[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4924 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
2d Session
H. R. 4924
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2018
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Congressional
Accountability Act of 1995 Reform Act''.
(b) References in Act.--Except as otherwise expressly provided,
whenever in this Act an amendment is expressed in terms of an amendment
to or repeal of a section or other provision, the reference shall be
considered to be made to that section or other provision of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; references in Act; table of contents.
TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES
Subtitle A--Reform of Procedures for Initiation, Investigation, and
Resolution of Claims
Sec. 101. Description of procedures available for consideration of
alleged violations.
Sec. 102. Reform of process for initiation of procedures.
Sec. 103. Investigation of claims by General Counsel.
Sec. 104. Availability of mediation during investigations.
Subtitle 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.
Sec. 112. Automatic referral to congressional ethics committees of
disposition of certain claims alleging
violations of Congressional Accountability
Act of 1995 involving Members of Congress
and senior staff.
Sec. 113. Availability of remote work assignment or paid leave of
absence during pendency of procedures.
Sec. 114. Modification of rules on confidentiality of proceedings.
Sec. 115. Reimbursement by other employing offices of legislative
branch of payments of certain awards and
settlements.
TITLE II--IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE
Sec. 201. Reports on claims, awards, and settlements.
Sec. 202. Workplace climate surveys of employing offices.
Sec. 203. Record retention.
Sec. 204. GAO study of management practices.
Sec. 205. GAO audit of cybersecurity.
TITLE III--MISCELLANEOUS REFORMS
Sec. 301. Extension to unpaid staff of rights and protections against
employment discrimination.
Sec. 302. Coverage of employees of Library of Congress.
Sec. 303. Clarification of coverage of employees of Helsinki and China
Commissions.
Sec. 304. Training and education programs of other employing offices.
Sec. 305. Renaming Office of Compliance as Office of Congressional
Workplace Rights.
TITLE IV--EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES
Subtitle A--Reform of Procedures for Initiation, Investigation, and
Resolution of Claims
SEC. 101. DESCRIPTION OF PROCEDURES AVAILABLE FOR CONSIDERATION OF
ALLEGED VIOLATIONS.
(a) Procedures Described.--Section 401 (2 U.S.C. 1401) is amended
to read as follows:
``SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.
``(a) Filing and Investigation of Claims.--Except as otherwise
provided, the procedure for consideration of an alleged violation of
part A of title II consists of--
``(1) the filing of a claim by the covered employee
alleging the violation, as provided in section 402;
``(2) an investigation of the claim, to be conducted by the
General Counsel as provided in section 403; and
``(3) a formal hearing as provided in section 405, subject
to Board review as provided in section 406, and judicial review
in the United States Court of Appeals for the Federal Circuit
as provided in section 407, but only if, pursuant to an
investigation conducted by the General Counsel as provided in
section 403, the General Counsel finds either--
``(A) that there is reasonable cause to believe
that the employing office involved committed a
violation of part A of title II as alleged in the
covered employee's claim; or
``(B) that the General Counsel cannot determine
whether or not there is reasonable cause to believe
that the employing office committed a violation of part
A of title II as alleged in the covered employee's
claim.
``(b) Right of Employee To File Civil Action.--
``(1) Civil action.--A covered employee who files a claim
as provided in section 402 may, during the period described in
paragraph (3), file a civil action in a District Court of the
United States with respect to the alleged violation involved,
as provided in section 408.
``(2) Effect of filing civil action.--Notwithstanding
paragraph (2) or paragraph (3) of subsection (a), if the
covered employee files such a civil action--
``(A) the investigation of the claim by the General
Counsel as provided in section 403, or any subsequent
formal hearing as provided in section 405, shall
terminate upon the filing of the action by the covered
employee; and
``(B) the procedure for consideration of the
alleged violation shall not include any further
investigation of the claim by the General Counsel as
provided in section 403 or any subsequent formal
hearing as provided in section 405.
``(3) Period for filing civil action.--The period described
in this paragraph with respect to a claim is the 45-day period
which begins on the date the covered employee files the claim
under section 402.
``(4) Special rule for employees receiving finding of no
reasonable cause under investigation by general counsel.--
Notwithstanding paragraph (3), if a covered employee receives a
written notice from the General Counsel under section 403(c)(3)
that the employee has the right to file a civil action with
respect to the claim in accordance with section 408, the
covered employee may file the civil action not later than 90
days after receiving such written notice.
``(c) Special Rule for Architect of the Capitol and Capitol
Police.--In the case of an employee of the Office of the Architect of
the Capitol or of the Capitol Police, the Office, after receiving a
claim filed under section 402, may recommend that the employee use the
grievance procedures of the Architect of the Capitol or the Capitol
Police for resolution of the employee's grievance for a specific period
of time.
``(d) Rights of Parties To Retain Private Counsel.--Nothing in this
title may be construed to limit the authority of any individual,
including a covered employee, the head of an employing office, or an
individual who is alleged to have personally committed an act which
consists of a violation of part A of title II to retain counsel to
protect the interests of the individual at any point during any of the
procedures provided under this title for the consideration of an
alleged violation of part A of title II, including as provided under
section 415(d)(7) with respect to Members of the House of
Representatives and Senators.
``(e) Standards for Counsel Providing Representation.--Any counsel
who represents a party in any of the procedures provided under this
title shall have an obligation to ensure that, to the best of the
counsel's knowledge, information, and belief, as formed after an
inquiry which is reasonable under the circumstances, each of the
following is correct:
``(1) No pleading, written motion, or other paper is
presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of
resolution of the matter.
