Dear Tamara:

Pursuant to 2 U.S.C. § 1384 (b)(2), below are comments to the Notice of Proposed Rulemaking (“NPR”),1 regarding proposed regulations to implement section 206 of the Congressional Accountability Act (“CAA”), 2 U.S.C. § 1316, which applies certain provisions of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) to employees and employing offices covered by the CAA. The comments regarding health plan coverage and pension plan benefits address any regulations applicable to Senate employing offices and their employees. The remainder of the comments address the proposed regulations in general.

§ 1002.5 What definitions apply to these USERRA regulations?

§ 1002.5(e)(3): “Capitol Guide Board” should be omitted. 2 U.S.C. § 1301(3)(C) defines a “covered employee” to include an employee of the Capitol Guide Service. While the term “employing office” includes the Capitol Guide Board, see 2 U.S.C. § 1301(9)(D), the term “covered employee” does not include an employee of the Capitol Guide Board, see 2 U.S.C. § 1301(3)(C).

§ 1002.5(e)(4): “Capitol Police Board” should be omitted. 2 U.S.C. § 1301(3)(D) defines a “covered employee” to include an employee of the Capitol Police. While the term “employing office” includes the Capitol Police Board, see 2 U.S.C. § 1301(9)(D), the term “covered employee” does not include an employee of the Capitol Police Board, see 2 U.S.C. § 1301(3)(D).

§ 1002.5(f): “1002.5(u) of this subpart” should read “1002.5(t) of this subpart”. There is no “1002.5 (u),” and “1002.5(t)” defines “uniformed services.”

§ 1002.5(h): This section should be omitted because, as stated above with respect to § 1002.5(e)(4), the CAA definition of a “covered employee” includes an employee ofthe Capitol Police; it does not include an employee ofthe Capitol Police Board.

§ 1002.7 How does USERRA, as applied bv the Congressional Accountability Act, relate to other laws, public and private contracts, and employing office practices?

§ 1002.7(b): The reference to USERRA superseding “any State law (including any local law or ordinance)” is superfluous, as state laws (including local laws and ordinances) do not apply to “employing offices” within the meaning of the CAA.