Congress moves to revamp internal misconduct rules

WASHINGTON — Congress moved closer Wednesday to revamping its laws on sexual harassment and other workplace misconduct after Senate negotiators unveiled a compromise plan that would prohibit controversial taxpay- er-funded settlements.

Under the new proposal, lawmakers would be person- ally liable for any settlements from their own misconduct, similar to the version passed by the House in February, and it would eliminate the cumbersome, 90-day process that alleged staff victims cur- rently have to undergo before an administrative hearing.

The legislation, which could be approved in the Senate later this week, follows a monthslong reckoning on Capitol Hill about the bound- aries of behavior by members of Congress toward staff and other individuals.

Seven members of t he House and one senator — four Republicans, four Democrats — were forced into resignation or announced their intention to retire at the end of the year after revelations about sexual misconduct. In a couple of cases, the lawmaker used the existing law, the congres- sional Accountability Act of 1995, to engage in a private review that resulted in a taxpayer-funded settlement and required both parties to sign a nondisclosure agreement.

The exposure of those taxpayer payouts rocked Congress and compelled lawmak- ers in both parties to try to update the byzantine system of dealing with work- place misconduct, a process many said was set up to protect the lawmaker and intim- idate the victims.

“This involves major reforms to the process. This was a process that hasn’t changed for decades,” Sen. Amy Klobuchar, D-Minn., told reporters Tuesday.

Klobuchar and Sen. Roy Blunt, R-Mo., the top members of the Rules Committee, gave brief previews Tuesday of the deal they unveiled Wednesday.

On Capitol Hill, the political price of sexual misconduct claims has varied widely

On the House side alone, taxpayers funded nearly $950,000 worth of work- place settlements since the law went into affect more than 22 years ago, according to statistics provided by the House Administration Committee.

The new proposal does not require those lawmakers who used taxpayer funds previously to repay the funds, according to congressional aides.

For example, that means Blake Farenthold, a former Texas Republican who ini- tially promised to pay back the $84,000 settlement for his alleged misconduct, cannot be compelled to do so because he resigned earlier this year.

Some lawmakers used a dif- ferent process to tap taxpayer funds, resolving the dispute with staffers and then using their existing office accounts to pay out sexual harassment claims that were masked as severance pay.

Any lawmaker cau ght doing that in the future would have to pay back the funds personally or have the money withheld from their paychecks.

“The major reforms in this agreement will, first and foremost, strengthen protections for harassment victims. The agreement will also enhance accountability and prevent taxpayers from footing the bill for a member’s misconduct,” Blunt said Wednesday in a statement.

Senate leaders faced some criticism for dragging their feet in addressing an issue that exploded into public last fall, as the #MeToo movement roiled every industry from Hollywood to Silicon Valley to Washington.

Blunt and Klo b uchar briefed their respective caucuses on the proposal Tuesday, and if there are no objections, the legislation could clear the Senate on Thursday.

House leaders, who have been briefed on the small differences from their legislation, are reviewing the Senate version and would most likely approve the bill early next month.

‘The major reforms in this agreement will, first and foremost, strengthen protections for harassment victims. The agreement will also enhance accountability and prevent taxpayers from footing the bill for a member’s misconduct.’ Sen. Roy Blunt, R-Mo. Chairman of the Senate Rules Committee