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2 U.S.C. § 1316a — Legislative branch appointments
Federal law — U.S. Code and appendices · legal_authorities
Page 314
TITLE 2—THE CONGRESS
§ 1316
plement the statutory provisions referred to
in subsection (a) except insofar as the Board
may determine, for good cause shown and stat-
ed together with the regulation, that a modi-
fication of such regulations would be more ef-
fective for the implementation of the rights
and protections under this section.
(d) Effective date
(1) In general
Except as provided in paragraph (2), sub-
sections (a) and (b) shall be effective 1 year
after January 23, 1995.
(2) Government Accountability Office and Li-
brary of Congress
This section shall be effective with respect
to the Government Accountability Office and
the Library of Congress 1 year after trans-
mission to the Congress of the study under
section 1371 of this title.
(Pub. L. 104–1, title II, § 205, Jan. 23, 1995, 109
Stat. 11; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814; Pub. L. 115–141, div. I, title I,
§ 153(a)(2)(B), Mar. 23, 2018, 132 Stat. 785.)
Editorial Notes
AMENDMENTS
2018—Subsec. (a)(2). Pub. L. 115–141 struck out ‘‘and
the Library of Congress’’ after ‘‘the Government Ac-
countability Office’’ in two places.
2004—Subsec. (a)(2). Pub. L. 108–271 substituted ‘‘Gov-
ernment Accountability Office’’ for ‘‘General Account-
ing Office’’ in two places.
Subsec. (d)(2). Pub. L. 108–271 substituted ‘‘Govern-
ment Accountability Office’’ for ‘‘General Accounting
Office’’ in heading and text.
§ 1316. Rights and protections relating to vet-
erans’ employment and reemployment
(a) Employment and reemployment rights of
members of uniformed services
(1) In general
It shall be unlawful for an employing office
to—
(A) discriminate, within the meaning of
subsections (a) and (b) of section 4311 of title
38, against an eligible employee;
(B) deny to an eligi
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Page 314
TITLE 2—THE CONGRESS
§ 1316
plement the statutory provisions referred to
in subsection (a) except insofar as the Board
may determine, for good cause shown and stat-
ed together with the regulation, that a modi-
fication of such regulations would be more ef-
fective for the implementation of the rights
and protections under this section.
(d) Effective date
(1) In general
Except as provided in paragraph (2), sub-
sections (a) and (b) shall be effective 1 year
after January 23, 1995.
(2) Government Accountability Office and Li-
brary of Congress
This section shall be effective with respect
to the Government Accountability Office and
the Library of Congress 1 year after trans-
mission to the Congress of the study under
section 1371 of this title.
(Pub. L. 104–1, title II, § 205, Jan. 23, 1995, 109
Stat. 11; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814; Pub. L. 115–141, div. I, title I,
§ 153(a)(2)(B), Mar. 23, 2018, 132 Stat. 785.)
Editorial Notes
AMENDMENTS
2018—Subsec. (a)(2). Pub. L. 115–141 struck out ‘‘and
the Library of Congress’’ after ‘‘the Government Ac-
countability Office’’ in two places.
2004—Subsec. (a)(2). Pub. L. 108–271 substituted ‘‘Gov-
ernment Accountability Office’’ for ‘‘General Account-
ing Office’’ in two places.
Subsec. (d)(2). Pub. L. 108–271 substituted ‘‘Govern-
ment Accountability Office’’ for ‘‘General Accounting
Office’’ in heading and text.
§ 1316. Rights and protections relating to vet-
erans’ employment and reemployment
(a) Employment and reemployment rights of
members of uniformed services
(1) In general
It shall be unlawful for an employing office
to—
(A) discriminate, within the meaning of
subsections (a) and (b) of section 4311 of title
38, against an eligible employee;
(B) deny to an eligible employee reemploy-
ment rights within the meaning of sections
4312 and 4313 of title 38; or
(C) deny to an eligible employee benefits
within the meaning of sections 4316, 4317,
and 4318 of title 38.
(2) Definitions
For purposes of this section—
(A) the term ‘‘eligible employee’’ means a
covered employee performing service in the
uniformed services, within the meaning of
section 4303(13) of title 38, whose service has
not been terminated upon occurrence of any
of the events enumerated in section 4304 of
title 38,
(B) the term ‘‘covered employee’’ includes
employees of the Government Account-
ability Office, and
(C) the term ‘‘employing office’’ includes
the Government Accountability Office.
