•HR 4822 RS1S
(A) the personal office of any Member of the
House of Representatives or of any Senator;
(B) a standing, select, special, permanent,
temporary, or other committee of the Senate or
House of Representatives, or a joint committee of
Congress;
(C) the Office of the Vice President (as
President of the Senate), the Office of the Presi-
dent pro tempore of the Senate, the Office of the
Majority Leader of the Senate, the Office of the
Minority Leader of the Senate, the Office of the
Majority Whip of the Senate, the Office of the
Minority Whip of the Senate, the Conference of
the Majority of the Senate, the Conference of the
Minority of the Senate, the Office of the Sec-
retary of the Conference of the Majority of the
Senate, the Office of the Secretary of the Con-
ference of the Minority of the Senate, the Office
of the Secretary for the Majority of the Senate,
the Office of the Secretary for the Minority of the
Senate, the Majority Policy Committee of the
Senate, and the Minority Policy Committee of
the Senate;
(D) the office of the Speaker of the House of
Representatives, the Office of the Majority Lead-
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er of the House of Representatives, the Office of
the Minority Leader of the House of Representa-
tives, the Offices of the Chief Deputy Majority
Whips, the Offices of the Chief Deputy Minority
Whips;
(E) the Office of the Legislative Counsel of
the Senate, the Office of the Senate Legal Coun-
sel, the Office of the Legislative Counsel of the
House of Representatives, the Office of the Gen-
eral Counsel of the House of Representatives, the
Office of the Parliamentarian of the House of
Representatives or of the Senate;
(F) the offices of any caucus or party orga-
nization; and
(G) the Congressional Budget Office, the Of-
fice of Technology Assessment, and the Office of
Congressional Fair Employment Practices.
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), subsections (a) and (b) shall be effective on
the effective date of the rules issued under subsection
(c), or on July 1, 1996, whichever is earlier.
(2) CERTAIN OFFICES.—With respect to the of-
fices listed in subsection (d)(2), to the covered employ-
ees of such offices, and to representatives of such em-
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ployees, subsections (a) and (b) shall be effective on
the effective date of rules issued under subsection (d)
and approved under section 204(f).
SEC. 108. STUDY AND RECOMMENDATIONS REGARDING
GENERAL 
ACCOUNTING 
OFFICE, 
GOVERN-
MENT PRINTING OFFICE, AND LIBRARY OF
CONGRESS.
(a) IN GENERAL.—The Board shall undertake a study
of—
(1) the application of the laws listed in sub-
section (b) to—
(A) the General Accounting Office;
(B) the Government Printing Office;
(C) the Library of Congress; and
(D) any other entity in the legislative
branch of the Government not covered by all of
the sections of this title; and
(2) the regulations and procedures used by the
instrumentalities and other entities referred to in
paragraph (1) to apply and enforce such laws to
themselves and their employees.
(b) APPLICABLE STATUTES.—The study under this
section shall consider the application of the following laws:
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(1) Title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.), and related provisions of section
2302 of title 5, United States Code.
(2) The Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.), and related provi-
sions of section 2302 of title 5, United States Code.
(3) The Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.), and related provisions of
section 2302 of title 5, United States Code.
(4) The Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.), and related provisions of sec-
tions 6381 through 6387 of title 5, United States
Code.
(5) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.), and related provisions of sections
5541 through 5550a of title 5, United States Code.
(6) Section 19 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 668), and related pro-
visions of section 7902 of title 5, United States Code.
(7) Chapter 71 of title 5, United States Code.
(8) The General Accounting Office Personnel Act
of 1980 (31 U.S.C. subchapter III of chapter 7).
(c) CONTENTS OF STUDY AND RECOMMENDATIONS.—
The study under this section shall evaluate whether the
rights, protections, and procedures applicable to the Con-
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gressional instrumentalities and other entities referred to
in subsection (a) and their employees are at least as com-
prehensive and effective as those required by this title and
title III, and shall include recommendations for any im-
provements in such regulations and procedures and for any
legislation.
