Francisco Cojuanco

Fair enough.

Harrassment and misconduct - especially sexual - isn't a GOP/DEM issue. It is accountability issue. 1/3 How can we legislate to go after monsters like Weinstein if we aren't also held accountable? 2/3 Ladies and gentlemen, the good ol'boys club is over. #metoo #keepushonest 3/3

Just to reiterate for the rosters and Vote Caluclators: The last name is "de la Cruz" not "Cruz."

Mr. de la Cruz, for himself (with thanks to Ms. Speier of California), introduces A BILL To amend the Congressional Accountability Act to protect the rights of staffers employed by the Congress, and for connected purposes. SEC. 1 SHORT TITLE AND REFERENCES a. This Act may be cited as the Congressional Upgrading and Strengthening Training, Operations and Oversight Act of 2017, or the “Congressional US TOO Act.” b. Unless otherwise provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to pertain to the Congressional Accountability Act of 1995, 2 U.S.C. 1301 et. seq. SEC. 2 WAIVER OF COUNSELING AND MEDIATION AS PREREQUISITE FOR FILING OF COMPLAINT OR CIVIL ACTION (a) Waiving Counseling; Permitting Initial Request To Be Made Anonymously.—The first sentence of section 402(a) (2 U.S.C. 1402(a)) is amended to read as follows: “A covered employee alleging a violation of law made applicable under part A of title II may, at the option of the covered employee, request counseling by the Office, and may make the request anonymously.”. (b) Waiving Mediation.—Section 403(a) (2 U.S.C. 1403(a)) is amended to read as follows: “(a) Initiation.—In the case of a covered employee who alleged a violation of a law and who requested counseling by the Office under section 402(a), not later than 15 days after receipt by the employee of notice of the end of the counseling period under such section, the employee may, at the option of the employee, file a request for mediation with the Office.”. (c) Time For Election Of Proceeding; Permitting Initial Election To Be Made Anonymously.—Section 404 (2 U.S.C. 1404) is amended to read as follows: “SEC. 404. ELECTION OF PROCEEDING. “(a) Election.—Not later than the applicable deadline under subsection (b), a covered employee alleging a violation of a law made applicable under part A of title II may either— “(1) file a complaint with the Office in accordance with section 405; or “(2) file a civil action in accordance with section 408 in the United States district court for the district in which the employee is employed or for the District of Columbia. “(b) Applicable Deadline.—The applicable deadline under this subsection is— “(1) in the case of a covered employee who requests counseling by the Office under section 402 but who does not request mediation under section 403, not later than 180 days after the end of the period of counseling under section 402; “(2) in the case of a covered employee who requests counseling by the Office under section 402 and mediation under section 403, not later than 180 days after the end of the period of mediation under section 403; or “(3) in the case of any other covered employee, not later than 1 year after the date of the alleged violation.”. (d) Conforming Amendment.—Section 405(a) (2 U.S.C. 1405(a)) is amended by striking “, upon the completion of mediation under section 403,”. SEC. 3 CHANGE TO INVESTIGATIVE AUTHORITY (a) Use Of Separate Investigative Authority.—Section 405(e) (2 U.S.C. 1405(e)) is amended to read as follows: “(e) Investigative Authority.— “(1) USE OF SEPARATE AUTHORITY TO CONDUCT INVESTIGATIONS.—The investigation of any complaint filed under this section shall be carried out by an investigative authority assigned by the Board, who may be an employee of the Office or a contractor designated by the Office for purposes of carrying out investigations under this section, except that the hearing officer appointed to consider the complaint may not serve as the investigative authority with respect to the complaint. “(2) TYPES OF INVESTIGATIONS AUTHORIZED.— “(A) INITIAL STATEMENT.—The investigative authority assigned to investigate a complaint may require the covered employee who filed the complaint to provide an initial statement which includes the following information: “(i) A statement of each specific harm relating to the complaint that the employee has suffered and the date on which each harm occurred. “(ii) For each such harm, a statement specifying the act, policy or practice which is alleged to be in violation of part A of title II. “(iii) For each act, policy, or practice alleged to have harmed the covered employee, a statement of the facts which led the person claiming to be aggrieved to believe that the act, policy or practice is in violation of part A of title II. “(B) FACT-FINDING CONFERENCE WITH PARTIES TO THE COMPLAINT.—As part of its investigation of a complaint, the investigative authority may require a fact-finding conference with the parties in order to define the issues arising from the complaint, to determine which elements of the complaint are undisputed, to resolve those issues that can be resolved, and to ascertain whether there is a basis for negotiated settlement of the complaint. At the request of the covered employee involved, the investigative authority shall ensure that the parties are separated during this conference. “(C) OTHER FORMS OF INVESTIGATION.—In addition to the types of investigative activity described in subparagraphs (A) and (B), the investigative authority may carry out such other types of investigative activity with respect to a complaint as it considers appropriate, including prehearing discovery and the issuance of subpoenas in accordance with subsection (f).”