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2 U.S.C. § 1411 — Effect of failure to issue regulations
Federal law — U.S. Code and appendices · legal_authorities
In any proceeding under section 1405, 1406, 1407, or 1408 of this title, except a proceeding to enforce [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim) with respect to offices listed under [section 1351(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351/e/2&num=0&edition=prelim), 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.
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Source file: Laws/federal/codes/united-states-code/title-2/section-1411-effect-of-failure-to-issue-regulations--0bf11338ba.md
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Source location: Title 2, Chapter 24, § 1411; chapter-024-congressional-accountability.md
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In any proceeding under section 1405, 1406, 1407, or 1408 of this title, except a proceeding to enforce [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim) with respect to offices listed under [section 1351(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351/e/2&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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 Congressional Workplace Rights.
(2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
(3) **Covered employee** — The term “covered employee” means any employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Office of Congressional Accessibility Services;
(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 Congressional Workplace Rights;
(I) the Office of Technology Assessment;
(J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or
(K) the John C. Stennis Center for Public Service Training and Development.
(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 or the Botanic Garden.
(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 Chief Administrative Officer of the House of Representatives, or another official designated by the H
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(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) **Application** — 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.
(3) **Definitions** — For purposes of this section, the term “covered employee” does not include an employee of the Library of Congress, and the term “employing office” does not include the Library of Congress.
**(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy, including a remedy under [section 7118(a)(7) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7118/a/7&num=0&edition=prelim), as would be appropriate if awarded by the Federal Labor Relations Authority to remedy a violation of any provision made applicable by subsection (a).
**(c) Authorities and procedures for implementation and enforcement**
(1) **General authorities of Board; petitions** — For purposes of this section and except as otherwise provided in this section, the Board 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/b&num=0&edition=prelim). 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 se
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Federal law — U.S. Code and appendices · legal_authorities
Page 344
TITLE 2—THE CONGRESS
§ 1409
§ 1409. Judicial review of regulations
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 regula-
tions approved by a joint resolution under sec-
tion 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 im-
plement the statutory provisions with respect to
which the invalid regulation was issued. Except
as provided in this section, the validity of regu-
lations issued under this chapter is not subject
to judicial review.
(Pub. L. 104–1, title IV, § 409, Jan. 23, 1995, 109
Stat. 37.)
Editorial Notes
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, 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.
§ 1410. Other judicial review prohibited
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.
(Pub. L. 104–1, title IV, § 410, Jan. 23, 1995, 109
Stat. 37.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, w
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 1411
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