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2 U.S.C. § 1403 — Mediation
Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability of mediation**
(1) **Notification regarding mediation**
(A) *Covered employee* — Upon receipt of a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim), the Office shall notify the covered employee who filed the claim about the process for mediation under this section and the deadlines applicable to such mediation.
(B) *Employing office* — Upon transmission to the employing office of the claim pursuant to [section 1402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402/b&num=0&edition=prelim), the Office shall notify the employing office about the process for mediation under this section and the deadlines applicable to such mediation.
(2) **Initiation**
(A) *In general* — During the period described in subparagraph (B), either the covered employee who filed a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) or the employing office named in the claim may file a request for mediation with the Office, which shall promptly notify the other party. If the other party agrees to the request, the Office shall promptly assign a mediator to the claim, and conduct mediation under this section.
(B) *Timing* — A covered employee or an employing office may file a request for mediation under subparagraph (A) during the period beginning on the date that the covered employee or employing office, respectively, receives a notification under paragraph (1) regarding a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) and ending on the date o
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Stable record: federal_law:legal_authorities:record_usc_b6a102a68289e374ad58d7ba
Source file: Laws/federal/codes/united-states-code/title-2/section-1403-mediation--f6d88fe393.md
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Source location: Title 2, Chapter 24, § 1403; chapter-024-congressional-accountability.md
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**(a) Availability of mediation**
(1) **Notification regarding mediation**
(A) *Covered employee* — Upon receipt of a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim), the Office shall notify the covered employee who filed the claim about the process for mediation under this section and the deadlines applicable to such mediation.
(B) *Employing office* — Upon transmission to the employing office of the claim pursuant to [section 1402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402/b&num=0&edition=prelim), the Office shall notify the employing office about the process for mediation under this section and the deadlines applicable to such mediation.
(2) **Initiation**
(A) *In general* — During the period described in subparagraph (B), either the covered employee who filed a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) or the employing office named in the claim may file a request for mediation with the Office, which shall promptly notify the other party. If the other party agrees to the request, the Office shall promptly assign a mediator to the claim, and conduct mediation under this section.
(B) *Timing* — A covered employee or an employing office may file a request for mediation under subparagraph (A) during the period beginning on the date that the covered employee or employing office, respectively, receives a notification under paragraph (1) regarding a claim under [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) and ending on the date on which a hearing officer issues a written decision relating to the claim under [section 1405(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405/g&num=0&edition=prelim) or the covered employee files a civil action with respect to the claim in accordance with [section 1408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1408&num=0&edition=prelim), as applicable.
(3) **Failure to request or accept mediation to have no effect on treatment of claim** — The failure of a party to request mediation under this section with respect to a claim, or the failure of a party to agree to a request for mediation under this section, may not be taken into consideration under any procedure under this title with respect to the claim, including a preliminary review under [section 1402a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a&num=0&edition=prelim), a formal hearing under [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405&num=0&edition=prelim), or a civil action under [section 1408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1408&num=0&edition=prelim).
**(b) Process** Mediation under this section—
(1) may include the Office, the covered employee, the employing office, and one or more individuals appointed by the Executive Director from the master list developed and maintained under subsection (e), and
(2) shall involve meetings with the parties during which, at the request of any of the parties, the parties shall be separated, for the purpose of resolving the dispute between the covered employee and the employing office.
**(c) Mediation period** The mediation period shall be 30 days, beginning on the first day after the second party agrees to the request for the mediation. The mediation period may be extended for one additional period of 30 days at the joint request of the covered employee and employing office. Any deadline in this chapter relating to a claim for which mediation has been agreed to in this section, that has not already passed by the first day of the mediation period, shall be stayed during the mediation period. The Office shall notify in writing the covered employee and the employing office when the mediation period has ended.
**(d) Independence of mediation process** No individual, who is appointed by the Executive Director to mediate, may conduct or aid in a hearing conducted under [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405&num=0&edition=prelim) with respect to the same matter or shall be subject to subpoena or any other compulsory process with respect to the same matter.
**(e) Master list of mediators**
(1) **Development and maintenance of master list** — The Executive Director shall develop and maintain a master list of individuals who are experienced in adjudicating, arbitrating, or mediating the kinds of personnel and other matters for which mediation may be held under this section. Such list may include, but not be limited to, members of the bar of a State or the District of Columbia and retired judges of the United States courts.
(2) **Consideration of candidates** — In developing the master list under this subsection, the Executive Director shall consider candidates recommended by the Federal Mediation and Conciliation Service or the Administrative Conference of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 104–1, title IV, § 404, Jan. 23, 1995, 109 Stat. 33; Pub. L. 114–6, § 2(b), Mar. 20, 2015, 129 Stat. 81; Pub. L. 115–141, div. I, title I, § 153(b)(2), Mar. 23, 2018, 132 Stat. 786, related to election of proceeding.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction** The district courts of the United States shall have jurisdiction over any civil action commenced under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401&num=0&edition=prelim) and this section by a covered employee.
