2 U.S.C. § 1402a — Preliminary review of claims
submitted 8 years ago by Pub. L. 104-1 to r/title-2-THE-CONGRESS · 660 words · no verdicts yet
This section requires a hearing officer to conduct a preliminary review of a claim after it is sent to the employing office. The officer assesses eligibility, deadlines, issues, requested relief, possible settlement, and whether the claim can proceed, then issues a report with specified consequences.
(a) Preliminary review by hearing officer. (1) Appointment. Within 7 days after a claim is sent to the employing office* under section 1402(b), the Executive Director* must appoint a hearing officer to conduct a preliminary review. (2) Process for appointment. The Executive Director must appoint the officer in the same way, and under the same requirements and procedures, as an officer appointed under section 1405(c).
(b) Required assessments. In reviewing the claim, the hearing officer must assess: (1) whether the claimant is a covered employee* authorized to obtain relief under this subchapter; (2) whether the office* named in the claim is an employing office under this chapter; (3) whether the claimant met the applicable filing deadlines; (4) the factual and legal issues involved; (5) the specific relief requested; (6) whether, based on the assessments in paragraphs (1) through (5), the claimant is a covered employee* who has stated a claim for which relief could be granted if the claim’s allegations are true; and (7) whether the claim could be settled without a formal hearing under section 1405 or a civil action under section 1408.
(c) Review report. (1) Within 30 days after the claim is filed under section 1402, the hearing officer must send the claimant and the office named in the claim a report on the preliminary review. The report must state whether the claimant is a covered employee who has stated a claim for which relief may be granted under this subchapter, as described in subsection (b)(6). Sending the report ends the preliminary review. (2) After notifying the claimant and employing office, the officer may use up to 30 additional days to finish the review.
(d) Effect of finding that no claim for relief was stated. If the report says that the claimant is not a covered employee or did not state a claim for which relief may be granted, (1) the claimant, including a Library claimant as defined in section 1401(d)(1), may not obtain a formal hearing under section 1405; and (2) the hearing officer must give the claimant and Executive Director written notice that the claimant may file a civil action under section 1408.
(e) Sending reports on certain claims to congressional ethics committees. If the report concerns a claim alleging a violation described in section 1415(d)(1)(A), the hearing officer must send it to (1) the House Committee on Ethics if the alleged act was by a House Member, including a Delegate or Resident Commissioner; or (2) the Senate Select Committee on Ethics if the alleged act was by a Senator.
Not later than 7 days after transmission to the employing office* of a claim pursuant to section 1402(b) of this title, the Executive Director* shall appoint a hearing officer to conduct a preliminary review of the claim.
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 1405(c) of this title.
In conducting a preliminary review of a claim under this section, the hearing officer shall assess each of the following:
Whether the claimant is a covered employee* authorized to obtain relief relating to the claim under this subchapter.
Whether the office* which is the subject of the claim is an employing office under this chapter.
Whether the individual filing the claim has met the applicable deadlines for filing the claim under this subchapter.
The identification of factual and legal issues involved with respect to the claim.
The specific relief sought by the individual.
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 subchapter.
The potential for the settlement of the claim without a formal hearing as provided under section 1405 of this title or a civil action as provided under section 1408 of this title.
Not later than 30 days after a claim is filed under section 1402 of this title, 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 subchapter (as described in paragraph (6) of subsection (b)). The submission of the report shall conclude the preliminary review.
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.
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 subchapter—
the individual (including an individual who is a Library claimant, as defined in section 1401(d)(1) of this title) may not obtain a formal hearing with respect to the claim as provided under section 1405 of this title; and
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 1408 of this title.
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 1415(d)(1)(A) of this title, the hearing officer shall transmit the report to—
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
the Select Committee on Ethics of the Senate, in the case of such an act by a Senator.
Source credit: (Pub. L. 104–1, title IV, § 403, as added Pub. L. 115–397, title I, § 103(a), Dec. 21, 2018, 132 Stat. 5303.)
- 2018Enacted · Pub. L. 104-1 · 132 Stat. 5303
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-1 on 2018-12-21.
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