2 U.S.C. § 1371 — Study and recommendations regarding

Page 323 TITLE 2—THE CONGRESS § 1371 (2) Veterans A covered employee under section 1316 of this title 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 inconsistent with definitions and exemptions provided in this chapter, the definitions and exemptions in the laws made applicable by this chapter shall apply under this chapter. (2) Size limitations Notwithstanding paragraph (1), provisions in the laws made applicable under this chapter (other than the Worker Adjustment and Re- training Notification Act [29 U.S.C. 2101 et seq.]) determining coverage based on size, whether expressed in terms of numbers of em- ployees, amount of business transacted, or other measure, shall not apply in determining coverage under this chapter. (3) Executive branch enforcement This chapter shall not be construed to au- thorize enforcement by the executive branch of this chapter. (Pub. L. 104–1, title II, § 225, Jan. 23, 1995, 109 Stat. 22; Pub. L. 115–397, title I, § 101(d), Dec. 21, 2018, 132 Stat. 5301.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (c), (d)(1), and (e), was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified prin- cipally 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. The Worker Adjustment and Retraining Notification Act, referred to in subsec. (e)(2), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§ 2101 et seq.) of Title 29, Labor. For com- plete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Ta- bles. AMENDMENTS 2018—Subsecs. (e), (f). Pub. L. 115–397 redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: ‘‘Only a covered employee who has undertaken and completed the procedures described in sections 1402 and 1403 of this title may be granted a remedy under part A of this subchapter.’’ 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. § 1362. Notices (a) In general Every employing office shall post and keep posted (in conspicuous places upon its premises where notices to covered employees are custom- arily posted) a notice provided by the Office that— (1) describes the rights, protections, and pro- cedures applicable to covered employees of the employing office under this chapter, con- cerning violations described in subsection (b); and (2) includes contact information for the Of- fice. (b) Violations A violation described in this subsection is— (1) discrimination prohibited by section 1311(a) of this title (including, in accordance with section 1302(c) of this title, discrimina- tion prohibited by title II of the Genetic Infor- mation Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.)) or 1316(a) of this title; and (2) a violation of section 1317 of this title that is related to discrimination described in paragraph (1). (Pub. L. 104–1, title II, § 226, as added Pub. L. 115–397, title III, § 304(a), Dec. 21, 2018, 132 Stat. 5322.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(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. The Genetic Information Nondiscrimination Act of 2008, referred to in subsec. (b)(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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon expiration of the 180-day pe- riod beginning on Dec. 21, 2018, with provisions for ef- fect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title. PART F—STUDY § 1371. Study and recommendations regarding General Accounting Office, Government Printing Office, and Library of Congress (a) In general The Board shall undertake a study of— (1) the application of the laws listed in sub- section (b) to— (A) the General Accounting Office; (B) the Government Printing Office; and (C) the Library of Congress; and (2) the regulations and procedures used by the entities referred to in paragraph (1) to apply and enforce such laws to themselves and their employees. (b) Applicable statutes The study under this section shall consider the application of the following laws: Page 324 TITLE 2—THE CONGRESS § 1371 (1) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), and related provisions of section 2302 of title 5. (2) The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), and related provisions of section 2302 of title 5. (3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and related provi- sions of section 2302 of title 5. (4) The Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.), and related provi- sions of sections 6381 through 6387 of title 5. (5) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), and related provisions of sections 5541 through 5550a of title 5. (6) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), and related provi- sions of section 7902 of title 5. (7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (8) Chapter 71 (relating to Federal service labor-management relations) of title 5. (9) The General Accounting Office Personnel Act of 1980 (31 U.S.C. 731 et seq.). (10) The Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.). (11) The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.). (12) Chapter 43 (relating to veterans’ employ- ment and reemployment) of title 38. (c) Contents of study and recommendations The study under this section shall evaluate whether the rights, protections, and procedures, including administrative and judicial relief, ap- plicable to the entities listed in paragraph (1) of subsection (a) and their employees are com- prehensive and effective and shall include rec- ommendations for any improvements in regula- tions or legislation, including proposed regu- latory or legislative language. (d) Deadline and delivery of study Not later than December 31, 1996— (1) the Board shall prepare and complete the study and recommendations required under this section; and (2) the Board shall transmit such study and recommendations (with the Board’s com- ments) to the head of each entity considered in the study, and to the Congress by delivery to the Speaker of the House of Representa- tives and President pro tempore of the Senate for referral to the appropriate committees of the House of Representatives and of the Sen- ate. (Pub. L. 104–1, title II, § 230, Jan. 23, 1995, 109 Stat. 23; Pub. L. 104–53, title III, § 309(a), (b), Nov. 19, 1995, 109 Stat. 538.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (b)(1), is Pub. L. 88–352, July 2, 1964, 78 Stat. 252. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2000a of Title 42 and Tables. The Age Discrimination in Employment Act of 1967, referred to in subsec. (b)(2), is Pub. L. 90–202, Dec. 15, 1967, 81 Stat. 602, which is classified generally to chap- ter 14 (§ 621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (b)(3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Family and Medical Leave Act of 1993, referred to in subsec. (b)(4), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, which enacted sections 60m and 60n of this title, sec- tions 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§ 2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables. The Fair Labor Standards Act of 1938, referred to in subsec. (b)(5), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. The Occupational Safety and Health Act of 1970, re- ferred to in subsec. (b)(6), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 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 Rehabilitation Act of 1973, referred to in subsec. (b)(7), 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 General Accounting Office Personnel Act of 1980, referred to in subsec. (b)(9), is Pub. L. 96–191, Feb. 15, 1980, 94 Stat. 27, which was classified principally to sec- tion 52–1 et seq. of former Title 31, Money and Finance, and which was substantially repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof principally in subchapters III (§ 731 et seq.) and IV (§ 751 et seq.) of chapter 7 of Title 31, Money and Finance. The Employee Polygraph Protection Act of 1988, re- ferred to in subsec. (b)(10), 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, Labor. For complete classification 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. (b)(11), 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 classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables. AMENDMENTS 1995—Subsec. (a). Pub. L. 104–53, § 309(a), substituted ‘‘Board’’ for ‘‘Administrative Conference of the United States’’ in introductory provisions. Subsec. (d)(1). Pub. L. 104–53, § 309(b), substituted ‘‘Board’’ for ‘‘Administrative Conference of the United States’’ and struck out ‘‘and shall submit the study and recommendations to the Board’’ before semicolon. Statutory Notes and Related Subsidiaries CHANGE OF NAME General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance. Government Printing Office redesignated Govern- ment Publishing Office. See section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. Page 325 TITLE 2—THE CONGRESS § 1381 1 See References in Text note below. 2 See Change of Name note below. EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104–53, title III, § 309(c), Nov. 19, 1995, 109 Stat. 538, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall take effect only if the Administrative Conference of the United States ceases to exist prior to the completion and submission of the study to the Board as required by section 230 of the Congressional Accountability Act of 1995 (2 U.S.C. 1371). [See provision of title IV of Pub. L. 104–52, set out as a note preceding section 591 of Title 5, Government Organization and Employees.]’’ SUBCHAPTER III—OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS Editorial Notes CODIFICATION Pub. L. 115–397, title III, § 308(b)(11), Dec. 21, 2018, 132 Stat. 5326, substituted ‘‘OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS’’ for ‘‘OFFICE OF COMPLI- ANCE’’ in subchapter heading. § 1381. Establishment of Office of Congressional Workplace Rights (a) Establishment There is established, as an independent office within the legislative branch of the Federal Government, the Office of Congressional Work- place 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 Rep- resentatives, the Majority Leader of the Senate, and the Minority Leaders of the House of Rep- resentatives and the Senate, who are authorized to take such steps as they consider appropriate to ensure the timely appointment of the mem- bers of the Board consistent with the require- ments 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. (2) Disqualifications for appointments (A) Lobbying No individual who engages in, or is other- wise employed in, lobbying of the Congress and who is required under the Federal Regu- lation of Lobbying Act 1 to register with the Clerk of the House of Representatives or the Secretary of the Senate shall be eligible for appointment to, or service on, the Board. (B) Incompatible office No member of the Board appointed under subsection (b) may hold or may have held the position of Member of the House of Rep- resentatives or Senator, may hold the posi- tion of officer or employee of the House of Representatives, Senate, or instrumentality or other entity of the legislative branch (other than the Office), or may have held such a position (other than the position of an officer or employee of the General Ac- counting Office Personnel Appeals Board,2 an officer or employee of the Office of Fair Employment Practices of the House of Rep- resentatives, or officer or employee of the Office of Senate Fair Employment Prac- tices) within 4 years of the date of appoint- ment. (3) Vacancies A vacancy on the Board shall be filled in the manner in which the original appointment was made. (e) Term of office (1) In general Except as provided in paragraph (2), mem- bership on the Board shall be for 5 years. A member of the Board may be reappointed, but no individual may serve as a member for more than 2 terms. (2) First appointments Of the members first appointed to the Board— (A) 1 shall have a term of office of 3 years, (B) 2 shall have a term of office of 4 years, and (C) 2 shall have a term of office of 5 years, 1 of whom shall be the Chair, as designated at the time of appointment by the persons specified in subsection (b). (3) Permitting service until appointment of successor A member of the Board may serve after the expiration of that member’s term until a suc- cessor has taken office. (f) Removal (1) Authority Any member of the Board may be removed from office by a majority decision of the ap- pointing authorities described in subsection (b), but only for— (A) disability that substantially prevents the member from carrying out the duties of the member, (B) incompetence, (C) neglect of duty, (D) malfeasance, including a felony or con- duct involving moral turpitude, or (E) holding an office or employment or en- gaging in an activity that disqualifies the individual from service as a member of the Board under subsection (d)(2). (2) Statement of reasons for removal In removing a member of the Board, the Speaker of the House of Representatives and