Page:United States Statutes at Large Volume 109 Part 1.djvu/48

 109 STAT. 32 PUBLIC LAW 104-l^JAN. 23, 1995 their official capacity or to produce official records 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 IV—ADMINISTRATIVE AND JUDI- CIAL DISPUTE-RESOLUTION PROCE- DURES 2 USC 1401. SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS. Except as otherwise provided, the procedure for consideration of alleged violations of part A of title II consists of— (1) counseling as provided in section 402; (2) mediation as provided in section 403; and (3) election, as provided in section 404, of either— (A) a formal complaint and 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, or (B) a civil action in a district court of the United States as provided in section 408. In the case of an employee of the Office of the Architect of the Capitol or of the Capitol Police, the Executive Director, after receiving a request for counseling 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, which shall not count against the time available for counseling or mediation. 2 USC 1402. SEC. 402. COUNSELING. (a) IN GENERAL. —To commence a proceeding, a covered employee alleging a violation of a law made applicable under part A of title II shall request counseling by the Office. The Office shall provide the employee with all relevant information with respect to the rights of the employee. A request for counseling shall be made not later than 180 days after the date of the alleged violation. (b) PERIOD OF COUNSELING. — The period for counseling shall be 30 days unless the employee and the Office agree to reduce the period. The period shall begin on the date the request for counseling is received. (c) NOTIFICATION OF END OF COUNSELING PERIOD.—The Office shall notify the employee in writing when the counseling period has ended. 2 USC 1403. SEC. 403. MEDIATION. (a) INITIATION.—Not later than 15 days after receipt by the employee of notice of the end of the counseling period under section 402, but prior to and as a condition of making an election under section 404, the covered employee who alleged a violation of a law shall file a request for mediation with the Office. (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 after considering recommendations by