**(b) Parties** The defendant shall be the employing office alleged to have committed the violation, or in which the violation is alleged to have occurred.
**(c) Jury trial** Any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by this chapter. In any case in which a violation of [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 1311(b)(1) or 1311(b)(3) of this title.
**(d) Appearances by House Employment Counsel**
(1) **In general** — The House Employment Counsel of the House of Representatives and any other counsel in the Office of House Employment Counsel of the House of Representatives, including any counsel specially retained by the Office of House Employment Counsel, shall be entitled, for the purpose of providing legal assistance and representation to employing offices of the House of Representatives under this chapter, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this paragraph shall not apply with respect to the admission of any such person to practice before the Unit
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for hearings to commence in Office**
(1) **Hearing required upon request** — If, not later than 10 days after a hearing officer submits the report on the preliminary review of a claim under [section 1402a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/c&num=0&edition=prelim), a covered employee submits a request to the Executive Director for a hearing under this section, the Executive Director shall appoint an independent hearing officer pursuant to subsection (c) to consider the claim and render a decision, and a hearing shall be commenced in the Office.
(2) **Exceptions** — Paragraph (1) does not apply with respect to the claim if—
(A) the hearing officer’s report on the preliminary review of the claim under [section 1402a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/c&num=0&edition=prelim) includes the determination that the individual filing the claim is not a covered employee who has stated a claim for which relief may be granted under this title (as described in [section 1402a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a/d&num=0&edition=prelim)); or
(B) the covered employee files a civil action as provided in [section 1408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1408&num=0&edition=prelim) with respect to the claim.
**(b) Dismissal** A hearing officer may dismiss any claim that the hearing officer finds to be frivolous or that fails to state a claim upon which relief may be granted.
**(c) Hearing officer**
(1) **Appointment** — Upon the filing of a request for a hearing under subsection (a), the Executive Director shall appoint an
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise specifically provided in this chapter, as used in this chapter:
(1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights.
(2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
(3) **Covered employee** — The term “covered employee” means any employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Office of Congressional Accessibility Services;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Capitol;
(G) the Office of the Attending Physician;
(H) the Office of Congressional Workplace Rights;
(I) the Office of Technology Assessment;
(J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or
(K) the John C. Stennis Center for Public Service Training and Development.
(4) **Employee** — The term “employee” includes an applicant for employment and a former employee.
(5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden.
(6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police.
(7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Claim**
(1) **Filing of claim** — To commence a proceeding under this subchapter, a covered employee alleging a violation of law made applicable under part A of subchapter II shall file a claim with the Office. The Office shall not accept a claim which is filed after the deadline applicable under subsection (d).
(2) **Contents of claim** — The claim filed under this section shall be made in writing under oath or affirmation, shall describe the facts that form the basis of the claim and the violation that is being alleged, shall identify the employing office alleged to have committed the violation or in which the violation is alleged to have occurred, and shall be in such form as the Office requires.
(3) **No effect on ability of covered employee to seek information from office or pursue relief** — Nothing in paragraph (2), or subsection (b) or (c), may be construed to limit the ability of a covered employee—
(A) to contact the Office or any other appropriate office prior to filing a claim under this section to seek information regarding the employee’s rights under this chapter and the procedures available under this chapter;
(B) in the case of a covered employee of an employing office of the House of Representatives or Senate, to refer information regarding an alleged violation of part A of subchapter II to the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate (as the case may be); or
(C) to file a civil action in accordance with [section 1401(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401/b&num=0&edition=prelim).
**(b) Initial processing of claim**
(1) **Intake and recording; notification to employing office** — Upon the filing of a claim by a covere
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preliminary review by hearing officer**
(1) **Appointment** — Not later than 7 days after transmission to the employing office of a claim pursuant to [section 1402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402/b&num=0&edition=prelim), the Executive Director shall appoint a hearing officer to conduct a preliminary review of the claim.
(2) **Process for appointment** — The Executive Director shall appoint a hearing officer under this subsection in the same manner and in accordance with the same requirements and procedures applicable to the appointment of a hearing officer under [section 1405(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405/c&num=0&edition=prelim).
**(b) Assessments required** In conducting a preliminary review of a claim under this section, the hearing officer shall assess each of the following:
(1) Whether the claimant is a covered employee authorized to obtain relief relating to the claim under this subchapter.
(2) Whether the office which is the subject of the claim is an employing office under this chapter.
(3) Whether the individual filing the claim has met the applicable deadlines for filing the claim under this subchapter.
(4) The identification of factual and legal issues involved with respect to the claim.
(5) The specific relief sought by the individual.
(6) Whether, on the basis of the assessments made under paragraphs (1) through (5), the individual filing the claim is a covered employee who has stated a claim for which, if the allegations contained in the claim are true, relief may be granted under this subchapter.
