TITLE 2 - US CODE - SUBCHAPTER III - OFFICE OF COMPLIANCE

2 USC 1381 - Establishment of Office of Compliance

(a) Establishment 
There is established, as an independent office within the legislative branch of the Federal Government, the Office of Compliance.
(b) Board of Directors 
The Office shall have a Board of Directors. The Board shall consist of 5 individuals appointed jointly by the Speaker of the House of Representatives, the Majority Leader of the Senate, and the Minority Leaders of the House of Representatives and the Senate. Appointments of the first 5 members of the Board shall be completed not later than 90 days after January 23, 1995.
(c) Chair 
The Chair shall be appointed from members of the Board jointly by the Speaker of the House of Representatives, the Majority Leader of the Senate, and the Minority Leaders of the House of Representatives and the Senate.
(d) Board of Directors qualifications 

(1) Specific qualifications 
Selection and appointment of members of the Board shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office. Members of the Board shall have training or experience in the application of the rights, protections, and remedies under one or more of the laws made applicable under section 1302 of this title.
(2) Disqualifications for appointments 

(A) Lobbying 
No individual who engages in, or is otherwise employed in, lobbying of the Congress and who is required under the Federal Regulation of Lobbying Act[1] 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.
(B) Incompatible office 
No member of the Board appointed under subsection (b) of this section may hold or may have held the position of Member of the House of Representatives or Senator, may hold the position of officer or employee of the House of Representatives, Senate, or instrumentality or other entity of the legislative branch (other than the Office), or may have held such a position (other than the position of an officer or employee of the General Accounting Office Personnel Appeals Board,[2] 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.
(3) Vacancies 
A vacancy on the Board shall be filled in the manner in which the original appointment was made.
(e) Term of office 

(1) In general 
Except as provided in paragraph (2), membership on the Board shall be for 5 years. A member of the Board may be reappointed, but no individual may serve as a member for more than 2 terms.
(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) of this section.

(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) of this section, 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) of this section.
(2) Statement of reasons for removal 
In removing a member of the Board, the Speaker of the House of Representatives and the President pro tempore of the Senate shall state in writing to the member of the Board being removed the specific reasons for the 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 
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.
(2) Travel expenses 
Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.
(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 of this chapter, 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 the residences of covered employees, 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 complaint, the basis for the complaint, and the action taken on the complaint.
(i) Congressional oversight 
The Board and the Office shall be subject to oversight (except with respect to the disposition of individual cases) by the Committee on Rules and Administration and the Committee on Governmental Affairs[2] of the Senate and the Committee on House Oversight[2] of the House of Representatives.
(j) Opening of Office 
The Office shall be open for business, including receipt of requests for counseling under section 1402 of this title, not later than 1 year after January 23, 1995.
(k) Financial disclosure reports 
Members of the Board and officers and employees of the Office shall file the financial disclosure reports required under title I of the Ethics in Government Act of 1978 with the Clerk of the House of Representatives.
[1] See References in Text note below.
[2] See Change of Name note below.

2 USC 1382 - Officers, staff, and other personnel

(a) Executive Director 

(1) Appointment and removal 

(A) In general 
The Chair, subject to the approval of the Board, shall appoint and may remove an Executive Director. Selection and appointment of the Executive Director shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office. The first Executive Director shall be appointed no later than 90 days after the initial appointment of the Board of Directors.
(B) Qualifications 
The Executive Director shall be an individual with training or expertise in the application of laws referred to in section 1302 (a) of this title.
(C) Disqualifications 
The disqualifications in section 1381 (d)(2) of this title shall apply to the appointment of the Executive Director.
(2) Compensation 

(A) Authority to fix compensation 
The Chair may fix the compensation of the Executive Director.
(B) Limitation 
The rate of pay for the Executive Director 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) Term 
The term of office of the Executive Director shall be not more than 2 terms of 5 years, except that the first Executive Director shall have a single term of 7 years.
(4) Duties 
The Executive Director shall serve as the chief operating officer of the Office. Except as otherwise specified in this chapter, the Executive Director shall carry out all of the responsibilities of the Office under this chapter.
(b) Deputy Executive Directors 

