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for counseling and has completed the procedures set forth
in sections 301 and 302.
(c) HEARING OFFICER.—Upon the filing of a com-
plaint, the Director shall appoint an independent hearing
officer to consider the complaint and render a decision. No
Member of the House of Representatives, Senator, officer of
either the House of Representatives or the Senate, head of
an employing office, member of the Board, or covered em-
ployee may be appointed to be a hearing officer under this
Act. The Director shall develop master lists, composed of
individuals experienced in adjudicating and arbitrating the
kinds of personnel and other matters for which hearings
may be held under this Act, after considering candidates
recommended to the Director by the Federal Mediation and
Conciliation Service, the Administrative Conference of the
United States, or organizations composed primarily of in-
dividuals experienced in adjudicating or arbitrating such
matters. The Director shall select hearing officers on a rota-
tional or random basis from these lists. Nothing in this sec-
tion shall prevent the appointment of hearing officers as
full-time employees of the Office, or the selection of hearing
officers on the basis of specialized expertise needed for par-
ticular matters.
(d) HEARING.—Unless a complaint is dismissed prior
to hearing, a hearing shall be conducted—
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(1) on the record by the hearing officer;
(2) as expeditiously as practical, commencing
not later than 90 days after the filing of the com-
plaint; and
(3) except as specifically provided in this Act
and to the greatest extent practicable, in accordance
with the principles and procedures set forth in sec-
tions 554 through 557 of title 5, United States Code.
(e) DISCOVERY.—Reasonable prehearing discovery
may be permitted at the discretion of the hearing officer.
(f) SUBPOENAS.—
(1) IN GENERAL.—At the request of a party, a
hearing officer may issue subpoenas for the attend-
ance of witnesses and for the production of cor-
respondence, books, papers, documents, and other
records. The attendance of witnesses and the produc-
tion of records may be required from any place with-
in the United States. Subpoenas shall be served in the
manner provided under rule 45(b) of the Federal
Rules of Civil Procedure.
(2) OBJECTIONS.—If a person refuses, on the
basis of relevance, privilege, or other objection, to tes-
tify in response to a question or to produce records
in connection with a proceeding before a hearing offi-
cer, the hearing officer shall rule on the objection. At
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the request of the witness or any party, the hearing
officer shall (or on the hearing officer’s own initiative,
the hearing officer may) refer the ruling to the Board
for review.
(3) ENFORCEMENT.—
(A) IN GENERAL.—If a person fails to com-
ply with a subpoena, the Board may authorize
the General Counsel to apply to an appropriate
United States district court for an order requir-
ing that person to appear before the hearing offi-
cer to give testimony or produce records. The ap-
plication may be made within the judicial dis-
trict where the hearing is conducted or where
that person is found, resides, or transacts busi-
ness. Any failure to obey a lawful order of the
district court issued pursuant to this section
may be held by such court to be a civil contempt
thereof.
(B) SERVICE OF PROCESS.—Process in an
action or contempt proceeding pursuant to sub-
paragraph (A) may be served in any judicial
district in which the person refusing or failing
to comply, or threatening to refuse or not to com-
ply, resides, transacts business, or may be found,
and subpoenas for witnesses who are required to
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attend such proceedings may run into any other
district.
(g) DECISION.—The hearing officer shall issue a writ-
ten decision as expeditiously as possible, but in no case
more than 60 days after the conclusion of the hearing. The
written decision shall be transmitted by the Office to the
parties. The decision shall state the issues raised in the com-
plaint, describe the evidence in the record, contain findings
of fact and conclusions of law, contain a determination of
whether a violation has occurred, and order such remedies
as are appropriate pursuant to section 101(c), 102(c),
103(c), 105(c), 106(c), or 107. The decision shall be entered
in the records of the Office.
(h) PRECEDENTS.—A hearing officer who conducts a
hearing under this section shall be guided by judicial deci-
sions under the statutes made applicable by title I and by
Board decisions under this Act.
SEC. 304. APPEAL TO THE BOARD.
(a) IN GENERAL.—In any case in which a final deci-
sion by a hearing officer is subject to review by the Board,
the party seeking such review shall file a petition for review
not later than 30 days after notice of the entry of the deci-
sion in the records of the Office under section 303(g).
(b) PARTIES’ OPPORTUNITY TO SUBMIT ARGUMENT.—
The parties shall have a reasonable opportunity to be heard,
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through written submission and, in the discretion of the
Board, through oral argument.
(c) STANDARD OF REVIEW.—The Board shall set aside
a decision of a hearing officer if the Board determines that
the decision was—
(1) arbitrary, capricious, an abuse of discretion,
or otherwise not consistent with law;
(2) not made consistent with required proce-
dures; or
(3) unsupported by substantial evidence.
(d) RECORD.—In making determinations under sub-
section (c), the Board 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 officer and the decision
of the hearing officer.
(e) DECISION.—The Board shall issue a written deci-
sion setting forth the reasons for its decision. The decision
may affirm, reverse, or remand to the hearing officer for
further proceedings. A decision that does not require further
proceedings before a hearing officer shall be entered in the
records of the Office as a final decision.
SEC. 305. JUDICIAL REVIEW OF A FINAL DECISION.
(a) IN GENERAL.—This section applies to petitions
under section 104(5), 105(d)(4), 106(c)(5), or 107(b)(4) for
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judicial review of a final decision of the Board in the Unit-
ed States Court of Appeals for the Federal Circuit.
(b) LAW APPLICABLE.—Chapter 158 of title 28, United
States Code, shall apply to review under subsection (a) ex-
cept that—
(1) with respect to section 2344 of title 28, Unit-
ed States Code, the clerk shall serve a copy of the peti-
tion on the General Counsel;
(2) the provisions of section 2348 of title 28,
United States Code, on the authority of the Attorney
General, shall not apply;
(3) the petition for review shall be filed not later
than 90 days after the entry in the Office of a final
decision under section 304(e) of this Act;
(4) the Office shall be an ‘‘agency’’ as that term
is used in chapter 158 of title 28, United States Code,
and reference to the Attorney General shall be deemed
to refer to the General Counsel; and
(5) the Office shall be the respondent in any pro-
ceeding under this section.
(c) ADDITIONAL SERVICE.—At or before the time of fil-
ing a petition for review, the petitioner shall serve a copy
thereof on all parties who shall have been admitted to par-
ticipate in the proceedings before the Office, and shall file
with the clerk of the court a list of those so served.
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(d) STANDARD OF REVIEW.—To the extent necessary
to 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 final deci-
sion of the Board under section 304 if it determines that
the decision was—
(1) arbitrary, capricious, an abuse of discretion,
or otherwise not consistent with law;
(2) not made consistent with required proce-
dures; or
(3) unsupported by substantial evidence.
(e) RECORD.—In making determinations under sub-
section (d), 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 Board and the decision of the
Board.
(f) ATTORNEYS’ FEES.—In proceedings under this sec-
tion relating to an alleged violation of a statute made ap-
plicable by title I of this Act, attorney’s fees may be allowed
by the court in accordance with the standards prescribed
under Federal law for the award of fees under such statute.
SEC. 306. CIVIL ACTIONS.
(a) IN GENERAL.—This section governs all civil ac-
tions commenced pursuant to section 104(3)(B).
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(b) PARTIES.—In any such action, the defendant
shall—
(1) in an action by an employee of the Senate,
be the Senate;
(2) in an action by an employee of the House of
Representatives, be the House of Representatives; and
(3) in an action by any other covered employee,
be the employing office.
(c) JURY TRIAL.—Any party may demand a jury trial
where a jury trial would be available in an action against
an Executive agency (as defined in section 105 of title 5,
United States Code) under the relevant statute made appli-
cable by this Act.
(d) INTERVENTION
OF RIGHT.—In any action de-
scribed in subsection (b) (1) or (2), the head of the employ-
ing office shall be entitled to intervene as of right.
SEC. 307. TIME LIMITATIONS.
(a) COUNSELING REQUESTS.—A request for counseling
shall be made not later than—
(1) 180 days after the date of the alleged viola-
tion under provisions of sections 101 or 103 for which
the counseling is requested; or
(2) 2 years after the date of the alleged violation
under section 102 for which the counseling is re-
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quested, or 3 years after an alleged willful violation
under section 102.
