[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2952 Considered and Passed Senate (CPS)]
<DOC>
115th CONGRESS
2d Session
S. 2952
To amend the Congressional Accountability Act of 1995 to establish
protections against congressional sexual harassment and discrimination,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2018
Ms. Klobuchar (for herself, Mr. Blunt, Mr. McConnell, Mr. Schumer, Mr.
Grassley, Mrs. Gillibrand, Mrs. Capito, Mrs. McCaskill, Mr. Roberts,
Mrs. Feinstein, Mrs. Fischer, Ms. Heitkamp, Mr. Enzi, Ms. Baldwin, Mrs.
Ernst, Ms. Hirono, Mr. Cruz, Mrs. Shaheen, Mr. Isakson, Mr. Brown, Mr.
Barrasso, Mr. Markey, Mr. Sullivan, Mr. Carper, Mr. Heller, Ms. Smith,
Mr. Tillis, Mr. Casey, Mr. Kennedy, Mr. Nelson, Ms. Murkowski, Mr.
Donnelly, Mr. Cornyn, Ms. Duckworth, Mr. Tester, Mr. Blumenthal, Mr.
Merkley, Mr. Coons, Mr. Booker, Mr. Warner, Mr. Wyden, Mr. Murphy, Mr.
Reed, and Mr. Manchin) introduced the following bill; which was read
twice, considered, read the third time, and passed
_______________________________________________________________________
A BILL
To amend the Congressional Accountability Act of 1995 to establish
protections against congressional sexual harassment and discrimination,
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 in
this Act, wherever an amendment or repeal 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 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. Availability of mediation during process.
Sec. 104. Hearings.
Subtitle B--Other Reforms
Sec. 111. Requiring Members of Congress to reimburse treasury for
damages paid as settlements and awards for
certain violations.
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 option to request 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 CONGRESSIONAL WORKPLACE
RIGHTS
Sec. 201. Reports on awards and settlements.
Sec. 202. Workplace climate surveys of employing offices.
Sec. 203. Record retention.
Sec. 204. Confidential Advisor.
Sec. 205. GAO study of management practices.
Sec. 206. GAO audit of cybersecurity.
TITLE III--MISCELLANEOUS REFORMS
Sec. 301. Application of Genetic Information Nondiscrimination Act of
2008.
Sec. 302. Extension to unpaid staff of rights and protections against
employment discrimination.
Sec. 303. Provisions relating to instrumentalities.
Sec. 304. Notices.
Sec. 305. Clarification of coverage of employees of Stennis Center and
Helsinki and China Commissions.
Sec. 306. Training and education programs of other employing offices.
Sec. 307. Support for out-of-area covered employees.
Sec. 308. 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 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 of Claims.--Except as otherwise provided in this Act,
the procedure for consideration of an alleged violation of part A of
title II consists of--
``(1) notification of intent to file, and filing of, a
claim by the covered employee alleging the violation, as
provided in section 402, which may be followed, as described in
section 403(a), with mediation under section 403; and
``(2) an election of proceeding, as provided in this
section, of--
``(A) 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;
``(B) a civil action in a district court of the
United States as provided in section 408; or
``(C) in the case of a Library claimant (as defined
in subsection (d)(1)), a proceeding described in
subsection (d)(2) that relates to the violation at
issue.
``(b) Election of Formal Hearing or Civil Action.--
``(1) In general.--A covered employee who seeks to make--
``(A) the election described in subsection
(a)(2)(A) shall file the request for the formal hearing
as provided in section 405(a)(1), by the deadline
described in paragraph (2); or
``(B) the election described in subsection
(a)(2)(B) shall file the civil action as provided in
section 408, by the deadline described in paragraph
(2).
``(2) Deadline for election.--The deadline described in
this paragraph shall be 90 days after the later of--
``(A) the date on which either party opts out of
mediation under section 402(c); or
``(B) the end of the period of mediation under
section 403(c).
``(3) Effect of election.--If the covered employee--
``(A) elects to file a request for a formal hearing
as provided in section 405(a), the procedure for
consideration of the claim shall not include a civil
action or other proceeding described in subparagraph
(B) or (C) of subsection (a)(2); or
``(B) elects to file a civil action as provided in
section 408(a), the procedure for consideration of the
claim shall not include any formal hearing, review, or
other proceeding described in subparagraph (A) or (C)
of subsection (a)(2).
``(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, for
a specific period of time, the grievance procedures of the Architect of
the Capitol or the Capitol Police for resolution of the employee's
grievance. If the grievance procedures do not resolve the grievance,
the employee may resume the procedure described in subsection (a),
starting with section 403, except that the deadline for opting out of
mediation under that section shall be 10 business days after the last
day of the grievance procedures.
``(d) Election of Remedies for Library of Congress.--
``(1) Definitions.--In this subsection:
``(A) Direct act.--The term `direct Act' means an
Act (other than this Act), or provision of the Revised
Statutes, that is specified in section 201, 202, or
203.
