3.0.0 4924 2023-01-11T13:40:36Z 2023-01-11T13:40:36Z House HR 2018-02-05 115 [Congressional Record Volume 164, Number 22 (Monday, February 5, 2018)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. HARPER:H.R. 4924.Congress has the power to enact this legislation pursuantto the following:Article 1, Section 5 of the United States Constitution``Each House shall be the Judge of the Elections, Returnsand Qualifications of its own Members, and a Majority of eachshall constitute a Quorum to do Business; but a smallerNumber may adjourn from day to day, and may be authorized tocompel the Attendance of absent Members, in such Manner, andunder such Penalties as each House may provide.Each House may determine the Rules of its Proceedings,punish its Members for disorderly Behaviour, and, with theConcurrence of two thirds, expel a Member.Each House shall keep a Journal of its Proceedings, andfrom time to time publish the same, excepting such Parts asmay in their Judgment require Secrecy; and the Yeas and Naysof the Members of either House on any question shall, at theDesire of one fifth of those Present, be entered on theJournal.''[Page H784]]]> ssga00 Homeland Security and Governmental Affairs Committee Senate Standing Referred to 2018-02-07T17:53:56Z hswm00 Ways and Means Committee House Standing Referred to 2018-02-05T17:02:50Z hsgo00 Oversight and Accountability Committee House Standing Referred to 2018-02-05T17:02:45Z hsha00 Committee on House Administration House Standing Referred to 2018-02-05T17:02:40Z Congressional Accountability Act of 1995 Reform Act 115 4822 HR 2018-01-18 Referred to the Committee on House Administration, and in addition to the Committees on Ethics, Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. Related bill CRS Congressional Accountability Act of 1995 Reform Act 115 3749 S 2018-12-21 Became Public Law No: 115-397. Related bill CRS Congressional Accountability Act of 1995 Reform Act 115 2952 S 2018-05-29 Held at the desk. 15:29:39 Related bill CRS Related bill House Congressional Intern Protection Act of 2017 115 652 HR 2017-01-24 Referred to the House Committee on House Administration. Related bill CRS To amend the Congressional Accountability Act of 1995 to clarify that employees of the Commission on Security and Cooperation in Europe and the Congressional-Executive Commission on the People's Republic of China are to be treated as covered employees for purposes of such Act. 115 4393 HR 2017-11-14 Referred to the House Committee on House Administration. Related bill CRS Congressional Accountability Act of 1995 Reform Act 115 2401 S 2018-02-07 Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S706) Related bill CRS 2018-02-07 ssga00 Homeland Security and Governmental Affairs Committee Senate Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs. IntroReferral 2018-02-06 12:30:19 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2018-02-06 12:30:18 On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H797-803) Floor H37300 2 House floor actions 2018-02-06 12:30:18 Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H797-803) Floor 8000 9 Library of Congress 2018-02-06 11:43:37 DEBATE - The House proceeded with forty minutes of debate on H.R. 4924. Floor H8D000 2 House floor actions 2018-02-06 11:43:36 Considered under suspension of the rules. (consideration: CR H797-813) Floor H30000 2 House floor actions 2018-02-06 11:43:26 Mr. Harper moved to suspend the rules and pass the bill. Floor H30300 2 House floor actions 2018-02-05 Referred to the Committee on House Administration, and in addition to the Committees on Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hswm00 Ways and Means Committee 2018-02-05 Referred to the Committee on House Administration, and in addition to the Committees on Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsgo00 Oversight and Accountability Committee 2018-02-05 Referred to the Committee on House Administration, and in addition to the Committees on Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsha00 Committee on House Administration 2018-02-05 Introduced in House IntroReferral Intro-H 9 Library of Congress 