[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2159 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 2159
To require covered harassment and covered discrimination awareness and
prevention training for Members, officers, employees, interns, fellows,
and detailees of Congress within 30 days of employment and annually
thereafter, to require a biennial climate survey of Congress, to amend
the enforcement process under the Office of Congressional Workplace
Rights for covered harassment and covered discrimination complaints,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16, 2017
Mrs. Gillibrand (for herself, Ms. Cortez Masto, Ms. Harris, and Ms.
Hirono) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require covered harassment and covered discrimination awareness and
prevention training for Members, officers, employees, interns, fellows,
and detailees of Congress within 30 days of employment and annually
thereafter, to require a biennial climate survey of Congress, to amend
the enforcement process under the Office of Congressional Workplace
Rights for covered harassment and covered discrimination complaints,
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.
This Act may be cited as the ``Member and Employee Training and
Oversight On Congress Act'' or the ``ME TOO Congress Act''.
TITLE I--TRAINING AND CLIMATE SURVEY
SEC. 101. DEFINITIONS.
In this title:
(1) Covered discrimination.--The term ``covered
discrimination'' means--
(A) discrimination described in any of clauses (i)
through (v) of paragraph (2)(A);
(B) discrimination prohibited by section 201 or 210
of the Congressional Accountability Act of 1995; or
(C) a violation of section 207 of such Act that is
related to discrimination described in subparagraph (A)
or (B).
(2) Covered harassment.--The term ``covered harassment''
means--
(A) harassment that is--
(i) discrimination because of race, color,
religion, sex, or national origin under title
VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(ii) discrimination because of age under
the Age Discrimination in Employment Act of
1967 (29 U.S.C. 621 et seq.);
(iii) discrimination on the basis of
disability under title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et
seq.) or section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791);
(iv) discrimination because of genetic
information under title II of the Genetic
Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff et seq.); or
(v) discrimination because of sexual
orientation or gender identity, within the
meaning of Executive Order 11478.
(3) Covered office of the house of representatives.--The
term ``covered office of the House of Representatives'' means
an office, including a joint commission or joint committee,
employing employees of the House of Representatives.
(4) Covered office of the senate.--The term ``covered
office of the Senate'' means an office, including a joint
commission or joint committee, employing employees of the
Senate.
(5) Covered position in the house of representatives.--The
term ``covered position in the House of Representatives'' means
a position as--
(A) a Member of the House of Representatives;
(B) an elected or appointed officer of the House of
Representatives;
(C) an employee of the House of Representatives;
(D) an intern or fellow in a covered office of the
House of Representatives--
(i) without regard to whether the intern or
fellow receives compensation; and
(ii) in the case of an intern or fellow
that does receive compensation, without regard
to the source of the compensation; or
(E) a detailee in a covered office of the House of
Representatives, without regard to whether the service
is on a reimbursable basis.
(6) Covered position in the senate.--The term ``covered
position in the Senate'' means a position as--
(A) a Member of the Senate;
(B) an elected or appointed officer of the Senate;
(C) an employee of the Senate;
(D) an intern or fellow in a covered office of the
Senate--
(i) without regard to whether the intern or
fellow receives compensation; and
(ii) in the case of an intern or fellow
that does receive compensation, without regard
to the source of the compensation; or
(E) a detailee in a covered office of the Senate,
without regard to whether the service is on a
reimbursable basis.
(7) Employee of the house of representatives.--The term
``employee of the House of Representatives'' means an employee
whose pay is disbursed by the Chief Administrative Officer of
the House of Representatives, without regard to the term of the
appointment.
(8) Employee of the senate.--The term ``employee of the
Senate'' means an employee whose pay is disbursed by the
Secretary of the Senate, without regard to the term of the
appointment.
(9) Executive order 11478.--The term ``Executive Order
11478'' means Executive Order 11478 (42 U.S.C. 2000e note;
relating to equal employment opportunity in the Federal
Government), as amended and superseded by Executive Order 13672
and the other Executive orders issued before January 20, 2017.
(10) Head of a covered office.--The term ``head of a
covered office'', when used with respect to a covered office of
the Senate or a covered office of the House of Representatives,
means the Member of Congress, elected or appointed officer of
Congress, or manager of the covered office having final
authority to appoint, hire, discharge, and set the terms,
conditions, or privileges of the employment of the employees
employed by the covered office.