``(B) Direct provision.--The term `direct
provision' means a provision (including a definitional
provision) of a direct Act that applies the rights or
protections of a direct Act (including rights and
protections relating to nonretaliation or noncoercion)
to a Library claimant.
``(C) Library claimant.--The term `Library
claimant' means, with respect to a direct provision, an
employee of the Library of Congress who is covered by
that direct provision.
``(2) Election after proceedings initially brought under
this act.--A Library claimant who initially files a claim for
an alleged violation as provided in section 402 may, instead of
proceeding with the claim in accordance with sections 403 (if
applicable) and 405 or filing a civil action in accordance with
section 408, during the period described in subsection (b)(2)
but before the Office commences a formal hearing under section
405, elect to bring the claim for a proceeding before the
corresponding Federal agency, under the corresponding direct
provision.
``(3) Election after proceedings initially brought under
other civil rights or labor law.--A Library claimant who
initially brings a claim, complaint, or charge under a direct
provision for a proceeding before a Federal agency may, prior
to requesting a hearing under the agency's procedures, elect
to--
``(A) continue with the agency's procedures and
preserve the option (if any) to bring any civil action
relating to the claim, complaint, or charge, that is
available to the Library claimant; or
``(B) file a claim with the Office under section
402, make an election under subparagraph (A) or (B) of
section 401(a)(2), and continue with the corresponding
procedures of this subtitle.
``(4) Application.--This subsection shall take effect and
shall apply as described in section 153(c) of the Legislative
Branch Appropriations Act, 2018 (Public Law 115-141) (except to
the extent such section applies to any violation of section 210
or a provision of an Act specified in section 210).
``(e) Rights of Individuals To Retain Private Counsel.--Nothing in
this Act may be construed to limit the authority of any particular
individual, including a covered employee, the head of an employing
office, or an individual who has a right to intervene under section
415(d)(6), to retain private counsel to protect the interests of the
particular individual at any point during any of the procedures
provided under this Act for the consideration of an alleged violation
of part A of title II, including procedures described in section
415(d)(6).
``(f) Standards for Designated Representatives or Unrepresented
Parties.--
``(1) Standards.--Each designated representative of a
party, and unrepresented party, participating in any of the
procedures (including proceedings) provided under this Act
shall have an obligation to ensure that, to the best of that
designated representative or unrepresented party's knowledge,
information, and belief, as formed after an inquiry which is
reasonable under the circumstances, each of the following is
correct:
``(A) 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.
``(B) The claims, defenses, and other legal
contentions the designated representative or
unrepresented party advocates are warranted by existing
law or by a nonfrivolous argument for extending,
modifying, or reversing existing law or for
establishing new law.
``(C) The factual contentions have evidentiary
support or, if specifically so identified, will likely
have evidentiary support after a reasonable opportunity
for discovery.
``(D) 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.
``(2) Sanctions.--
``(A) In general.--If a decisionmaker described in
subparagraph (B) determines that a designated
representative of a party, or unrepresented party, has
failed to comply with the standards specified in
paragraph (1), then that decisionmaker may impose
appropriate sanctions.
``(B) Decisionmaker.--A decisionmaker described in
subparagraph (A) is--
``(i) a hearing officer or mediator chosen
from the list specified in section 405(c)(2),
who is not serving as a hearing officer or
mediator to resolve any claim filed under
section 402 that is associated with--
``(I) the designated representative
or unrepresented party; or
``(II) an individual identified in
claim.''.
(b) Conforming Amendment Relating to Civil Action.--Section 408(a)
(2 U.S.C. 1408(a)) 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 inserting
``who filed a timely claim under section 402, elected to file a
civil action under section 401(a)(2)(B), and made a timely
filing under this section as described in section 401(b)''; and
(3) by striking the second sentence.
(c) Other Conforming Amendments.--Title IV is amended by striking
section 404 (2 U.S.C. 1404).
(d) Clerical Amendments.--The table of contents is amended by
striking the item 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.--
``(1) Notification of intent to file.--To commence a
proceeding under this title, a covered employee alleging a
violation of law made applicable under part A of title II shall
notify the Office of intent to file a claim with the Office.
``(2) Information.--On receiving a notification under
paragraph (1), the Office shall provide to the covered employee
all relevant information with respect to the employee's and the
employing office's rights under this Act, the process for
filing the claim, and the option for the employee to elect, if
the employee so chooses, to file a civil action regarding the
alleged violation. The Office shall discuss the information and
covered employee's claim with the covered employee. The Office
shall initiate the procedures described in this paragraph on
the date of the notification.
``(3) Filing.--Upon providing the notification described in
paragraph (1), and not later than the expiration of the 180-day
period in subsection (e), the covered employee may file the
claim. The claim shall be made in writing under oath or
affirmation, shall describe the facts that form the basis of
the claim and the violation that is being alleged, shall
identify the employing office alleged to have committed the
violation or in which the violation is alleged to have
occurred, and shall be in such form as the Office requires.
``(b) Initial Processing of Claim.--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
and shall transmit a copy of the claim to the head of the employing
office not later than 3 business days after the date on which the claim
is filed.
