dreamproit/uscode huggingface dataset:
2 U.S.C. § 1402 (THE CONGRESS)
§ 1402. Counseling
(a) In general
To commence a proceeding, a covered employee alleging a violation of a law made applicable under part A of subchapter II of this chapter shall request counseling by the Office. The Office shall provide the employee with all relevant information with respect to the rights of the employee. A request for counseling shall be made not later than 180 days after the date of the alleged violation.
(b) Period of counseling
The period for counseling shall be 30 days unless the employee and the Office agree to reduce the period. The period shall begin on the date the request for counseling is received.
(c) Notification of end of counseling period
The Office shall notify the employee in writing when the counseling period has ended.
(Pub. L. 104–1, title IV, § 402, Jan. 23, 1995, 109 Stat. 32.)
heading: References in Text
text: Part A of subchapter II of this chapter, referred to in subsec. (a), was in the original “part A of title II”, meaning part A (§§ 201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of subchapter II of this chapter. For complete classification of part A to the Code, see Tables.
2 U.S.C. § 1403 (THE CONGRESS)
§ 1403. Mediation
(a) Initiation
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 Office.
(b) Process
Mediation under this section—
(1) may include the Office, the covered employee, the employing office, and one or more individuals appointed by the Executive Director after considering recommendations by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters, and
(2) shall involve meetings with the parties separately or jointly for the purpose of resolving the dispute between the covered employee and the employing office.
(c) Mediation period
The mediation period shall be 30 days beginning 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. The Office shall notify in writing the covered employee and the employing office when the mediation period has ended.
(d) Independence of mediation process
No individual, who is appointed by the Executive Director to mediate, may conduct or aid in a hearing conducted under section 1405 of this title with respect to the same matter or shall be subject to subpoena or any other compulsory process with respect to the same matter.
(Pub. L. 104–1, title IV, § 403, Jan. 23, 1995, 109 Stat. 32.)
2 U.S.C. § 1404 (THE CONGRESS)
§ 1404. Election of proceeding
Not later than 90 days after a covered employee receives notice of the end of the period of mediation, but no sooner than 30 days after receipt of such notification, such covered employee may either—
(1) file a complaint with the Office in accordance with section 1405 of this title, or
(2) file a civil action in accordance with section 1408 of this title in the United States district court for the district in which the employee is employed or for the District of Columbia.
(Pub. L. 104–1, title IV, § 404, Jan. 23, 1995, 109 Stat. 33.)
2 U.S.C. § 1406 (THE CONGRESS)
§ 1406. Appeal to Board
(a) In general
Any party aggrieved by the decision of a hearing officer under section 1405(g) of this title may file a petition for review by the Board not later than 30 days after entry of the decision in the records of the Office.
(b) Parties’ opportunity to submit argument
The parties to the hearing upon which the decision of the hearing officer was made shall have a reasonable opportunity to be heard, through written submission and, in the discretion of the Board, through oral argument.
(c) Standard of review
The Board shall set aside a decision of a hearing officer if the Board determines that the decision was—
(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(d) Record
In making determinations under subsection (c) of this section, the Board shall review the whole record, or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.
(e) Decision
The Board shall issue a written decision setting forth the reasons for its decision. The decision may affirm, reverse, or remand to the hearing officer for further proceedings. A decision that does not require further proceedings before a hearing officer shall be entered in the records of the Office as a final decision.
(Pub. L. 104–1, title IV, § 406, Jan. 23, 1995, 109 Stat. 35.)
2 U.S.C. § 1409 (THE CONGRESS)
§ 1409. Judicial review of regulations
In any proceeding brought under section 1407 or 1408 of this title in which the application of a regulation issued under this chapter is at issue, the court may review the validity of the regulation in accordance with the provisions of subparagraphs (A) through (D) of section 706(2) of title 5, except that with respect to regulations approved by a joint resolution under section 1384(c) of this title, only the provisions of section 706(2)(B) of title 5 shall apply. If the court determines that the regulation is invalid, the court shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regulations issued under this chapter is not subject to judicial review.
(Pub. L. 104–1, title IV, § 409, Jan. 23, 1995, 109 Stat. 37.)
heading: References in Text
text: This chapter, referred to in text, 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.
2 U.S.C. § 1410 (THE CONGRESS)
§ 1410. Other judicial review prohibited
Except as expressly authorized by sections 1407, 1408, and 1409 of this title, the compliance or noncompliance with the provisions of this chapter and any action taken pursuant to this chapter shall not be subject to judicial review.
(Pub. L. 104–1, title IV, § 410, Jan. 23, 1995, 109 Stat. 37.)
heading: References in Text
text: This chapter, referred to in text, 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.
2 U.S.C. § 1411 (THE CONGRESS)
§ 1411. Effect of failure to issue regulations
In any proceeding under section 1405, 1406, 1407, or 1408 of this title, except a proceeding to enforce section 1351 of this title with respect to offices listed under section 1351(e)(2) of this title, if the Board has not issued a regulation on a matter for which this chapter requires a regulation to be issued, the hearing officer, Board, or court, as the case may be, shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provision at issue in the proceeding.
