Sec. 112. Automatic referral to congressional ethics committees of disposition of certain claims alleging violations of Congressional Accountability Act of 1995 involving Members of Congress and senior staff
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Section 416(e) ( 2 U.S.C. 1416(e) ) is amended to read as follows: Upon the final disposition under this title (as described in paragraph (6)) of a claim alleging a violation of section 201(a) or 206(a) that is perpetrated directly against a covered employee by a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a Senator, or by a senior staffer of an employing office described in subparagraph
(A)or
(B)of section 101(9), the Executive Director shall refer the claim to— the Committee on Ethics of the House of Representatives, in the case of a Member or senior staffer 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 or senior staffer of the Senate. If the Executive Director refers a claim to a Committee under paragraph (1), the Executive Director shall provide the Committee with access to the settlement documents in the case of a settlement and findings by the hearing officer involved in the case of an award under this title. After the receipt of a settlement agreement for a claim that includes an allegation of a violation of section 201(a) or 206(a) that is perpetrated directly against a covered employee as described in section 415(d)(1)(D) by a Member of the House of Representatives (including a Delegate or a Resident Commissioner to the Congress) or a Senator, the corresponding committee described in paragraph
(1)shall— not later than 90 days after that receipt, review the settlement agreement; determine whether an investigation of the claim is warranted; and if the committee determines, after the investigation, that the claim that resulted in the settlement involved an actual violation of section 201(a) or 206(a) perpetrated directly against a covered employee as described in section 415(d)(1)(D) by the Member or Senator, then the committee shall notify the Executive Director to request the reimbursement described in section 415(d) and include the settlement in the report required by section 301(l). If a Committee to which a claim is referred under paragraph
(1)issues a report with respect to the claim, the Committee shall ensure that the report does not directly disclose the identity or position of the individual who filed the claim. If a Committee issues a report as described in paragraph (4), the Committee may, in accordance with subparagraph (B), make an appropriate redaction to the information or data included in the report if the Committee and the appropriate decisionmakers described in subparagraph
(B)determine that including the information or data considered for redaction may lead to the unintentional disclosure of the identity or position of a claimant. The report including any such redaction shall note each redaction and include a statement that the redaction was made solely for the purpose of avoiding such an unintentional disclosure of the identity or position of a claimant. The Committee shall make a redaction under subparagraph
(A)only if agreement is reached on the precise information or data to be redacted by— the Chairman and Ranking Member of the Committee on Ethics of the House of Representatives, in the case of a report concerning a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or a senior staffer who is an employee of the House of Representatives; or the Chairman and Vice Chairman of the Select Committee on Ethics of the Senate, in the case of a report concerning a Senator or senior staffer who is an employee of the Senate. Each committee described in subparagraph
(B)shall retain a copy of the report, without redactions. In this subsection: The final disposition of a claim means the following: An agreement to pay a settlement, including an agreement reached pursuant to mediation under section 403. An order to pay an award that is final and not subject to appeal. The term senior staffer means any individual who, at the time a violation occurred, was required to file a report under title I of the Ethics in Government Act of 1978 (5 U.S.C. App.). .
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Sec. 112
Automatic referral to congressional ethics committees of disposition of certain claims alleging violations of Congressional Accountability Act of 1995 involving Members of Congress and senior staff
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