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2 U.S.C. § 1402 — Initiation of procedures
Federal law — U.S. Code and appendices · legal_authorities
**(a) Claim**
(1) **Filing of claim** — To commence a proceeding under this subchapter, a covered employee alleging a violation of law made applicable under part A of subchapter II shall file a claim with the Office. The Office shall not accept a claim which is filed after the deadline applicable under subsection (d).
(2) **Contents of claim** — The claim filed under this section shall be made in writing under oath or affirmation, shall describe the facts that form the basis of the claim and the violation that is being alleged, shall identify the employing office alleged to have committed the violation or in which the violation is alleged to have occurred, and shall be in such form as the Office requires.
(3) **No effect on ability of covered employee to seek information from office or pursue relief** — Nothing in paragraph (2), or subsection (b) or (c), may be construed to limit the ability of a covered employee—
(A) to contact the Office or any other appropriate office prior to filing a claim under this section to seek information regarding the employee’s rights under this chapter and the procedures available under this chapter;
(B) in the case of a covered employee of an employing office of the House of Representatives or Senate, to refer information regarding an alleged violation of part A of subchapter II to the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate (as the case may be); or
(C) to file a civil action in accordance with [section 1401(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401/b&num=0&edition=prelim).
**(b) Initial processing of claim**
(1) **Intake and recording; notification to employing office** — Upon the filing of a claim by a covere
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Stable record: federal_law:legal_authorities:record_usc_a55dea17ff133a57d42ada10
Source file: Laws/federal/codes/united-states-code/title-2/section-1402-initiation-of-procedures--6ba4985878.md
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Source location: Title 2, Chapter 24, § 1402; chapter-024-congressional-accountability.md
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**(a) Claim**
(1) **Filing of claim** — To commence a proceeding under this subchapter, a covered employee alleging a violation of law made applicable under part A of subchapter II shall file a claim with the Office. The Office shall not accept a claim which is filed after the deadline applicable under subsection (d).
(2) **Contents of claim** — The claim filed under this section shall be made in writing under oath or affirmation, shall describe the facts that form the basis of the claim and the violation that is being alleged, shall identify the employing office alleged to have committed the violation or in which the violation is alleged to have occurred, and shall be in such form as the Office requires.
(3) **No effect on ability of covered employee to seek information from office or pursue relief** — Nothing in paragraph (2), or subsection (b) or (c), may be construed to limit the ability of a covered employee—
(A) to contact the Office or any other appropriate office prior to filing a claim under this section to seek information regarding the employee’s rights under this chapter and the procedures available under this chapter;
(B) in the case of a covered employee of an employing office of the House of Representatives or Senate, to refer information regarding an alleged violation of part A of subchapter II to the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate (as the case may be); or
(C) to file a civil action in accordance with [section 1401(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401/b&num=0&edition=prelim).
**(b) Initial processing of claim**
(1) **Intake and recording; notification to employing office** — Upon the filing of a claim by a covered employee under subsection (a), the Office shall take such steps as may be necessary for the initial intake and recording of the claim, including providing each party with all relevant information with respect to the rights of the party under this chapter, and shall transmit immediately a copy of the claim to the head of the employing office and the designated representative of that office.
(2) **Special notification requirements for claims based on acts by members of Congress**
(A) *In general* — In the case of a claim alleging a violation described in subparagraph (B) which consists of a violation described in [section 1415(d)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1415/d/1/A&num=0&edition=prelim) by an individual, upon the filing of the claim under subsection (a), the Office shall notify immediately such individual of the claim, the possibility that the individual may be required to reimburse the account described in [section 1415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1415/a&num=0&edition=prelim) for the reimbursable portion of any award or settlement in connection with the claim, and the right of the individual under [section 1415(d)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1415/d/8&num=0&edition=prelim) to intervene in any mediation, hearing, or civil action under this subchapter with respect to the claim.
(B) *Violations described* — A violation described in this subparagraph is—
(i) harassment that is unlawful under section 1311(a) or 1316(a) of this title; or
(ii) intimidation, reprisal, or discrimination that is unlawful under [section 1317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1317&num=0&edition=prelim) and is taken against a covered employee because of a claim alleging a violation described in clause (i).
