,i #aafth ,,congress #ast ,session ,h4 ,r4 #edfd ,,in ,,the ,,house ,,of ,,representatives ,december #ag1 #bjai,ms4 ,speier 7for herself1 ,mr4 ,byrne1 ,ms4 ,underwood1 ,mr4 ,fitzpatrick1 and ,ms4 ,kuster of ,new ,hampshire7 introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to amend the ,congressional ,accountability ,act of #aiie to require ,members of ,congress to reimburse the ,treasury for amounts paid as settlements and awards under such ,act in all cases of employment discrimination acts committed personally by ,members1 to require the ,general ,counsel of the ,office of ,congressional ,workplace ,rights to conduct an investigation of all workplace discrimination claims filed by covered employees under such ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,congressional ,accountability ,act ,enhancement ,act4 #b4 ,requiring ,members of ,congress to reimburse ,treasury for amounts paid as settlements and awards under ,congressional ,accountability ,act of #aiie in all cases of employment discrimination acts by ,members 7a7 ,requiring reimbursement ,clause 7i7 of section #dae7;d77#a77;,c7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adae7;d77#a77;,c771 as amended by section #aaa7;a7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ecjf7 is amended to read as follows3 7i7 a violation of section #bja7;a7 or section #bjf7;a72 or 4 7b7 ,conforming amendment relating to notification of possibility of reimbursement ,clause 7i7 of section #djb7;b77#b77;,b7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adjb7;b77#b77;,b771 as amended by section #ajb7;a7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ecja71 is amended to read as follows3 7i7 a violation of section #bja7;a7 or section #bjf7;a72 or 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to claims under the ,congressional ,accountability ,act of #aiie which are made on or after the date of the enactment of this ,act4 #c4 ,requiring investigation by ,general ,counsel of ,office of ,congressional ,workplace ,rights of all claims filed by covered employees under ,congressional ,accountability ,act of #aiie 7a7 ,requiring investigation of claims ,section #djc of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adjc71 as amended by section #ajc7;a7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ecjc71 is amended to read as follows3 #djc4 ,investigation of claims 7a7 ,investigation ,upon the completion of the initial processing of a claim under section #djb7;b71 the ,general ,counsel shall conduct an investigation of the claim involved4 7b7 ,subpoenas ,to carry out an investigation under this section1 the ,general ,counsel may issue subpoenas in the same manner1 and subject to the same terms and conditions1 as a hearing officer may issue subpoenas to carry out discovery with respect to a hearing under section #dje1 except that the ,general ,counsel may issue such a subpoena on the ,general ,counsel's own initiative1 without regard to whether or not a party requests that the ,general ,counsel issue the subpoena4 ,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 7e74 7c7 ,report2 findings 7#a7 ,report ,upon concluding an investigation of a claim under this section1 the ,general ,counsel shall transmit a written report on the results of the investigation to the covered employee and the employing office involved4 7#b7 ,inclusion of findings ,the ,general ,counsel shall include in the report transmitted under paragraph 7#a7 one of the following findings3 7,a7 ,a finding that there is reasonable cause to believe that the employing office committed a violation of part ,a of title ,,ii1 as alleged in the covered employee's claim4 7,b7 ,a finding that there is no reasonable cause to believe that the employing office committed a violation of part ,a of title ,,ii1 as alleged in the covered employee's claim4 7,c7 ,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 ,,ii1 as alleged in the covered employee's claim4 7#c7 ,notice of right to file civil action ,if the ,general ,counsel transmits a finding under subparagraph 7,b7 of paragraph 7#b71 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 #djh4 7#d7 ,transmission to ,executive ,director ,if the ,general ,counsel transmits a finding under subparagraph 7,a7 or subparagraph 7,c7 of paragraph 7#b71 the ,general ,counsel shall also transmit the report to the ,executive ,director4 7#e7 ,transmission of report on investigation of certain claims to ,congressional ethics committees ,in the case of a report transmitted by the ,general ,counsel under paragraph 7#a7 on the results of an investigation of a claim alleging a violation described in section #dae7;d77#a77;,a71 the ,general ,counsel shall transmit the report to-- 7,a7 the ,committee on ,ethics of the ,house of ,representatives1 in the case of a violation involving a ,member of the ,house 7including a ,delegate or ,resident ,commissioner to the ,congress72 or 7,b7 the ,select ,committee on ,ethics of the ,senate1 in the case of a violation involving a ,senator4 7d7 ,recommendation of mediation ,at any time during the investigation of a claim under this section1 the ,general ,counsel may make a recommendation that the covered employee and the employing office pursue mediation under section #djd with respect to the claim4 7e7 ,deadline for concluding investigation ,the ,general ,counsel shall conclude the investigation of a claim under this subsection1 and transmit the report on the results of the investigation1 not later than #ij days after the claim is filed under section #djb1 except that the ,general ,counsel may 7upon notice to the parties to the investigation7 use an additional period of not to exceed #cj days to conclude the investigation4 4 7b7 ,conforming amendments relating to description of procedures available for consideration of alleged violations 7#a7 ,in general ,section #dja7;a77#b7 of such ,act 7#b ,u4,s4,c4 #adja7;a77#b771 as amended by section #aja7;a7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ebih71 is amended to read as follows3 7#b7 an investigation of the claim1 to be conducted by the ,general ,counsel as provided in section #djc2 and 4 7#b7 ,conditions for availability of formal hearing ,section #dja7;a77#d7 of such ,act 7#b ,u4,s4,c4 #adja7;a77#d771 as amended by section #aja7;a7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ebih71 is amended to read as follows3 7#d7 a formal hearing as provided in section #dje1 subject to ,board review as provided in section #djf1 and judicial review in the ,united ,states ,court of ,appeals for the ,federal ,circuit as provided in section #djg1 but only if1 pursuant to an investigation conducted by the ,general ,counsel as provided in section #djc1 the ,general ,counsel finds either-- 7,a7 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 claim2 or 7,b7 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 claim4 4 7#c7 ,right of employee to file civil action ,section #dja7;b7 of such ,act 7#b ,u4,s4,c4 #adja7;b771 as amended by section #aja7;a7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ebih71 is amended to read as follows3 7b7 ,right of employee ,to file civil action 7#a7 ,civil action ,a covered employee who has filed a timely claim as provided in section #djb may1 during the period described in paragraph 7#c71 file a civil action in a ,district ,court of the ,united ,states with respect to the violation alleged in the claim1 as provided in section #djh4 7#b7 ,effect of filing civil action ,notwithstanding paragraph 7#b7 or paragraph 7#d7 of subsection 7a71 if the covered employee files such a civil action-- 7,a7 the investigation of the claim by the ,general ,counsel as provided in section #djc1 or any subsequent formal hearing as provided in section #dje1 shall terminate upon the filing of the action by the covered employee2 and 7,b7 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 #djc or any subsequent formal hearing as provided in section #dje4 7#c7 ,period for filing civil action ,the period described in this paragraph with respect to a claim is the #gj-;day period which begins on the date the covered employee files the claim under section #djb4 7#d7 ,special rule for employees receiving finding of no reasonable cause under investigation by ,general ,counsel ,notwithstanding paragraph 7#c71 if a covered employee receives a written notice from the ,general ,counsel under section #djc7;c77#c7 that the employee has the right to file a civil action with respect to the claim in accordance with section #djh1 the covered employee may file the civil action not later than #ij days after receiving such written notice4 4 7#d7 ,special rules for ,library of ,congress claimants ,section #dja7;d77#b7 of such ,act 7#b ,u4,s4,c4 #adja7;d77#b771 as amended by section #aja7;a7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ebih71 is amended by striking at any time before the date that is #aj days after a hearing officer submits the report on the preliminary review of the claim under section #djc7;c71 and inserting at any time prior to the expiration of the #aj-;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 #djc7;c714 7c7 ,conforming amendments relating to hearings conducted after investigation 7#a7 ,availability of hearing conducted by ,office of ,congressional ,workplace ,rights ,section #dje7;a7 of such ,act 7#b ,u4,s4,c4 #adje7;a771 as amended by section #ajc7;a7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ecjc71 is amended to read as follows3 7a7 ,requirement for hearings conducted by ,office 7#a7 ,result of certain findings by ,general ,counsel 7,a7 ,in general ,if the ,general ,counsel transmits a written report on the investigation of a covered employee's claim under section #djc which includes a finding described in subparagraph 7,b71 and if the covered employee submits a request for a hearing to the ,executive ,director prior to the expiration of the #aj-;day period which begins on the date the ,general ,counsel transmits such a written report1 the ,office shall conduct a hearing to consider the claim and render a decision4 7,b7 ,findings described ,a finding described in this subparagraph is-- 7i7 a finding under section #djc7;c77#b77;,a7 that there is reasonable cause to believe that an employing office committed a violation of part ,a of title ,,ii1 as alleged in a claim filed by a covered employee2 or 7ii7 a finding under section #djc7;c77#b77;,c7 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 ,,ii1 as alleged in the covered employee's claim4 7#b7 ,exception ,paragraph 7#a7 does not apply with respect to a claim if the covered employee files a civil action as provided in section #djh with respect to the claim4 4 7#b7 ,deadline for commencement of hearing ,section #dje7;d77#b7 of such ,act 7#b ,u4,s4,c4 #adje7;d77#b771 as amended by section #ajc7;d7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ecjd71 is amended by striking no later than #ij days after the ,executive ,director receives the covered employee's request for the hearing under subsection 7a7 and inserting no later than #ij days after the ,executive ,director receives the ,general ,counsel's report on the investigation of the claim4 7#c7 ,other conforming amendments ,section #dje7;c7 of such ,act 7#b ,u4,s4,c4 #adje7;c771 as amended by section #ajc7;d7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ecjd71 is amended-- 7,a7 in paragraph 7#a71 by striking the filing of a request for a hearing under subsection 7a7 and inserting the transmission by the ,general ,counsel of a report under subsection 7a77#a72 and 7,b7 by striking paragraph 7#c74 7d7 ,conforming amendment relating to availability of mediation during process ,section #djd7;a77#c7 of such ,act 7#b ,u4,s4,c4 #adjc7;a77#c771 as amended by section #ajd7;a7 of the ,congressional ,accountability ,act of #aiie ,reform ,act 7,public ,law #aae-cig2 #acb ,stat4 #ecje71 is amended by striking including a preliminary review of the claim under section #djc and inserting including the investigation of the claim under section #djc4 7e7 ,clerical amendment ,the table of contents of such ,act is amended by amending the item relating to section #djc to read as follows3 ,sec4 #djc4 ,investigation of claims4 4