I 

116TH CONGRESS 

1ST SESSION H. R. 5464 

To amend the Congressional Accountability Act of 1995 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 Members, 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 Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 17, 2019 

Ms. SPEIER (for herself, Mr. BYRNE, Ms. UNDERWOOD, Mr. FITZPATRICK, 

and Ms. KUSTER of New Hampshire) introduced the following bill; which 

was referred to the Committee on House Administration 

A BILL 

To amend the Congressional Accountability Act of 1995 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 Members, 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 Act, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Congressional Ac3 countability Act Enhancement Act’’. 

4 SEC. 2. REQUIRING MEMBERS OF CONGRESS TO REIM5 BURSE TREASURY FOR AMOUNTS PAID AS 

6 SETTLEMENTS AND AWARDS UNDER CON7 GRESSIONAL ACCOUNTABILITY ACT OF 1995 

8 IN ALL CASES OF EMPLOYMENT DISCRIMINA9 TION ACTS BY MEMBERS. 

10 (a) REQUIRING REIMBURSEMENT.—Clause (i) of sec11 tion 415(d)(1)(C) of the Congressional Accountability Act 

12 of 1995 (2 U.S.C. 1415(d)(1)(C)), as amended by section 

13 111(a) of the Congressional Accountability Act of 1995 

14 Reform Act (Public Law 115–397; 132 Stat. 5306) is 

15 amended to read as follows: 

16 ‘‘(i) a violation of section 201(a) or 

17 section 206(a); or’’. 

18 (b) CONFORMING AMENDMENT RELATING TO NOTI19 FICATION OF POSSIBILITY OF REIMBURSEMENT.—Clause 

20 (i) of section 402(b)(2)(B) of the Congressional Account21 ability Act of 1995 (2 U.S.C. 1402(b)(2)(B)), as amended 

22 by section 102(a) of the Congressional Accountability Act 

23 of 1995 Reform Act (Public Law 115–397; 132 Stat. 

24 5301), is amended to read as follows: 

25 ‘‘(i) a violation of section 201(a) or 

26 section 206(a); or’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to claims under the 

3 Congressional Accountability Act of 1995 which are made 

4 on or after the date of the enactment of this Act. 

5 SEC. 3. REQUIRING INVESTIGATION BY GENERAL COUNSEL 

6 OF OFFICE OF CONGRESSIONAL WORKPLACE 

7 RIGHTS OF ALL CLAIMS FILED BY COVERED 

8 EMPLOYEES UNDER CONGRESSIONAL AC9 COUNTABILITY ACT OF 1995. 

10 (a) REQUIRING INVESTIGATION OF CLAIMS.—Section 

11 403 of the Congressional Accountability Act of 1995 (2 

12 U.S.C. 1403), as amended by section 103(a) of the Con13 gressional Accountability Act of 1995 Reform Act (Public 

14 Law 115–397; 132 Stat. 5303), is amended to read as 

15 follows: 

16 ‘‘SEC. 403. INVESTIGATION OF CLAIMS. 

17 ‘‘(a) INVESTIGATION.—Upon the completion of the 

18 initial processing of a claim under section 402(b), the Gen19 eral Counsel shall conduct an investigation of the claim 

20 involved. 

21 ‘‘(b) SUBPOENAS.—To carry out an investigation 

22 under this section, the General Counsel may issue sub23 poenas in the same manner, and subject to the same terms 

24 and conditions, as a hearing officer may issue subpoenas 

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1 tion 405, except that the General Counsel may issue such 

2 a subpoena on the General Counsel’s own initiative, with3 out regard to whether or not a party requests that the 

4 General Counsel issue the subpoena. It is the sense of 

5 Congress that the General Counsel should issue subpoenas 

6 under this subsection only to the extent that other meth7 ods of obtaining information with respect to an investiga8 tion are insufficient to enable the General Counsel to con9 clude the investigation within the deadline described in 

10 subsection (e). 

