[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4822 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 4822

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 18, 2018

Mr. Harper (for himself, Mr. Brady of Pennsylvania, Mr. Rodney Davis of 
Illinois, Ms. Lofgren, Mrs. Comstock, Mr. Raskin, Mr. Walker, Mr. Smith 
  of Nebraska, Mr. Loudermilk, Mr. Byrne, Ms. Speier, Mr. Deutch, and 
   Mrs. Brooks of Indiana) introduced the following bill; which was 
 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

_______________________________________________________________________

                                 A BILL


 
  To amend the Congressional Accountability Act of 1995 to reform the 
 procedures provided under such Act for the initiation, investigation, 
    and resolution of claims alleging that employing offices of the 
legislative branch have violated the rights and protections provided to 
 their employees under such Act, including protections against sexual 
                  harassment, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Congressional 
Accountability Act of 1995 Reform Act''.
    (b) References in Act.--Except as otherwise expressly provided, 
whenever in this Act an amendment is expressed in terms of an amendment 
to or repeal of a section or other provision, the reference shall be 
considered to be made to that section or other provision of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; references in Act; table of contents.
            TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

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

Sec. 101. Description of procedures available for consideration of 
                            alleged violations.
Sec. 102. Reform of process for initiation of procedures.
Sec. 103. Investigation of claims by General Counsel.
Sec. 104. Availability of mediation during investigations.
                       Subtitle B--Other Reforms

Sec. 111. Requiring Members of Congress to reimburse Treasury for 
                            amounts paid as settlements and awards in 
                            cases of acts committed personally by 
                            Members.
Sec. 112. Automatic referral to congressional ethics committees of 
                            disposition of certain claims alleging 
                            violations of Congressional Accountability 
                            Act of 1995 involving Members of Congress.
Sec. 113. Availability of remote work assignment or paid leave of 
                            absence during pendency of procedures.
Sec. 114. Modification of rules on confidentiality of proceedings.
Sec. 115. Reimbursement by other employing offices of legislative 
                            branch of payments of certain awards and 
                            settlements.
         TITLE II--IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE

Sec. 201. Semiannual reports on claims, awards, and settlements.
Sec. 202. Workplace climate surveys of employing offices.
Sec. 203. Record retention.
Sec. 204. GAO study of management practices.
Sec. 205. GAO audit of cybersecurity.
                    TITLE III--MISCELLANEOUS REFORMS

Sec. 301. Extension to unpaid staff of rights and protections against 
                            employment discrimination.
Sec. 302. Coverage of employees of Library of Congress.
Sec. 303. Clarification of coverage of employees of Helsinki and China 
                            Commissions.
Sec. 304. Training and education programs of other employing offices.
Sec. 305. Renaming Office of Compliance as Office of Congressional 
                            Workplace Rights.
               TITLE IV--HOUSE OF REPRESENTATIVES REFORMS

Sec. 401. Mandatory anti-harassment and anti-discrimination policies 
                            for House offices.
Sec. 402. Office of Employee Advocacy.
Sec. 403. Functions of Office of House Employment Counsel.
Sec. 404. Requiring inclusion of certifications on payroll 
                            authorization forms of House of 
                            Representatives of no connection between 
                            payroll actions and claims relating to 
                            Congressional Accountability Act of 1995.
Sec. 405. Sexual harassment as violation of House Code of Official 
                            Conduct.
Sec. 406. Sexual relationships between House Members and employees and 
                            unwelcome sexual advances as violation of 
                            House Code of Official Conduct.
Sec. 407. Effect of filing of claim under Congressional Accountability 
                            Act of 1995 on authority of Office of 
                            Congressional Ethics to consider claims.
Sec. 409. Exercise of rulemaking authority.
                        TITLE V--EFFECTIVE DATE

Sec. 501. Effective date.

            TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

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

SEC. 101. DESCRIPTION OF PROCEDURES AVAILABLE FOR CONSIDERATION OF 
              ALLEGED VIOLATIONS.

    (a) Procedures Described.--Section 401 (2 U.S.C. 1401) is amended 
to read as follows:

``SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

    ``(a) Filing and Investigation of Claims.--Except as otherwise 
provided, the procedure for consideration of an alleged violation of 
part A of title II consists of--
            ``(1) the filing of a claim by the covered employee 
        alleging the violation, as provided in section 402;
            ``(2) an investigation of the claim, to be conducted by the 
        General Counsel as provided in section 403; and
            ``(3) a formal hearing as provided in section 405, subject 
        to Board review as provided in section 406, and judicial review 
        in the United States Court of Appeals for the Federal Circuit 
        as provided in section 407, but only if, pursuant to an 
        investigation conducted by the General Counsel as provided in 
        section 403, the General Counsel finds either--
                    ``(A) that there is reasonable cause to believe 
                that the employing office involved committed a 
                violation of part A of title II as alleged in the 
                covered employee's claim; or
                    ``(B) that the General Counsel cannot determine 
                whether or not there is reasonable cause to believe 
                that the employing office committed a violation of part 
                A of title II as alleged in the covered employee's 
                claim.
    ``(b) Right of Employee To File Civil Action.--
            ``(1) Civil action.--A covered employee who files a claim 
        as provided in section 402 may, during the period described in 
        paragraph (3), file a civil action in a District Court of the 
        United States with respect to the alleged violation involved, 
        as provided in section 408.
            ``(2) Effect of filing civil action.--Notwithstanding 
        paragraph (2) or paragraph (3) of subsection (a), if the 
        covered employee files such a civil action--
                    ``(A) the investigation of the claim by the General 
                Counsel as provided in section 403, or any subsequent 
                formal hearing as provided in section 405, shall 
                terminate upon the filing of the action by the covered 
                employee; and
                    ``(B) the procedure for consideration of the 
                alleged violation shall not include any further 
                investigation of the claim by the General Counsel as 
                provided in section 403 or any subsequent formal 
                hearing as provided in section 405.
            ``(3) Period for filing civil action.--The period described 
        in this paragraph with respect to a claim is the 30-day period 
        which begins on the date the covered employee files the claim 
        under section 402.
            ``(4) Special rule for employees receiving finding of no 
        reasonable cause under investigation by general counsel.--
        Notwithstanding paragraph (3), if a covered employee receives a 
        written notice from the General Counsel under section 403(c)(3) 
        that the employee has the right to file a civil action with 
        respect to the claim in accordance with section 408, the 
        covered employee may file the civil action not later than 90 
        days after receiving such written notice.
    ``(c) Special Rule for Architect of the Capitol and Capitol 
Police.--In the case of an employee of the Office of the Architect of 
the Capitol or of the Capitol Police, the Office, after receiving a 
claim filed under section 402, may recommend that the employee use the 
grievance procedures of the Architect of the Capitol or the Capitol 
Police for resolution of the employee's grievance for a specific period 
of time.
    ``(d) Rights of Parties To Retain Private Counsel.--Nothing in this 
title may be construed to limit the authority of any individual, 
including a covered employee, the head of an employing office, or an 
individual who is alleged to have personally committed an act which 
consists of a violation of part A of title II to retain counsel to 
protect the interests of the individual at any point during any of the 
procedures provided under this title for the consideration of an 
alleged violation of part A of title II, including as provided under 
section 415(d)(7) with respect to Members of the House of 
Representatives and Senators.
    ``(e) Standards for Counsel Providing Representation.--Any counsel 
who represents a party in any of the procedures provided under this 
title shall have an obligation to ensure that, to the best of the 
counsel's knowledge, information, and belief, as formed after an 
inquiry which is reasonable under the circumstances, each of the 
following is correct:
            ``(1) No pleading, written motion, or other paper is 
        presented for any improper purpose, such as to harass, cause 
        unnecessary delay, or needlessly increase the cost of 
        resolution of the matter.
            ``(2) The claims, defenses, and other legal contentions the 
        counsel advocates are warranted by existing law or by a 
        nonfrivolous argument for extending, modifying, or reversing 
        existing law or for establishing new law.
            ``(3) The factual contentions have evidentiary support or, 
        if specifically so identified, will likely have evidentiary 
        support after a reasonable opportunity for further 
        investigation or discovery.
            ``(4) The denials of factual contentions are warranted on 
        the evidence or, if specifically so identified, are reasonably 
        based on belief or a lack of information.''.
    (b) Conforming Amendment Relating to Civil Action.--Section 408 (2 
U.S.C. 1408) is amended--
            (1) by striking ``section 404'' and inserting ``section 
        401'';
            (2) by striking ``who has completed counseling under 
        section 402 and mediation under section 403''; and
            (3) by striking the second sentence.
    (c) Other Conforming Amendments.--Title IV is amended--
            (1) by striking section 404 (2 U.S.C. 1404); and
            (2) by redesignating section 403 (2 U.S.C. 1403) as section 
        404.
    (d) Clerical Amendments.--The table of contents is amended--
            (1) by striking the item relating to section 404; and
            (2) by redesignating the item relating to section 403 as 
        relating to section 404.

