[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4396 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 4396
To amend the Congressional Accountability Act of 1995 to reform the
procedures provided under such Act for the investigation and resolution
of allegations 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, to require
the updating of programs of sexual harassment prevention and response
training in employment, to institute biennial employment discrimination
climate surveys, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 15, 2017
Ms. Speier (for herself, Mr. Costello of Pennsylvania, Ms. Kuster of
New Hampshire, Mr. Poliquin, Mr. Fitzpatrick, and Mr. Raskin)
introduced the following bill; which was referred to the Committee on
House Administration
_______________________________________________________________________
A BILL
To amend the Congressional Accountability Act of 1995 to reform the
procedures provided under such Act for the investigation and resolution
of allegations 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, to require
the updating of programs of sexual harassment prevention and response
training in employment, to institute biennial employment discrimination
climate surveys, 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 ``Member and
Employee Training and Oversight On Congress Act'' or the ``ME TOO
Congress 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 PROCEDURES FOR INVESTIGATION AND RESOLUTION OF
COMPLAINTS
Sec. 101. Waiving counseling and mediation as prerequisite for filing
of complaint or civil action.
Sec. 102. Separation of investigative and adjudicative roles in
hearings.
Sec. 103. Victims' Counsel.
Sec. 104. Prohibiting imposition of nondisclosure agreements.
Sec. 105. Availability of remote work assignment or paid leave of
absence during pendency of procedures.
Sec. 106. Electronic reporting system.
Sec. 107. Requiring parties to be separated during mediation at request
of employee.
Sec. 108. Deadline for completion of hearings.
Sec. 109. Clarification of authority of parties to reach agreements
without approval of congressional
committees.
Sec. 110. Modification of rules on confidentiality of proceedings.
TITLE II--IMPROVING TRAINING AND TRANSPARENCY
Sec. 201. Requirements for programs of sexual harassment prevention and
response training in employment.
Sec. 202. Personal liability of Members of Congress for payment of
settlements and awards.
Sec. 203. Reports on complaints and payments.
Sec. 204. Employment discrimination climate surveys of Members and
employees of Congress.
TITLE III--MISCELLANEOUS REFORMS
Sec. 301. Extension to unpaid staff of rights and protections against
employment discrimination.
Sec. 302. Application of whistleblower protection rules.
Sec. 303. Renaming Office of Compliance as Office of Congressional
Workplace Rights.
TITLE IV--EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I--REFORM OF PROCEDURES FOR INVESTIGATION AND RESOLUTION OF
COMPLAINTS
SEC. 101. WAIVING COUNSELING AND MEDIATION AS PREREQUISITE FOR FILING
OF COMPLAINT OR CIVIL ACTION.
(a) Waiving Counseling; Permitting Initial Request To Be Made
Anonymously.--The first sentence of section 402(a) (2 U.S.C. 1402(a))
is amended to read as follows: ``A covered employee alleging a
violation of law made applicable under part A of title II may, at the
option of the covered employee, request counseling by the Office, and
may make the request anonymously.''.
(b) Waiving Mediation.--Section 403(a) (2 U.S.C. 1403(a)) is
amended to read as follows:
``(a) Initiation.--In the case of a covered employee who alleged a
violation of a law and who requested counseling by the Office under
section 402(a), not later than 15 days after receipt by the employee of
notice of the end of the counseling period under such section, the
employee may, at the option of the employee, file a request for
mediation with the Office.''.
(c) Time for Election of Proceeding; Permitting Initial Election To
Be Made Anonymously.--Section 404 (2 U.S.C. 1404) is amended to read as
follows:
``SEC. 404. ELECTION OF PROCEEDING.
``(a) Election.--Not later than the applicable deadline under
subsection (b), a covered employee alleging a violation of a law made
applicable under part A of title II may either--
``(1) file a complaint with the Office in accordance with
section 405; or
``(2) file a civil action in accordance with section 408 in
the United States district court for the district in which the
employee is employed or for the District of Columbia.