(b) Remedy
The remedy for a violation of subsection (a)
shall be such remedy as would be appropriate if
awarded under section 4323(d) of title 38.
(c) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
promulgated by the Secretary of Labor to im-
plement the statutory provisions referred to
in subsection (a) except to the extent that the
Board may determine, for good cause shown
and stated together with the regulation, that
a modification of such regulations would be
more effective for the implementation of the
rights and protections under this section.
(d) Effective date
(1) In general
Except as provided in paragraph (2), sub-
sections (a) and (b) shall be effective 1 year
after January 23, 1995.
(2) Government Accountability Office and Li-
brary of Congress
This section shall be effective with respect
to the Government Accountability Office and
the Library of Congress 1 year after trans-
mission to the Congress of the study under
section 1371 of this title.
(Pub. L. 104–1, title II, § 206, Jan. 23, 1995, 109
Stat. 12; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814; Pub. L. 111–275, title VII, § 703(b), Oct.
13, 2010, 124 Stat. 2888; Pub. L. 115–141, div. I,
title I, § 153(a)(2)(C), Mar. 23, 2018, 132 Stat. 785.)
Editorial Notes
AMENDMENTS
2018—Subsec. (a)(2)(B), (C). Pub. L. 115–141 struck out
‘‘and the Library of Congress’’ after ‘‘the Government
Accountability Office’’.
2010—Subsec. (b). Pub. L. 111–275 substituted ‘‘under
section 4323(d) of title 38’’ for ‘‘under paragraphs (1),
(2)(A), and (3) of section 4323(c) of title 38’’.
2004—Subsec. (a)(2)(B), (C). Pub. L. 108–271 substituted
‘‘Government Accountability Office’’ for ‘‘General Ac-
counting Office’’.
Subsec. (d)(2). Pub. L. 108–271 substituted ‘‘Govern-
ment Accountability Office’’ for ‘‘General Accounting
Office’’ in heading and text.
§ 1316a. Legislative branch appointments
(1) Definitions
For the purposes of this section, the terms
‘‘covered employee’’ and ‘‘Board’’ shall each
have the meaning given such term by section 101
of the Congressional Accountability Act of 1995
(2 U.S.C. 1301).
(2) Rights and protections
The rights and protections established under
section 2108, sections 3309 through 3312, and sub-
chapter I of chapter 35, of title 5, shall apply to
covered employees.
(3) Remedies
(A) In general
The remedy for a violation of paragraph (2)
shall be such remedy as would be appropriate
if awarded under applicable provisions of title
Page 315
TITLE 2—THE CONGRESS
§ 1316b
5 in the case of a violation of the relevant cor-
responding provision (referred to in paragraph
(2)) of such title.
(B) Procedure
The procedure for consideration of alleged
violations of paragraph (2) shall be the same
as apply under section 401 of the Congressional
Accountability Act of 1995 [2 U.S.C. 1401] (and
the provisions of law referred to therein) in
the case of an alleged violation of part A of
title II of such Act [2 U.S.C. 1311 et seq.].
(4) Regulations to implement section
(A) In general
The Board shall, pursuant to section 304 of
the Congressional Accountability Act of 1995
(2 U.S.C. 1384), issue regulations to implement
this section.
(B) Agency regulations
The regulations issued under subparagraph
(A) shall be the same as the most relevant sub-
stantive regulations (applicable with respect
to the executive branch) promulgated to im-
plement the statutory provisions referred to
in paragraph (2) except insofar as the Board
may determine, for good cause shown and stat-
ed together with the regulation, that a modi-
fication of such regulations would be more ef-
fective for the implementation of the rights
and protections under this section.
(C) Coordination
The regulations issued under subparagraph
(A) shall be consistent with section 225 of the
Congressional Accountability Act of 1995 (2
U.S.C. 1361).
(5) Applicability
Notwithstanding any other provision of this
section, the term ‘‘covered employee’’ shall not,
for purposes of this section, include an em-
ployee—
(A) whose appointment is made by the Presi-
dent with the advice and consent of the Sen-
ate;
(B) whose appointment is made by a Member
of Congress or by a committee or sub-
committee of either House of Congress; or
(C) who is appointed to a position, the duties
of which are equivalent to those of a Senior
Executive Service position (within the mean-
ing of section 3132(a)(2) of title 5).
(6) Effective date
Paragraphs (2) and (3) shall be effective as of
the effective date of the regulations under para-
graph (4).
