Stop Taxpayers Obligations to Perpetrators of Sexual Harassment Act

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4924) to amend the Congressional Accountability Act of 1995 to reform the procedures provided under such Act for the initiation, investigation, and resolution of claims alleging that employing offices of the legislative branch have violated the rights and protections provided to their employees under such Act, including protections against sexual harassment, and for other purposes.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, a little more than 3 months ago, you tasked the Committee on House Administration with a great responsibility, to undertake a comprehensive review of the training, policies, and mechanisms to guard against sexual harassment in the congressional workplace.

I believe that the legislation we are considering today, H.R. 4924, the Congressional Accountability Act of 1995 Reform Act, and, immediately following that, the House resolution, together, respond to this great task.

At the outset, I would like to thank the Speaker of the House, Paul Ryan, for his leadership on this issue and for the trust he placed on our committee to conduct this important review.

I would also like to thank and appreciate the work done by our Conference Chair, Cathy McMorris Rodgers.

I would also thank every member of the Committee on House Administration, particularly the ranking member, Mr. Brady. He has been a great friend and colleague over the last decade, and I appreciate being able to work closely on this issue with him.

Both the CAA Reform Act and the House resolution reflect the dedication and commitment of a bipartisan group of Members, including Representatives Byrne, Speier, Brooks, and Deutch, who want to ensure this institution remains worthy of the trust placed in it by the American people. I also want to thank Representatives DeSantis, Love, Comstock, and Chris Smith for their contributions to this bill.

As I have said previously and will state again, unequivocally, there is no place for sexual harassment, or any type of harassment, period, in the U.S. House of Representatives.

It is no secret that the culture on Capitol Hill is unique. While there are hundreds of employing offices, we should all share the common goal of creating effective work environments--environments that are safe, productive, collegial, and, most importantly, responsive, responsive to the needs of our constituents and the public.

During our review, the committee held two hearings, three member listening sessions, a roundtable discussion with stakeholders, and meetings with victims and their advocates to examine how we could improve the workplace for everyone. We found the Congressional Accountability Act of 1995 to be outdated and in need of this comprehensive reform.

We found the House training programs to be inadequate in order to meet the needs of all House employees. Additionally, we found that our House policies and procedures are in need of change as they relate to sexual harassment in the workplace.

Last November, the House took the first step in addressing these issues by passing H. Res. 630, a resolution that, among other things, requires all House employees to take annual, in-person antiharassment and antidiscrimination training. Passage of the CAA Reform Act is the logical next step.

The CAA Reform Act makes a number of reforms to the Congressional Accountability Act that will ensure its future effectiveness, including:

Reforming the dispute resolution process to establish procedures for initiating, investigating, and resolving alleged violations of part A, title II, of the CAA;

Ensuring all claims are filed in writing and are made under oath;

Requiring Members who have engaged in intentional discrimination to reimburse the Department of the Treasury;

Requiring the Office of Compliance, the OOC, to report every 6 months of a calendar year to Congress, and to publish on their website the awards and settlements from the previous year;

Directing the OOC to conduct a climate survey of the legislative branch every 2 years;

Directing the OOC to establish a permanent record retention program;

Expanding the definition of covered employees to include unpaid interns, fellows, and detailees; and

Clarifying certain commissions, such as the Helsinki Commission, are covered by the Congressional Accountability Act and providing the process for disposing of claims.

These are just a few of the reforms that the CAA Reform Act makes.

I am proud of the work of this committee and our bipartisan group of Members who have worked on this so diligently over the last several months.

Mr. Speaker, I encourage all of my colleagues to support this legislation, and I reserve the balance of my time.

House of Representatives,

Committee on House Administration,

Washington, DC, February 2, 2018.

Hon. Susan Brooks,

Chairwoman, House Committee on Ethics, Washington, DC.

Dear Chairwoman Brooks: I am writing to you concerning H.R.

4924, the Congressional Accountability Act of 1995 Reform Act

and H. Res. 724, a resolution making operational changes to

the House of Representatives as well as changes to the Code

of Official Conduct. There are certain provisions in both

pieces of legislation that fall within the jurisdiction of

the House Committee on Ethics.

In the interest of permitting the Committee on House

Administration to proceed expeditiously for floor

consideration of these important bills, I am writing to

request a waiver of your committee's right to a referral. I

request with the understanding that by waiving consideration

of these bills, the Committee on Ethics does not waive any

future jurisdictional claim over the subject matters

contained in the bills which fall within its Rule X

jurisdiction.

I will place this letter into the committee report and into

the Congressional Record during consideration of the measures

on the House floor. Thank you for the cooperative spirit in

which you have worked regarding this matter and others

between our respective committees.

Sincerely,

Gregg Harper,

Chairman.

Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from Alabama (Mr. Byrne).

Mr. Speaker, I yield 2 minutes to the gentlewoman from Indiana (Mrs. Brooks), the chairwoman of the Ethics Committee.

Mr. Speaker, I yield an additional 30 seconds to the gentlewoman.

Mr. Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. Rodney Davis), the vice chairman of the Committee on House Administration.

Mr. Speaker, I yield 3 minutes to the gentlewoman from Virginia (Mrs. Comstock), who continues to work tirelessly on this issue.

Mr. Speaker, may I inquire of the time remaining for debate.

Mr. Speaker, I yield 1 minute to the gentleman from Florida (Mr. DeSantis).

Mr. Speaker, I yield 1 minute to the gentlewoman from Utah (Mrs. Love).

Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from New Jersey (Mr. Smith).

Mr. Speaker, I yield 1 minute to the gentleman from New Jersey (Mr. Lance).

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, this is a historic moment for the House of Representatives, and I, too, want to thank Kim Betz for her hard work on our staff; as well as Jamie Fleet, the staff director; and particularly I want to give a special thanks to Jackie Speier and Bradley Byrne for the many hours they have spent working through this process for us.

Mr. Speaker, this makes historic and important steps in the House of Representatives. It brings us a step closer to achieving our goal of creating effective and safe work environments--environments that are safe, productive, collegial, and, most importantly, responsive to the needs of our constituents and the public.

There is no place like the House of Representatives. This should be, for every employee, the most special place that they will ever work.

I urge my colleagues to support H.R. 4924.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I would like to discuss the background and need for this legislation.

Accounts of sexual harassment revealed in the private sector last fall prompted former and current Members of Congress as well as congressional staff to disclose accounts of sexual harassment in Congress. Moreover, current and former Members and staff were critical of Congress' policies and procedures responding to sexual harassment claims. Criticism included, but was not limited to, the lack of awareness regarding sexual harassment generally in Congressional offices, the lack of mandatory sexual harassment awareness training; the lack of support provided to victims of sexual harassment, and the ineffectiveness of certain aspects of the dispute resolution process set out under the Congressional Accountability Act of 1995 (CAA) as it related to sexual harassment. Reports about the use of taxpayer dollars to settle sexual harassment claims in the past raised additional concerns about the lack of transparency in the process. The accounts of sexual harassment and criticism of the process revealed that it was not only timely, but important Congress review the employment and workplace policies and processes included in the CAA as well as those policies internal to House offices.

To that end, on November 3, 2017, the Speaker of the House of Representatives tasked the Committee on House Administration (Committee) to conduct a review of the ``existing training, policies, and mechanisms to guard against and report sexual harassment.'' The Speaker further ``instructed the Committee to be as thorough as possible,'' and to incorporate Member ideas and feedback.

The Committee responded and its review was methodical. On November 14, 2017, the Committee held its first hearing titled ``Preventing Sexual Harassment in the Congressional Workplace.'' The hearing identified: (1) the gaps in the House's training, policies, and procedures; and (2) solutions to address the gaps. Testifying at the hearing were Representatives Jackie Speier and Bradley Byrne in addition to Barbara Childs Wallace, Chair, Board of Directors, Office of Compliance; and Gloria Lett, Counsel, Office of House Employment Counsel. The witnesses were unified in their recommendation the House should implement a mandatory training program.

On November 29, 2017, the House of Representatives responded to the calls for mandatory training by passing H. Res. 630. H. Res. 630 requires all House employees, including interns, fellows, and detailees, to participate in a mandatory annual training program. In addition, the resolution required all House offices to post a statement of employee rights and protections under the Congressional Accountability Act of 1995 (CAA). The resolution also required the Committee to promulgate regulations within 30 days to implement the House of Representatives' training and education program, which it did on December 19, 2017. Mandatory training will begin on April 2, 2018.

On December 7, 2017, the Committee held a second hearing focused on the CAA and the need to reform certain provisions to ensure the adjudication process contemplated by the CAA protects the rights of all parties to the proceedings. The Committee took testimony from four experts, including Victoria Lipnic, Acting Chair, Equal Employment Opportunity Commission; Susan Grundmann, Executive Director, Office of Compliance; Gloria Lett, Counsel, Office of House Counsel; and Dan Crowley, former General Counsel, Committee on House Administration.

The Committee also held a roundtable discussion with organizations reflecting the interests of both employees and employers to discuss best practices in preventing harassment and discrimination in the workplace. In addition, stakeholders discussed potential reforms to the CAA's dispute resolution process to protect employers and employees.

Congress passed the CAA in 1995 to bring Congress, the Architect of the Capitol, the U.S. Capitol Police, the Office of Congressional Accessibility Services, the Congressional Budget Office, the Office of Attending Physician, and the Office of Compliance under the same employment and workplace safety laws and standards as the federal government and the private sector. The CAA incorporates the prohibitions against discrimination contained in Title VII of the 1964 Civil Rights Act (42 U.S.C. 2000e et seq.). In addition to incorporating employment and safety laws, the CAA establishes the adjudication process for resolving claims filed under the CAA. For discrimination claims, the adjudication process includes counseling, mediation, and either an administrative hearing overseen by the OOC or proceeding to federal court.

In addition to the dispute resolution process, the CAA authorizes remedies for successful claims of discrimination, including sex discrimination and harassment. The remedies are similar to those available under Title VII, with the exception of punitive damages. Successful claims under the CAA are paid from an account within the Department of Treasury of the United States authorized for the payment of awards and settlements under the CAA. Rule X of House Rules specifies that employing offices of the House may only enter into settlements providing for the payment of claims filed under the CAA only after receiving the approval of the Chair and Ranking Member of the Committee.

The CAA established the Office of Compliance (OOC) as the independent non-partisan agency to implement the adjudication process for claims filed under the CAA. The OOC is responsible for, among other things, to compile and publish statistics ``on the use of the Office by covered employees, including the number and type of contact made with the Office, on the reason for such contacts, on the number of covered employees who initiated proceedings with the Office under this chapter and the result of such proceedings and on the number of covered employees who filed a complaint, the basis for the complaint, and the action taken on the complaint.''