``(2) The claims, defenses, and other legal contentions the
counsel advocates are warranted by existing law or by a
nonfrivolous argument for extending, modifying, or reversing
existing law or for establishing new law.
``(3) The factual contentions have evidentiary support or,
if specifically so identified, will likely have evidentiary
support after a reasonable opportunity for further
investigation or discovery.
``(4) The denials of factual contentions are warranted on
the evidence or, if specifically so identified, are reasonably
based on belief or a lack of information.''.
(b) Conforming Amendment Relating to Civil Action.--Section 408 (2
U.S.C. 1408) is amended--
(1) by striking ``section 404'' and inserting ``section
401'';
(2) by striking ``who has completed counseling under
section 402 and mediation under section 403''; and
(3) by striking the second sentence.
(c) Other Conforming Amendments.--Title IV is amended--
(1) by striking section 404 (2 U.S.C. 1404); and
(2) by redesignating section 403 (2 U.S.C. 1403) as section
404.
(d) Clerical Amendments.--The table of contents is amended--
(1) by striking the item relating to section 404; and
(2) by redesignating the item relating to section 403 as
relating to section 404.
SEC. 102. REFORM OF PROCESS FOR INITIATION OF PROCEDURES.
(a) Initiation of Procedures.--Section 402 (2 U.S.C. 1402) is
amended to read as follows:
``SEC. 402. INITIATION OF PROCEDURES.
``(a) Intake of Claim by Office.--To commence a proceeding under
this title, a covered employee alleging a violation of law made
applicable under part A of title II shall file a claim with the Office.
The claim shall be made in writing under oath or affirmation, and shall
be in such form as the Office requires.
``(b) Initial Processing of Claim.--
``(1) Intake and recording; notification to employing
office.--Upon the filing of a claim by a covered employee under
subsection (a), the Office shall take such steps as may be
necessary for the initial intake and recording of the claim,
including providing the employee with all relevant information
with respect to the rights of the employee under this title,
and shall notify the head of the employing office of the claim.
``(2) Special notification requirements for claims based on
acts committed personally by members of congress.--
``(A) In general.--In the case of a claim alleging
a violation described in subparagraph (B) which
consists of an act committed personally by an
individual who, at the time of committing the act, was
a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) or a
Senator, upon the filing of the claim under subsection
(a), the Office shall notify such individual of the
claim, the possibility that the individual may be
required to reimburse the account described in section
415(a) for the amount of any award or settlement in
connection with the claim, and the right of the
individual under section 415(d)(7) to intervene in any
mediation, hearing, or civil action under this title
with respect to the claim.
``(B) Violations described.--A violation described
in this subparagraph is--
``(i) a violation of section 201(a); or
``(ii) a violation of section 207 which
consists of intimidating, taking reprisal
against, or otherwise discriminating against
any covered employee because the covered
employee has opposed any practice made unlawful
by section 201(a).
``(c) Use of Electronic Reporting and Tracking System.--
``(1) Establishment and operation of system.--The Office
shall establish and operate an electronic reporting system
through which a covered employee may initiate a proceeding
under this title, and which will keep an electronic record of
the date and time at which the proceeding is initiated and will
track all subsequent actions or proceedings occurring with
respect to the proceeding under this title.
``(2) Accessibility to all parties.--The system shall be
accessible to all parties to such actions or proceedings, but
only until the completion of such actions or proceedings.
``(3) Assessment of effectiveness of procedures.--The
Office shall use the information contained in the system to
make regular assessments of the effectiveness of the procedures
under this title in providing for the timely resolution of
claims, and shall submit semi-annual reports on such
assessments each year to the Committee on House Administration
of the House of Representatives and the Committee on Rules and
Administration of the Senate.
``(d) Deadline.--A covered employee may not file a claim under this
section with respect to an allegation of a violation of law after the
expiration of the 180-day period which begins on the date of the
alleged violation.
``(e) No Effect on Ability of Covered Employee To Seek Information
From Office or Pursue Relief.--Nothing in this section may be construed
to limit the ability of a covered employee--
``(1) to contact the Office or any other appropriate office
prior to filing a claim under this section to seek information
regarding the employee's rights under this Act and the
procedures available under this title;
``(2) in the case of a covered employee of an employing
office of the House of Representatives or Senate, to refer
information regarding an alleged violation of part A of title
II to the Committee on Ethics of the House of Representatives
or the Select Committee on Ethics of the Senate (as the case
may be); or
``(3) to file a civil action in accordance with section
401(b).''.
(b) Clerical Amendment.--The table of contents is amended by
amending the item relating to section 402 to read as follows:
``Sec. 402. Initiation of procedures.''.
SEC. 103. INVESTIGATION OF CLAIMS BY GENERAL COUNSEL.
(a) Investigations Described.--Title IV (2 U.S.C. 1401 et seq.), as
amended by section 101(b), is further amended by inserting after
section 402 the following new section:
``SEC. 403. INVESTIGATION OF CLAIMS.
``(a) Investigation.--Upon the completion of the initial processing
of a claim under section 402(b), the General Counsel shall conduct an
investigation of the claim involved.
``(b) Subpoenas.--To carry out an investigation under this section,
the General Counsel may issue subpoenas in the same manner, and subject
to the same terms and conditions, as a hearing officer may issue
subpoenas to carry out discovery with respect to a hearing under
section 405, except that the General Counsel may issue such a subpoena
on the General Counsel's own initiative, without regard to whether or
not a party requests that the General Counsel issue the subpoena. It is
the sense of Congress that the General Counsel should issue subpoenas
under this subsection only to the extent that other methods of
obtaining information with respect to an investigation are insufficient
to enable the General Counsel to conclude the investigation within the
deadline described in subsection (e).