``(b) Applicable Deadline.--The applicable deadline under this
subsection is--
``(1) in the case of a covered employee who requests
counseling by the Office under section 402 but who does not
request mediation under section 403, not later than 90 days
after the end of the period of counseling under section 402;
``(2) in the case of a covered employee who requests
counseling by the Office under section 402 and mediation under
section 403, not later than 90 days after the end of the period
of mediation under section 403; or
``(3) in the case of any other covered employee, not later
than 180 days after the date of the alleged violation.''.
(d) Conforming Amendment.--Section 405(a) (2 U.S.C. 1405(a)) is
amended by striking ``, upon the completion of mediation under section
403,''.
SEC. 102. SEPARATION OF INVESTIGATIVE AND ADJUDICATIVE ROLES IN
HEARINGS.
(a) Use of Separate Investigative Authority.--Section 405(e) (2
U.S.C. 1405(e)) is amended to read as follows:
``(e) Investigative Authority.--
``(1) Use of separate authority to conduct
investigations.--The investigation of any complaint filed under
this section shall be carried out by an investigative authority
assigned by the Board, who may be an employee of the Office or
a contractor designated by the Office for purposes of carrying
out investigations under this section, except that the hearing
officer appointed to consider the complaint may not serve as
the investigative authority with respect to the complaint.
``(2) Types of investigations authorized.--
``(A) Initial statement.--The investigative
authority assigned to investigate a complaint may
require the covered employee who filed the complaint to
provide an initial statement which includes the
following information:
``(i) A statement of each specific harm
relating to the complaint that the employee has
suffered and the date on which each harm
occurred.
``(ii) For each such harm, a statement
specifying the act, policy or practice which is
alleged to be in violation of part A of title
II.
``(iii) For each act, policy, or practice
alleged to have harmed the covered employee, a
statement of the facts which led the person
claiming to be aggrieved to believe that the
act, policy or practice is in violation of part
A of title II.
``(B) Fact-finding conference with parties to the
complaint.--As part of its investigation of a
complaint, the investigative authority may require a
fact-finding conference with the parties in order to
define the issues arising from the complaint, to
determine which elements of the complaint are
undisputed, to resolve those issues that can be
resolved, and to ascertain whether there is a basis for
negotiated settlement of the complaint. At the request
of the covered employee involved, the investigative
authority shall ensure that the parties are separated
during this conference.
``(C) Other forms of investigation.--In addition to
the types of investigative activity described in
subparagraphs (A) and (B), the investigative authority
may carry out such other types of investigative
activity with respect to a complaint as it considers
appropriate, including prehearing discovery and the
issuance of subpoenas in accordance with subsection
(f).''.
(b) Conforming Amendments Relating to Subpoena Authority.--Section
405(f) (2 U.S.C. 1405(f)) is amended--
(1) in paragraph (1), by striking ``a hearing officer may
issue subpoenas'' and inserting ``an investigative authority
under subsection (e) may issue subpoenas''; and
(2) in paragraph (2), by striking ``in connection with a
proceeding before a hearing officer'' and inserting ``in
connection with a complaint under this section''.
SEC. 103. VICTIMS' COUNSEL.
(a) Availability of Victims' Counsel.--Title IV (2 U.S.C. 1401 et
seq.) is amended by inserting after section 407 the following new
section:
``SEC. 407A. VICTIMS' COUNSEL.
``(a) Availability of Counsel.--
``(1) In general.--A covered employee who alleges a
violation of part A of title II shall be offered the option of
receiving assistance from a Victims' Counsel under this section
upon--
``(A) the employee's request for counseling by the
Office under section 402, in the case of a covered
employee who makes such a request; or
``(B) the filing by the employee of a complaint
with the Office in accordance with section 405, in the
case of a covered employee who does not make a request
for counseling by the Office under section 402.
``(2) Timing of providing option to receive assistance.--
Prior to requesting any statement from an individual described
in paragraph (1) regarding the allegation made by the
individual (including an individual who makes the allegation
anonymously in requesting counseling under section 402), or
conducting any other form of investigation of the allegation,
the Office shall notify the individual of the availability of
assistance from a Victims' Counsel under this section.
``(3) Continuing availability of assistance.--The Office
shall inform an individual described in paragraph (1) that if
the individual declines the assistance of a Victims' Counsel,
in whole or in part, at the time the assistance is offered
under paragraph (1), the individual may subsequently request
such assistance and such assistance will be provided to the
individual.
``(b) Designation.--
``(1) In general.--The Board shall designate legal counsel,
to be known as `Victims' Counsel', to--
``(A) provide legal assistance in accordance with
this section to a covered employee who alleges a
violation of part A of title II; and
``(B) provide counseling by the Office under
section 402 for a covered employee who alleges a
violation of part A of title II and who requests
counseling under such section.
``(2) Qualifications.--An individual may not be designated
as a Victims' Counsel under this section unless the
individual--
``(A) is an attorney who is a member of the bar of
a Federal court or of the highest court of a State; and
``(B) is certified as competent to be designated as
a Victims' Counsel by the Executive Director.
``(3) Training requirements.--The Office shall--
``(A) establish the baseline training requirements
for a Victims' Counsel; and
``(B) develop a policy to standardize the time
period within which a Victims' Counsel receives
training.
``(4) Authority to provide assistance in any
jurisdiction.--Notwithstanding any law regarding the licensure
of attorneys, a Victims' Counsel who is authorized to provide
assistance under this section is authorized to provide that
assistance in any jurisdiction, subject to such regulations as
may be prescribed by the Office.
``(c) Types of Legal Assistance Authorized.--The types of legal
assistance that a Victims' Counsel may provide to a covered employee
who alleges a violation of part A of title II include the following:
``(1) Legal consultation regarding potential liability,
including criminal liability, arising from or in relation to
the circumstances surrounding the alleged violation and the
covered employee's rights under this Act.
``(2) Legal consultation regarding the responsibilities and
support provided to the covered employee under this Act.
``(3) Legal consultation regarding the potential for civil
litigation against other parties (other than the United States)
arising from the alleged violation.
``(4) Legal consultation regarding procedures under this
Act and procedures applicable to civil actions arising from the
alleged violation, including--
``(A) the roles and responsibilities of the Office,
the House Employment Counsel, and similar authorities;
``(B) any proceedings conducted under this Act or
pursuant to a civil action which the covered employee
may observe;
``(C) the authority of a hearing officer to compel
cooperation and testimony under proceedings held under
section 405; and
``(D) the covered employee's duties relating to
such proceedings, including the responsibility to
testify.
``(5) Representing the covered employee at any proceedings
in connection with the complaint, other than a civil action
under section 406.
``(6) Legal consultation and assistance--
``(A) in personal civil legal matters related to
the covered employee's complaint (other than a civil
action under section 406);
``(B) in any proceedings of the Office, the
Committee on Ethics of the House of Representatives
(including the Office of Congressional Ethics), the
Select Committee on Ethics of the Senate, or any other
administrative or judicial body related to the covered
employee's complaint;
``(C) in understanding the availability of, and
obtaining any protections offered by, protecting or
restraining orders; and
``(D) in understanding the eligibility and
requirements for obtaining any employment or other
benefits under State and Federal victims' compensation
programs.
``(d) Nature of Relationship.--The relationship between a Victims'
Counsel and a covered employee in the provision of legal advice and
assistance under this section shall be the relationship between an
attorney and client''.
(b) Conforming Amendment Relating to Responsibility of Victims'
Counsel To Carry Out Counseling.--Section 402 (2 U.S.C. 1402) is
amended by adding at the end the following new subsection:
``(d) Role of Victims' Counsel.--If a covered employee who requests
counseling under this section also requested the assistance of a
Victims' Counsel under section 407A, the Victims' Counsel assigned to
provide assistance to the employee shall carry out the counseling for
the Office under this section.''.
(c) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 407 the following new
item:
``Sec. 407A. Victims' Counsel.''.