SEC. 102. REFORM OF PROCESS FOR INITIATION OF PROCEDURES.

    (a) Initiation of Procedures.--Section 402 (2 U.S.C. 1402) is 
amended to read as follows:

``SEC. 402. INITIATION OF PROCEDURES.

    ``(a) Intake of Claim by Office.--To commence a proceeding under 
this title, a covered employee alleging a violation of law made 
applicable under part A of title II shall file a claim with the Office. 
The claim shall be made in writing under oath or affirmation, and shall 
be in such form as the Office requires.
    ``(b) Initial Processing of Claim.--Upon the filing of a claim by a 
covered employee under subsection (a), the Office shall take such steps 
as may be necessary for the initial intake and recording of the claim, 
including providing the employee with all relevant information with 
respect to the rights of the employee under this title, and shall 
notify the head of the employing office of the claim.
    ``(c) Use of Electronic Reporting and Tracking System.--
            ``(1) Establishment and operation of system.--The Office 
        shall establish and operate an electronic reporting system 
        through which a covered employee may initiate a proceeding 
        under this title, and which will keep an electronic record of 
        the date and time at which the proceeding is initiated and will 
        track all subsequent actions or proceedings occurring with 
        respect to the proceeding under this title.
            ``(2) Accessibility to all parties.--The system shall be 
        accessible to all parties to such actions or proceedings, but 
        only until the completion of such actions or proceedings.
    ``(d) Deadline.--A covered employee may not file a claim under this 
section with respect to an allegation of a violation of law after the 
expiration of the 180-day period which begins on the date of the 
alleged violation.
    ``(e) No Effect on Ability of Covered Employee To Seek Information 
From Office or Pursue Relief.--Nothing in this section may be construed 
to limit the ability of a covered employee--
            ``(1) to contact the Office or any other appropriate office 
        prior to filing a claim under this section to seek information 
        regarding the employee's rights under this Act and the 
        procedures available under this title;
            ``(2) in the case of a covered employee of an employing 
        office of the House of Representatives or Senate, to refer 
        information regarding an alleged violation of part A of title 
        II to the Committee on Ethics of the House of Representatives 
        or the Select Committee on Ethics of the Senate (as the case 
        may be); or
            ``(3) to file a civil action in accordance with section 
        401(b).''.
    (b) Clerical Amendment.--The table of contents is amended by 
amending the item relating to section 402 to read as follows:

``Sec. 402. Initiation of procedures.''.

SEC. 103. INVESTIGATION OF CLAIMS BY GENERAL COUNSEL.

    (a) Investigations Described.--Title IV (2 U.S.C. 1401 et seq.), as 
amended by section 101(b), is further amended by inserting after 
section 402 the following new section:

``SEC. 403. INVESTIGATION OF CLAIMS.

