Sec. 103. Investigation of claims by General Counsel
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Title IV ( 2 U.S.C. 1401 et seq.), as amended by section 101(d), is further amended by inserting after section 402 the following new section: Upon the completion of the initial processing of a claim under section 402(b), the General Counsel shall conduct an investigation of the claim involved. To carry out an investigation under this section, the General Counsel may issue subpoenas in the same manner, and subject to the same terms and conditions, as a hearing officer may issue subpoenas to carry out discovery with respect to a hearing under section 405, except that the General Counsel may issue such a subpoena on the General Counsel’s own initiative, without regard to whether or not a party requests that the General Counsel issue the subpoena.
It is the sense of Congress that the General Counsel should issue subpoenas under this subsection only to the extent that other methods of obtaining information with respect to an investigation are insufficient to enable the General Counsel to conclude the investigation within the deadline described in subsection (e). Upon concluding an investigation of a claim under this section, the General Counsel shall transmit a written report on the results of the investigation to the covered employee and the employing office involved.
The General Counsel shall include in the report transmitted under paragraph
(1)one of the following findings: A finding that there is reasonable cause to believe that the employing office committed a violation of part A of title II, as alleged in the covered employee’s claim. A finding that there is no reasonable cause to believe that the employing office committed a violation of part A of title II, as alleged in the covered employee’s claim. A finding that the General Counsel cannot determine whether or not there is reasonable cause to believe that the employing office committed a violation of part A of title II, as alleged in the covered employee’s claim. If the General Counsel transmits a report with a finding under subparagraph
(B)of paragraph (2), the General Counsel shall also transmit to the covered employee a written notice that the employee has the right to file a civil action with respect to the claim under section 408. If the General Counsel transmits a report with a finding under subparagraph
(A)or subparagraph
(C)of paragraph (2), the General Counsel shall also transmit the report to the Executive Director. In the case of a report transmitted by the General Counsel under paragraph
(1)on the results of an investigation of a claim alleging a violation described in subparagraph
(B)which consists of an act committed personally by a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, the General Counsel shall transmit the report to— the Committee on Ethics of the House of Representatives, in the case of a Member of the House (including a Delegate or Resident Commissioner to the Congress); or the Select Committee on Ethics of the Senate, in the case of a Senator. A violation described in this subparagraph is— a violation of section 201(a); or a violation of section 207 which consists of intimidating, taking reprisal against, or otherwise discriminating against any covered employee because the covered employee has opposed any practice made unlawful by section 201(a). At any time during the investigation of a claim under this section, the General Counsel may make a recommendation that the covered employee and the employing office pursue mediation under section 404 with respect to the claim. The General Counsel shall conclude the investigation of a claim under this section, and transmit the report on the results of the investigation, not later than 90 days after the claim is filed under section 402, except that the General Counsel may (upon notice to the parties to the investigation) use an additional period of not to exceed 30 days to conclude the investigation. . Section 405 ( 2 U.S.C. 1405 ) is amended as follows: In the heading, by striking . Complaint and By amending subsection
(a)to read as follows: If the General Counsel transmits to the Executive Director a report on the investigation of a claim under section 403 which includes a finding described in subparagraph (B), the Office shall conduct a hearing to consider the claim and render a decision. A finding described in this subparagraph is— a finding under section 403(c)(2)(A) that there is reasonable cause to believe that an employing office committed a violation of part A of title II, as alleged in a claim filed by a covered employee; or a finding under section 403(c)(2)(C) that the General Counsel cannot determine whether or not there is reasonable cause to believe that the employing office committed a violation of part A of title II, as alleged in the covered employee’s claim. . In subsection (c)(1), by striking complaint each place it appears and inserting claim . In subsection
(d)in the matter preceding paragraph (1), by striking complaint and inserting claim . In subsection (d)(2), by striking no later than 60 days after filing of the complaint and inserting no later than 60 days after the Executive Director receives the General Counsel’s report on the investigation of the claim . In subsection (g), by striking complaint and inserting claim . The heading of section 414 ( 2 U.S.C. 1414 ) is amended by striking . of complaints The table of contents, as amended by section 101(d), is further amended as follows: By inserting after the item relating to section 402 the following new item: Sec. 403. Investigation of claims. . By amending the item relating to section 405 to read as follows: Sec. 405. Hearing. . By amending the item relating to section 414 to read as follows: Sec. 414. Settlement. .
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