[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2872 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 421
115th CONGRESS
  2d Session
                                S. 2872

  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 discrimination, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2018

Mrs. Gillibrand (for herself, Mr. Merkley, Mrs. Murray, Ms. Harris, Ms. 
  Warren, Mr. Cruz, Ms. Baldwin, and Ms. Cortez Masto) introduced the 
             following bill; which was read the first time

                              May 21, 2018

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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 discrimination, and for other purposes.

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

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

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

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

  Subtitle A--Reform of Procedures for Initiation, 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. Personal liability of Members of Congress.
Sec. 112. Automatic referral to congressional ethics committees of 
                            disposition of certain claims alleging 
                            violations of Congressional Accountability 
                            Act of 1995 involving Members of Congress 
                            and senior staff.
Sec. 113. Availability of remote work assignment or paid leave of 
                            absence during pendency of procedures.
Sec. 114. Modification of rules on confidentiality of proceedings.
Sec. 115. Reimbursement by other employing offices of legislative 
                            branch of payments of certain awards and 
                            settlements.
  TITLE II--IMPROVING OPERATIONS OF OFFICE OF CONGRESSIONAL WORKPLACE 
                                 RIGHTS

Sec. 201. Reports on claims, awards, and settlements.
Sec. 202. Record retention.
Sec. 203. Workplace climate surveys of employing offices.
Sec. 204. Office of Employee Advocacy.
Sec. 205. GAO study of management practices.
Sec. 206. GAO audit of cybersecurity.
                    TITLE III--MISCELLANEOUS REFORMS

Sec. 301. Definitions.
Sec. 302. Application of Genetic Information Nondiscrimination Act of 
                            2008.
Sec. 303. Extension to unpaid staff of rights and protections against 
                            employment discrimination.
Sec. 304. Notices.
Sec. 305. General provisions.
Sec. 306. Clarification of coverage of employees of Stennis Center and 
                            Helsinki and China Commissions.
Sec. 307. Training and education programs of other employing offices.
Sec. 308. Support for out-of-area covered employees.
Sec. 309. Renaming Office of Compliance as Office of Congressional 
                            Workplace Rights.
                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

            TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

  Subtitle A--Reform of Procedures for Initiation, 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 in this Act, 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, which may 
        be followed, as described in that section, with pre-
        investigation mediation under section 404;
            ``(2) an investigation of the claim, to be conducted by the 
        General Counsel as provided in section 403, which may be 
        accompanied by mediation during the investigation under section 
        404; 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 period that 
        begins on the date on which the covered employee files the 
        claim under section 402 and ends 90 days after the date the 
        report described in section 403(c)(1) is transmitted to the 
        covered employee.
    ``(c) Special Rule for Architect of the Capitol and Capitol 
Police.--In the case of an employee of the Office of the Architect of 
the Capitol or of the Capitol Police, the Office, after receiving a 
claim filed under section 402, may recommend that the employee use, for 
a specific period of time, the grievance procedures of the Architect of 
the Capitol or the Capitol Police for resolution of the employee's 
grievance.
    ``(d) Election of Remedies for Library of Congress.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Direct act.--The term `direct Act' means an 
                Act (other than this Act), or provision of the Revised 
                Statutes, that is specified in section 201, 202, or 
                203.
                    ``(B) Direct provision.--The term `direct 
                provision' means a provision (including a definitional 
                provision) of a direct Act that applies the rights or 
                protections of a direct Act (including rights and 
                protections relating to nonretaliation or noncoercion) 
                to a Library claimant.
                    ``(C) Library claimant.--The term `Library 
                claimant' means, with respect to a direct provision, an 
                employee of the Library of Congress who is covered by 
                that direct provision.
            ``(2) Election after proceedings initially brought under 
        this act.--A Library claimant who initially files a claim for 
        an alleged violation as provided in section 402 may, instead of 
        proceeding with the claim in accordance with section 405 or 
        filing a civil action in accordance with section 408, during 
        the period described in subsection (b)(3) but before the Office 
        commences a hearing under section 405, elect to bring the claim 
        for a proceeding before the corresponding Federal agency, under 
        the corresponding direct provision.
            ``(3) Election after proceedings initially brought under 
        other civil rights or labor law.--A Library claimant who 
        initially brings a claim, complaint, or charge under a direct 
        provision for a proceeding before a Federal agency may, prior 
        to requesting a hearing under the agency's procedures, elect 
        to--
                    ``(A) bring any civil action relating to the claim, 
                complaint, or charge, that is available to the Library 
                claimant;
                    ``(B) file a claim with the Office under section 
                402; or
                    ``(C) file a civil action in accordance with 
                section 408 in the United States district court for the 
                district in which the employee is employed or for the 
                District of Columbia.
            ``(4) Application.--This subsection shall take effect and 
        shall apply as described in section 153(c) of the Legislative 
        Branch Appropriations Act, 2018, except that it shall not apply 
        to a violation of section 210(b) or a public services and 
        accommodations direct provision (as defined in section 
        210(h)(1)).
    ``(e) Rights of Individuals To Retain Private Counsel.--Nothing in 
this Act may be construed to limit the authority of any particular 
individual, including a covered employee, or the head of an employing 
office, to retain private counsel to protect the interests of the 
particular individual at any point during any of the procedures 
provided under this Act for the consideration of an alleged violation 
of part A of title II.
    ``(f) Standards for Counsel Providing Representation.--Any counsel 
who represents a party in any of the procedures provided under this Act 
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(a) 
(2 U.S.C. 1408(a)) is amended--
            (1) by striking ``section 404'' and inserting ``section 
        401'';
            (2) by striking ``who has completed counseling under 
        section 402 and mediation under section 403'' and inserting 
        ``who filed a timely claim under section 402 and made a timely 
        filing under this section as described in section 401(b)''; and
            (3) by striking the second sentence.
    (c) Amendments Relating to Library Claimants and Rights and 
Protections Under the Americans With Disabilities Act of 1990 Relating 
to Public Services and Accommodations.--Section 210 (2 U.S.C. 1331) is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (2), by striking ``section 403'' 
                and inserting ``section 404''; and
                    (B) in paragraph (3), by striking ``section 405'' 
                and inserting ``section 405 (notwithstanding any 
                requirement for a report by the General Counsel)'';
            (2) by redesignating subsection (h) as subsection (i); and
            (3) by inserting after subsection (g) the following:
    ``(h) Election of Remedies Relating to Public Services and 
Accommodations for Library Claimants.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Library claimant.--In this subsection, the 
                term `Library claimant' means an individual who is 
                eligible to provide services for, or receive services 
                from, the Library of Congress and who is covered by a 
                public services and accommodations direct provision.
                    ``(B) Public services and accommodations direct 
                provision.--The term `public services and 
                accommodations direct provision' means a provision 
                (including a definitional provision or a provision 
                relating to nonretaliation or noncoercion) of the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.) that applies the rights or protections 
                described in subsection (b) to a Library claimant.
                    ``(C) Transition period.--The term `transition 
                period' means the period beginning on the date of 
                enactment of the Legislative Branch Appropriations Act, 
                2018, and ending on the day before the date of 
                enactment of the Congressional Accountability and 
                Harassment Reform Act.
            ``(2) Election after proceedings initially brought under 
        this act.--A Library claimant who initially files a charge for 
        an alleged violation under subsection (d)(1) may, instead of 
        proceeding with the charge and before the General Counsel files 
        a complaint under subsection (d)(3), elect to bring the charge 
        for a proceeding before the Library of Congress under section 
        510 (other than paragraph (5)) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12209), under the 
        corresponding public services and accommodations direct 
        provision.
            ``(3) Election after proceedings initially brought under 
        the americans with disabilities act of 1990.--A Library 
        claimant who initially brings a claim, complaint, or charge 
        under section 510 (other than paragraph (5)) of the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12209) regarding a 
        violation of a public services and accommodation direct 
        provision may, prior to requesting a hearing under the 
        procedures of the Library of Congress relating to that 
        provision, elect to file a charge for an alleged violation of 
        that provision under subsection (d)(1).
            ``(4) Application.--
                    ``(A) In general.--Subject to subparagraph (B), 
