ME TOO Congress Act: Overhauling the Congressional Sexual Harassment Complaint Process (H.R. 4396)

What is H.R. 4396?

(Updated April 19, 2018)

This bill — known as the ME TOO Congress Act — would seek to prevent and respond to sexual harassment in Congress by overhauling the complaint system, improving training, and making the process more transparent. It would end required mediation and mandatory nondisclosure agreements, require annual sexual harassment training by members and employees, and require members to settle harassment claims against them with their own money.

Counseling and mediation would no longer be required to file a complaint, and instead would be optional. If counseling and mediation is waived, the deadline for filing a complaint would be 180 days after the alleged violation, and the complaint could be made anonymously. Nondisclosure agreements would no longer be imposed as a condition of initiating a complaint, but would still be allowed for the contents of mediation or as part of a negotiated settlement. Complainants could also waive confidentiality in counseling.

Victims would have an optional Victims’ Counsel program available to them, which could provide legal advice and representation to complainants in matters related to the alleged violation. Investigative and subpoena authority would be turned over to the Office of Compliance (OOC).

An employing office would be required to allow a complainant to work remotely during proceedings if they request to do so. If their work cannot be done remotely, the office would be allowed to offer them a paid leave of absence. Employees on paid leave of absence wouldn’t count against the total number of allowed employees in a House office. Organizations with previously agreed upon collective bargaining agreements would be exempt.

Hearings would have to be completed within 180 days of a complaint being filed, and counsel representing the employing office would have the authority to negotiate the final settlement amount without the approval of any committee of Congress.

Annual sexual harassment training would be required for members and staff, which would have to be certified upon completion. It would include specific instructions on how members and senior staff should respond to incidents of sexual harassment.

The bill’s full title is the Member and Employee Training and Oversight On Congress Act.

Argument in favor

It’s clear that Congress needs to do more to address the problem of sexual harassment. This bipartisan bill would be a positive step toward preventing harassment and provide better support for victims. Taxpayer funds shouldn’t go toward lawmakers’ settlement payments.

Argument opposed

Sexual harassment in the workplace is a problem, but the procedures that Congress currently has in place do a sufficient job of protecting victims’ rights and ensuring transparency.in the process. Taxpayer funds should go toward lawmakers’ settlement payments.

Impact

Members of Congress and the employees of their office; the OOC; and Congress.

Cost of H.R. 4396

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Jackie Speier (D-CA) introduced this bill to prevent and respond to sexual harassment in Congress:

“In 1995, Congress created the Office of Congressional Compliance to protect itself from being exposed, and it has been remarkably successful. Twenty years later, 260 settlements and more than $15 million have permanently silenced victims of all types of workplace discrimination. Zero tolerance is meaningless unless it is backed up with enforcement and accountability. Today, I am proud that my colleagues in the House and the Senate, from both sides of the aisle, are joining me to end the era of impunity for disgraceful behavior and to protect the survivors.”

Original cosponsor Rep. Ryan Costello (R-PA) added:

“While many, if not most, Congressional offices, mine included, have policies in place regarding sexual harassment, this legislation will require annual sexual harassment training, and bring greater transparency and accountability to procedures for filing and investigating a complaint. It is appropriate for the federal government to lead on this issue. This bill is an important step forward in supporting a professional work environment, and I hope to see it signed into law.”

This legislation has the support of 109 bipartisan cosponsors in the House, including 93 Democrats and 16 Republicans.

Media:

• Sponsoring Rep. Jackie Speier (D-CA) Press Release
  
• Section-by-Section
  
• The Hill
  
• NPR
  
• Roll Call
  
• TIME
  
• Countable (Context)