(b) CHARGES FILED WITH THE GENERAL COUNSEL.—
(1) DISCRIMINATION IN PUBLIC SERVICES.—Any
charge of a violation of section 105(d) must be filed
with the General Counsel in writing by no later than
180 days after the alleged violation.
(2) DISCHARGE OR DISCRIMINATION FOR EXER-
CISING RIGHTS RELATING TO OCCUPATIONAL SAFETY
AND HEALTH.—Any charge of a violation of section
106(d) must be filed with the General Counsel in
writing by no later than 30 days after the alleged vio-
lation.
SEC. 308. SETTLEMENT OF COMPLAINTS.
If, after a complaint is filed under section 303, the
parties resolve the issues involved, the settlement shall be
in writing and shall be subject to the approval of the Direc-
tor.
SEC. 309. CONFIDENTIALITY.
(a) COUNSELING.—All counseling shall be strictly con-
fidential except that the Office and the employee may agree
to notify the head of the employing office of the allegations.
(b) MEDIATION.—All mediation conducted under this
Act shall be strictly confidential.
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(c) HEARINGS.—The hearings and deliberations of
hearing officers and of the Board on complaints under this
Act shall be strictly confidential.
(d) RELEASE OF RECORDS FOR JUDICIAL REVIEW.—
The complete record of the proceedings before the hearing
officer and the Board, including the decision, may be made
public for the purpose of judicial review under section 305
and enforcement of subpoenas under section 303(f).
(e) REPORTS TO CONGRESS.—Nothing in this section
shall preclude the disclosure to Congress of information re-
quired under section 310.
SEC. 310. DISCLOSURE TO COMMITTEES OF CONGRESS.
The Board—
(1) may, at its discretion, provide to the Com-
mittee on Standards of Official Conduct of the House
of Representatives or the Select Committee on Ethics
of the Senate; and
(2) shall, at the request of either of such commit-
tees;
provide to such committee the record of a hearing and the
decision of the hearing officer, and the record of consider-
ation and the decision of the Board on appeal, after comple-
tion of procedures described in sections 303 and 304.
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SEC. 311. REPRESENTATION.
A covered employee or other complainant is entitled
to be assisted by counsel or other representative at any stage
of any proceeding administered by the Office, including the
proceedings under sections 301, 302, 303, and 304.
TITLE IV—MISCELLANEOUS
PROVISIONS
SEC. 401. EXPEDITED PROCEDURES FOR CONGRESSIONAL
CONSIDERATION OF SUBSTANTIVE RULES.
(a) INTRODUCTION OF JOINT RESOLUTIONS.—On the
same day as a final substantive rule issued under section
204(c) is published in the Congressional Record, the Major-
ity Leader of the House of Representatives or his designee
(for himself and the Minority Leader or his designee) and
the Majority Leader of the Senate or his designee (for him-
self and the Minority Leader or his designee) shall each in-
troduce a joint resolution in the form specified in section
204(f).
(b) REFERRAL.—The joint resolutions introduced
under subsection (a) shall be referred by the Presiding Offi-
cers of the respective Houses to, in the House of Representa-
tives, the Committee on House Administration, and, in the
Senate, jointly to the Committee on Governmental Affairs
and the Committee on Rules. A committee to which such
joint resolution is referred under this subsection shall report
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such joint resolution to its respective House without amend-
ment.
(c) DISCHARGE OF COMMITTEE.—If any committee to
which a joint resolution introduced under subsection (a) is
referred has not reported such resolution at the end of the
45th calendar day of continuous session after its introduc-
tion, such committee shall be automatically discharged from
further consideration of the joint resolution and, upon being
reported or discharged from all committees, such joint reso-
lution shall be placed on the appropriate calendar.
(d) FLOOR CONSIDERATION.—
(1) IN GENERAL.—On or after the 5th calendar
day of continuous session after the date on which a
joint resolution introduced under subsection (a) has
been placed on the calendar, it shall be in order (even
though a previous motion to the same effect has been
disagreed to) for any Member of the relevant House
to move to proceed to the consideration of the joint
resolution. All points of order against the joint resolu-
tion (and against consideration of the joint resolu-
tion) are waived. The motion is highly privileged in
the House of Representatives and is privileged in the
Senate and is not debatable. The motion is not subject
to amendment, or to a motion to postpone, or to a
motion to proceed to the consideration of other busi-