(d) DEADLINE AND DELIVERY OF STUDY.—Not later
than July 1, 1996, the Board shall prepare and complete
the study and recommendations required under this section
and shall submit the study and recommendations to the
head of each instrumentality or other entity considered by
the study, and to the responsible oversight committees of the
House of Representatives and of the Senate.
TITLE II—OFFICE OF CONGRES-
SIONAL 
FAIR 
EMPLOYMENT
PRACTICES—ESTABLISHMENT
AND OPERATIONS
SEC. 201. ESTABLISHMENT OF OFFICE OF CONGRESSIONAL
FAIR EMPLOYMENT PRACTICES.
There is hereby established, as an independent office
within the legislative branch of the Government, the Office
of Congressional Fair Employment Practices.
SEC. 202. BOARD OF DIRECTORS.
(a) IN GENERAL.—There shall be a Board of Directors
of the Office (the ‘‘Board’’), to be composed of 5 members.
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(b) APPOINTMENT.—
(1) TWO MEMBERS BY LEADERS OF HOUSE OF
REPRESENTATIVES.—The Speaker of the House of
Representatives shall appoint two members, of
whom—
(A) one shall be appointed in accordance
with the recommendation of the Majority Leader
in consultation with the Minority Leader; and
(B) one shall be appointed in accordance
with the recommendation of the Minority Leader
in consultation with the Majority Leader.
(2) TWO MEMBERS BY LEADERS OF SENATE.—
The President pro tempore of the Senate shall appoint
two members, of whom—
(A) one shall be appointed in accordance
with the recommendation of the Majority Leader
in consultation with the Minority Leader; and
(B) one shall be appointed in accordance
with the recommendation of the Minority Leader
in consultation with the Majority Leader.
(3) CHAIR.—The Chair shall be appointed joint-
ly by the Speaker of the House of Representatives and
the President pro tempore of the Senate from among
candidates jointly recommended by the Majority
Leader and the Minority Leader of the House of Rep-
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resentatives and candidates jointly recommended by
the Majority Leader and the Minority Leader of the
Senate.
(c) QUALIFICATIONS.—
(1) IN GENERAL.—Selection and appointment of
members shall be without regard to political affili-
ation and solely on the basis of fitness to perform the
duties of the office.
(2) SPECIFIC
QUALIFICATIONS.—Members shall
have training or experience in the application of the
rights, protections, and remedies under one or more
of the statutes made applicable by sections 101
through 107.
(3) DISQUALIFICATIONS.—No individual shall be
eligible to serve on the Board who—
(A) is a current or former—
(i) Member of the House of Representa-
tives or a Senator;
(ii) elected officer of the House of Rep-
resentatives or the Senate; or
(iii) head of a congressional instru-
mentality referred to in subparagraphs (C)
through (F) of section 3(1) or paragraph
(1), (2), or (3) of section 108(a);
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(B) is, or has been within the 6 years prior
to appointment, a covered employee or otherwise
an employee of an instrumentality or other en-
tity of the legislative branch, other than an em-
ployee of an office of fair employment practices
or personnel appeals board; or
(C) engages in, or is otherwise employed in,
lobbying of the Congress and who is required
under the Federal Regulation of Lobbying Act to
register with the Clerk of the House of Represent-
atives or the Secretary of the Senate.
(d) TIME FOR ORIGINAL BOARD APPOINTMENTS.—All
members shall be appointed to the Board pursuant to sub-
section (b) not later than 120 days after the date of enact-
ment of this Act.
(e) APPOINTMENTS TO FILL VACANCIES
ON
THE
BOARD.—Any vacancy in the membership of the Board
shall be filled in the same manner as the original appoint-
ment for the vacant position.
(f) TERMS OF OFFICE FOR BOARD MEMBERS.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the term of appointment of each
member of the Board shall be 6 years. No member
shall be appointed to more than 2 consecutive 6-year
terms of office.
