funds appropriated for allowances and expenses of the House of

Representatives, and

(2) one-half of the expenses of the Office shall be paid from

funds appropriated for allowances and expenses of the Senate,

upon vouchers approved by the Executive Director, except that a

voucher shall not be required for the disbursement of salaries of

employees who are paid at an annual rate. The Clerk of the House

of Representatives and the Secretary of the Senate are authorized

to make arrangements for the division of expenses under this

subsection, including arrangements for one House of Congress to

reimburse the other House of Congress.

(b) Financial and administrative services

The Executive Director may place orders and enter into agreements

for goods and services with the head of any agency, or major

organizational unit within an agency, in the legislative or

executive branch of the United States in the same manner and to the

same extent as agencies are authorized under sections 1535 and 1536

of title 31 to place orders and enter into agreements.

Except for covered employees, witnesses before a hearing officer

or the Board in any proceeding under this chapter other than

rulemaking shall be paid the same fee and mileage allowances as are

paid subpoenaed witnesses in the courts of the United States.

Covered employees who are summoned, or are assigned by their

employer, to testify in their official capacity or to produce

official records in any proceeding under this chapter shall be

entitled to travel expenses under subchapter I and section 5751 of

chapter 57 of title 5.

-SOURCE-

(Pub. L. 104-1, title III, Sec. 305, Jan. 23, 1995, 109 Stat. 31.)

-CITE-

2 USC SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL

DISPUTE-RESOLUTION PROCEDURES 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1381, 1434 of this

title.

-CITE-

2 USC Sec. 1401 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1401. Procedure for consideration of alleged violations

-STATUTE-

Except as otherwise provided, the procedure for consideration of

alleged violations of part A of subchapter II of this chapter

consists of -

(1) counseling as provided in section 1402 of this title;

(2) mediation as provided in section 1403 of this title; and

(3) election, as provided in section 1404 of this title, of

either -

(A) a formal complaint and hearing as provided in section

1405 of this title, subject to Board review as provided in

section 1406 of this title, and judicial review in the United

States Court of Appeals for the Federal Circuit as provided in

section 1407 of this title, or

(B) a civil action in a district court of the United States

as provided in section 1408 of this title.

In the case of an employee of the Office of the Architect of the

Capitol or of the Capitol Police, the Executive Director, after

receiving a request for counseling under section 1402 of this

title, may recommend that the employee use the grievance procedures

of the Architect of the Capitol or the Capitol Police for

resolution of the employee's grievance for a specific period of

time, which shall not count against the time available for

counseling or mediation.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 401, Jan. 23, 1995, 109 Stat. 32.)

-REFTEXT-

REFERENCES IN TEXT

Part A of subchapter II of this chapter, referred to in text, was

in the original ''part A of title II'', meaning part A (Sec.

201-207) of title II of Pub. L. 104-1, Jan. 23, 1995, 109 Stat. 7,

as amended, which enacted part A of subchapter II of this chapter

and amended section 6381 of Title 5, Government Organization and

Employees, sections 203, 633a, 2611, and 2617 of Title 29, Labor,

and sections 2000e-16 and 12209 of Title 42, The Public Health and

Welfare. For complete classification of part A to the Code, see

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1316a, 1414 of this

title.

-CITE-

2 USC Sec. 1402 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1402. Counseling

-STATUTE-

(a) In general

To commence a proceeding, a covered employee alleging a violation

of a law made applicable under part A of subchapter II of this

chapter shall request counseling by the Office. The Office shall

provide the employee with all relevant information with respect to

the rights of the employee. A request for counseling shall be made

not later than 180 days after the date of the alleged violation.

(b) Period of counseling

The period for counseling shall be 30 days unless the employee

and the Office agree to reduce the period. The period shall begin

on the date the request for counseling is received.

The Office shall notify the employee in writing when the

counseling period has ended.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 402, Jan. 23, 1995, 109 Stat. 32.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 452, 1361, 1381, 1401,

1403, 1408, 1435 of this title.

-CITE-

2 USC Sec. 1403 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1403. Mediation

-STATUTE-

(a) Initiation

Not later than 15 days after receipt by the employee of notice of

the end of the counseling period under section 1402 of this title,

but prior to and as a condition of making an election under section

1404 of this title, the covered employee who alleged a violation of

a law shall file a request for mediation with the Office.

(b) Process

Mediation under this section -

(1) may include the Office, the covered employee, the employing

office, and one or more individuals appointed by the Executive

Director after considering recommendations by organizations

composed primarily of individuals experienced in adjudicating or

arbitrating personnel matters, and

(2) shall involve meetings with the parties separately or

jointly for the purpose of resolving the dispute between the

covered employee and the employing office.

The mediation period shall be 30 days beginning on the date the

request for mediation is received. The mediation period may be

extended for additional periods at the joint request of the covered

employee and the employing office. The Office shall notify in

writing the covered employee and the employing office when the

mediation period has ended.