SEC. 104. PROHIBITING IMPOSITION OF NONDISCLOSURE AGREEMENTS.
Section 401 (2 U.S.C. 1401) is amended--
(1) by striking ``Except as otherwise provided'' and
inserting ``(a) Procedures Available.--Except as otherwise
provided''; and
(2) by adding at the end the following new subsection:
``(b) Prohibiting Imposition of Nondisclosure Agreements as
Prerequisite for Procedures.--
``(1) In general.--A nondisclosure agreement may not be
imposed on any party as a condition of the initiation of any of
the procedures available under this title for consideration of
a violation of part A of title II unless the duration of the
agreement is for a finite period of time agreed to by all of
the parties involved, including the covered employee and the
employing office.
``(2) Exceptions.--Nothing in paragraph (1) may be
construed to prohibit the parties to any procedure available
under this title from entering into--
``(A) a nondisclosure agreement agreed to by all of
the parties involved regarding the contents of any
mediation conducted under section 403, so long as the
agreement does not apply after the conclusion of the
mediation; or
``(B) a nondisclosure agreement agreed to by all of
the parties involved as part of the settlement of any
complaint filed with the Office in accordance with
section 405 or any civil action initiated in accordance
with section 408.''.
SEC. 105. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID LEAVE OF
ABSENCE DURING PENDENCY OF PROCEDURES.
Section 401 (2 U.S.C. 1401), as amended by section 104, is further
amended by adding at the end the following new subsection:
``(c) Availability of Remote Work Assignment or Paid Leave of
Absence During Pendency of Procedures.--
``(1) Requirements for employing offices.--
``(A) Remote work assignment.--At the request of a
covered employee who alleges 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 violation,
the employing office shall permit the covered employee
to carry out the employee's responsibilities from a
remote location instead of from the location of the
employing office.
``(B) 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 paragraph cannot carry
out the employee's responsibilities from a remote
location, the employing office shall grant paid leave
of absence to a covered employee during the pendency of
the procedures available under this title for the
covered employee.
``(2) Exclusion from cap on number of employees of office
of member or committee of the house of representatives.--If the
office of a Member or committee of the House of Representatives
grants a covered employee of such office a paid leave of
absence under paragraph (1), during the period in which the
employee is on the paid leave of absence, the employee shall
not be counted among the number of employees of the office--
``(A) in the case of the office of a Member of the
House, for purposes of section 104(a) of the House of
Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5321(a)); or
``(B) in the case of the office of a committee of
the House, for purposes of any rule or regulation of
the House which governs the number of employees the
committee may appoint.
``(3) Exception for arrangements subject to collective
bargaining agreements.--Paragraph (1) 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.''.
SEC. 106. ELECTRONIC REPORTING SYSTEM.
Section 401 (2 U.S.C. 1401), as amended by section 104 and section
105, is further amended by adding at the end the following new
subsection:
``(d) Use of Electronic Reporting 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.''.
SEC. 107. 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,''.
SEC. 108. DEADLINE FOR COMPLETION OF HEARINGS.
(a) In General.--Section 405(g) (2 U.S.C. 1405(g)) is amended by
striking ``90 days after the conclusion of the hearing'' and inserting
``the earlier of 90 days after the conclusion of the hearing or 180
days after the filing of the complaint under subsection (a)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to complaints filed under section 405 of the
Congressional Accountability Act (2 U.S.C. 1405) on or after the date
of the enactment of this Act.
SEC. 109. CLARIFICATION OF AUTHORITY OF PARTIES TO REACH AGREEMENTS
WITHOUT APPROVAL OF CONGRESSIONAL COMMITTEES.
(a) In General.--Section 414 (2 U.S.C. 1414) is amended--
(1) by striking ``Any settlement'' and inserting ``(a)
Criteria for Settlement.--Any settlement''; and
(2) by adding at the end the following new subsection:
``(b) Authority of Parties To Reach Agreements Without Specific
Approval of Committees.--Any counsel representing an employing office
in any proceeding referred to in subsection (a) has the authority to
negotiate the terms and conditions of any settlement of any such
proceeding, including making the final determination of any amount paid
to any party, without the approval of any committee of Congress.''.