(Pub. L. 105–339, § 4(c), Oct. 31, 1998, 112 Stat.
3185.)
Editorial Notes
REFERENCES IN TEXT
The Congressional Accountability Act of 1995, re-
ferred to in par. (3)(B), is Pub. L. 104–1, Jan. 23, 1995, 109
Stat. 3. Part A (§§ 201–207) of title II of the Act is classi-
fied principally to this part. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 1301 of this title and Tables.
CODIFICATION
Section was enacted as part of the Veterans Employ-
ment Opportunities Act of 1998, and not as part of the
Congressional Accountability Act of 1995 which com-
prises this chapter.
§ 1316b. Rights and protections relating to crimi-
nal history inquiries
(a) Definitions
In this section, the terms ‘‘agency’’, ‘‘criminal
history record information’’, and ‘‘suspension’’
have the meanings given the terms in section
9201 of title 5, except as otherwise modified by
this section.
(b) Restrictions on criminal history inquiries
(1) In general
(A) In general
Except as provided in subparagraph (B), an
employee of an employing office may not re-
quest that an applicant for employment as a
covered employee disclose criminal history
record information if the request would be
prohibited under section 9202 of title 5 if
made by an employee of an agency.
(B) Conditional offer
For purposes of applying that section 9202
under subparagraph (A), a reference in that
section 9202 to a conditional offer shall be
considered to be an offer of employment as a
covered employee that is conditioned upon
the results of a criminal history inquiry.
(2) Rules of construction
The provisions of section 9206 of title 5 shall
apply to employing offices, consistent with
regulations issued under subsection (d).
(c) Remedy
(1) In general
The remedy for a violation of subsection
(b)(1) shall be such remedy as would be appro-
priate if awarded under section 9204 of title 5
if the violation had been committed by an em-
ployee of an agency, consistent with regula-
tions issued under subsection (d), except that
the reference in that section to a suspension
shall be considered to be a suspension with the
level of compensation provided for a covered
employee who is taking unpaid leave under
section 1312 of this title.
(2) Process for obtaining relief
An applicant for employment as a covered
employee who alleges a violation of subsection
(b)(1) may rely on the provisions of subchapter
IV (other than section 1407 or 1408 of this title,
or a provision of this subchapter that permits
a person to obtain a civil action or judicial re-
view),
consistent
with
regulations
issued
under subsection (d).
(d) Regulations to implement section
(1) In general
Not later than 18 months after December 20,
2019, the Board shall, pursuant to section 1384
of this title, issue regulations to implement
this section.
(2) Parallel with agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
issued by the Director of the Office of Per-
sonnel Management under section 2(b)(1) of
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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
Page 305
TITLE 2—THE CONGRESS
§ 1301
Sec.
1403.
Mediation.
1404.
Repealed.
1405.
Hearing.
1406.
Appeal to Board.
1407.
Judicial review of Board decisions and en-
forcement.
1408.
Civil action.
1409.
Judicial review of regulations.
1410.
Other judicial review prohibited.
1411.
Effect of failure to issue regulations.
1412.
Expedited review of certain appeals.
1413.
Privileges and immunities.
1414.
Settlement.
1415.
Payments.
1416.
Confidentiality.
1417.
Option to request remote work assignment or
paid leave of absence during pendency of
procedures.
SUBCHAPTER V—MISCELLANEOUS PROVISIONS
1431.
Exercise of rulemaking powers.
1432.
Political affiliation and place of residence.
1433.
Nondiscrimination rules of House and Senate.
1434.
Judicial branch coverage study.
1435.
Savings provisions.
1436.
Repealed.
1437.
Sense of Senate regarding adoption of sim-
plified and streamlined acquisition proce-
dures for Senate acquisitions.
1437a.
Training and education programs of employ-
ing offices.
1437b.
Support for out-of-area covered employees.
1438.
Severability.
SUBCHAPTER I—GENERAL
§ 1301. Definitions
(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 Direc-
tors of the Office of Congressional Workplace
Rights.
(2) Chair
The term ‘‘Chair’’ means the Chair of the
Board of Directors of the Office of Congres-
sional 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 Accessi-
bility Services;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Cap-
itol
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Discriminatory practices prohibited** All personnel actions affecting covered employees shall be made free from any discrimination based on—
(1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–2&num=0&edition=prelim));
(2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 ([29 U.S.C. 633a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section633a&num=0&edition=prelim)); or
(3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 ([29 U.S.C. 791](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section791&num=0&edition=prelim)) and sections 102 through 104 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12112–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112–121&num=0&edition=prelim)14).