The CAA has not been comprehensively examined since its passage in 1995. The Committee's review revealed frustration and criticism of the initial stages of adjudication process as it related to sexual harassment claims; concerns with OOC's management policies, including its record management, and the need for additional reporting by the OOC beyond its current statutory obligations. Relatedly, the Committee believes there should be greater transparency around the use of the Settlement and Award account authorized under section 1415 for section 201(a) and 207 claims for discrimination and retaliation. Furthermore, the Committee believes in cases of harassment and discrimination where a Member of Congress' conduct is intentional, reimbursement to the Treasury account should be

required. To that end, the Committee recommends the reforms contained in H.R. 4924 to ensure the CAA's future effectiveness in preventing discrimination and harassment in the Congressional Workplace and adjudicating claims in a fair and expeditious manner.

The Committee found the current requirements for counseling and mediation to be ineffective and burdensome. Specifically, the Committee took testimony revealing the ``counseling phase'' was not counseling but more akin to claim intake. The Committee further found the mandated 30-day counseling period to be unnecessary. The Committee recommends eliminating the counseling phase altogether and replacing it with a more simplistic process. Under H.R. 4924, proceedings set out under section 1401 are initiated as soon as a claim is filed. Relatedly, the Committee heard concerns about frivolous claims being filed under the CAA and potential abuses of the adjudication process. The Committee recommends strengthening the requirements for filing a claim under the CAA as well as imposing standards and responsibilities on all attorneys involved in a CAA proceeding similar to those found in Rule 11 of the Federal Rules of Civil Procedure. H.R. 4924 requires claims filed under the CAA to be in writing and under oath. Moreover, attorneys involved in a CAA proceeding must ensure all filings with the OOC are made in a manner consistent with their ethical obligations in federal court.

In addition to concerns about the counseling phase, the Committee heard testimony criticizing mandatory mediation. The Committee agrees the mandate only prolongs a proceeding--particularly in cases where one party does not want to settle. The Committee recommends making mediation available when both parties agree that it is in their joint interest.

Apart from the reforms to counseling and mediation, the Committee recommends granting investigative authority to the OOC General Counsel. The Committee supports incorporating a similar investigative process as is currently conducted by the Equal Employment Opportunity Commission (EEOC) in the private sector and executive branch. Given the OOC General Counsel already has investigative authority under the CAA in certain other claims, the Committee recommends extending limited investigative authority to claims, including those of discrimination and harassment. The Committee believes investigations early on will help facilitate the resolution of cases. The Committee further believes the OOC General Counsel should have limited subpoena authority during its investigation. However, this authority should not be construed to be any broader than the authority granted to hearing officers pursuant to section 1405(f). Further, as noted in the text of H.R. 4924, the Committee believes subpoenas should only be issued as a last resort and primarily to keep the investigation on schedule.

As noted above, during the Committee's review, reports surfaced of settlements of sexual harassment claims involving taxpayer dollars, including the use of the Member Representational Allowance (MRA). The Committee heard from Members, constituents and the public that taxpayer dollars should not be available to settle claims of sexual harassment. While the Committee agrees, it recognizes victims need to be made whole. Not victims a second time.

To that end, H.R. 4924 requires a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress), a Senator, or a former Member of the House of Representatives or Senator to reimburse the Department of Treasury account authorized under section 1415 for certain settlements and awards. H.R. 4924 sets out a structure to compel reimbursement if voluntary reimbursement is not made.

The Committee is mindful that personal liability for employment law claims does not exist in federal law and has worked to strike a balance between protecting taxpayers from being responsible for bad actions conducted by elected officials, protecting the due process rights of those accused, and not making the provision so broad as to discourage the settlement of meritorious claims.

With this in mind, the Committee intends the reimbursement obligation to be triggered only when three conditions are met: (1) the claimant alleges (and, unless the claim is settled, ultimately proved to the trier of fact) that the Member or Senator personally engaged in an intentional act of harassment, discrimination, or retaliation with animus covered by section (d)(1)(B); (2) the alleged act resulted in a settlement or award for the claimant; and (3) payment is made from the section 1415 account to compensate the claimant for the specific claim requiring reimbursement under this section. If in contention, the trier of fact should make an express finding, separate from the underlying claim, that the Member or Senator engaged in an intentional act of harassment, discrimination, or retaliation covered by section (d)(1)(B) with animus.

A reimbursement obligation is not triggered if the claimant does not allege an intentional act of harassment or discrimination or retaliation committed by a Member or Senator with animus and covered by this section. For example, the Committee does not intend the reimbursement obligation to be triggered if an act of discrimination or harassment was alleged against a supervising employee of a congressional office, such as the chief of staff. The provision would also not apply in the case of an omission, such as a failure to properly supervise an employee with hiring authority. The provision would not apply in the case of a disparate impact or other theory of unintentional discrimination. The provision would not be triggered if the claimant alleges a violation occurred but does not name a Member or Senator as the individual who committed an act leading to the violation. In the case of a discrimination claim, the provision would not apply if there was no discriminatory animus on the part of the Member or Senator.

Concerned with its day-to-day management, Congress requested the Government Accountability Office (GAO) to audit OOC in 2004. The Committee has similar concerns today. H.R. 4924 directs the Government Accountability Office to update its 2004 review of OOC's management practices. In addition to its management operations, the Committee is also concerned with the lack of record retention policies adopted by OOC. H.R. 4924 requires OOC to establish a permanent record retention program to ensure that general questions about OOC case management may be answered in a timely manner.

Relatedly, the Committee's review brought to light the use of the Department of Treasury account established in Section 1415 to pay for the settlement of claims including claims of sexual harassment. In addition to settlements and awards constructed under the CAA, it was brought to the Committee's attention that the Member Representational Allowance (MRA) was used to settle claims of sexual harassment, including for claims filed under the CAA. While not specifically prohibited by statute or by the Committee's Member Handbook, the use of the MRA for these purposes is of concern and is addressed in separate legislation.

The Committee is concerned with the use of taxpayer dollars to settle claims, particularly for claims of discrimination and harassment. H.R. 4924 directs the OOC to report within 30 days on all settlements and awards under the CAA in which public funds were used over the last 20 years. This includes any House or Senate account. The OOC is directed to identify the claim, the award or settlement and the source of funding. In putting together its report, the OOC should take care not to disclose any identifying information about any party to a legally binding agreement or proceeding who has an expectation of privacy. The Committee understands there may be victims to agreements which may be unenforceable. To that end, the Committee recommends working with the new Office of Employee Advocacy authorized in separate legislation.

Notwithstanding OOC's responsibility to issue its comprehensive report looking backward, H.R. 4924 directs the OOC to report to Congress every six months on the payment of awards and settlements for claims filed under Part A, title II of the CAA, the name of the employing office, the amount of the award or settlement, and in cases where a Member or Senator is responsible for reimbursement--whether the Member is in compliance with the reimbursement obligation.

Notwithstanding its new reporting requirements, the Committee takes this opportunity to clarify its expectation of OOC's current reporting requirements. The Committee encourages the OOC to include in its existing reporting the following: (1) number of Complaints listed by their protected categories under the CAA (ie. race, sex, national origin, religion, disability, age) as opposed to title VII; (2) summary of general information requests listed by the groups of people contacting the OOC (ie. number of covered employees, number of public inquiries, media, union, employing offices); (3) the specific information requested by protected category for issues under section 201 and 207 (race/color, sex/gender, disability, age, national origin, retaliation, religion); (4) the number of requests for counseling and mediation broken down by their protected classes; and (5) workplace issues raised with the OOC (ADA, compensation, demotion, disparate treatment, equal pay, harassment/hostile work environment, promotion, overtime, etc).

Mr. Speaker, I include in the Record a section-by-section analysis of this legislation:

Section-by-Section of the Legislation

Title I--Reform of Dispute Resolution Procedures

Subtitle A--Reform of Procedures for Initiation, Investigations and

Resolution of Claims

Sec. 101 (a). Description of Procedures Available for

Consideration of Alleged Violations. Section 101 sets out the

procedures for initiating, investigating and resolving

alleged violation(s) of Part A, Title II of the Congressional

Accountability Act (CAA). The procedures require a covered

employee to file a claim with the Office of Compliance

(OOC). Once a claim is filed, an investigation is initiated

by the OOC General Counsel. The section specifies 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 section 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.

Finally, the section specifies that any party may retain

counsel to protect their respective interests. The section

also imposes FRCP Rule 11 obligations on all parties to the

proceedings including OHEC, the new Office of Employee

Advocate and any party that intervenes on behalf of a party.

Sec. 101 (b). Conforming Amendments. The section makes

conforming amendments.

Sec. 102 (a). Reform of Process for Initiation of

Procedures. Section 102 specifies a claim must be filed with

the OOC to initiate the process. The claim must be in writing

and under oath or affirmation. (The bill eliminates mandatory

counseling and mediation). The employing office is notified

once a claim is filed. The section also sets out a special

notification requirement to Members whose conduct is the

focus of a section 201(a) or 207 allegation. The special

notification requirement specifies OOC must notify the Member

of the potential repayment obligation associated with claim

and the opportunity to intervene in the proceedings. The

section 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. In addition, the section imposes a reporting

requirement on OOC to provide the Committees of jurisdiction

with semi-annual reports on the effectiveness of the system

to facilitate the resolution of cases. Under section 102, all

claims must be filed within 180 days of alleged violation.

The section reaffirms the ability of a covered employee to:

contact OOC or any other office (i.e. Office of Employee

Advocate) for information; refer a matter to the respective

Committees on Ethics; as well as to file in federal court.

Sec. 103 (a). Investigations of Claims by General Counsel.

Section 103 authorizes the OOC General Counsel to initiate an

investigation of a claim under Part A, Title II once a claim

is filed. The OOC General Counsel has subpoena authority to

compel production of documents and testimony from witnesses

during the pendency of the investigation. The subpoena

authority is consistent with existing subpoena authority held

by the hearing officers under Section 1405(f). Subpoenas may

be enforced in same manner as provided in Section 1405 (f).

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. The section

authorizes the General Counsel to transmit the findings to

the parties. With respect to section 201(a) and/or 207 claims

involving Member conduct, the General Counsel is authorized

to transmit the report to the Committees on Ethics. The

section authorizes the General Counsel to recommend mediation

to the parties at any time. The General Counsel has 90 days

to investigate and issue findings. The General Counsel can

extend investigation for an additional 30 days with notice to

the parties.

Sec. 103 (b). Conforming Amendments. This section makes

conforming amendments.

Sec. 104. Availability of Mediation during Investigations.

Section 104 allows the parties to request mediation while the

investigation is proceeding. The request for mediation must

be made by both parties and may be for a period of 30 days.

The parties may jointly agree to extend for another 30 days.

The section allows the parties to be separated during

mediation if requested by the covered employee.

Part B--Other Reforms

Sec. 111. Requiring Members of Congress to Reimburse

Treasury for Amounts Paid as Settlements and Awards in Cases

of Acts Committed Personally by Members. The section requires

Members of Congress (including former Members who were in

office at the time of the allegation) to repay the Settlement

and Award Account authorized under section 1415 of the CAA.

Members are responsible for repayment in cases in which the

allegation of an act or violation under section 201(a)

(discrimination and harassment) and section 207 (retaliation

resulting from a 201(a) violation) involves a Member

personally. The section 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

within 180 days, section 111 authorizes the transfer of funds

from the Member's Thrift Savings Plan. The section clarifies

that spouses' rights are not applicable when TSP is accessed.

In the event, the Member is no longer receiving compensation

(i.e. former Member), the section authorizes withholding

annuities and transferring amount to the account. The section

reiterates a Member's right to intervene in his or her

personal capacity during mediation, hearing or civil action

to protect the Member's interest. The section ensures the

covered employee is not unduly burdened in depositions

resulting from the intervention. The Committees on House

Administration and Senate Rules are charged with promulgating

regulations to implement this section.

Sec. 112. Automatic Referral to Congressional Ethics

Committees of allegations involving Members and Senior Staff.

Section 112 authorizes an automatic referral to the House

Committee on Ethics (and Senate Select Committee on Ethics)

with respect to claims filed under section 201(a) (harassment

and discrimination) and/or 207 involving Member and senior

staff conduct. The referral occurs when there is: an order to

pay an award or settlement (including agreements resulting

from mediation outlined in section 104); a final decision of

a hearing officer; a final decision by the Board under

Section 406(e); and a final decision in a civil action. The

section authorizes the Committees on Ethics to have access to

records and information relating to any investigation,

hearing, or settlement. The section prohibits the Committee

on Ethics from releasing the identity or position of an

individual making allegation.

Sec. 113. Availability of Remote Work Assignment or Paid

Leave of Absence during Pendency of Procedures. The section

allows a covered employee to work remotely if requested. If a

covered employee's responsibilities require on-site presence,

an employee may request paid leave. The section prohibits an

employing office from using requests as a method of

retaliation. The section protects any collective bargaining

agreements that are in place.

Sec. 114. Modification of Rules on Confidentiality. The

section makes technical changes to sections 1416(a) and (b)

regarding confidentiality as it relates to filing a claim and

the subsequent investigation as well as information relating

to mediation. The section includes a rule of construction

indicating nothing in the section precludes a covered

employee or employing office from disclosing information

related to a claim.

Sec. 115. Reimbursement by Other Employing Offices of the

Legislative Branch of Payments of Certain Awards and

Settlements. Section 115 requires the Legislative Branch

agencies under the CAA to repay the Settlement and Award

account as result of awards and settlements issued under

section 201(a). Repayment shall be made from the operating

expenses of agency within 180 days. The section directs the

OOC to establish procedures and timetables for repayment.

Title II--Improving Operations of Office of Compliance

Sec. 201. Semiannual Reporting on Allegations, Awards, and

Settlements. In addition to their current reporting

requirements, section 201 requires the OOC to report every

six months of a calendar year to Congress and to publish on

their website the awards and settlements from the previous

year. The report to Congress must include: the employing

office; the provision of Part A, Title II that was the

subject of the allegation or violation; and the amount of the

award or settlement resulting from an allegation or

violation. In cases where the Member is personally

responsible for repayment, the report will identify whether

the Member has complied with repayment obligations. In

addition, the section requires the OOC to submit a report

within 30 days of enactment on all payments made with public

funds, including MRAs, used to settle section 201(a) claims.

The report is to include the amount paid and the source of

funding.

Sec. 202. Workplace Climate Survey. The section directs the

OOC to conduct a climate survey of all employing offices

covered under the CAA regarding the workplace environment

each Congress. The survey will also collect data on sexual

harassment in congressional employment. The section requires

the OOC to ensure all responses to the survey are anonymous

and confidential and to consult with the respective House and

Senate Committees on the survey including collecting and

analyzing data. The section requires OOC to maintain

confidentiality during the process and with the results. The

section directs the survey results to be sent to the

Committees.

Sec. 203. Record Retention. The section requires the OOC to

establish and maintain a permanent recordkeeping program.

Sec. 204. GAO Study of Management Practices. The section

requires the GAO to update its review of the OOC's management

practices and effectiveness within 180 days. The last GAO

study was conducted in 2004.

Sec. 205. GAO Study of Cybersecurity. The section requires

GAO to conduct an audit of the OOC's cyber security systems

and practices within 180 days.

Title III--Miscellaneous Reforms to the CAA

Sec. 301. Extension to Unpaid Staff of Rights and

Protections against Employment Discrimination. The section

extends coverage of the rights and protections established

under the CAA to unpaid interns, fellows and detailees.

Sec. 302. Coverage for Purposes of Protections against

Workplace Discrimination. The

section extends coverage of Part A, Title II of the CAA to

the Library of Congress. The section acknowledges the

existing process utilized by covered employees of the Library

and gives those employees choice of whether to continue to

use the LOC internal grievance procedures if they choose.

Sec. 303. Clarification of Coverage of Employees of

Helsinki and China Commissions. The section extends covered

employee status to employees of the above Commissions. The

section establishes employing office status for the

Commissions, which is contingent on whether the House or

Senate maintains the Chairmanship. Section 303 also sets out

the process for approving the disposition of claims against

the Commissions as employing offices. The section also

extends coverage to the Office of Technology Assistance and

the John C. Stennis Public Service Training and Development

Center.

Sec. 304. Training and Education Programs of Other

Employing Offices. Section 304 directs the legislative branch

agencies to establish programs of training and education for

covered employees on the rights and protections under the

Mr. Speaker, let me thank the ranking member, Mr. Brady, and acknowledge his longstanding leadership and friendship, and as well the work that he does with the chairman and for his leadership as well.

This is a highlight on the floor of the House for the bipartisanship that it represents, the tone of which we are speaking, even though we know that this is a matter of urgency and we have seen the telling of situations that none of us would want to see repeated.

And forgive me for using more of a most recent set of circumstances just to capture the intensity of the moment, and that is, of course, the recent trial with a conspicuous and vile sex offender to the 200- plus young women athletes.

Now, this is not the circumstances here in the House of Representatives, but I think it captures the intensity of silence, because those young women had to live or thought that that was what they were obligated to do because they wanted to achieve greatness in their field, and they were stopped by the wall of silence and, therefore, could not find relief. The courts have finally given them relief, but through an enormity of pain.

I think it is important for the congressional standards to be such that it sets a wide net across the Nation to be able to ensure that the wall of silence is broken.

Mr. Speaker, I support H.R. 4924, to amend the Congressional Accountability Act of 1995 to reform the procedures provided under such Act for the initiation, investigation, and resolution of claims alleging that employing offices of the legislative branch have violated the rights and protections provided to their employees under such Act, including protection against sexual harassment, and for other purposes.

Mr. Speaker, this bill will provide a broader subpoena authority to the Office of Compliance, which adjudicates workplace disputes, and as well it would expand protections in other areas of antidiscrimination.

Let me say that this is a positive statement made by all of us, and I ask my colleagues to support H.R. 4924.

Mr. Speaker, I rise today to express my support for H.R. 4924, the ``Congressional Accountability Act of 1995 Reform Act,'' legislation to amend the Congressional Accountability Act (CAA) of 1995 to reform the procedures provided under such Act for the initiation, investigation, and resolution of claims alleging that employing offices of the legislative branch have violated the rights and protections provided to their employees under such Act, including protections against sexual harassment, and for other purposes.

Legislative branch employees who allege sexual harassment or other workplace violations could use an accelerated claims process under H.R. 4924.

The bill would amend the 1995 Congressional Accountability Act (CAA; Public Law 104-1).

I celebrate and congratulate Jackie Speier and the women members of Congress who stood up. Thanks again to the Ranking Member and Chairman of the House Administration Committee.

The amendments include:

Eliminating a requirement for counseling and mediation before a legislative staffer could file a civil action in a U.S. district court;

Requiring members of Congress to pay for settlements and awards if they're the alleged offender;

Giving broader subpoena authority to the Office of Compliance (OOC), which adjudicates workplace disputes for most legislative branch offices;

Requiring the OOC to publish more information on claims, awards, and settlement payments and reimbursements from lawmakers;

The measure follows recent accusations that lawmakers sexually harassed or otherwise mistreated employees.

Some of those cases went through the OOC process and resulted in resignations and taxpayer-funded settlements.

The OOC approved more than $17 million in awards and settlements from fiscal 1997 through 2017.

Many of those cases originated outside of member-led congressional offices and didn't involve alleged sexual harassment.

The House is also slated to consider a separate resolution (H. Res. 724) that would apply only to House offices and employees.

That measure would establish an office to provide House employees with free legal assistance during the OOC process, and would bar the Office of Congressional Ethics from investigating an alleged workplace violation once a staffer files a claim with the OOC.

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.

The CAA requires congressional and other legislative offices, such as the Congressional Budget Office, to comply with about a dozen workplace protections that apply to private-sector and executive branch employees.

For instance, the 1964 Civil Rights Act bars discrimination based on factors such as race, religion, and sex.

The Supreme Court has held that the law also prohibits sexual harassment in the workplace.

Some CAA provisions don't apply to offices such as the Library of Congress (LOC), whose employees are covered by other laws and procedures.

To seek relief for certain workplace violations specified in the CAA, a legislative employee must go through a multistep OOC process.

Within 180 days of an alleged violation, the employee must bring it to the attention of the OOC to initiate a 30-day counseling phase and be informed of his or her rights.

The OOC doesn't notify the employing office unless the employee waives confidentiality.

An employee can participate by phone and be represented by someone else.

If a claim isn't resolved during the counseling phase and the employee wishes to keep pursuing it, he or she must file a request for mediation, which lasts at least 30 days and can be extended for an additional period.

Materials prepared for mediation are kept confidential, though an employee can still discuss the allegations publicly, according to December 2017 testimony from OOC Executive Director Susan Tsui Grundmann.

If a resolution can't be reached through mediation, the employee can file a confidential administrative complaint with the OOC or a public civil action in a U.S. district court.

Either filing has to be made within 90 days after mediation ends, though the employee must wait at least 30 days during a ``cooling off'' period.

OOC-appointed hearing officers are authorized to issue subpoenas to investigate the allegations.

An employee can appeal a hearing officer's decision to the OOC board and then to the U.S. Court of Appeals for the Federal Circuit.

For most legislative branch offices, including congressional offices, settlements are paid from an account in the Treasury general fund.

The bill would still require employees to file a claim with the OOC within 180 days of an alleged violation. The measure, however, would allow an employee to file a civil action in a U.S. district court within 45 days, which would end the OOC investigation.

