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2 U.S.C. § 1406 — Appeal to Board
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_e2f2b54cb84869bf38d73a19
Source file: Laws/federal/codes/united-states-code/title-2/section-1406-appeal-to-board--8971c4a86c.md
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Source location: Title 2, Chapter 24, § 1406; chapter-024-congressional-accountability.md
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**(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
**(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
**(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
**(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
**(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) Requirement for hearings to commence in Office**
(1) **Hearing required upon request** — If, not later than 10 days after a hearing officer submits the report on the preliminary review of a claim under [section 1402a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/c&num=0&edition=prelim), a covered employee submits a request to the Executive Director for a hearing under this section, the Executive Director shall appoint an independent hearing officer pursuant to subsection (c) to consider the claim and render a decision, and a hearing shall be commenced in the Office.
(2) **Exceptions** — Paragraph (1) does not apply with respect to the claim if—
(A) the hearing officer’s report on the preliminary review of the claim under [section 1402a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/c&num=0&edition=prelim) includes the determination that the individual filing the claim is not a covered employee who has stated a claim for which relief may be granted under this title (as described in [section 1402a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/d&num=0&edition=prelim)); or
(B) the covered employee files a civil action as provided in [section 1408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1408&num=0&edition=prelim) with respect to the claim.
**(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.
**(c) Hearing officer**
(1) **Appointment** — Upon the filing of a request for a hearing under subsection (a), the Executive Director shall appoint an
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1405
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1407
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 1406
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