11 ‘‘(c) REPORT; FINDINGS.— 

12 ‘‘(1) REPORT.—Upon concluding an investiga13 tion of a claim under this section, the General Coun14 sel shall transmit a written report on the results of 

15 the investigation to the covered employee and the 

16 employing office involved. 

17 ‘‘(2) INCLUSION OF FINDINGS.—The General 

18 Counsel shall include in the report transmitted 

19 under paragraph (1) one of the following findings: 

20 ‘‘(A) A finding that there is reasonable 

21 cause to believe that the employing office com22 mitted a violation of part A of title II, as al23 leged in the covered employee’s claim. 

24 ‘‘(B) A finding that there is no reasonable 

25 cause to believe that the employing office comVerDate Sep 11 2014 21:57 Dec 27, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5464.IH H5464

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1 mitted a violation of part A of title II, as al2 leged in the covered employee’s claim. 

3 ‘‘(C) A finding that the General Counsel 

4 cannot determine whether or not there is rea5 sonable cause to believe that the employing of6 fice committed a violation of part A of title II, 

7 as alleged in the covered employee’s claim. 

8 ‘‘(3) NOTICE OF RIGHT TO FILE CIVIL AC9 TION.—If the General Counsel transmits a finding 

10 under subparagraph (B) of paragraph (2), the Gen11 eral Counsel shall also transmit to the covered em12 ployee a written notice that the employee has the 

13 right to file a civil action with respect to the claim 

14 under section 408. 

15 ‘‘(4) TRANSMISSION TO EXECUTIVE DIREC16 TOR.—If the General Counsel transmits a finding 

17 under subparagraph (A) or subparagraph (C) of 

18 paragraph (2), the General Counsel shall also trans19 mit the report to the Executive Director. 

20 ‘‘(5) TRANSMISSION OF REPORT ON INVESTIGA21 TION OF CERTAIN CLAIMS TO CONGRESSIONAL ETH22 ICS COMMITTEES.—In the case of a report trans23 mitted by the General Counsel under paragraph (1) 

24 on the results of an investigation of a claim alleging 


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1 a violation described in section 415(d)(1)(A), the 

2 General Counsel shall transmit the report to— 

3 ‘‘(A) the Committee on Ethics of the 

4 House of Representatives, in the case of a viola5 tion involving a Member of the House (includ6 ing a Delegate or Resident Commissioner to the 

7 Congress); or 

8 ‘‘(B) the Select Committee on Ethics of 

9 the Senate, in the case of a violation involving 

10 a Senator. 

11 ‘‘(d) RECOMMENDATION OF MEDIATION.—At any 

12 time during the investigation of a claim under this section, 

13 the General Counsel may make a recommendation that the 

14 covered employee and the employing office pursue medi15 ation under section 404 with respect to the claim. 

16 ‘‘(e) DEADLINE FOR CONCLUDING INVESTIGATION.— 

17 The General Counsel shall conclude the investigation of 

18 a claim under this subsection, and transmit the report on 

19 the results of the investigation, not later than 90 days 

20 after the claim is filed under section 402, except that the 

21 General Counsel may (upon notice to the parties to the 

22 investigation) use an additional period of not to exceed 

23 30 days to conclude the investigation.’’. 


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1 (b) CONFORMING AMENDMENTS RELATING TO DE2 SCRIPTION OF PROCEDURES AVAILABLE FOR CONSIDER3 ATION OF ALLEGED VIOLATIONS.— 

4 (1) IN GENERAL.—Section 401(a)(2) of such 

5 Act (2 U.S.C. 1401(a)(2)), as amended by section 

6 101(a) of the Congressional Accountability Act of 

7 1995 Reform Act (Public Law 115–397; 132 Stat. 

8 5298), is amended to read as follows: 

9 ‘‘(2) an investigation of the claim, to be con10 ducted by the General Counsel as provided in section 

11 403; and’’. 