``(c) Report; Findings.--
``(1) Report.--Upon concluding an investigation of a claim
under this section, the General Counsel shall transmit a
written report on the results of the investigation to the
covered employee and the employing office involved.
``(2) Inclusion of findings.--The General Counsel shall
include in the report transmitted under paragraph (1) one of
the following findings:
``(A) A finding that there is reasonable cause to
believe that the employing office committed a violation
of part A of title II, as alleged in the covered
employee's claim.
``(B) A finding that there is no reasonable cause
to believe that the employing office committed a
violation of part A of title II, as alleged in the
covered employee's claim.
``(C) A finding that the General Counsel cannot
determine whether or not there is reasonable cause to
believe that the employing office committed a violation
of part A of title II, as alleged in the covered
employee's claim.
``(3) Notice of right to file civil action.--If the General
Counsel transmits a finding under subparagraph (B) of paragraph
(2), the General Counsel shall also transmit to the covered
employee a written notice that the employee has the right to
file a civil action with respect to the claim under section
408.
``(4) Transmission to executive director.--If the General
Counsel transmits a finding under subparagraph (A) or
subparagraph (C) of paragraph (2), the General Counsel shall
also transmit the report to the Executive Director.
``(5) Transmission of report on investigation of certain
claims to congressional ethics committees.--
``(A) In general.--In the case of a report
furnished by the General Counsel under paragraph (1) on
the results of an investigation of a claim alleging a
violation described in subparagraph (B) which consists
of an act committed personally by a Member of the House
of Representatives (including a Delegate or Resident
Commissioner to the Congress) or a Senator, the General
Counsel shall transmit the report to--
``(i) the Committee on Ethics of the House
of Representatives, in the case of a Member of
the House (including a Delegate or Resident
Commissioner to the Congress); or
``(ii) the Select Committee on Ethics of
the Senate, in the case of a Senator.
``(B) Violations described.--A violation described
in this subparagraph is--
``(i) a violation of section 201(a); or
``(ii) a violation of section 207 which
consists of intimidating, taking reprisal
against, or otherwise discriminating against
any covered employee because the covered
employee has opposed any practice made unlawful
by section 201(a).
``(d) Recommendation of Mediation.--At any time during the
investigation of a claim under this section, the General Counsel may
make a recommendation that the covered employee and the employing
office pursue mediation under section 404 with respect to the claim.
``(e) Deadline for Concluding Investigation.--The General Counsel
shall conclude the investigation of a claim under this subsection, and
transmit the report on the results of the investigation, not later than
90 days after the claim is filed under section 402, except that the
General Counsel may (upon notice to the parties to the investigation)
use an additional period of not to exceed 30 days to conclude the
investigation.''.
(b) Conforming Amendments Relating to Hearings Conducted by Office
of Compliance.--Section 405 (2 U.S.C. 1405) is amended as follows:
(1) In the heading, by striking ``complaint and''.
(2) By amending subsection (a) to read as follows:
``(a) Requirement for Office To Conduct Hearings.--
``(1) Hearing required upon certain findings by general
counsel.--
``(A) In general.--If the General Counsel transmits
to the Executive Director a report on the investigation
of a claim under section 403 which includes a finding
described in subparagraph (B), the Office shall conduct
a hearing to consider the claim and render a decision.
``(B) Findings described.--A finding described in
this subparagraph is--
``(i) a finding under section 403(c)(2)(A)
that there is reasonable cause to believe that
an employing office committed a violation of
part A of title II, as alleged in a claim filed
by a covered employee; or
``(ii) a finding under section 403(c)(2)(C)
that the General Counsel cannot determine
whether or not there is reasonable cause to
believe that the employing office committed a
violation of part A of title II, as alleged in
the covered employee's claim.''.
(3) In subsection (c)(1), by striking ``complaint'' and
inserting ``claim''.
(4) In subsection (d) in the matter preceding paragraph
(1), by striking ``complaint'' and inserting ``claim''.
(5) In subsection (d)(2), by striking ``no later than 60
days after filing of the complaint'' and inserting ``no later
than 60 days after the Executive Director receives the General
Counsel's report on the investigation of the claim''.
(6) In subsection (g), by striking ``complaint'' and
inserting ``claim''.
(c) Other Conforming Amendment.--The heading of section 414 (2
U.S.C. 1414) is amended by striking ``of complaints''.
(d) Clerical Amendments.--The table of contents, as amended by
section 101(c), is further amended as follows:
(1) By inserting after the item relating to section 402 the
following new item:
``Sec. 403. Investigation of claims.''.
(2) By amending the item relating to section 405 to read as
follows:
``Sec. 405. Hearing.''.
(3) By amending the item relating to section 414 to read as
follows:
``Sec. 414. Settlement.''.
SEC. 104. AVAILABILITY OF MEDIATION DURING INVESTIGATIONS.
(a) Option To Request Mediation.--Section 404(a) (2 U.S.C.
1404(a)), as redesignated by section 101(c), is amended to read as
follows:
``(a) Availability of Mediation During Investigation.--At any time
during the investigation of a covered employee's claim under section
403, the covered employee and the employing office may jointly file a
request for mediation with the Office.''.
(b) Period of Mediation.--The second sentence of section 404(c) (2
U.S.C. 1404(c)), as redesignated by section 101(c), is amended to read
as follows: ``The mediation period may be extended for one additional
period of 30 days at the joint request of the covered employee and
employing office.''.
