SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Congressional Ac-
countability Act Enhancement Act’’. 
SEC. 2. REQUIRING MEMBERS OF CONGRESS TO REIM-
BURSE TREASURY FOR AMOUNTS PAID AS 
SETTLEMENTS AND AWARDS UNDER CON-
GRESSIONAL ACCOUNTABILITY ACT OF 1995 
IN ALL CASES OF EMPLOYMENT DISCRIMINA-
TION ACTS BY MEMBERS. 
(a) REQUIRING REIMBURSEMENT.—Clause (i) of sec-
tion 415(d)(1)(C) of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1415(d)(1)(C)), as amended by section 
111(a) of the Congressional Accountability Act of 1995 
Reform Act (Public Law 115–397; 132 Stat. 5306) is 
amended to read as follows: 
‘‘(i) a violation of section 201(a) or 
section 206(a); or’’. 
(b) CONFORMING AMENDMENT RELATING TO NOTI-
FICATION OF POSSIBILITY OF REIMBURSEMENT.—Clause 
(i) of section 402(b)(2)(B) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1402(b)(2)(B)), as amended 
by section 102(a) of the Congressional Accountability Act 
of 1995 Reform Act (Public Law 115–397; 132 Stat. 
5301), is amended to read as follows: 
‘‘(i) a violation of section 201(a) or 
section 206(a); or’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to claims under the 
Congressional Accountability Act of 1995 which are made 
on or after the date of the enactment of this Act. 
SEC. 3. REQUIRING INVESTIGATION BY GENERAL COUNSEL 
OF OFFICE OF CONGRESSIONAL WORKPLACE 
RIGHTS OF ALL CLAIMS FILED BY COVERED 
EMPLOYEES 
UNDER 
CONGRESSIONAL 
AC-
COUNTABILITY ACT OF 1995. 
(a) REQUIRING INVESTIGATION OF CLAIMS.—Section 
403 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1403), as amended by section 103(a) of the Con-
gressional Accountability Act of 1995 Reform Act (Public 
Law 115–397; 132 Stat. 5303), is amended to read as 
follows: 
‘‘SEC. 403. INVESTIGATION OF CLAIMS. 
‘‘(a) INVESTIGATION.—Upon the completion of the 
initial processing of a claim under section 402(b), the Gen-
eral Counsel shall conduct an investigation of the claim 
involved. 
‘‘(b) SUBPOENAS.—To carry out an investigation 
under this section, the General Counsel may issue sub-
poenas in the same manner, and subject to the same terms 
and conditions, as a hearing officer may issue subpoenas 
to carry out discovery with respect to a hearing under sec-
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tion 405, except that the General Counsel may issue such 
a subpoena on the General Counsel’s own initiative, with-
out regard to whether or not a party requests that the 
General Counsel issue the subpoena. It is the sense of 
Congress that the General Counsel should issue subpoenas 
under this subsection only to the extent that other meth-
ods of obtaining information with respect to an investiga-
tion are insufficient to enable the General Counsel to con-
clude the investigation within the deadline described in 
subsection (e). 
‘‘(c) REPORT; FINDINGS.— 
‘‘(1) REPORT.—Upon concluding an investiga-
tion of a claim under this section, the General Coun-
sel shall transmit a written report on the results of 
the investigation to the covered employee and the 
employing office involved. 
‘‘(2) INCLUSION
OF
FINDINGS.—The General 
Counsel shall include in the report transmitted 
under paragraph (1) one of the following findings: 
‘‘(A) A finding that there is reasonable 
cause to believe that the employing office com-
mitted a violation of part A of title II, as al-
leged in the covered employee’s claim. 
‘‘(B) A finding that there is no reasonable 
cause to believe that the employing office com-
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mitted a violation of part A of title II, as al-
leged in the covered employee’s claim. 
‘‘(C) A finding that the General Counsel 
cannot determine whether or not there is rea-
sonable cause to believe that the employing of-
fice committed a violation of part A of title II, 
as alleged in the covered employee’s claim. 
‘‘(3) NOTICE
OF
RIGHT
TO
FILE
CIVIL
AC-
TION.—If the General Counsel transmits a finding 
under subparagraph (B) of paragraph (2), the Gen-
eral Counsel shall also transmit to the covered em-
ployee a written notice that the employee has the 
right to file a civil action with respect to the claim 
under section 408. 
‘‘(4) TRANSMISSION
TO
EXECUTIVE
DIREC-
TOR.—If the General Counsel transmits a finding 
under subparagraph (A) or subparagraph (C) of 
paragraph (2), the General Counsel shall also trans-
mit the report to the Executive Director. 