(d) Independence of mediation process

No individual, who is appointed by the Executive Director to

mediate, may conduct or aid in a hearing conducted under section

1405 of this title with respect to the same matter or shall be

subject to subpoena or any other compulsory process with respect to

the same matter.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 403, Jan. 23, 1995, 109 Stat. 32.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 452, 1331, 1361, 1401,

1405, 1408, 1435 of this title.

-CITE-

2 USC Sec. 1404 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1404. Election of proceeding

-STATUTE-

Not later than 90 days after a covered employee receives notice

of the end of the period of mediation, but no sooner than 30 days

after receipt of such notification, such covered employee may

either -

(1) file a complaint with the Office in accordance with section

1405 of this title, or

(2) file a civil action in accordance with section 1408 of this

title in the United States district court for the district in

which the employee is employed or for the District of Columbia.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 404, Jan. 23, 1995, 109 Stat. 33.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401, 1403, 1408 of this

title.

-CITE-

2 USC Sec. 1405 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1405. Complaint and hearing

-STATUTE-

(a) In general

A covered employee may, upon the completion of mediation under

section 1403 of this title, file a complaint with the Office. The

respondent to the complaint shall be the employing office -

(1) involved in the violation, or

(2) in which the violation is alleged to have occurred,

and about which mediation was conducted.

(b) Dismissal

A hearing officer may dismiss any claim that the hearing officer

finds to be frivolous or that fails to state a claim upon which

relief may be granted.

(1) Appointment

Upon the filing of a complaint, the Executive Director shall

appoint an independent hearing officer to consider the complaint

and render a decision. No Member of the House of

Representatives, Senator, officer of either the House of

Representatives or the Senate, head of an employing office,

member of the Board, or covered employee may be appointed to be a

hearing officer. The Executive Director shall select hearing

officers on a rotational or random basis from the lists developed

under paragraph (2). Nothing in this section shall prevent the

appointment of hearing officers as full-time employees of the

Office or the selection of hearing officers on the basis of

specialized expertise needed for particular matters.

(2) Lists

The Executive Director shall develop master lists, composed of

(A) members of the bar of a State or the District of Columbia

and retired judges of the United States courts who are

experienced in adjudicating or arbitrating the kinds of

personnel and other matters for which hearings may be held

under this chapter, and

(B) individuals expert in technical matters relating to

accessibility and usability by persons with disabilities or

technical matters relating to occupational safety and health.

In developing lists, the Executive Director shall consider

candidates recommended by the Federal Mediation and Conciliation

Service or the Administrative Conference of the United States.

(d) Hearing

Unless a complaint is dismissed before a hearing, a hearing shall

be -

(1) conducted in closed session on the record by the hearing

officer;

(2) commenced no later than 60 days after filing of the

complaint under subsection (a) of this section, except that the

Office may, for good cause, extend up to an additional 30 days

the time for commencing a hearing; and

(3) conducted, except as specifically provided in this chapter

and to the greatest extent practicable, in accordance with the

principles and procedures set forth in sections 554 through 557

of title 5.

(e) Discovery

Reasonable prehearing discovery may be permitted at the

discretion of the hearing officer.

(f) Subpoenas

(1) In general

At the request of a party, a hearing officer may issue

subpoenas for the attendance of witnesses and for the production

of correspondence, books, papers, documents, and other records.

The attendance of witnesses and the production of records may be

required from any place within the United States. Subpoenas shall

be served in the manner provided under rule 45(b) of the Federal

Rules of Civil Procedure.

(2) Objections

If a person refuses, on the basis of relevance, privilege, or

other objection, to testify in response to a question or to

produce records in connection with a proceeding before a hearing

officer, the hearing officer shall rule on the objection. At the

request of the witness or any party, the hearing officer shall

(or on the hearing officer's own initiative, the hearing officer

may) refer the ruling to the Board for review.

(3) Enforcement

(A) In general

If a person fails to comply with a subpoena, the Board may

authorize the General Counsel to apply, in the name of the

Office, to an appropriate United States district court for an

order requiring that person to appear before the hearing

officer to give testimony or produce records. The application

may be made within the judicial district where the hearing is

conducted or where that person is found, resides, or transacts

business. Any failure to obey a lawful order of the district

court issued pursuant to this section may be held by such court

to be a civil contempt thereof.

(B) Service of process

Process in an action or contempt proceeding pursuant to

subparagraph (A) may be served in any judicial district in

which the person refusing or failing to comply, or threatening

to refuse or not to comply, resides, transacts business, or may

be found, and subpoenas for witnesses who are required to

attend such proceedings may run into any other district.

(g) Decision

The hearing officer shall issue a written decision as

expeditiously as possible, but in no case more than 90 days after

the conclusion of the hearing. The written decision shall be

transmitted by the Office to the parties. The decision shall state

the issues raised in the complaint, describe the evidence in the

record, contain findings of fact and conclusions of law, contain a

determination of whether a violation has occurred, and order such

remedies as are appropriate pursuant to subchapter II of this

chapter. The decision shall be entered in the records of the

Office. If a decision is not appealed under section 1406 of this

title to the Board, the decision shall be considered the final

decision of the Office.