(c) Requiring Parties To Be Separated During Mediation at Request
of Employee.--Section 404(b)(2) (2 U.S.C. 1404(b)(2)), as redesignated
by section 101(c), is amended by striking ``meetings with the parties
separately or jointly'' and inserting ``meetings with the parties
during which, at the request of the covered employee, the parties shall
be separated,''.
Subtitle 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.
(a) Mandating Reimbursement of Amounts Paid.--Section 415 (2 U.S.C.
1415) is amended by adding at the end the following new subsection:
``(d) Reimbursement by Members of Congress of Amounts Paid as
Settlements and Awards.--
``(1) Reimbursement required for certain violations.--
``(A) In general.--If a payment is made from the
account described in subsection (a) for an award or
settlement in connection with a claim alleging a
violation described in subparagraph (B) which consists
of an act committed personally by an individual who, at
the time of committing the act, was a Member of the
House of Representatives (including a Delegate or
Resident Commissioner to the Congress) or a Senator,
the individual shall reimburse the account for the
amount of the award or settlement.
``(B) Violations described.--A violation described
in this subparagraph is--
``(i) a violation of section 201(a); or
``(ii) a violation of section 207 which
consists of intimidating, taking reprisal
against, or otherwise discriminating against
any covered employee because the covered
employee has opposed any practice made unlawful
by section 201(a).
``(2) Withholding amounts from salary.--
``(A) Establishment of timetable and procedures by
committees.--For purposes of carrying out subparagraph
(B), the applicable Committee shall establish a
timetable and procedures for the withholding of amounts
from the compensation of an individual who is a Member
of the House of Representatives or a Senator.
``(B) Deadline.--The payroll administrator shall
withhold from an individual's compensation and transfer
to the account described in subsection (a) (after
transferring any amounts to the account of the
individual in the Thrift Savings Fund) such amounts as
may be necessary to reimburse the account for the
payment of an award or settlement described in
paragraph (1) if the individual has not reimbursed the
account as required under paragraph (1) prior to the
expiration of the 90-day period which begins on the
date a payment is made from the account for such an
award or settlement.
``(C) Applicable committee defined.--In this
paragraph, the `applicable Committee' means--
``(i) the Committee on House Administration
of the House of Representatives, in the case of
an individual who, at the time of the
withholding, is a Member of the House; or
``(ii) the Committee on Rules and
Administration of the Senate, in the case of an
individual who, at the time of the withholding,
is a Senator.
``(3) Use of amounts in thrift savings fund as source of
reimbursement.--
``(A) In general.--If, by the expiration of the
180-day period which begins on the date a payment is
made from the account described in subsection (a) for
an award or settlement described in paragraph (1), an
individual who is a Member of the House of
Representatives or a Senator has not reimbursed the
account as required under paragraph (1), the Executive
Director of the Federal Retirement Thrift Investment
Board shall make a transfer, from the account of the
individual in the Thrift Savings Fund to the account
described in subsection (a), of an amount equal to the
award or settlement (reduced by any amount the
individual has reimbursed, taking into account any
amounts withheld under paragraph (2)).
``(B) Initiation of transfer.--Notwithstanding
section 8435 of title 5, United States Code, the
Executive Director shall make the transfer under
subparagraph (A) upon receipt of a written request to
the Executive Director from the Secretary of the
Treasury, in the form and manner required by the
Executive Director, without the consent of the
individual or the individual's spouse or former spouse
(as the case may be).
``(4) Notification to office of personnel management and
secretary of the treasury.--If, at the time an individual is
first no longer receiving compensation as a Member or a
Senator, the amounts withheld under this subsection have not
been sufficient to reimburse the account described in
subsection (a) for an award or settlement described in
paragraph (1), the payroll administrator--
``(A) shall notify the Director of the Office of
Personnel Management, who shall take such actions as
the Director considers appropriate to withhold from any
annuity payable to the individual under chapter 83 or
chapter 84 of title 5, United States Code, and transfer
to the account described in subsection (a), such
amounts as may be necessary to reimburse the account
for the payment; and
``(B) shall notify the Secretary of the Treasury,
who (if necessary), notwithstanding section 207 of the
Social Security Act (42 U.S.C. 407), shall take such
actions as the Secretary of the Treasury considers
appropriate to withhold from any payment to the
individual under title II of the Social Security Act
and transfer to the account described in subsection
(a), such amounts as may be necessary to reimburse the
account for the payment.
``(5) Coordination between opm and treasury.--The Director
of the Office of Personnel Management and the Secretary of the
Treasury shall carry out paragraph (4) in a manner that ensures
the coordination of the withholding and transferring of amounts
under such paragraph, in accordance with regulations
promulgated by the Director and the Secretary.
``(6) Payroll administrator defined.--In this section, the
term `payroll administrator' means--
``(A) in the case of an individual who is a Member
of the House of Representatives, the Chief
Administrative Officer of the House of Representatives,
or an employee of the Office of the Chief
Administrative Officer who is designated by the Chief
Administrative Officer to carry out this subsection; or
``(B) in the case of an individual who is a
Senator, the Secretary of the Senate, or an employee of
the Office of the Secretary of the Senate who is
designated by the Secretary to carry out this
subsection.
``(7) Right to intervene.--An individual who is subject to
the reimbursement requirement of this subsection shall have the
right to intervene in any mediation, hearing, or civil action
under this title to the extent necessary to protect the
interests of the individual in the determination of whether an
award or settlement described in paragraph (1) should be made,
and the amount of any such award or settlement, except that
nothing in this paragraph may be construed to require the
covered employee who filed the claim to be deposed by counsel
for the individual in a deposition which is separate from any
other deposition taken from the employee in connection with the
hearing or civil action.''.
