2 U.S.C. § 1351 — Application of chapter 71 of title 5 relat-

Page 320 TITLE 2—THE CONGRESS § 1351 (A) to the Speaker of the House of Rep- resentatives, the President pro tempore of the Senate, and the Office of the Architect of the Capitol or other employing office re- sponsible for correcting the violation of this section uncovered by such inspection, and (B) containing the results of the periodic inspection, identifying the employing office responsible for correcting the violation of this section uncovered by such inspection, describing any steps necessary to correct any violation of this section, and assessing any risks to employee health and safety as- sociated with any violation. (3) Action after report If a report identifies any violation of this section, the General Counsel shall issue a cita- tion or notice in accordance with subsection (c)(2)(A). (4) Detailed personnel The Secretary of Labor may, on request of the Executive Director, detail to the Office such personnel as may be necessary to advise and assist the Office in carrying out its duties under this section. (f) Initial period for study and corrective action The period from January 23, 1995, until Decem- ber 31, 1996, shall be available to the Office of the Architect of the Capitol and other employ- ing offices to identify any violations of sub- section (a), to determine the costs of compli- ance, and to take any necessary corrective ac- tion to abate any violations. The Office shall as- sist the Office of the Architect of the Capitol and other employing offices by arranging for in- spections and other technical assistance at their request. Prior to July 1, 1996, the General Coun- sel shall conduct a thorough inspection under subsection (e)(1) and shall submit the report under subsection (e)(2) for the One Hundred Fourth Congress. (g) Effective date (1) In general Except as provided in paragraph (2), sub- sections (a), (b), (c), and (e)(3) shall be effec- tive on January 1, 1997. (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, § 215, Jan. 23, 1995, 109 Stat. 16; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–437, title IV, § 422(b)(4), Oct. 20, 2008, 122 Stat. 4996; Pub. L. 115–141, div. I, title I, § 153(a)(2)(D), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, § 308(b)(9), Dec. 21, 2018, 132 Stat. 5326.) Editorial Notes REFERENCES IN TEXT The Occupational Safety and Health Act of 1970, re- ferred to in subsec. (a)(2), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classi- fication of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. AMENDMENTS 2018—Subsec. (a)(2)(C). Pub. L. 115–141, § 153(a)(2)(D)(i), struck out ‘‘, the Library of Congress,’’ after ‘‘the Gov- ernment Accountability Office’’. Subsec. (a)(2)(D). Pub. L. 115–141, § 153(a)(2)(D)(ii), struck out ‘‘and the Library of Congress’’ after ‘‘the Government Accountability Office’’. Subsec. (e)(1). Pub. L. 115–397 substituted ‘‘Office of Congressional Workplace Rights’’ for ‘‘Office of Compli- ance’’. 2008—Subsec. (e)(1). Pub. L. 110–437 substituted ‘‘the Office of Congressional Accessibility Services,’’ for ‘‘the Capitol Guide Service,’’. 2004—Subsecs. (a)(2)(C), (D), (e)(1) . Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting Office’’. Subsec. (g)(2). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’ in heading and text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–437 effective first day of first pay period (applicable to employees transferred under section 2241 of this title) on or after 30 days after Oct. 20, 2008, see section 422(d) of Pub. L. 110–437, set out as a note under section 1301 of this title. PART D—LABOR-MANAGEMENT RELATIONS § 1351. Application of chapter 71 of title 5 relat- ing to Federal service labor-management re- lations; procedures for remedy of violations (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 para- graph (1), the term ‘‘agency’’ shall be deemed to include an employing office. (3) Definitions For purposes of this section, the term ‘‘cov- ered employee’’ does not include an employee of the Library of Congress, and the term ‘‘em- ploying 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, as would be appro- priate if awarded by the Federal Labor Rela- tions Authority to remedy a violation of any provision made applicable by subsection (a). Page 321 TITLE 2—THE CONGRESS § 1351 (c) Authorities and procedures for implementa- tion 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. For purposes of this section, any peti- tion or other submission that, under chapter 71 of title 5, would be submitted to the Federal Labor Relations Authority shall, if brought under this section, be submitted to the Board. The Board shall refer any matter under this paragraph to a hearing officer for decision pur- suant to subsections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title. The Board may direct that the General Coun- sel carry out the Board’s investigative au- thorities under this paragraph. (2) General authorities of the General Counsel; charges of unfair labor practice For purposes of this section and except as otherwise provided in this section, the General Counsel shall exercise the authorities of the General Counsel of the Federal Labor Rela- tions Authority under sections 7104 and 7118 of title 5. For purposes of this section, any charge or other submission that, under chap- ter 71 of title 5, would be submitted to the General Counsel of the Federal Labor Rela- tions Authority shall, if brought under this section, be submitted to the General Counsel. If any person charges an employing office or a labor organization with having engaged in or engaging in an unfair labor practice and makes such charge within 180 days of the oc- currence of the alleged unfair labor practice, the General Counsel shall investigate the charge and may file a complaint with the Of- fice. The complaint shall be submitted to a hearing officer for decision pursuant to sub- sections (b) through (h) of section 1405 of