    ``(a) Investigation.--Upon the completion of the initial processing 
of a claim under section 402(b), the General Counsel shall conduct an 
investigation of the claim involved.
    ``(b) Subpoenas.--To carry out an investigation under this section, 
the General Counsel may issue subpoenas in the same manner, and subject 
to the same terms and conditions, as a hearing officer may issue 
subpoenas to carry out discovery with respect to a hearing under 
section 405, except that the General Counsel may issue such a subpoena 
on the General Counsel's own initiative, without regard to whether or 
not a party requests that the General Counsel issue the subpoena. It is 
the sense of Congress that the General Counsel should issue subpoenas 
under this subsection only to the extent that other methods of 
obtaining information with respect to an investigation are insufficient 
to enable the General Counsel to conclude the investigation within the 
deadline described in subsection (e).
    ``(c) Report; Findings.--
            ``(1) Report.--Upon concluding an investigation of a claim 
        under this section, the General Counsel shall transmit a 
        written report on the results of the investigation to the 
        covered employee and the employing office involved.
            ``(2) Inclusion of findings.--The General Counsel shall 
        include in the report transmitted under paragraph (1) one of 
        the following findings:
                    ``(A) A finding that there is reasonable cause to 
                believe that the employing office committed a violation 
                of part A of title II, as alleged in the covered 
                employee's claim.
                    ``(B) A finding that there is no reasonable cause 
                to believe that the employing office committed a 
                violation of part A of title II, as alleged in the 
                covered employee's claim.
                    ``(C) A finding that the General Counsel cannot 
                determine whether or not there is reasonable cause to 
                believe that the employing office committed a violation 
                of part A of title II, as alleged in the covered 
                employee's claim.
            ``(3) Notice of right to file civil action.--If the General 
        Counsel transmits a finding under subparagraph (B) of paragraph 
        (2), the General Counsel shall also transmit to the covered 
        employee a written notice that the employee has the right to 
        file a civil action with respect to the claim under section 
        408.
            ``(4) Transmission to executive director.--If the General 
        Counsel transmits a finding under subparagraph (A) or 
        subparagraph (C) of paragraph (2), the General Counsel shall 
        also transmit the report to the Executive Director.
            ``(5) Transmission of report on investigation of certain 
        claims to congressional ethics committees.--In the case of a 
        report furnished under paragraph (1) on the results of an 
        investigation of a claim alleging a violation of section 201(a) 
        which consists of an act committed personally by a Member of 
        the House of Representatives (including a Delegate or Resident 
        Commissioner to the Congress) or a Senator, the General Counsel 
        shall transmit the report to--
                    ``(A) the Committee on Ethics of the House of 
                Representatives, in the case of a Member of the House 
                (including a Delegate or Resident Commissioner to the 
                Congress); or
                    ``(B) the Select Committee on Ethics of the Senate, 
                in the case of a Senator.
    ``(d) Recommendation of Mediation.--At any time during the 
investigation of a claim under this section, the General Counsel may 
make a recommendation that the covered employee and the employing 
office pursue mediation under section 404 with respect to the claim.
    ``(e) Deadline for Concluding Investigation.--The General Counsel 
shall conclude the investigation of a claim under this subsection, and 
transmit the report on the results of the investigation, not later than 
90 days after the claim is filed under section 402, except that the 
General Counsel may (upon notice to the parties to the investigation) 
use an additional period of not to exceed 30 days to conclude the 
investigation.''.
    (b) Conforming Amendments Relating to Hearings Conducted by Office 
of Compliance.--Section 405 (2 U.S.C. 1405) is amended as follows:
            (1) In the heading, by striking ``complaint and''.
            (2) By amending subsection (a) to read as follows:
    ``(a) Requirement for Office To Conduct Hearings.--
            ``(1) Hearing required upon certain findings by general 
        counsel.--
                    ``(A) In general.--If the General Counsel transmits 
                to the Executive Director a report on the investigation 
                of a claim under section 403 which includes a finding 
                described in subparagraph (B), the Office shall conduct 
                a hearing to consider the claim and render a decision.
                    ``(B) Findings described.--A finding described in 
                this subparagraph is--
                            ``(i) a finding under section 403(c)(2)(A) 
                        that there is reasonable cause to believe that 
                        an employing office committed a violation of 
                        part A of title II, as alleged in a claim filed 
                        by a covered employee; or
                            ``(ii) a finding under section 403(c)(2)(C) 
                        that the General Counsel cannot determine 
                        whether or not there is reasonable cause to 
                        believe that the employing office committed a 
                        violation of part A of title II, as alleged in 
                        the covered employee's claim.''.
            (3) In subsection (c)(1), by striking ``complaint'' and 
        inserting ``claim''.
            (4) In subsection (d) in the matter preceding paragraph 
        (1), by striking ``complaint'' and inserting ``claim''.
            (5) In subsection (d)(2), by striking ``no later than 60 
        days after filing of the complaint'' and inserting ``no later 
        than 60 days after the Executive Director receives the General 
        Counsel's report on the investigation of the claim''.
            (6) In subsection (g), by striking ``complaint'' and 
        inserting ``claim''.
    (c) Other Conforming Amendment.--The heading of section 414 (2 
U.S.C. 1414) is amended by striking ``of complaints''.
    (d) Clerical Amendments.--The table of contents, as amended by 
section 101(c), is further amended as follows:
            (1) By inserting after the item relating to section 402 the 
        following new item:

``Sec. 403. Investigation of claims.''.
            (2) By amending the item relating to section 405 to read as 
        follows:

``Sec. 405. Hearing.''.
            (3) By amending the item relating to section 414 to read as 
        follows:

``Sec. 414. Settlement.''.

SEC. 104. AVAILABILITY OF MEDIATION DURING INVESTIGATIONS.

    (a) Option To Request Mediation.--Section 404(a) (2 U.S.C. 
1404(a)), as redesignated by section 101(c), is amended to read as 
follows:
    ``(a) Availability of Mediation During Investigation.--At any time 
during the investigation of a covered employee's claim under section 
403, the covered employee and the employing office may jointly file a 
request for mediation with the Office.''.
    (b) Period of Mediation.--The second sentence of section 404(c) (2 
U.S.C. 1404(c)), as redesignated by section 101(c), is amended to read 
as follows: ``The mediation period may be extended for one additional 
period of 30 days at the joint request of the covered employee and 
employing office.''.
    (c) Requiring Parties To Be Separated During Mediation at Request 
of Employee.--Section 404(b)(2) (2 U.S.C. 1404(b)(2)), as redesignated 
by section 101(c), is amended by striking ``meetings with the parties 
separately or jointly'' and inserting ``meetings with the parties 
during which, at the request of the covered employee, the parties shall 
be separated,''.

                       Subtitle B--Other Reforms

SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR 
              AMOUNTS PAID AS SETTLEMENTS AND AWARDS IN CASES OF ACTS 
              COMMITTED PERSONALLY BY MEMBERS.

