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2 U.S.C. § 1404 — Repealed. Pub. L. 115–397, title I, § 101(c)(1), Dec. 21, 2018, 132 Stat. 5301
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 104–1, title IV, § 404, Jan. 23, 1995, 109 Stat. 33; Pub. L. 114–6, § 2(b), Mar. 20, 2015, 129 Stat. 81; Pub. L. 115–141, div. I, title I, § 153(b)(2), Mar. 23, 2018, 132 Stat. 786, related to election of proceeding.
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Source file: Laws/federal/codes/united-states-code/title-2/section-1404-repealed-pub-l-115397-title-i-101-c-1-dec-21-2018-132-stat-5301--63b1353b00.md
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Source location: Title 2, Chapter 24, § 1404; chapter-024-congressional-accountability.md
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### Statutory Notes
Section, Pub. L. 104–1, title IV, § 404, Jan. 23, 1995, 109 Stat. 33; Pub. L. 114–6, § 2(b), Mar. 20, 2015, 129 Stat. 81; Pub. L. 115–141, div. I, title I, § 153(b)(2), Mar. 23, 2018, 132 Stat. 786, related to election of 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
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Availability of mediation**
(1) **Notification regarding mediation**
(A) *Covered employee* — Upon receipt of a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim), the Office shall notify the covered employee who filed the claim about the process for mediation under this section and the deadlines applicable to such mediation.
(B) *Employing office* — Upon transmission to the employing office of the claim pursuant to [section 1402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402/b&num=0&edition=prelim), the Office shall notify the employing office about the process for mediation under this section and the deadlines applicable to such mediation.
(2) **Initiation**
(A) *In general* — During the period described in subparagraph (B), either the covered employee who filed a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) or the employing office named in the claim may file a request for mediation with the Office, which shall promptly notify the other party. If the other party agrees to the request, the Office shall promptly assign a mediator to the claim, and conduct mediation under this section.
(B) *Timing* — A covered employee or an employing office may file a request for mediation under subparagraph (A) during the period beginning on the date that the covered employee or employing office, respectively, receives a notification under paragraph (1) regarding a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) and ending on the date o
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1403
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction** The district courts of the United States shall have jurisdiction over any civil action commenced under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401&num=0&edition=prelim) and this section by a covered employee.
**(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.
**(c) Jury trial** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) 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 Unit
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Federal law — U.S. Code and appendices · legal_authorities
Page 340
TITLE 2—THE CONGRESS
§ 1404
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (c), 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.
PRIOR PROVISIONS
A prior section 404 of Pub. L. 104–1 was classified to
section 1404 of this title, prior to repeal by Pub. L.
115–397, title I, § 101(c)(1), Dec. 21, 2018, 132 Stat. 5301.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–397, § 104(a), amended
subsec. (a) generally. Prior to amendment, text read as
follows: ‘‘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 Of-
fice.’’
Subsec. (b)(2). Pub. L. 115–397, § 104(b), substituted
‘‘meetings with the parties during which, at the re-
quest of any of the parties, the parties shall be sepa-
rated,’’ for ‘‘meetings with the parties separately or
jointly’’.
Subsec. (c). Pub. L. 115–397, § 104(c), substituted ‘‘The
mediation period shall be 30 days, beginning on the
first day after the second party agrees to the request
for the mediation. The mediation period may be ex-
tended for one additional period of 30 days at the joint
request of the covered employee and employing office.
Any deadline in this chapter relating to a claim for
which mediation has been agreed to in this section,
that has not already passed by the first day of the me-
diation period, shall be s
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 1404
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