2 U.S.C. § 1417 — Option to request remote work assign-

Page 350 TITLE 2—THE CONGRESS § 1417 1 So in original. The word ‘‘section’’ probably should not ap- pear. section and of the sanctions applicable to any person who violates the requirements of this subsection.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as a note under section 1301 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–6 applicable with respect to mediations and other proceedings first initiated after Mar. 20, 2015, see section 2(d) of Pub. L. 114–6, set out as a note under section 1403 of this title. § 1417. Option to request remote work assign- ment or paid leave of absence during pend- ency of procedures (a) Options for employees (1) Remote work assignment At the request of a covered employee who files a claim alleging a violation of part A of subchapter II by the covered employee’s em- ploying office, during the pendency of any of the procedures available under this subchapter for consideration of the claim, the employing office may permit the covered employee to carry out the employee’s responsibilities from a remote location (referred to in this section as ‘‘permitting a remote work assignment’’) where such relocation would have the effect of materially reducing interactions between the covered employee and any person alleged to have committed the violation, instead of from a location of the employing office. (2) Exception for work assignments required to be carried out onsite If, in the determination of the covered em- ployee’s employing office, a covered employee who makes a request under this subsection cannot carry out the employee’s responsibil- ities from a remote location or such relocation would not have the effect described in para- graph (1), the employing office may during the pendency of the procedures described in para- graph (1)— (A) grant a paid leave of absence to the covered employee; (B) permit a remote work assignment and grant a paid leave of absence to the covered employee; or (C) make another workplace adjustment, or permit a remote work assignment, that would have the effect of reducing inter- actions between the covered employee and any person alleged to have committed the violation described in paragraph (1). (3) Ensuring no retaliation An employing office may not grant a cov- ered employee’s request under this subsection in a manner which would constitute a viola- tion of section 1317 of this title. (4) No impact on vacation or personal leave In granting leave for a paid leave of absence under this section, an employing office shall not require the covered employee to sub- stitute, for that leave, any of the accrued paid vacation or personal leave of the covered em- ployee. (b) Exception for arrangements subject to collec- tive bargaining agreements Subsection (a) does not apply to the extent that it is inconsistent with the terms and condi- tions of any collective bargaining agreement which is in effect with respect to an employing office. (Pub. L. 104–1, title IV, § 417, as added Pub. L. 115–397, title I, § 113(a), Dec. 21, 2018, 132 Stat. 5313.) Editorial Notes REFERENCES IN TEXT Part A of subchapter II, referred to in subsec. (a)(1), was in the original ‘‘part A of title II’’, meaning part A (§§ 201–207) of title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to part A of sub- chapter II of this chapter. For complete classification of part A to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon expiration of the 180-day pe- riod beginning on Dec. 21, 2018, with provisions for ef- fect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1301 of this title. SUBCHAPTER V—MISCELLANEOUS PROVISIONS § 1431. Exercise of rulemaking powers The provisions of sections 1302(b)(3), section 1 1381(l), and 1384(c) of this title are enacted— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be consid- ered as part of the rules of such House, respec- tively, and such rules shall supersede other rules only to the extent that they are incon- sistent therewith; and (2) with full recognition of the constitu- tional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same ex- tent as in the case of any other rule of each House. (Pub. L. 104–1, title V, § 501, Jan. 23, 1995, 109 Stat. 39; Pub. L. 115–397, title II, § 201(c), Dec. 21, 2018, 132 Stat. 5317.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–397 inserted ‘‘, section 1381(l),’’ before‘‘and 1384(c) of this title’’ in introductory provi- sions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective upon expira- tion of the 180-day period beginning on Dec. 21, 2018,