Otherwise, the matter would go through a revised OOC process.

At the outset, the OOC would inform the employee of his or her rights and notify the head of the employing office.

Employees could also contact the OOC before filing a claim to learn about their rights.

The OOC general counsel's investigative authority is limited to certain types of claims, such as alleged violations of the Occupational Safety and Health Act.

The bill would expand that authority to cover a wider range of claims, including alleged discrimination or harassment under the Civil Rights Act.

The general counsel could issue subpoenas regardless of whether a party requests one.

The bill would express the sense of Congress that subpoenas should be issued only if other methods are insufficient.

The general counsel would have to finish the investigation within 120 days.

The OOC would have to conduct an administrative hearing if the general counsel finds reasonable cause to believe there was a violation, or if the general counsel is unable to make a determination.

If the general counsel finds no reasonable cause to believe a violation occurred, the employee would be notified that he or she could still file a civil action within 90 days.

The general counsel could also recommend mediation, and the parties could file a joint request for mediation at any time.

The bill would allow an employee to request mediation meetings in which the parties are separated.

Any investigative reports concerning allegations of discrimination or retaliation by members of Congress would be referred to the House and Senate Ethics committees.

The OOC would also refer claims to the committees if there's a final disposition--such as a settlement or final decision by the OOC or a court--in a case involving a lawmaker or a senior staffer.

The bill would require current and former members of Congress to reimburse the government if an employee receives an award or settlement for the member's alleged act of discrimination or retaliation.

Funds could be withheld from the member's salary or retirement account if he or she doesn't meet payment deadlines specified in the bill.

The OOC would have to notify members as soon as a claim is filed that they may be required to provide reimbursement.

The member could intervene in a mediation, hearing, or civil action to contest an award or settlement, though the employee who filed the claim couldn't be subject to an additional deposition.

Non-congressional legislative offices would also have to reimburse the government for certain award or settlement payments.

The filing and investigation of a claim would be kept confidential, though an employee or employing office could disclose claim information during a proceeding.

The bill would also clarify that information discussed or disclosed during mediation would remain confidential, without barring the parties from talking about the underlying allegations.

An office could allow an employee to work remotely or grant the employee a paid leave of absence while a claim is pending.

The provisions wouldn't override the terms of a collective bargaining agreement for the office.

The bill would rename the OOC as the ``Office of Congressional Workplace Rights'' and make other changes to the office.

The office publishes annual reports with statistics on employee contacts with the office, the basis of their claims, and the results of proceedings.

The bill would require the office to publish semiannual reports listing each award and settlement in the previous year related to a wide range of CAA workplace claims if the money comes from the Treasury account.

The reports would have to specify the employing offices, award amounts, and alleged violations.

They would also have to indicate whether members of Congress made reimbursements resulting from cases of alleged discrimination.

Reports couldn't include the names or positions of employees who filed a claim.

Within 30 days of the bill's enactment, the office would have to publish a report on all previous payments related specifically to discrimination claims if the payment involved any public funds.

That report would have to indicate the amount paid and the source of public funds, including a House or Senate office account, though it couldn't identify the specific office.

The OOC would also have to establish an electronic system to receive and keep track of claims, and use the system to provide Congress with semiannual reports on the time required to resolve claims.

The OOC would collect information from employing offices, including the Library of Congress, every two years on their workplace environment and attitudes regarding sexual harassment.

All responses would be anonymous and confidential.

The OOC would consult with Congress on survey procedures and methodologies and share the survey results.

The office would have to create a program to permanently retain records of investigations, mediations, hearings, and other proceedings.

The Government Accountability Office would report to Congress on OOC management practices and cybersecurity.

The bill would expand certain protections--including antidiscrimination provisions--to cover employees at the LOC, as well as unpaid legislative branch interns, detailees, and fellows.

Because of these clarifications and expanded protections included in H.R. 4924, I stand in support of this bill and urge my colleagues to join me.

Mr. Speaker, I thank the gentleman for yielding. I also thank him and Mr. Harper for their leadership in bringing this legislation to the floor.

Congratulations to the Committee on House Administration. I commend Congresswoman Brooks and Congressman

Deutch for their work on the Ethics Committee in this regard. I thank Mr. Raskin as well for his work.

Of course I want to thank Congresswoman Jackie Speier from California, who has made this part of her life's work in officialdom in her public service in the California Legislature and here. Today, the fruit of your labor, Madam Congresswoman, comes to fruition. Your strong leadership will ensure that no survivor of discrimination or harassment will face the injustice of having his or her voice silenced.

The ME TOO Congress Act is our promise, in a bipartisan way, to hold every person accountable to the rule of absolutely zero tolerance. No matter someone's contribution to our country, harassment and discrimination are always unacceptable.

With this bill, we are shining a blazing light on the scourge of workplace abuse, which has been allowed to fester in the shadows for too long. We are securing protections for all employees by streamlining and strengthening the resolution and reporting process.

We are holding Members personally responsible for settlements, and we are guaranteeing taxpayer money will never again be used to create a culture of complicity and silence around workplace harassment.

This bill is bipartisan because the fight against workplace harassment and discrimination transcends party or politics. This legislation is about protecting the personal safety of every person who comes to Congress to serve either as a Member or in the workforce. This is about upholding human dignity and the inalienable right to live free from abuse.