(11) Initial training date.--The term ``initial training
date'' means, with respect to an individual in a covered
position in the House or an individual in a covered position in
the Senate, the first date on which the applicable training
required for such individual under section 102(b) is offered
under section 102(c).
(12) Manager of a covered office.--The term ``manager of a
covered office'', when used with respect to a covered office of
the Senate or a covered office of the House of Representatives,
means an employee of the covered office empowered to effect a
significant change in the employment status of another employee
of the covered office, such as hiring, firing, failing to
promote, reassignment with significantly different
responsibilities, or a decision causing a change in benefits.
(13) Office of congressional workplace rights.--The term
``Office of Congressional Workplace Rights'' means the Office
of Congressional Workplace Rights established under section 301
of the Congressional Accountability Act of 1995 (2 U.S.C.
1381), as amended by section 218 (formerly known as the
``Office of Compliance'').
SEC. 102. REQUIRED COVERED HARASSMENT AND COVERED DISCRIMINATION
AWARENESS AND PREVENTION TRAINING FOR MEMBERS, OFFICERS,
EMPLOYEES, INTERNS, FELLOWS, AND DETAILEES OF CONGRESS
WITHIN 30 DAYS OF EMPLOYMENT AND ANNUALLY THEREAFTER.
(a) Establishment of Rules Requiring Covered Harassment and Covered
Discrimination Awareness and Prevention Training Within 30 Days of
Employment and Annually Thereafter.--
(1) Requirements for the senate.--
(A) In general.--Not later than 120 days after the
date of enactment of this Act, the Committee on Rules
and Administration of the Senate--
(i) shall issue rules that require--
(I) each individual elected,
appointed, or assigned to a covered
position in the Senate after the
initial training date, who was not
serving in a covered position in the
same covered office of the Senate
immediately before being so elected,
appointed, or assigned, to complete
training described in subsections (b)
and (c)--
(aa) not later than 30 days
after the date on which the
individual begins serving in
the covered position; and
(bb) annually thereafter as
long as the individual serves
in a covered position in the
Senate;
(II) each individual serving in a
covered position in the Senate on the
initial training date, to complete such
training--
(aa) not later than 30 days
after the initial training
date; and
(bb) annually thereafter as
long as the individual serves
in a covered position in the
Senate; and
(III) a designee of each covered
office of the Senate to--
(aa) annually submit to the
Committee a certification
indicating whether each
individual serving in a covered
position in such covered office
has completed such training;
and
(bb) submit, by not later
than the last day of each
Congress, to the Secretary of
the Senate a certification
indicating whether each
individual serving in a covered
position in such covered office
has completed the training
requirements under this title
during that Congress; and
(ii) may establish additional requirements
for the training on covered harassment and
covered discrimination awareness and prevention
that is offered to individuals serving in
covered positions in the Senate under this
section.
(B) Coordination with other requirements.--In
issuing rules under subparagraph (A)(i), the Committee
on Rules and Administration of the Senate shall--
(i) review the requirements of S. Res. 330
(115th Congress), agreed to November 9, 2017;
and
(ii) ensure that the rules issued under
subparagraph (A)(i) meet the requirements of
this title while preventing or limiting
conflicts and duplication of requirements under
the rules issued under such Senate Resolution.
(2) Requirements for the house of representatives.--Not
later than 120 days after the date of enactment of this Act,
the Committee on House Administration of the House of
Representatives--
(A) shall issue rules that require--
(i) each individual elected, appointed, or
assigned to a covered position in the House of
Representatives after the initial training
date, who was not serving in a covered position
in the same covered office of the House of
Representatives immediately before being so
elected, appointed, or assigned, to complete
training described in subsections (b) and (c)--
(I) not later than 30 days after
the date on which the individual begins
serving in the covered position; and
(II) annually thereafter as long as
the individual serves in a covered
position in the House of
Representatives;
(ii) each individual serving in a covered
position in the House of Representatives on the
initial training date, to complete such
training--
(I) not later than 30 days after
the initial training date; and
(II) annually thereafter as long as
the individual serves in a covered
position in the House of
Representatives; and
(iii) a designee of each covered office of
the House of Representatives to--
(I) annually submit to the
Committee a certification indicating
whether each individual serving in a
covered position in such covered office
has completed the training; and
(II) submit, by not later than the
last day of each Congress, to the Chief
Administrative Officer of the House of
Representatives a certification
indicating whether each individual
serving in a covered position in such
covered office has completed the
training requirements under this title
during that Congress; and
(B) may establish additional requirements for the
training on covered harassment and covered
discrimination awareness and prevention offered to
individuals serving in a covered position in the House
of Representatives under this section.