(b) Conforming Amendment Relating to Authority of Committees To
Determine Range of Appropriate Settlement Amounts.--Section 414(a) (2
U.S.C. 1414(a)), as amended by subsection (a), is amended by striking
the period at the end and inserting the following: ``, including rules
setting forth a range of appropriate settlement amounts for various
types of violations of this Act or any amendment made by this Act.''.
SEC. 110. MODIFICATION OF RULES ON CONFIDENTIALITY OF PROCEEDINGS.
(a) Counseling.--Section 416(a) (2 U.S.C. 1416(a)) is amended by
striking ``All counseling'' and inserting ``At the request of the
covered employee who requests counseling, all counseling''.
(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''.
TITLE II--IMPROVING TRAINING AND TRANSPARENCY
SEC. 201. REQUIREMENTS FOR PROGRAMS OF SEXUAL HARASSMENT PREVENTION AND
RESPONSE TRAINING IN EMPLOYMENT.
(a) Requirements for Programs.--Section 301 (2 U.S.C. 1381) is
amended by adding at the end the following new subsection:
``(l) Special Requirements for Programs of Sexual Harassment
Prevention and Response Training in Employment.--
``(1) Elements of program.--The Office shall include among
the programs carried out under subsection (h) a program of
sexual harassment prevention and response training in
employment which provides at least one hour of training and
which includes the following elements:
``(A) Practical examples, derived from situations
easily recognizable to employees of the employing
offices involved, which are aimed at instructing
supervisors in the prevention of harassment,
discrimination, and retaliation, and at instructing
employees in how to recognize situations of harassment.
``(B) Information regarding the rights of
employees, the options for reporting complaints, and an
overview of the dispute resolution process.
``(C) Training regarding bystander intervention.
``(D) An overview of the consequences for
perpetrating sexual harassment.
``(E) Information regarding anti-retaliation
policies for witnesses to or individuals who experience
sexual harassment and come forward to report it.
``(F) Interactive methods of instruction which
apply adult learning methodology.
``(2) Additional information for heads of offices and
senior staff.--
``(A) Information described.--In addition to the
program described in paragraph (1), the Office shall
provide specific instruction to the heads of employing
offices (including Members of Congress) and to the
senior staff of employing offices on the following
issues relating to sexual harassment:
``(i) The steps such an individual should
take upon becoming aware of an incident of
sexual harassment involving an employee of the
employing office.
``(ii) The role of the Office in
investigating and responding to incidents of
sexual harassment.
``(iii) The assistance such an individual
may provide to an employee of the employing
office who wishes to report an alleged incident
of sexual harassment to the Office for action
under title IV, including informing the
employee of the employee's rights and
protections under such title, the employee's
options for reporting the incident, and an
overview of the procedures applicable under
such title.
``(iv) The potential liability (including
financial liability) which may arise from such
an incident of sexual harassment, including
from a determination that the failure of the
employing office to respond appropriately to
such an incident is evidence of a hostile work
environment in the employing office.
``(B) Senior staff defined.--In this paragraph, the
term `senior staff' means any individual who is
required to file a report under title I of the Ethics
in Government Act of 1978 (5 U.S.C. App. 101 et seq.).
``(3) Consultation.--In carrying out the program described
in paragraph (1), the Office shall consult with Workplaces
Respond to Domestic and Sexual Violence: A National Resource
Center (also known as `Workplaces Respond'), the nonprofit
nongovernmental entity described in section 41501 of the
Violence Against Women Act of 1994 (34 U.S.C. 12501).
``(4) Definition.--For purposes of this subsection, `sexual
harassment' means any conduct directed at an individual which
consists of unwelcome sexual advances, requests for sexual
favors, any other conduct of a sexual nature, or conduct based
on the individual's sex if such conduct has the purpose or
effect of interfering with the individual's work performance or
creating an intimidating, hostile, or offensive working
environment, or if submission to or rejection of such conduct
by the individual is used as the basis for employment decisions
affecting the individual, or if submission by the individual to
such conduct is made either explicitly or implicitly a term or
condition of the individual's employment.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of the enactment of this Act.
