Sec. 101. Description of procedures available for consideration of alleged violations
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Section 401 ( 2 U.S.C. 1401 ) is amended to read as follows: Except as otherwise provided in this Act, the procedure for consideration of an alleged violation of part A of title II consists of— notification of intent to file, and filing of, a claim by the covered employee alleging the violation, as provided in section 402, which may be followed, as described in section 403(a), with mediation under section 403; and an election of proceeding, as provided in this section, of— a formal hearing as provided in section 405, subject to Board review as provided in section 406, and judicial review in the United States Court of Appeals for the Federal Circuit as provided in section 407; a civil action in a district court of the United States as provided in section 408; or in the case of a Library claimant (as defined in subsection (d)(1)), a proceeding described in subsection (d)(2) that relates to the violation at issue.
A covered employee who seeks to make— the election described in subsection (a)(2)(A) shall file the request for the formal hearing as provided in section 405(a)(1), by the deadline described in paragraph (2); or the election described in subsection (a)(2)(B) shall file the civil action as provided in section 408, by the deadline described in paragraph (2). The deadline described in this paragraph shall be 90 days after the later of— the date on which either party opts out of mediation under section 402(c); or the end of the period of mediation under section 403(c).
If the covered employee— elects to file a request for a formal hearing as provided in section 405(a), the procedure for consideration of the claim shall not include a civil action or other proceeding described in subparagraph
(B)or
(C)of subsection (a)(2); or elects to file a civil action as provided in section 408(a), the procedure for consideration of the claim shall not include any formal hearing, review, or other proceeding described in subparagraph
(A)or
(C)of subsection (a)(2). In the case of an employee of the Office of the Architect of the Capitol or of the Capitol Police, the Office, after receiving a claim filed under section 402, may recommend that the employee use, for a specific period of time, the grievance procedures of the Architect of the Capitol or the Capitol Police for resolution of the employee’s grievance. If the grievance procedures do not resolve the grievance, the employee may resume the procedure described in subsection (a), starting with section 403, except that the deadline for opting out of mediation under that section shall be 10 business days after the last day of the grievance procedures. In this subsection: The term direct Act means an Act (other than this Act), or provision of the Revised Statutes, that is specified in section 201, 202, or 203. The term direct provision means a provision (including a definitional provision) of a direct Act that applies the rights or protections of a direct Act (including rights and protections relating to nonretaliation or noncoercion) to a Library claimant. The term Library claimant means, with respect to a direct provision, an employee of the Library of Congress who is covered by that direct provision. A Library claimant who initially files a claim for an alleged violation as provided in section 402 may, instead of proceeding with the claim in accordance with sections 403 (if applicable) and 405 or filing a civil action in accordance with section 408, during the period described in subsection (b)(2) but before the Office commences a formal hearing under section 405, elect to bring the claim for a proceeding before the corresponding Federal agency, under the corresponding direct provision. A Library claimant who initially brings a claim, complaint, or charge under a direct provision for a proceeding before a Federal agency may, prior to requesting a hearing under the agency's procedures, elect to— continue with the agency's procedures and preserve the option (if any) to bring any civil action relating to the claim, complaint, or charge, that is available to the Library claimant; or file a claim with the Office under section 402, make an election under subparagraph
(A)or
(B)of section 401(a)(2), and continue with the corresponding procedures of this subtitle. This subsection shall take effect and shall apply as described in section 153(c) of the Legislative Branch Appropriations Act, 2018 ( Public Law 115–141 ) (except to the extent such section applies to any violation of section 210 or a provision of an Act specified in section 210). Nothing in this Act may be construed to limit the authority of any particular individual, including a covered employee, the head of an employing office, or an individual who has a right to intervene under section 415(d)(6), to retain private counsel to protect the interests of the particular individual at any point during any of the procedures provided under this Act for the consideration of an alleged violation of part A of title II, including procedures described in section 415(d)(6). Each designated representative of a party, and unrepresented party, participating in any of the procedures (including proceedings) provided under this Act shall have an obligation to ensure that, to the best of that designated representative or unrepresented party's knowledge, information, and belief, as formed after an inquiry which is reasonable under the circumstances, each of the following is correct: No pleading, written motion, or other paper is presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of resolution of the matter. The claims, defenses, and other legal contentions the designated representative or unrepresented party advocates are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law. The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for discovery. The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information. If a decisionmaker described in subparagraph
(B)determines that a designated representative of a party, or unrepresented party, has failed to comply with the standards specified in paragraph (1), then that decisionmaker may impose appropriate sanctions. A decisionmaker described in subparagraph
(A)is— a hearing officer or mediator chosen from the list specified in section 405(c)(2), who is not serving as a hearing officer or mediator to resolve any claim filed under section 402 that is associated with— the designated representative or unrepresented party; or an individual identified in claim. . Section 408(a) ( 2 U.S.C. 1408(a) ) is amended— by striking section 404 and inserting section 401 ; by striking who has completed counseling under section 402 and mediation under section 403 and inserting who filed a timely claim under section 402, elected to file a civil action under section 401(a)(2)(B), and made a timely filing under this section as described in section 401(b) ; and by striking the second sentence. Title IV is amended by striking section 404 ( 2 U.S.C. 1404 ). The table of contents is amended by striking the item relating to section 404.
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Sec. 101
Description of procedures available for consideration of alleged violations
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