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(2) TERMS OF OFFICE FOR ORIGINAL BOARD AP-
POINTMENTS.—
(A) TWO MEMBERS THROUGH JANUARY 3,
1998.—The terms of the members originally ap-
pointed pursuant to subsection (b)(1) shall ter-
minate at noon on January 3, 1998.
(B) TWO MEMBERS THROUGH JANUARY 3,
2000.—The terms of the members originally ap-
pointed pursuant to subsection (b)(2) shall ter-
minate at noon on January 3, 2000.
(C) ONE
MEMBER
THROUGH
JANUARY
3,
2002.—The term of the Chair originally ap-
pointed shall terminate at noon on January 3,
2002.
(3) TERMS OF OFFICE FOR MID-TERM APPOINT-
MENTS TO THE BOARD.—An individual appointed to
fill a vacancy occurring before the expiration of a
term of office shall be appointed for the remainder of
the term. However, if the unexpired part of a term is
less than one year, the individual may be appointed
for a 6-year term plus the unexpired part of the term.
(4) SERVICE AFTER EXPIRATION OF TERM.—A
member may continue to serve after the expiration of
his or her term until his successor has taken office, ex-
cept that he or she may not continue to serve for more
•HR 4822 RS1S
than 1 year after the date on which his or her term
expired.
(g) REMOVAL OF BOARD MEMBERS.—
(1) IN GENERAL.—The Speaker of the House of
Representatives and the President pro tempore of the
Senate, acting in accordance with the recommenda-
tion of any 3 of the 4 Majority Leaders and Minority
Leaders of the two Houses of Congress, may remove
any member from the Board but only for—
(A) disability that substantially prevents
the member from carrying out the duties of such
a member;
(B) incompetence;
(C) neglect of duty;
(D) malfeasance in office;
(E) a felony or conduct involving moral
turpitude; or
(F) holding an office or employment or en-
gaging in an activity that disqualifies the indi-
vidual from service as a member of the Board
under subsection (c)(3).
(2) STATEMENT OF REASONS FOR REMOVAL.—In
removing any member from the Board, the Speaker of
the House of Representatives and the President pro
tempore of the Senate shall state in writing to the
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member being removed the specific reasons for the re-
moval.
(h) RESPONSIBILITIES OF CHAIR; ACTING CHAIR.—
The Chair shall preside at all sessions of the Board and
shall fulfill the responsibilities of the Chair as specifically
stated in other sections of this Act. The Chair may designate
any other member as Acting Chair. During any period
when the position of the Chair is vacant, the other members
shall, by majority vote, designate any member as Acting
Chair. The Acting Chair may act in the place and stead
of the Chair during his or her absence or when the position
of the Chair is vacant.
(i) MEETINGS.—The Board shall meet at least 4 times
annually. All meetings of the Board shall be in the District
of Columbia.
(j) QUORUM; ACTION BY MAJORITY VOTE.—A quorum
for the transaction of business shall consist of at least 3
members present. Each member, including the Chair, shall
have one vote. Actions of the Board shall be determined by
a majority vote of the members present. Any vacancy shall
not affect the power of the remaining members to fulfill the
duties of the Board, provided that a quorum is present.
(k) COMPENSATION OF MEMBERS.—Each member of
the Board other than the Chair shall be compensated at a
rate equal to the daily equivalent of the annual rate of basic
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pay prescribed for level V of the Executive Schedule under
section 5316 of title 5, United States Code, for each day
(including travel time) during which such member is en-
gaged in the performance of the duties of the Board. The
Chair shall be compensated in the same manner at a rate
equal to the daily equivalent of the annual rate of basic
pay prescribed for level IV of the Executive Schedule under
section 5316 of title 5, United States Code.
(l) TRAVEL EXPENSES.—Each member of the Board
of Directors shall receive travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title 5,
United States Code, for each day the member is engaged
in the performance of duties away from the home or regular
place of business of the member.
SEC. 203. OFFICERS, STAFF, AND OTHER PERSONNEL.
