Congressional Accountability Act Enhancement Act
Bill: H.R.7542 | Sponsor: Rep. Speier, Jackie (D-CA)
Policy area: Congress

Summary:
Congressional Accountability Act Enhancement Act
This bill extends the liability of Members of Congress for employment discrimination settlements and awards and expands certain employment protections for congressional employees.
Current law requires that a Member who commits an act of harassment in violation of employment-based civil rights protections must reimburse the Treasury for amounts paid as settlements or awards resulting from the act. This bill also requires that Members reimburse the Treasury for amounts paid resulting from any unlawful discrimination and related retaliation.
Additionally, the bill grants congressional employees a 10-day period to amend a filing alleging employment discrimination if the hearing officer determines the initial filing failed to state a claim for which relief could be granted.
The bill also allows the Office of Employee Advocacy to continue to assist a congressional employee with investigations and proceedings related to a claim of workplace discrimination even after the employee begins federal court proceedings.

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 permit 
individuals who file claims under such Act to file an amended claim if 
 the preliminary review of the individual's claim by a hearing officer 
includes the determination that the individual filing the claim is not 
 a covered employee under such Act or has not stated a claim for which 
    relief may be granted under title IV of such Act, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Accountability Act 
Enhancement Act''.

SEC. 2. REVISION OF RULES REQUIRING REIMBURSEMENT FOR AMOUNTS PAID AS 
              SETTLEMENTS AND AWARDS UNDER CONGRESSIONAL ACCOUNTABILITY 
              ACT OF 1995 IN CASES OF EMPLOYMENT DISCRIMINATION.

    (a) Requiring Members of Congress To Reimburse Treasury for Amounts 
Paid as Settlements and Awards in All Cases of Employment 
Discrimination Acts by Members.--
            (1) Requiring reimbursement.--Clause (i) of section 
        415(d)(1)(C) of the Congressional Accountability Act of 1995 (2 
        U.S.C. 1415(d)(1)(C)) is amended to read as follows:
                            ``(i) a violation of section 201(a) or 
                        section 206(a); or''.
            (2) Conforming amendment relating to notification of 
        possibility of reimbursement.--Clause (i) of section 
        402(b)(2)(B) of the Congressional Accountability Act of 1995 (2 
        U.S.C. 1402(b)(2)(B)) is amended to read as follows:
                            ``(i) a violation of section 201(a) or 
                        section 206(a); or''.
    (b) Requiring Other Employing Offices To Reimburse Treasury for 
Amounts Paid in Claims Involving Retaliation for Filing Employment 
Discrimination Claim.--Section 415(e) of such Act (2 U.S.C. 1415(e)) is 
amended--
            (1) in paragraph (1), by striking ``a violation of section 
        201(a) or 206(a)'' and inserting ``a violation described in 
        paragraph (4)''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Violations described.--A violation described in this 
        paragraph is--
                    ``(A) a violation of section 201(a) or 206(a); or
                    ``(B) intimidation, reprisal, or discrimination 
                that is unlawful under section 207 and is taken against 
                a covered employee because of a claim alleging a 
                violation described in subparagraph (A).''.
    (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. PERMITTING INDIVIDUALS FILING CLAIMS UNDER CONGRESSIONAL 
              ACCOUNTABILITY ACT OF 1995 TO FILE AMENDED CLAIMS IF 
              PRELIMINARY REVIEW INCLUDES DETERMINATION OF FAILURE TO 
              STATE CLAIM FOR WHICH RELIEF MAY BE GRANTED.

    (a) Permitting Filing of Amended Claims.--Section 403(d) of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1402a(d)) is amended 
to read as follows:
    ``(d) Effect of Determination of Failure To State Claim for Which 
Relief May Be Granted.--
            ``(1) Permitting filing of amended version of claim.--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 
        title--
                    ``(A) the individual may file an amended version of 
                the claim under this section; and
                    ``(B) the amended claim shall be subject to a 
                preliminary review under this section in the same 
                manner as the original version of the claim.
            ``(2) Effect of determination.--If the individual does not 
        file an amended claim under paragraph (1)(A) prior to the 
        expiration of the 10-day period which begins on the date the 
        hearing officer submits the report on the preliminary review of 
        the individual's original version of the claim under subsection 
        (c), or if the hearing officer's report on the amended version 
        of the claim 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 title--
                    ``(A) the individual (including an individual who 
                is a Library claimant, as defined in section 401(d)(1)) 
                may not obtain a formal hearing with respect to the 
                claim as provided under section 405; and
                    ``(B) 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 408.''.
    (b) 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. 4. PERMITTING OFFICE OF EMPLOYEE ADVOCACY TO PROVIDE ASSISTANCE TO 
              COVERED EMPLOYEES IN CONNECTION WITH CIVIL ACTIONS.

    (a) In General.--Notwithstanding section 724(c) of House Resolution 
724, One Hundred Fifteenth Congress, if a covered employee of the House 
of Representatives under the Congressional Accountability Act of 1995 
files a civil action with respect to an alleged violation of such Act, 
as provided in section 408 of such Act, the Office of Employee Advocacy 
may provide assistance to the employee with respect to investigations 
or proceedings under such Act in connection with such alleged violation 
at any time, including after the employee files such action.
    (b) Exercise of Rulemaking Authority.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives, and as such it is deemed a part of the rules 
        of the House of Representatives, and it supersedes other rules 
        only to the extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        the House of Representatives to change the rules (so far as 
        relating to the procedure of the House) at any time, in the 
        same manner, and to the same extent as in the case of any other 
        rule of the House.
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