Congress struggles to pass protections against sexual harassment on Capitol Hill

More than a year after the #MeToo movement exposed problems on Capitol Hill and across the nation, Congress is still struggling to pass legislation to bring more accountability to lawmakers’ own offices.

Top members, including Senate Majority Leader Mitch McConnell, have said they need to pass a bill by the end of this year to improve protections against sexual harassment, and to make lawmakers responsible for paying claims out of their own funds.

But the House and Senate appear to be snared in a disagreement over how far that accountability should go, with representatives saying no payouts for harassment and discrimination should be foisted on taxpayers. Senators say that’s fine for harassment, but they say discrimination payouts should still come from taxpayers’ funds.

Pressure is mounting, though, to break the logjam, and one House aide said it’s “realistic” to expect a final deal before the current Congress shuts down at the end of the year.

“Members and employees alike should be able to work free from sexual harassment or discrimination of any kind. The American public must also have confidence that we in Congress not only view these issues with the seriousness they demand — but that we are taking action,” all 10 members of the House ethics committee, split between Democrats and Republicans, wrote in a letter to congressional leaders demanding final votes.

The issue surged onto front pages late last year when Hollywood figures were being accused of sexual misconduct, and women detailed similar charges against male members of Congress.

A handful of lawmakers from both parties resigned or pledged to retire in the wake of the accusations — but not before it was revealed that taxpayers had footed the bill for tens of thousands of dollars of payouts in harassment and other member-misconduct cases.

House lawmakers from both parties rushed to take action, including releasing general information about the payouts and pushing accountability legislation.

Their bill, which passed by a voice vote Feb. 6, would force lawmakers to repay the government for workplace violation settlements, and would give the ethics committee access to records. The House bill would also allow the government to withhold money from retired lawmakers’ pension payments, ensuring they couldn’t duck their responsibilities by leaving Congress.

That was the case with former Rep. Blake Farenthold, who promised to repay $84,000 from a harassment settlement — then reneged after leaving office.

The Senate bill, passed on a voice vote in May, has less teeth, including limiting the claims for which members would have to repay the government.

“It’s very, very limited,” said Remington Gregg, counsel for the watchdog group Public Citizen.

He said the House bill also gives the Office of Compliance more power when investigating accusations of misconduct.

Vania Leveille, legislative counsel at the American Civil Liberties Union, echoed Mr. Gregg’s concerns, saying the Senate bill also gives the ethics committee a chance to decide whether claims should in fact be borne by taxpayers.

She also said the Senate bill eliminated legal support afforded to employees, where as the House bill included a resolution that would provide staff with legal assistance, putting them on equal footing as their boss.

“Victims are pretty much left to fend for themselves,” she said.

While the details are still being hashed, the impetus to get something passed appears to be real.

“We are working on getting that done before the end of the year,” Mr. McConnell vowed at a press conference earlier this month.

His commitment matters because earning floor time could be tricky, with few legislative days left, and with spending bills remaining undone and President Trump pushing for action on reforms to the criminal justice system.

Congress’s Office of Compliance said it paid eight settlements for workplace violations in 2017, totaling $934,754. It paid 14 settlements, totaling $573,754, in 2016.