(b) Requirements for Training.--The training on covered harassment
and discrimination awareness and prevention required under this section
shall--
(1) be provided by the Office of Congressional Workplace
Rights;
(2) include--
(A) information and practical guidance regarding
any applicable Federal laws concerning the prohibition
against and the prevention and correction of covered
harassment and covered discrimination and the rights of
survivors of covered harassment in employment;
(B) practical examples aimed at instructing
supervisors in the prevention of covered harassment and
covered discrimination, and retaliation;
(C) presentations by individuals with knowledge and
expertise in the prevention of covered harassment and
covered discrimination and retaliation;
(D) a discussion of the consequences for
perpetrators of covered harassment and covered
discrimination;
(E) information regarding the prohibition under the
Congressional Accountability Act of 1995 (2 U.S.C. 1301
et seq.) against retaliation against witnesses to, or
individuals who experience, covered harassment or
discrimination and who report the harassment or
discrimination;
(F) information regarding how an individual in a
covered position in the Senate or a covered position in
the House of Representatives reports covered harassment
or discrimination to the Office of Congressional
Workplace Rights;
(G) in the case of training provided to individuals
who are Members of Congress, elected and appointed
officers of Congress, heads of covered offices of
Congress, and managers of covered offices of Congress,
information regarding the role of such individuals in
recognizing and responding to harassment and harassment
complaints; and
(H) any additional content required under paragraph
(1)(A)(ii) or (2)(B) of subsection (a) by the Committee
on Rules and Administration of the Senate or the
Committee on House Administration of the House of
Representatives (as applicable); and
(3) require that an individual demonstrate mastery of the
subject matter through an assessment in order to complete the
training.
(c) Provision of Training.--
(1) In general.--The Office of Congressional Workplace
Rights shall--
(A) by not later than 60 days after the date on
which the Committee on Rules and Administration of the
Senate and the Committee on House Administration of the
House of Representatives issue rules under paragraph
(1) or (2) of subsection (a), develop and offer
training on covered harassment and covered
discrimination awareness and prevention that meets the
requirements of subsection (b), subject to paragraph
(2);
(B) periodically update the training on covered
harassment and covered discrimination awareness and
prevention, including any materials relating to such
training; and
(C) periodically provide recordkeeping information
to the Committee on Rules and Administration of the
Senate and the Committee on House Administration of the
House of Representatives, as applicable, regarding the
individuals serving in covered positions in the Senate
or in covered positions in the House of
Representatives, respectively, who have completed the
training.
(2) Consultation.--The Office of Congressional Workplace
Rights shall, in implementing the training described in
paragraph (1), consult with--
(A) entities having significant expertise in
identifying, preventing, and responding to covered
harassment; and
(B) covered harassment survivors or covered
harassment confidential advisors.
(d) Publication of Certifications for Each Congress.--
(1) Publication of certification in the senate.--Not later
than 30 days after the first day of each Congress, the
Secretary of the Senate shall publish each certification
submitted to the Secretary of the Senate, in accordance with
the rules issued under subsection (a)(1)(A)(i) and the
requirements of subsection (a)(1)(A)(i)(III)(bb), with respect
to the previous Congress on the public website of the Secretary
of the Senate.
(2) Publication of certification in the house of
representatives.--Not later than 30 days after the first day of
each Congress, the Chief Administrative Officer of the House of
Representatives shall publish each certification submitted to
the Chief Administrative Officer of the House of
Representatives, in accordance with the rules issued under
subsection (a)(2)(A) and the requirements of subsection
(a)(2)(A)(iii)(II), with respect to the previous Congress on
the public website of the Chief Administrative Officer of the
House of Representatives.