    (a) Mandating Reimbursement of Amounts Paid.--Section 415 (2 U.S.C. 
1415) is amended by adding at the end the following new subsection:
    ``(d) Reimbursement by Members of Congress of Amounts Paid as 
Settlements and Awards.--
            ``(1) Reimbursement required for certain violations.--
                    ``(A) In general.--If a payment is made from the 
                account described in subsection (a) for an award or 
                settlement in connection with a claim alleging a 
                violation described in subparagraph (B) which consists 
                of an act committed personally by an individual who, at 
                the time of committing the act, was a Member of the 
                House of Representatives (including a Delegate or 
                Resident Commissioner to the Congress) or a Senator, 
                the individual shall reimburse the account for the 
                amount of the award or settlement.
                    ``(B) Violations described.--A violation described 
                in this subparagraph is--
                            ``(i) a violation of section 201(a); or
                            ``(ii) a violation of section 207 which 
                        consists of intimidating, taking reprisal 
                        against, or otherwise discriminating against 
                        any covered employee because the covered 
                        employee has opposed any practice made unlawful 
                        by section 201(a).
            ``(2) Withholding amounts from salary.--
                    ``(A) Establishment of timetable and procedures by 
                committees.--For purposes of carrying out subparagraph 
                (B), the applicable Committee shall establish a 
                timetable and procedures for the withholding of amounts 
                from the compensation of an individual who is a Member 
                of the House of Representatives or a Senator.
                    ``(B) Deadline.--The payroll administrator shall 
                withhold from an individual's compensation and transfer 
                to the account described in subsection (a) (after 
                transferring any amounts to the account of the 
                individual in the Thrift Savings Fund) such amounts as 
                may be necessary to reimburse the account for the 
                payment of an award or settlement described in 
                paragraph (1) if the individual has not reimbursed the 
                account as required under paragraph (1) prior to the 
                expiration of the 90-day period which begins on the 
                date a payment is made from the account for such an 
                award or settlement.
                    ``(C) Applicable committee defined.--In this 
                paragraph, the `applicable Committee' means--
                            ``(i) the Committee on House Administration 
                        of the House of Representatives, in the case of 
                        an individual who, at the time of the 
                        withholding, is a Member of the House; or
                            ``(ii) the Committee on Rules and 
                        Administration of the Senate, in the case of an 
                        individual who, at the time of the withholding, 
                        is a Senator.
            ``(3) Use of amounts in thrift savings fund as source of 
        reimbursement.--
                    ``(A) In general.--If, by the expiration of the 
                180-day period which begins on the date a payment is 
                made from the account described in subsection (a) for 
                an award or settlement described in paragraph (1), an 
                individual who is a Member of the House of 
                Representatives or a Senator has not reimbursed the 
                account as required under paragraph (1), the Executive 
                Director of the Federal Retirement Thrift Investment 
                Board shall make a transfer, from the account of the 
                individual in the Thrift Savings Fund to the account 
                described in subsection (a), of an amount equal to the 
                award or settlement (reduced by any amount the 
                individual has reimbursed, taking into account any 
                amounts withheld under paragraph (2)).
                    ``(B) Initiation of transfer.--A transfer under 
                subparagraph (A) shall be initiated by a written 
                request to the Executive Director from the Secretary of 
                the Treasury in the form and manner required by the 
                Executive Director.
            ``(4) Notification to office of personnel management and 
        secretary of the treasury.--If, at the time an individual is 
        first no longer receiving compensation as a Member or a 
        Senator, the amounts withheld under this subsection have not 
        been sufficient to reimburse the account described in 
        subsection (a) for an award or settlement described in 
        paragraph (1), the payroll administrator--
                    ``(A) shall notify the Director of the Office of 
                Personnel Management, who shall take such actions as 
                the Director considers appropriate to withhold from any 
                annuity payable to the individual under chapter 83 or 
                chapter 84 of title 5, United States Code, and transfer 
                to the account described in subsection (a), such 
                amounts as may be necessary to reimburse the account 
                for the payment; and
                    ``(B) shall notify the Secretary of the Treasury, 
                who (if necessary), notwithstanding section 207 of the 
                Social Security Act (42 U.S.C. 407), shall take such 
                actions as the Secretary of the Treasury considers 
                appropriate to withhold from any payment to the 
                individual under title II of the Social Security Act 
                and transfer to the account described in subsection 
                (a), such amounts as may be necessary to reimburse the 
                account for the payment.
            ``(5) Coordination between opm and treasury.--The Director 
        of the Office of Personnel Management and the Secretary of the 
        Treasury shall carry out paragraph (4) in a manner that ensures 
        the coordination of the withholding and transferring of amounts 
        under such paragraph, in accordance with regulations 
        promulgated by the Director and the Secretary.
            ``(6) Payroll administrator defined.--In this section, the 
        term `payroll administrator' means--
                    ``(A) in the case of an individual who is a Member 
                of the House of Representatives, the Chief 
                Administrative Officer of the House of Representatives, 
                or an employee of the Office of the Chief 
                Administrative Officer who is designated by the Chief 
                Administrative Officer to carry out this subsection; or
                    ``(B) in the case of an individual who is a 
                Senator, the Secretary of the Senate, or an employee of 
                the Office of the Secretary of the Senate who is 
                designated by the Secretary to carry out this 
                subsection.
            ``(7) Right to intervene.--An individual who is subject to 
        the reimbursement requirement of this subsection shall have the 
        right to intervene in any mediation, hearing, or civil action 
        under this title to the extent necessary to protect the 
        interests of the individual in the determination of whether an 
        award or settlement described in paragraph (1) should be made, 
        and the amount of any such award or settlement, except that 
        nothing in this paragraph may be construed to require the 
        covered employee who filed the claim to be deposed by counsel 
        for the individual in a deposition which is separate from any 
        other deposition taken from the employee in connection with the 
        hearing or civil action.''.
    (b) Conforming Amendment Relating to Thrift Savings Fund.--Section 
8437(e) of title 5, United States Code, is amended by striking ``or an 
obligation'' and inserting the following: ``an obligation of the 
Executive Director to make a transfer under section 415(d)(3) of the 
Congressional Accountability Act of 1995, or an obligation''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to payments made on or after the date of the 
enactment of this Act.

SEC. 112. AUTOMATIC REFERRAL TO CONGRESSIONAL ETHICS COMMITTEES OF 
              DISPOSITION OF CERTAIN CLAIMS ALLEGING VIOLATIONS OF 
              CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 INVOLVING 
              MEMBERS OF CONGRESS.

    Section 416(e) (2 U.S.C. 1416(d)) is amended to read as follows:
    ``(e) Automatic Referrals to Congressional Ethics Committees of 
Dispositions of Claims Involving Members of Congress.--
            ``(1) Referral.--Upon the final disposition under this 
        title of a claim alleging a violation described in section 
        415(d)(1)(B) which consists of an act committed personally by a 
        Member of the House of Representatives (including a Delegate or 
        Resident Commissioner to the Congress) or a Senator, the 
        Executive Director shall refer the claim to--
                    ``(A) the Committee on Ethics of the House of 
                Representatives, in the case of a Member of the House 
                (including a Delegate or Resident Commissioner to the 
                Congress); or
                    ``(B) the Select Committee on Ethics of the Senate, 
                in the case of a Senator.
            ``(2) Access to records and information.--If the Executive 
        Director refers a claim to a Committee under paragraph (1), the 
        Executive Director shall provide the Committee with access to 
        the records of any investigations, hearings, or decisions of 
        the hearing officers and the Board under this title, and any 
        information relating to an award or settlement paid, in 
        response to such claim.
            ``(3) Protection of personally identifiable information.--
        If a Committee to which a claim is referred under paragraph (1) 
        issues a report with respect to the claim, the Committee shall 
        ensure that the report does not directly disclose the identity 
        or position of the individual who filed the claim.
            ``(4) Final disposition described.--In this subsection, the 
        `final disposition' of a claim means any of the following:
                    ``(A) An order or agreement to pay an award or 
                settlement.
                    ``(B) A final decision of a hearing officer under 
                section 405(g).
                    ``(C) A final decision of the Board under section 
                406(e).
                    ``(D) A final decision in a civil action under 
                section 408.''.

SEC. 113. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID LEAVE OF 
              ABSENCE DURING PENDENCY OF PROCEDURES.

    (a) In General.--Title IV (2 U.S.C. 1401 et seq.) is amended by 
adding at the end the following new section:

``SEC. 417. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID LEAVE OF 
              ABSENCE DURING PENDENCY OF PROCEDURES.