. (b) Conforming Amendments Relating To Subpoena Authority.—Section 405(f) (2 U.S.C. 1405(f)) is amended— (1) in paragraph (1), by striking “a hearing officer may issue subpoenas” and inserting “an investigative authority under subsection (e) may issue subpoenas”; and (2) in paragraph (2), by striking “in connection with a proceeding before a hearing officer” and inserting “in connection with a complaint under this section”. SEC. 4 VICTIMS' COUNSEL (a) Availability Of Victims’ Counsel.—Title IV (2 U.S.C. 1401 et seq.) is amended by inserting after section 407 the following new section: “SEC. 407A. VICTIMS’ COUNSEL. “(a) Availability Of Counsel.— “(1) IN GENERAL.—A covered employee who alleges a violation of part A of title II shall be offered the option of receiving assistance from a Victims’ Counsel under this section upon— “(A) the employee’s request for counseling by the Office under section 402, in the case of a covered employee who makes such a request; or “(B) the filing by the employee of a complaint with the Office in accordance with section 405, in the case of a covered employee who does not make a request for counseling by the Office under section 402. “(2) TIMING OF PROVIDING OPTION TO RECEIVE ASSISTANCE.—Prior to requesting any statement from an individual described in paragraph (1) regarding the allegation made by the individual (including an individual who makes the allegation anonymously in requesting counseling under section 402), or conducting any other form of investigation of the allegation, the Office shall give reasonable written notice to the individual of the availability of assistance from a Victims’ Counsel under this section. “(3) CONTINUING AVAILABILITY OF ASSISTANCE.—The Office shall inform an individual described in paragraph (1) in writing that if the individual declines the assistance of a Victims’ Counsel, in whole or in part, at the time the assistance is offered under paragraph (1), the individual may subsequently request such assistance and such assistance will be provided to the individual. “(b) Designation.— “(1) IN GENERAL.—The Board shall designate legal counsel, to be known as ‘Victims’ Counsel’, to— “(A) provide legal assistance in accordance with this section to a covered employee who alleges a violation of part A of title II; and “(B) provide counseling by the Office under section 402 for a covered employee who alleges a violation of part A of title II and who requests counseling under such section. “(2) QUALIFICATIONS.—An individual may not be designated as a Victims’ Counsel under this section unless the individual— “(A) is an attorney who is a member of the bar of a Federal court or of any State, Territory or Commonwealth, or of the District of Columbia; and “(B) is certified as competent to be designated as a Victims’ Counsel by the Executive Director pursuant to an objective civil-service-type examination. “(3) TRAINING REQUIREMENTS.—The Office shall— “(A) establish the baseline training requirements for a Victims’ Counsel; and “(B) develop a policy to standardize the time period within which a Victims’ Counsel receives training. “(4) AUTHORITY TO PROVIDE ASSISTANCE IN ANY JURISDICTION.—Notwithstanding any law regarding the licensure of attorneys, a Victims’ Counsel who is authorized to provide assistance under this section is authorized to provide that assistance in any jurisdiction, subject to such regulations as may be prescribed by the Office. “(c) Types Of Legal Assistance Authorized.—The types of legal assistance that a Victims’ Counsel may provide to a covered employee who alleges a violation of part A of title II include the following: “(1) Legal consultation regarding potential liability, including criminal liability, arising from or in relation to the circumstances surrounding the alleged violation and the covered employee’s rights under this Act. “(2) Legal consultation regarding the responsibilities and support provided to the covered employee under this Act. “(3) Legal consultation regarding the potential for civil litigation against other parties (other than the United States) arising from the alleged violation. “(4) Legal consultation regarding procedures under this Act and procedures applicable to civil actions arising from the alleged violation, including— “(A) the roles and responsibilities of the Office, the House Employment Counsel, and similar authorities; “(B) any proceedings conducted under this Act or pursuant to a civil action which the covered employee may observe; “(C) the authority of a hearing officer to compel cooperation and testimony under proceedings held under section 405; and “(D) the covered employee’s duties relating to such proceedings, including the responsibility to testify. “(5) Representing the covered employee at any proceedings in connection with the complaint, other than a civil action under section 406. “(6) Legal consultation and assistance— “(A) in personal civil legal matters related to the covered employee’s complaint (other than a civil action under section 406); “(B) in any proceedings of the Office, the Committee on Ethics of the House of Representatives (including the Office of Congressional Ethics), the Select Committee on Ethics of the Senate, or any other administrative or judicial body related to the covered employee’s complaint; “(C) in understanding the availability of, and obtaining any protections offered by, protecting or restraining orders; and “(D) in understanding the eligibility and requirements for obtaining any employment or other benefits under State and Federal victims’ compensation programs. “(d) Nature Of Relationship.