                this subsection shall take effect and shall apply as 
                described in section 153(c) of the Legislative Branch 
                Appropriations Act, 2018 (Public Law 115-141) with 
                respect to a violation of this section or a public 
                services and accommodations direct provision.
                    ``(B) Special rule.--Notwithstanding section 153(c) 
                of the Legislative Branch Appropriations Act, 2018 
                (Public Law 115-141)--
                            ``(i) a Library claimant who brings a 
                        charge, complaint, or claim of a violation of a 
                        public services and accommodations direct 
                        provision during the transition period shall--
                                    ``(I) be subject to the election of 
                                proceeding provisions of this 
                                subsection; and
                                    ``(II) be treated as if the Library 
                                claimant initially filed a charge as 
                                described in paragraph (2) or initially 
                                brought a claim, complaint, or charge 
                                as described in paragraph (3), as the 
                                case may be; and
                            ``(ii) any applicable filing deadlines, and 
                        deadlines based on the filing deadlines, with 
                        respect to a Library claimant described in 
                        clause (i) shall be stayed for the duration of 
                        the transition period.''.
    (d) 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.
    (e) 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.--
            ``(1) Intake and recording; notification to employing 
        office.--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 Act, and 
        shall notify the head of the employing office of the claim.
            ``(2) Special notification requirements for claims based on 
        acts committed personally by members of congress.--
                    ``(A) In general.--In the case of a claim alleging 
                a violation described in subparagraph (B) by an 
                individual, upon the filing of the claim under 
                subsection (a), the Office shall notify such individual 
                of the claim, and the possibility that the individual 
                may be required to reimburse the account described in 
                section 415(a) for the amount of any award or 
                settlement in connection with the claim.
                    ``(B) Violations described.--A violation described 
                in this subparagraph is covered discrimination or 
                covered harassment committed personally by a Member of 
                Congress, as defined in section 415(e)(4).
    ``(c) Pre-investigation Mediation.--
            ``(1) Notification of right to opt out of pre-investigation 
        mediation.--
                    ``(A) Covered employee.--Upon receipt of a claim, 
                the Office shall notify the covered employee about the 
                process for pre-investigation mediation under section 
                404, the right to opt out of the pre-investigation 
                mediation, and the deadline for opting out of the pre-
                investigation mediation.
                    ``(B) Employing office.--Upon notification to the 
                employing office of the claim pursuant to subsection 
                (b), the Office shall notify the employing office about 
                the process for pre-investigation mediation under 
                section 404, the right to opt out of the pre-
                investigation mediation, and the deadline for opting 
                out of the pre-investigation mediation.
            ``(2) Deadline to opt out of mediation.--The deadline for 
        opting out of the pre-investigation mediation shall be the 
        tenth business day following the filing of the claim that would 
        be the subject of the mediation.
            ``(3) Assignment of mediator.--Unless either the covered 
        employee or the employing office opts out of the pre-
        investigation mediation by the deadline described in paragraph 
        (2), the Office shall promptly assign a mediator to the claim. 
        The mediation shall be conducted as provided in subsections (b) 
        through (d) of section 404.
    ``(d) Use of Electronic Reporting and Tracking System.--
            ``(1) Establishment and operation of system.--The Office 
        shall establish and operate an electronic reporting and 
        tracking system through which a covered employee may initiate a 
        proceeding under this title, and which will keep an electronic 
        record of the date and time at which the proceeding is 
        initiated and will track all subsequent actions or proceedings 
        occurring with respect to the proceeding under this title.
            ``(2) Accessibility to all parties.--The system shall be 
        accessible to all parties to such actions or proceedings, but 
        only until the completion of such actions or proceedings.
            ``(3) Assessment of effectiveness of procedures.--The 
        Office shall use the information contained in the system to 
        make regular assessments of the effectiveness of the procedures 
        under this title in providing for the timely resolution of 
        claims, and shall submit semi-annual reports on such 
        assessments each year to the Committee on House Administration 
        of the House of Representatives and the Committee on Rules and 
        Administration of the Senate.
    ``(e) Deadline.--A covered employee may not file a claim under this 
section with respect to an allegation of a violation of law after the 
expiration of the 180-day period which begins on the date of the 
alleged violation. The Office shall not accept a claim that does not 
meet the requirements of this subsection.
    ``(f) No Effect on Ability of Covered Employee To Seek Information 
From Office or Pursue Relief.--Nothing in this section may be construed 
to limit the ability of a covered employee--
            ``(1) to contact the Office or any other appropriate office 
        prior to filing a claim under this title to seek information 
        regarding the employee's rights under this Act and the 
        procedures available under this Act;
            ``(2) in the case of a covered employee of an employing 
        office described in subparagraph (A), (B), or (C) of section 
        101(9), to refer information regarding an alleged violation of 
        part A of title II to the Committee on Ethics of the House of 
        Representatives or the Select Committee on Ethics of the Senate 
        (as the case may be); 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(d), 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) and (if pre-investigation mediation 
described in section 402(c) occurs) the completion of that pre-
investigation mediation without a resolution of the claim, the General 
Counsel shall conduct an investigation of the claim involved.
    ``(b) Subpoenas.--
            ``(1) Issuance.--To carry out an investigation under this 
        section, the General Counsel may issue subpoenas to obtain 
        witness testimony and for the production of correspondence, 
        books, papers, documents, and other records, subject to the 
        following conditions:
                    ``(A) Inability to obtain information.--The General 
                Counsel shall not issue a subpoena to obtain testimony 
                or records under this section unless the General 
                Counsel has been unable to obtain the requested 
                information through reasonable, noncompulsory methods.
                    ``(B) Service.--Subpoenas shall be served in the 
                manner provided under rule 45(b) of the Federal Rules 
                of Civil Procedure.
                    ``(C) Protected information.--The General Counsel 
                may not subpoena--
                            ``(i) information in the possession of the 
                        Capitol Police that is security information, as 
                        defined in section 1009 of the Legislative 