‘‘(5) TRANSMISSION OF REPORT ON INVESTIGA-
TION OF CERTAIN CLAIMS TO CONGRESSIONAL ETH-
ICS COMMITTEES.—In the case of a report trans-
mitted by the General Counsel under paragraph (1) 
on the results of an investigation of a claim alleging 
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a violation described in section 415(d)(1)(A), the 
General Counsel shall transmit the report to— 
‘‘(A) the Committee on Ethics of the 
House of Representatives, in the case of a viola-
tion involving a Member of the House (includ-
ing a Delegate or Resident Commissioner to the 
Congress); or 
‘‘(B) the Select Committee on Ethics of 
the Senate, in the case of a violation involving 
a Senator. 
‘‘(d) RECOMMENDATION
OF MEDIATION.—At any 
time during the investigation of a claim under this section, 
the General Counsel may make a recommendation that the 
covered employee and the employing office pursue medi-
ation under section 404 with respect to the claim. 
‘‘(e) DEADLINE FOR CONCLUDING INVESTIGATION.— 
The General Counsel shall conclude the investigation of 
a claim under this subsection, and transmit the report on 
the results of the investigation, not later than 90 days 
after the claim is filed under section 402, except that the 
General Counsel may (upon notice to the parties to the 
investigation) use an additional period of not to exceed 
30 days to conclude the investigation.’’. 
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(b) CONFORMING AMENDMENTS RELATING TO DE-
SCRIPTION OF PROCEDURES AVAILABLE FOR CONSIDER-
ATION OF ALLEGED VIOLATIONS.— 
(1) IN GENERAL.—Section 401(a)(2) of such 
Act (2 U.S.C. 1401(a)(2)), as amended by section 
101(a) of the Congressional Accountability Act of 
1995 Reform Act (Public Law 115–397; 132 Stat. 
5298), is amended to read as follows: 
‘‘(2) an investigation of the claim, to be con-
ducted by the General Counsel as provided in section 
403; and’’. 
(2) CONDITIONS FOR AVAILABILITY OF FORMAL 
HEARING.—Section 401(a)(4) of such Act (2 U.S.C. 
1401(a)(4)), as amended by section 101(a) of the 
Congressional Accountability Act of 1995 Reform 
Act (Public Law 115–397; 132 Stat. 5298), is 
amended to read as follows: 
‘‘(4) a formal hearing as provided in section 
405, subject to Board review as provided in section 
406, and judicial review in the United States Court 
of Appeals for the Federal Circuit as provided in 
section 407, but only if, pursuant to an investigation 
conducted by the General Counsel as provided in 
section 403, the General Counsel finds either— 
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‘‘(A) that there is reasonable cause to be-
lieve that the employing office involved com-
mitted a violation of part A of title II as alleged 
in the covered employee’s claim; or 
‘‘(B) that the General Counsel cannot de-
termine whether or not there is reasonable 
cause to believe that the employing office com-
mitted a violation of part A of title II as alleged 
in the covered employee’s claim.’’. 
(3) RIGHT OF EMPLOYEE TO FILE CIVIL AC-
TION.—Section 401(b) of such Act (2 U.S.C. 
1401(b)), as amended by section 101(a) of the Con-
gressional Accountability Act of 1995 Reform Act 
(Public Law 115–397; 132 Stat. 5298), is amended 
to read as follows: 
‘‘(b) RIGHT
OF EMPLOYEE TO FILE CIVIL AC-
TION.— 
‘‘(1) CIVIL ACTION.—A covered employee who 
has filed a timely claim as provided in section 402 
may, during the period described in paragraph (3), 
file a civil action in a District Court of the United 
States with respect to the violation alleged in the 
claim, as provided in section 408. 
‘‘(2) EFFECT OF FILING CIVIL ACTION.—Not-
withstanding paragraph (2) or paragraph (4) of sub-
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section (a), if the covered employee files such a civil 
action— 
‘‘(A) the investigation of the claim by the 
General Counsel as provided in section 403, or 
any subsequent formal hearing as provided in 
section 405, shall terminate upon the filing of 
the action by the covered employee; and 
‘‘(B) the procedure for consideration of the 
alleged violation shall not include any further 
investigation of the claim by the General Coun-
sel as provided in section 403 or any subse-
quent formal hearing as provided in section 
405. 
‘‘(3) PERIOD FOR FILING CIVIL ACTION.—The 
period described in this paragraph with respect to a 
claim is the 70-day period which begins on the date 
the covered employee files the claim under section 
402. 