—The relationship between a Victims’ Counsel and a covered employee in the provision of legal advice and assistance under this section shall be the relationship between an attorney and client”. (b) Conforming Amendment Relating To Responsibility Of Victims’ Counsel To Carry Out Counseling.—Section 402 (2 U.S.C. 1402) is amended by adding at the end the following new subsection: “(d) Role Of Victims’ Counsel.—If a covered employee who requests counseling under this section also requested the assistance of a Victims’ Counsel under section 407A, the Victims’ Counsel assigned to provide assistance to the employee shall carry out the counseling for the Office under this section.”. (c) Clerical Amendment.—The table of contents is amended by inserting after the item relating to section 407 the following new item: “Sec. 407A. Victims’ Counsel.”. SEC. 5 PROHIBITING IMPOSITION OF NONDISCLOSURE AGREEMENTS. Section 401 (2 U.S.C. 1401) is amended— (1) by striking “Except as otherwise provided” and inserting “(a) Procedures Available.—Except as otherwise provided”; and (2) by adding at the end the following new subsection: “(b) Prohibiting Imposition Of Nondisclosure Agreements As Prerequisite For Procedures.— “(1) IN GENERAL.—A nondisclosure agreement may not be imposed on any party as a condition of the initiation of any of the procedures available under this title for consideration of a violation of part A of title II unless the duration of the agreement is for a finite period of time, not to exceed ten months, agreed to by all of the parties involved, including the covered employee and the employing office. “(2) EXCEPTIONS.—Nothing in paragraph (1) may be construed to prohibit the parties to any procedure available under this title from entering into— “(A) a nondisclosure agreement agreed to by all of the parties involved regarding the contents of any mediation conducted under section 403, so long as the agreement does not apply after the conclusion of the mediation or apply to the nondisclosure of the fact that a dispute is being mediated between the parties, without reference to the cause of the dispute; or “(B) a nondisclosure agreement agreed to by all of the parties involved as part of the settlement of any complaint filed with the Office in accordance with section 405 or any civil action initiated in accordance with section 408 provided that disclosure of the fact that a dispute was settled between the parties shall not be prohibited by such agreement.”. SEC. 6 AVAILABILITY OF PAID LEAVE OF ABSENCE DURING PENDENCY OF PROCEEDINGS Section 401 (2 U.S.C. 1401), as amended by section 104, is further amended by adding at the end the following new subsection: “(c) Availability Of Remote Work Assignment Or Paid Leave Of Absence During Pendency Of Procedures.— “(1) REQUIREMENTS FOR EMPLOYING OFFICES - PAID LEAVE OF ABSENCE.— At the request of a covered employee who alleges a violation of part A of title II by the covered employee’s employing office, during the pendency of any of the procedures available under this title for consideration of the violation, the employing office shall offer paid leave of absence to a covered employee. “(2) EXCLUSION FROM CAP ON NUMBER OF EMPLOYEES OF OFFICE OF MEMBER OR COMMITTEE OF THE HOUSE OF REPRESENTATIVES.—If the office of a Member or committee of the House of Representatives offers a covered employee of such office a paid leave of absence under paragraph (1), and the covered employee accepts, during the period in which the employee is on the paid leave of absence, the employee shall not be counted among the number of employees of the office— “(A) in the case of the office of a Member of the House, for purposes of section 104(a) of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5321(a)); or “(B) in the case of the office of a committee of the House, for purposes of any rule or regulation of the House which governs the number of employees the committee may appoint. “(3) EXCEPTION FOR ARRANGEMENTS SUBJECT TO COLLECTIVE BARGAINING AGREEMENTS.—Paragraph (1) does not apply to the extent that it is inconsistent with the terms and conditions of any collective bargaining agreement which is in effect with respect to an employing office.”. SEC. 7 REQUIRING PARTIES TO BE SEPARATED DURING MEDIATION AT REQUEST OF EMPLOYEE. Section 403(b)(2) (2 U.S.C. 1403(b)(2)) is amended by striking “meetings with the parties separately or jointly” and inserting “meetings with the parties during which, at the request of the covered employee, the parties shall be separated,”. SEC. 8 DEADLINE FOR COMPLETION OF HEARINGS. (a) In General.—Section 405(g) (2 U.S.C. 1405(g)) is amended by striking “90 days after the conclusion of the hearing” and inserting “the earlier of 90 days after the conclusion of the hearing or 180 days after the filing of the complaint under subsection (a), unless continued upon the informed agreement of both parties”. (b) Effective Date.—The amendment made by subsection (a) shall apply with respect to complaints filed under section 405 of the Congressional Accountability Act (2 U.S.C. 1405) on or after the date of the enactment of this Act. SEC. 9 CLARIFICATION OF AUTHORITY OF PARTIES TO REACH AGREEMENTS WITHOUT APPROVAL OF CONGRESSIONAL COMMITTEES. (a) In General.—Section 414 (2 U.S.C. 1414) is amended— (1) by striking “Any settlement” and inserting “(a) Criteria For Settlement.—Any settlement”; and (2) by adding at the end the following new subsection: “(b) Authority Of Parties To Reach Agreements Without Specific Approval Of Committees.