``(c) Mediation.--
``(1) Notification of right to opt out of mediation.--
``(A) Covered employee.--Upon receipt of a claim,
the Office shall notify the covered employee about the
process for mediation under section 403, the right to
opt out of the mediation, and the deadline for opting
out of the mediation.
``(B) Employing office.--Upon transmission to the
employing office of the claim pursuant to subsection
(b), the Office shall notify the employing office about
the process for mediation under section 403, the right
to opt out of the mediation, and the deadline for
opting out of the mediation.
``(2) Deadline to opt out of mediation.--Either party may
opt out of the mediation. The deadline for opting out shall be
10 business days after the date on which the claim that would
be the subject of the mediation is filed.
``(d) Use of Electronic Reporting and Tracking System.--
``(1) Establishment and operation of system.--The Office
shall establish and operate an electronic reporting and
tracking 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 semiannual reports on such assessments
each year to the Committee on House Administration and the
Committee on Appropriations of the House of Representatives and
the Committee on Rules and Administration and the Committee on
Appropriations of the Senate.
``(e) 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. The Office shall not accept a claim that does not
meet the requirements of this subsection.
``(f) 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 title to seek information
regarding the employee's rights under this Act and the
procedures available under this Act; or
``(2) in the case of a covered employee of an employing
office described in subparagraph (A), (B), or (C) of section
101(9), 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).''.
(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. AVAILABILITY OF MEDIATION DURING PROCESS.
(a) Availability of Mediation.--Section 403(a) (2 U.S.C. 1403(a))
is amended to read as follows:
``(a) Availability of Mediation.--
``(1) In general.--Unless the covered employee who filed a
claim under section 402 or the employing office named in the
claim opts out of mediation by the deadline described in
section 402(c)(2), the Office shall promptly assign a mediator
to the claim, and conduct such mediation under this section.
``(2) Impact of decision.--A decision by a party to engage
in or opt out of mediation as provided in this Act shall not be
used for or against the party in any proceeding under this
Act.''.
(b) Requiring Parties To Be Separated During Mediation at Request
of Employee.--Section 403(b)(2) (2 U.S.C. 1403(b)(2)) 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,''.
(c) Period of Mediation.--Section 403(c) (2 U.S.C. 1403(c)) is
amended--
(1) in the first sentence, by striking ``beginning on the
date the request for mediation is received'' and inserting
``beginning on the first day after the deadline described in
section 402(c)(2)''; and
(2) by striking the second sentence and inserting ``The
mediation period may be extended for one additional period of
30 days at the joint request of the covered employee and
employing office.''.
SEC. 104. HEARINGS.
(a) Hearings Commenced by Office of Congressional Workplace
Rights.--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 Hearings To Commence in Office.--
``(1) Hearing required upon request.--If a covered employee
elects to file a request for a hearing under this section by
the deadline described in paragraph (2), the Executive Director
shall appoint an independent hearing officer pursuant to
subsection (c) to consider the claim and render a decision, and
a hearing shall be commenced in the Office.
``(2) Deadline for requesting hearing.--The deadline
described in this paragraph shall be 90 days after the later
of--
``(A) the date on which either party opts out of
mediation under section 402(c); or
``(B) the end of the period of mediation under
section 403(c).
``(3) Effect of filing civil action.--Notwithstanding
paragraph (1), if the covered employee files a civil action as
provided in section 408 with respect to a complaint, the
provisions of section 401(b)(3)(B) shall apply with regard to a
hearing under this section.''.
(3) In subsection (b), by striking ``dismiss any claim''
and inserting ``dismiss any cause of action within a claim''.
(4) In subsection (c)(1), by striking ``Upon the filing of
a complaint'' and inserting ``Upon receipt of a request for a
hearing in accordance with subsection (a)''.
(5) In subsection (d), in the matter preceding paragraph
(1), by striking ``complaint'' and inserting ``claim''.
(6) In subsection (g), by striking ``complaint'' and
inserting ``claim''.
(b) Additional Time to Commence a Hearing Before a Hearing
Officer.--Section 405(d) (2 U.S.C. 1405(d)), as amended by subsection
(a), is further amended by striking paragraph (2) and inserting the
following:
``(2) commenced no later than 90 days after the Executive
Director receives a request filed under subsection (a), except
that, upon mutual agreement of the parties or for good cause,
the Office shall extend the time for commencing a hearing for
not more than an additional 30 days; and''.
(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(d), is further amended as follows:
(1) By amending the item relating to section 405 to read as
follows:
``Sec. 405. Hearing.''.
(2) By amending the item relating to section 414 to read as
follows:
``Sec. 414. Settlement.''.
Subtitle B--Other Reforms
SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR
DAMAGES PAID AS SETTLEMENTS AND AWARDS FOR CERTAIN
VIOLATIONS.
(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 for Damages 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 (D) perpetrated
directly against a covered employee by an individual
who, at the time of committing the violation, was a
Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) or a
Senator, that individual who committed the violation
shall reimburse the account for the amount of
compensatory damages included in the award or
settlement attributable to that violation.
