§ 1403. Mediation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1995

   Pub. L. 104–1 title IV § 404 · 109 Stat. 3

   Enacted · 2 U.S.C. § 1403

   Pub. L. 104–1, title IV, § 404, formerly § 403, Jan. 23, 1995, 109 Stat. 32

   Source evidence

   Code source credit
   Pub. L. 104–1, title IV, § 404, formerly § 403, Jan. 23, 1995, 109 Stat. 32

   Enacted provision · exact public law section
   SEC. 404. ELECTION OF PROCEEDING. Not later than 90 days after a covered employee receives notice of the end of the period of mediation, but no sooner than 30 days after receipt of such notification, such covered employee may either— (1) file a complaint with the Office in accordance with section 405, or (2) file a civil action in accordance with section 408 in the United States district court for the district in which the employee is employed or for the District of Columbia.

2. 2015

   Office of Compliance Administrative and Technical Corrections Act of 2015

   Pub. L. 114–6 § 2(a)(1) · 129 Stat. 81

   Substituted · 2 U.S.C. § 1403(b)(1)

   Pub. L. 114–6, § 2(a)(1), substituted “from the master list developed and maintained under subsection (e)” for “after considering recommendations by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 114–6, § 2(a)(1), substituted “from the master list developed and maintained under subsection (e)” for “after considering recommendations by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters”.

   Enacted provision · exact public law section
   (1) in subsection (b)(1), by striking “after considering recommendations by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters” and inserting “from the master list developed and maintained under subsection (e)”; and

3. 2015

   Office of Compliance Administrative and Technical Corrections Act of 2015

   Pub. L. 114–6 § 2(a)(2) · 129 Stat. 81

   Added · 2 U.S.C. § 1403(e)

   Pub. L. 114–6, § 2(a)(2), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 114–6, § 2(a)(2), added subsec. (e).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsection: “(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.” .

4. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 104(a) · 132 Stat. 5297

   Amended · 2 U.S.C. § 1403(a)

   Pub. L. 115–397, § 104(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 15 days after receipt by the employee of notice of the end of the counseling period under section 1402 of this title, but prior to and as a condition of making an election under section 1404 of this title, the covered employee who alleged a violation of a law shall file a request for mediation with the Office.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–397, § 104(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 15 days after receipt by the employee of notice of the end of the counseling period under section 1402 of this title, but prior to and as a condition of making an election under section 1404 of this title, the covered employee who alleged a violation of a law shall file a request for mediation with the Office.”

   Enacted provision · exact public law section
   (a) Availability of Mediation.— Section 404(a) (2 U.S.C. 1403(a)), as redesignated by section 101(c), is amended to read as follows: “(a) Availability of Mediation.— “(1) Notification regarding mediation.— “(A) Covered employee.— Upon receipt of a claim under section 402, 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 402(b), 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 402 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 402 and ending on the date on which a hearing officer issues a written decision relating to the claim under section 405(g) or the covered employee files a civil action with respect to the claim in accordance with section 408, 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 403, a formal hearing under section 405, or a civil action under section 408.” .

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

5. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 104(b) · 132 Stat. 5297

   Substituted · 2 U.S.C. § 1403(b)(2)

   Pub. L. 115–397, § 104(b), substituted “meetings with the parties during which, at the request of any of the parties, the parties shall be separated,” for “meetings with the parties separately or jointly”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–397, § 104(b), substituted “meetings with the parties during which, at the request of any of the parties, the parties shall be separated,” for “meetings with the parties separately or jointly”.

   Enacted provision · exact public law section
   (b) Requiring Parties to Be Separated During Mediation at Request of Employee.— Section 404(b)(2) (2 U.S.C. 1403(b)(2)), as redesignated by section 101(c), is amended by striking “meetings with the parties separately or jointly” and inserting “meetings with the parties during which, at the request of any of the parties, the parties shall be separated,”.

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

6. 2018

   Congressional Accountability Act of 1995 Reform Act

   Pub. L. 115–397 § 104(c) · 132 Stat. 5297

   Substituted · 2 U.S.C. § 1403(c)

   Pub. L. 115–397, § 104(c), substituted “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.” for “The mediation period shall be 30 days beginning on the date the request for mediation is received. The mediation period may be extended for additional periods at the joint request of the covered employee and the employing office.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 115–397, § 104(c), substituted “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.” for “The mediation period shall be 30 days beginning on the date the request for mediation is received. The mediation period may be extended for additional periods at the joint request of the covered employee and the employing office.”

   Enacted provision · exact public law section
   (c) Period of Mediation.— Section 404(c) (2 U.S.C. 1403(c)), as redesignated by section 101(c), is amended by striking the first 2 sentences and inserting the following: “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 Act 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.”.

   Effective date note
   Amendment by Pub. L. 115–397 effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title.

6 of 6 references resolved to an enrolled provision