(b) Conforming Amendment Relating to Thrift Savings Fund.--Section
8437(e) of title 5, United States Code, is amended by striking ``or an
obligation'' and inserting the following: ``an obligation of the
Executive Director to make a transfer under section 415(d)(3) of the
Congressional Accountability Act of 1995, or an obligation''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply with respect to payments made on or after the date of the
enactment of this Act.
SEC. 112. AUTOMATIC REFERRAL TO CONGRESSIONAL ETHICS COMMITTEES OF
DISPOSITION OF CERTAIN CLAIMS ALLEGING VIOLATIONS OF
CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 INVOLVING
MEMBERS OF CONGRESS AND SENIOR STAFF.
Section 416(e) (2 U.S.C. 1416(d)) is amended to read as follows:
``(e) Automatic Referrals to Congressional Ethics Committees of
Dispositions of Claims Involving Members of Congress and Senior
Staff.--
``(1) Referral.--Upon the final disposition under this
title (as described in paragraph (4)) of a claim alleging a
violation described in section 415(d)(1)(B) which consists of
an act committed personally by a Member of the House of
Representatives (including a Delegate or Resident Commissioner
to the Congress) or a Senator, or by a senior staff of an
employing office of the House of Representatives or Senate, the
Executive Director shall refer the claim to--
``(A) the Committee on Ethics of the House of
Representatives, in the case of a Member or senior
staff of the House (including a Delegate or Resident
Commissioner to the Congress); or
``(B) the Select Committee on Ethics of the Senate,
in the case of a Senator or senior staff of the Senate.
``(2) Access to records and information.--If the Executive
Director refers a claim to a Committee under paragraph (1), the
Executive Director shall provide the Committee with access to
the records of any investigations, hearings, or decisions of
the hearing officers and the Board under this title, and any
information relating to an award or settlement paid, in
response to such claim.
``(3) Protection of personally identifiable information.--
If a Committee to which a claim is referred under paragraph (1)
issues a report with respect to the claim, the Committee shall
ensure that the report does not directly disclose the identity
or position of the individual who filed the claim.
``(4) Final disposition described.--In this subsection, the
`final disposition' of a claim means any of the following:
``(A) An order or agreement to pay an award or
settlement, including an agreement reached pursuant to
mediation under section 404.
``(B) A final decision of a hearing officer under
section 405(g).
``(C) A final decision of the Board under section
406(e).
``(D) A final decision in a civil action under
section 408.
``(5) Senior staff defined.--In this subsection, the term
`senior staff' means any individual who, at the time a
violation occurred, was required to file a report under title I
of the Ethics in Government Act of 1978 (5 U.S.C. App. 101 et
seq.).''.
SEC. 113. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID LEAVE OF
ABSENCE DURING PENDENCY OF PROCEDURES.
(a) In General.--Title IV (2 U.S.C. 1401 et seq.) is amended by
adding at the end the following new section:
``SEC. 417. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID LEAVE OF
ABSENCE DURING PENDENCY OF PROCEDURES.
``(a) Options for Employees.--
``(1) Remote work assignment.--At the request of a covered
employee who files a claim alleging a violation of part A of
title II by the covered employee's employing office, during the
pendency of any of the procedures available under this title
for consideration of the claim, the employing office may permit
the covered employee to carry out the employee's
responsibilities from a remote location instead of from the
location of the employing office.
``(2) Exception for work assignments required to be carried
out onsite.--If, in the determination of the covered employee's
employing office, a covered employee who makes a request under
this subsection cannot carry out the employee's
responsibilities from a remote location, the employing office
may grant paid leave of absence to a covered employee during
the pendency of the procedures available under this title for
the covered employee.
``(3) Ensuring no retaliation.--An employing office may not
grant a covered employee's request under this subsection in a
manner which would constitute reprisal or retaliation under
section 207.
``(b) Exception for Arrangements Subject to Collective Bargaining
Agreements.--Subsection (a) does not apply to the extent that it is
inconsistent with the terms and conditions of any collective bargaining
agreement which is in effect with respect to an employing office.''.
(b) Clerical Amendment.--The table of contents is amended by adding
at the end of the items relating to tile IV the following new item:
``Sec. 417. Availability of remote work assignment or paid leave of
absence during pendency of procedures.''.
SEC. 114. MODIFICATION OF RULES ON CONFIDENTIALITY OF PROCEEDINGS.
(a) Claims and Investigations.--Section 416(a) (2 U.S.C. 1416(a))
is amended to read as follows:
``(a) Claims and Investigations.--The filing of a claim under
section 402 and any investigation of a claim under section 403 shall be
confidential. Nothing in this subsection may be construed to prohibit a
covered employee or an employing office from disclosing any information
related to the claim (including information related to the defense of
the claim) in the course of any proceeding under this title.''.
(b) Mediation.--Section 416(b) (2 U.S.C. 1416(b)) is amended by
striking ``All mediation'' and inserting ``All information discussed or
disclosed in the course of any mediation''.
SEC. 115. REIMBURSEMENT BY OTHER EMPLOYING OFFICES OF LEGISLATIVE
BRANCH OF PAYMENTS OF CERTAIN AWARDS AND SETTLEMENTS.
(a) Requiring Reimbursement.--Section 415 (2 U.S.C. 1415), as
amended by section 111, is further amended by adding at the end the
following new subsection:
``(e) Reimbursement by Employing Offices.--
``(1) Notification of payments made from account.--As soon
as practicable after the Executive Director is made aware that
a payment of an award or settlement under this chapter has been
made from the account described in subsection (a) in connection
with a claim alleging a violation of section 201(a) by an
employing office (other than an employing office of the House
of Representatives or an employing office of the Senate), the
Executive Director shall notify the head of the employing
office that the payment has been made, and shall include in the
notification a statement of the amount of the payment.