**(b) Remedy**
(1) **Civil rights** — The remedy for a violation of subsection (a)(1) shall be—
(A) such remedy as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–5(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–5/g&num=0&edition=prelim)); and
(B) such compensatory damages as would be appropriate if awarded under [section 1981 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981&num=0&edition=prelim), or as would be appropriate if awarded under sections 1981a(a)(1), 1981a(b)(2), and, irrespective of the size of the employing office, 1981a(b)(3)(D) of title 42.
(2) **Age discrimination** — The remedy for a violation o
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Federal law — U.S. Code and appendices · legal_authorities
Page 309
TITLE 2—THE CONGRESS
§ 1311
15 (§ 651 et seq.) of Title 29. For complete classification
of this Act to the Code, see Short Title note set out
under section 651 of Title 29 and Tables.
The Employee Polygraph Protection Act of 1988, re-
ferred to in subsec. (a)(8), is Pub. L. 100–347, June 27,
1988, 102 Stat. 646, which is classified generally to chap-
ter 22 (§ 2001 et seq.) of Title 29. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 2001 of Title 29 and Tables.
The Worker Adjustment and Retraining Notification
Act, referred to in subsec. (a)(9), is Pub. L. 100–379, Aug.
4, 1988, 102 Stat. 890, which is classified generally to
chapter 23 (§ 2101 et seq.) of Title 29. For complete clas-
sification of this Act to the Code, see Short Title note
set out under section 2101 of Title 29 and Tables.
The Rehabilitation Act of 1973, referred to in subsec.
(a)(10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355,
which is classified generally to chapter 16 (§ 701 et seq.)
of Title 29. For complete classification of this Act to
the Code, see Short Title note set out under section 701
of Title 29 and Tables.
The Genetic Information Nondiscrimination Act of
2008, referred to in subsec. (c)(1), is Pub. L. 110–233, May
21, 2008, 122 Stat. 881. Title II of the Act is classified
generally to chapter 21F (§ 2000ff et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 2000ff of Title 42 and Tables.
AMENDMENTS
2019—Subsec. (a)(12). Pub. L. 116–92 added par. (12).
2018—Subsec. (c). Pub. L. 115–397 added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2019 AMENDMENT
Subsec. (a)(12) of this
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Definitions** — For the purposes of this section, the terms “covered employee” and “Board” shall each have the meaning given such term by section 101 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim)).
(2) **Rights and protections** — The rights and protections established under section 2108, sections 3309 through 3312, and subchapter I of chapter 35, of title 5, shall apply to covered employees.
(3) **Remedies**
(A) *In general* — The remedy for a violation of paragraph (2) shall be such remedy as would be appropriate if awarded under applicable provisions of title 5 in the case of a violation of the relevant corresponding provision (referred to in paragraph (2)) of such title.
(B) *Procedure* — The procedure for consideration of alleged violations of paragraph (2) shall be the same as apply under section 401 of the Congressional Accountability Act of 1995 [[2 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401&num=0&edition=prelim)] (and the provisions of law referred to therein) in the case of an alleged violation of part A of title II of such Act [[2 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) et seq.].
(4) **Regulations to implement section**
(A) *In general* — The Board shall, pursuant to section 304 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1384](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim)), issue regulations to implement this section.
(B) *Agency regulations* — The regulations issued under subparagraph (A) shall be the same as the most relevan
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Attorney’s fees** If a covered employee, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under [section 1331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1331&num=0&edition=prelim), is a prevailing party in any proceeding under section 1405, 1406, 1407, or 1408 of this title, the hearing officer, Board, or court, as the case may be, may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under [section 2000e–5(k) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–5/k&num=0&edition=prelim).
**(b) Interest** In any proceeding under section 1405, 1406, 1407, or 1408 of this title, the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under [section 2000e–16(d) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/d&num=0&edition=prelim).
**(c) Civil penalties and punitive damages** No civil penalty or punitive damages may be awarded with respect to any claim under this chapter.
**(d) Exclusive procedure**
(1) **In general** — Except as provided in paragraph (2), no person may commence an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this chapter except as provided in this chapter.
(2) **Veterans** — A covered employee under [section 1316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1316&num=0&edition=prelim) may also utilize any provisions of chapter 43 of title 38 that are applicable to that employee.