2018-02-05 Introduced in House IntroReferral 1000 9 Library of Congress H001045 Rep. Harper, Gregg [R-MS-3] Gregg Harper R MS 3 N B001227 Rep. Brady, Robert A. [D-PA-1] ROBERT BRADY D PA A. 1 2018-02-05 True D000619 Rep. Davis, Rodney [R-IL-13] Rodney Davis R IL 13 2018-02-05 True L000397 Rep. Lofgren, Zoe [D-CA-19] ZOE LOFGREN D CA 19 2018-02-05 True C001105 Rep. Comstock, Barbara [R-VA-10] Barbara Comstock R VA 10 2018-02-05 True R000606 Rep. Raskin, Jamie [D-MD-8] Jamie Raskin D MD 8 2018-02-05 True W000819 Rep. Walker, Mark [R-NC-6] Mark Walker R NC 6 2018-02-05 True S001172 Rep. Smith, Adrian [R-NE-3] Adrian Smith R NE 3 2018-02-05 True L000583 Rep. Loudermilk, Barry [R-GA-11] Barry Loudermilk R GA 11 2018-02-05 True B001289 Rep. Byrne, Bradley [R-AL-1] Bradley Byrne R AL 1 2018-02-05 True S001175 Rep. Speier, Jackie [D-CA-14] Jackie Speier D CA 14 2018-02-05 True D000610 Rep. Deutch, Theodore E. [D-FL-22] Theodore Deutch D FL E. 22 2018-02-05 True B001284 Rep. Brooks, Susan W. [R-IN-5] Susan Brooks R IN W. 5 2018-02-05 True M001194 Rep. Moolenaar, John R. [R-MI-4] John Moolenaar R MI R. 4 2018-02-06 False K000382 Rep. Kuster, Ann M. [D-NH-2] Ann Kuster D NH M. 2 2018-02-06 False N000147 Del. Norton, Eleanor Holmes [D-DC-At Large] ELEANOR NORTON D DC HOLMES 0 2018-02-06 False M001196 Rep. Moulton, Seth [D-MA-6] Seth Moulton D MA 6 2018-02-06 False P000608 Rep. Peters, Scott H. [D-CA-52] Scott Peters D CA H. 52 2018-02-06 False F000466 Rep. Fitzpatrick, Brian K. [R-PA-8] Brian Fitzpatrick R PA K. 8 2018-02-06 False D000624 Rep. Dingell, Debbie [D-MI-12] Debbie Dingell D MI 12 2018-02-06 False J000295 Rep. Joyce, David P. [R-OH-14] David Joyce R OH P. 14 2018-02-06 False M001189 Rep. Messer, Luke [R-IN-6] Luke Messer R IN 6 2018-02-06 False E000293 Rep. Esty, Elizabeth H. [D-CT-5] Elizabeth Esty D CT H. 5 2018-02-06 False P000593 Rep. Perlmutter, Ed [D-CO-7] Ed Perlmutter D CO 7 2018-02-06 False L000565 Rep. Loebsack, David [D-IA-2] David Loebsack D IA 2 2018-02-06 False R000577 Rep. Ryan, Tim [D-OH-13] TIM RYAN D OH 13 2018-02-06 False K000387 Rep. Knight, Stephen [R-CA-25] Stephen Knight R CA 25 2018-02-06 False S001187 Rep. Stivers, Steve [R-OH-15] Steve Stivers R OH 15 2018-02-06 False C001106 Rep. Costello, Ryan A. [R-PA-6] Ryan Costello R PA A. 6 2018-02-06 False R000603 Rep. Rouzer, David [R-NC-7] David Rouzer R NC 7 2018-02-06 False C001077 Rep. Coffman, Mike [R-CO-6] Mike Coffman R CO 6 2018-02-06 False L000567 Rep. Lance, Leonard [R-NJ-7] Leonard Lance R NJ 7 2018-02-06 False L000566 Rep. Latta, Robert E. [R-OH-5] Robert Latta R OH E. 5 2018-02-06 False M001163 Rep. Matsui, Doris O. [D-CA-6] Doris Matsui D CA O. 6 2018-02-06 False S000522 Rep. Smith, Christopher H. [R-NJ-4] CHRISTOPHER SMITH R NJ H. 4 2018-02-06 False C000266 Rep. Chabot, Steve [R-OH-1] STEVE CHABOT R OH 1 2018-02-06 False D000598 Rep. Davis, Susan A. [D-CA-53] SUSAN DAVIS D CA A. 53 2018-02-06 False B001248 Rep. Burgess, Michael C. [R-TX-26] Michael Burgess R TX C. 26 2018-02-06 False W000812 Rep. Wagner, Ann [R-MO-2] Ann Wagner R MO 2 2018-02-06 False Congress Administrative remedies Alternative dispute resolution, mediation, arbitration Asia Assault and harassment offenses China Civil actions and liability Computer security and identity theft Congressional agencies Congressional committees Congressional officers and employees Congressional operations and organization Congressional oversight Employee leave Employment discrimination and employee rights Government employee pay, benefits, personnel management Government ethics and transparency, public corruption Government information and archives Government studies and investigations House Committee on Ethics House of Representatives Human rights Lawyers and legal services Legislative rules and procedure Library of Congress Members of Congress Policy sciences Right of privacy Rule of law and government transparency Senate Senate Select Committee on Ethics Sex offenses Sex, gender, sexual orientation discrimination Worker safety and health Congress 00 2018-02-05 Introduced in House 2018-03-30T15:22:34Z Congressional Accountability Act of 1995 Reform Act

