PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

SEC. 401. [2 U.S.C. 1401] PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS. (a) Filing and Review of Claims.—Except as otherwise provided, the procedure for consideration of an alleged violation of part A of title II consists of— (1) the filing of a claim by the covered employee alleging the violation, as provided in section 402; (2) the preliminary review of the claim, to be conducted by a hearing officer as provided in section 403; (3) mediation as provided in section 404, if requested and agreed to by the parties under that section; and (4) 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. (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 402 and who has not submitted a request for a hearing on the claim pursuant to section 405(a) may, during the period described in paragraph (3), file a civil action in a District Court of the United States with respect to the violation alleged in the claim, as provided in section 408. (2) Effect of filing civil action.—Notwithstanding paragraph (2), (3), or (4) of subsection (a), if the covered employee files such a civil action— (A) the preliminary review of the claim by the hearing officer as provided in section 403 shall terminate upon the filing of the action by the covered employee; and (B) the procedure for consideration of the alleged violation shall not include any further review of the claim by the hearing officer as provided in section 403. (3) Period for filing civil action.—The period described in this paragraph with respect to a claim is the 70-day period which begins on the date the covered employee files the claim under section 402. (4) Special rule for employees who fail to state a claim for which relief may be granted.—Notwithstanding paragraph (3), if a covered employee receives a written notice from the hearing officer under section 403(d)(2) that the employee has the right to file a civil action with respect to the claim in accordance with section 408, the covered employee may file the civil action not later than 90 days after receiving such written notice. (c) Special Rule for Architect of the Capitol and Capitol Police.—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 the grievance procedures of the Architect of the Capitol or the Capitol Police for resolution of the employee’s grievance for a specific period of time. Any deadline in this Act relating to a claim for which the employee is using the grievance procedures, that has not already passed by the first day of that specific period, shall be stayed during that specific period. (d) Election of Remedies for Library of Congress.— (1) Definitions.—In this subsection: (A) Direct act.—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. (B) Direct provision.—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. (C) 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. (2) Election after proceedings initially brought under this act.—A Library claimant who initially files a claim for an alleged violation as provided in section 402 may, at any time before the date that is 10 days after a hearing officer submits the report on the preliminary review of the claim under section 403(c), elect to bring the claim for a proceeding before the corresponding Federal agency under the corresponding direct provision, instead of continuing with the procedures applicable to the claim under this title or filing a civil action in accordance with section 408. (3) Election after proceedings initially brought under other civil rights or labor law.—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— (A) 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 (B) file a claim with the Office under section 402 and continue with the corresponding procedures of this title available and applicable to a covered employee. (4) Timing.—A Library claimant who meets the initial deadline under section 402(d) for filing a claim under this title, or any initial deadline for bringing a claim, complaint, or charge under the applicable direct provision, and then elects to change to alternative procedures as described in paragraph (2) or (3)(B), shall be considered to meet any initial deadline for the alternative procedures. (5) Application.—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). (e) Rights of Parties to Retain Private Counsel.—Nothing in this Act may be construed to limit the authority of any individual (including a covered employee, the head of an employing office, or an individual who is alleged to have committed personally an act which consists of a violation of part A of title II) to retain counsel to protect the interests of the individual at any point during any of the procedures provided under this title for the consideration of an alleged violation of part A of title II, including as provided under section 415(d)(8) with respect to individuals subject to a reimbursement requirement of section 415(d). (f) Standards for Assertions Made by Parties.—Any party in any of the procedures provided under this title, as well as any counsel or other person representing a party in any of such procedures, shall have an obligation to ensure that, to the best of the party’s knowledge, information, and belief, as formed after an inquiry which is reasonable under the circumstances, each of the following is correct: (1) 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. (2) The claims, defenses, and other legal contentions the party advocates are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law. (3) The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further review or discovery. (4) 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. (g) Procedure.—Nothing in this Act shall be construed to supersede or limit section 225(d)(2).