- § 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 Repealed.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 simplified and streamlined acquisition procedures for Senate acquisitions
- § 1437a. Training and education programs of employing offices
- § 1437b. Support for out-of-area covered employees
- § 1438. Severability
§ 1431. Exercise of rulemaking powers
The provisions of sections 1302(b)(3), section 1
1 So in original. The word “section” probably should not appear.
1381(l), 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; Pub. L. 115–397, title II, § 201(c), Dec. 21, 2018, 132 Stat. 5317.)
§ 1432. Political affiliation and place of residence
(a) In generalIt 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) with respect to employment decisions.
(b) “Employee” definedFor purposes of subsection (a), 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.)
§ 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.)
§ 1434. Judicial branch coverage study
The Judicial Conference of the United States shall prepare a report for submission by the Chief Justice of the United States to the Congress on the application to the judicial branch of the Federal Government of—
(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.);
(2) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
(3) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(4) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.);
(5) the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.);
(6) the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);
(7) chapter 71 (relating to Federal service labor-management relations) of title 5;
(8) the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.);
(9) the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.);
(10) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and
(11) chapter 43 (relating to veterans’ employment and reemployment) of title 38.
The report shall be submitted to Congress not later than December 31, 1996, and shall include any recommendations the Judicial Conference may have for legislation to provide to employees of the judicial branch the rights, protections, and procedures under the listed laws, including administrative and judicial relief, that are comparable to those available to employees of the legislative branch under subchapters I through IV of this chapter.
(Pub. L. 104–1, title V, § 505, Jan. 23, 1995, 109 Stat. 41.)
§ 1435. Savings provisions
(a) Transition provisions for employees of House of Representatives and of Senate
(1) Claims arising before effective date
(2) Claims arising between effective date and opening of Office
If a claim by an employee of the Senate or House of Representatives arises under section 1311 or 1312 of this title after the effective date of such sections, but before the opening of the Office for receipt of requests for counseling or mediation under sections 1402 and 1403 of this title, the provisions of the Government Employees Rights Act of 1991 and Rule LI of the House of Representatives relating to counseling and mediation shall remain in effect, and the employee may complete under that Act or Rule the requirements for counseling and mediation under sections 1402 and 1403 of this title. If, after counseling and mediation is completed, the Office has not yet opened for the filing of a timely complaint under section 1405 of this title, the employee may elect—
(A) to file a complaint under section 307 of the Government Employees Rights Act of 1991 1 or Rule LI of the House of Representatives, and thereafter proceed exclusively under that Act or Rule, the provisions of which shall remain in effect until the completion of all proceedings in relation to the complaint, or
(B) to commence a civil action under section 1408 of this title.
(3)Section 1207a of this title
(b) Transition provisions for employees of Architect of Capitol
(1) Claims arising before effective date
(2) Claims arising between effective date and opening of Office
If a claim by an employee of the Architect of the Capitol arises under section 1311 or 1312 of this title after the effective date of those provisions, but before the opening of the Office for receipt of requests for counseling or mediation under sections 1402 and 1403 of this title, the employee may satisfy the requirements for counseling and mediation by exhausting the requirements prescribed by the Architect of the Capitol in accordance with section 1831(e)(3) 1 of this title. If, after exhaustion of those requirements the Office has not yet opened for the filing of a timely complaint under section 1405 of this title, the employee may elect—
(A) to file a charge with the General Accounting Office Personnel Appeals Board 2
2 See Change of Name note below.
pursuant to section 1831(e)(3) 1 of this title, and thereafter proceed exclusively under section 1831(e) 1 of this title, the provisions of which shall remain in effect until the completion of all proceedings in relation to the charge, or(B) to commence a civil action under section 1408 of this title.
(c) Transition provision relating to matters other than employment under section 12209 of title 42
(Pub. L. 104–1, title V, § 506, Jan. 23, 1995, 109 Stat. 42.)
§ 1436. Repealed. Pub. L. 106–57, title III, § 313, Sept. 29, 1999, 113 Stat. 428
§ 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.)
§ 1437a. Training and education programs of employing offices
(a) Requiring offices to develop and implement programs
(b) Report to committees
(1) In general
(2) Special rule for first report
(c) Exception for offices of Congress
(Pub. L. 104–1, title V, § 509, as added Pub. L. 115–397, title III, § 306(a)(2), Dec. 21, 2018, 132 Stat. 5324.)
§ 1437b. Support for out-of-area covered employees
(a) In general
(b) Office of Congressional Workplace Rights
The Office shall—
(1) establish a method by which out-of-area covered employees may communicate securely with the Office, which shall include an option for real-time audiovisual communication; and
(2) provide guidance to employing offices regarding how each office can facilitate equitable access to the resources and services provided under this chapter for its out-of-area covered employees, including information regarding the communication methods described in paragraph (1).
(c) Employing offices
(Pub. L. 104–1, title V, § 510, as added Pub. L. 115–397, title III, § 307(a)(2), Dec. 21, 2018, 132 Stat. 5325.)
§ 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, § 511, formerly § 509, Jan. 23, 1995, 109 Stat. 44; renumbered § 510, renumbered § 511, Pub. L. 115–397, title III, §§ 306(a)(1), 307(a)(1), Dec. 21, 2018, 132 Stat. 5324, 5325.)