(h) Precedents

A hearing officer who conducts a hearing under this section shall

be guided by judicial decisions under the laws made applicable by

section 1302 of this title and by Board decisions under this

chapter.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 405, Jan. 23, 1995, 109 Stat. 33.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (c)(2)(A), (d)(3), and (h),

was in the original ''this Act'', meaning Pub. L. 104-1, Jan. 23,

1995, 109 Stat. 3, as amended, 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.

Rule 45(b) of the Federal Rules of Civil Procedure, referred to

in subsec. (f)(1), is set out in the Appendix to Title 28,

Judiciary and Judicial Procedure.

Subchapter II of this chapter, referred to in subsec. (g), was in

the original ''title II'', meaning title II of Pub. L. 104-1, Jan.

23, 1995, 109 Stat. 7, as amended, which enacted subchapter II of

this chapter and amended section 6381 of Title 5, Government

Organization and Employees, sections 203, 633a, 2611, and 2617 of

Title 29, Labor, and sections 2000e-16 and 12209 of Title 42, The

Public Health and Welfare. For complete classification of title II

to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1331, 1341, 1351, 1361,

1401, 1403, 1404, 1406, 1407, 1411, 1413, 1416, 1435 of this title.

-CITE-

2 USC Sec. 1406 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1406. Appeal to Board

-STATUTE-

(a) In general

Any party aggrieved by the decision of a hearing officer under

section 1405(g) of this title may file a petition for review by the

Board not later than 30 days after entry of the decision in the

records of the Office.

(b) Parties' opportunity to submit argument

The parties to the hearing upon which the decision of the hearing

officer was made shall have a reasonable opportunity to be heard,

through written submission and, in the discretion of the Board,

through oral argument.

The Board shall set aside a decision of a hearing officer if the

Board determines that the decision was -

(1) arbitrary, capricious, an abuse of discretion, or otherwise

not consistent with law;

(2) not made consistent with required procedures; or

(3) unsupported by substantial evidence.

(d) Record

In making determinations under subsection (c) of this section,

the Board shall review the whole record, or those parts of it cited

by a party, and due account shall be taken of the rule of

prejudicial error.

(e) Decision

The Board shall issue a written decision setting forth the

reasons for its decision. The decision may affirm, reverse, or

remand to the hearing officer for further proceedings. A decision

that does not require further proceedings before a hearing officer

shall be entered in the records of the Office as a final decision.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 406, Jan. 23, 1995, 109 Stat. 35.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1331, 1341, 1351, 1361,

1401, 1405, 1407, 1411, 1416 of this title.

-CITE-

2 USC Sec. 1407 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1407. Judicial review of Board decisions and enforcement

-STATUTE-

(a) Jurisdiction

(1) Judicial review

The United States Court of Appeals for the Federal Circuit

shall have jurisdiction over any proceeding commenced by a

petition of -

(A) a party aggrieved by a final decision of the Board under

section 1406(e) of this title in cases arising under part A of

subchapter II of this chapter,

(B) a charging individual or a respondent before the Board

who files a petition under section 1331(d)(4) of this title,

files a petition under section 1341(c)(5) of this title, or

(D) the General Counsel or a respondent before the Board who

files a petition under section 1351(c)(3) of this title.

The court of appeals shall have exclusive jurisdiction to set

aside, suspend (in whole or in part), to determine the validity

of, or otherwise review the decision of the Board.

(2) Enforcement

The United States Court of Appeals for the Federal Circuit

shall have jurisdiction over any petition of the General Counsel,

filed in the name of the Office and at the direction of the

Board, to enforce a final decision under section 1405(g) or

1406(e) of this title with respect to a violation of part A, B,

C, or D of subchapter II of this chapter.

(b) Procedures

(1) Respondents

(A) In any proceeding commenced by a petition filed under

subsection (a)(1)(A) or (B) of this section, or filed by a party

other than the General Counsel under subsection (a)(1)(C) or (D)

of this section, the Office shall be named respondent and any

party before the Board may be named respondent by filing a notice

of election with the court within 30 days after service of the

petition.

(B) In any proceeding commenced by a petition filed by the

General Counsel under subsection (a)(1)(C) or (D) of this

section, the prevailing party in the final decision entered under

section 1406(e) of this title shall be named respondent, and any

other party before the Board may be named respondent by filing a

notice of election with the court within 30 days after service of

the petition.

subsection (a)(2) of this section, the party under section 1405

or 1406 of this title that the General Counsel determines has

failed to comply with a final decision under section 1405(g) or

1406(e) of this title shall be named respondent.

(2) Intervention

Any party that participated in the proceedings before the Board

under section 1406 of this title and that was not made respondent

under paragraph (1) may intervene as of right.