SEC. 103. WORKPLACE CLIMATE SURVEY OF CONGRESS RELATING TO COVERED
HARASSMENT AND COVERED DISCRIMINATION.
Not later than 120 days after the date of enactment of this Act,
and every 2 years thereafter, the Office of Congressional Workplace
Rights shall--
(1) carry out an anonymous survey of individuals serving in
covered positions in the Senate or in covered positions in the
House of Representatives to determine--
(A) the scope of covered harassment and covered
discrimination in Congress;
(B) whether covered harassment and covered
discrimination prevention and reform efforts are
working to curb the prevalence of covered harassment in
Congress; and
(C) whether the complaint and reporting process
regarding instances of covered harassment and covered
discrimination in Congress is sufficient; and
(2) prepare and submit only to the Committee on Rules and
Administration of the Senate and the Committee on Rules of the
House of Representatives a report regarding the findings of the
survey described in paragraph (1).
TITLE II--CONGRESSIONAL ACCOUNTABILITY ACT OF 1995
SEC. 201. DEFINITIONS.
Section 101 of the Congressional Accountability Act of 1995 (2
U.S.C. 1301) is amended--
(1) by redesignating paragraphs (4) through (10), and
paragraphs (11) and (12), as paragraphs (5) through (11), and
paragraphs (13) and (14), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Covered harassment.--The term `covered harassment'
means harassment that is--
``(A) discrimination because of race, color,
religion, sex, or national origin under title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
``(B) discrimination because of age under the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621
et seq.);
``(C) discrimination on the basis of disability
under title I of the Americans with Disabilities Act of
1990 (42 U.S.C. 12111 et seq.) or section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791);
``(D) discrimination because of genetic information
under title II of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et
seq.); or
``(E) discrimination because of sexual orientation,
or gender identity, within the meaning of Executive
Order 11478.''; and
(3) by inserting after paragraph (11), as redesignated in
paragraph (1) of this section, the following:
``(12) Executive order 11478.--The term `Executive Order
11478' means Executive Order 11478 (42 U.S.C. 2000e note;
relating to equal employment opportunity in the Federal
Government), as amended and superseded by Executive Order 13672
and the other Executive orders issued before January 20,
2017.''.
SEC. 202. RIGHTS AND PROTECTIONS; RESPONSIBILITIES OF HEAD OF EMPLOYING
OFFICE.
Section 201 of the Congressional Accountability Act of 1995 (2
U.S.C. 1311) is amended--
(1) in subsection (a)--
(A)(i) in paragraph (2), by striking ``or'' at the
end;
(ii) in paragraph (3), by striking the period at
the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(4) sexual orientation, or gender identity, within the
meaning of Executive Order 11478.'';
(B)(i) by redesignating paragraphs (1), (2), (3),
and (4), as added by section 201(2), as subparagraphs
(A), (B), (C), and (D), respectively;
(ii) by aligning the margins of such subparagraphs
with the margins of subparagraph (A) of subsection
(b)(1); and
(iii) by striking ``All personnel'' and inserting
the following:
``(1) In general.--All personnel''; and
(C) by adding at the end the following:
``(2) Responsibilities.--
``(A) In general.--If an individual who is the head
of an employing office, or the highest ranking employee
of the head of the employing office, is aware of, or a
reasonable individual in the position involved would be
aware of, covered harassment in the office, the
individual shall carry out the responsibility described
in subparagraph (B).
``(B) Responsibilities.--The individual referred to
in subparagraph (A) shall make affirmative efforts to
address, and prevent the recurrence of, covered
harassment in the office.''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``subsection
(a)(1)'' and inserting ``subsection (a)(1)(A)'';
(B) in paragraph (2), by striking ``subsection
(a)(2)'' and inserting ``subsection (a)(1)(B)''; and
(C) in paragraph (3), by striking ``subsection
(a)(3)'' and inserting ``subsection (a)(1)(C)''.
SEC. 203. COVERAGE OF INTERNS, FELLOWS, AND DETAILEES.
