§1402a — Title 2 The Congress | U.S. Code

Summary

Within 7 days after a claim is sent to the employing office, the Executive Director must pick a hearing officer to do a quick review. The hearing officer is chosen the same way hearing officers are chosen for formal hearings. The hearing officer must check if the person who filed the claim is a covered employee, if the office named is an employing office, if the claim was filed on time, what facts and legal questions are involved, what relief is asked for, whether the claim could win if the allegations are true, and whether the claim might be settled without a formal hearing or a civil lawsuit. Within 30 days after the claim is filed the officer must send a report to the person and the office, which ends the review. The officer may take one extra 30-day period with notice. If the report says the person is not covered or did not state a valid claim (this includes Library claimants), the person cannot get a formal hearing and must be told in writing that they may file a civil action. If the claim alleges an ethics violation by a Member, the report must go to the House or Senate ethics committee as appropriate.

Title 2, §1402a

The Congress — Source: USLM XML via OLRC

(a)(1)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.

(2)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.

(b)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 subchapter.

(2)Whether the office which is the subject of the claim is an employing office under this chapter.

(3)Whether the individual filing the claim has met the applicable deadlines for filing the claim under this subchapter.

(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 subchapter.

(7)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.

(c)(1)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.

(2)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)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—

(1)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

(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 1408 of this title.

(e)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—

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(2), was in the original “this Act”, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1301 of this title and Tables.

Prior Provisions

A prior section 403 of Pub. L. 104–1 was renumbered section 404 and is classified to section 1403 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon expiration of the 180-day period beginning on Dec. 21, 2018, with provisions for effect on pending proceedings, see section 401 of Pub. L. 115–397, set out as an

Effective Date

of 2018 Amendment note under section 1301 of this title.

§1402a Preliminary Review of Claims

Summary

Title 2, §1402a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata