Congressional Accountability Act Enhancement Act
- Sponsor
- Rep. Scanlon, Mary Gay [D-PA-5]
- Committees
- Committee on House Administration (primary)
- Last action
- Mar 26, 2026
Bottom line
The bill strengthens accountability for employment discrimination and retaliation within Congress and improves the claims process for congressional employees.
What it actually does
This bill amends the Congressional Accountability Act of 1995 to broaden the circumstances under which Members of Congress must personally reimburse the Treasury for employment discrimination settlements and awards to include all forms of discrimination, not just sexual harassment. It also requires employing offices to reimburse for retaliation claims. Additionally, it allows individuals to file an amended claim if their initial claim is deemed insufficient by a hearing officer and expands the assistance the Office of Employee Advocacy can provide to House employees pursuing civil actions.
Proponents argue
Supporters argue that this bill enhances accountability for Members of Congress by ensuring they are personally financially responsible for all forms of employment discrimination they commit, closing perceived loopholes. They also contend that providing a mechanism for amended claims and expanded legal assistance will make the claims process more accessible and equitable for employees, reducing barriers to justice and promoting a safer workplace environment.
Opponents contend
Critics might argue that expanding personal liability for Members could lead to frivolous claims or discourage Members from engaging with staff, though this specific bill addresses clear discrimination. Some might also raise concerns about the administrative burden of processing amended claims or the scope of OEA's involvement in civil actions, potentially leading to increased costs or complexities in the dispute resolution system. However, direct opposition to these specific accountability and process improvements is not commonly voiced.
The bill is short and relatively straightforward, allowing for a quick and thorough understanding of its provisions.
Section 2(a)
Expanded Personal Reimbursement for Member Discrimination
This provision mandates that Members of Congress must personally reimburse the U.S. Treasury for any settlements or awards paid out under the Congressional Accountability Act of 1995 that stem from their personal acts of employment discrimination, including sexual harassment. Previously, the requirement for personal reimbursement was interpreted more narrowly, primarily focusing on sexual harassment. This amendment clarifies and broadens the scope to cover all forms of discrimination.
Supporters argue
Supporters argue this provision closes a critical loophole, ensuring that Members are held fully accountable for their personal conduct and that taxpayer funds are not used to cover their discriminatory actions. This fosters a more ethical and respectful work environment on Capitol Hill.
Critics contend
No specific opposition is typically raised against this provision, as the principle of personal accountability for discrimination is widely accepted. Some might express general concerns about the potential for politically motivated claims, but the core intent is generally supported.
Tradeoffs
The primary tension is balancing robust accountability for Members with ensuring due process and preventing frivolous claims. This provision aims to strengthen accountability without fundamentally altering the claims process itself.
Section 2(b)
Employing Office Reimbursement for Retaliation Claims
This provision requires employing offices within Congress (e.g., a Member's office, a committee, or an agency) to reimburse the Treasury for settlements and awards paid out in cases where an employee experiences unlawful intimidation, reprisal, or discrimination (retaliation) for filing an employment discrimination or sexual harassment claim. This expands the existing reimbursement requirements for employing offices to explicitly include retaliation.
Section 3(a)
Right to File Amended Claims After Preliminary Review
This provision allows individuals who file claims under the Congressional Accountability Act of 1995 to submit an amended version of their claim if a hearing officer's preliminary review determines that the individual is not a "covered employee" or has not stated a claim for which relief can be granted. The claimant has 10 days to file the amended claim, which then undergoes a new preliminary review. If the amended claim also fails, or no amendment is filed, the individual can then proceed directly to a civil action, bypassing a formal hearing.
Section 4(a)
Expanded Assistance from Office of Employee Advocacy
This provision permits the Office of Employee Advocacy (OEA) to provide assistance to House of Representatives employees who file civil actions related to alleged violations of the Congressional Accountability Act of 1995. Crucially, this assistance can be provided at any time, including after the employee has already filed the civil action, overriding a previous limitation. This means OEA can offer ongoing support throughout the entire legal process.