Section 201 of the Congressional Accountability Act of 1995 (2
U.S.C. 1311) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) In this section, the term `covered employee', used with
respect to covered harassment, includes--
``(1) an intern or fellow serving in a position in an
employing office--
``(A) without regard to whether the intern or
fellow receives compensation; and
``(B) if the intern or fellow does receive
compensation, without regard to the source of
compensation; and
``(2) a detailee serving in a position in an employing
office without regard to whether the service is on a
reimbursable basis.''.
SEC. 204. NOTICES.
Part E of title II of the Congressional Accountability Act of 1995
(2 U.S.C. 1361) is amended by adding at the end the following:
``SEC. 226. NOTICES.
``(a) In General.--Every employing office shall post and keep
posted (in conspicuous places upon its premises where notices to
covered employees are customarily posted) a notice provided by the
Office that--
``(1) describes the rights, protections, and procedures
applicable to covered employees of the employing office under
this Act, concerning covered harassment and covered
discrimination; and
``(2) includes contact information for the Office.
``(b) Definition.--In this section, the term `covered
discrimination' means--
``(1) discrimination described in any of subparagraphs (A)
through (E) of section 101(4);
``(2) discrimination prohibited by section 210; or
``(3) a violation of section 207 that is related to
discrimination described in paragraph (1) or (2).''.
SEC. 205. CONFIDENTIAL ADVISOR.
Section 302 of the Congressional Accountability Act of 1995 (2
U.S.C. 1382) is amended--
(1) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Confidential Advisor.--
``(1) In general.--The Executive Director shall--
``(A) appoint, and fix the compensation of, and may
remove, a Confidential Advisor; or
``(B) designate an employee of the Office to serve
as a Confidential Advisor.
``(2) Duties.--
``(A) Voluntary services.--The Confidential Advisor
shall offer to provide the services described in
subparagraph (B), which a covered employee may accept
or decline.
``(B) Services.--The services referred to in
subparagraph (A) are--
``(i) informing a covered employee who has
experienced a practice that may be covered
harassment about the employee's rights under
this Act;
``(ii) consulting, on a confidential basis,
with a covered employee who has experienced a
practice that may be covered harassment; and
``(iii) assisting a covered employee who
seeks consideration under title IV of an
allegation involving covered harassment in
understanding the procedures, and the
significance of the procedures, described in
that title.''.
SEC. 206. OVERALL PROCEDURE.
Section 401 of the Congressional Accountability Act of 1995 (2
U.S.C. 1401) is amended--
(1) in the first sentence--
(A) in paragraph (1), by inserting ``, which shall
be voluntary in the case of an allegation of covered
harassment'' before the semicolon; and
(B) in paragraph (2), by inserting ``, which shall
be voluntary in the case of an allegation of covered
harassment'' before the semicolon; and
(2) in the second sentence, by inserting ``(or a request
for counseling, mediation, or a hearing, concerning an
allegation of covered harassment)'' after ``for counseling
under section 402''.
SEC. 207. NOTIFICATION.
Section 401 of the Congressional Accountability Act of 1995, as
amended by section 206, is further amended--
(1) by striking ``Except'' and inserting the following:
``(a) Overall Procedure.--Except''; and
(2) by adding at the end the following:
``(b) Notification After Allegation of Covered Harassment.--On
receiving a request, under this title, for counseling or another
proceeding for consideration of alleged covered harassment, the Office
shall provide to the employee written notification that describes the
rights, protections, and procedures applicable to a covered employee
who is raising such an allegation.
``(c) No Requirement To Present Allegation First to Employing
Office.--Notwithstanding any provision of law, regardless of whether a
covered employee follows the employing office's procedures for
initially presenting an allegation, or information about the
allegation, of covered harassment to the employing office--
``(1) the covered employee is privileged to request and
obtain, under this title, counseling or another proceeding for
consideration of alleged covered harassment; and
``(2) the covered employee--
``(A) may file a complaint with the Office in
accordance with section 405 or file a civil action with
a court in accordance with section 408;
``(B) may proceed without prejudice under the
corresponding procedures specified in title IV
including obtaining any available remedy; and
``(C) shall be entitled to protection from
intimidation, reprisal, or other discrimination
described in section 207 as provided in that
section.''.
SEC. 208. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID LEAVE DURING
PENDENCY OF PROCEDURES.
