Title: Congressional Accountability Act Enhancement Act
Policy area: Congress

Summary:
Congressional Accountability Act Enhancement Act
This bill requires Members of Congress to reimburse the Treasury for amounts paid on their behalf as settlements and awards in all instances of employment discrimination acts by any Member, and it requires the Office of Congressional Workplace Rights to conduct an independent investigation for an allegation of harassment or discrimination.
Under current law, a Member is only required to make reimbursement for instances of harassment (not discrimination), and the Office of Congressional Workplace Rights is required to notify an employee who filed a claim alleging harassment about the process and deadlines for mediation.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5464 Introduced in House (IH)]

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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.

    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. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR AMOUNTS 
              PAID AS SETTLEMENTS AND AWARDS UNDER CONGRESSIONAL 
              ACCOUNTABILITY ACT OF 1995 IN ALL CASES OF EMPLOYMENT 
              DISCRIMINATION ACTS BY MEMBERS.

    (a) 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)), 
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 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)), 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''.
    (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 ACCOUNTABILITY 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 Congressional 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 General Counsel shall conduct an 
investigation of the claim involved.
    ``(b) Subpoenas.--To carry out an investigation under this section, 
the General Counsel may issue subpoenas 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 
section 405, except that the General Counsel may issue such a subpoena 
on the General Counsel's own initiative, without 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 methods of 
obtaining information with respect to an investigation are insufficient 
to enable the General Counsel to conclude the investigation within the 
deadline described in subsection (e).
    ``(c) Report; Findings.--
            ``(1) Report.--Upon concluding an investigation of a claim 
        under this section, the General Counsel 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 committed a violation 
                of part A of title II, as alleged in the covered 
                employee's claim.
                    ``(B) A finding that there is no reasonable cause 
                to believe that the employing office committed a 
                violation of part A of title II, as alleged in the 
                covered employee's claim.
                    ``(C) A finding that the General Counsel cannot 
                determine whether or not there is reasonable cause to 
                believe that the employing office committed a violation 
                of part A of title II, as alleged in the covered 
                employee's claim.
            ``(3) Notice of right to file civil action.--If the General 
        Counsel transmits a finding under subparagraph (B) of paragraph 
        (2), the General Counsel shall also transmit to the covered 
        employee 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 director.--If the General 
        Counsel transmits a finding under subparagraph (A) or 
        subparagraph (C) of paragraph (2), the General Counsel shall 
        also transmit the report to the Executive Director.
            ``(5) Transmission of report on investigation of certain 
        claims to congressional ethics committees.--In the case of a 
        report transmitted by the General Counsel under paragraph (1) 
        on the results of an investigation of a claim alleging 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 violation involving a 
                Member of the House (including 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 mediation 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.''.
    (b) Conforming Amendments Relating to Description of Procedures 
Available for Consideration 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 conducted 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--
                    ``(A) that there is reasonable cause to believe 
                that the employing office involved committed a 
                violation of part A of title II as alleged in the 
                covered employee's claim; or
                    ``(B) that the General Counsel cannot determine 
                whether or not there is reasonable cause to believe 
                that the employing office committed a violation of part 
                A of title II as alleged in the covered employee's 
                claim.''.
            (3) Right of employee to file civil action.--Section 401(b) 
        of such Act (2 U.S.C. 1401(b)), 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:
    ``(b) Right of Employee To File Civil Action.--
            ``(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.--Notwithstanding 
        paragraph (2) or paragraph (4) of subsection (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 Counsel as 
                provided in section 403 or any subsequent 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 receiving finding of no 
        reasonable cause under investigation by general counsel.--
        Notwithstanding paragraph (3), if a covered employee receives 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 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 Reform 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 Accountability Act of 1995 Reform Act (Public Law 
        115-397; 132 Stat. 5303), is amended to read as follows:
    ``(a) Requirement for Hearings Conducted by Office.--
            ``(1) Result of certain findings by general counsel.--
                    ``(A) In general.--If the General Counsel transmits 
                a written report on the investigation of a covered 
                employee's claim under section 403 which includes a 
                finding described in subparagraph (B), and if the 
                covered employee submits a request for a hearing to the 
                Executive Director prior to the expiration of the 10-
                day period which begins on the date the General 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 committed a violation of 
                        part A of title II, as alleged in a claim filed 
                        by a covered employee; or
                            ``(ii) a finding under section 403(c)(2)(C) 
                        that the General Counsel cannot determine 
                        whether or not there is reasonable cause to 
                        believe that the employing office committed a 
                        violation of part A of title II, as alleged in 
                        the covered employee'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 respect to the claim.''.
            (2) Deadline for commencement of hearing.--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 employee's request for the hearing under 
        subsection (a)'' and inserting ``no later than 90 days after 
        the Executive Director receives the General Counsel's report on 
        the investigation of the claim''.
            (3) Other conforming amendments.--Section 405(c) of such 
        Act (2 U.S.C. 1405(c)), as amended by section 103(d) of the 
        Congressional Accountability Act of 1995 Reform Act (Public Law 
        115-397; 132 Stat. 5304), is amended--
                    (A) in paragraph (1), by striking ``the filing 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 Availability 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 ``including 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.''.
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