                        Branch Appropriations Act, 2005 (2 U.S.C. 
                        1979); or
                            ``(ii) any information, data, estimates, or 
                        statistics that the Director of the 
                        Congressional Budget Office is required to keep 
                        confidential under section 203(e) of the 
                        Congressional Budget of 1974 (2 U.S.C. 603(e)).
                    ``(D) Privileges.--Nothing in this paragraph shall 
                constitute a waiver of the privileges of any Senator or 
                Member of the House of Representatives under article I, 
                section 6, clause 1, of the Constitution of the United 
                States, or a waiver of any power of either the Senate 
                or the House of Representatives under the Constitution 
                (including under article I, section 5, clause 3 of the 
                Constitution) or under the rules of either House, 
                relating to a record or other information within its 
                jurisdiction or the jurisdiction of any employing 
                office, if the record or other information relates to 
                serving a Member of Congress or an employing office 
                described in subparagraph (A), (B), or (C) of section 
                101(9)--
                            ``(i) with respect to policymaking; or
                            ``(ii) as an advisor with respect to the 
                        exercise of the constitutional or legal powers 
                        of the office.
            ``(2) Dispute procedures.--
                    ``(A) In general.--Disputes concerning a subpoena 
                issued under paragraph (1) may be resolved in 
                accordance with subparagraphs (B) and (C).
                    ``(B) Submission to board.--If the person or entity 
                subpoenaed refuses on the basis of relevance or 
                privilege or other objection, to testify in response to 
                a question or to produce records in response to a 
                request for production of records, then the objection 
                shall be submitted to the Board for review. The Board 
                may modify the requests contained in the subpoena or 
                may authorize the General Counsel to apply, in the name 
                of the Office, to the appropriate district court of the 
                United States for an order requiring the person or 
                entity to appear before the General Counsel to give 
                testimony or produce records.
                    ``(C) Application to district court.--The 
                application to the court shall be made under seal and 
                made within the judicial district where the person or 
                entity is found, resides, or transacts business. Any 
                failure to obey an order of the district court issued 
                pursuant to this paragraph may be held by such court to 
                be a civil contempt of court.
                    ``(D) Process.--Process in an action or contempt 
                proceeding pursuant to this paragraph may be served in 
                any judicial district in which the person or entity 
                refusing or failing to comply, or threatening to refuse 
                or not to comply, is found, resides, or transacts 
                business. Subpoenas for witnesses who are required to 
                attend such an action or proceeding may run into any 
                other district.
    ``(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. In the case 
        of a finding under subparagraph (A) or subparagraph (B) of 
        paragraph (2), the General Counsel shall include in the report 
        the legal and factual bases for making such finding.
            ``(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 report with 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 report with 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.--
                    ``(A) In general.--In the case of a report 
                transmitted by the General Counsel under paragraph (1) 
                on the results of an investigation of a claim alleging 
                a violation described in subparagraph (B) by a Member 
                of Congress, if such report includes a finding of 
                reasonable cause under paragraph (2)(A) the General 
                Counsel shall transmit the report to--
                            ``(i) 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
                            ``(ii) the Select Committee on Ethics of 
                        the Senate, in the case of a Senator.
                    ``(B) Violations described.--A violation described 
                in this subparagraph is covered discrimination or 
                covered harassment committed personally by a Member of 
                Congress, as defined in section 415(e)(4).
    ``(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 section, 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--
            ``(1) the General Counsel may (upon notice to the parties 
        to the investigation) use an additional period not to exceed 30 
        days to conclude the investigation; and
            ``(2) the 90-day investigation and reporting period and the 
        30-day period of additional time to conclude the investigation 
        shall be stayed pending mediation conducted pursuant to section 
        404, if any.''.
    (b) Conforming Amendments Relating to Hearings Commenced by Office 
of Congressional Workplace Rights.--Section 405 (2 U.S.C. 1405) is 
amended as follows:
            (1) In the heading, by striking ``complaint and''.
            (2) By amending subsection (a) to read as follows:
    ``(a) Requirement for Hearings to Commence in Office.--
            ``(1) Hearing required upon 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), and if the covered 
                employee does not withdraw the claim, the Executive 
                Director shall appoint an independent hearing officer 
                pursuant to subsection (c) to consider the claim and 
                render a decision, and a hearing shall be commenced in 
                the Office.
                    ``(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 (b), by striking ``dismiss any claim'' 
        and inserting ``dismiss any cause of action within a claim''.
            (4) In subsection (c)(1), by striking ``Upon the filing of 
        a complaint'' and inserting ``Upon receipt by the Executive 
        Director of the General Counsel's report on the investigation 
        of the claim transmitted under subsection (a)''.
            (5) In subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``complaint'' and inserting ``claim''; and
                    (B) in paragraph (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(e), 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. 
1403(a)), as redesignated by section 101(d), is amended to read as 
follows:
    ``(a) Availability of Mediation.--
            ``(1) Before investigation.--Unless either the covered 
        employee or the employing office opts out of pre-investigation 
        mediation by the deadline described in section 402(c)(2), the 
        Office shall conduct such mediation under subsections (b) 
        through (d).
            ``(2) 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.--Section 404(c) (2 U.S.C. 1403(c)), as 
redesignated by section 101(d), is amended--
            (1) in the first sentence, by striking ``beginning'' and 
        inserting ``beginning (in the case of pre-investigation 
        mediation) on the first day after the deadline described in 
        section 402(c)(2) and beginning (in the case of mediation 
        during the investigation)''; and
            (2) by striking the second sentence and inserting ``The 
        mediation period may be extended for one additional period of 
        30 days at the joint request of the covered employee and 
        employing office.''.
    (c) Requiring Parties To Be Separated During Mediation at Request 
of Employee.--Section 404(b)(2) (2 U.S.C. 1403(b)(2)), as redesignated 
by section 101(d), 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. PERSONAL LIABILITY OF MEMBERS OF CONGRESS.