Section 401 of the Congressional Accountability Act of 1995 (2
U.S.C. 1401), as amended by section 207, is further amended by adding
at the end the following new subsection:
``(d) Availability of Remote Work Assignment or Paid Leave During
Pendency of Procedures.--
``(1) Requirements for employing offices.--
``(A) Remote work assignment.--At the request of a
covered employee who alleges covered harassment by the
covered employee's employing office, during the
pendency of any of the procedures available under this
title for consideration of the allegation, 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
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 paid leave under
paragraph (1), during the period in which the employee is on
paid leave, 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 that 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 that is in effect with
respect to an employing office.''.
SEC. 209. ELECTRONIC REPORTING SYSTEM.
Section 401 of the Congressional Accountability Act of 1995 (2
U.S.C. 1401), as amended by section 208, is further amended by adding
at the end the following new subsection:
``(e) 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 that
will keep an electronic record of the date and time at which the
proceeding is initiated.''.
SEC. 210. COUNSELING.
Section 402(a) of the Congressional Accountability Act of 1995 (2
U.S.C. 1402(a)) is amended, in the first sentence, by inserting ``or,
in the case of an allegation of covered harassment, may request
voluntary counseling by the Office'' before the period.
SEC. 211. MEDIATION.
(a) Voluntary Mediation.--Section 403(a) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1403(a)) is amended--
(1) by striking ``Not later'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), not
later''; and
(2) by adding at the end the following:
``(2) Allegation of covered harassment.--In the case of an
allegation of covered harassment--
``(A) for a covered employee who requests
counseling under section 402, not later than 15 days
after receipt by the employee of notice of the end of
the counseling period under section 402, but prior to
making an election under section 404, the covered
employee who alleged a violation of a law may file a
request for voluntary mediation with the Office; and
``(B) for a covered employee who does not request
such counseling, not later than 180 days after the date
of the alleged violation, but prior to making an
election under section 404, the covered employee may
file a request for voluntary mediation with the
Office.''.
(b) Requiring Parties To Be Separated During Mediation at Request
of Employee.--Section 403(b)(2) of the Congressional Accountability Act
of 1995 (2 U.S.C. 1403(b)(2)) is amended by striking ``meetings with
the parties'' and all that follows and inserting the following:
``meetings with the parties--
``(1) held for the purpose of resolving the dispute between
the covered employee and the employing office; and
``(2)(A) except as provided in subparagraph (B), conducted
separately or jointly; or
``(B) at the request of a covered employee who alleges
covered harassment, during which the parties shall be
separated.''.
SEC. 212. ELECTION OF PROCEEDING.
Section 404 of the Congressional Accountability Act of 1995 (2
U.S.C. 1404) is amended--
(1) by striking ``Not later'' and inserting the following:
``(1) In general.--Except as provided in subsection (b),
not later''; and
(2) by adding at the end the following:
``(b) Allegation of Covered Harassment.--In the case of an
allegation of covered harassment--
``(1) for a covered employee who requests mediation under
section 403 (or does not, but requests counseling under section
402), not later than 90 days after the end of the period of
mediation (or counseling), the covered employee may either--
``(A) file a complaint as described in subsection
(a)(1); or
``(B) file a civil action as described in
subsection (a)(2); and
``(2) for a covered employee who does not request such
mediation (or counseling), not later than 180 days after the
date of the alleged violation, the covered employee may
either--
``(A) file a complaint as described in subsection
(a)(1); or
``(B) file a civil action as described in
subsection (a)(2).''.
SEC. 213. COMPLAINT AND PROCEEDING.
Section 405(a) of the Congressional Accountability Act of 1995 (2
U.S.C. 1405(a)) is amended by striking subsection (a) and inserting the
following:
``(a) Complaint.--
``(1) In general.--Except as provided in paragraph (2)--
``(A) a covered employee may, upon the completion
of mediation under section 403, file a complaint with
the Office; and
``(B) the respondent to the complaint shall be the
employing office--
``(i)(I) involved in the violation; or
``(II) in which the violation is alleged to
have occurred; and
``(ii) about which mediation was conducted.
``(2) Allegation of covered harassment.--In the case of an
allegation of covered harassment--
``(A) a covered employee may file a complaint with
the Office as described in section 404(b); and
``(B) the respondent to the complaint shall be the
employing office--
``(i) involved in the violation; or
``(ii) in which the violation is alleged to
have occurred.''.