This bill amends the Congressional Accountability Act of 1995 (CAA) to revise administrative and judicial dispute resolution procedures for initiating, investigating, and resolving claims by employees alleging that employing offices have violated their CAA rights and protections, including protections against sexual harassment.

The bill revises CAA provisions, including to:

  • eliminate CAA counseling and mediation requirements before an employee may file a claim with the Office of Compliance (OOC) alleging the violation;
  • require current and former Members of Congress to reimburse the Treasury if an employee receives an award or settlement for the Member's alleged act of discrimination or retaliation;
  • require referral to congressional ethics committees of final disposition of claims alleging CAA violations by Members of Congress and senior staff of employing offices;
  • require non-congressional legislative offices that violate CAA requirements to reimburse the Treasury for resulting award or settlement payments; and
  • extend CAA nondiscrimination requirements and remedies to Library of Congress employees and uncompensated legislative branch interns, detailees, and fellows.

The bill applies CAA rights and protections to the China Review Commission, the Congressional-Executive China Commission, the Helsinki Commission, the John C. Stennis Center for Public Service Training and Development, and their employees.

Non-congressional CAA employing offices must develop programs to train and educate employees about their CAA rights and protections and available procedures to consider alleged CAA violations.

The bill renames the OOC the Office of Congressional Workplace Rights.

]]> 81 2018-02-06 Passed House without amendment 2018-10-15T19:11:59Z Congressional Accountability Act of 1995 Reform Act

TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

Subtitle A--Reform of Procedures for Initiation, Investigation, and Resolution of Claims

(Sec. 101) This bill amends the Congressional Accountability Act of 1995 (CAA) to revise administrative and judicial dispute resolution procedures for certain claims by employees alleging that employing offices have violated their CAA rights and protections, including protections against sexual harassment.

The bill eliminates the requirement that an employee participate in counseling and mediation before filing a claim with the Office of Compliance (OOC) alleging a violation. The OOC must investigate claims. If the OOC finds reasonable cause to believe there was a violation or is unable to make a determination, the OOC must conduct a hearing to consider the claim and render a decision.

Within 45 days after filing the claim, the employee may file a civil action in a U.S. district court. This action terminates the OOC investigation and prohibits subsequent formal hearings regarding the claim.

An employee may also file a civil action within 90 days after being notified by the OOC that the investigation found no reasonable cause to believe that the employing office committed a CAA violation.

After the OOC receives a claim from an employee of the Architect of the Capitol (AOC) or of the Capitol Police alleging a CAA violation, the OOC may recommend that the employee use AOC or Capitol Police grievance procedures for a specific period of time.

(Sec. 102) If the claim alleges that a Member of Congress committed a CAA discrimination or retaliation violation, the OOC must notify the Member of: (1) the possibility that the Member may be required to reimburse the Treasury for awards or settlements in connection with the claim; and (2) the right to intervene in related mediations, hearings, or civil actions.