(a) DIRECTOR.—
(1) IN GENERAL.—The Chair, subject to the ap-
proval of the Board, shall appoint and may remove
a Director. Selection and appointment of the Director
shall be without regard to political affiliation and
solely on the basis of fitness to perform the duties of
the office. No person described in subparagraph (A) or
(B) of section 202(c)(3) may be appointed Director.
•HR 4822 RS1S
(A) exercise the authorities and perform the
duties of the General Counsel as specified in this
Act; and
(B) otherwise assist the Board and the Di-
rector in carrying out their duties and powers.
(4) ATTORNEYS IN THE OFFICE OF THE GEN-
ERAL COUNSEL.—The General Counsel shall appoint,
and fix the compensation of, and may remove, such
additional attorneys as may be necessary to enable
the General Counsel to perform his or her duties.
(c) OTHER STAFF.—The Director shall appoint, and
fix the compensation of, and may remove, such other addi-
tional staff, including hearing officers, but not including
attorneys employed in the office of the General Counsel, as
may be necessary to enable the Office to perform its duties.
(d) DETAILED PERSONNEL.—The Director may, with
the prior consent of the Government department or agency
concerned, use on a reimbursable or nonreimbursable basis
the services of personnel of any such department or agency,
including the services of members or personnel of the Gen-
eral Accounting Office Personnel Appeals Board.
(e) CONSULTANTS.—In carrying out the functions of
the Office, the Director may procure the temporary (not to
exceed 1 year) or intermittent services of consultants.
•HR 4822 RS1S
SEC. 204. RULEMAKING BY THE OFFICE.
(a) RULES OF THE OFFICE.—
(1) IN GENERAL.—Not later than 180 days after
the appointment of a quorum of the Board, the Board
shall issue final rules of organization, procedures, and
practice (within the meaning of section 553(b)(A) of
title 5, United States Code), including rules on the
procedures of the Board and rules of procedure and
practice for proceedings before hearing officers and be-
fore the Board. Such rules may also specify authori-
ties and duties of the Director, the General Counsel,
and other personnel of the Office, consistent with the
authorities and duties granted and imposed under
this Act to clarify or establish the manner in which
the Office, including the Board, individual hearing
officers, and the General Counsel, shall interpret,
apply, and implement the substantive provisions,
remedies, authorities, and procedures set forth and re-
ferred to in this Act.
(2) RULEMAKING PROCEDURE.—Rules under this
subsection—
(A) shall be issued in accordance with sub-
section (d);
(B) shall, subject to subparagraph (C), be-
come effective immediately, except for rules of
procedure and practice for proceedings before
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hearing officers and before the Board, which
shall become effective 60 calendar days of contin-
uous session after the rules are issued; and
(C) shall be subject to disapproval by Con-
gress by concurrent resolution passed pursuant
to subsection (e) not later than 60 calendar days
of continuous session after the rules are issued.
(b) RULES OF INTERPRETATION AND POLICY.—
(1) IN GENERAL.—The Board shall adopt such
interpretative rules and such general statements of
policy (within the meaning of section 553(b)(A) of
title 5, United States Code) as the Board may deter-
mine are necessary to clarify or establish the manner
in which the Office, including the Board, individual
hearing officers, and the General Counsel, shall inter-
pret, apply, and implement the substantive provi-
sions, remedies, authorities, and procedures set forth
and referred to in this Act.
(2) RULEMAKING PROCEDURE.—Rules under this
subsection—
(A) shall be issued in accordance with sub-
section (d);
(B) shall, subject to subparagraph (C), be-
come effective not less than 60 calendar days of
continuous session after the rules are issued, ex-
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cept as may be otherwise provided by the Board
for good cause found (within the meaning of sec-
tion 553(d)(3) of title 5, United States Code)
and published with the rule; and
(C) shall be subject to disapproval by Con-
gress by concurrent resolution passed pursuant
to subsection (e) not later than 60 calendar days
of continuous session after the rules are issued.
