TITLE 2 - US CODE - SUBCHAPTER V - MISCELLANEOUS PROVISIONS

2 USC 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.

2 USC 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).

2 USC 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.

2 USC 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.

2 USC 1435 - Savings provisions

(a) Transition provisions for employees of House of Representatives and of Senate 

(1) Claims arising before effective date 
If, as of the date on which section 1311 of this title takes effect, an employee of the Senate or the House of Representatives has or could have requested counseling under section 3051 of the Government Employees Rights Act of 1991 or Rule LI of the House of Representatives, including counseling for alleged violations of family and medical leave rights under title V of the Family and Medical Leave Act of 1993, the employee may complete, or initiate and complete, all procedures under the Government Employees Rights Act of 1991 and Rule LI, and the provisions of that Act and Rule shall remain in effect with respect to, and provide the exclusive procedures for, those claims until the completion of all such procedures.
(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 
With respect to payments of awards and settlements relating to Senate employees under paragraph (1) of this subsection, section 1207a1 of this title remains in effect.
(b) Transition provisions for employees of Architect of Capitol 

(1) Claims arising before effective date 
If, as of the date on which section 1311 of this title takes effect, an employee of the Architect of the Capitol has or could have filed a charge or complaint regarding an alleged violation of section 1831 (e)(2)1 of this title, the employee may complete, or initiate and complete, all procedures under section 1831 (e)1 of this title, the provisions of which shall remain in effect with respect to, and provide the exclusive procedures for, that claim until the completion of all such procedures.
(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] 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 
With respect to matters other than employment under section 12209 of title 42, the rights, protections, remedies, and procedures of section 12209 of title 42 shall remain in effect until section 1331 of this title takes effect with respect to each of the entities covered by section 12209 of title 42.
[1] See References in Text note below.
[2] See Change of Name note below.

2 USC 1436 - Repealed. Pub. L. 10657, title III, 313, Sept. 29, 1999, 113 Stat. 428

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 USC 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 103355).

2 USC 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.