Sec. 3. Requiring investigation by General Counsel of Office of Congressional Workplace Rights of all claims filed by covered employees under Congressional Accountability Act of 1995
1,643 words·~7 min read·
/bill/116/hr/5464/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 403 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1403 ), as amended by section 103(a) of the Congressional Accountability Act of 1995 Reform Act ( Public Law 115–397 ; 132 Stat. 5303), is amended to read as follows: 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 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 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 section 415(d)(1)(A), the General Counsel shall transmit the report to— the Committee on Ethics of the House of Representatives, in the case of a violation involving 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 violation involving a Senator. 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 subsection, 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 401(a)(2) of such Act ( 2 U.S.C. 1401(a)(2) ), as amended by section 101(a) of the Congressional Accountability Act of 1995 Reform Act ( Public Law 115–397 ; 132 Stat. 5298), is amended to read as follows: an investigation of the claim, to be conducted by the General Counsel as provided in section 403; and . Section 401(a)(4) of such Act ( 2 U.S.C. 1401(a)(4) ), as amended by section 101(a) of the Congressional Accountability Act of 1995 Reform Act ( Public Law 115–397 ; 132 Stat. 5298), is amended to read as follows: a formal hearing as provided in section 405, subject to Board review as provided in section 406, and judicial review in the United States Court of Appeals for the Federal Circuit as provided in section 407, but only if, pursuant to an investigation conducted by the General Counsel as provided in section 403, the General Counsel finds either— that there is reasonable cause to believe that the employing office involved committed a violation of part A of title II as alleged in the covered employee’s claim; or 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. . Section 401(b) of such Act ( 2 U.S.C. 1401(b) ), as amended by section 101(a) of the Congressional Accountability Act of 1995 Reform Act ( Public Law 115–397 ; 132 Stat. 5298), is amended to read as follows: A covered employee who has filed a timely claim as provided in section 402 may, during the period described in paragraph (3), file a civil action in a District Court of the United States with respect to the violation alleged in the claim, as provided in section 408. Notwithstanding paragraph
(2)or paragraph
(4)of subsection (a), if the covered employee files such a civil action— the investigation of the claim by the General Counsel as provided in section 403, or any subsequent formal hearing as provided in section 405, shall terminate upon the filing of the action by the covered employee; and the procedure for consideration of the alleged violation shall not include any further investigation of the claim by the General Counsel as provided in section 403 or any subsequent formal hearing as provided in section 405. The period described in this paragraph with respect to a claim is the 70-day period which begins on the date the covered employee files the claim under section 402. Notwithstanding paragraph (3), if a covered employee receives a written notice from the General Counsel under section 403(c)(3) that the employee has the right to file a civil action with respect to the claim in accordance with section 408, the covered employee may file the civil action not later than 90 days after receiving such written notice. . Section 401(d)(2) of such Act ( 2 U.S.C. 1401(d)(2) ), as amended by section 101(a) of the Congressional Accountability Act of 1995 Reform Act ( Public Law 115–397 ; 132 Stat. 5298), is amended by striking at any time before the date that is 10 days after a hearing officer submits the report on the preliminary review of the claim under section 403(c), and inserting at any time prior to the expiration of the 10-day period which begins on the date the General Counsel transmits the written report on the results of the investigation of the claim under section 403(c), . Section 405(a) of such Act ( 2 U.S.C. 1405(a) ), as amended by section 103(a) of the Congressional Accountability Act of 1995 Reform Act ( Public Law 115–397 ; 132 Stat. 5303), is amended to read as follows: If the General Counsel transmits a written report on the investigation of a covered employee’s claim under section 403 which includes a finding described in subparagraph (B), and if the covered employee submits a request for a hearing to the Executive Director prior to the expiration of the 10-day period which begins on the date the General Counsel transmits such a written report, 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. Paragraph
(1)does not apply with respect to a claim if the covered employee files a civil action as provided in section 408 with respect to the claim. . Section 405(d)(2) of such Act ( 2 U.S.C. 1405(d)(2) ), as amended by section 103(d) of the Congressional Accountability Act of 1995 Reform Act ( Public Law 115–397 ; 132 Stat. 5304), is amended by striking no later than 90 days after the Executive Director receives the covered employee’s request for the hearing under subsection
(a)and inserting no later than 90 days after the Executive Director receives the General Counsel’s report on the investigation of the claim . Section 405(c) of such Act ( 2 U.S.C. 1405(c) ), as amended by section 103(d) of the Congressional Accountability Act of 1995 Reform Act ( Public Law 115–397 ; 132 Stat. 5304), is amended— in paragraph (1), by striking the filing of a request for a hearing under subsection
(a)and inserting the transmission by the General Counsel of a report under subsection (a)(1) ; and by striking paragraph (3). Section 404(a)(3) of such Act ( 2 U.S.C. 1403(a)(3) ), as amended by section 104(a) of the Congressional Accountability Act of 1995 Reform Act ( Public Law 115–397 ; 132 Stat. 5305), is amended by striking including a preliminary review of the claim under section 403 and inserting including the investigation of the claim under section 403 . The table of contents of such Act is amended by amending the item relating to section 403 to read as follows: Sec. 403. Investigation of claims. .
Connectionstraces to 4
Traces to 4 documents
4 references not yet in our index
- 132 Stat. 5303
- 132 Stat. 5298
- 132 Stat. 5304
- 132 Stat. 5305
Citation graph
cites case law
Sec. 3
Requiring investigation by General Counsel of Office of Congressional Workplace Rights of all claims filed by covered employees under Congressional Accountability Act of 1995
Stat.132 Stat. 5303
Stat.132 Stat. 5298
Stat.132 Stat. 5304
Stat.132 Stat. 5305
Cites 8Cited by 0 across 0 sources