(c) SUBSTANTIVE RULES, HAVING THE FORCE AND
EFFECT OF LAW.—
(1) IN GENERAL.—The Board shall adopt such
substantive rules, having the force and effect of law,
as the Board may determine are necessary or desir-
able to apply statutory provisions under title I in a
manner that will fulfill the purposes of those provi-
sions and of this Act.
(2) RULEMAKING PROCEDURE.—Rules under this
subsection—
(A) shall be issued in accordance with sub-
section (d);
(B) shall be issued subject to approval by
Congress by passage of a joint resolution or stat-
ute in accordance with subsection (f); and
(C) shall become effective and have the force
and effect of law not less than 30 days after the
•HR 4822 RS1S
approval referred to in subparagraph (C), except
that a lesser period may be provided by the
Board for good cause found (within the meaning
of section 553(d)(3) of title 5, United States
Code) and published with the rule.
(d) PUBLICATION AND ISSUANCE.—
(1) RULEMAKING PROCEDURE.—The Board shall
issue rules described in subsections (a), (b), and (c)
in accordance with the principles and procedures set
forth in section 553 of title 5, United States Code.
The Board shall publish a general notice of proposed
rulemaking under section 553(b) of title 5, United
States Code, but, instead of publication of a general
notice of proposed rulemaking in the Federal Register,
the Board shall transmit such notice to the Speaker
of the House of Representatives and the President pro
tempore of the Senate for publication in the Congres-
sional Record on the first day on which both Houses
are in session following such transmittal. Prior to is-
suing rules, the Board shall provide a comment pe-
riod of at least 30 days after publication of a general
notice of proposed rulemaking. Upon issuing final
rules, the Board shall transmit notice of such action
together with a copy of such rules to the Speaker of
the House of Representatives and the President pro
•HR 4822 RS1S
tempore of the Senate for publication in the Congres-
sional Record on the first day on which both Houses
are in session following such transmittal. Rules shall
be considered issued by the Board as of the date on
which they are published in the Congressional Record.
(2) SPECIFICATION OF WHETHER A RULE IS TO
HAVE THE FORCE AND EFFECT OF LAW.—If the Board
intends that any rule is to have the force and effect
of law, in accordance with subsection (c), the Board
shall so specify in the general notice of proposed rule-
making and in the final rule. In the case of any final
rule intended to have the force and effect of law, the
Board may also specify in the final rule that, prior
to (or in the absence of) approval in accordance with
subsection (f), the rule shall become effective in ac-
cordance with subsection (a) or (b).
(e) CONGRESSIONAL
DISAPPROVAL.—Rules issued
under subsection (a) or (b) may be disapproved, in whole
or in part, by passage by Congress of a concurrent resolu-
tion within 60 calendar days of continuous session after
such rules are issued. Such resolution shall be introduced
in the House of Representatives or the Senate on or after
the date of issuance of the rules to which the concurrent
resolution applies. The matter after the resolving clause of
the concurrent resolution shall be or shall include the follow-
•HR 4822 RS1S
ing: ‘‘[Section(s) ll of] the rules issued by the Office on
Congressional Fair Employment Practices on ll and en-
titled ll, are hereby disapproved’’ (the blank spaces being
appropriately filled in, and the bracketed material being
used if necessary).
(f) CONGRESSIONAL
APPROVAL
OF
SUBSTANTIVE
RULES.—Rules issued under subsection (c) shall not have
the force and effect of law until approved by the Congress
by passage of a joint resolution or by statute. In the case
of a joint resolution, the matter after the resolving clause
shall be the following; and, in the case of a bill, the matter
after the enacting clause shall be or shall include the follow-
ing: ‘‘The rules issued by the Office on Congressional Fair
Employment Practices on ll and entitled ll are here-
by approved and shall have the force and effect of law’’ (the
blank spaces being appropriately filled in). A joint resolu-
tion approving the rules shall be introduced and considered
by the Congress under the rules set forth in section 401.