The OOC must establish an electronic reporting and tracking system for initiating claim proceedings and keeping track of subsequent actions and proceedings.

An employee must file a claim within 180 days after the alleged violation.

(Sec. 103) The OOC is authorized to issue subpoenas without a party's request. Investigation results must be provided to the employee and the employing office. It is the sense of Congress that such subpoenas be issued only if other methods are insufficient to enable the OOC to conclude the investigation and provide the results within 120 days after the filing of the claim.

Any investigative reports concerning allegations of discrimination or retaliation by a Member of Congress must be reported to congressional ethics committees.

At any time during the investigation, the OOC may recommend that the employee and employing office pursue mediation regarding the claim.

(Sec. 104) At any time during the investigation, the employee and employing office may jointly file a request for mediation with the OOC. At their request, the mediation may be extended for one additional 30-day period.

Subtitle B--Other Reforms

(Sec. 111) Current and former Members of Congress must reimburse the Treasury if an employee receives an award or settlement for the Member's alleged act of discrimination or retaliation. Such funds could be withheld from the Member's salary or retirement account if he or she doesn't meet specified payment deadlines.

(Sec. 112) Congressional ethics committees must receive the final disposition of claims alleging CAA violations by Members of Congress and senior staff of employing offices. The disposition must be:

  • an order or agreement to pay an award or settlement, including an agreement reached pursuant to mediation;
  • a final decision of an OOC hearing officer or of the OOC's Board; or
  • a final decision in a civil action of a U.S. district court judge.

(Sec. 113) Upon an employee's request, the employing office may permit the employee to work remotely or grant the employee a paid leave of absence while a claim is pending. These provisions do not override a collective bargaining agreement.

(Sec. 114) All claims and investigations must be confidential.

(Sec. 115) Non-congressional legislative offices that violate CAA requirements must reimburse the Treasury for resulting award or settlement payments.

TITLE II--IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE

(Sec. 201) OOC reporting requirements are modified for claims, awards, and settlements. The OOC must publish specified information about claims, awards, and settlements on its public website.

(Sec. 202) Within one year and biennially thereafter, the OOC must survey employing offices regarding the workplace environment in such offices, including attitudes on sexual harassment. The Library of Congress (LOC) shall be considered an employing office.

(Sec. 203) The OOC shall establish a program for the permanent retention of its records, including those of CAA investigations, mediations, hearings, and other procedures.

(Sec. 204) The Government Accountability Office shall: (1) study, and make recommendations to improve, OOC management practices; and (2) audit, and make recommendations to improve, cybersecurity systems and practices.

TITLE III--MISCELLANEOUS REFORMS

(Sec. 301) CAA nondiscrimination requirements and remedies are extended to uncompensated legislative branch interns, detailees, and fellows.

(Sec. 302) The same requirements and remedies are provided to LOC employees, with a special rule allowing those employees to use LOC alternative grievance procedures.

(Sec. 303) The bill specifies that the CAA applies to the China Review Commission, the Congressional-Executive China Commission, the Helsinki Commission, the John C. Stennis Center for Public Service Training and Development, and their employees.

(Sec. 304) Non-congressional CAA employing offices must develop programs to train and educate employees about their CAA rights and protections.

(Sec. 305) The bill renames the OOC the Office of Congressional Workplace Rights.

TITLE IV--EFFECTIVE DATE

(Sec. 401) The bill takes effect 180 days after enactment.

]]> Congressional Accountability Act of 1995 Reform Act Display Title Congressional Accountability Act of 1995 Reform Act Official Title as Introduced 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. Introduced in House IH Short Titles as Introduced Congressional Accountability Act of 1995 Reform Act Short Titles as Passed House Congressional Accountability Act of 1995 Reform Act H House Referred in Senate 2018-02-07T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr4924rfs/xml/BILLS-115hr4924rfs.xml Engrossed in House 2018-02-06T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr4924eh/xml/BILLS-115hr4924eh.xml Introduced in House 2018-02-05T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr4924ih/xml/BILLS-115hr4924ih.xml 2018-02-07 Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.