``(B) Separate finding required in case of award or
settlement.--Personal liability or a reimbursement
requirement may not be imposed on an individual under
this subsection unless the hearing officer, the court,
or the corresponding committee described in section
416(e)(1) (as the case may be) makes a finding,
separate from the finding on the underlying claim, that
the individual perpetrated a violation requiring
reimbursement under this subsection.
``(C) Multiple claims.--If an award or settlement
is made for multiple claims, some of which do not
require reimbursement under this subsection, the Member
or Senator shall only be required to reimburse for the
amount of compensatory damages included in the portion
of the award or settlement attributable to a claim
requiring reimbursement.
``(D) Violation described.--A violation described
in this subparagraph is--
``(i) unwelcome harassment by an individual
described in subparagraph (A) on any basis
protected by section 201(a) or 206(a) that has
the purpose or effect of unreasonably
interfering, and is sufficiently severe or
pervasive to unreasonably interfere, with a
covered employee's work performance or create
an intimidating, hostile, or offensive working
environment; or
``(ii) in the case of a violation of
section 201(a) on the basis of sex, conduct by
an individual described in subparagraph (A)
that is an unwelcome sexual advance or request
for sexual favors, when--
``(I) submission to such conduct is
made either explicitly or implicitly a
term or condition of the covered
employee's employment; or
``(II) submission to or rejection
of such conduct by the employee is used
as the basis for an employment decision
affecting such employee.
``(2) Withholding amounts from compensation.--
``(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 to the account of the individual in the
Thrift Savings Fund any amount that the individual had
requested to be so transferred) such amounts as may be
necessary to reimburse the account described in
subsection (a) for the reimbursable portion of the
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) Administrative wage garnishment or other collection
of wages from a subsequent position.--
``(A) Individual subject to garnishment or other
collection.--Subparagraph (B) shall apply to an
individual who is subject to the reimbursement
requirement of this subsection if, by the expiration of
the 180-day period that begins on the date a payment is
made from the account described in subsection (a)
relating to an award or settlement described in
paragraph (1), the individual--
``(i) has not reimbursed the account for
the entire reimbursable portion as required
under paragraph (1); and
``(ii) is not employed as a Member of the
House of Representatives or a Senator but is
employed in a subsequent non-Federal position.
``(B) Garnishment or other collection of wages.--On
the expiration of that 180-day period, the amount of
the reimbursable portion of an award or settlement
described in paragraph (1) (reduced by any amount the
individual has reimbursed, taking into account any
amounts withheld under paragraph (2)) shall be treated
as a delinquent nontax debt and transferred to the
Secretary of the Treasury for collection. Upon that
transfer, the Secretary of the Treasury shall collect
the debt, in accordance with section 3711 of title 31,
United States Code, including by administrative wage
garnishment of the wages of the individual described in
subparagraph (A) from the position described in
subparagraph (A)(ii). The Secretary of the Treasury
shall transfer the collected amount to the account
described in subsection (a).
``(4) Notification to office of personnel management and
secretary of the treasury.--If the individual does not obtain
employment in a subsequent position referred to in paragraph
(3)(A)(ii), not later than 90 days after the individual is
first no longer receiving compensation as a Member or a
Senator, the amounts withheld or collected under this
subsection have not been sufficient to reimburse the account
described in subsection (a) for the reimbursable portion of the
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 reimbursable portion of an award or settlement
described in paragraph (1); 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
(42 U.S.C. 401 et seq.) and transfer to the account
described in subsection (a), such amounts as may be
necessary to reimburse the account for the reimbursable
portion of an award or settlement described in
paragraph (1).
``(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) Right to intervene.--An individual who is subject to
the reimbursement requirement of this subsection shall have the
unconditional right to intervene in any mediation, hearing, or
civil action under this title 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 that is separate from any other deposition
taken from the employee in connection with the hearing or civil
action.
``(7) Definitions.--In this subsection, 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.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to claims 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(e)) 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 (6)) of a claim alleging a
violation of section 201(a) or 206(a) that is perpetrated
directly against a covered employee by a Member of the House of
Representatives (including a Delegate or Resident Commissioner
to the Congress) or a Senator, or by a senior staffer of an
employing office described in subparagraph (A) or (B) of
section 101(9), 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
staffer 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 staffer 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 settlement documents in the case of a settlement and
findings by the hearing officer involved in the case of an
award under this title.
``(3) Review by congressional ethics committees of
settlements of certain claims.--After the receipt of a
settlement agreement for a claim that includes an allegation of
a violation of section 201(a) or 206(a) that is perpetrated
directly against a covered employee as described in section
415(d)(1)(D) by a Member of the House of Representatives
(including a Delegate or a Resident Commissioner to the
Congress) or a Senator, the corresponding committee described
in paragraph (1) shall--
``(A) not later than 90 days after that receipt,
review the settlement agreement;
``(B) determine whether an investigation of the
claim is warranted; and
``(C) if the committee determines, after the
investigation, that the claim that resulted in the
settlement involved an actual violation of section
201(a) or 206(a) perpetrated directly against a covered
employee as described in section 415(d)(1)(D) by the
Member or Senator, then the committee shall notify the
Executive Director to request the reimbursement
described in section 415(d) and include the settlement
in the report required by section 301(l).
