(iv) the Office shall be an ‘‘agency’’ as
that term is used in chapter 158 of title
28, United States Code; and
(v) the Office shall be the respondent
in any proceeding under subparagraph (A).
(B) STANDARD OF REVIEW.—To the ex-
tent 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 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.
(3) INFORMATION.—Any petitioner seeking in-
formation from an office of the legislative branch of
the Federal Government that is aggrieved by a final
decision of the Office under section 10(g), may peti-
tion for review of the decision by the District Court
of the United States for the District of Columbia.
Such review shall be conducted in accordance with
subparagraphs (B), (C), (E), (F), and (G) of section
552(a)(4) of title 5, United States Code.
(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. 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. 13. 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. 14. 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, deliberations, and decisions of
the hearing board shall be confidential.
(d) RELEASE OF RECORDS FOR JUDICIAL ACTION.—
The records and decisions of hearing boards may be made
public if required 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 executive director’s proceedings with the
Committee on Standards and Official Conduct of the
House of Representatives and the Select Committee on
Ethics of the Senate to ensure effectiveness, to avoid du-
plication, and to prevent penalizing cooperation by re-
spondents in the respective proceedings.
SEC. 15. 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) an employee on the staff of a committee or
subcommittee,
(3) an employee on the staff of a Member of
the House of Representatives or Senate,
(4) an officer or employee of the House of Rep-
resentatives or Senate elected by the House of Rep-
resentatives or Senate or appointed by a Member of
the House of Representatives or Senate, other than
those described in paragraphs (1) through (3), or
(5) an applicant for a position that is to be oc-
cupied by an individual described in paragraphs (1)
through (4).
SEC. 16. OTHER REVIEW PROHIBITED.
No congressional employee may commence a judicial
proceeding to redress practices prohibited under section
5, except as provided in this Act.
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