Sec. 103. Investigation of claims by General Counsel
1,486 words·~7 min read·
/bill/115/s/2872/pcs/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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) and (if pre-investigation mediation described in section 402(c) occurs) the completion of that pre-investigation mediation without a resolution of the claim, 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 to obtain witness testimony and for the production of correspondence, books, papers, documents, and other records, subject to the following conditions:
The General Counsel shall not issue a subpoena to obtain testimony or records under this section unless the General Counsel has been unable to obtain the requested information through reasonable, noncompulsory methods. Subpoenas shall be served in the manner provided under rule 45(b) of the Federal Rules of Civil Procedure. The General Counsel may not subpoena— information in the possession of the Capitol Police that is security information, as defined in section 1009 of the Legislative Branch Appropriations Act, 2005 ( 2 U.S.C. 1979 ); or any information, data, estimates, or statistics that the Director of the Congressional Budget Office is required to keep confidential under section 203(e) of the Congressional Budget of 1974 ( 2 U.S.C. 603(e) ).
Nothing in this paragraph shall constitute a waiver of the privileges of any Senator or Member of the House of Representatives under article I, section 6, clause 1, of the Constitution of the United States, or a waiver of any power of either the Senate or the House of Representatives under the Constitution (including under article I, section 5, clause 3 of the Constitution) or under the rules of either House, relating to a record or other information within its jurisdiction or the jurisdiction of any employing office, if the record or other information relates to serving a Member of Congress or an employing office described in subparagraph (A), (B), or
(C)of section 101(9)— with respect to policymaking; or as an advisor with respect to the exercise of the constitutional or legal powers of the office. Disputes concerning a subpoena issued under paragraph
(1)may be resolved in accordance with subparagraphs
(B)and (C). If the person or entity subpoenaed refuses on the basis of relevance or privilege or other objection, to testify in response to a question or to produce records in response to a request for production of records, then the objection shall be submitted to the Board for review. The Board may modify the requests contained in the subpoena or may authorize the General Counsel to apply, in the name of the Office, to the appropriate district court of the United States for an order requiring the person or entity to appear before the General Counsel to give testimony or produce records. The application to the court shall be made under seal and made within the judicial district where the person or entity is found, resides, or transacts business. Any failure to obey an order of the district court issued pursuant to this paragraph may be held by such court to be a civil contempt of court. Process in an action or contempt proceeding pursuant to this paragraph may be served in any judicial district in which the person or entity refusing or failing to comply, or threatening to refuse or not to comply, is found, resides, or transacts business. Subpoenas for witnesses who are required to attend such an action or proceeding may run into any other district. 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. In the case of a finding under subparagraph
(A)or subparagraph
(B)of paragraph (2), the General Counsel shall include in the report the legal and factual bases for making such finding. 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)by a Member of Congress, if such report includes a finding of reasonable cause under paragraph (2)(A) 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 covered discrimination or covered harassment committed personally by a Member of Congress, as defined in section 415(e)(4). 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 not to exceed 30 days to conclude the investigation; and the 90-day investigation and reporting period and the 30-day period of additional time to conclude the investigation shall be stayed pending mediation conducted pursuant to section 404, if any. . 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), and if the covered employee does not withdraw the claim, the Executive Director shall appoint an independent hearing officer pursuant to subsection
(c)to consider the claim and render a decision, and a hearing shall be commenced in the Office. 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 (b), by striking dismiss any claim and inserting dismiss any cause of action within a claim . In subsection (c)(1), by striking Upon the filing of a complaint and inserting Upon receipt by the Executive Director of the General Counsel’s report on the investigation of the claim transmitted under subsection
(a). In subsection (d)— in the matter preceding paragraph (1), by striking complaint and inserting claim ; and in paragraph (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(e), 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. .
Connectionstraces to 5
Citation graph
cites case law
Sec. 103
Investigation of claims by General Counsel
Cites 5Cited by 0 across 0 sources