(g) AMENDMENT OF RULES.—The rules described in
subsections (a), (b), and (c) may be amended in the same
manner as is described in subsections (d), (e), and (f), ex-
cept that the Board may, in its discretion, dispense with
publication of a general notice of proposed rulemaking of
minor, technical, or urgent amendments that satisfy the cri-
•HR 4822 RS1S
teria for dispensing with publication of such notice pursu-
ant to section 553(b) of title 5, United States Code.
(h) RIGHT TO PETITION FOR RULEMAKING.—Any in-
terested party may petition to the Board for the issuance,
amendment, or repeal of a rule.
(i) APPLICATION
OF EXECUTIVE AGENCY REGULA-
TIONS BY REFERENCE.—
(1) IN GENERAL.—The Board may, by specific
reference in rules issued under this section, apply reg-
ulations issued by any Executive agency, including, if
the Board so specifies, regulations yet to be issued by
the Executive agency. However, no regulation issued
by an Executive agency that would apply to, or affect
only, or substantially only, the Congress or any in-
strumentality or other entity of the legislative branch
may be made applicable by the Board by reference.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘Executive agency’’ has the same
meaning given such term in section 105 of title 5,
United States Code.
(j) JUDICIAL DEFERENCE TO RULES.—In any action
under section 305 of this Act—
(1) the court shall afford due deference to any
rule issued and effective under subsection (a) or (b);
and
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(2) any rule issued and effective under subsection
(c) shall have the force and effect of law.
(k) CONSULTATION.—The Director and the Board—
(1) shall consult, with regard to the development
and issuance of rules, with—
(A) the Chairman of the Administrative
Conference of the United States;
(B) the Secretary of Labor;
(C) the Federal Labor Relations Authority;
and
(D) the Director of the Office of Personnel
Management; and
(2) may consult with any other persons with
whom consultation, in the opinion of the Board or the
Director, may be helpful.
SEC. 205. INFORMATION PROGRAM.
The Board shall conduct an information program to
inform Members of the House of Representatives, Senators,
elected officers of either House, heads of employing offices,
and covered employees about the provisions made applicable
to them under this Act.
SEC. 206. DATA COLLECTION AND REPORT.
The Director shall compile and annually publish sta-
tistics with respect to contacts and complaints filed with
the Office under this Act. Such statistics shall include the
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total numbers of contacts and complaints, and a breakdown
regarding—
(1) the kinds of allegations made in contacts
with the Office and complaints filed with the Office;
(2) the time required by the Office to conduct
proceedings and resolve various types of matters;
(3) the number of complaints resolved by settle-
ment, by decision under section 303, or by with-
drawal of the complaint; and
(4) for each category of allegation, the amounts
of monetary compensation granted in settlements and
awards.
SEC. 207. EXPENSES OF THE OFFICE.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Begin-
ning in fiscal year 1995, and for each fiscal year thereafter,
there are authorized to be appropriated for the expenses of
the Office such sums as may be necessary to carry out the
functions of the Office. Until sums are first appropriated
pursuant to the preceding sentence, but for a period not
exceeding 12 months following the date of enactment of this
Act, the expenses of the Office shall be paid 50 percent from
the contingent fund of the Senate, and 50 percent from the
contingent fund of the House, upon vouchers approved by
the Director.
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(b) WITNESS FEES AND ALLOWANCES.—Except for
covered employees, witnesses before a hearing officer or the
Board in any proceeding under title I other than rule-
making shall be paid the same fee and mileage allowances
as are paid subpoenaed witnesses in the courts of the United
States. Covered employees who are summoned, or are as-
signed by their employer, to testify in their official capacity
or to produce official records before a mediator, hearing offi-
cer, or the Board in any proceeding under this Act shall
be entitled to travel expenses under subchapter I and section
5751 of chapter 57 of title 5, United States Code.
TITLE III—ADMINISTRATIVE AND
JUDICIAL 
DISPUTE-RESOLU-
TION PROCEDURES
SEC. 301. COUNSELING.