SEC. 214. INVESTIGATORY POWERS.
Section 405 of the Congressional Accountability Act of 1995 (2
U.S.C. 1405) is amended by striking subsection (e) and inserting the
following:
``(e) Investigations and Discovery.--
``(1) Investigations.--The Office shall have the authority
to conduct investigations regarding complaints of covered
harassment filed under this section, including investigations
with respect to practices experienced by former covered
employees that may be covered harassment.
``(2) Discovery.--Reasonable prehearing discovery may be
permitted at the discretion of the hearing officer regarding a
complaint filed under this section.''.
SEC. 215. CIVIL ACTION.
Section 408(a) of the Congressional Accountability Act of 1995 (2
U.S.C. 1408(a)) is amended--
(1) in the first sentence, by striking ``who has completed
counseling under section 402 and mediation under section 403''
and inserting ``who meets the applicable requirements of
section 404''; and
(2) in the second sentence, by inserting ``or a violation
that is covered harassment'' before the period.
SEC. 216. PERSONAL LIABILITY OF MEMBERS OF CONGRESS FOR PAYMENT OF
SETTLEMENTS AND AWARDS.
Section 415 of the Congressional Accountability Act of 1995 (2
U.S.C. 1415) is amended by adding at the end the following:
``(d) Personal Liability of Members of Congress for Payment of
Settlements and Awards.--
``(1) In general.--If a payment is made from the account
described in subsection (a) for an award or settlement
resulting from harassment described in paragraph (2), the
Member of Congress who committed the harassment shall reimburse
the account for the amount of the award or settlement.
``(2) Harassment.--The harassment referred to in paragraph
(1) is--
``(A) quid pro quo covered harassment that was
committed personally by a Member of Congress; or
``(B) hostile environment covered harassment that a
Member of Congress committed by personally creating a
hostile environment.''.
SEC. 217. CONFIDENTIALITY.
Section 416 of the Congressional Accountability Act of 1995 (2
U.S.C. 1416) is amended by adding at the end the following:
``(g) Waiver.--A covered employee who requests, under this title,
counseling or another proceeding for consideration of alleged covered
harassment may waive the employee's right to confidentiality under this
section during counseling or at any time after the last proceeding
sought by the employee under this title has concluded (including after
settlement or a voluntary termination of that proceeding).''.
SEC. 218. OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS.
(a) References.--Paragraphs (1), (2), (3)(H), (10)(D), (11), (13),
and (14) of section 101 (as redesignated by section 201 of this Act),
sections 210(a)(9), 215(e)(1), 220(e)(2)(G), and 301(a), and paragraphs
(4) and (5) of section 304(c) of the Congressional Accountability Act
of 1995 (2 U.S.C. 1301, 1331(a)(9), 1341(e)(1), 1351(e)(2)(G), 1381(a),
1384(c)) are amended by striking ``Office of Compliance'' and inserting
``Office of Congressional Workplace Rights''.
(b) Headings.--Title III of the Congressional Accountability Act of
1995 (2 U.S.C. 1381 et seq.) is amended by striking the headings for
title III and section 301 and inserting the following:
``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
``SEC. 301. ESTABLISHMENT OF OFFICE OF CONGRESSIONAL WORKPLACE
RIGHTS.''.
SEC. 219. CONFORMING AMENDMENTS.
(a) In General.--Section 415(c) of the Congressional Accountability
Act of 1995 (2 U.S.C. 1415(c)) is amended by striking ``section
201(a)(3)'' and inserting ``section 201(a)(1)(C)''.
(b) Table of Contents.--The table of contents in section 1(b) the
Congressional Accountability Act of 1995 is amended--
(1) by striking the item relating to the part heading for
part A of title II and inserting the following:
``Part A--Employment Discrimination, Family and Medical Leave, and
Other Protections and Benefits'';
(2) in the items relating to part E of title II, by adding
at the end the following:
``Sec. 226. Notices.'';
and
(3) by striking the items relating to the title heading for
title III, and section 301, and inserting the following:
``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
``Sec. 301. Establishment of Office of Congressional Workplace
Rights.''.
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