2 USC 1384 - Substantive regulations

Collapse to view only § 1384. Substantive regulations

§ 1381. Establishment of Office of Congressional Workplace Rights
§ 1382. Officers, staff, and other personnel
§ 1383. Procedural rules
§ 1384. Substantive regulations
§ 1385. Expenses
§ 1386. Disposition of surplus or obsolete personal property
§ 1387. Semiannual report of disbursements
§ 1388. Workplace climate surveys of employing offices

§ 1381. Establishment of Office of Congressional Workplace Rights

(a) Establishment

(b) Board of Directors

(d) Board of Directors qualifications

(1) Specific qualifications

(2) Disqualifications for appointments

(A) Lobbying

(B) Incompatible office

(3) Vacancies

(e) Term of office

(1) In general

(2) First appointmentsOf 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

as designated at the time of appointment by the persons specified in subsection (b).

(3) Permitting service until appointment of successor

(f) Removal

(1) AuthorityAny member of the Board may be removed from office by a majority decision of the appointing 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,

(D) malfeasance, including a felony or conduct involving moral turpitude, or

(E) holding an office or employment or engaging 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

(g) Compensation

(1) Per diem

(A) Rate of compensation for each dayEach member of the Board shall be compensated, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board, at a rate equal to the daily equivalent of the lesser of—

(i) the highest annual rate of compensation of any officer of the Senate; or

(ii) the highest annual rate of compensation of any officer of the House of Representatives.

(B) Authority to prorate

(2) Travel expenses

(h) DutiesThe Office shall—

(1) carry out a program of education for Members of Congress and other employing authorities of the legislative branch of the Federal Government respecting the laws made applicable to them and a program to inform individuals of their rights under laws applicable to the legislative branch of the Federal Government;

(2) in carrying out the program under paragraph (1), distribute the telephone number and address of the Office, procedures for action under subchapter IV, and any other information appropriate for distribution, distribute such information to employing offices in a manner suitable for posting, provide such information to new employees of employing offices, distribute such information to covered employees by the end of each fiscal year, and conduct seminars and other activities designed to educate employing offices and covered employees; and

(3) compile and publish statistics on the use of the Office by covered employees, including the number and type of contacts made with the Office, on the reason for such contacts, on the number of covered employees who initiated proceedings with the Office under this chapter and the result of such proceedings, and on the number of covered employees who filed a claim, the basis for the claim, and the action taken on the claim.

(i) Congressional oversight

(j) Opening of Office

(k) Financial disclosure reports

(l) Annual reports on awards and settlements

(1) In generalSubject to the rules issued by the applicable committee pursuant to paragraph (2):

(A) Requirement

(B) ReportingThe reporting required under this paragraph shall—

(i) for a covered payment, or the reimbursable portion of a covered payment, described in paragraph (2), conform to the requirements of the rules issued by the applicable committee under such paragraph; and

(ii) for a covered payment, or the portion of a covered payment, not described in paragraph (2)—(I) include the amount of the covered payment or portion of the covered payment and information on the employing office involved; and(II) identify each provision of part A of subchapter II that was the subject of a claim resulting in the covered payment or portion of the covered payment.

(i) for 2019, shall be submitted by the 60th day after the date on which the committees described in paragraph (2) issue the rules described in paragraph (2) and shall reflect covered payments made in calendar year 2019; and

(ii) for 2020 and each subsequent calendar year, shall be submitted by January 31 of that year and shall reflect covered payments made in the previous calendar year.

(2) Rules regarding reporting of covered payments for employing offices of the House and employing offices of the Senate

(A) In generalNot later than 180 days after December 21, 2018, the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate shall each issue rules establishing the span, format, and other requirements for the reporting required under paragraph (1)(B)(i) with respect to—

(i) any covered payment made for claims involving an employing office described in any of subparagraphs (A) through (C) of section 1301(a)(9) of this title of the House of Representatives or of the Senate, respectively; and

(ii) the reimbursable portion of any such covered payment for which there is a finding requiring reimbursement under section 1415(d)(1)(B) of this title from a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, respectively.

(B) ApplicabilityThe rules issued under subparagraph (A)—

(i) by the Committee on House Administration of the House of Representatives shall apply to covered payments made for claims involving employing offices described in subparagraph (A)(i) of the House; and

(ii) by the Committee on Rules and Administration of the Senate shall apply to covered payments made for claims involving employing offices described in subparagraph (A)(i) of the Senate.