``(4) 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.
``(5) Authority to protect identity of a claimant.--
``(A) Redactions.--If a Committee issues a report
as described in paragraph (4), the Committee may, in
accordance with subparagraph (B), make an appropriate
redaction to the information or data included in the
report if the Committee and the appropriate
decisionmakers described in subparagraph (B) determine
that including the information or data considered for
redaction may lead to the unintentional disclosure of
the identity or position of a claimant. The report
including any such redaction shall note each redaction
and include a statement that the redaction was made
solely for the purpose of avoiding such an
unintentional disclosure of the identity or position of
a claimant.
``(B) Agreement on redactions.--The Committee shall
make a redaction under subparagraph (A) only if
agreement is reached on the precise information or data
to be redacted by--
``(i) the Chairman and Ranking Member of
the Committee on Ethics of the House of
Representatives, in the case of a report
concerning a Member of the House of
Representatives (including a Delegate or
Resident Commissioner to the Congress) or a
senior staffer who is an employee of the House
of Representatives; or
``(ii) the Chairman and Vice Chairman of
the Select Committee on Ethics of the Senate,
in the case of a report concerning a Senator or
senior staffer who is an employee of the
Senate.
``(C) Retention of unredacted reports.--Each
committee described in subparagraph (B) shall retain a
copy of the report, without redactions.
``(6) Definitions.--In this subsection:
``(A) Final disposition.--The `final disposition'
of a claim means the following:
``(i) An agreement to pay a settlement,
including an agreement reached pursuant to
mediation under section 403.
``(ii) An order to pay an award that is
final and not subject to appeal.
``(B) Senior staffer.--The term `senior staffer'
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.).''.
SEC. 113. AVAILABILITY OF OPTION TO REQUEST 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. OPTION TO REQUEST 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 (referred to in this
section as `permitting a remote work assignment') where such
relocation would have the effect of materially reducing
interactions between the covered employee and any person
alleged to have committed the violation, instead of from a
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 or such relocation
would not have the effect described in paragraph (1), the
employing office may during the pendency of the procedures
described in paragraph (1)--
``(A) grant a paid leave of absence to the covered
employee;
``(B) permit a remote work assignment and grant a
paid leave of absence to the covered employee; or
``(C) make another workplace adjustment, or permit
a remote work assignment, that would have the effect of
reducing interactions between the covered employee and
any person alleged to have committed the violation
described in paragraph (1).
``(3) Ensuring no retaliation.--An employing office may not
grant a covered employee's request under this subsection in a
manner which would constitute a violation of section 207.
``(4) No impact on vacation or personal leave.--In granting
leave for a paid leave of absence under this section, an
employing office shall not require the covered employee to
substitute, for that leave, any of the accrued paid vacation or
personal leave of the covered employee.
``(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. Option to request remote work assignment or paid leave of
absence during pendency of procedures.''.
SEC. 114. MODIFICATION OF RULES ON CONFIDENTIALITY OF PROCEEDINGS.
(a) 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''.
(b) Claims.--Section 416 (2 U.S.C. 1416), as amended by section
112, is further amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (f) as
subsections (a) through (e), respectively;
(3) in subsection (b), as redesignated by paragraph (2) of
this subsection, by striking ``subsections (d), (e), and (f)''
and inserting ``subsections (c), (d), and (e)''; and
(4) by adding at the end the following:
``(f) Claims.--Nothing in this section may be construed to prohibit
a covered employee from disclosing the factual allegations supporting
the covered employee's claim, or to prohibit an employing office from
disclosing the factual allegations supporting the employing office's
defense to the claim, in the course of any proceeding under this
title.''.
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 Act has been
made from the account described in subsection (a) in connection
with a claim alleging a violation described in section 201(a)
or 206(a) by an employing office (other than an employing
office described in subparagraph (A), (B), or (C) of section
101(9)), the Executive Director shall notify the head of the
employing office associated with the claim 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 (2 U.S.C. 1415) for an award
or settlement for a claim that is filed on or after the date of the
enactment of this Act.
TITLE II--IMPROVING OPERATIONS OF OFFICE OF CONGRESSIONAL WORKPLACE
RIGHTS
SEC. 201. REPORTS ON AWARDS AND SETTLEMENTS.
(a) Annual Reports on Awards and Settlements.--
(1) Requiring submission and publication of reports.--
Section 301 (2 U.S.C. 1381) is amended--
(A) in subsection (h)(3), by striking ``complaint''
each place it appears and inserting ``claim''; and
(B) by adding at the end the following new
subsection:
``(l) Annual Reports on Awards and Settlements.--
``(1) In general.--Not later than 45 days after the
beginning of each calendar year, the Office shall submit to
Congress and publish on the Office's public website a report
listing each award that is the result of a violation of part A
of title II or settlement that is attributable to a finding
described in section 415(d)(1)(B) and that was paid during the
previous calendar year from the account described in section
415(a). The report shall include information on the employing
office involved, the amount of the award or settlement, the
provision that was the subject of the claim, and (in the case
of an award or settlement resulting from a finding described in
section 415(d)(1)(B)), whether the Member or former Member is
in compliance with the requirement of section 415(d) to
reimburse the account for the reimbursable portion 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 claimant is not disclosed.