—Any counsel representing an employing office in any proceeding referred to in subsection (a) has the authority to negotiate the terms and conditions of any settlement of any such proceeding, including making the final determination of any amount paid to any party, without the approval of any committee of Congress.”. (b) Conforming Amendment Relating To Authority Of Committees To Determine Range Of Appropriate Settlement Amounts.—Section 414(a) (2 U.S.C. 1414(a)), as amended by subsection (a), is amended by striking the period at the end and inserting the following: “, including rules setting forth a range of appropriate settlement amounts for various types of violations of this Act or any amendment made by this Act.”. SEC. 10 MODIFICATION OF RULES ON CONFIDENTIALITY OF PROCEEDINGS. (a) Counseling.—Section 416(a) (2 U.S.C. 1416(a)) is amended by striking “All counseling” and inserting “At the request of the covered employee who requests counseling, all counseling”. (b) Mediation.—Section 416(b) (2 U.S.C. 1416(b)) is amended by striking “All mediation” and inserting “All information discussed or disclosed in the course of any mediation”. SEC. 11 REQUIREMENTS FOR PROGRAMS OF SEXUAL HARASSMENT PREVENTION AND RESPONSE TRAINING IN EMPLOYMENT. (a) Requirements For Programs.—Section 301 (2 U.S.C. 1381) is amended by adding at the end the following new subsection: “(l) Special Requirements For Programs Of Sexual Harassment Prevention And Response Training In Employment.— “(1) ELEMENTS OF PROGRAM.—The Office shall include among the programs carried out under subsection (h) a program of sexual harassment prevention and response training in employment which provides at least one hour of training and which includes the following elements: “(A) Practical examples, derived from situations easily recognizable to employees of the employing offices involved, which are aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and at instructing employees in how to recognize situations of harassment. “(B) Information regarding the rights of employees, the options for reporting complaints, and an overview of the dispute resolution process. “(C) Training regarding bystander intervention. “(D) An overview of the consequences for perpetrating sexual harassment. “(E) Information regarding anti-retaliation policies for witnesses to or individuals who experience sexual harassment and come forward to report it. “(F) Interactive methods of instruction which apply adult learning methodology. “(2) ADDITIONAL INFORMATION FOR HEADS OF OFFICES AND SENIOR STAFF.— “(A) INFORMATION DESCRIBED.—In addition to the program described in paragraph (1), the Office shall provide specific instruction to the heads of employing offices (including Members of Congress) and to the senior staff of employing offices on the following issues relating to sexual harassment: “(i) The steps such an individual should take upon becoming aware of an incident of sexual harassment involving an employee of the employing office. “(ii) The role of the Office in investigating and responding to incidents of sexual harassment. “(iii) The assistance such an individual may provide to an employee of the employing office who wishes to report an alleged incident of sexual harassment to the Office for action under title IV, including informing the employee of the employee’s rights and protections under such title, the employee’s options for reporting the incident, and an overview of the procedures applicable under such title. “(iv) The potential liability (including financial liability) which may arise from such an incident of sexual harassment, including from a determination that the failure of the employing office to respond appropriately to such an incident is evidence of a hostile work environment in the employing office. “(B) SENIOR STAFF DEFINED.—In this paragraph, the term ‘senior staff’ means any individual who is required to file a report under title I of the Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.). “(3) CONSULTATION.—In carrying out the program described in paragraph (1), the Office shall consult with Workplaces Respond to Domestic and Sexual Violence: A National Resource Center (also known as ‘Workplaces Respond’), the nonprofit nongovernmental entity described in section 41501 of the Violence Against Women Act of 1994 (34 U.S.C. 12501). “(4) DEFINITION.—For purposes of this subsection, ‘sexual harassment’ means any conduct directed at an individual which consists of unwelcome sexual advances, requests for sexual favors, any other conduct of a sexual nature, or conduct based on the individual’s sex if such conduct has the purpose or effect of interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment, or if submission to or rejection of such conduct by the individual is used as the basis for employment decisions affecting the individual, or if submission by the individual to such conduct is made either explicitly or implicitly a term or condition of the individual’s employment.”. (b) Effective Date.—The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. SEC. 12 PERSONAL LIABILITY OF MEMBERS OF CONGRESS FOR PAYMENT OF SETTLEMENTS AND AWARDS. Section 415 (2 U.S.C. 1415) is amended by adding at the end the following new subsection: “(d) Personal Liability Of Members Of Congress For Payment Of Settlements And Awards.—If a payment is made from the account described in subsection (a) for an award or settlement resulting from a violation of part A of title II which was committed personally by a Member of Congress, the Member who committed the violation shall reimburse the account for the amount of the award or settlement. If the Member shall fail to reimburse, the Secretary of the Treasury shall have a federal cause of action to recover the amount to be reimbursed, a penalty equivalent to twice the value to be reimbursed, or both”. SEC. 13 REPORTS ON COMPLAINTS AND PAYMENTS. (a) Requiring Submission And Publication Of Report.