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2 U.S.C. § 1407 — Judicial review of Board decisions and enforcement

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1407 — Judicial review of Board decisions and enforcement

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Stable record: federal_law:legal_authorities:record_usc_017b9fbd3f8e28b6cf2c4229
Source file: Laws/federal/codes/united-states-code/title-2/section-1407-judicial-review-of-board-decisions-and-enforcement--8ecd16250e.md
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Source location: Title 2, Chapter 24, § 1407; chapter-024-congressional-accountability.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1406/e&num=0&edition=prelim) in cases arising under part A of subchapter II, (B) a charging individual or a respondent before the Board who files a petition under [section 1331(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1331/d/4&num=0&edition=prelim), (C) the General Counsel or a respondent before the Board who files a petition under [section 1341(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1341/c/5&num=0&edition=prelim), or (D) the General Counsel or a respondent before the Board who files a petition under [section 1351(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351/c/3&num=0&edition=prelim). 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. **(b) Procedures** (1) **Respondents** (A) In any proceeding commenced by a petition filed under subsection (a)(1)(A) or (B), or filed by a party other than the General Counsel under subsection (a)(1)(C) or (D), 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), the prevailing party in the final decision entered under [section 1406(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1406/e&num=0&edition=prelim) 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. (C) In any proceeding commenced by a petition filed under subsection (a)(2), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1406&num=0&edition=prelim) and that was not made respondent under paragraph (1) may intervene as of right. **(c) Law applicable** Chapter 158 of title 28 shall apply to judicial review under paragraph (1) of subsection (a), except that— (1) with respect to [section 2344 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2344&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2348&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1406/e&num=0&edition=prelim); 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) 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), 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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2344 — Review of orders; time; notice; contents of petition; service

On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of— (1) the nature of the proceedings as to which review is sought; (2) the facts on which venue is based; (3) the grounds on which relief is sought; and (4) the relief prayed. The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt.

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28 U.S.C. § 2348 — Representation in proceeding; intervention

The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chapter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associations, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1406 — Appeal to Board

**(a) In general** Any party aggrieved by the decision of a hearing officer under [section 1405(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405/g&num=0&edition=prelim) 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. **(c) Standard of review** 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), 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.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 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** 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 Office of Congressional Accessibility Services; (5) the Capitol Police; (6) the Congressional Budget Office; (7) the Office of the Architect of the Capitol (including the Botanic Garden); (8) the Office of the Attending Physician; (9) the Office of Congressional Workplace Rights; (10) the Office of Technology Assessment; and (11) the Library of Congress. **(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. 12131–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131–121&num=0&edition=prelim)50, 12182, 12183, and 12189) shall apply to the entities listed in subsection (a). (2) **Definitions** — For purposes of the application of title II of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131&num=0&edition=prelim) et seq.) under this section, the term “public entity” means any entity listed in subsection (a) that provides public services, programs, or activities. **(c) Remedy** The remedy for a violation of subsection (b) shall be such remedy as would be appropriate if awarded under section 203 or 308(a) of the Americans

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1341 — Rights and protections under Occupational Safety and Health Act of 1970; procedures for remedy of violations

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section654&num=0&edition=prelim)). (2) **Definitions** — For purposes of the application under this section of the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) 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; (C) the term “employing office” includes the Government Accountability Office and any entity listed in subsection (a) of [section 1331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1331&num=0&edition=prelim) 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 Government Accountability Office. **(b) Remedy** The remedy for a violation of subsection (a) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section662/a&num=0&edition=prelim)). **(c) Procedures** (1) **Requests for inspections** — Upon written request of any employing office or covered employee, the General Counsel shal

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1351 — Application of chapter 71 of title 5 relating to Federal service labor-management relations; procedures for remedy of violations

**(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

2 U.S.C. § 1401 — Procedure for consideration of alleged violations

**(a) Filing and review of claims** Except as otherwise provided, the procedure for consideration of an alleged violation of part A of subchapter II consists of— (1) the filing of a claim by the covered employee alleging the violation, as provided in [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim); (2) the preliminary review of the claim, to be conducted by a hearing officer as provided in [section 1402a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a&num=0&edition=prelim); (3) mediation as provided in [section 1403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1403&num=0&edition=prelim), if requested and agreed to by the parties under that section; and (4) a formal hearing as provided in [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405&num=0&edition=prelim), subject to Board review as provided in [section 1406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1406&num=0&edition=prelim) and judicial review in the United States Court of Appeals for the Federal Circuit as provided in [section 1407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1407&num=0&edition=prelim). **(b) Right of employee to file civil action** (1) **Civil action** — Only a covered employee who has filed a claim timely as provided in [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) and who has not submitted a request for a hearing on the claim pursuant to [section 1405(a) of this title](https://uscode

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1416 — Confidentiality

**(a) Mediation** All information discussed or disclosed in the course of any mediation shall be strictly confidential, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement. **(b) Hearings and deliberations** Except as provided in subsections (c), (d), and (e), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1341&num=0&edition=prelim), but shall apply to the deliberations of hearing officers and the Board under that section. The Executive Director shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection. **(c) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1407&num=0&edition=prelim). **(d) Automatic referral to Congressional Ethics Committee of dispositions of claims involving Members of Congress and senior staff** (1) **Referral** — Upon the final disposition under this subchapter (as described in paragraph (6)) of a claim alleging a violation described in [section 1415(d)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1415/d/1/C&num=0&edition=pre

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1407 — Judicial review of Board decisions and

Page 342 TITLE 2—THE CONGRESS § 1406 section (a)’’ for ‘‘complaint’’, was executed by making the substitution both places it appeared, to reflect the probable intent of Congress. Subsec. (c)(3). Pub. L. 115–397, § 103(c), added par. (3). Subsec. (d). Pub. L. 115–397, § 103(e)(3), substituted ‘‘claim’’ for ‘‘complaint’’ in introductory provisions. Subsec. (d)(2). Pub. L. 115–397, § 103(d), added par. (2) and struck out former par. (2) which read as follows: ‘‘commenced no later than 60 days after filing of the complaint under subsection (a), except that the Office may, for good cause, extend up to an additional 30 days the time for commencing a hearing; and’’. Subsec. (g). Pub. L. 115–397, § 103(e)(4), substituted ‘‘claim’’ for ‘‘complaint’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title. § 1406. Appeal to Board (a) In general Any party aggrieved by the decision of a hear- ing 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 de- cision 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. (c) Standard of review The Board shall set aside a decision of a hear- ing officer if the Board determines that the deci- sion was— (1) arbitrary, capricious, an abuse of di

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