    Section 415 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1415) is amended--
            (1) in subsection (a), by inserting after the first 
        sentence the following: ``Under no circumstances may an 
        employing office use funds from the Members' Representational 
        Allowance under section 101 of the House of Representatives 
        Administrative Reform Technical Corrections Act (2 U.S.C. 
        5341), the Senators' Official Personnel and Office Expense 
        Account, or any appropriated funds other than funds 
        appropriated under this subsection, for the payment of awards 
        and settlements under this Act.''; and
            (2) by adding at the end the following:
    ``(d) Committee Approvals.--Before a payment is made from the 
account described in subsection (a) for a settlement for covered 
discrimination or covered harassment in an employing office described 
in subparagraph (A) or (B) of section 101(9), the chair and ranking 
member of the appropriate committee shall approve the payment.
    ``(e) Personal Liability of Members of Congress for Payment of 
Settlements and Awards.--
            ``(1) Reimbursement.--If a payment is made from the account 
        described in subsection (a) for an award or settlement that 
        relates, in part or in whole, to an allegation of covered 
        discrimination or covered harassment committed personally by a 
        Member of Congress, the Member of Congress who is alleged to 
        have committed the discrimination or harassment shall, except 
        as provided in subparagraph (2), reimburse the account for the 
        amount of the award or settlement.
            ``(2) Exception.--In the case of a settlement that relates, 
        in part or in whole, to an allegation of covered discrimination 
        or covered harassment committed personally by a Member of 
        Congress, the Member may request a nonreimbursement 
        determination. If the appropriate committee finds by a 
        preponderance of the evidence, based on any record from a 
        proceeding under this title that may have existed on the date 
        of the payment, and using a rebuttable presumption in favor of 
        requiring reimbursement, that the Member of Congress has not 
        engaged in the alleged violation, the committee shall issue a 
        nonreimbursement determination. The committee shall issue the 
        determination and the committee's rationale for the 
        determination in writing. Unless the settlement is not publicly 
        disclosed, such determination and rationale shall be publicly 
        disclosed by the Office.
            ``(3) Construction.--Nothing in this section shall be 
        construed to require a Member of Congress to reimburse the 
        account under paragraph (1), with respect to an allegation of 
        covered discrimination, or covered harassment, that is wholly 
        committed by an employee of the employing office involved.
            ``(4) Definitions.--In subsection (d) and this subsection--
                    ``(A) the term `appropriate committee' means--
                            ``(i) if the personal office of a Member 
                        of, or a Committee of, the House of 
                        Representatives, or a joint committee chaired 
                        by such a Member, seeks a payment under 
                        subsection (d), or a Member of the House of 
                        Representatives seeks a determination under 
                        this subsection, the Committee on Ethics of the 
                        House of Representatives; and
                            ``(ii) if the personal office of a Senator, 
                        or a Committee of the Senate, or a joint 
                        committee chaired by a Senator, seeks a payment 
                        under subsection (d), or a Senator seeks a 
                        determination under this subsection, the Senate 
                        Select Committee on Ethics;
                    ``(B) the term `covered discrimination' means--
                            ``(i) discrimination prohibited by section 
                        201(a) (including, in accordance with section 
                        102(c), discrimination prohibited by title II 
                        of the Genetic Information Nondiscrimination 
                        Act of 2008 (42 U.S.C. 2000ff et seq.)) or 
                        206(a); and
                            ``(ii) a violation of section 207, or a 
                        violation of section 4311(b) of title 38, 
                        United States Code, that is related to 
                        discrimination described in clause (i);
                    ``(C) the term `covered discrimination or covered 
                harassment committed personally', used with respect to 
                a Member of Congress, means--
                            ``(i) covered discrimination (other than 
                        covered harassment) that was committed 
                        personally by a Member of Congress;
                            ``(ii) quid pro quo covered harassment that 
                        was committed personally by a Member of 
                        Congress; and
                            ``(iii) hostile environment covered 
                        harassment if a Member of Congress committed 
                        personally--
                                    ``(I) severe conduct that created a 
                                hostile environment; or
                                    ``(II) at least one act that was 
                                part of pervasive conduct that created 
                                a hostile environment;
                    ``(D) the term `covered harassment' means 
                harassment prohibited by section 201(a) (including, in 
                accordance with section 102(c), harassment prohibited 
                by title II of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et 
                seq.)) or 206(a); and
                    ``(E) the term `nonreimbursement determination' 
                means a determination from the appropriate committee 
                that the Member shall not be responsible for 
                reimbursement under subsection (a).''.

