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2 U.S.C. § 1404

Section 1404 · Election of proceeding

Current version, with additions and removals from the January 23, 1995 version.

Current — March 23, 2018
As of January 23, 1995

Not later than 90 days after a covered employee receives notice of the end of the period of mediation, but no sooner than 30 days after receipt of such notification, such covered employee may either—

(1) file a complaint with the Office in accordance with section 1405 of this title, or

(2) file a civil action in accordance with section 1408 of this title in the United States district court for the district in which the employee is employed or for the District of Columbia.

(a) Definitions

In this section:

(1) Direct Act

The term “direct Act” means an Act (other than this chapter), or provision of the Revised Statutes, that is specified in section 1311, 1312, 1313, or 1331 of this title.

(2) Direct provision

The term “direct provision” means a provision (including a definitional provision) of a direct Act that applies the rights or protections of a direct Act (including rights and protections relating to nonretaliation or noncoercion) to a library 1 claimant.

(3) Library claimant

The term “Library claimant” means—

(A)

with respect to a direct provision (other than a provision described in subparagraph (B)), an employee of the Library of Congress who is covered by that direct provision, and

(B)

with respect to a direct provision that applies the rights or protections of title II or III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq., 12181 et seq.), an individual who is eligible to provide services for or receive services from the Library of Congress and who is covered by that provision.

(b) Election after proceedings initially brought under this chapter

Not later than 90 days, but not sooner than 30 days, after the end of the period of mediation, a covered employee who initially requested counseling and mediation under this subchapter may elect to—

(1)

file a complaint with the Office in accordance with section 1405 of this title,

(2)

file a civil action in accordance with section 1408 of this title in the United States district court for the district in which the employee is employed or for the District of Columbia, or

(3)

in the case of a Library claimant, bring the claim, complaint, or charge that is brought for a proceeding before the corresponding Federal agency, under the corresponding direct provision.

(c) Election after proceedings initially brought under other civil rights or labor law

A library 1 claimant who initially brings a claim, complaint, or charge under a direct provision for a proceeding before a Federal agency may, prior to requesting a hearing under the agency’s procedures, elect to—

(1)

bring any civil action relating to the claim, complaint, or charge, that is available to the Library claimant,

(2)

file a complaint with the Office in accordance with section 1405 of this title, or

(3)

file a civil action in accordance with section 1408 of this title in the United States district court for the district in which the employee is employed or for the District of Columbia.

1  So in original. Probably should be “Library”.

/2/usc/1404 · .json · Public domain