this title, subject to review by the Board pursuant to section 1406 of this title. (3) Judicial review Except for matters referred to in paragraphs (1) and (2) of section 7123(a) of title 5, the Gen- eral Counsel or the respondent to the com- plaint, if aggrieved by a final decision of the Board under paragraph (1) or (2) of this sub- section, may file a petition for judicial review in the United States Court of Appeals for the Federal Circuit pursuant to section 1407 of this title. (4) Exercise of impasses panel authority; re- quests For purposes of this section and except as otherwise provided in this section, the Board shall exercise the authorities of the Federal Service Impasses Panel under section 7119 of title 5. For purposes of this section, any re- quest that, under chapter 71 of title 5, would be presented to the Federal Service Impasses Panel shall, if made under this section, be pre- sented to the Board. At the request of the Board, the Executive Director shall appoint a mediator or mediators to perform the func- tions of the Federal Service Impasses Panel under section 7119 of title 5. (d) 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 Except as provided in subsection (e), the reg- ulations issued under paragraph (1) shall be the same as substantive regulations promul- gated by the Federal Labor Relations Author- ity to implement the statutory provisions re- ferred to in subsection (a) except— (A) to the extent that the Board may de- termine, for good cause shown and stated to- gether with the regulation, that a modifica- tion of such regulations would be more effec- tive for the implementation of the rights and protections under this section; or (B) as the Board deems necessary to avoid a conflict of interest or appearance of a con- flict of interest. (e) Specific regulations regarding application to certain offices of Congress (1) Regulations required The Board shall issue regulations pursuant to section 1384 of this title on the manner and extent to which the requirements and exemp- tions of chapter 71 of title 5 should apply to covered employees who are employed in the of- fices listed in paragraph (2). The regulations shall, to the greatest extent practicable, be consistent with the provisions and purposes of chapter 71 of title 5 and of this chapter, and shall be the same as substantive regulations issued by the Federal Labor Relations Author- ity under chapter 71 of title 5, except— (A) to the extent that the Board may de- termine, for good cause shown and stated to- gether with the regulation, that a modifica- tion of such regulations would be more effec- tive for the implementation of the rights and protections under this section; and (B) that the Board shall exclude from cov- erage under this section any covered em- ployees who are employed in offices listed in paragraph (2) if the Board determines that such exclusion is required because of— (i) a conflict of interest or appearance of a conflict of interest; or (ii) Congress’ constitutional responsibil- ities. (2) Offices referred to The offices referred to in paragraph (1) in- clude— (A) the personal office of any Member of the House of Representatives or of any Sen- ator; (B) a standing, select, special, permanent, temporary, or other committee of the Sen- ate or House of Representatives, or a joint committee of Congress; (C) the Office of the Vice President (as President of the Senate), the Office of the President pro tempore of the Senate, the Of- 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 Representatives, the Office of the Parlia- mentarian of the House of Representatives, and the Office of the Law Revision Counsel; (F) the offices of any caucus or party orga- nization; (G) the Congressional Budget Office, the Office of Technology Assessment, and the Office of Congressional Workplace Rights; and (H) such other offices that perform com- parable functions which are identified under regulations of the Board. (f) Effective date (1) In general Except as provided in paragraph (2), sub- sections (a) and (b) shall be effective on Octo- ber 1, 1996. (2) Certain offices With respect to the offices listed in sub- section (e)(2), to the covered employees of such offices, and to representatives of such employ- ees, subsections (a) and (b) shall be effective on the effective date of regulations under sub- section (e). (Pub. L. 104–1, title II, § 220, Jan. 23, 1995, 109 Stat. 19; Pub. L. 115–141, div. I, title I, § 153(a)(1)(C), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, § 308(b)(10), Dec. 21, 2018, 132 Stat. 5326.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e)(1), 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. AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–141, § 153(a)(1)(C)(i), substituted ‘‘Application’’ for ‘‘Definition’’ in heading. Subsec. (a)(3). Pub. L. 115–141, § 153(a)(1)(C)(ii), added par. (3). Subsec. (e)(2)(G). Pub. L. 115–397 substituted ‘‘Office of Congressional Workplace Rights’’ for ‘‘Office of Com- pliance’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title. SENATE DEMOCRATIC LEADERSHIP OFFICES FUNDING AND AUTHORITIES Reference to the Office of the Secretary of the major- ity or minority conference of the Senate, as applicable, that represents the Democratic party deemed to be a reference to the Office of the Assistant Leader of the applicable conference, under certain conditions during the 117th Congress, see section 104 of div. I of Pub. L. 116–260, set out as a note under section 6154 of this title. PART E—GENERAL § 1361. Generally applicable remedies and limita- tions (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, 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. (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. (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 per- son may commence an administrative or judi- cial proceeding to seek a remedy for the rights and protections afforded by this chapter ex- cept as provided in this chapter.