Our Nation is at a watershed moment in the fight against sexual harassment and discrimination. Brave men and women from Hollywood to Washington, from Sacramento--I might add, where my daughter has been involved in this campaign--from the boardroom to the newsroom, in the hotels, restaurants, and workplaces, in every corner of the country, people are standing up to say: Time is up.

But the Me Too movement has really made quite a difference. Their voices are correcting the culture around harassment and abuse.

But more needs to be done. The Congress must continue to work with the Equal Employment Opportunity Commission and others to forge a path forward to improve protection for all American workplaces. That is why I am so pleased to bring this bill to the floor.

Over recent times, Members of Congress listened to survivors and advocates, learned from public and private sector experts, and received constructive recommendations from many Members. We will not rest until every person in every workplace has full safeguards against harassment and abuse and discrimination. This is a time for shaking up the status quo, not for bowing to inaction and incrementalism.

Members of Congress are trustees of the people. We have a solemn responsibility to do well by the people, both the people who sent us to Washington, and those who serve by our sides here. Our values and our humanity compel us to take action and to finish this fight so that every woman, man, and child can live free from the fear of abuse.

Again, I thank Mr. Brady and Mr. Harper for their leadership on this issue.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, since we began this process several months ago, I have met with experts, my colleagues, and, most importantly, the survivors of sexual harassment and assault. Their insight has informed this legislation today.

By passing this proposal, Congress will take a much-needed first step in changing how we do business:

We eliminate counseling;

We eliminate the cooling off period;

We make mediation optional;

We change the system so that we protect the victim and not the perpetrator;

We require more transparency with regular reporting that has meaningful information;

We change the confidentiality rule so that the victim decides what to talk about and when; and

We hold Members accountable for their behavior by referring every case to the Ethics Committee.

This is long overdue.

There is one person who has been championing this work her entire career, the gentlewoman from California, Representative Jackie Speier, and I thank her. Without her, we would not be here. Representative Speier's leadership and persistence are the main reasons we are so close to getting this done, and the entire Congress should be grateful for her work.

It is because of the leadership of the chairman that we are here on the floor today. As he has his entire 10 years on the committee, he has been focused on working together in a bipartisan way where we can agree. Because of that commitment, he will certainly be remembered as one of the most consequential chairmen of this committee. I thank him, and I cherish his friendship.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Speier), and, again, the main reason we are on the floor today.

Mr. Speaker, I yield the gentlewoman from California an additional 30 seconds.

Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Pelosi), our Democratic leader.

Mr. Speaker, I yield 2 minutes to the gentleman from Maryland (Mr. Raskin), a valued member of our committee.

Mr. Speaker, I yield an additional 30 seconds to the gentleman.

Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Deutch).

Mr. Speaker, I yield 2 minutes to the gentlewoman from the District of Columbia (Ms. Norton).

(Ms. NORTON asked and was given permission to revise and extend her remarks.)

Mr. Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee).

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, this is an important day for the House of Representatives. Republicans and Democrats from all different parts of the country have come together to make meaningful change in how Congress operates.

As I conclude, I would like to thank the staff that worked so hard on this, especially Kim Betz, Molly Fishman, and Miriam Goldstein; and members of my staff, Teri Morgan and Jamie Fleet, my staff director.

Mr. Speaker, I thank Chairman Harper for his leadership, and I urge my colleagues to support this legislation before us now.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I thank the chairman for his leadership. I also thank all of my colleagues on the committee and all of those who have participated in this process on this bill and this resolution.

I rise in support of both the bill and the resolution.

We know sexual harassment is about power--a misuse of power that impacts careers, lives, and self-esteem. We know most women do not come forward and disclose sexual harassment. We know, often, they leave their desired careers because of that.

We have seen it in all industries: predators such as Harvey Weinstein in Hollywood; Matt Lauer, Roger Ailes, Charlie Rose in the media; John Conyers and Trent Franks in our own body.

So it is so important that this legislation, this historic step, is fundamentally changing that balance of power by creating an office for the victims, the Office of Employee Advocacy. This is the single most important thing in this legislation to restore that balance of power that has been misused by those in power.

When I spoke to Dorena Bertussi, who, 30 years ago, was sexually harassed in this body by Congressman Jim Bates from California, she didn't have an office to go to. She didn't even have one that wasn't very good. So now, 30 years later, we are writing this.

We now have transparency. People can't hide behind the process anymore. The Members' names will be known. Taxpayers will not be on the hook for any of this. The offender themselves will have to pay. We have all types of methods in here to get that money because we want to make sure the victim is made whole.

I appreciate we have also adopted some of the DeSantis provisions to get a full accounting of past cases so we know the amounts and we know exactly what happened. And I am still concerned about those Members who may have used their MRAs, their Member allowances, in an inappropriate way. That is corrected in this bill and is no longer allowed.

Also, we have made it clear that there are no relationships with subordinates. I do want to mention that I still do believe, despite-- this is a great bill and I heartily support it and so appreciate all the hard work that the staff and everyone has done, but I still do believe we need to disclose the past names that are still unknown. Some of those names have come forward because of the press, because of victims speaking out.

We need to let the victims know that they can speak out from the past. If they want to speak out, they can; that this body is not going to be using any of our resources to stop a victim from the past from speaking out.

I also do think we still need to disclose all of those names going forward so that we have full accountability, because part of that misuse of power is that they can continue to know they won't be held accountable, and the victims see that. So we need to have a strong message that there is nobody in this body that would ever be allowed to go forward without being held accountable.

I encourage all of my colleagues to support this resolution and this important legislation.