Sec. 207. Overall procedure
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Section 401 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1401 ) is amended— in the first sentence— by striking part A and inserting part A or B ; in paragraph (1), by inserting , which shall be voluntary in the case of an allegation of covered discrimination or covered harassment before the semicolon; and in paragraph (2), by inserting , which shall be voluntary in the case of an allegation of covered discrimination or covered harassment before the semicolon; and in the second sentence, by inserting (or a request for counseling, mediation, or a hearing, concerning an allegation of covered discrimination or covered harassment) after for counseling under section 402 .
Section 401 of the Congressional Accountability Act of 1995, as amended by subsection (a), is further amended— by striking Except and inserting the following: Except ; and by adding at the end the following: On receiving a request, under this title, for counseling or another proceeding for consideration of alleged covered discrimination or covered harassment, the Office shall provide to the employee written notification that describes the rights, protections, and procedures applicable to a covered employee who is raising such an allegation.
Notwithstanding any provision of law, regardless of whether a covered employee follows the employing office's procedures for initially presenting an allegation, or information about the allegation, of covered discrimination or covered harassment to the employing office— the covered employee is privileged to request and obtain, under this title, counseling or another proceeding for consideration of alleged covered discrimination or covered harassment; and the covered employee— may file a complaint with the Office in accordance with section 405 or file a civil action with a court in accordance with section 408; may proceed without prejudice under the corresponding procedures specified in title IV including obtaining any available remedy; and shall be entitled to protection from intimidation, reprisal, or other discrimination described in section 207 as provided in that section. .
Section 401 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1401 ), as amended by subsection (b), is further amended by adding at the end the following new subsection: At the request of a covered employee who alleges covered discrimination or covered harassment by the covered employee’s employing office, during the pendency of any of the procedures available under this title for consideration of the allegation, the employing office shall permit the covered employee to carry out the employee’s responsibilities from a remote location instead of from the location of the employing office.
If, in the determination of the covered employee’s employing office, a covered employee who makes a request under this paragraph cannot carry out the employee’s responsibilities from a remote location, the employing office shall grant paid leave to a covered employee during the pendency of the procedures available under this title for the covered employee. If the office of a Member or committee of the House of Representatives grants a covered employee of such office paid leave under paragraph (1), during the period in which the employee is on paid leave, the employee shall not be counted among the number of employees of the office— in the case of the office of a Member of the House, for purposes of section 104(a) of the House of Representatives Administrative Reform Technical Corrections Act ( 2 U.S.C. 5321(a) ); or in the case of the office of a committee of the House, for purposes of any rule or regulation of the House that governs the number of employees the committee may appoint.
Paragraph
(1)does not apply to the extent that it is inconsistent with the terms and conditions of any collective bargaining agreement that is in effect with respect to an employing office. . Section 401 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1401 ), as amended by subsection (c), is further amended by adding at the end the following new subsection: The Office shall establish and operate an electronic reporting system through which a covered employee may initiate a proceeding under this title, and that will keep an electronic record of the date and time at which the proceeding is initiated. .
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