2 USC 1381 - Establishment of Office of Congressional Workplace Rights

U.S Code last checked for updates: Nov 23, 2024

§ 1381.

Establishment of Office of Congressional Workplace Rights

(a)

Establishment

(b)

Board of Directors

(c)

Chair

(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 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

(f)

Removal

(1)

Authority

Any 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,

(C)

neglect of duty,

(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 day

Each 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)

Duties

The 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 general

Subject to the rules issued by the applicable committee pursuant to paragraph (2):

(A)

Requirement

(B)

Reporting

The 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.

(C)

Reporting periods and dates

The reporting required under this paragraph—

(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 general

Not 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 content, 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)

Applicability

The 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.)

cite as: 2 USC 1381