House Adopts Rules to Curb Sexual Harassment - H.R. 4924

The House passed by voice vote two bipartisan measures this week to overhaul Congress’ system for deterring and policing workplace harassment, with easy approval votes expected on the floor.

Among the changes in one harassment bill — authored by the GOP chairman and top Democrat of the House Administration Committee, alongside senior members of both parties — is a provision requiring lawmakers to pay for any workplace misconduct settlements involving their personal liability. That shift is a response to a flurry of recent scandals involving lawmakers on both sides of the aisle using taxpayer funds to resolve harassment claims filed by their employees.

Summary

H.R. 4924 amends the Congressional Accountability Act of 1995 (CAA) to reform the procedures for initiation, investigation, and resolution of claims, reforms the Office of Compliance, and updates the CAA where necessary. Under the bill, the new procedures for initiating, investigating, and resolving alleged violations under the CAA are as follows:

The procedures require a covered employee to file a claim in writing and under oath or affirmation with the Office of Compliance (OOC) within 180 days of an alleged violation.  The employing office is notified once a claim is filed, and special notification requirements are implemented if the claim is filed against a Member. The bill directs the OOC to establish an electronic reporting and tracking system that will be used to report and track claims. The system will be accessible by both parties, taking into consideration the covered employee’s need for confidentiality.

Once a claim is filed, an investigation is initiated by the OOC General Counsel. The bill eliminates mandatory counseling and mediation, but authorizes the OOC General Counsel to recommend meditation at any time. The OOC General Counsel is required to make one of three findings at the end of the investigation: (1) a finding of reasonable cause that a violation of Part A, Title II occurred; (2) a finding that there is no reasonable cause to believe a violation of Part A, Title II occurred; or (3) a finding indicating the General Counsel cannot determine cause based on the facts. In the event there is a finding no reasonable cause exists to believe a violation occurred, the General Counsel will issue a letter to the covered employee authorizing their right to sue in federal court.

At the conclusion of the investigation, the covered employee may proceed to a hearing before the OOC hearing officer in two instances: (1) the investigation results in a finding of reasonable cause a violation occurred, or (2) the General Counsel is unable to determine whether reasonable cause exists on the merits of the claim. The procedures allow for a covered employee to file in federal court within 45 days of filing a claim. The decision to file in federal court stops the investigation and any further ability to seek an investigation. The bill further authorizes a covered employee to file in federal court within 90 days upon receiving a right to sue letter from the OOC General Counsel, and specifies that any party may retain counsel to protect their respective interests.

The bill makes additional reforms including requiring Members, including former Members who were in office at the time of the allegation, to repay a settlement. The bill authorizes the appropriate Committees to establish a plan to withhold compensation if the account is not repaid within 90 days. If the account is not repaid in 180 days, authorization is provided to transfer funds from the Member’s Thrift Savings Plan. The bill authorizes automatic referral to the House Committee on Ethics with respect to a final disposition, and allows a covered employee to work remotely or request paid leave during pending procedures.

Title II of the bill requires OOC to report to Congress and publish every six months any awards and settlements from the previous year. OOC is directed to conduct a climate survey of all employing offices covered under the CAA regarding the workplace environment each Congress.

Title III extends the rights and protections of the bill to unpaid interns, fellows, and detailees, extends coverage to the Library of Congress, the Helsinki and China Commissions, directs legislative branch agencies to establish training and education training programs for covered agencies, and renames the Office of Compliance as the Office of Congressional Workplace Rights.

Background

The Committee on House Administration reviewed harassment and discrimination in the Congressional workplace after news reports of sexual harassment claims against Members of the House of the Representatives. The Committee worked in a bipartisan way to identify reforms to strengthen the Congressional Accountability Act.

A brief overview of the Office of Compliance and current procedures can be found here.

According to the bill’s sponsor, “The Committee held two hearings with experts on these topics, listening sessions with Members, a roundtable with stakeholders, as well as meeting with victims’ advocates. We believe these comprehensive reforms will provide a positive change of culture within the Congress, and improve the overall process of both preventing and reporting any harassment in the future. I thank my colleagues for their dedication to crafting these reforms and look forward to seeing them enacted for the betterment of our congressional community.”

Cost

A Congressional Budget Office (CBO) estimate is not currently available.