Chapter 158 of title 28 shall apply to judicial review under

paragraph (1) of subsection (a) of this section, except that -

(1) with respect to section 2344 of title 28, service of a

petition in any proceeding in which the Office is a respondent

shall be on the General Counsel rather than on the Attorney

General;

(2) the provisions of section 2348 of title 28, on the

authority of the Attorney General, shall not apply;

(3) the petition for review shall be filed not later than 90

days after the entry in the Office of a final decision under

section 1406(e) of this title; and

(4) the Office shall be an ''agency'' as that term is used in

chapter 158 of title 28.

(d) Standard of review

To the extent necessary for decision in a proceeding commenced

under subsection (a)(1) of this section and when presented, the

court shall decide all relevant questions of law and interpret

constitutional and statutory provisions. The court shall set aside

a final decision of the Board if it is determined that the decision

was -

(1) arbitrary, capricious, an abuse of discretion, or otherwise

not consistent with law;

(2) not made consistent with required procedures; or

(3) unsupported by substantial evidence.

(e) Record

In making determinations under subsection (d) of this section,

the court shall review the whole record, or those parts of it cited

by a party, and due account shall be taken of the rule of

prejudicial error.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 407, Jan. 23, 1995, 109 Stat. 35.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1331, 1341, 1351, 1361,

1401, 1409, 1410, 1411, 1413, 1416 of this title.

-CITE-

2 USC Sec. 1408 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1408. Civil action

-STATUTE-

(a) Jurisdiction

The district courts of the United States shall have jurisdiction

over any civil action commenced under section 1404 of this title

and this section by a covered employee who has completed counseling

under section 1402 of this title and mediation under section 1403

of this title. A civil action may be commenced by a covered

employee only to seek redress for a violation for which the

employee has completed counseling and mediation.

(b) Parties

The defendant shall be the employing office alleged to have

committed the violation, or in which the violation is alleged to

have occurred.

Any party may demand a jury trial where a jury trial would be

available in an action against a private defendant under the

relevant law made applicable by this chapter. In any case in which

a violation of section 1311 of this title is alleged, the court

shall not inform the jury of the maximum amount of compensatory

damages available under section 1311(b)(1) or 1311(b)(3) of this

title.

(d) Appearances by House Employment Counsel

(1) In general

The House Employment Counsel of the House of Representatives

and any other counsel in the Office of House Employment Counsel

of the House of Representatives, including any counsel specially

retained by the Office of House Employment Counsel, shall be

entitled, for the purpose of providing legal assistance and

representation to employing offices of the House of

Representatives under this chapter, to enter an appearance in any

proceeding before any court of the United States or of any State

or political subdivision thereof without compliance with any

requirements for admission to practice before such court, except

that the authorization conferred by this paragraph shall not

apply with respect to the admission of any such person to

practice before the United States Supreme Court.

(2) House Employment Counsel defined

In this subsection, the term ''Office of House Employment

Counsel of the House of Representatives'' means -

(A) the Office of House Employment Counsel established and

operating under the authority of the Clerk of the House of

Representatives as of November 12, 2001;

(B) any successor office to the Office of House Employment

Counsel which is established after November 12, 2001; and

with the Rules of the House of Representatives to provide legal

assistance and representation to employing offices of the House

of Representatives in connection with actions brought under

this subchapter.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 408, Jan. 23, 1995, 109 Stat. 37;

Pub. L. 107-68, title I, Sec. 119(a), Nov. 12, 2001, 115 Stat.

573.)

-MISC1-

AMENDMENTS

2001 - Subsec. (d). Pub. L. 107-68 added subsec. (d).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-68, title I, Sec. 119(b), Nov. 12, 2001, 115 Stat.

574, provided that: ''The amendment made by this section (amending

this section) shall apply with respect to proceedings occurring on

or after the date of the enactment of this Act (Nov. 12, 2001).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1361, 1401, 1404, 1409,

1410, 1411, 1413, 1435 of this title.

-CITE-

2 USC Sec. 1409 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1409. Judicial review of regulations

-STATUTE-

In any proceeding brought under section 1407 or 1408 of this

title in which the application of a regulation issued under this

chapter is at issue, the court may review the validity of the

regulation in accordance with the provisions of subparagraphs (A)

through (D) of section 706(2) of title 5, except that with respect

to regulations approved by a joint resolution under section 1384(c)

of this title, only the provisions of section 706(2)(B) of title 5

shall apply. If the court determines that the regulation is

invalid, the court shall apply, to the extent necessary and

appropriate, the most relevant substantive executive agency

regulation promulgated to implement the statutory provisions with

respect to which the invalid regulation was issued. Except as

provided in this section, the validity of regulations issued under

this chapter is not subject to judicial review.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 409, Jan. 23, 1995, 109 Stat. 37.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1410 of this title.

-CITE-

2 USC Sec. 1410 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1410. Other judicial review prohibited

-STATUTE-

Except as expressly authorized by sections 1407, 1408, and 1409

of this title, the compliance or noncompliance with the provisions

of this chapter and any action taken pursuant to this chapter shall

not be subject to judicial review.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 410, Jan. 23, 1995, 109 Stat. 37.)