SEC. 202. PERSONAL LIABILITY OF MEMBERS OF CONGRESS FOR PAYMENT OF
SETTLEMENTS AND AWARDS.
Section 415 (2 U.S.C. 1415) is amended by adding at the end the
following new subsection:
``(d) Personal Liability of Members of Congress for Payment of
Settlements and Awards.--If a payment is made from the account
described in subsection (a) for an award or settlement resulting from a
violation of part A of title II which was committed personally by a
Member of Congress, the Member who committed the violation shall
reimburse the account for the amount of the award or settlement.''.
SEC. 203. REPORTS ON COMPLAINTS AND PAYMENTS.
(a) Requiring Submission and Publication of Report.--Section 301(h)
(2 U.S.C. 1381(h)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in addition to compiling and publishing the
statistics described in paragraph (3), not later than 60 days
after the end of each calendar year, submit to Congress and
publish on the Office's public website a report identifying
each employing office with respect to which an award or
settlement was paid during the previous year as the result of
an allegation made of a violation of part A of title II, the
number of such allegations made against the employing office,
and the amount of the award or settlement, except that such
report may not disclose the identity of an individual who made
such an allegation at any time.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to 2017 and each succeeding year.
SEC. 204. EMPLOYMENT DISCRIMINATION CLIMATE SURVEYS OF MEMBERS AND
EMPLOYEES OF CONGRESS.
(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. EMPLOYMENT DISCRIMINATION CLIMATE SURVEYS OF MEMBERS AND
EMPLOYEES OF CONGRESS.
``(a) Requirement To Conduct Surveys.--Not later than 180 days
after the date of the enactment of the ME TOO Congress Act, and every 2
years thereafter, the Office shall conduct a survey of Members of
Congress and congressional staff regarding employment discrimination in
congressional employment, including a survey of the following:
``(1) The prevalence of violations of part A of title II by
offices of the House of Representatives and the Senate.
``(2) The extent to which such violations arise from
discrimination on the basis of sex, race, national origin,
sexual orientation, gender identity, disability, and other
demographic characteristics.
``(3) The existence of a hostile work environment in
offices of Congress.
``(4) Whether congressional staff are able to effectively
exercise the rights and protections provided under this Act,
including the effectiveness of the procedures applicable under
this Act for investigating and punishing violations of part A
of title II.
``(b) Special Requirements for Surveys of Sexual Harassment.--
``(1) In general.--In each survey conducted under this
section, the Office shall survey respondents regarding the
prevalence of and attitudes regarding sexual harassment in
congressional employment, including collecting information
regarding specific incidents of harassment and the context in
which such incidents occurred.
``(2) Compilation of information by various categories.--
The Office shall compile information from the survey on the
basis of various categories of demographic characteristics,
including race, sexual orientation, and age, so that the survey
will report on the rates of incidents of sexual harassment
affecting each such category.
``(3) Consultation; technical assistance.--The Office shall
develop the survey regarding sexual harassment in consultation
with offices of the executive branch which currently conduct
similar surveys of their employees, including the Sexual
Assault Prevention and Response Office of the Department of
Defense, the Office of Violence Against Women of the Department
of Justice, the Merit Systems Protection Board. Additionally,
in developing the survey, the Office shall enter into agreement
to receive technical assistance from Workplaces Respond to
Domestic and Sexual Violence: A National Resource Center (also
known as `Workplaces Respond'), the nonprofit nongovernmental
entity described in section 41501 of the Violence Against Women
Act of 1994 (34 U.S.C. 12501).
``(c) Methodology.--The Office shall conduct each survey under this
section in accordance with the following:
``(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.
``(2) The Office shall design the survey so that it will
take no more than 15 minutes to complete, and so that it may be
taken online through the use of both stationary communication
devices (such as desktop computers) and portable communication
devices (such as cell phones and tablets).
