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Code · BILL · 115th Congress · S. 2952 (Considered and Passed Senate) — To amend the Congressional Accountability Act of 1995 to establish protections against congressional sexual harassmen... · Sec. 102

Sec. 102. Reform of process for initiation of procedures

745 words·~3 min read·/bill/115/s/2952/cps/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 notify the Office of intent to file a claim with the Office. On receiving a notification under paragraph (1), the Office shall provide to the covered employee all relevant information with respect to the employee's and the employing office's rights under this Act, the process for filing the claim, and the option for the employee to elect, if the employee so chooses, to file a civil action regarding the alleged violation.
The Office shall discuss the information and covered employee's claim with the covered employee. The Office shall initiate the procedures described in this paragraph on the date of the notification. Upon providing the notification described in paragraph (1), and not later than the expiration of the 180-day period in subsection (e), the covered employee may file the claim. The claim shall be made in writing under oath or affirmation, shall describe the facts that form the basis of the claim and the violation that is being alleged, shall identify the employing office alleged to have committed the violation or in which the violation is alleged to have occurred, 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 and shall transmit a copy of the claim to the head of the employing office not later than 3 business days after the date on which the claim is filed. Upon receipt of a claim, the Office shall notify the covered employee about the process for mediation under section 403, the right to opt out of the mediation, and the deadline for opting out of the mediation.
Upon transmission to the employing office of the claim pursuant to subsection (b), the Office shall notify the employing office about the process for mediation under section 403, the right to opt out of the mediation, and the deadline for opting out of the mediation. Either party may opt out of the mediation. The deadline for opting out shall be 10 business days after the date on which the claim that would be the subject of the mediation is filed. 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 semiannual reports on such assessments each year to the Committee on House Administration and the Committee on Appropriations of the House of Representatives and the Committee on Rules and Administration and the Committee on Appropriations 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; or 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). . 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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