12 (2) CONDITIONS FOR AVAILABILITY OF FORMAL

13 HEARING.—Section 401(a)(4) of such Act (2 U.S.C. 

14 1401(a)(4)), as amended by section 101(a) of the 

15 Congressional Accountability Act of 1995 Reform 

16 Act (Public Law 115–397; 132 Stat. 5298), is 

17 amended to read as follows: 

18 ‘‘(4) a formal hearing as provided in section 

19 405, subject to Board review as provided in section 

20 406, and judicial review in the United States Court 

21 of Appeals for the Federal Circuit as provided in 

22 section 407, but only if, pursuant to an investigation 

23 conducted by the General Counsel as provided in 

24 section 403, the General Counsel finds either— 


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1 ‘‘(A) that there is reasonable cause to be2 lieve that the employing office involved com3 mitted a violation of part A of title II as alleged 

4 in the covered employee’s claim; or 

5 ‘‘(B) that the General Counsel cannot de6 termine whether or not there is reasonable 

7 cause to believe that the employing office com8 mitted a violation of part A of title II as alleged 

9 in the covered employee’s claim.’’. 

10 (3) RIGHT OF EMPLOYEE TO FILE CIVIL AC11 TION.—Section 401(b) of such Act (2 U.S.C. 

12 1401(b)), as amended by section 101(a) of the Con13 gressional Accountability Act of 1995 Reform Act 

14 (Public Law 115–397; 132 Stat. 5298), is amended 

15 to read as follows: 

16 ‘‘(b) RIGHT OF EMPLOYEE TO FILE CIVIL AC17 TION.— 

18 ‘‘(1) CIVIL ACTION.—A covered employee who 

19 has filed a timely claim as provided in section 402 

20 may, during the period described in paragraph (3), 

21 file a civil action in a District Court of the United 

22 States with respect to the violation alleged in the 

23 claim, as provided in section 408. 

24 ‘‘(2) EFFECT OF FILING CIVIL ACTION.—Not25 withstanding paragraph (2) or paragraph (4) of subVerDate Sep 11 2014 21:57 Dec 27, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5464.IH H5464

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1 section (a), if the covered employee files such a civil 

2 action— 

3 ‘‘(A) the investigation of the claim by the 

4 General Counsel as provided in section 403, or 

5 any subsequent formal hearing as provided in 

6 section 405, shall terminate upon the filing of 

7 the action by the covered employee; and 

8 ‘‘(B) the procedure for consideration of the 

9 alleged violation shall not include any further 

10 investigation of the claim by the General Coun11 sel as provided in section 403 or any subse12 quent formal hearing as provided in section 

13 405. 

14 ‘‘(3) PERIOD FOR FILING CIVIL ACTION.—The 

15 period described in this paragraph with respect to a 

16 claim is the 70-day period which begins on the date 

17 the covered employee files the claim under section 

18 402. 

19 ‘‘(4) SPECIAL RULE FOR EMPLOYEES RECEIV20 ING FINDING OF NO REASONABLE CAUSE UNDER IN21 VESTIGATION BY GENERAL COUNSEL.—Notwith22 standing paragraph (3), if a covered employee re23 ceives a written notice from the General Counsel 

24 under section 403(c)(3) that the employee has the 

25 right to file a civil action with respect to the claim 


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1 in accordance with section 408, the covered employee 

2 may file the civil action not later than 90 days after 

3 receiving such written notice.’’. 

4 (4) SPECIAL RULES FOR LIBRARY OF CONGRESS

5 CLAIMANTS.—Section 401(d)(2) of such Act (2 

6 U.S.C. 1401(d)(2)), as amended by section 101(a) 

7 of the Congressional Accountability Act of 1995 Re8 form Act (Public Law 115–397; 132 Stat. 5298), is 

9 amended by striking ‘‘at any time before the date 

10 that is 10 days after a hearing officer submits the 

11 report on the preliminary review of the claim under 

12 section 403(c),’’ and inserting ‘‘at any time prior to 

13 the expiration of the 10-day period which begins on 

14 the date the General Counsel transmits the written 

15 report on the results of the investigation of the claim 

16 under section 403(c),’’. 

