Sec. 402. Initiation of proceedings
598 words·~3 min read·
/bill/118/s/5168/is/section-402·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
To commence a proceeding under this title, a covered employee alleging a violation of law made applicable under subtitle A of title II shall file a claim with the Office. The Office shall not accept a claim which is filed after the deadline applicable under subsection (d). The claim filed under this section 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 unit 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. Nothing in paragraph (2), or subsection
(b)or (c), 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 section 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 alleging misconduct by a judge, to make a complaint under chapter 16 of title 28, United States Code; or to file a civil action in accordance with section 401(b). 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 each party with all relevant information respect to the rights of the party under this Act, and shall transmit immediately a copy of the claim to the head of the employing unit and the designated representative of that unit. In the case of a claim alleging a violation described in subparagraph
(B)which consists of a violation described in section 415(d)(1)(A) by an individual, upon the filing of the claim under subsection (a), the Office shall notify immediately such individual of the claim, the possibility that the individual may be required to reimburse the account described in section 415(a) for the reimbursable portion of any award or settlement in connection with the claim, and the right of the individual under section 415(d)(2) to intervene in any mediation, hearing, or civil action under this title with respect to the claim. A violation described in this subparagraph is— harassment that is unlawful under section 201(a) or 202(a); or intimidation, reprisal, or discrimination that is unlawful under section 203 and is taken against a covered employee because of a claim alleging a violation described in clause (i). The Office shall establish and operate a secure electronic reporting 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 annual reports on such assessments each year to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. 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.