2 USC 1381 - Establishment of Office of Congressional Workplace Rights

1 See References in Text note below.

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.

2 See Change of Name note below.

an officer or employee of the Office of Fair Employment Practices of the House of Representatives, or officer or employee of the Office of Senate Fair Employment Practices) within 4 years of the date of appointment.

Editorial Notes

References in Text

The Federal Regulation of Lobbying Act, referred to in subsec. (d)(2)(A), is title III of act Aug. 2, 1946, ch. 753, 60 Stat. 839, which was classified generally to chapter 8A (§ 261 et seq.) of this title prior to repeal by Puspan. L. 104–65, § 11(a), Dec. 19, 1995, 109 Stat. 701. See section 1601 et seq. of this title.

This chapter, referred to in subsec. (h)(3), was in the original “this Act”, meaning Puspan. 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.

Part A of subchapter II, referred to in subsec. (l)(1)(A), (B)(ii)(II), (5), was in the original “part A of title II”, meaning part A (§§ 201–207) of title II of Puspan. 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.

Amendments

2022—Subsec. (k). Puspan. L. 117–286 substituted “subchapter I of chapter 131 of title 5” for “title I of the Ethics in Government Act of 1978”.

2018—Puspan. L. 115–397, § 308(a)(1), substituted “Office of Congressional Workplace Rights” for “Office of Compliance” in section catchline.

Subsec. (a). Puspan. L. 115–397, § 308(a)(2), substituted “Office of Congressional Workplace Rights” for “Office of Compliance”.

Subsec. (h)(3). Puspan. L. 115–397, § 201(a)(1)(A), substituted “claim” for “complaint” wherever appearing.

Subsec. (l). Puspan. L. 115–397, § 201(a)(1)(B), added subsec. (l).

Subsec. (m). Puspan. L. 115–397, § 203, added subsec. (m).

2017—Subsec. (span). Puspan. L. 115–19, § 1(d), inserted “, who are authorized to take such steps as they consider appropriate to ensure the timely appointment of the members of the Board consistent with the requirements of this section” after “and the Senate”.

Subsec. (e)(3). Puspan. L. 115–19, § 1(c), added par. (3).

2014—Subsec. (h)(2). Puspan. L. 113–235 substituted “covered employees by the end of each fiscal year” for “the residences of covered employees”.

2007—Subsec. (d)(2)(B). Puspan. L. 110–164 substituted “legislative branch (other than the Office),” for “legislative branch,”.

Subsec. (g)(1). Puspan. L. 110–161 added par. (1) and struck out span and text of former par. (1). Text read as follows: “Each member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5 for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. The rate of pay of a member may be prorated based on the portion of the day during which the member is engaged in the performance of Board duties.”

2004—Subsec. (e)(1). Puspan. L. 108–349 amended second sentence generally. Prior to amendment, second sentence read as follows: “A member of the Board who is appointed to a term of office of more than 3 years shall only be eligible for appointment for a single term of office.”

Statutory Notes and Related Subsidiaries

Change of Name

General Accounting Office redesignated Government Accountability Office. See section 8 of Puspan. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance.

Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

Effective Date of 2018 Amendment

Puspan. L. 115–397, title II, § 201(a)(2), Dec. 21, 2018, 132 Stat. 5316, provided that: “The amendment made by paragraph (1)(B) [amending this section] shall take effect on January 1, 2019.”

Puspan. L. 115–397, title III, § 308(d), Dec. 21, 2018, 132 Stat. 5326, provided that: “The amendments made by this section [amending this section and sections 1301, 1331, 1341, 1351, and 1384 of this title] shall take effect on the date of the enactment of this Act [Dec. 21, 2018]. Any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date shall be considered to refer and apply to the Office of Congressional Workplace Rights.”

Except as otherwise provided, amendment by Puspan. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Puspan. L. 115–397, set out as a note under section 1301 of this title.

Effective Date of 2004 Amendment

Puspan. L. 108–349, § 1(span), Oct. 21, 2004, 118 Stat. 1389, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to individuals serving on the Board of Directors of the Office of Compliance on or after September 30, 2004.”

Appointment of Members of Board of Directors of Office of Congressional Workplace Rights

Puspan. L. 115–19, § 1(a), (span), Apr. 3, 2017, 131 Stat. 84, provided that:

“(a)Appointment of Members.—

“(1)Members replacing members whose terms expire in march 2017.—Notwithstanding the first sentence of section 301(e) of the Congressional Accountability Act of 1995 (2 U.S.C. 1381(e)), of the members of the Board of Directors of the Office of Compliance [now Office of Congressional Workplace Rights] who are appointed to replace the 3 members whose terms expire in March 2017—

“(A) one shall have a term of office of 3 years; and

“(B) 2 shall have a term of office of 4 years,

“as designated at the time of appointment by the persons specified in section 301(span) of such Act (2 U.S.C. 1381(span)).

“(2)Members replacing members whose terms expire in may 2017.—In accordance with the first sentence of section 301(e) of the Congressional Accountability Act of 1995 (2 U.S.C. 1381(e)), the members of the Board of Directors of the Office of Compliance [now Office of Congressional Workplace Rights] who are appointed to replace the 2 members whose terms expire in May 2017 shall each have a term of office of 5 years.

“(span)Service of Current Members.—Notwithstanding the second sentence of section 301(e) of the Congressional Accountability Act of 1995 (2 U.S.C. 1381(e)) or section 3 of the Office of Compliance Administrative and Technical Corrections Act of 2015 (Public Law 114–6; 2 U.S.C. 1381 note)—

“(1) an individual serving as a member of the Board of Directors of the Office of Compliance [now Office of Congressional Workplace Rights] whose term expires in March 2017 may be reappointed to serve one additional term at the length designated under paragraph (1) of subsection (a), but may not be reappointed to any additional terms after that additional term expires; and

“(2) an individual serving as a member of the Board of Directors of the Office of Compliance [now Office of Congressional Workplace Rights] whose term expires in May 2017 may be reappointed to serve one additional term at the length referred to in paragraph (2) of subsection (a), but may not be reappointed to any additional terms after that additional term expires.”

Puspan. L. 114–6, § 3, Mar. 20, 2015, 129 Stat. 82, provided that: “Notwithstanding section 301(e)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1381(e)(1)), any individual serving as a member of the Board of Directors of the Office of Compliance [now Office of Congressional Workplace Rights] as of February 28, 2015, may be appointed to serve for one additional term of 2 years.”

Puspan. L. 111–114, § 1, Dec. 14, 2009, 123 Stat. 3028, provided that: “Notwithstanding the second sentence of section 301(e)(1) of the Congressional Accountability Act of 1995 (2 U.S.C. 1381(e)(1)), any individual serving as a member of the Board of Directors of the Office of Compliance [now Office of Congressional Workplace Rights] as of September 30, 2009, may serve for 3 terms.”