-CITE-

2 USC Sec. 1411 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1411. Effect of failure to issue regulations

-STATUTE-

In any proceeding under section 1405, 1406, 1407, or 1408 of this

title, except a proceeding to enforce section 1351 of this title

with respect to offices listed under section 1351(e)(2) of this

title, if the Board has not issued a regulation on a matter for

which this chapter requires a regulation to be issued, the hearing

officer, Board, or court, as the case may be, shall apply, to the

extent necessary and appropriate, the most relevant substantive

executive agency regulation promulgated to implement the statutory

provision at issue in the proceeding.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 411, Jan. 23, 1995, 109 Stat. 37.)

-CITE-

2 USC Sec. 1412 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1412. Expedited review of certain appeals

-STATUTE-

(a) In general

An appeal may be taken directly to the Supreme Court of the

United States from any interlocutory or final judgment, decree, or

order of a court upon the constitutionality of any provision of

this chapter.

(b) Jurisdiction

The Supreme Court shall, if it has not previously ruled on the

question, accept jurisdiction over the appeal referred to in

subsection (a) of this section, advance the appeal on the docket,

and expedite the appeal to the greatest extent possible.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 412, Jan. 23, 1995, 109 Stat. 38.)

-CITE-

2 USC Sec. 1413 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1413. Privileges and immunities

-STATUTE-

The authorization to bring judicial proceedings under sections

1405(f)(3), 1407, and 1408 of this title shall not constitute a

waiver of sovereign immunity for any other purpose, or of the

privileges of any Senator or Member of the House of Representatives

under article I, section 6, clause 1, of the Constitution, or a

waiver of any power of either the Senate or the House of

Representatives under the Constitution, including under article I,

section 5, clause 3, or under the rules of either House relating to

records and information within its jurisdiction.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 413, Jan. 23, 1995, 109 Stat. 38.)

-CITE-

2 USC Sec. 1414 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1414. Settlement of complaints

-STATUTE-

Any settlement entered into by the parties to a process described

in section 1331, 1341, 1351, or 1401 of this title shall be in

writing and not become effective unless it is approved by the

Executive Director. Nothing in this chapter shall affect the power

of the Senate and the House of Representatives, respectively, to

establish rules governing the process by which a settlement may be

entered into by such House or by any employing office of such

House.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 414, Jan. 23, 1995, 109 Stat. 38.)

-CITE-

2 USC Sec. 1415 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1415. Payments

-STATUTE-

(a) Awards and settlements

Except as provided in subsection (c) of this section, only funds

which are appropriated to an account of the Office in the Treasury

of the United States for the payment of awards and settlements may

be used for the payment of awards and settlements under this

chapter. There are authorized to be appropriated for such account

such sums as may be necessary to pay such awards and settlements.

Funds in the account are not available for awards and settlements

involving the General Accounting Office, the Government Printing

Office, or the Library of Congress.

(b) Compliance

Except as provided in subsection (c) of this section, there are

authorized to be appropriated such sums as may be necessary for

administrative, personnel, and similar expenses of employing

offices which are needed to comply with this chapter.

Funds to correct violations of section 1311(a)(3), 1331, or 1341

of this title may be paid only from funds appropriated to the

employing office or entity responsible for correcting such

violations. There are authorized to be appropriated such sums as

may be necessary for such funds.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 415, Jan. 23, 1995, 109 Stat. 38.)

-CITE-

2 USC Sec. 1416 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER IV - ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION

PROCEDURES

-HEAD-

Sec. 1416. Confidentiality

-STATUTE-

(a) Counseling

All counseling shall be strictly confidential, except that the

Office and a covered employee may agree to notify the employing

office of the allegations.

(b) Mediation

All mediation shall be strictly confidential.

Except as provided in subsections (d), (e), and (f) of this

section, all proceedings and deliberations of hearing officers and

the Board, including any related records, shall be confidential.

This subsection shall not apply to proceedings under section 1341

of this title, but shall apply to the deliberations of hearing

officers and the Board under that section.

(d) Release of records for judicial action

The records of hearing officers and the Board may be made public

if required for the purpose of judicial review under section 1407

of this title.

(e) Access by committees of Congress

At the discretion of the Executive Director, the Executive

Director may provide to the Committee on Standards of Official

Conduct of the House of Representatives and the Select Committee on

Ethics of the Senate access to the records of the hearings and

decisions of the hearing officers and the Board, including all

written and oral testimony in the possession of the Office. The

Executive Director shall not provide such access until the

Executive Director has consulted with the individual filing the

complaint at issue, and until a final decision has been entered

under section 1405(g) or 1406(e) of this title.

(f) Final decisions

A final decision entered under section 1405(g) or 1406(e) of this

title shall be made public if it is in favor of the complaining

covered employee, or in favor of the charging party under section

1331 of this title, or if the decision reverses a decision of a

hearing officer which had been in favor of the covered employee or

charging party. The Board may make public any other decision at

its discretion.