``(2) Reimbursement by office.--Not later than 180 days
after receiving a notification from the Executive Director
under paragraph (1), the head of the employing office involved
shall transfer to the account described in subsection (a), out
of any funds available for operating expenses of the office, a
payment equal to the amount specified in the notification.
``(3) Timetable and procedures for reimbursement.--The head
of an employing office shall transfer a payment under paragraph
(2) in accordance with such timetable and procedures as may be
established under regulations promulgated by the Office.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to payments made under section 415 of the
Congressional Accountability Act of 1995 on or after the date of the
enactment of this Act.
TITLE II--IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE
SEC. 201. REPORTS ON CLAIMS, AWARDS, AND SETTLEMENTS.
(a) Semiannual Reports on Claims, Awards, and Settlements.--
(1) Requiring submission and publication of reports.--
Section 301 (2 U.S.C. 1381) is amended by adding at the end the
following new subsection:
``(l) Semiannual Reports on Claims, Awards, and Settlements.--
``(1) In general.--Not later than 45 days after the first
6-month period of each calendar year, and not later than 45
days after the next 6-month period of each calendar year, the
Office shall submit to Congress and publish on the Office's
public website a report listing each award or settlement which
was paid during the previous year from the account described in
section 415(a) as the result of a claim alleging a violation of
part A of title II, including the employing office involved,
the amount of the award or settlement, the provision of part A
of title II which was the subject of the claim, and (in the
case of an award or settlement resulting from a violation
described in section 415(d)(1)(B) which was committed
personally by a Member or former Member of Congress), whether
the Member or former Member is in compliance with the
requirement of section 415(d) to reimburse the account for the
amount of the award or settlement.
``(2) Protection of identity of individuals receiving
awards and settlements.--In preparing and submitting the
reports required under paragraph (1), the Office shall ensure
that the identity or position of any individual who received an
award or settlement, or who made an allegation of a violation
against an employing office, is not disclosed.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to 2018 and each succeeding year.
(b) Report on Amounts Previously Paid.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Office of Compliance shall
submit to Congress and make available to the public on the
Office's public website a report on all payments made with
public funds prior to the date of the enactment of this Act for
awards and settlements in connection with violations of section
201(a)(1) of the Congressional Accountability Act of 1995, and
shall include in the report the following information:
(A) The amount paid for each such award or
settlement.
(B) The source of the public funds used for the
award or settlement, without regard to whether the
funds were paid from the account described in section
415(a) of such Act (2 U.S.C. 1415(a)), an account of
the House of Representatives or Senate, or any other
account of the Federal Government.
(2) Rule of construction regarding identification of house
and senate accounts.--Nothing in paragraph (1)(B) may be
construed to require or permit the Office to report the account
of any specific office of the House of Representatives or
Senate as the source of funds used for an award or settlement.
SEC. 202. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES.
(a) Requiring Surveys.--Title III (2 U.S.C. 1381 et seq.) is
amended by adding at the end the following new section:
``SEC. 307. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES.
``(a) Requirement To Conduct Surveys.--Not later than 1 year after
the date of the enactment of this section, and every 2 years
thereafter, the Office shall conduct a survey of employing offices
under this Act regarding the workplace environment of such offices.
``(b) Special Inclusion of Information on Sexual Harassment.--In
each survey conducted under this section, the Office shall survey
respondents on attitudes regarding sexual harassment.
``(c) Methodology.--
``(1) In general.--The Office shall conduct each survey
under this section in accordance with methodologies established
by the Office.
``(2) Confidentiality.--Under the methodologies established
under paragraph (1), all responses to all portions of the
survey shall be anonymous and confidential, and each respondent
shall be told throughout the survey that all responses shall be
anonymous and confidential.
``(d) Use of Results of Surveys.--The Office shall furnish the
information obtained from the surveys conducted under this section to
the Committee on House Administration of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate.
``(e) Consultation With Committees.--The Office shall carry out
this section, including establishment of methodologies and procedures
under subsection (c), in consultation with the Committee on House
Administration of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate.
``(f) Inclusion of Library of Congress.--For purposes of this
section, the Library of Congress shall be considered an employing
office.''.
(b) Clerical Amendment.--The table of contents is amended by adding
at the end of the items relating to title III the following new item:
``Sec. 307. Workplace climate surveys of employing offices.''.
SEC. 203. RECORD RETENTION.
Section 301 (2 U.S.C. 1381), as amended by section 201(a), is
further amended by adding at the end the following new subsection:
``(m) Record Retention.--The Office shall establish and maintain a
program for the permanent retention of its records, including the
records of investigations, mediations, hearings, and other proceedings
conducted under title IV.''.
SEC. 204. GAO STUDY OF MANAGEMENT PRACTICES.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the management practices of the Office of
Compliance.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the study conducted under
subsection (a), and shall include in the report such recommendations as
the Comptroller General considers appropriate for improvements to the
management practices of the Office of Compliance.
SEC. 205. GAO AUDIT OF CYBERSECURITY.
(a) Audit.--The Comptroller General of the United States shall
conduct an audit of the cybersecurity systems and practices of the
Office of Compliance.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the audit conducted under
subsection (a), and shall include in the report such recommendations as
the Comptroller General considers appropriate for improvements to the
cybersecurity systems and practices of the Office of Compliance.