    ``(a) Options for Employees.--
            ``(1) Remote work assignment.--At the request of a covered 
        employee who files a claim alleging a violation of part A of 
        title II by the covered employee's employing office, during the 
        pendency of any of the procedures available under this title 
        for consideration of the claim, the employing office may permit 
        the covered employee to carry out the employee's 
        responsibilities from a remote location instead of from the 
        location of the employing office.
            ``(2) Exception for work assignments required to be carried 
        out onsite.--If, in the determination of the covered employee's 
        employing office, a covered employee who makes a request under 
        this subsection cannot carry out the employee's 
        responsibilities from a remote location, the employing office 
        may grant paid leave of absence to a covered employee during 
        the pendency of the procedures available under this title for 
        the covered employee.
            ``(3) Ensuring no retaliation.--An employing office may not 
        grant a covered employee's request under this subsection in a 
        manner which would constitute reprisal or retaliation under 
        section 207.
    ``(b) Exception for Arrangements Subject to Collective Bargaining 
Agreements.--Subsection (a) does not apply to the extent that it is 
inconsistent with the terms and conditions of any collective bargaining 
agreement which is in effect with respect to an employing office.''.
    (b) Clerical Amendment.--The table of contents is amended by adding 
at the end of the items relating to tile IV the following new item:

``Sec. 417. Availability of remote work assignment or paid leave of 
                            absence during pendency of procedures.''.

SEC. 114. MODIFICATION OF RULES ON CONFIDENTIALITY OF PROCEEDINGS.

    (a) Claims and Investigations.--Section 416(a) (2 U.S.C. 1416(a)) 
is amended to read as follows:
    ``(a) Claims and Investigations.--The filing of a claim under 
section 402 and any investigation of a claim under section 403 shall be 
confidential. Nothing in this subsection may be construed to prohibit a 
covered employee or an employing office from disclosing any information 
related to the claim (including information related to the defense of 
the claim) in the course of any proceeding under this title.''.
    (b) Mediation.--Section 416(b) (2 U.S.C. 1416(b)) is amended by 
striking ``All mediation'' and inserting ``All information discussed or 
disclosed in the course of any mediation''.

SEC. 115. REIMBURSEMENT BY OTHER EMPLOYING OFFICES OF LEGISLATIVE 
              BRANCH OF PAYMENTS OF CERTAIN AWARDS AND SETTLEMENTS.

    (a) Requiring Reimbursement.--Section 415 (2 U.S.C. 1415), as 
amended by section 111, is further amended by adding at the end the 
following new subsection:
    ``(e) Reimbursement by Employing Offices.--
            ``(1) Notification of payments made from account.--As soon 
        as practicable after the Executive Director is made aware that 
        a payment of an award or settlement under this chapter has been 
        made from the account described in subsection (a) in connection 
        with a claim alleging a violation of section 201(a) by an 
        employing office (other than an employing office of the House 
        of Representatives or an employing office of the Senate), the 
        Executive Director shall notify the head of the employing 
        office that the payment has been made, and shall include in the 
        notification a statement of the amount of the payment.
            ``(2) Reimbursement by office.--Not later than 180 days 
        after receiving a notification from the Executive Director 
        under paragraph (1), the head of the employing office involved 
        shall transfer to the account described in subsection (a), out 
        of any funds available for operating expenses of the office, a 
        payment equal to the amount specified in the notification.
            ``(3) Timetable and procedures for reimbursement.--The head 
        of an employing office shall transfer a payment under paragraph 
        (2) in accordance with such timetable and procedures as may be 
        established under regulations promulgated by the Office.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to payments made under section 415 of the 
Congressional Accountability Act of 1995 on or after the date of the 
enactment of this Act.

         TITLE II--IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE

SEC. 201. SEMIANNUAL REPORTS ON CLAIMS, AWARDS, AND SETTLEMENTS.

    (a) Requiring Submission and Publication of Reports.--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 45 days 
        after the first 6-month period of each calendar year, and not 
        later than 45 days after the next 6-month period of each 
        calendar year, submit to Congress and publish on the Office's 
        public website a report listing each award or settlement which 
        was paid during the previous year from the account described in 
        section 415(a) as the result of a claim alleging a violation of 
        part A of title II, including the employing office involved, 
        the amount of the award or settlement, the provision of part A 
        of title II which was the subject of the claim, and (in the 
        case of an award or settlement resulting from a violation 
        described in section 415(d)(1)(B) which was committed 
        personally by a Member or former Member of Congress), whether 
        the Member or former Member has met the requirement of section 
        415(d) to reimburse the account for the amount of the award or 
        settlement, except that such report may not disclose the 
        identity or position of an individual who filed the claim.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to 2018 and each succeeding year.

SEC. 202. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES.

    (a) Requiring Surveys.--Title III (2 U.S.C. 1381 et seq.) is 
amended by adding at the end the following new section:

``SEC. 307. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES.

    ``(a) Requirement To Conduct Surveys.--Not later than 1 year after 
the date of the enactment of this section, and every 2 years 
thereafter, the Office shall conduct a survey of employing offices 
under this Act regarding the workplace environment of such offices.
    ``(b) Special Inclusion of Information on Sexual Harassment.--In 
each survey conducted under this section, the Office shall survey 
respondents on attitudes regarding sexual harassment.
    ``(c) Methodology.--
            ``(1) In general.--The Office shall conduct each survey 
        under this section in accordance with methodologies established 
        by the Office.
            ``(2) Confidentiality.--Under the methodologies established 
        under paragraph (1), all responses to all portions of the 
        survey shall be anonymous and confidential, and each respondent 
        shall be told throughout the survey that all responses shall be 
        anonymous and confidential.
    ``(d) Use of Results of Surveys.--The Office shall furnish the 
information obtained from the surveys conducted under this section to 
the Committee on House Administration of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate.
    ``(e) Consultation With Committees.--The Office shall carry out 
this section, including establishment of methodologies and procedures 
under subsection (c), in consultation with the Committee on House 
Administration of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate.
    ``(f) Inclusion of Library of Congress.--For purposes of this 
section, the Library of Congress shall be considered an employing 
office.''.
    (b) Clerical Amendment.--The table of contents is amended by adding 
at the end of the items relating to title III the following new item:

``Sec. 307. Workplace climate surveys of employing offices.''.

SEC. 203. RECORD RETENTION.

    Section 301 (2 U.S.C. 1381) is amended by adding at the end the 
following new subsection:
    ``(l) Record Retention.--The Office shall establish and maintain a 
program for the permanent retention of its records, including the 
records of investigations, mediations, hearings, and other proceedings 
conducted under title IV.''.

SEC. 204. GAO STUDY OF MANAGEMENT PRACTICES.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the management practices of the Office of 
Compliance.
    (b) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on the study conducted under 
subsection (a), and shall include in the report such recommendations as 
the Comptroller General considers appropriate for improvements to the 
management practices of the Office of Compliance.

SEC. 205. GAO AUDIT OF CYBERSECURITY.

    (a) Audit.--The Comptroller General of the United States shall 
conduct an audit of the cybersecurity systems and practices of the 
Office of Compliance.
    (b) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on the audit conducted under 
subsection (a), and shall include in the report such recommendations as 
the Comptroller General considers appropriate for improvements to the 
cybersecurity systems and practices of the Office of Compliance.