-SOURCE-

(Pub. L. 104-1, title IV, Sec. 416, Jan. 23, 1995, 109 Stat. 38.)

-CITE-

2 USC SUBCHAPTER V - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-CITE-

2 USC Sec. 1431 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1431. Exercise of rulemaking powers

-STATUTE-

The provisions of sections 1302(b)(3) and 1384(c) of this title

are enacted -

(1) as an exercise of the rulemaking power of the House of

Representatives and the Senate, respectively, and as such they

shall be considered as part of the rules of such House,

respectively, and such rules shall supersede other rules only to

the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either

House to change such rules (so far as relating to such House) at

any time, in the same manner, and to the same extent as in the

case of any other rule of each House.

-SOURCE-

(Pub. L. 104-1, title V, Sec. 501, Jan. 23, 1995, 109 Stat. 39.)

-CITE-

2 USC Sec. 1432 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1432. Political affiliation and place of residence

-STATUTE-

(a) In general

It shall not be a violation of any provision of section 1311 of

this title to consider the -

(1) party affiliation;

(2) domicile; or

(3) political compatibility with the employing office;

of an employee referred to in subsection (b) of this section with

respect to employment decisions.

(b) ''Employee'' defined

For purposes of subsection (a) of this section, the term

''employee'' means -

(1) an employee on the staff of the leadership of the House of

Representatives or the leadership of the Senate;

(2) an employee on the staff of a committee or subcommittee of

(A) the House of Representatives;

(B) the Senate; or

(3) an employee on the staff of a Member of the House of

Representatives or on the staff of a Senator;

(4) an officer of the House of Representatives or the Senate or

a congressional employee who is elected by the House of

Representatives or Senate or is appointed by a Member of the

House of Representatives or by a Senator (in addition an employee

described in paragraph (1), (2), or (3)); or

(5) an applicant for a position that is to be occupied by an

individual described in any of paragraphs (1) through (4).

-SOURCE-

(Pub. L. 104-1, title V, Sec. 502, Jan. 23, 1995, 109 Stat. 39.)

-CITE-

2 USC Sec. 1433 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1433. Nondiscrimination rules of House and Senate

-STATUTE-

The Select Committee on Ethics of the Senate and the Committee on

Standards of Official Conduct of the House of Representatives

retain full power, in accordance with the authority provided to

them by the Senate and the House, with respect to the discipline of

Members, officers, and employees for violating rules of the Senate

and the House on nondiscrimination in employment.

-SOURCE-

(Pub. L. 104-1, title V, Sec. 503, Jan. 23, 1995, 109 Stat. 40.)

-CITE-

2 USC Sec. 1434 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1434. Judicial branch coverage study

-STATUTE-

The Judicial Conference of the United States shall prepare a

report for submission by the Chief Justice of the United States to

the Congress on the application to the judicial branch of the

Federal Government of -

(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et

seq.);

(2) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e

et seq.);

(3) the Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.);

(4) the Age Discrimination in Employment Act of 1967 (29 U.S.C.

621 et seq.);

(5) the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et

seq.);

(6) the Occupational Safety and Health Act of 1970 (29 U.S.C.

651 et seq.);

(7) chapter 71 (relating to Federal service labor-management

relations) of title 5;

(8) the Employee Polygraph Protection Act of 1988 (29 U.S.C.

2001 et seq.);

(9) the Worker Adjustment and Retraining Notification Act (29

U.S.C. 2101 et seq.);

(10) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);

and

(11) chapter 43 (relating to veterans' employment and

reemployment) of title 38.

The report shall be submitted to Congress not later than December

31, 1996, and shall include any recommendations the Judicial

Conference may have for legislation to provide to employees of the

judicial branch the rights, protections, and procedures under the

listed laws, including administrative and judicial relief, that are

comparable to those available to employees of the legislative

branch under subchapters I through IV of this chapter.

-SOURCE-

(Pub. L. 104-1, title V, Sec. 505, Jan. 23, 1995, 109 Stat. 41.)

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in par. (1), is

act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is

classified generally to chapter 8 (Sec. 201 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

section 201 of Title 29 and Tables.

The Civil Rights Act of 1964, referred to in par. (2), is Pub. L.

88-352, July 2, 1964, 78 Stat. 252, as amended. Title VII of the

Act is classified generally to subchapter VI (Sec. 2000e et seq.)

of chapter 21 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 2000a of Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred to in par.

(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended,

which is classified principally to chapter 126 (Sec. 12101 et seq.)

of Title 42. For complete classification of this Act to the Code,

see Short Title note set out under section 12101 of Title 42 and

Tables.

The Age Discrimination in Employment Act of 1967, referred to in

par. (4), is Pub. L. 90-202, Dec. 15, 1967, 81 Stat. 602, as

amended, which is classified generally to chapter 14 (Sec. 621 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 621 of

Title 29 and Tables.