—Section 301(h) (2 U.S.C. 1381(h)) is amended— (1) by striking “and” at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting “; and”; and (3) by adding at the end the following new paragraph: “(4) in addition to compiling and publishing the statistics described in paragraph (3), not later than 60 days after the end of each calendar year, submit to Congress and publish on the Office’s public website a report identifying each employing office with respect to which an award or settlement was paid during the previous year as the result of an allegation made of a violation of part A of title II, the number of such allegations made against the employing office, and the amount of the award or settlement, except that such report may not disclose the identity of an individual who made such an allegation at any time.”. (b) Effective Date.—The amendment made by subsection (a) shall apply with respect to 2017 and each succeeding year. SEC. 14 EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS AGAINST EMPLOYMENT DISCRIMINATION. Section 201 (2 U.S.C. 1311) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: “(d) Application To Unpaid Staff.— “(1) IN GENERAL.—Subsections (a) and (b) shall apply with respect to any staff of an employing office who carry out official duties of the employing office but who are not paid by the employing office for carrying out such duties, including an intern (including an applicant for an internship and a former intern), an individual detailed to an employing office, and an individual participating in a fellowship program, in the same manner and to the same extent as such subsections apply with respect to an employee. “(2) INTERN DEFINED.—The term ‘intern’ means an individual who performs uncompensated voluntary service for an employing office to earn credit awarded by an educational institution or to learn a trade or occupation, and includes any individual participating in a page program operated by any House of Congress.”. SEC. 15 APPLICATION OF WHISTLEBLOWER PROTECTION RULES. (a) In General.—Part A of title II (2 U.S.C. 1311 et seq.) is amended— (1) in the heading, by striking “FAIR LABOR STANDARDS,” and all that follows and inserting “AND OTHER PROTECTIONS AND BENEFITS”; (2) by redesignating section 207 as section 208; and (3) by inserting after section 206 the following new section: “SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLEBLOWER PROTECTION RULES. “(a) Rights And Protections Described.— “(1) IN GENERAL.—No employing office may take or fail to take, or threaten to take or fail to take, a personnel action (within the meaning of chapter 23 of title 5, United States Code) with respect to any covered employee or applicant for employment because of— “(A) any disclosure of information by a covered employee or applicant which the employee or applicant reasonably believes evidences— “(i) a violation of any law, rule, or regulation, or “(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order or the rules of the House of Representatives or Senate to be kept secret in the interest of national defense or the conduct of foreign affairs; or “(B) any disclosure to the General Counsel, or to the Inspector General of an executive agency or office of the legislative branch or another employee designated by the head of the agency or office to receive such disclosures, of information which the employee or applicant reasonably believes evidences— “(i) a violation of any law, rule, or regulation, or “(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. “(2) DEFINITIONS.—For purposes of this section and for purposes of applying the procedures established under title IV for the consideration of alleged violations of this section— “(A) the term ‘covered employee’ includes an employee of the Government Accountability Office or the Library of Congress; and “(B) the term ‘employing office’ includes the Government Accountability Office and the Library of Congress. “(b) Remedy.—The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under chapter 12 of title 5, United States Code, with respect to a prohibited personnel practice described in section 2302(b)(8) of such title. “(c) Regulations To Implement Section.— “(1) IN GENERAL.—The Board shall, pursuant to section 304, issue regulations to implement this section. “(2) AGENCY REGULATIONS.—The regulations issued under paragraph (1) shall be the same as the substantive regulations promulgated by the Merit Systems Protection Board to implement chapters 12 and 23 of title 5, United States Code, except to the extent that the Board of Directors may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.”. (b) Conforming Amendment.—Section 102(a) (2 U.S.C. 1302(a)) is amended by adding at the end the following new paragraph: “(12) Section 2302(b)(8) of title 5, United States Code.”. (c) Clerical Amendment.—The table of contents for part A of title II is amended— (1) in the item relating to part A, by striking “FAIR LABOR STANDARDS,” and all that follows and inserting “AND OTHER PROTECTIONS AND BENEFITS”; (2) by redesignating the item relating to section 207 as relating to section 208; and (3) by inserting after the item relating to section 206 the following: “Sec. 207. Rights and protections under whistleblower protection rules.”. SEC. 16 EFFECTIVE DATE Except as otherwise provided, this Act and the amendments made by this Act shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act.