                    TITLE III--MISCELLANEOUS REFORMS

SEC. 301. EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS AGAINST 
              EMPLOYMENT DISCRIMINATION.

    (a) Extension.--Section 201 (2 U.S.C. 1311) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Application to Unpaid Staff.--
            ``(1) In general.--Subsections (a) and (b) shall apply with 
        respect to any staff of an employing office who carry out 
        official duties of the employing office but who are not paid by 
        the employing office for carrying out such duties, including an 
        intern (including an applicant for an internship and a former 
        intern), an individual detailed to an employing office, and an 
        individual participating in a fellowship program, in the same 
        manner and to the same extent as such subsections apply with 
        respect to an employee.
            ``(2) Rule of construction.--Nothing in paragraph (1) may 
        be construed to extend liability for a violation of subsection 
        (a) to an employing office on the basis of an action taken by 
        any person who is not under the supervision or control of the 
        employing office.
            ``(3) Intern defined.--The term `intern' means an 
        individual who performs service for an employing office which 
        is uncompensated by the United States to earn credit awarded by 
        an educational institution or to learn a trade or occupation, 
        and includes any individual participating in a page program 
        operated by any House of Congress.''.
    (b) Technical Correction Relating to Office Responsible for 
Disbursement of Pay to House Employees.--Section 101(7) (2 U.S.C. 
1301(7)) is amended by striking ``disbursed by the Clerk of the House 
of Representatives'' and inserting ``disbursed by the Chief 
Administrative Officer of the House of Representatives''.

SEC. 302. COVERAGE OF EMPLOYEES OF LIBRARY OF CONGRESS.

    (a) Coverage for Purposes of Protections Against Workplace 
Discrimination.--Section 201 (2 U.S.C. 1311), as amended by section 
301(a), is further amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Coverage of Library of Congress.--For purposes of this 
section--
            ``(1) the Library of Congress shall be considered an 
        employing office; and
            ``(2) the employees of the Library of Congress shall be 
        considered covered employees.''.
    (b) Conforming Amendment Relating to Special Rule for Available 
Procedures.--Section 401(c) (2 U.S.C. 1401(c)), as amended by section 
101(a), is amended--
            (1) in the heading, by striking ``Architect of the Capitol 
        and Capitol Police'' and inserting ``Architect of the Capitol, 
        Capitol Police, and Library of Congress''; and
            (2) by striking ``the Office of the Architect of the 
        Capitol or of the Capitol Police'' and inserting ``the Office 
        of the Architect of the Capitol, the Capitol Police, or the 
        Library of Congress''; and
            (3) by striking ``Architect of the Capitol or the Capitol 
        Police'' and inserting ``Architect of the Capitol, the Capitol 
        Police, or the Library of Congress (as the case may be)''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall apply with respect to claims alleging violations of part 
        A of title II of the Congressional Accountability Act of 1995 
        which are first made on or after the date of the enactment of 
        this Act.
            (2) Treatment of pending claims under existing 
        procedures.--If, as of the date of the enactment of this Act, 
        an employee of the Library of Congress has or could have filed 
        a charge or complaint pursuant to procedures of the Library of 
        Congress which were available to the employee prior to such 
        date for the resolution of a claim alleging a violation of a 
        provision of law made applicable to the Library under section 
        201(a) (including procedures applicable pursuant to a 
        collective bargaining agreement), the employee may complete, or 
        initiate and complete, all such procedures, and such procedures 
        shall remain in effect with respect to, and provide the 
        exclusive procedures for, that charge or complaint until the 
        completion of all such procedures.

SEC. 303. CLARIFICATION OF COVERAGE OF EMPLOYEES OF HELSINKI AND CHINA 
              COMMISSIONS.

    (a) Clarification of Coverage.--Section 101 (2 U.S.C. 1301) is 
amended--
            (1) by striking ``Except as otherwise'' and inserting ``(a) 
        In General.--Except as otherwise''; and
            (2) by adding at the end the following new subsection:
    ``(b) Clarification of Coverage of Employees of Certain 
Commissions.--
            ``(1) Coverage.--With respect to the China Review 
        Commission, the Congressional-Executive China Commission, and 
        the Helsinki Commission--
                    ``(A) any individual who is an employee of such 
                Commission shall be considered a covered employee for 
                purposes of this Act; and
                    ``(B) the Commission shall be considered an 
                employing office for purposes of this Act.
            ``(2) Authority to provide legal assistance and 
        representation.--Subject to paragraph (3), legal assistance and 
        representation under this Act, including assistance and 
        representation with respect to the proposal or acceptance of 
        the disposition of a claim under this Act, shall be provided to 
        the China Review Commission, the Congressional-Executive China 
        Commission, and the Helsinki Commission--
                    ``(A) by the House Employment Counsel of the House 
                of Representatives, in the case of assistance and 
                representation in connection with a claim filed under 
                title IV (including all subsequent proceedings under 
                such title in connection with the claim) at a time when 
                the chair of the Commission is a Member of the House; 
                or
                    ``(B) by the Senate Chief Counsel for Employment of 
                the Senate, in the case of assistance and 
                representation in connection with a claim filed under 
                title IV (including all subsequent proceedings under 
                such title in connection with the claim) at a time when 
                the chair of the Commission is a Senator.
            ``(3) Definitions.--In this subsection--
                    ``(A) the term `China Review Commission' means the 
                United States-China Economic and Security Review 
                Commission established under section 1238 of the Floyd 
                D. Spence National Defense Authorization Act of 2001 
                (Public Law 106-398; 22 U.S.C. 7002);
                    ``(B) the term `Congressional-Executive China 
                Commission' means the Congressional-Executive 
                Commission on the People's Republic of China 
                established under title III of the U.S.-China Relations 
                Act of 2000 (Public Law 106-286; 22 U.S.C. 6911 et 
                seq.); and
                    ``(C) the term `Helsinki Commission' means the 
                Commission on Security and Cooperation in Europe 
                established under the Act entitled `An Act to establish 
                a Commission on Security and Cooperation in Europe' 
                (Public Law 94-304; 22 U.S.C. 3001 et seq.).''.
    (b) Coverage of Stennis Center.--
            (1) Treatment of employees as covered employees.--Section 
        101(3) (2 U.S.C. 1301(3)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (H);
                    (B) by striking the period at the end of 
                subparagraph (I) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(J) the John C. Stennis Center for Public Service 
                Training and Development.''.
            (2) Treatment of center as employing office.--Section 
        101(9)(D) (2 U.S.C. 1301(9)(D)) is amended by striking ``and 
        the Office of Technology Assessment'' and inserting the 
        following: ``the Office of Technology Assessment, and the John 
        C. Stennis Center for Public Service Training and 
        Development''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Congressional 
Accountability Act of 1995.

SEC. 304. TRAINING AND EDUCATION PROGRAMS OF OTHER EMPLOYING OFFICES.