``(3) Authority to protect the identity of a claimant.--
``(A) In general.--In carrying out paragraph (2),
the Executive Director may make an appropriate
redaction to the data included in the report described
in paragraph (1) if the Executive Director determines
that including the data considered for redaction may
lead to the identity or position of a claimant
unintentionally being disclosed. The report shall note
each redaction and include a statement that the
redaction was made solely for the purpose of avoiding
such an unintentional disclosure of the identity or
position of a claimant.
``(B) Recordkeeping.--The Executive Director shall
retain a copy of the report described in subparagraph
(A), without redactions.
``(4) Definition.--In this subsection, the term `claimant'
means an individual who received an award or settlement, or who
made an allegation of a violation against an employing
office.''.
(2) Effective date.--The amendments 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 Congressional
Workplace Rights 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) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1311(a)), or section 207
of such Act (2 U.S.C. 1317) 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 of Congressional
Workplace Rights 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 employees of employing
offices described in subparagraphs (A), (B), (C), and (E) of section
101(9), regarding the workplace environment of such office. The Office
shall make the survey available (which may include making the survey
available electronically) to all such employees. Employee responses to
the survey shall be voluntary.
``(b) Special Inclusion of Information on Sexual Harassment and
Discrimination.--In each survey conducted under this section, the
Office shall survey respondents on attitudes regarding sexual
harassment and discrimination.
``(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.
``(3) Survey form.--The Office shall not include any code
or information on the survey form that makes a respondent to
the survey, or the respondent's employing office, individually
identifiable.
``(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, and
the Committee on Rules and Administration, 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, and the Committee on Rules
and Administration, of the Senate.''.
(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.--Not later than 180 days following the date
of enactment of the Congressional Accountability Act of 1995 Reform
Act, the Office, in consultation with the Committee on House
Administration of the House of Representatives and the Committee on
Rules and Administration of the Senate, shall create a program to be
enforced by the Office for the proper and timely disposition of
confidential documents and data created or obtained by mediators or
hearing officers in connection with their service in confidential
proceedings under this Act.''.
SEC. 204. CONFIDENTIAL ADVISOR.
Section 302 (2 U.S.C. 1382) is amended--
(1) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Confidential Advisor.--
``(1) In general.--The Executive Director shall--
``(A) appoint, and fix the compensation of, and may
remove, a Confidential Advisor; or
``(B) designate an employee of the Office to serve
as a Confidential Advisor.
``(2) Duties.--
``(A) Voluntary services.--The Confidential Advisor
shall offer to provide to covered employees described
in paragraph (4) the services described in subparagraph
(B), which a covered employee may accept or decline.
``(B) Services.--The services referred to in
subparagraph (A) are--
``(i) informing, on a privileged and
confidential basis, a covered employee who has
experienced a practice that may be a violation
of part A of title II about the employee's
rights under this Act;
``(ii) consulting, on a privileged and
confidential basis, with a covered employee who
has experienced a practice that may be a
violation of part A of title II regarding--
``(I) the roles, responsibilities,
and authority of the Office; and
``(II) the relative merits of
securing private counsel, designating a
non-attorney representative, or
proceeding without representation
during proceedings before the Office;
``(iii) assisting, on a privileged and
confidential basis, a covered employee who
seeks consideration under title IV of an
allegation of a violation of part A of title II
in understanding the procedures, and the
significance of the procedures, described in
that title IV; and
``(iv) informing, on a privileged and
confidential basis, a covered employee who has
experienced a practice that may be a violation
of part A of title II about the option of
pursuing, in appropriate circumstances, a
complaint with the Committee on Ethics of the
House of Representatives or the Select
Committee on Ethics of the Senate.
``(3) Qualifications.--The Confidential Advisor shall be a
lawyer who--
``(A) is admitted to practice before, and is in
good standing with, the bar of a State of the United
States, the District of Columbia, or a territory of the
United States; and
``(B) has experience representing clients in cases
involving the workplace laws incorporated by part A of
title II.
``(4) Individuals covered.--The services described in
paragraph (2) are available to any covered employee (which, for
purposes of this subsection, shall include any staff member
described in section 201(d) and any former covered employee
(including any former staff member described in that section)),
except that--
``(A) a former covered employee may only request
such services if the practice that may be a violation
of part A of title II occurred during the employment or
service of the employee; and
``(B) a covered employee described in this
paragraph may only request such services before the
expiration of the 180-day period described in section
402(e).
``(5) Restrictions.--The Confidential Advisor--
``(A) shall not provide legal advice to, or act as
the designated representative for, any covered employee
in connection with the covered employee's participation
in any proceeding, including any proceeding under this
Act, any judicial proceeding, or any proceeding before
any committee of Congress; and
``(B) shall not serve as a mediator in any
mediation conducted pursuant to section 403.''.