Mr. Speaker, I would like to just point out that it is a sad day when the Minority leadership, on a debate of great consequence to a lot of our constituents, seem content to act like a gaggle of first-graders after drinking Five-Hour Energy. I yield.

To the protesters outside the Capitol: Rest assured you have been heard. 1/4 I am working with my staffers as we speak to draft a bill that will 2/4 work to address your concerns. 3/4 I won't ask for patience, just to spread the word. #metoo 4/4

CS

Mr. Speaker, I am a law and order conservative. I think people shouldn’t be overstaying their visas to stay in this country without a compelling reason. For this reason there is much to support in the principle of this bill. However, this bill does present me with several concerns. In the first place, is the practical consequence of this bill. Up to now, violations of our country’s immigration laws have been an administrative matter. This has, yes, meant that under our laws strictly speaking illegal immigrants are not criminals. However, it has also meant that proceedings to deport illegal immigrants are essentially administrative hearings, with different standards of proof and different requirements from a criminal case. This has made deporting them, if not absolutely easier, relatively easier than obtaining a guilty verdict. This bill would impose criminal penalties on illegal immigrants. But with criminal penalties comes the burden of criminal trials, of impaneling a jury of each deportee’s peers, of ensuring beyond a reasonable doubt that the alleged illegal immigrant is, indeed, an illegal immigrant. This would seem to create a greater burden on federal prosecutors, more so than the already backlogged immigration court system. Furthermore, immigration is a polarizing issue in which half the country has strong opinions one way, and half the country a contrary but just as strong opinion. Impaneling an impartial jury would be near impossible in some federal courts; even if you could, it would create a whole host of deadlocked verdicts. Then there is the social instability this would cause. If we were to do this en masse, we would have to deal with the fact that the vast majority of illegal immigrants belong to families where the line between illegal and legal and citizen is blurry at best. The present system already has the painful but necessary consequence of often deporting a mother but leaving her citizen son in this country; or a husband separated from his wife under a similar scenario. It is true that what they are doing violates the law. But are we willing to assume the cost of declaring them not only transgressors, but felons in and of themselves? However, if this Congress must impose criminal sanctions, I offer to make the following amendments: And: I yield the floor.

