SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED
VIOLATIONS.
The procedure for consideration of alleged violations
of laws made applicable to the legislative branch of the
Federal Government under the regulation promulgated
under section 5(b) applicable to such laws consists of 4
steps as follows:
(1) Step I, counseling, as set forth in section 8.
(2) Step II, mediation, as set forth in section
9.
(3) Step III, formal complaint and hearing by
a hearing board, as set forth in section 10.
(4) Step IV, judicial review if a congressional
employee is aggrieved by a dismissal of a claim
under section 10(c), a final decision under section
10(g), or an order under section 10(h) or if a head
of an employing office is aggrieved by a final deci-
sion under section 10(g) or would be subject to an
order issued under section 10(h).
(5) Step V, as an alternative to steps III and
IV, a civil action in a district court of the United
States in accordance with section 12.
A congressional employee may elect the procedure de-
scribed in paragraph (3) or (5) but not both procedures.
SEC. 8. STEP I: COUNSELING.
(a) IN GENERAL.—A congressional employee alleging
a violation of a law made applicable to the legislative
branch of the Federal Government under section 5 may
request counseling through the Office. The Office shall
provide the employee with all relevant information with re-
spect to the rights of the employee. A request for counsel-
ing shall be made not later than 180 days after the alleged
violation forming the basis of the request for counseling
occurred.
(b) PERIOD OF COUNSELING.—The period for coun-
seling shall be 30 days unless the employee and the Office
agree to reduce the period. The period shall begin on the
date the request for counseling is received.
SEC. 9. STEP II: MEDIATION.
(a) IN GENERAL.—Not later than 15 days after the
end of the counseling period under section 8, the employee
who alleged a violation of a law made applicable to the
legislative branch of the Federal Government under sec-
tion 5 may file a request for mediation with the Office.
Mediation—
(1) may include the Office, the employee, the
employing office, and individuals who are rec-
ommended by organizations composed primarily of
individuals experienced in adjudicating or arbitrating
personnel matters, and
(2) shall be a process involving meetings with
the parties separately or jointly for the purpose of
resolving the dispute between the employee and the
employing office.
(b) MEDIATION PERIOD.—The mediation period shall
be 30 days beginning on the date the request for mediation
is received and may be extended for an additional 30 days
at the discretion of the Office. The Office shall notify the
employee and the head of the employing office when the
mediation period has ended.
SEC. 10. STEP III: FORMAL COMPLAINT AND HEARING.
(a) FORMAL COMPLAINT AND REQUEST FOR HEAR-
ING.—Not later than 30 days after receipt by the congres-
sional employee of notice from the Office of the end of
the mediation period under section 9, the congressional
employee may file a formal complaint with the Office
against the head of the employing office involved. No com-
plaint may be filed unless the employee has made a timely
request for counseling and has completed the procedures
set forth in sections 8 and 9.
(b) HEARING BOARD.—A board of 3 independent
hearing officers (hereinafter in this Act referred to as a
‘‘hearing board’’), who are not Members of the House of
Representatives, Senators, or officers or employees of the
House of Representatives or Senate, chosen by the execu-
tive director (one of whom shall be designated by the exec-
utive director as the presiding hearing officer) shall be as-
signed to consider each complaint filed under subsection
(a). The executive director shall appoint hearing officers
from candidates who are recommended by the Federal Me-
diation and Conciliation Service or the Administrative
Conference of the United States. A hearing board shall
act by majority vote.
(c) DISMISSAL OF FRIVOLOUS CLAIMS.—Prior to a
hearing under subsection (d), a hearing board may dismiss
any claim that it finds to be frivolous.
(d) HEARING.—A hearing shall be conducted—
(1) in closed session on the record by a hearing
board; and
(2) no later than 30 days after filing of the
complaint under subsection (a), except that the Of-
fice may, for good cause, extend up to an additional
60 days the time for conducting a hearing.
(e) DISCOVERY.—Reasonable prehearing discovery
may be permitted at the discretion of the hearing board.
(f) SUBPOENA POWER.—
(1) IN GENERAL.—A hearing board may au-
thorize subpoenas, which shall be issued by the pre-
siding hearing officer on behalf of the hearing board
for the attendance of witnesses at proceedings of the
hearing board and for the production of correspond-
ence, books, papers, documents, and other records.
The attendance of witnesses and the production of
evidence may be required from any place within the
United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the hearing board may apply to a United
States district court for an order requiring that per-
son to appear before the hearing board to give testi-
mony, produce evidence, or both, relating to the
matter under investigation. The application may be
made within the judicial district where the hearing
is conducted or where that person is found, resides,
or transacts business. Any failure to obey the order
of the court may be punished by the court as civil
contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the hearing board shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is to be made under para-
graph (2) may be served in the judicial district in
which the person required to be served resides or
may be found.