SEC. 205. 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
Congressional Workplace Rights.
(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 Congressional Workplace Rights.
SEC. 206. 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 Congressional Workplace Rights.
(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 Congressional
Workplace Rights.
TITLE III--MISCELLANEOUS REFORMS
SEC. 301. APPLICATION OF GENETIC INFORMATION NONDISCRIMINATION ACT OF
2008.
Section 102 (2 U.S.C. 1302) is amended by adding at the end the
following:
``(c) Genetic Information Nondiscrimination Act of 2008.--The
provisions of this Act that apply to a violation of section 201(a)(1)
shall be considered to apply to a violation of title II of the Genetic
Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.),
consistent with section 207(c) of that Act (42 U.S.C. 2000ff-6(c)).''.
SEC. 302. EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS AGAINST
EMPLOYMENT DISCRIMINATION.
(a) Extension.--Section 201(d) (2 U.S.C. 1311(d)) is amended to
read as follows:
``(d) Application to Unpaid Staff.--
``(1) In general.--Subsections (a) and (b) and section 207
shall apply with respect to any staff member of an employing
office who carries out official duties of the employing office
but who is not paid by the employing office for carrying out
such duties, including an 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 and section apply with respect to a covered
employee.
``(2) Rule of construction.--Nothing in paragraph (1) may
be construed to extend liability for a violation of subsection
(a) or section 207 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.--For purposes of this section, the
term `intern' means an individual who performs service for an
employing office which is uncompensated by the United States,
who obtains an educational benefit, such as by earning credit
awarded by an educational institution or learning a trade or
occupation, and who is appointed on a temporary basis.''.
(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. 303. PROVISIONS RELATING TO INSTRUMENTALITIES.
(a) References to Former Office of Technology Assessment.--
(1) Public services and accommodations provisions.--Section
210(a) (2 U.S.C. 1331(a)) is amended--
(A) in paragraph (9), by adding ``and'' at the end;
(B) by striking paragraph (10); and
(C) by redesignating paragraph (11) as paragraph
(10).
(2) Occupational safety and health provisions.--Section
215(e)(1) (2 U.S.C. 1341(e)(1)) is amended by striking ``the
Office of Technology Assessment,''.
(3) Labor-management provisions.--Section 220(e)(2)(G) (2
U.S.C. 1351(e)(2)(G)) is amended by striking ``, the Office of
Technology Assessment,''.
(b) Amendments Relating to LoC Coverage of Library Visitors.--
(1) In general.--Section 210 (2 U.S.C. 1331) is amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) by inserting after subsection (g) the
following:
``(h) Election of Remedies Relating to Rights to Public Services
and Accommodations for Library Visitors.--
``(1) Definition of library visitor.--In this subsection,
the term `Library visitor' means an individual who is eligible
to bring a claim for a violation under title II or III of the
Americans with Disabilities Act of 1990 (other than a violation
for which the exclusive remedy is under section 201) against
the Library of Congress.
``(2) Election of remedies.--
``(A) In general.--A Library visitor who alleges a
violation of subsection (b) by the Library of Congress
may, subject to subparagraph (B)--
``(i) file a charge against the Library of
Congress under subsection (d); or
``(ii) use the remedies and procedures set
forth in section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-16), as provided under
section 510 (other than paragraph (5)) of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12209).
``(B) Timing.--A Library visitor that has initiated
proceedings under clause (i) or (ii) of subparagraph
(A) may elect to change and initiate a proceeding under
the other clause--
``(i) in the case of a Library visitor who
first filed a charge pursuant to subparagraph
(A)(i), before the General Counsel files a
complaint under subsection (d)(3); or
``(ii) in the case of a Library visitor who
first initiated a proceeding under subparagraph
(A)(ii), before the Library visitor requests a
hearing under the procedures of the Library of
Congress described in such subparagraph.''.
(2) Effective date and applicability.--The amendments made
by this subsection shall take effect as if such amendments were
included in section 153 of the Legislative Branch
Appropriations Act, 2018 (Public Law 115-141), and shall apply
as specified in section 153(c) of such Act.
SEC. 304. NOTICES.
Part E of title II (2 U.S.C. 1361) is amended--
(1) in section 225 (2 U.S.C. 1361)--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e).
(2) by adding at the end the following:
``SEC. 226. NOTICES.
``(a) In General.--Every employing office shall post and keep
posted (in conspicuous places upon its premises where notices to
covered employees are customarily posted) a notice provided by the
Office that--
``(1) describes the rights, protections, and procedures
applicable to covered employees of the employing office under
this Act, concerning violations described in subsection (b);
and
``(2) includes contact information for the Office.
``(b) Violations.--A violation described in this subsection is--
``(1) discrimination prohibited by section 201(a)
(including, in accordance with section 102(c), discrimination
prohibited by title II of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.)) or
206(a); and
``(2) a violation of section 207, or a violation of section
4311(b) of title 38, United States Code, that is related to
discrimination described in paragraph (1).''.