(Pub. L. 104–1, title IV, § 411, Jan. 23, 1995, 109 Stat. 37.)
heading: References in Text
text: This chapter, referred to in text, 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.
2 U.S.C. § 1412 (THE CONGRESS)
§ 1412. Expedited review of certain appeals
(a) In general
An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order of a court upon the constitutionality of any provision of this chapter.
(b) Jurisdiction
The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal referred to in subsection (a) of this section, advance the appeal on the docket, and expedite the appeal to the greatest extent possible.
(Pub. L. 104–1, title IV, § 412, Jan. 23, 1995, 109 Stat. 38.)
heading: References in Text
text: This chapter, referred to in subsec. (a), 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.
2 U.S.C. § 1413 (THE CONGRESS)
§ 1413. Privileges and immunities
The authorization to bring judicial proceedings under sections 1405(f)(3), 1407, and 1408 of this title shall not constitute a waiver of sovereign immunity for any other purpose, or of the privileges of any Senator or Member of the House of Representatives under article I, section 6, clause 1, of the Constitution, or a waiver of any power of either the Senate or the House of Representatives under the Constitution, including under article I, section 5, clause 3, or under the rules of either House relating to records and information within its jurisdiction.
(Pub. L. 104–1, title IV, § 413, Jan. 23, 1995, 109 Stat. 38.)
2 U.S.C. § 1414 (THE CONGRESS)
§ 1414. Settlement of complaints
Any settlement entered into by the parties to a process described in section 1331, 1341, 1351, or 1401 of this title shall be in writing and not become effective unless it is approved by the Executive Director. Nothing in this chapter shall affect the power of the Senate and the House of Representatives, respectively, to establish rules governing the process by which a settlement may be entered into by such House or by any employing office of such House.
(Pub. L. 104–1, title IV, § 414, Jan. 23, 1995, 109 Stat. 38.)
heading: References in Text
text: This chapter, referred to in text, 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.
2 U.S.C. § 1415 (THE CONGRESS)
§ 1415. Payments
(a) Awards and settlements
Except as provided in subsection (c) of this section, only funds which are appropriated to an account of the Office in the Treasury of the United States for the payment of awards and settlements may be used for the payment of awards and settlements under this chapter. There are authorized to be appropriated for such account such sums as may be necessary to pay such awards and settlements. Funds in the account are not available for awards and settlements involving the Government Accountability Office, the Government Printing Office, or the Library of Congress.
(b) Compliance
Except as provided in subsection (c) of this section, there are authorized to be appropriated such sums as may be necessary for administrative, personnel, and similar expenses of employing offices which are needed to comply with this chapter.
(c) OSHA, accommodation, and access requirements
Funds to correct violations of section 1311(a)(3), 1331, or 1341 of this title may be paid only from funds appropriated to the employing office or entity responsible for correcting such violations. There are authorized to be appropriated such sums as may be necessary for such funds.
(Pub. L. 104–1, title IV, § 415, Jan. 23, 1995, 109 Stat. 38; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), 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.
heading: Amendments
text: 2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
2 U.S.C. § 1416 (THE CONGRESS)
§ 1416. Confidentiality
(a) Counseling
All counseling shall be strictly confidential, except that the Office and a covered employee may agree to notify the employing office of the allegations.
(b) Mediation
All mediation shall be strictly confidential.
(c) Hearings and deliberations
Except as provided in subsections (d), (e), and (f) of this section, all proceedings and deliberations of hearing officers and the Board, including any related records, shall be confidential. This subsection shall not apply to proceedings under section 1341 of this title, but shall apply to the deliberations of hearing officers and the Board under that section.
(d) Release of records for judicial action
The records of hearing officers and the Board may be made public if required for the purpose of judicial review under section 1407 of this title.
(e) Access by committees of Congress
At the discretion of the Executive Director, the Executive Director may provide to the Committee on Standards of Official Conduct of the House of Representatives and the Select Committee on Ethics of the Senate access to the records of the hearings and decisions of the hearing officers and the Board, including all written and oral testimony in the possession of the Office. The Executive Director shall not provide such access until the Executive Director has consulted with the individual filing the complaint at issue, and until a final decision has been entered under section 1405(g) or 1406(e) of this title.
(f) Final decisions
A final decision entered under section 1405(g) or 1406(e) of this title shall be made public if it is in favor of the complaining covered employee, or in favor of the charging party under section 1331 of this title, or if the decision reverses a decision of a hearing officer which had been in favor of the covered employee or charging party. The Board may make public any other decision at its discretion.
(Pub. L. 104–1, title IV, § 416, Jan. 23, 1995, 109 Stat. 38.)
heading: Change of Name
text: Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
2 U.S.C. § 1431 (THE CONGRESS)
§ 1431. Exercise of rulemaking powers
The provisions of sections 1302(b)(3) and 1384(c) of this title are enacted—
(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of such House, respectively, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of each House.