**(e) Construction**
(1) **Definitions and exemptions** — Except where inc
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Page 322
TITLE 2—THE CONGRESS
§ 1361
fice of the Majority Leader of the Senate,
the Office of the Minority Leader of the Sen-
ate, the Office of the Majority Whip of the
Senate, the Office of the Minority Whip of
the Senate, the Conference of the Majority
of the Senate, the Conference of the Minor-
ity of the Senate, the Office of the Secretary
of the Conference of the Majority of the Sen-
ate, the Office of the Secretary of the Con-
ference of the Minority of the Senate, the
Office of the Secretary for the Majority of
the Senate, the Office of the Secretary for
the Minority of the Senate, the Majority
Policy Committee of the Senate, the Minor-
ity Policy Committee of the Senate, and the
following offices within the Office of the
Secretary of the Senate: Offices of the Par-
liamentarian, Bill Clerk, Legislative Clerk,
Journal Clerk, Executive Clerk, Enrolling
Clerk, Official Reporters of Debate, Daily
Digest, Printing Services, Captioning Serv-
ices, and Senate Chief Counsel for Employ-
ment;
(D) the Office of the Speaker of the House
of Representatives, the Office of the Major-
ity Leader of the House of Representatives,
the Office of the Minority Leader of the
House of Representatives, the Offices of the
Chief Deputy Majority Whips, the Offices of
the Chief Deputy Minority Whips and the
following offices within the Office of the
Clerk of the House of Representatives: Of-
fices of Legislative Operations, Official Re-
porters of Debate, Official Reporters to Com-
mittees, Printing Services, and Legislative
Information;
(E) the Office of the Legislative Counsel of
the Senate, the Office of the Senate Legal
Counsel, the Office of the Legislative Coun-
sel of the House of Representatives, the Of-
fice of the General Counsel of the House of
Repres
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 1361
Stored review status: historical_2024_not_currentness_verified. The source passage cites 2 U.S.C. § 1361. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations**
(1) **In general** — The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under subchapter II (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section.
(2) **Rulemaking procedure** — Such regulations of the Board—
(A) shall be adopted, approved, and issued in accordance with subsection (b); and
(B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to—
(i) the Senate and employees of the Senate;
(ii) the House of Representatives and employees of the House of Representatives; and
(iii) all other covered employees and employing offices.
**(b) Adoption by Board** The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) and as provided in the following provisions of this subsection:
(1) **Proposal** — The Board shall publish a general notice of proposed rulemaking under [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommendations of th
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1384
Stored review status: release_metadata_unconfirmed. The source passage cites 2 U.S.C. § 1384. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 332
TITLE 2—THE CONGRESS
§ 1384
on which both Houses are in session following
such transmittal. Before adopting rules, the Ex-
ecutive Director shall provide a comment period
of at least 30 days after publication of a general
notice of proposed rulemaking. Upon adopting
rules, the Executive Director shall transmit no-
tice of such action together with a copy of such
rules to the Speaker of the House of Representa-
tives and the President pro tempore of the Sen-
ate for publication in the Congressional Record
on the first day on which both Houses are in ses-
sion following such transmittal. Rules shall be
considered issued by the Executive Director as
of the date on which they are published in the
Congressional Record.
(Pub. L. 104–1, title III, § 303, Jan. 23, 1995, 109
Stat. 28.)
§ 1384. Substantive regulations
(a) Regulations
(1) In general
The procedures applicable to the regulations
of the Board issued for the implementation of
this chapter, which shall include regulations
the Board is required to issue under sub-
chapter II (including regulations on the appro-
priate application of exemptions under the
laws made applicable in subchapter II) are as
prescribed in this section.
(2) Rulemaking procedure
Such regulations of the Board—
(A) shall be adopted, approved, and issued
in accordance with subsection (b); and
(B) shall consist of 3 separate bodies of
regulations, which shall apply, respectively,
to—
(i) the Senate and employees of the Sen-
ate;
(ii) the House of Representatives and em-
ployees of the House of Representatives;
and
(iii) all other covered employees and em-
ploying offices.
(b) Adoption by Board
The Board shall adopt the regulations referred
to in subsection (a)(1) in accordance with the
principles and procedures
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 1384
Stored review status: historical_2024_not_currentness_verified. The source passage cites 2 U.S.C. § 1384. This identifies an authority to review, not proof of applicability.
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
Stored review status: release_metadata_unconfirmed. The source passage cites 2 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.