Mr. Speaker, As a former prosecutor myself, and I have neither any objection in principle to capital punishment nor applying them to persons who target law enforcement, I am curious as to how this fits in with our system of federalism. I am willing to be controverted and found wrong, but most states have statutes already punishing persons who kill or attempt to kill policemen; and retentionist states - like my own state - already have such acts as aggravating factors. Is not punishing the murders of policemen who are state officials supposed to be part of the job for state and local prosecutors? I yield the floor.

I already submitted it to the correct Hopper.

Mr. de la Cruz, for himself and others, offersA BILLTo modify the jurisdiction of the federal courts as provided in Article I, Section 8 and Article III, Section 1 of the Constitution of the United States. This bill may be cited as the Federal Court Jurisdiction Act. SEC. 1 SHORT TITLE This Act may be cited as the “Federal Court Jurisdiction Act”. SEC. 2 FINDINGS AND DECLARATION OF POLICY a. The Congress finds that certain issues controversial in the public discourse have often been litigated in the federal courts, either through initial complaints in the federal district courts, or through the exercise of the appellate jurisdiction of the Supreme Court of the United States; that while not wishing to cast aspersions on the difficult work of the judicial branch of the United States, their decisions, while made in good faith, have resulted in consequences inadvertently unduly contentious in national life with regard to particular issues. b. It is hereby declared to be in the policy of this Act to ensure, through the exercise of the Congress’ power to regulate the original jurisdiction of lower federal courts and the appellate jurisdiction of the Supreme Court of the United States, that certain issues be fundamentally decided by the courts and laws of the several states, without the counterproductive interference of the Federal Courts. SEC. 3 PROVISIONS WITH RESPECT TO THE SUPREME COURT OF THE UNITED STATES a. The Supreme Court shall, regardless of the provisions of 28 U.S.C. 1257 or of 28 U.S.C. 1254, not review by writ of certiorari or by certification any final judgment or decree rendered by the highest court of a State where the validity of any statute or constitution of a State governing the definition of marriage as between one man and one woman is drawn in question on the ground of its being contrary to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity regarding the marriage of two persons of the same sex is specially set up or claimed under the Constitution or the treaties or the statutes of the United States. b. The Supreme Court shall, regardless of the provisions of 28 U.S.C. 1257 or of 28 U.S.C. 1254, not review by writ of certiorari or by certification any final judgment or decree rendered by the highest court of a State or where the validity of any statute or constitution of a State regulating the provision of the termination of any pregnancy is drawn in question on the ground of its being contrary to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity regarding the termination of any pregnancy is specially set up or claimed under the Constitution or the treaties or the statutes of the United States. c. For the purposes of this section, “the highest Court of a State” includes the District of Columbia Court of Appeals, the Supreme Court of the Virgin Islands and the Supreme Court of the Commonwealth of Puerto Rico. SEC. 4 PROVISIONS WITH RESPECT TO THE DISTRICT COURTS The following shall be appended to Chapter 85 of 28 U.S.C.: ‘ 1370 – Claims concerning same-sex marriages and termination of pregnancy a) The district court shall abstain from hearing any civil action for damages, injunction or declaratory relief in which the cause of action: i) concerns a claim arising under the Constitution, laws or treaties of the United States, alleging a right to marry another person of the same sex, or ii) concerns a claim arising under the Constitution, laws or treaties of the United States, alleging a right to terminate any pregnancy. b) If a civil action shall include multiple claims, one or more of which shall be prohibited by this section, and at least one claim that shall not be so prohibited, the district court shall not be required to abstain on hearing any claims not restricted by this section, provided that it is otherwise permissible under any other laws of the United States, or the Federal Rules of Civil Procedure.’ c) For the purpose of this section, the term “district court” shall apply to any court of first instance arising under the laws of the United States, but shall not apply to the Supreme Court of the United States exercising original jurisdiction.’ SEC. 5 RESTRICTION OF SCOPE This Act shall not be construed as to deprive the jurisdiction of any federal court to decide, subject to this Act, if it possesses the jurisdiction to hear any claim brought before it. SEC. 6 EFFECTIVE DATE This Act shall come into effect on the twenty-eighth day of December following constitutional passage. Restricts the appellate jurisdiction of the Supreme Court and the jurisdiction of the federal district courts to hear same-sex marriage or abortion cases.