    (a) Requiring Offices To Develop and Implement Programs.--Title V 
(2 U.S.C. 1431 et seq.) is amended--
            (1) by redesignating section 509 as section 510; and
            (2) by inserting after section 508 the following new 
        section:

``SEC. 509. TRAINING AND EDUCATION PROGRAMS OF EMPLOYING OFFICES.

    ``(a) Requiring Offices To Develop and Implement Programs.--Each 
employing office shall develop and implement a program to train and 
educate covered employees of the office in the rights and protections 
provided under this Act, including the procedures available under title 
IV to consider alleged violations of this Act.
    ``(b) Report to Committees.--
            ``(1) In general.--Not later than 45 days after the 
        beginning of each Congress (beginning with the One Hundred 
        Sixteenth Congress), each employing office shall submit a 
        report to the Committee on House Administration of the House of 
        Representatives and the Committee on Rules and Administration 
        of the Senate on the implementation of the program required 
        under subsection (a).
            ``(2) Special rule for first report.--Not later than 180 
        days after the date of the enactment of the Congressional 
        Accountability Act of 1995 Reform Act, each employing office 
        shall submit the report described in paragraph (1) to the 
        Committees described in such paragraph.
    ``(c) Exception for Offices of Congress.--This section does not 
apply to an employing office of the House of Representatives or an 
employing office of the Senate.''.
    (b) Clerical Amendment.--The table of contents is amended--
            (1) by redesignating the item relating to section 509 as 
        relating to section 510; and
            (2) by inserting after the item relating to section 508 the 
        following new item:

``Sec. 509. Training and education programs of employing offices.''.

SEC. 305. RENAMING OFFICE OF COMPLIANCE AS OFFICE OF CONGRESSIONAL 
              WORKPLACE RIGHTS.

    (a) Renaming.--Section 301 of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1381 et seq.) is amended--
            (1) in the heading, by striking ``office of compliance'' 
        and inserting ``office of congressional workplace rights''; and
            (2) in subsection (a), by striking ``Office of Compliance'' 
        and inserting ``Office of Congressional Workplace Rights''.
    (b) Conforming Amendments to Congressional Accountability Act of 
1995.--The Congressional Accountability Act of 1995 is amended as 
follows:
            (1) In section 101(1) (2 U.S.C. 1301(1)), by striking 
        ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (2) In section 101(2) (2 U.S.C. 1301(2)), by striking 
        ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (3) In section 101(3)(H) (2 U.S.C. 1301(3)(H)), by striking 
        ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (4) In section 101(9)(D) (2 U.S.C. 1301(9)(D)), by striking 
        ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (5) In section 101(10) (2 U.S.C. 1301(10)), by striking 
        ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (6) In section 101(11) (2 U.S.C. 1301(11)), by striking 
        ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (7) In section 101(12) (2 U.S.C. 1301(12)), by striking 
        ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), by striking 
        ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), by striking 
        ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (10) In section 220(e)(2)(G) (2 U.S.C. 1351(e)(2)(G)), by 
        striking ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (11) In the heading of title III, by striking ``OFFICE OF 
        COMPLIANCE'' and inserting ``OFFICE OF CONGRESSIONAL WORKPLACE 
        RIGHTS''.
            (12) In section 304(c)(4) (2 U.S.C. 1384(c)(4)), by 
        striking ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (13) In section 304(c)(5) (2 U.S.C. 1384(c)(5)), by 
        striking ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
    (c) Clerical Amendments.--The table of contents is amended--
            (1) by amending the item relating to the heading of title 
        III to read as follows:

        ``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS'';

        and
            (2) by amending the item relating to section 301 to read as 
        follows:

``Sec. 301. Office of Congressional Workplace Rights.''.
    (d) References in Other Laws, Rules, and Regulations.--Any 
reference to the Office of Compliance in any law, rule, regulation, or 
other official paper in effect as of the effective date of this Act 
shall be considered to refer and apply to the Office of Congressional 
Workplace Rights.

               TITLE IV--HOUSE OF REPRESENTATIVES REFORMS

SEC. 401. MANDATORY ANTI-HARASSMENT AND ANTI-DISCRIMINATION POLICIES 
              FOR HOUSE OFFICES.

    (a) Requiring Offices To Adopt Policy.--Each employing office of 
the House of Representatives shall adopt an anti-harassment and anti-
discrimination policy for the office's workplace.
    (b) Regulations.--Not later than June 1, 2018, the Committee on 
House Administration shall promulgate regulations to carry out this 
section, and shall ensure that such regulations are consistent with the 
requirements of the Congressional Accountability Act of 1995, the Code 
of Official Conduct under rule XXIII of the Rules of the House of 
Representatives, and other relevant laws, rules, and regulations.

SEC. 402. OFFICE OF EMPLOYEE ADVOCACY.

    (a) Establishment.--There is established in the Office of the Chief 
Administrative Officer of the House of Representatives the Office of 
Employee Advocacy (hereafter in this section referred to as the 
``Office'').
    (b) Functions.--
            (1) Legal assistance, consultation, and representation.--
        Subject to subsection (c), the Office shall carry out the 
        following functions:
                    (A) Providing legal assistance and consultation 
                regarding procedures under the Congressional 
                Accountability Act of 1995 and procedures applicable to 
                civil actions arising from claims made under such Act, 
                including--
                            (i) the roles and responsibilities of the 
                        Office of Compliance, the Office of the House 
                        Employment Counsel, and similar authorities;
                            (ii) any proceedings conducted under such 
                        Act or pursuant to a civil action which the 
                        employee may observe;
                            (iii) the authority of the General Counsel 
                        of the Office of Compliance to compel 
                        cooperation and testimony under an 
                        investigation conducted under section 403 of 
                        such Act and the authority of a hearing officer 
                        to compel cooperation and testimony under 
                        proceedings held under section 405 of such Act; 
                        and
                            (iv) the employee's duties relating to such 
                        proceedings, including the responsibility to 
                        testify.
                    (B) Providing legal assistance and representation--
                            (i) in personal civil legal matters related 
                        to the employee's claim under such Act (other 
                        than a civil action filed under section 408 of 
                        such Act); and
                            (ii) in any proceedings of the Office of 
                        Compliance, the Committee on Ethics of the 
                        House of Representatives (including the Office 
                        of Congressional Ethics), or any other 
                        administrative or judicial body related to the 
                        employee's claim.
                    (C) Operating a hotline through which covered 
                employees of the House may contact the Office.
            (2) Authority to provide assistance in any jurisdiction.--
        Notwithstanding any law regarding the licensure of attorneys, 
        an attorney who is employed by the Office and is authorized to 
        provide legal assistance and representation under this section 
        is authorized to provide that assistance and representation in 
        any jurisdiction, subject to such regulations as may be 
        prescribed by the Office.
            (3) Nature of relationship.--The relationship between the 
        Office and an employee to whom the Office provides legal 
        assistance and representation under this section shall be the 
        relationship between an attorney and client.
            (4) Prohibiting acceptance of award of attorney fees or 
        other costs.--The Office may not accept any award of attorney 
        fees or other litigation expenses and costs under any hearing 
        or civil action brought under the Congressional Accountability 
        Act of 1995.
    (c) Prohibiting Provision of Assistance Upon Filing of Civil 
Action.--If a covered employee of the House who has filed a claim under 
section 402 of the Congressional Accountability Act of 1995 files a 
civil action with respect to the claim involved, as provided in section 
408 of such Act, the Office may not provide assistance under this 
section to the employee at any time after the employee files such 
action.
    (d) Director.--
            (1) Appointment.--The Office shall be headed by a Director 
        who shall be appointed by the Chief Administrative Officer of 
        the House of Representatives.
            (2) Qualifications; nonpartisanship of position.--The 
        individual appointed as Director shall be a lawyer who is 
        admitted to practice before the United States District Court 
        for the District of Columbia and who has experience in 
        representing employees in workplace discrimination cases.
            (3) Compensation.--The Director shall be paid at an annual 
        rate established by the Chief Administrative Officer.
            (4) Removal.--The Director may be removed by the Chief 
        Administrative Officer only for cause.
    (e) Other Personnel.--Subject to regulations of the Committee on 
House Administration and with the approval of the Chief Administrative 
Officer, the Director may appoint and fix the compensation of such 
additional personnel as the Director determines to be necessary to 
carry out the functions of the Office.
    (f) Nonpartisanship of Positions.--The Director and the other 
personnel of the Office shall be appointed without regard to political 
affiliation and solely on the basis of fitness to perform the duties of 
the position.