(5) IMMUNITY.—The hearing board is an agen-
cy of the United States for the purpose of part V
of title 18, United States Code (relating to immunity
of witnesses).
(g) HEARING BOARD DECISION.—As expeditiously as
possible, but in no case more than 45 days after the con-
clusion of the hearing, the hearing board shall make a de-
cision in the matter for which the hearing was held. The
decision of the hearing board shall be transmitted by the
Office to the employee and the employing office. The deci-
sion shall state the issues raised by the complaint, describe
the evidence in the record, and contain a determination
as to whether a violation of a law made applicable to the
legislative branch of the Federal Government under sec-
tion 5 has occurred. Any decision of the hearing board
shall contain a written statement of the reasons for the
hearing board’s decision. A final decision of the hearing
board shall be made available to the public by the Office.
(h) REMEDY ORDER.—If the decision of the hearing
board under subsection (g) is that a violation of a law
made applicable to the legislative branch of the Federal
Government under section 5, it shall order the remedies
under such law as made applicable to the legislative
branch of the Federal Government under section 5, except
that no Member of the House of Representatives, Senator,
any other head of an employing office, or agent of such
a Member or Senator, shall be personally liable for the
payment of compensation. The hearing board shall have
no authority to award punitive damages. The entry of an
order under subsection shall constitute a final decision for
purposes of judicial review under section 11.
(i) FUNDS.—There shall be established in the House
of Representatives and in the Senate a fund from which
compensation (including attorney’s fees) may be paid in
accordance with an order under subsection (h) or as a re-
sult of judicial review under section 11. From the outset
of any proceeding in which compensation may be paid
from a fund of the House of Representatives, the General
Counsel of the House of Representatives may provide the
respondent with representation.
SEC. 11. JUDICIAL REVIEW.
(a) IN GENERAL.—
(1) TYPES OF REVIEW.—Following any hearing
under section 10 on a complaint relating to a provi-
sion of law described in section 3, any congressional
employee aggrieved by a dismissal of a claim under
section 10(c), a final decision under section 10(g), a
final order under section 10(h), or any head of an
employing office aggrieved by a final decision under
section 10(g) or a final order under section 10(h),
may petition for review by the United States Court
of Appeals for the Federal Circuit in accordance
with paragraph (2).
(2) PROVISIONS APPLICABLE TO REVIEW.—The
following provisions apply to a review under para-
graph (1):
(A) LAW
APPLICABLE.—Chapter 158 of
title 28, United States Code, shall apply—
(i) with respect to section 2344 of
title 28, United States Code, service of the
petition shall be on the House or Senate
Legal Counsel, or the appropriate entity of
an instrumentality, as the case may be,
rather than on the Attorney General;
(ii) the provisions of section 2348 of
title 28, United States Code, on the au-
thority of the Attorney General, shall not
apply;
(iii) the petition for review shall be
filed not later than 90 days after the entry
in the Office of a final decision under sec-
tion 10(g), an order under section 10(h);
and
(iv) the Office shall be an ‘‘agency’’ as
that term is used in chapter 158 of title
28, United States Code.
(B) STANDARD OF REVIEW.—To the ex-
tent necessary for decision and when presented,
the court shall decide all relevant questions of
law and interpret constitutional and statutory
provisions. The court shall set aside a dismissal
under section 10(c), a final decision under sec-
tion 10(g), or an order under section 10(h) if
it is determined that the dismissal, decision, or
order was—
(i) arbitrary, capricious, an abuse of
discretion, or otherwise not consistent with
law;
(ii) not made consistent with required
procedures; or
(iii) unsupported by substantial evi-
dence.
(C) RECORD.—In making determinations
under subparagraph (B), the court shall review
the whole record, or those parts of it cited by
a party, and due account shall be taken of the
rule of prejudicial error. The record on review
shall include the record before the hearing
board, the decision of the hearing board, and
the order of the hearing board.
(b) ATTORNEY’S FEES.—If a congressional employee
is the prevailing party in a proceeding under this section,
attorney’s fees for the judicial proceeding may be allowed
by the court in accordance with the standards prescribed
under section 706(k) of the Civil Rights Act of 1964 (42
U.S.C. 2000e–5(k)).
SEC. 12. CIVIL ACTION.
(a) IN GENERAL.—
(1) CIVIL ACTION.—An employee may within 30
days after receipt of notice from the Office of the
end of the mediation period under section 9 for a
violation of a law made applicable to the legislative
branch of the Federal Government bring a civil ac-
tion in a district court of the United States seeking
relief from the alleged violation of law if such a civil
action is available under such law. In any such civil
action, any party may demand a jury trial.
