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Code · STATUTE-COMPILATIONS · Congressional Accountability Act of 1995 Reform Act · Sec. 103

Sec. 103. PRELIMINARY REVIEW OF CLAIMS BY HEARING OFFICER

1,347 words·~6 min read·/statute-compilations/comps-15330/sec-103

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## SEC. 103 PRELIMINARY REVIEW OF CLAIMS BY HEARING OFFICER ###
(a)Preliminary Review Described Title IV (2 U.S.C. 1401 et seq.), as amended by section 101(c), is further amended by inserting after section 402 the following new section: > > ## “SEC. SEC. 403 PRELIMINARY REVIEW OF CLAIMS > > **[**[2 U.S.C. 1402a](/us/usc/t2/s1402a)**]** > > > ### “(a) Preliminary Review by Hearing Officer > > > #### “(1) Appointment > > Not later than 7 days after transmission to the employing office of a claim pursuant to section 402(b), the Executive Director shall appoint a hearing officer to conduct a preliminary review of the claim. > > > #### “(2) Process for appointment > > The Executive Director shall appoint a hearing officer under this subsection in the same manner and in accordance with the same requirements and procedures applicable to the appointment of a hearing officer under section 405(c). > > > ### “(b) Assessments Required > > In conducting a preliminary review of a claim under this section, the hearing officer shall assess each of the following: > > > #### “(1) > > Whether the claimant is a covered employee authorized to obtain relief relating to the claim under this title. > > > #### “(2) > > Whether the office which is the subject of the claim is an employing office under this Act. > > > #### “(3) > > Whether the individual filing the claim has met the applicable deadlines for filing the claim under this title. > > > #### “(4) > > The identification of factual and legal issues involved with respect to the claim. > > > #### “(5) > > The specific relief sought by the individual. > > > #### “(6) > > Whether, on the basis of the assessments made under paragraphs
(1)through (5), the individual filing the claim is a covered employee who has stated a claim for which, if the allegations contained in the claim are true, relief may be granted under this title. > > > #### “(7) > > The potential for the settlement of the claim without a formal hearing as provided under section 405 or a civil action as provided under section 408. > > > ### “(c) Report on Review > > > #### “(1) Report > > Not later than 30 days after a claim is filed under section 402, the hearing officer shall submit to the individual filing the claim and the office which is the subject of the claim a report on the preliminary review conducted under this section, and shall include in the report the hearing officer’s determination as to whether the individual is a covered employee who has stated a claim for which relief may be granted under this title (as described in paragraph
(6)of subsection (b)). The submission of the report shall conclude the preliminary review. > > > #### “(2) Extension of deadline > > The hearing officer may (upon notice to the individual filing the claim and the employing office which is the subject of the claim) use an additional period of not to exceed 30 days to conclude the preliminary review. > > > ### “(d) Effect of Determination of Failure to State Claim for Which Relief May Be Granted > > If the hearing officer’s report on the preliminary review of a claim under subsection
(c)includes the determination that the individual filing the claim is not a covered employee or has not stated a claim for which relief may be granted under this title— > > > #### “(1) > > the individual (including an individual who is a Library claimant, as defined in section 401(d)(1)) may not obtain a formal hearing with respect to the claim as provided under section 405; and > > > #### “(2) > > the hearing officer shall provide the individual and the Executive Director with a written notice that the individual may file a civil action with respect to the claim in accordance with section 408. > > > ### “(e) Transmission of Report on Preliminary Review of Certain Claims to Congressional Ethics Committees > > In the case of a hearing officer’s report under subsection
(c)on the preliminary review of a claim alleging a violation described in section 415(d)(1)(A), the hearing officer shall transmit the report to— > > > #### “(1) > > the Committee on Ethics of the House of Representatives, in the case of such an act by a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress); or > > > #### “(2) > > the Select Committee on Ethics of the Senate, in the case of such an act by a Senator.” > . ###
(b)Deadline for Requesting Hearing After Preliminary Review Section 405(a) (2 U.S.C. 1405(a)) is amended to read as follows: > > ### “(a) Requirement for Hearings to Commence in Office > > > #### “(1) Hearing required upon request > > If, not later than 10 days after a hearing officer submits the report on the preliminary review of a claim under section 403(c), a covered employee submits a request to the Executive Director for a hearing under this section, 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. > > > #### “(2) Exceptions > > Paragraph
(1)does not apply with respect to the claim if— > > > ##### “(A) > > the hearing officer’s report on the preliminary review of the claim under section 403(c) includes the determination that the individual filing the claim is not a covered employee who has stated a claim for which relief may be granted under this title (as described in section 403(d)); or > > > ##### “(B) > > the covered employee files a civil action as provided in section 408 with respect to the claim.” > . ###
(c)Prohibiting Hearing Officer Conducting Preliminary Review From Conducting Hearing Section 405(c) (2 U.S.C. 1405(c)) is amended by adding at the end the following new paragraph: > > #### “(3) Prohibiting hearing officer conducting preliminary review from conducting hearing > > The Executive Director may not appoint a hearing officer to conduct a hearing under this section with respect to a claim if the hearing officer conducted the preliminary review with respect to the claim under section 403.” > . ###
(d)Deadline for Commencement of Hearing; Permitting Additional Time Section 405(d) (2 U.S.C. 1405(d)) is amended by striking paragraph
(2)and inserting the following: > > #### “(2) > > commenced no later than 90 days after the Executive Director receives the covered employee’s request for the hearing under subsection (a), except that, upon mutual agreement of the parties or for good cause, the Office shall extend the time for commencing a hearing for not more than an additional 30 days; and” > . ###
(e)Other Conforming Amendments Relating to Hearings Conducted by Office of Congressional Workplace Rights Section 405 (2 U.S.C. 1405) is amended as follows: ####
(1)In the heading, by striking “complaint and”. ####
(2)In subsection (c)(1), by striking “complaint” and inserting “request for a hearing under subsection (a)”. ####
(3)In subsection
(d)in the matter preceding paragraph (1), by striking “complaint” and inserting “claim”. ####
(4)In subsection (g), by striking “complaint” and inserting “claim”. ###
(f)Other Conforming Amendment The heading of section 414 (2 U.S.C. 1414) is amended by striking “of complaints”. ###
(g)Clerical Amendments The table of contents, as amended by section 101(e), is further amended as follows: ####
(1)By inserting after the item relating to section 402 the following new item:" ““Sec. 403. Preliminary review of claims.”.” " ####
(2)By amending the item relating to section 405 to read as follows:" ““Sec. 405. Hearing.”.” " ####
(3)By amending the item relating to section 414 to read as follows:" ““Sec. 414. Settlement.”.” "
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Citation graph
cites case law
Sec. 103
PRELIMINARY REVIEW OF CLAIMS BY HEARING OFFICER
U.S.C.§ 1401
U.S.C.§ 1402a
U.S.C.§ 1405
U.S.C.§ 1414
Cites 4Cited by 0 across 0 sources
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