SEC. 403. FUNCTIONS OF OFFICE OF HOUSE EMPLOYMENT COUNSEL.

    (a) Functions Described.--The Office of the House Employment 
Counsel established under the Office of the Clerk of the House of 
Representatives shall carry out all of the functions which the Office 
carried out as of the date of the enactment of this Act, including the 
following:
            (1) Providing legal assistance and representation to 
        employing offices of the House with respect to allegations, 
        claims, and civil actions under the Congressional 
        Accountability Act of 1995 which are brought by covered 
        employees of the House under such Act.
            (2) Providing employing offices of the House with 
        confidential advice and counseling regarding compliance with 
        employment laws.
            (3) Providing training to managers and employees regarding 
        employment law compliance.
    (b) No Effect on Pending Proceedings.--Nothing in this section may 
be construed to affect any proceeding to which the Office is a party 
that is pending on the date of the enactment of this Act, including any 
suit to which the Office is a party that is commenced prior to such 
date.

SEC. 404. REQUIRING INCLUSION OF CERTIFICATIONS ON PAYROLL 
              AUTHORIZATION FORMS OF HOUSE OF REPRESENTATIVES OF NO 
              CONNECTION BETWEEN PAYROLL ACTIONS AND CLAIMS RELATING TO 
              CONGRESSIONAL ACCOUNTABILITY ACT OF 1995.

    (a) Requiring Inclusion of Certification on Forms.--The Chief 
Administrative Officer of the House of Representatives shall 
incorporate, as part of the Payroll Authorization Form used by an 
office of the House to register the appointment of an employee to the 
office or a salary adjustment or title change with respect to an 
employee of the office--
            (1) a certification to be made by the authorizing official 
        of the office that the appointment, salary adjustment, or title 
        change is not made to pay a settlement or award in connection 
        with conduct prohibited under the Congressional Accountability 
        Act of 1995; and
            (2) in the case of an office of a Member of the House, a 
        certification by the Member that any amounts in the Members' 
        Representational Allowance for the office which may be used to 
        carry out the appointment, salary adjustment, or title change 
        are not being used to pay a settlement or award in connection 
        with conduct prohibited under such Act.
    (b) Requiring Certification as Condition of Processing Payroll 
Action.--The Chief Administrative Officer may not process any Payroll 
Authorization Form with respect to an office of the House if the Form 
does not include the certifications required with respect to that 
office under subsection (a).

SEC. 405. SEXUAL HARASSMENT AS VIOLATION OF HOUSE CODE OF OFFICIAL 
              CONDUCT.

    Clause 9 of rule XXIII of the Rules of the House of Representatives 
is amended by striking ``such individual,'' and inserting ``such 
individual, including by committing an act of sexual harassment against 
such individual,''.

SEC. 406. SEXUAL RELATIONSHIPS BETWEEN HOUSE MEMBERS AND EMPLOYEES AND 
              UNWELCOME SEXUAL ADVANCES AS VIOLATION OF HOUSE CODE OF 
              OFFICIAL CONDUCT.

    Rule XXIII of the Rules of the House of Representatives is 
amended--
            (1) by redesignating clause 18 as clause 19; and
            (2) by inserting after clause 17 the following new clause:
    ``18.(a) A Member, Delegate, or Resident Commissioner may not 
engage in a sexual relationship with any employee of the House who 
works under the supervision of the Member, Delegate, or Resident 
Commissioner. This paragraph does not apply with respect to any 
relationship between two people who are married to each other.
    ``(b) A Member, Delegate, Resident Commissioner, officer, or 
employee of the House may not engage in unwelcome sexual advances or 
conduct towards another Member, Delegate, Resident Commissioner, 
officer, or employee of the House.
    ``(c) In this clause, the term `employee' includes an applicant for 
employment, a paid or unpaid intern (including an applicant for an 
internship), a detailee, and an individual participating in a 
fellowship program.''.

SEC. 407. EFFECT OF FILING OF CLAIM UNDER CONGRESSIONAL ACCOUNTABILITY 
              ACT OF 1995 ON AUTHORITY OF OFFICE OF CONGRESSIONAL 
              ETHICS TO CONSIDER CLAIMS.

    The Office of Congressional Ethics may not initiate or continue any 
investigation of a claim alleging a violation of law made applicable to 
employing offices of the House of Representatives under part A of title 
II of the Congressional Accountability Act of 1995, or make any 
recommendations regarding the disposition of such a claim, if a covered 
employee files a claim with respect to the alleged violation under 
title IV of such Act.

SEC. 409. EXERCISE OF RULEMAKING AUTHORITY.

    The provisions of this title are enacted--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives, and as such they shall be considered as part 
        of the rules of the House, and shall supersede other rules only 
        to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        the House to change such rules at any time, in the same manner, 
        and to the same extent as in the case of any other rule of the 
        House.

                        TITLE V--EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided, this Act and the 
amendments made by this Act shall take effect upon the expiration of 
the 180-day period which begins on the date of the enactment of this 
Act.
    (b) No Effect on Pending Proceedings.--Nothing in this Act or the 
amendments made by this Act may be construed to affect any proceeding 
under title IV of the Congressional Accountability Act of 1995 which is 
pending as of the date of the enactment of this Act.
                                 <all>