The Family and Medical Leave Act of 1993, referred to in par.

(5), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6, as amended, which

enacted sections 60m and 60n of this title, sections 6381 to 6387

of Title 5, Government Organization and Employees, and chapter 28

(Sec. 2601 et seq.) of Title 29, Labor, amended section 2105 of

Title 5, and enacted provisions set out as notes under section 2601

of Title 29. For complete classification of this Act to the Code,

see Short Title note set out under section 2601 of Title 29 and

Tables.

The Occupational Safety and Health Act of 1970, referred to in

par. (6), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as

amended, which is classified principally to chapter 15 (Sec. 651 et

seq.) of Title 29. For complete classification of this Act to the

Code, see Short Title note set out under section 651 of Title 29

and Tables.

The Employee Polygraph Protection Act of 1988, referred to in

par. (8), is Pub. L. 100-347, June 27, 1988, 102 Stat. 646, as

amended, which is classified generally to chapter 22 (Sec. 2001 et

seq.) of Title 29. For complete classification of this Act to the

Code, see Short Title note set out under section 2001 of Title 29

and Tables.

The Worker Adjustment and Retraining Notification Act, referred

to in par. (9), is Pub. L. 100-379, Aug. 4, 1988, 102 Stat. 890,

which is classified generally to chapter 23 (Sec. 2101 et seq.) of

Title 29. For complete classification of this Act to the Code, see

Short Title note set out under section 2101 of Title 29 and Tables.

The Rehabilitation Act of 1973, referred to in par. (10), is Pub.

L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29.

For complete classification of this Act to the Code, see Short

Title note set out under section 701 of Title 29 and Tables.

Subchapter II of this chapter, referred to in text, was in the

original a reference to title II of this Act, meaning title II of

Pub. L. 104-1, Jan. 23, 1995, 109 Stat. 7, as amended, which

enacted subchapter II of this chapter and amended section 6381 of

Title 5, Government Organization and Employees, sections 203, 633a,

2611, and 2617 of Title 29, Labor, and sections 2000e-16 and 12209

of Title 42, The Public Health and Welfare. For complete

classification of title II to the Code, see Tables.

-CITE-

2 USC Sec. 1435 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1435. Savings provisions

-STATUTE-

(a) Transition provisions for employees of House of Representatives

and of Senate

(1) Claims arising before effective date

If, as of the date on which section 1311 of this title takes

effect, an employee of the Senate or the House of Representatives

has or could have requested counseling under section 305

(FOOTNOTE 1) of the Government Employees Rights Act of 1991 or

Rule LI of the House of Representatives, including counseling for

alleged violations of family and medical leave rights under title

V of the Family and Medical Leave Act of 1993, the employee may

complete, or initiate and complete, all procedures under the

Government Employees Rights Act of 1991 and Rule LI, and the

provisions of that Act and Rule shall remain in effect with

respect to, and provide the exclusive procedures for, those

claims until the completion of all such procedures.

(FOOTNOTE 1) See References in Text note below.

(2) Claims arising between effective date and opening of Office

If a claim by an employee of the Senate or House of

Representatives arises under section 1311 or 1312 of this title

after the effective date of such sections, but before the opening

of the Office for receipt of requests for counseling or mediation

under sections 1402 and 1403 of this title, the provisions of the

Government Employees Rights Act of 1991 and Rule LI of the House

of Representatives relating to counseling and mediation shall

remain in effect, and the employee may complete under that Act or

Rule the requirements for counseling and mediation under sections

1402 and 1403 of this title. If, after counseling and mediation

is completed, the Office has not yet opened for the filing of a

timely complaint under section 1405 of this title, the employee

may elect -

(A) to file a complaint under section 307 of the Government

Employees Rights Act of 1991 (FOOTNOTE 1) or Rule LI of the

House of Representatives, and thereafter proceed exclusively

under that Act or Rule, the provisions of which shall remain in

effect until the completion of all proceedings in relation to

the complaint, or

(B) to commence a civil action under section 1408 of this

title.

(3) Section 1207a of this title

With respect to payments of awards and settlements relating to

Senate employees under paragraph (1) of this subsection, section

1207a (FOOTNOTE 1) of this title remains in effect.

(b) Transition provisions for employees of Architect of Capitol

(1) Claims arising before effective date

If, as of the date on which section 1311 of this title takes

effect, an employee of the Architect of the Capitol has or could

have filed a charge or complaint regarding an alleged violation

of section 1831(e)(2) (FOOTNOTE 1) of this title, the employee

may complete, or initiate and complete, all procedures under

section 1831(e) (FOOTNOTE 1) of this title, the provisions of

which shall remain in effect with respect to, and provide the

exclusive procedures for, that claim until the completion of all

such procedures.

(2) Claims arising between effective date and opening of Office

If a claim by an employee of the Architect of the Capitol

arises under section 1311 or 1312 of this title after the

effective date of those provisions, but before the opening of the

Office for receipt of requests for counseling or mediation under

sections 1402 and 1403 of this title, the employee may satisfy

the requirements for counseling and mediation by exhausting the

requirements prescribed by the Architect of the Capitol in

accordance with section 1831(e)(3) (FOOTNOTE 1) of this title.