(7) The potential for the settlement of the claim without a formal hearing as provided under [section 1405 of this
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Entities subject to this section** The requirements of this section shall apply to—
(1) each office of the Senate, including each office of a Senator and each committee;
(2) each office of the House of Representatives, including each office of a Member of the House of Representatives and each committee;
(3) each joint committee of the Congress;
(4) the Office of Congressional Accessibility Services;
(5) the Capitol Police;
(6) the Congressional Budget Office;
(7) the Office of the Architect of the Capitol (including the Botanic Garden);
(8) the Office of the Attending Physician;
(9) the Office of Congressional Workplace Rights;
(10) the Office of Technology Assessment; and
(11) the Library of Congress.
**(b) Discrimination in public services and accommodations**
(1) **Rights and protections** — The rights and protections against discrimination in the provision of public services and accommodations established by sections 201 through 230, 302, 303, and 309 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131–121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131–121&num=0&edition=prelim)50, 12182, 12183, and 12189) shall apply to the entities listed in subsection (a).
(2) **Definitions** — For purposes of the application of title II of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12131&num=0&edition=prelim) et seq.) under this section, the term “public entity” means any entity listed in subsection (a) that provides public services, programs, or activities.
**(c) Remedy** The remedy for a violation of subsection (b) shall be such remedy as would be appropriate if awarded under section 203 or 308(a) of the Americans
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Executive Director**
(1) **Appointment and removal**
(A) *In general* — The Chair, subject to the approval of the Board, shall appoint and may remove an Executive Director. Selection and appointment of the Executive Director shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of the Office. The first Executive Director shall be appointed no later than 90 days after the initial appointment of the Board of Directors.
(B) *Qualifications* — The Executive Director shall be an individual with training or expertise in the application of laws referred to in [section 1302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1302/a&num=0&edition=prelim).
(C) *Disqualifications* — The disqualifications in [section 1381(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1381/d/2&num=0&edition=prelim) shall apply to the appointment of the Executive Director.
(2) **Compensation**
(A) *Authority to fix compensation* — The Chair may fix the compensation of the Executive Director.
(B) *Limitation* — The rate of pay for the Executive Director may not exceed the maximum rate of pay in effect under [section 4575(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section4575/f&num=0&edition=prelim).
(3) **Term** — The term of office of the Executive Director shall be not more than 2 terms of 5 years, except that the first Executive Director shall have a single term of 7 years.
(4) **Duties** — The Executive Director shall serve as the chief operating officer of the Office. Except as otherwise specified in this chapter, the Executive Director shall carry out all of the responsibilities of the Of
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing and review of claims** Except as otherwise provided, the procedure for consideration of an alleged violation of part A of subchapter II consists of—
(1) the filing of a claim by the covered employee alleging the violation, as provided in [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim);
(2) the preliminary review of the claim, to be conducted by a hearing officer as provided in [section 1402a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402a&num=0&edition=prelim);
(3) mediation as provided in [section 1403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1403&num=0&edition=prelim), if requested and agreed to by the parties under that section; and
(4) a formal hearing as provided in [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1405&num=0&edition=prelim), subject to Board review as provided in [section 1406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1406&num=0&edition=prelim) and judicial review in the United States Court of Appeals for the Federal Circuit as provided in [section 1407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1407&num=0&edition=prelim).
**(b) Right of employee to file civil action**
(1) **Civil action** — Only a covered employee who has filed a claim timely as provided in [section 1402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1402&num=0&edition=prelim) and who has not submitted a request for a hearing on the claim pursuant to [section 1405(a) of this title](https://uscode
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mediation** All information discussed or disclosed in the course of any mediation shall be strictly confidential, and the Executive Director shall notify each person participating in the mediation of the confidentiality requirement and of the sanctions applicable to any person who violates the confidentiality requirement.
**(b) Hearings and deliberations** Except as provided in subsections (c), (d), and (e), all proceedings and deliberations of hearing officers and the Board, including any related records, shall be confidential. This subsection shall not apply to proceedings under [section 1341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1341&num=0&edition=prelim), but shall apply to the deliberations of hearing officers and the Board under that section. The Executive Director shall notify each person participating in a proceeding or deliberation to which this subsection applies of the requirements of this subsection and of the sanctions applicable to any person who violates the requirements of this subsection.
**(c) Release of records for judicial action** The records of hearing officers and the Board may be made public if required for the purpose of judicial review under [section 1407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1407&num=0&edition=prelim).
**(d) Automatic referral to Congressional Ethics Committee of dispositions of claims involving Members of Congress and senior staff**
(1) **Referral** — Upon the final disposition under this subchapter (as described in paragraph (6)) of a claim alleging a violation described in [section 1415(d)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1415/d/1/C&num=0&edition=pre
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