View all text of Subchapter IV [§ 1401 - § 1417]
§ 1402a. Preliminary review of claims
(a) Preliminary review by hearing officer
(1) Appointment
(2) Process for appointment
(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 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) Report on review
(1) Report
(2) Extension of deadline
(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 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) 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 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.
(Pub. L. 104–1, title IV, § 403, as added Pub. L. 115–397, title I, § 103(a), Dec. 21, 2018, 132 Stat. 5303.)