(a) INITIATION.—Any employee referred to in section
104(1) may, within the time specified in section 307, re-
quest counseling.
(b) PURPOSE.—The Office shall provide the employee
with all relevant information with respect to the rights and
remedies as provided under this Act and shall provide an
opportunity for discussion, evaluation, and guidance to as-
sist the employee in evaluating and resolving the matter.
(c) PERIOD OF COUNSELING.—The period for counsel-
ing shall begin on the date on which the request for counsel-
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ing is received and shall be 30 days unless the employee
and the Office agree to reduce the period.
(d) NOTIFICATION OF END OF COUNSELING PERIOD.—
The Office shall notify the employee in writing when the
counseling period has ended.
(e) EMPLOYEES OF THE ARCHITECT OF THE CAPITOL
AND CAPITOL POLICE.—In the case of an employee of the
Architect of the Capitol or an employee who is a member
of the Capitol Police, the Director may refer the employee
to the Architect of the Capitol or the Capitol Police Board
for resolution of the employee’s grievance through internal
grievance procedures of the Architect of the Capitol or the
Capitol Police Board for a specific period of time, which
shall not count against the time available for counseling
or mediation under this Act.
SEC. 302. MEDIATION.
(a) APPLICABILITY.—Except as otherwise expressly
provided in this Act, the provisions of this section shall gov-
ern all mediation conducted by the Office pursuant to this
Act.
(b) INITIATION.—Not later than 15 days after the Of-
fice notifies an employee of the end of the counseling period
under section 301(d), the employee may file a request for
mediation with the Office. Mediation may also be initiated
pursuant to sections 105(d)(2) and 106(c)(5).
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(c) MEDIATION PROCESS.—The Director shall specify
one or more individuals to mediate any dispute. In identi-
fying individuals to mediate, the Director shall consider in-
dividuals who are recommended to the Director by the Fed-
eral Mediation and Conciliation Service, the Administra-
tive Conference of the United States, or other appropriate
organizations.
(d) MEDIATION PERIOD.—
(1) IN GENERAL.—The mediation period shall be
60 days, beginning on the date the request for medi-
ation is received by the Office.
(2) EXTENSION.—The mediation period may be
extended for an additional 30 days at the discretion
of the Director. If the Director authorizes factfinding
under subsection (e), the Director may extend the me-
diation period for up to 60 additional days. The me-
diation period may be extended for additional periods
at the joint request of the employee and the employing
office.
(e) FACTFINDING IN AID OF MEDIATION.—Upon the
recommendation of the mediator (at the request of the em-
ployee or the employing office, or on the mediator’s own
initiative), the Director may authorize factfinding in aid
of resolving the dispute through mediation. The Director
may assign an employee of the Office or appoint a consult-
•HR 4822 RS1S
ant to conduct the factfinding on issues identified by the
mediator. The individual conducting the factfinding shall
report to the mediator the results of the factfinding. Such
results shall not be admissible in any subsequent proceeding
under this Act or in any other proceeding.
(f) NOTIFICATION OF END OF MEDIATION PERIOD.—
The Office shall notify the employee and the head of the
employing office in writing when the mediation period has
ended.
(g) INDEPENDENCE OF MEDIATION PROCESS.—No in-
dividual appointed by the Director to mediate or to be a
factfinder in aid of the mediator may conduct or aid in
the hearing conducted under section 303 with respect to the
same matter or shall be subject to subpoena or any other
compulsory process with respect to the same matter.
SEC. 303. COMPLAINT AND HEARING.
(a) APPLICABILITY.—Except as otherwise expressly
provided in this Act, the provisions of this section shall gov-
ern all hearings conducted by a hearing officer pursuant
to this Act.
(b) COMPLAINT.—Any complaint shall be filed with the
Office against the employing office. Any complaint required
by this Act to be preceded by counseling and mediation may
not be filed unless the employee has made a timely request