[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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