17 (c) CONFORMING AMENDMENTS RELATING TO

18 HEARINGS CONDUCTED AFTER INVESTIGATION.— 

19 (1) AVAILABILITY OF HEARING CONDUCTED BY

20 OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS.— 

21 Section 405(a) of such Act (2 U.S.C. 1405(a)), as 

22 amended by section 103(a) of the Congressional Ac23 countability Act of 1995 Reform Act (Public Law 

24 115–397; 132 Stat. 5303), is amended to read as 

25 follows: 


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1 ‘‘(a) REQUIREMENT FOR HEARINGS CONDUCTED BY

2 OFFICE.— 

3 ‘‘(1) RESULT OF CERTAIN FINDINGS BY GEN4 ERAL COUNSEL.— 

5 ‘‘(A) IN GENERAL.—If the General Coun6 sel transmits a written report on the investiga7 tion of a covered employee’s claim under section 

8 403 which includes a finding described in sub9 paragraph (B), and if the covered employee 

10 submits a request for a hearing to the Execu11 tive Director prior to the expiration of the 10- 

12 day period which begins on the date the Gen13 eral Counsel transmits such a written report, 

14 the Office shall conduct a hearing to consider 

15 the claim and render a decision. 

16 ‘‘(B) FINDINGS DESCRIBED.—A finding 

17 described in this subparagraph is— 

18 ‘‘(i) a finding under section 

19 403(c)(2)(A) that there is reasonable cause 

20 to believe that an employing office com21 mitted a violation of part A of title II, as 

22 alleged in a claim filed by a covered em23 ployee; or 

24 ‘‘(ii) a finding under section 

25 403(c)(2)(C) that the General Counsel 


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1 cannot determine whether or not there is 

2 reasonable cause to believe that the em3 ploying office committed a violation of part 

4 A of title II, as alleged in the covered em5 ployee’s claim. 

6 ‘‘(2) EXCEPTION.—Paragraph (1) does not 

7 apply with respect to a claim if the covered employee 

8 files a civil action as provided in section 408 with re9 spect to the claim.’’. 

10 (2) DEADLINE FOR COMMENCEMENT OF HEAR11 ING.—Section 405(d)(2) of such Act (2 U.S.C. 

12 1405(d)(2)), as amended by section 103(d) of the 

13 Congressional Accountability Act of 1995 Reform 

14 Act (Public Law 115–397; 132 Stat. 5304), is 

15 amended by striking ‘‘no later than 90 days after 

16 the Executive Director receives the covered employ17 ee’s request for the hearing under subsection (a)’’ 

18 and inserting ‘‘no later than 90 days after the Exec19 utive Director receives the General Counsel’s report 

20 on the investigation of the claim’’. 

21 (3) OTHER CONFORMING AMENDMENTS.—Sec22 tion 405(c) of such Act (2 U.S.C. 1405(c)), as 

23 amended by section 103(d) of the Congressional Ac24 countability Act of 1995 Reform Act (Public Law 

25 115–397; 132 Stat. 5304), is amended— 


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1 (A) in paragraph (1), by striking ‘‘the fil2 ing of a request for a hearing under subsection 

3 (a)’’ and inserting ‘‘the transmission by the 

4 General Counsel of a report under subsection 

5 (a)(1)’’; and 

6 (B) by striking paragraph (3). 

7 (d) CONFORMING AMENDMENT RELATING TO AVAIL8 ABILITY OF MEDIATION DURING PROCESS.—Section 

9 404(a)(3) of such Act (2 U.S.C. 1403(a)(3)), as amended 

10 by section 104(a) of the Congressional Accountability Act 

11 of 1995 Reform Act (Public Law 115–397; 132 Stat. 

12 5305), is amended by striking ‘‘including a preliminary 

13 review of the claim under section 403’’ and inserting ‘‘in14 cluding the investigation of the claim under section 403’’. 

15 (e) CLERICAL AMENDMENT.—The table of contents 

16 of such Act is amended by amending the item relating to 

17 section 403 to read as follows: 

‘‘Sec. 403. Investigation of claims.’’. 

Æ 


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