2 U.S.C. § 1404 — Untitled legal text

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 stayed during the mediation pe- riod.’’ for ‘‘The mediation period shall be 30 days begin- ning on the date the request for mediation is received. The mediation period may be extended for additional periods at the joint request of the covered employee and the employing office.’’ 2015—Subsec. (b)(1). Pub. L. 114–6, § 2(a)(1), substituted ‘‘from the master list developed and maintained under subsection (e)’’ for ‘‘after considering recommendations by organizations composed primarily of individuals ex- perienced in adjudicating or arbitrating personnel mat- ters’’. Subsec. (e). Pub. L. 114–6, § 2(a)(2), added subsec. (e). 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. EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–6, § 2(d), Mar. 20, 2015, 129 Stat. 82, pro- vided that: ‘‘The amendments made by this section [amending this section and sections 1404 and 1416 of this title] shall apply with respect to mediations and other proceedings which are first initiated after the date of the enactment of this Act [Mar. 20, 2015].’’ § 1404. Repealed. Pub. L. 115–397, title I, § 101(c)(1), Dec. 21, 2018, 132 Stat. 5301 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. § 1405. Hearing (a) Requirement for hearings to commence in Of- fice (1) Hearing required upon request If, not later than 10 days after a hearing offi- cer submits the report on the preliminary re- view of a claim under section 1402a(c) of this title, a covered employee submits a request to the Executive Director for a hearing under this section, the Executive Director shall ap- point an independent hearing officer pursuant to subsection (c) to consider the claim and render a decision, and a hearing shall be com- menced in the Office. (2) Exceptions Paragraph (1) does not apply with respect to the claim if— (A) the hearing officer’s report on the pre- liminary review of the claim under section 1402a(c) of this title includes the determina- tion 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); or (B) the covered employee files a civil ac- tion as provided in section 1408 of this title 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 independent hearing officer to consider the request for a hearing under sub- section (a) and render a decision. No Member of the House of Representatives, Senator, offi- cer of either the House of Representatives or the Senate, head of an employing office, mem- ber of the Board, or covered employee may be appointed to be a hearing officer. The Execu- tive Director shall select hearing officers on a rotational or random basis from the lists de- veloped under paragraph (2). Nothing in this section shall prevent the appointment of hear- ing officers as full-time employees of the Of- fice or the selection of hearing officers on the basis of specialized expertise needed for par- ticular matters. (2) Lists The Executive Director shall develop master lists, composed of— (A) members of the bar of a State or the District of Columbia and retired judges of the United States courts who are experi- enced in adjudicating or arbitrating the kinds of personnel and other matters for which hearings may be held under this chap- ter, and (B) individuals expert in technical matters relating to accessibility and usability by persons with disabilities or technical mat- ters relating to occupational safety and health.