``(3) The Office shall include in the survey a list of
resources available to respondents who wish to get more
information about employment discrimination in congressional
employment, including the services the Office provides to
individuals who allege violations of part A of title II.
``(4) Subject to regulations promulgated by the Committee
on House Administration of the House of Representatives (in the
case of a survey taken by a Member or employee of the House) or
the Committee on Rules and Administration of the Senate (in the
case of a survey taken by a Senator or employee of the Senate),
the Office may offer a de minimis payment to an individual as
an incentive to complete the survey.''.
(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. Employment discrimination climate surveys of Members and
employees of Congress.''.
TITLE III--MISCELLANEOUS REFORMS
SEC. 301. EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS AGAINST
EMPLOYMENT DISCRIMINATION.
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) Intern defined.--The term `intern' means an
individual who performs uncompensated voluntary service for an
employing office 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.''.
SEC. 302. APPLICATION OF WHISTLEBLOWER PROTECTION RULES.
(a) In General.--Part A of title II (2 U.S.C. 1311 et seq.) is
amended--
(1) in the heading, by striking ``fair labor standards,''
and all that follows and inserting ``and other protections and
benefits'';
(2) by redesignating section 207 as section 208; and
(3) by inserting after section 206 the following new
section:
``SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLEBLOWER PROTECTION
RULES.
``(a) Rights and Protections Described.--
``(1) In general.--No employing office may take or fail to
take, or threaten to take or fail to take, a personnel action
(within the meaning of chapter 23 of title 5, United States
Code) with respect to any covered employee or applicant for
employment because of--
``(A) any disclosure of information by a covered
employee or applicant which the employee or applicant
reasonably believes evidences--
``(i) a violation of any law, rule, or
regulation, or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety,
if such disclosure is not specifically prohibited by
law and if such information is not specifically
required by Executive order or the rules of the House
of Representatives or Senate to be kept secret in the
interest of national defense or the conduct of foreign
affairs; or
``(B) any disclosure to the General Counsel, or to
the Inspector General of an executive agency or office
of the legislative branch or another employee
designated by the head of the agency or office to
receive such disclosures, of information which the
employee or applicant reasonably believes evidences--
``(i) a violation of any law, rule, or
regulation, or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety.
``(2) Definitions.--For purposes of this section and for
purposes of applying the procedures established under title IV
for the consideration of alleged violations of this section--
``(A) the term `covered employee' includes an
employee of the Government Accountability Office or the
Library of Congress; and
``(B) the term `employing office' includes the
Government Accountability Office and the Library of
Congress.
``(b) Remedy.--The remedy for a violation of subsection (a) shall
be such remedy as would be appropriate if awarded under chapter 12 of
title 5, United States Code, with respect to a prohibited personnel
practice described in section 2302(b)(8) of such title.
``(c) Regulations To Implement Section.--
``(1) In general.--The Board shall, pursuant to section
304, issue regulations to implement this section.
``(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as the substantive regulations
promulgated by the Merit Systems Protection Board to implement
chapters 12 and 23 of title 5, United States Code, except to
the extent that the Board of Directors may determine, for good
cause shown and stated together with the regulation, that a
modification of such regulations would be more effective for
the implementation of the rights and protections under this
section.''.
(b) Conforming Amendment.--Section 102(a) (2 U.S.C. 1302(a)) is
amended by adding at the end the following new paragraph:
``(12) Section 2302(b)(8) of title 5, United States
Code.''.
(c) Clerical Amendment.--The table of contents for part A of title
II is amended--
(1) in the item relating to part A, by striking ``FAIR
LABOR STANDARDS,'' and all that follows and inserting ``AND
OTHER PROTECTIONS AND BENEFITS'';
(2) by redesignating the item relating to section 207 as
relating to section 208; and
(3) by inserting after the item relating to section 206 the
following:
``Sec. 207. Rights and protections under whistleblower protection
rules.''.
SEC. 303. 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.
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.
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