SEC. 305. CLARIFICATION OF COVERAGE OF EMPLOYEES OF STENNIS CENTER AND
HELSINKI AND CHINA COMMISSIONS.
(a) Coverage of Stennis Center, China Review Commission,
Congressional-Executive China Commission, and Helsinki Commission.--
(1) Treatment of employees as covered employees.--Section
101(3) (2 U.S.C. 1301(3)) is amended--
(A) by striking subparagraph (I);
(B) by striking the period at the end of
subparagraph (J) and inserting a semicolon;
(C) by redesignating subparagraph (J) as
subparagraph (I); and
(D) by adding at the end the following:
``(J) the John C. Stennis Center for Public Service
Training and Development;
``(K) the China Review Commission;
``(L) the Congressional-Executive China Commission;
or
``(M) the Helsinki Commission.''.
(2) Treatment of center and commissions 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 John C. Stennis Center for
Public Service Training and Development, the China Review
Commission, the Congressional-Executive China Commission, and
the Helsinki Commission''.
(3) Definitions of commissions.--Section 101 (2 U.S.C.
1301) is amended by adding at the end the following:
``(13) China review commission.--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 for Fiscal Year
2001 (22 U.S.C. 7002), as enacted into law by section 1 of
Public Law 106-398.
``(14) Congressional-executive china commission.--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.).
``(15) Helsinki commission.--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', approved
June 3, 1976 (Public Law 94-304; 22 U.S.C. 3001 et seq.).''.
(b) Legal Assistance and Representation.--
(1) In general.--Title V (2 U.S.C. 1431 et seq.) is
amended--
(A) by redesignating section 509 as section 512;
and
(B) by inserting after section 508 the following:
``SEC. 509. LEGAL ASSISTANCE AND REPRESENTATION.
``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--
``(1) by the Office of 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, and in the case of
assistance and representation in connection with any subsequent
claim related to the initial claim where the subsequent claim
involves the same parties; or
``(2) by the Office of 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, and in the case of assistance and
representation in connection with any subsequent claim related
to the initial claim where the subsequent claim involves the
same parties.''.
(2) Clerical amendments.--The table of contents is
amended--
(A) by redesignating the item relating to section
509 as relating to section 512; and
(B) by inserting after the item relating to section
508 the following new item:
``Sec. 509. Legal assistance and representation.''.
(c) Conforming Amendments.--Section 101 (2 U.S.C. 1301) is amended,
in paragraphs (7) and (8), by striking ``through (I)'' and inserting
``through (M)''.
(d) Effective Date.--The amendments made by subsections (a) through
(c) shall apply with respect to claims alleging violations of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) which
are first made on or after the date of the enactment of this Act.
SEC. 306. 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.), as amended by section 305(b), is further
amended by inserting after section 509 the following:
``SEC. 510. 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 this
Act 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 described in subparagraph (A), (B), or (C)
of section 101(9).''.
(b) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 509, as inserted by
section 305(b), the following new item:
``Sec. 510. Training and education programs of employing offices.''.
SEC. 307. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES.
(a) In General.--Title V (2 U.S.C. 1431 et seq.), as amended by
section 306(a), is further amended by inserting after section 510 the
following:
``SEC. 511. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES.
``(a) In General.--All covered employees whose location of
employment is outside of the Washington, DC area (referred to in this
section as `out-of-area covered employees', shall have equitable access
to the resources and services provided by the Office and under this Act
as is provided to covered employees who work in the Washington, DC
area.
``(b) Office of Congressional Workplace Rights.--The Office shall--
``(1) establish a method by which out-of-area covered
employees may communicate securely with the Office, which shall
include an option for real-time audiovisual communication; and
``(2) provide guidance to employing offices regarding how
each office can facilitate equitable access to the resources
and services provided under this Act for its out-of-area
covered employees, including information regarding the
communication methods described in paragraph (1).
``(c) Employing Offices.--It is the sense of Congress that each
employing office with out-of-area covered employees should use its best
efforts to facilitate equitable access to the resources and services
provided under this Act for those employees.''.
(b) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 510, as inserted by
section 306(b), the following new item:
``Sec. 511. Support for out-of-area employees.''.
SEC. 308. RENAMING OFFICE OF COMPLIANCE AS OFFICE OF CONGRESSIONAL
WORKPLACE RIGHTS.
(a) Renaming.--Section 301 (2 U.S.C. 1381) 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 title 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. Establishment of the 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 specified in
section 401(a) 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 in this Act, 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
or payment of an award or settlement relating to a claim under title IV
of the Congressional Accountability Act of 1995 (2 U.S.C. 1401 et seq.)
which is pending as of the date of the enactment of this Act. If, as of
that date, an employee has begun any of the proceedings under that
title that were available to the employee prior to that date, the
employee may complete, or initiate and complete, all such proceedings,
and such proceedings shall remain in effect with respect to, and
provide the exclusive proceedings for, the claim involved until the
completion of all such proceedings.
<all>