(Pub. L. 104–1, title V, § 501, Jan. 23, 1995, 109 Stat. 39.)
2 U.S.C. § 1432 (THE CONGRESS)
§ 1432. Political affiliation and place of residence
(a) In general
It shall not be a violation of any provision of section 1311 of this title to consider the—
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office;
of an employee referred to in subsection (b) of this section with respect to employment decisions.
(b) “Employee” defined
For purposes of subsection (a) of this section, the term “employee” means—
(1) an employee on the staff of the leadership of the House of Representatives or the leadership of the Senate;
(2) an employee on the staff of a committee or subcommittee of—
(A) the House of Representatives;
(B) the Senate; or
(C) a joint committee of the Congress;
(3) an employee on the staff of a Member of the House of Representatives or on the staff of a Senator;
(4) an officer of the House of Representatives or the Senate or a congressional employee who is elected by the House of Representatives or Senate or is appointed by a Member of the House of Representatives or by a Senator (in addition an employee described in paragraph (1), (2), or (3)); or
(5) an applicant for a position that is to be occupied by an individual described in any of paragraphs (1) through (4).
(Pub. L. 104–1, title V, § 502, Jan. 23, 1995, 109 Stat. 39.)
2 U.S.C. § 1433 (THE CONGRESS)
§ 1433. Nondiscrimination rules of House and Senate
The Select Committee on Ethics of the Senate and the Committee on Standards of Official Conduct of the House of Representatives retain full power, in accordance with the authority provided to them by the Senate and the House, with respect to the discipline of Members, officers, and employees for violating rules of the Senate and the House on nondiscrimination in employment.
(Pub. L. 104–1, title V, § 503, Jan. 23, 1995, 109 Stat. 40.)
heading: Change of Name
text: Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
2 U.S.C. § 1436 (THE CONGRESS)
§ 1436. Repealed. Pub. L. 106–57, title III, § 313, Sept. 29, 1999, 113 Stat. 428
text: Section, Pub. L. 104–1, title V, § 507, Jan. 23, 1995, 109 Stat. 43; Pub. L. 105–275, title I, § 12, Oct. 21, 1998, 112 Stat. 2436, related to use of frequent flyer miles.
2 U.S.C. § 1437 (THE CONGRESS)
§ 1437. Sense of Senate regarding adoption of simplified and streamlined acquisition procedures for Senate acquisitions
It is the sense of the Senate that the Committee on Rules and Administration of the Senate should review the rules applicable to purchases by Senate offices to determine whether they are consistent with the acquisition simplification and streamlining laws enacted in the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355).
(Pub. L. 104–1, title V, § 508, Jan. 23, 1995, 109 Stat. 44.)
heading: References in Text
text: The Federal Acquisition Streamlining Act of 1994, referred to in text, is Pub. L. 103–355, Oct. 13, 1994, 108 Stat. 3243. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 101 of Title 41, Public Contracts, and Tables.
2 U.S.C. § 1438 (THE CONGRESS)
§ 1438. Severability
If any provision of this chapter or the application of such provision to any person or circumstance is held to be invalid, the remainder of this chapter and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby.
(Pub. L. 104–1, title V, § 509, Jan. 23, 1995, 109 Stat. 44.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, as amended, 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.
2 U.S.C. § 1502 (THE CONGRESS)
§ 1502. Definitions
For purposes of this chapter—
(1) except as provided in section 1555 of this title, the terms defined under section 658 of this title shall have the meanings as so defined; and
(2) the term “Director” means the Director of the Congressional Budget Office.
(Pub. L. 104–4, § 3, Mar. 22, 1995, 109 Stat. 49.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.
2 U.S.C. § 1503 (THE CONGRESS)
§ 1503. Exclusions
This chapter shall not apply to any provision in a bill, joint resolution, amendment, motion, or conference report before Congress and any provision in a proposed or final Federal regulation that—
(1) enforces constitutional rights of individuals;
(2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability;
(3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government;
(4) provides for emergency assistance or relief at the request of any State, local, or tribal government or any official of a State, local, or tribal government;
(5) is necessary for the national security or the ratification or implementation of international treaty obligations;
(6) the President designates as emergency legislation and that the Congress so designates in statute; or
(7) relates to the old-age, survivors, and disability insurance program under title II of the Social Security Act [42 U.S.C. 401 et seq.] (including taxes imposed by sections 3101(a) and 3111(a) of title 26 (relating to old-age, survivors, and disability insurance)).
(Pub. L. 104–4, § 4, Mar. 22, 1995, 109 Stat. 49.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.
The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
2 U.S.C. § 1504 (THE CONGRESS)
§ 1504. Agency assistance
Each agency shall provide to the Director such information and assistance as the Director may reasonably request to assist the Director in carrying out this chapter.
(Pub. L. 104–4, § 5, Mar. 22, 1995, 109 Stat. 50.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, known as the Unfunded Mandates Reform Act of 1995. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.