Congressional Accountability Act Enhancement Act

Bill: 117-hr-7542
Sponsor: full_name: Rep. Speier, Jackie [D-CA-14]
Introduced: 2022-04-18
Policy area: Congress
Latest action: action_date: 2022-04-18
text: Referred to the House Committee on House Administration.

Summaries:
action_date: 2022-04-18
action_desc: Introduced in House
text: <p><b>Congressional Accountability Act Enhancement Act</b></p> <p>This bill extends the liability of Members of Congress for employment discrimination settlements and awards and expands certain employment protections for congressional employees.</p> <p>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.</p> <p>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.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 7542 IN THE HOUSE OF REPRESENTATIVES April 18, 2022 Ms. Speier (for herself, Ms. Underwood , Ms. Scanlon , Ms. Porter , Mrs. Bustos , Ms. Norton , Ms. Newman , Mr. Cleaver , Ms. Adams , Ms. Jacobs of California , Mr. Johnson of Georgia , Mr. Danny K. Davis of Illinois , Mr. Vargas , and Mrs. Cherfilus-McCormick ) 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 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.

1. Short title This Act may be cited as the Congressional Accountability Act Enhancement Act . 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. 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. 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.