(3) Protection of identity of individuals receiving awards and settlements

(4) Authority to protect the identity of a claimant

(A) In general

(B) Recordkeeping

(5) Definition

(m) Record retention

(Pub. L. 104–1, title III, § 301, Jan. 23, 1995, 109 Stat. 24; Pub. L. 108–349, § 1(a), Oct. 21, 2004, 118 Stat. 1389; Pub. L. 110–161, div. H, title I, § 1101(a), Dec. 26, 2007, 121 Stat. 2237; Pub. L. 110–164, § 1, Dec. 26, 2007, 121 Stat. 2459; Pub. L. 113–235, div. H, title I, § 1001, Dec. 16, 2014, 128 Stat. 2530; Pub. L. 115–19, § 1(c), (d), Apr. 3, 2017, 131 Stat. 85; Pub. L. 115–397, title II, §§ 201(a)(1), 203, title III, § 308(a), Dec. 21, 2018, 132 Stat. 5315, 5318, 5325; Pub. L. 117–286, § 4(c)(2), Dec. 27, 2022, 136 Stat. 4353.)

§ 1382. Officers, staff, and other personnel

(a) Executive Director

(1) Appointment and removal

(A) In general

(B) Qualifications

(2) Compensation

(A) Authority to fix compensation

(B) Limitation

(3) Term

(4) Duties

(b) Deputy Executive Directors

(1) In general

(2) Term

(3) Compensation

(A) Authority to fix compensation

(B) LimitationThe rate of pay for a Deputy Executive Director may not exceed 96 percent of the lesser of—

(i) the highest annual rate of compensation of any officer of the Senate; or

(ii) the highest annual rate of compensation of any officer of the House of Representatives.

(4) Duties

(1) In general

(2) Compensation

(A) Authority to fix compensation

(B) LimitationThe rate of pay for the General Counsel may not exceed the lesser of—

(i) the highest annual rate of compensation of any officer of the Senate; or

(ii) the highest annual rate of compensation of any officer of the House of Representatives.

(3) DutiesThe General Counsel shall—

(A) exercise the authorities and perform the duties of the General Counsel as specified in this chapter; and

(B) otherwise assist the Board and the Executive Director in carrying out their duties and powers, including representing the Office in any judicial proceeding under this chapter.

(4) Attorneys in the office of the General Counsel

(5) Term

(6) Removal

(A) AuthorityThe General Counsel may be removed from office by the Chair but only for—

(i) disability that substantially prevents the General Counsel from carrying out the duties of the General Counsel,

(ii) incompetence,

(iii) neglect of duty,

(iv) malfeasance, including a felony or conduct involving moral turpitude, or

(v) holding an office or employment or engaging in an activity that disqualifies the individual from service as the General Counsel under paragraph (1).

(B) Statement of reasons for removal

(d) Confidential advisors

(1) In generalThe Executive Director shall—

(A) appoint, and fix the compensation of, and may remove, 1 or more confidential advisors to carry out the duties described in this subsection; or

(B) designate 1 or more employees of the Office to serve as a confidential advisor.

(2) Duties

(A) Voluntary services

(B) ServicesThe services referred to in subparagraph (A) are—

(i) informing, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of part A of subchapter II about the employee’s rights under this chapter;

(ii) consulting, on a privileged and confidential basis, with a covered employee who has been subject to a practice that may be a violation of part A of subchapter II regarding—(I) the roles, responsibilities, and authority of the Office; and(II) the relative merits of securing private counsel, designating a non-attorney representative, or proceeding without representation for proceedings before the Office;

(iii) advising and consulting with, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of part A of subchapter II regarding any claims the covered employee may have under subchapter IV, the factual allegations that support each such claim, and the relative merits of the procedural options available to the employee for each such claim;

(iv) assisting, on a privileged and confidential basis, a covered employee who seeks consideration under title IV of an allegation of a violation of part A of subchapter II in understanding the procedures, and the significance of the procedures, described in subchapter IV, including—(I) assisting or consulting with the covered employee regarding the drafting of a claim to be filed under section 1402(a) of this title; and(II) consulting with the covered employee regarding the procedural options available to the covered employee after a claim is filed, and the relative merits of each option; and

(v) informing, on a privileged and confidential basis, a covered employee who has been subject to a practice that may be a violation of part A of subchapter II about the option of pursuing, in appropriate circumstances, a complaint with the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate.

(3) QualificationsA confidential advisor appointed or designated under paragraph (1) shall be a lawyer who—

(A) is admitted to practice before, and is in good standing with, the bar of a State of the United States, the District of Columbia, or a territory of the United States; and

(B) has experience representing clients in cases involving the workplace laws incorporated by part A of subchapter II.

(4) Individuals coveredThe services described in paragraph (2) are available to any covered employee (which, for purposes of this subsection, shall include any staff member described in section 1311(d) of this title and any former covered employee (including any such former staff member)), except that—

(A) a former covered employee may only request such services if the practice that may be a violation of part A of subchapter II occurred during the employment or service of the employee; and

(B) a covered employee described in this paragraph may only request such services before the expiration of the 180-day period described in section 1402(d) of this title.

