Sec. 101. Description of procedures available for consideration of alleged violations
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Section 401 ( 2 U.S.C. 1401 ) is amended to read as follows: Except as otherwise provided in this Act, the procedure for consideration of an alleged violation of part A of title II consists of— the filing of a claim by the covered employee alleging the violation, as provided in section 402; an investigation of the claim, to be conducted by the General Counsel as provided in section 403; and 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, but only if, pursuant to an investigation conducted by the General Counsel as provided in section 403, the General Counsel finds either— that there is reasonable cause to believe that the employing office involved committed a violation of part A of title II as alleged in the covered employee’s claim; or that the General Counsel cannot determine whether or not there is reasonable cause to believe that the employing office committed a violation of part A of title II as alleged in the covered employee’s claim.
A covered employee who files a claim as provided in section 402 may, during the period described in paragraph (3), file a civil action in a district court of the United States with respect to the alleged violation involved, as provided in section 408. Notwithstanding paragraph
(2)or paragraph
(3)of subsection (a), if the covered employee files such a civil action— the investigation of the claim by the General Counsel as provided in section 403, or any subsequent formal hearing as provided in section 405, shall terminate upon the filing of the action by the covered employee; and the procedure for consideration of the alleged violation shall not include any further investigation of the claim by the General Counsel as provided in section 403 or any subsequent formal hearing as provided in section 405. The period described in this paragraph with respect to a claim is the 45-day period which begins on the date the covered employee files the claim under section 402. Notwithstanding paragraph (3), if a covered employee receives a written notice from the General Counsel under section 403(c)(3) 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. 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, for a specific period of time, the grievance procedures of the Architect of the Capitol or the Capitol Police for resolution of the employee’s grievance. Nothing in this title may be construed to limit the authority of any particular individual, including a covered employee, the head of an employing office, or an individual who is alleged to have personally committed an act which consists of a violation of part A of title II, to retain counsel to protect the interests of the particular individual at any point during any of the procedures provided under this Act for the consideration of an alleged violation of part A of title II, including as provided under section 415(d)(7) with respect to Members of the House of Representatives and Senators. Any counsel who represents a party in any of the procedures provided under this Act shall have an obligation to ensure that, to the best of the counsel’s knowledge, information, and belief, as formed after an inquiry which is reasonable under the circumstances, each of the following is correct: 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. The claims, defenses, and other legal contentions the counsel advocates are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law. The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 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. . Section 408 ( 2 U.S.C. 1408 ) is amended— by striking section 404 and inserting section 401 ; by striking who has completed counseling under section 402 and mediation under section 403 ; and by striking the second sentence. Section 414 ( 2 U.S.C. 1414 ) is amended by striking or 401 and inserting 401, or 403(c)(3) . Title IV is amended— by striking section 404 ( 2 U.S.C. 1404 ); and by redesignating section 403 ( 2 U.S.C. 1403 ) as section 404. The table of contents is amended— by striking the item relating to section 404; and by redesignating the item relating to section 403 as relating to section 404.
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Sec. 101
Description of procedures available for consideration of alleged violations
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