TITLE III--MISCELLANEOUS REFORMS
SEC. 301. EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS AGAINST
EMPLOYMENT DISCRIMINATION.
(a) Extension.--Section 201 (2 U.S.C. 1311) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Application to Unpaid Staff.--
``(1) In general.--Subsections (a) and (b) shall apply with
respect to any staff of an employing office who carry out
official duties of the employing office but who are not paid by
the employing office for carrying out such duties, including an
intern (including an applicant for an internship and a former
intern), an individual detailed to an employing office, and an
individual participating in a fellowship program, in the same
manner and to the same extent as such subsections apply with
respect to an employee.
``(2) Rule of construction.--Nothing in paragraph (1) may
be construed to extend liability for a violation of subsection
(a) to an employing office on the basis of an action taken by
any person who is not under the supervision or control of the
employing office.
``(3) Intern defined.--The term `intern' means an
individual who performs service for an employing office which
is uncompensated by the United States to earn credit awarded by
an educational institution or to learn a trade or occupation,
and includes any individual participating in a page program
operated by any House of Congress.''.
(b) Technical Correction Relating to Office Responsible for
Disbursement of Pay to House Employees.--Section 101(7) (2 U.S.C.
1301(7)) is amended by striking ``disbursed by the Clerk of the House
of Representatives'' and inserting ``disbursed by the Chief
Administrative Officer of the House of Representatives''.
SEC. 302. COVERAGE OF EMPLOYEES OF LIBRARY OF CONGRESS.
(a) Coverage for Purposes of Protections Against Workplace
Discrimination.--Section 201 (2 U.S.C. 1311), as amended by section
301(a), is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Coverage of Library of Congress.--For purposes of this
section--
``(1) the Library of Congress shall be considered an
employing office; and
``(2) the employees of the Library of Congress shall be
considered covered employees.''.
(b) Availability of Alternative Grievance Procedures.--Section 401
(2 U.S.C. 1401), as amended by section 101(a), is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Special Rule for Library of Congress.--In the case of an
employee of the Library of Congress, the employee may use the
alternative grievance procedures of the Library of Congress instead of
the procedures under this title for consideration and resolution of an
alleged violation of part A of title II, except that if the employee
files a claim as provided in section 402 with respect to the alleged
violation, the employee may not use any of such alternative grievance
procedures for consideration and resolution of the alleged
violation.''.
(c) Other Conforming Amendments.--
(1) Civil rights act of 1964.--Section 717(a) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16(a)) is amended by
striking ``Smithsonian Institution'' and all that follows
through ``Library of Congress'' and inserting the following:
``Smithsonian Institution, and in the Government Publishing
Office and the Government Accountability Office''.
(2) Age discrimination in employment act of 1967.--Section
15 of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a) is amended--
(A) in subsection (a), by striking ``Smithsonian
Institution'' and all that follows through ``Library of
Congress'' and inserting the following: ``Smithsonian
Institution, and in the Government Publishing Office
and the Government Accountability Office''; and
(B) in subsection (b), by striking the last
sentence.
(3) Americans with disabilities act of 1990.--Section 510
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12209) is amended--
(A) by amending the matter preceding paragraph (1)
to read as follows: ``The Government Accountability
Office and the Government Publishing Office shall be
covered as follows:''; and
(B) in paragraph (4), by striking ``means the
following'' and all that follows and inserting the
following: ``means the following: the Government
Accountability Office and the Government Publishing
Office.''.
(d) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall apply with respect to claims alleging violations of part
A of title II of the Congressional Accountability Act of 1995
which are first made on or after the date of the enactment of
this Act.
(2) Treatment of pending claims under existing
procedures.--If, as of the date of the enactment of this Act,
an employee of the Library of Congress has or could have filed
a charge or complaint pursuant to procedures of the Library of
Congress which were available to the employee prior to such
date for the resolution of a claim alleging a violation of a
provision of law made applicable to the Library under section
201(a) of the Congressional Accountability Act of 1995
(including procedures applicable pursuant to a collective
bargaining agreement), the employee may complete, or initiate
and complete, all such procedures, and such procedures shall
remain in effect with respect to, and provide the exclusive
procedures for, that charge or complaint until the completion
of all such procedures.
SEC. 303. CLARIFICATION OF COVERAGE OF EMPLOYEES OF HELSINKI AND CHINA
COMMISSIONS.
(a) Clarification of Coverage.--Section 101 (2 U.S.C. 1301) is
amended--
(1) by striking ``Except as otherwise'' and inserting ``(a)
In General.--Except as otherwise''; and
(2) by adding at the end the following new subsection:
``(b) Clarification of Coverage of Employees of Certain
Commissions.--
``(1) Coverage.--With respect to the China Review
Commission, the Congressional-Executive China Commission, and
the Helsinki Commission--
``(A) any individual who is an employee of such
Commission shall be considered a covered employee for
purposes of this Act; and
``(B) the Commission shall be considered an
employing office for purposes of this Act.
``(2) Authority to provide legal assistance and
representation.--Subject to paragraph (3), legal assistance and
representation under this Act, including assistance and
representation with respect to the proposal or acceptance of
the disposition of a claim under this Act, shall be provided to
the China Review Commission, the Congressional-Executive China
Commission, and the Helsinki Commission--
``(A) by the House Employment Counsel of the House
of Representatives, in the case of assistance and
representation in connection with a claim filed under
title IV (including all subsequent proceedings under
such title in connection with the claim) at a time when
the chair of the Commission is a Member of the House;
or
``(B) by the Senate Chief Counsel for Employment of
the Senate, in the case of assistance and
representation in connection with a claim filed under
title IV (including all subsequent proceedings under
such title in connection with the claim) at a time when
the chair of the Commission is a Senator.