(5) RestrictionsA confidential advisor appointed or designated under paragraph (1)—

(A) shall not act as the designated representative for any covered employee in connection with the covered employee’s participation in any proceeding, including any proceeding under this chapter, any judicial proceeding, or any proceeding before any committee of Congress;

(B) shall not offer or provide services described in paragraph (2)(B) to a covered employee if the covered employee has designated an attorney representative in connection with the covered employee’s participation in any proceeding under this chapter, except that a confidential advisor may provide general assistance and information to such attorney representative regarding this chapter and the role of the Office as the confidential advisor determines appropriate; and

(e) Other staff

(f) Detailed personnel

(g) Consultants

(Pub. L. 104–1, title III, § 302, Jan. 23, 1995, 109 Stat. 26; Pub. L. 110–161, div. H, title I, § 1101(b), Dec. 26, 2007, 121 Stat. 2237; Pub. L. 110–164, § 2(a), Dec. 26, 2007, 121 Stat. 2459; Pub. L. 115–397, title II, § 204, Dec. 21, 2018, 132 Stat. 5318; Pub. L. 116–94, div. E, title II, § 212(a)(3)(C), Dec. 20, 2019, 133 Stat. 2775.)

§ 1383. Procedural rules

(a) In general

(b) Procedure

(Pub. L. 104–1, title III, § 303, Jan. 23, 1995, 109 Stat. 28.)

§ 1384. Substantive regulations

(a) Regulations

(1) In general

(2) Rulemaking procedureSuch 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 BoardThe 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 and as provided in the following provisions of this subsection:

(1) Proposal

(2) Comment

(3) Adoption

(4) Recommendation as to method of approval

(1) In general

(2) Referral

(3) Joint referral and discharge in the Senate

(4) One-House resolution or concurrent resolution

(5) Joint resolution

(d) Issuance and effective date

(1) Publication

(2) Date of issuance

(3) Effective date

(e) Amendment of regulations

(f) Right to petition for rulemaking

(g) ConsultationThe Executive Director, the Deputy Directors, and the Board—

(1) shall consult, with regard to the development of regulations, with—

(A) the Chair of the Administrative Conference of the United States;

(B) the Secretary of Labor;

(D) the Director of the Office of Personnel Management; and

(2) may consult with any other persons with whom consultation, in the opinion of the Board, the Executive Director, or Deputy Directors, may be helpful.

(Pub. L. 104–1, title III, § 304, Jan. 23, 1995, 109 Stat. 29; Pub. L. 115–397, title III, § 308(b)(12), (13), Dec. 21, 2018, 132 Stat. 5326.)

§ 1385. Expenses

(a) Authorization of appropriations

Beginning in fiscal year 1995, and for each fiscal year thereafter, there are authorized to be appropriated for the expenses of the Office such sums as may be necessary to carry out the functions of the Office. Until sums are first appropriated pursuant to the preceding sentence, but for a period not exceeding 12 months following January 23, 1995—

(1) one-half of the expenses of the Office shall be paid from funds appropriated for allowances and expenses of the House of Representatives, and

(2) one-half of the expenses of the Office shall be paid from funds appropriated for allowances and expenses of the Senate,

upon vouchers approved by the Executive Director, except that a voucher shall not be required for the disbursement of salaries of employees who are paid at an annual rate. The Clerk of the House of Representatives and the Secretary of the Senate are authorized to make arrangements for the division of expenses under this subsection, including arrangements for one House of Congress to reimburse the other House of Congress.

(b) Financial and administrative services

(Pub. L. 104–1, title III, § 305, Jan. 23, 1995, 109 Stat. 31.)

§ 1386. Disposition of surplus or obsolete personal property

The Executive Director may, within the limits of available appropriations, dispose of surplus or obsolete personal property by interagency transfer, donation, or discarding.

(Pub. L. 104–1, title III, § 306, as added Pub. L. 111–68, div. A, title I, § 1101(a), Oct. 1, 2009, 123 Stat. 2031.)

§ 1387. Semiannual report of disbursements

(a) Reports required

(b) Contents

(1) In general

The report required by subsection (a) shall include—

(A) the identification of each person who receives a payment from the Office of Compliance,1 except that in the case of an individual, the identification shall be provided in a manner that does not identify the individual by name;

(B) the quantity and price of any item furnished to the Office of Compliance; 1

(C) a description of any service rendered to the Office of Compliance,1 together with a statement of the time required for the service, and the name, title, and amount paid to each person who renders the service;

(D) a statement of all amounts appropriated to, or received or expended by, the Office of Compliance 1 and any unexpended balances of such amounts; and

(E) such additional information as may be required by regulation of the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, or the Committees on Appropriations of the House of Representatives or Senate.

(2) Exception for confidential information

(Pub. L. 113–76, div. I, title I, § 1102, Jan. 17, 2014, 128 Stat. 425.)

§ 1388. Workplace climate surveys of employing offices

(a) Requirement to conduct secure surveys

(b) Special inclusion of information on sexual harassment

(1) In general

(2) Confidentiality

(3) Survey form

(d) Use of results of surveys

(e) Consultation with committees

(Pub. L. 104–1, title III, § 307, as added Pub. L. 115–397, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5317.)