(1) In general 
The Chair, subject to the approval of the Board, shall appoint and may remove a Deputy Executive Director for the Senate and a Deputy Executive Director for the House of Representatives. Selection and appointment of a Deputy Executive Director shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the office. The disqualifications in section 1381 (d)(2) of this title shall apply to the appointment of a Deputy Executive Director.
(2) Term 
The term of office of a Deputy Executive Director shall be not more than 2 terms of 5 years, except that the first Deputy Executive Directors shall have a single term of 6 years.
(3) Compensation 

(A) Authority to fix compensation 
The Chair may fix the compensation of the Deputy Executive Directors.
(B) Limitation 
The 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 
The Deputy Executive Director for the Senate shall recommend to the Board regulations under section 1384 (a)(2)(B)(i) of this title, maintain the regulations and all records pertaining to the regulations, and shall assume such other responsibilities as may be delegated by the Executive Director. The Deputy Executive Director for the House of Representatives shall recommend to the Board the regulations under section 1384 (a)(2)(B)(ii) of this title, maintain the regulations and all records pertaining to the regulations, and shall assume such other responsibilities as may be delegated by the Executive Director.
(c) General Counsel 

(1) In general 
The Chair, subject to the approval of the Board, shall appoint a General Counsel. Selection and appointment of the General Counsel shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office. The disqualifications in section 1381 (d)(2) of this title shall apply to the appointment of a General Counsel.
(2) Compensation 

(A) Authority to fix compensation 
The Chair may fix the compensation of the General Counsel.
(B) Limitation 
The 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) Duties 
The 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 
The General Counsel shall appoint, and fix the compensation of, and may remove, such additional attorneys as may be necessary to enable the General Counsel to perform the General Counsels duties.
(5) Term 
The term of office of the General Counsel shall be not more than 2 terms of 5 years.
(6) Removal 

(A) Authority 
The 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 
In removing the General Counsel, the Speaker of the House of Representatives and the President pro tempore of the Senate shall state in writing to the General Counsel the specific reasons for the removal.
(d) Other staff 
The Executive Director shall appoint, and fix the compensation of, and may remove, such other additional staff, including hearing officers, but not including attorneys employed in the office of the General Counsel, as may be necessary to enable the Office to perform its duties.
(e) Detailed personnel 
The Executive Director may, with the prior consent of the department or agency of the Federal Government concerned, use on a reimbursable or nonreimbursable basis the services of personnel of any such department or agency, including the services of members or personnel of the Government Accountability Office Personnel Appeals Board.
(f) Consultants 
In carrying out the functions of the Office, the Executive Director may procure the temporary (not to exceed 1 year) or intermittent services of consultants.

2 USC 1383 - Procedural rules

(a) In general 
The Executive Director shall, subject to the approval of the Board, adopt rules governing the procedures of the Office, including the procedures of hearing officers, which shall be submitted for publication in the Congressional Record. The rules may be amended in the same manner.
(b) Procedure 
The Executive Director shall adopt rules referred to in subsection (a) of this section in accordance with the principles and procedures set forth in section 553 of title 5. The Executive Director shall publish a general notice of proposed rulemaking under section 553 (b) of title 5, but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Executive Director shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Before adopting rules, the Executive Director shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking. Upon adopting rules, the Executive Director shall transmit notice of such action together with a copy of such rules to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Rules shall be considered issued by the Executive Director as of the date on which they are published in the Congressional Record.

2 USC 1384 - Substantive regulations

(a) Regulations 

(1) In general 
The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under subchapter II of this chapter (including regulations on the appropriate application of exemptions under the laws made applicable in subchapter II of this chapter) are as prescribed in this section.
(2) Rulemaking procedure 
Such regulations of the Board
(A) shall be adopted, approved, and issued in accordance with subsection (b) of this section; 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 Board 
The Board shall adopt the regulations referred to in subsection (a)(1) of this section 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 
The Board shall publish a general notice of proposed rulemaking under section 553 (b) of title 5, but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommendations of the Deputy Director for the Senate in regard to regulations under subsection (a)(2)(B)(i) of this section, the recommendations of the Deputy Director for the House of Representatives in regard to regulations under subsection (a)(2)(B)(ii) of this section, and the recommendations of the Executive Director for regulations under subsection (a)(2)(B)(iii) of this section.
(2) Comment 
Before adopting regulations, the Board shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking.
(3) Adoption 
After considering comments, the Board shall adopt regulations and shall transmit notice of such action together with a copy of such regulations to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal.
(4) Recommendation as to method of approval 
The Board shall include a recommendation in the general notice of proposed rulemaking and in the regulations as to whether the regulations should be approved by resolution of the Senate, by resolution of the House of Representatives, by concurrent resolution, or by joint resolution.
(c) Approval of regulations 