‘‘(4) SPECIAL RULE FOR EMPLOYEES RECEIV-
ING FINDING OF NO REASONABLE CAUSE UNDER IN-
VESTIGATION
BY
GENERAL
COUNSEL.—Notwith-
standing paragraph (3), if a covered employee re-
ceives a written notice from the General Counsel 
under section 403(c)(3) that the employee has the 
right to file a civil action with respect to the claim 
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in accordance with section 408, the covered employee 
may file the civil action not later than 90 days after 
receiving such written notice.’’. 
(4) SPECIAL RULES FOR LIBRARY OF CONGRESS 
CLAIMANTS.—Section 401(d)(2) of such Act (2 
U.S.C. 1401(d)(2)), as amended by section 101(a) 
of the Congressional Accountability Act of 1995 Re-
form Act (Public Law 115–397; 132 Stat. 5298), is 
amended by striking ‘‘at any time before the date 
that is 10 days after a hearing officer submits the 
report on the preliminary review of the claim under 
section 403(c),’’ and inserting ‘‘at any time prior to 
the expiration of the 10-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 403(c),’’. 
(c) CONFORMING
AMENDMENTS
RELATING
TO 
HEARINGS CONDUCTED AFTER INVESTIGATION.— 
(1) AVAILABILITY OF HEARING CONDUCTED BY 
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS.— 
Section 405(a) of such Act (2 U.S.C. 1405(a)), as 
amended by section 103(a) of the Congressional Ac-
countability Act of 1995 Reform Act (Public Law 
115–397; 132 Stat. 5303), is amended to read as 
follows: 
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‘‘(a) REQUIREMENT FOR HEARINGS CONDUCTED BY 
OFFICE.— 
‘‘(1) RESULT OF CERTAIN FINDINGS BY GEN-
ERAL COUNSEL.— 
‘‘(A) IN GENERAL.—If the General Coun-
sel transmits a written report on the investiga-
tion of a covered employee’s claim under section 
403 which includes a finding described in sub-
paragraph (B), and if the covered employee 
submits a request for a hearing to the Execu-
tive Director prior to the expiration of the 10- 
day period which begins on the date the Gen-
eral Counsel transmits such a written report, 
the Office shall conduct a hearing to consider 
the claim and render a decision. 
‘‘(B) FINDINGS
DESCRIBED.—A finding 
described in this subparagraph is— 
‘‘(i) 
a 
finding 
under 
section 
403(c)(2)(A) that there is reasonable cause 
to believe that an employing office com-
mitted a violation of part A of title II, as 
alleged in a claim filed by a covered em-
ployee; or 
‘‘(ii) 
a 
finding 
under 
section 
403(c)(2)(C) that the General Counsel 
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cannot determine whether or not there is 
reasonable cause to believe that the em-
ploying office committed a violation of part 
A of title II, as alleged in the covered em-
ployee’s claim. 
‘‘(2) EXCEPTION.—Paragraph (1) does not 
apply with respect to a claim if the covered employee 
files a civil action as provided in section 408 with re-
spect to the claim.’’. 
(2) DEADLINE FOR COMMENCEMENT OF HEAR-
ING.—Section 405(d)(2) of such Act (2 U.S.C. 
1405(d)(2)), as amended by section 103(d) of the 
Congressional Accountability Act of 1995 Reform 
Act (Public Law 115–397; 132 Stat. 5304), is 
amended by striking ‘‘no later than 90 days after 
the Executive Director receives the covered employ-
ee’s request for the hearing under subsection (a)’’ 
and inserting ‘‘no later than 90 days after the Exec-
utive Director receives the General Counsel’s report 
on the investigation of the claim’’. 
(3) OTHER CONFORMING AMENDMENTS.—Sec-
tion 405(c) of such Act (2 U.S.C. 1405(c)), as 
amended by section 103(d) of the Congressional Ac-
countability Act of 1995 Reform Act (Public Law 
115–397; 132 Stat. 5304), is amended— 
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(A) in paragraph (1), by striking ‘‘the fil-
ing of a request for a hearing under subsection 
(a)’’ and inserting ‘‘the transmission by the 
General Counsel of a report under subsection 
(a)(1)’’; and 
(B) by striking paragraph (3). 
(d) CONFORMING AMENDMENT RELATING TO AVAIL-
ABILITY
OF
MEDIATION
DURING
PROCESS.—Section 
404(a)(3) of such Act (2 U.S.C. 1403(a)(3)), as amended 
by section 104(a) of the Congressional Accountability Act 
of 1995 Reform Act (Public Law 115–397; 132 Stat. 
5305), is amended by striking ‘‘including a preliminary 
review of the claim under section 403’’ and inserting ‘‘in-
cluding the investigation of the claim under section 403’’. 
(e) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by amending the item relating to 
section 403 to read as follows: 
‘‘Sec. 403. Investigation of claims.’’. 
Æ 
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