**(c) Use of secure electronic reporting and tracking system**
(1) **Establishment and operation of secure system** — The Office shall establish and operate a secure electronic reporting system through which a covered employee may initiate a proceeding under this subchapter, and which will keep an electronic record of the date and time at which the proceeding is initiated and will track all subsequent actions or proceedings occurring with respect to the proceeding under this subchapter.
(2) **Accessibility to all parties** — The system shall be accessible to all parties to such actions or proceedings, but only until the completion of such actions or proceedings.
(3) **Assessment of effectiveness of procedures** — The Office shall use the information contained in the system to make regular assessments of the effectiveness of the procedures under this subchapter in providing for the timely resolution of claims, and shall submit semi-annual reports on such assessments each year to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.
**(d) Deadline** A covered employee may not file a claim under this section with respect to an allegation of a violation of law after the expiration of the 180-day period which begins on the date of the alleged violation.
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Federal law — U.S. Code and appendices · legal_authorities
**(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) shall be such legal or equitable remedy as may be appropriate to redress a violation of subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1317
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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) Establishment** There is established, as an independent office within the legislative branch of the Federal Government, the Office of Congressional Workplace Rights.
**(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, who are authorized to take such steps as they consider appropriate to ensure the timely appointment of the members of the Board consistent with the requirements of this section. Appointments of the first 5 members of the Board shall be completed not later than 90 days after January 23, 1995.
**(c) Chair** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1302&num=0&edition=prelim).
(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 11 See References in Text note below. to register wit
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1381
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preliminary review by hearing officer**
(1) **Appointment** — Not later than 7 days after transmission to the employing office of a 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 Executive Director shall appoint a hearing officer to conduct a preliminary review of the claim.
(2) **Process for appointment** — The Executive Director shall appoint a hearing officer under this subsection in the same manner and in accordance with the same requirements and procedures applicable to the appointment of a hearing officer under [section 1405(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405/c&num=0&edition=prelim).
**(b) Assessments required** In conducting a preliminary review of a claim under this section, the hearing officer shall assess each of the following:
(1) Whether the claimant is a covered employee authorized to obtain relief relating to the claim under this subchapter.
(2) Whether the office which is the subject of the claim is an employing office under this chapter.
(3) Whether the individual filing the claim has met the applicable deadlines for filing the claim under this subchapter.
(4) The identification of factual and legal issues involved with respect to the claim.
(5) The specific relief sought by the individual.
(6) Whether, on the basis of the assessments made under paragraphs (1) through (5), the individual filing the claim is a covered employee who has stated a claim for which, if the allegations contained in the claim are true, relief may be granted under this subchapter.
(7) The potential for the settlement of the claim without a formal hearing as provided under [section 1405 of this
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1402a
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1408
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Federal law — U.S. Code and appendices · legal_authorities
Page 337
TITLE 2—THE CONGRESS
§ 1402
Section 153(c) of the Legislative Branch Appropria-
tions Act, 2018, referred to in subsec. (d)(5), is Pub. L.
115–141, div. I, title I, § 153(c), Mar. 23, 2018, 132 Stat. 787,
set out as a note under section 1301 of this title.
AMENDMENTS
2018—Pub. L. 115–397 amended section generally. Prior
to amendment, section related to procedure for consid-
eration of alleged violations, consisting of three pars.
Par. (3). Pub. L. 115–141, § 153(b)(1)(A), struck out ‘‘ei-
ther’’ after ‘‘section 1404 of this title, of’’ in introduc-
tory provisions.
Par. (3)(C). Pub. L. 115–141, § 153(b)(1)(B)–(D), added
subpar. (C).
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.
§ 1402. Initiation of procedures
(a) Claim
(1) Filing of claim
To commence a proceeding under this sub-
chapter, a covered employee alleging a viola-
tion of law made applicable under part A of
subchapter II shall file a claim with the Office.
The Office shall not accept a claim which is
filed after the deadline applicable under sub-
section (d).
(2) Contents of claim
The claim filed under this section shall be
made in writing under oath or affirmation,
shall describe the facts that form the basis of
the claim and the violation that is being al-
leged, shall identify the employing office al-
leged to have committed the violation or in
which the violation is alleged to have oc-
curred, and shall be in such form as the Office
requires.
(3) No effect on ability of covered employee to
seek info
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 1402
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