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Code · BILL · 115th Congress · S. 2872 (Placed on Calendar Senate) — To amend the Congressional Accountability Act of 1995 to reform the procedures provided under such Act for the initia... · Sec. 102

Sec. 102. Reform of process for initiation of procedures

719 words·~3 min read·/bill/115/s/2872/pcs/section-102

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Section 402 ( 2 U.S.C. 1402 ) is amended to read as follows: To commence a proceeding under this title, a covered employee alleging a violation of law made applicable under part A of title II shall file a claim with the Office. The claim shall be made in writing under oath or affirmation, and shall be in such form as the Office requires. Upon the filing of a claim by a covered employee under subsection (a), the Office shall take such steps as may be necessary for the initial intake and recording of the claim, including providing the employee with all relevant information with respect to the rights of the employee under this Act, and shall notify the head of the employing office of the claim.
In the case of a claim alleging a violation described in subparagraph
(B)by an individual, upon the filing of the claim under subsection (a), the Office shall notify such individual of the claim, and the possibility that the individual may be required to reimburse the account described in section 415(a) for the amount of any award or settlement in connection with the claim. A violation described in this subparagraph is covered discrimination or covered harassment committed personally by a Member of Congress, as defined in section 415(e)(4). Upon receipt of a claim, the Office shall notify the covered employee about the process for pre-investigation mediation under section 404, the right to opt out of the pre-investigation mediation, and the deadline for opting out of the pre-investigation mediation. Upon notification to the employing office of the claim pursuant to subsection (b), the Office shall notify the employing office about the process for pre-investigation mediation under section 404, the right to opt out of the pre-investigation mediation, and the deadline for opting out of the pre-investigation mediation. The deadline for opting out of the pre-investigation mediation shall be the tenth business day following the filing of the claim that would be the subject of the mediation. Unless either the covered employee or the employing office opts out of the pre-investigation mediation by the deadline described in paragraph (2), the Office shall promptly assign a mediator to the claim. The mediation shall be conducted as provided in subsections
(b)through
(d)of section 404. The Office shall establish and operate an electronic reporting and tracking system through which a covered employee may initiate a proceeding under this title, and which will keep an electronic record of the date and time at which the proceeding is initiated and will track all subsequent actions or proceedings occurring with respect to the proceeding under this title. The system shall be accessible to all parties to such actions or proceedings, but only until the completion of such actions or proceedings. The Office shall use the information contained in the system to make regular assessments of the effectiveness of the procedures under this title in providing for the timely resolution of claims, and shall submit semi-annual reports on such assessments each year to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. A covered employee may not file a claim under this section with respect to an allegation of a violation of law after the expiration of the 180-day period which begins on the date of the alleged violation. The Office shall not accept a claim that does not meet the requirements of this subsection. Nothing in this section may be construed to limit the ability of a covered employee— to contact the Office or any other appropriate office prior to filing a claim under this title to seek information regarding the employee’s rights under this Act and the procedures available under this Act; in the case of a covered employee of an employing office described in subparagraph (A), (B), or
(C)of section 101(9), to refer information regarding an alleged violation of part A of title II to the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate (as the case may be); or to file a civil action in accordance with section 401(b). . The table of contents is amended by amending the item relating to section 402 to read as follows: Sec. 402. Initiation of procedures. .
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Sec. 102
Reform of process for initiation of procedures
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