(2) EXHAUSTION REQUIREMENT.—No civil ac-
tion may be filed under paragraph (1) unless the
employee has made a timely request for counseling
and has completed the procedures set forth in sec-
tions 8 and 9.
(3) COURT ORDER.—If a court determines that
a violation of law occurred, the court may only enter
an order described in section 10(h).
(b) ATTORNEY’S FEES.—If a congressional employee
is the prevailing party in a proceeding under this section,
attorney’s fees may be allowed by the court in accordance
with any standards prescribed under Federal law for the
award of such fees in the event of a violation of such provi-
sion.
SEC. 13. RESOLUTION OF COMPLAINT.
If, after a formal complaint is filed under section 10,
the employee and the head of the employing office resolve
the issues involved, the employee may withdraw the com-
plaint or the parties may enter into a written agreement,
subject to the approval of the executive director.
SEC. 14. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee
by any Member of the House of Representatives, Senator,
or officer or employee of the House of Representatives or
Senate, by the Architect of the Capitol or anyone employed
by the Architect of the Capitol, or by an instrumentality
of the legislative branch of the Federal Government be-
cause of the exercise of a right under this Act constitutes
an unlawful employment practice, which may be remedied
in the same manner under this Act as is a violation of
a law made applicable to the legislative branch of the Fed-
eral Government under section 5.
SEC. 15. CONFIDENTIALITY.
(a) COUNSELING.—All counseling shall be strictly
confidential except that the Office and the employee may
agree to notify the head of the employing office of the
allegations.
(b) MEDIATION.—All mediation shall be strictly
confidential.
(c) HEARINGS.—Except as provided in subsections
(d) and (e), the hearings and deliberations of the hearing
board shall be confidential.
(d) RELEASE OF RECORDS FOR JUDICIAL ACTION.—
The records of hearing boards may be made public if re-
quired for the purpose of judicial action under section 9.
(e) ACCESS BY COMMITTEES OF CONGRESS.—At the
discretion of the executive director, the executive director
may provide to the Committee on Standards of Official
Conduct of the House of Representatives and the Select
Committee on Ethics of the Senate access to the records
of the hearings and decisions of the hearing boards, in-
cluding all written and oral testimony in the possession
of the hearing boards, concerning a decision under section
10(g). The executive director shall not provide such access
until the executive director has consulted with the individ-
ual filing the complaint at issue in the hearing, and until
the hearing board has issued the decision.
(f) COORDINATION.—The executive director shall co-
ordinate the proceedings with the Committee on Stand-
ards and Official Conduct of the House of Representatives
and the Select Committee on Ethics of the Senate to en-
sure effectiveness, to avoid duplication, and to prevent pe-
nalizing cooperation by respondents in the respective pro-
ceedings.
SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESI-
DENCE.
(a) IN GENERAL.—It shall not be a violation of a law
made applicable to the legislative branch of the Federal
Government under section 5 to consider the—
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing
office,
of a congressional employee with respect to employment
decisions.
(b) DEFINITION.—For purposes of subsection (a),
the term ‘‘employee’’ means—
(1) an employee on the staff of the House of
Representatives or Senate leadership,
(2) of the application of the requirement of sec-
tion 552a of title 5, United States Code, to the legis-
lative branch of the Federal Government.
(b) STUDY CONTENT.—The study conducted under
subsection (a) shall examine—
(1) information that is currently made available
under such section 552 by Federal agencies and not
by the legislative branch of the Federal Government;
(2) information held by the non-legislative of-
fices of the legislative branch of the Federal Govern-
ment, including—
(A) the instrumentalities,
(B) the Architect of the Capitol,
(C) the Director of Non-Legislative and
Financial Services of the House of Representa-
tives,
(D) the Clerk of the House of Representa-
tives,
(E) the Secretary of the Senate,
(F) the Inspector General of the House of
Representatives,
(G) the Sergeant at Arms of the House of
Representatives,
(H) the Doorkeeper of the House of Rep-
resentatives,
(I) the United States Capitol Police, and
(J) the House Commission on Congres-
sional Mailing Standards;
(3) financial expenditure information of the leg-
islative branch of the Federal Government; and
(4) provisions for judicial review of denial of ac-
cess to information held by the legislative branch of
the Federal Government.
(c) TIME.—The Office shall conduct the study pre-
scribed by subsection (a) and report the results of the
study to the Congress not later than one year after the
date of the initial appointment of the Board of Directors.
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