``(3) Definitions.--In this subsection--
``(A) the term `China Review Commission' means the
United States-China Economic and Security Review
Commission established under section 1238 of the Floyd
D. Spence National Defense Authorization Act of 2001
(Public Law 106-398; 22 U.S.C. 7002);
``(B) the term `Congressional-Executive China
Commission' means the Congressional-Executive
Commission on the People's Republic of China
established under title III of the U.S.-China Relations
Act of 2000 (Public Law 106-286; 22 U.S.C. 6911 et
seq.); and
``(C) the term `Helsinki Commission' means the
Commission on Security and Cooperation in Europe
established under the Act entitled `An Act to establish
a Commission on Security and Cooperation in Europe'
(Public Law 94-304; 22 U.S.C. 3001 et seq.).''.
(b) Coverage of Stennis Center.--
(1) Treatment of employees as covered employees.--Section
101(3) (2 U.S.C. 1301(3)) is amended--
(A) by striking ``or'' at the end of subparagraph
(H);
(B) by striking the period at the end of
subparagraph (I) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(J) the John C. Stennis Center for Public Service
Training and Development.''.
(2) Treatment of center as employing office.--Section
101(9)(D) (2 U.S.C. 1301(9)(D)) is amended by striking ``and
the Office of Technology Assessment'' and inserting the
following: ``the Office of Technology Assessment, and the John
C. Stennis Center for Public Service Training and
Development''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Congressional
Accountability Act of 1995.
SEC. 304. TRAINING AND EDUCATION PROGRAMS OF OTHER EMPLOYING OFFICES.
(a) Requiring Offices To Develop and Implement Programs.--Title V
(2 U.S.C. 1431 et seq.) is amended--
(1) by redesignating section 509 as section 510; and
(2) by inserting after section 508 the following new
section:
``SEC. 509. TRAINING AND EDUCATION PROGRAMS OF EMPLOYING OFFICES.
``(a) Requiring Offices To Develop and Implement Programs.--Each
employing office shall develop and implement a program to train and
educate covered employees of the office in the rights and protections
provided under this Act, including the procedures available under title
IV to consider alleged violations of this Act.
``(b) Report to Committees.--
``(1) In general.--Not later than 45 days after the
beginning of each Congress (beginning with the One Hundred
Sixteenth Congress), each employing office shall submit a
report to the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate on the implementation of the program required
under subsection (a).
``(2) Special rule for first report.--Not later than 180
days after the date of the enactment of the Congressional
Accountability Act of 1995 Reform Act, each employing office
shall submit the report described in paragraph (1) to the
Committees described in such paragraph.
``(c) Exception for Offices of Congress.--This section does not
apply to an employing office of the House of Representatives or an
employing office of the Senate.''.
(b) Clerical Amendment.--The table of contents is amended--
(1) by redesignating the item relating to section 509 as
relating to section 510; and
(2) by inserting after the item relating to section 508 the
following new item:
``Sec. 509. Training and education programs of employing offices.''.
SEC. 305. RENAMING OFFICE OF COMPLIANCE AS OFFICE OF CONGRESSIONAL
WORKPLACE RIGHTS.
(a) Renaming.--Section 301 of the Congressional Accountability Act
of 1995 (2 U.S.C. 1381 et seq.) is amended--
(1) in the heading, by striking ``office of compliance''
and inserting ``office of congressional workplace rights''; and
(2) in subsection (a), by striking ``Office of Compliance''
and inserting ``Office of Congressional Workplace Rights''.
(b) Conforming Amendments to Congressional Accountability Act of
1995.--The Congressional Accountability Act of 1995 is amended as
follows:
(1) In section 101(1) (2 U.S.C. 1301(1)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(2) In section 101(2) (2 U.S.C. 1301(2)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(3) In section 101(3)(H) (2 U.S.C. 1301(3)(H)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(4) In section 101(9)(D) (2 U.S.C. 1301(9)(D)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(5) In section 101(10) (2 U.S.C. 1301(10)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(6) In section 101(11) (2 U.S.C. 1301(11)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(7) In section 101(12) (2 U.S.C. 1301(12)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(10) In section 220(e)(2)(G) (2 U.S.C. 1351(e)(2)(G)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(11) In the heading of title III, by striking ``OFFICE OF
COMPLIANCE'' and inserting ``OFFICE OF CONGRESSIONAL WORKPLACE
RIGHTS''.
(12) In section 304(c)(4) (2 U.S.C. 1384(c)(4)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(13) In section 304(c)(5) (2 U.S.C. 1384(c)(5)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(c) Clerical Amendments.--The table of contents is amended--
(1) by amending the item relating to the heading of title
III to read as follows:
``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS'';
and
(2) by amending the item relating to section 301 to read as
follows:
``Sec. 301. Office of Congressional Workplace Rights.''.
(d) References in Other Laws, Rules, and Regulations.--Any
reference to the Office of Compliance in any law, rule, regulation, or
other official paper in effect as of the effective date of this Act
shall be considered to refer and apply to the Office of Congressional
Workplace Rights.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, this Act and the
amendments made by this Act shall take effect upon the expiration of
the 180-day period which begins on the date of the enactment of this
Act.
(b) No Effect on Pending Proceedings.--Nothing in this Act or the
amendments made by this Act may be construed to affect any proceeding
under title IV of the Congressional Accountability Act of 1995 which is
pending as of the date of the enactment of this Act.
Passed the House of Representatives February 6, 2018.
Attest:
KAREN L. HAAS,
Clerk.