                          TITLE 2--THE CONGRESS
 
                CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
 
SUBCHAPTER IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
 
Sec. 1405. Complaint and hearing


(a) In general

    A covered employee may, upon the completion of mediation under 
section 1403 of this title, file a complaint with the Office. The 
respondent to the complaint shall be the employing office--
        (1) involved in the violation, or
        (2) in which the violation is alleged to have occurred,

and about which mediation was conducted.

(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 complaint, the Executive Director shall 
    appoint an independent hearing officer to consider the complaint and 
    render a decision. No Member of the House of Representatives, 
    Senator, officer of either the House of Representatives or the 
    Senate, head of an employing office, member of the Board, or covered 
    employee may be appointed to be a hearing officer. The Executive 
    Director shall select hearing officers on a rotational or random 
    basis from the lists developed under paragraph (2). Nothing in this 
    section shall prevent the appointment of hearing officers as full-
    time employees of the Office or the selection of hearing officers on 
    the basis of specialized expertise needed for particular matters.

                              (2) Lists

        The Executive Director shall develop master lists, composed of--
            (A) members of the bar of a State or the District of 
        Columbia and retired judges of the United States courts who are 
        experienced in adjudicating or arbitrating the kinds of 
        personnel and other matters for which hearings may be held under 
        this chapter, and
            (B) individuals expert in technical matters relating to 
        accessibility and usability by persons with disabilities or 
        technical matters relating to occupational safety and health.

    In developing lists, the Executive Director shall consider 
    candidates recommended by the Federal Mediation and Conciliation 
    Service or the Administrative Conference of the United States.

(d) Hearing

    Unless a complaint is dismissed before a hearing, a hearing shall 
be--
        (1) conducted in closed session on the record by the hearing 
    officer;
        (2) commenced no later than 60 days after filing of the 
    complaint under subsection (a) of this section, except that the 
    Office may, for good cause, extend up to an additional 30 days the 
    time for commencing a hearing; and
        (3) conducted, except as specifically provided in this chapter 
    and to the greatest extent practicable, in accordance with the 
    principles and procedures set forth in sections 554 through 557 of 
    title 5.

(e) Discovery

    Reasonable prehearing discovery may be permitted at the discretion 
of the hearing officer.

(f) Subpoenas

                           (1) In general

        At the request of a party, a hearing officer may issue subpoenas 
    for the attendance of witnesses and for the production of 
    correspondence, books, papers, documents, and other records. The 
    attendance of witnesses and the production of records may be 
    required from any place within the United States. Subpoenas shall be 
    served in the manner provided under rule 45(b) of the Federal Rules 
    of Civil Procedure.

                           (2) Objections

        If a person refuses, on the basis of relevance, privilege, or 
    other objection, to testify in response to a question or to produce 
    records in connection with a proceeding before a hearing officer, 
    the hearing officer shall rule on the objection. At the request of 
    the witness or any party, the hearing officer shall (or on the 
    hearing officer's own initiative, the hearing officer may) refer the 
    ruling to the Board for review.

                           (3) Enforcement

        (A) In general

            If a person fails to comply with a subpoena, the Board may 
        authorize the General Counsel to apply, in the name of the 
        Office, to an appropriate United States district court for an 
        order requiring that person to appear before the hearing officer 
        to give testimony or produce records. The application may be 
        made within the judicial district where the hearing is conducted 
        or where that person is found, resides, or transacts business. 
        Any failure to obey a lawful order of the district court issued 
        pursuant to this section may be held by such court to be a civil 
        contempt thereof.

        (B) Service of process

            Process in an action or contempt proceeding pursuant to 
        subparagraph (A) may be served in any judicial district in which 
        the person refusing or failing to comply, or threatening to 
        refuse or not to comply, resides, transacts business, or may be 
        found, and subpoenas for witnesses who are required to attend 
        such proceedings may run into any other district.

(g) Decision

    The hearing officer shall issue a written decision as expeditiously 
as possible, but in no case more than 90 days after the conclusion of 
the hearing. The written decision shall be transmitted by the Office to 
the parties. The decision shall state the issues raised in the 
complaint, describe the evidence in the record, contain findings of fact 
and conclusions of law, contain a determination of whether a violation 
has occurred, and order such remedies as are appropriate pursuant to 
subchapter II of this chapter. The decision shall be entered in the 
records of the Office. If a decision is not appealed under section 1406 
of this title to the Board, the decision shall be considered the final 
decision of the Office.

(h) Precedents

    A hearing officer who conducts a hearing under this section shall be 
guided by judicial decisions under the laws made applicable by section 
1302 of this title and by Board decisions under this chapter.

(Pub. L. 104-1, title IV, Sec. 405, Jan. 23, 1995, 109 Stat. 33.)

                       References in Text

    This chapter, referred to in subsecs. (c)(2)(A), (d)(3), and (h), 
was in the original ``this Act'', meaning Pub. L. 104-1, Jan. 23, 1995, 
109 Stat. 3, as amended, which is classified principally to this 
chapter. For complete classification of this Act to the Code, see Short 
Title note set out under section 1301 of this title and Tables.
    Rule 45(b) of the Federal Rules of Civil Procedure, referred to in 
subsec. (f)(1), is set out in the Appendix to Title 28, Judiciary and 
Judicial Procedure.
    Subchapter II of this chapter, referred to in subsec. (g), was in 
the original ``title II'', meaning title II of Pub. L. 104-1, Jan. 23, 
1995, 109 Stat. 7, as amended, which enacted subchapter II of this 
chapter and amended section 6381 of Title 5, Government Organization and 
Employees, sections 203, 633a, 2611, and 2617 of Title 29, Labor, and 
sections 2000e-16 and 12209 of Title 42, The Public Health and Welfare. 
For complete classification of title II to the Code, see Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 1331, 1341, 1351, 1361, 
1401, 1403, 1404, 1406, 1407, 1411, 1413, 1416, 1435 of this title.