OOC: Whoops, wrong forum.

Mr. de la Cruz, with offer, with thanks to , A BILLTo modify the jurisdiction of the federal courts as provided in Article I, Section 8 and Article III, Section 1 of the Constitution of the United States. This bill may be cited as the Federal Court Jurisdiction Act. Section 1: Terms & Definitions SEC. 1 SHORT TITLE This Act may be cited as the “Federal Court Jurisdiction Act”. Section 2: Findings SEC. 2 FINDINGS AND DECLARATION OF POLICY a. The Congress finds that certain issues controversial in the public discourse have often been litigated in the federal courts, either through initial complaints in the federal district courts, or through the exercise of the appellate jurisdiction of the Supreme Court of the United States; that while not wishing to cast aspersions on the difficult work of the judicial branch of the United States, their decisions, while made in good faith, have resulted in consequences inadvertently unduly contentious in national life with regard to particular issues. b. It is hereby declared to be in the policy of this Act to ensure, through the exercise of the Congress’ power to regulate the original jurisdiction of lower federal courts and the appellate jurisdiction of the Supreme Court of the United States, that certain issues be fundamentally decided by the courts and laws of the several states, without the counterproductive interference of the Federal Courts. Section 3: Law Change SEC. 3 PROVISIONS WITH RESPECT TO THE SUPREME COURT OF THE UNITED STATES a. The Supreme Court shall, regardless of the provisions of 28 U.S.C. 1257 or of 28 U.S.C. 1254, not review by writ of certiorari or by certification any final judgment or decree rendered by the highest court of a State where the validity of any statute or constitution of a State governing the definition of marriage as between one man and one woman is drawn in question on the ground of its being contrary to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity regarding the marriage of two persons of the same sex is specially set up or claimed under the Constitution or the treaties or the statutes of the United States. b. The Supreme Court shall, regardless of the provisions of 28 U.S.C. 1257 or of 28 U.S.C. 1254, not review by writ of certiorari or by certification any final judgment or decree rendered by the highest court of a State or where the validity of any statute or constitution of a State regulating the provision of the termination of any pregnancy is drawn in question on the ground of its being contrary to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity regarding the termination of any pregnancy is specially set up or claimed under the Constitution or the treaties or the statutes of the United States. c. For the purposes of this section, “the highest Court of a State” includes the District of Columbia Court of Appeals, the Supreme Court of the Virgin Islands and the Supreme Court of the Commonwealth of Puerto Rico. SEC. 4 PROVISIONS WITH RESPECT TO THE DISTRICT COURTS The following shall be appended to Chapter 85 of 28 U.S.C.: ‘ 1370 – Claims concerning same-sex marriages and termination of pregnancy a) The district court shall abstain from hearing any civil action for damages, injunction or declaratory relief in which the cause of action: i) concerns a claim arising under the Constitution, laws or treaties of the United States, alleging a right to marry another person of the same sex, or ii) concerns a claim arising under the Constitution, laws or treaties of the United States, alleging a right to terminate any pregnancy. b) If a civil action shall include multiple claims, one or more of which shall be prohibited by this section, and at least one claim that shall not be so prohibited, the district court shall not be required to abstain on hearing any claims not restricted by this section, provided that it is otherwise permissible under any other laws of the United States, or the Federal Rules of Civil Procedure.’ c) For the purpose of this section, the term “district court” shall apply to any court of first instance arising under the laws of the United States, but shall not apply to the Supreme Court of the United States exercising original jurisdiction.’ SEC. 5 RESTRICTION OF SCOPE This Act shall not be construed as to deprive the jurisdiction of any federal court to decide, subject to this Act, if it possesses the jurisdiction to hear any claim brought before it. SEC. 6 EFFECTIVE DATE This Act shall come into effect on the twenty-eighth day of December following constitutional passage. Section 4: Effective Date The bill shall go into effect upon its constitutional passage. Restricts the appellate jurisdiction of the Supreme Court and the jurisdiction of the federal district courts to hear same-sex marriage or abortion cases. View full bill

To modify the jurisdiction of the federal courts as provided in Article I, Section 8 and Article III, Section 1 of the Constitution of the United States.

Twitter Account of Francisco de la Cruz, Representative for California's 45th Congressional District.