If, after exhaustion of those requirements the Office has not yet

opened for the filing of a timely complaint under section 1405 of

this title, the employee may elect -

(A) to file a charge with the General Accounting Office

Personnel Appeals Board pursuant to section 1831(e)(3)

(FOOTNOTE 1) of this title, and thereafter proceed exclusively

under section 1831(e) (FOOTNOTE 1) of this title, the

provisions of which shall remain in effect until the completion

of all proceedings in relation to the charge, or

(B) to commence a civil action under section 1408 of this

title.

under section 12209 of title 42

With respect to matters other than employment under section 12209

of title 42, the rights, protections, remedies, and procedures of

section 12209 of title 42 shall remain in effect until section 1331

of this title takes effect with respect to each of the entities

covered by section 12209 of title 42.

-SOURCE-

(Pub. L. 104-1, title V, Sec. 506, Jan. 23, 1995, 109 Stat. 42.)

-REFTEXT-

REFERENCES IN TEXT

For the effective dates of sections 1311, 1312, and 1331 of this

title, referred to in text, see sections 1311(d), 1312(e), and

1331(h), respectively, of this title.

Rule LI of the Rules of the House of Representatives, referred to

in subsec. (a)(1), (2), was repealed by H. Res. No. 5, Sec. 23(a),

One Hundred Fifth Congress, Jan. 7, 1997.

The Family and Medical Leave Act of 1993, referred to in subsec.

(a)(1), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6. Title V of the

Act was classified generally to sections 60m and 60n of this title

prior to repeal, except as provided by this section, by Pub. L.

104-1, title V, Sec. 504(b), Jan. 23, 1995, 109 Stat. 41. For

complete classification of this Act to the Code, see Short Title

note set out under section 2601 of Title 29, Labor, and Tables.

The Government Employees Rights Act of 1991, referred to in

subsec. (a)(1), (2), probably means the Government Employee Rights

Act of 1991, which is title III of Pub. L. 102-166, Nov. 21, 1991,

105 Stat. 1088, as amended, and is classified generally to sections

2000e-16a to 2000e-16c of Title 42, The Public Health and Welfare.

Sections 305 and 307 of the Act were classified to sections 1205

and 1207, respectively, of this title prior to repeal, except as

provided in this section, by Pub. L. 104-1, title V, Sec.

504(a)(2), Jan. 23, 1995, 109 Stat. 41. For complete classification

of this Act to the Code, see section 2000e-16a(a) of Title 42 and

Tables.

Section 1207a of this title, referred to in subsec. (a)(3), was

repealed, except as provided in this section, by Pub. L. 104-1,

title V, Sec. 504(a)(5), Jan. 23, 1995, 109 Stat. 41.

Section 1831(e) of this title, referred to in subsec. (b), was

repealed, except as provided in this section, by Pub. L. 104-1,

title V, Sec. 504(c)(1), Jan. 23, 1995, 109 Stat. 41.

-CITE-

2 USC Sec. 1436 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1436. Repealed. Pub. L. 106-57, title III, Sec. 313, Sept. 29,

1999, 113 Stat. 428

-MISC1-

Section, Pub. L. 104-1, title V, Sec. 507, Jan. 23, 1995, 109

Stat. 43; Pub. L. 105-275, title I, Sec. 12, Oct. 21, 1998, 112

Stat. 2436, related to use of frequent flyer miles.

-CITE-

2 USC Sec. 1437 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1437. Sense of Senate regarding adoption of simplified and

streamlined acquisition procedures for Senate acquisitions

-STATUTE-

It is the sense of the Senate that the Committee on Rules and

Administration of the Senate should review the rules applicable to

purchases by Senate offices to determine whether they are

consistent with the acquisition simplification and streamlining

laws enacted in the Federal Acquisition Streamlining Act of 1994

(Public Law 103-355).

-SOURCE-

(Pub. L. 104-1, title V, Sec. 508, Jan. 23, 1995, 109 Stat. 44.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Acquisition Streamlining Act of 1994, referred to in

text, is Pub. L. 103-355, Oct. 13, 1994, 108 Stat. 3243. For

complete classification of this Act to the Code, see Short Title of

1994 Amendment note set out under section 251 of Title 41, Public

Contracts, and Tables.

-CITE-

2 USC Sec. 1438 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1438. Severability

-STATUTE-

If any provision of this chapter or the application of such

provision to any person or circumstance is held to be invalid, the

remainder of this chapter and the application of the provisions of

the remainder to any person or circumstance shall not be affected

thereby.

-SOURCE-

(Pub. L. 104-1, title V, Sec. 509, Jan. 23, 1995, 109 Stat. 44.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 104-1, Jan. 23, 1995, 109 Stat. 3, as

amended, 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.

-CITE-

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