(1) In general 
Regulations referred to in paragraph (2)(B)(i) of subsection (a) of this section may be approved by the Senate by resolution or by the Congress by concurrent resolution or by joint resolution. Regulations referred to in paragraph (2)(B)(ii) of subsection (a) of this section may be approved by the House of Representatives by resolution or by the Congress by concurrent resolution or by joint resolution. Regulations referred to in paragraph (2)(B)(iii) may be approved by Congress by concurrent resolution or by joint resolution.
(2) Referral 
Upon receipt of a notice of adoption of regulations under subsection (b)(3) of this section, the presiding officers of the House of Representatives and the Senate shall refer such notice, together with a copy of such regulations, to the appropriate committee or committees of the House of Representatives and of the Senate. The purpose of the referral shall be to consider whether such regulations should be approved, and, if so, whether such approval should be by resolution of the House of Representatives or of the Senate, by concurrent resolution or by joint resolution.
(3) Joint referral and discharge in the Senate 
The presiding officer of the Senate may refer the notice of issuance of regulations, or any resolution of approval of regulations, to one committee or jointly to more than one committee. If a committee of the Senate acts to report a jointly referred measure, any other committee of the Senate must act within 30 calendar days of continuous session, or be automatically discharged.
(4) One-House resolution or concurrent resolution 
In the case of a resolution of the House of Representatives or the Senate or a concurrent resolution referred to in paragraph (1), the matter after the resolving clause shall be the following: The following regulations issued by the Office of Compliance on XXXXXXXX are hereby approved: (the blank space being appropriately filled in, and the text of the regulations being set forth).
(5) Joint resolution 
In the case of a joint resolution referred to in paragraph (1), the matter after the resolving clause shall be the following: The following regulations issued by the Office of Compliance on XXXXXXXX are hereby approved and shall have the force and effect of law: (the blank space being appropriately filled in, and the text of the regulations being set forth).
(d) Issuance and effective date 

(1) Publication 
After approval of regulations under subsection (c) of this section, the Board shall submit the regulations to the Speaker of the House of Representatives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal.
(2) Date of issuance 
The date of issuance of regulations shall be the date on which they are published in the Congressional Record under paragraph (1).
(3) Effective date 
Regulations shall become effective not less than 60 days after the regulations are issued, except that the Board may provide for an earlier effective date for good cause found (within the meaning of section 553 (d)(3) of title 5) and published with the regulation.
(e) Amendment of regulations 
Regulations may be amended in the same manner as is described in this section for the adoption, approval, and issuance of regulations, except that the Board may, in its discretion, dispense with publication of a general notice of proposed rulemaking of minor, technical, or urgent amendments that satisfy the criteria for dispensing with publication of such notice pursuant to section 553 (b)(B) of title 5.
(f) Right to petition for rulemaking 
Any interested party may petition to the Board for the issuance, amendment, or repeal of a regulation.
(g) Consultation 
The 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;
(C) the Federal Labor Relations Authority; and
(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.

2 USC 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 
The Executive Director may place orders and enter into agreements for goods and services with the head of any agency, or major organizational unit within an agency, in the legislative or executive branch of the United States in the same manner and to the same extent as agencies are authorized under sections 1535 and 1536 of title 31 to place orders and enter into agreements.
(c) Witness fees and allowances 
Except for covered employees, witnesses before a hearing officer or the Board in any proceeding under this chapter other than rulemaking shall be paid the same fee and mileage allowances as are paid subpoenaed witnesses in the courts of the United States. Covered employees who are summoned, or are assigned by their employer, to testify in their official capacity or to produce official records in any proceeding under this chapter shall be entitled to travel expenses under subchapter I and section 5751 of chapter 57 of title 5.