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

    Section 416(e) (2 U.S.C. 1416(e)) is amended to read as follows:
    ``(e) Automatic Referrals to Congressional Ethics Committees of 
Dispositions of Claims Involving Members of Congress and Senior 
Staff.--
            ``(1) Referral.--Upon the final disposition under this 
        title (as described in paragraph (5)) of a claim alleging 
        covered harassment or covered discrimination committed 
        personally by a Member of Congress (as defined in section 
        415(e)), or covered harassment or covered discrimination (as 
        those terms are defined in section 415(e)(4)) committed 
        personally by a senior staffer of an employing office described 
        in subparagraph (A) or (B) of section 101(9), the Executive 
        Director shall refer the claim to--
                    ``(A) the Committee on Ethics of the House of 
                Representatives, in the case of a Member or senior 
                staffer of the House (including a Delegate or Resident 
                Commissioner to the Congress); or
                    ``(B) the Select Committee on Ethics of the Senate, 
                in the case of a Senator or senior staffer of the 
                Senate.
            ``(2) Access to records and information.--If the Executive 
        Director refers a claim to a Committee under paragraph (1), the 
        Executive Director shall provide the Committee with access to 
        the records of any investigations, hearings, or decisions of 
        the hearing officers, General Council, 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) Authority to protect identity of a claimant.--
                    ``(A) Redactions.--If a Committee issues a report 
                as described in paragraph (3), the Committee may, in 
                accordance with subparagraph (B), make an appropriate 
                redaction to the information or data included in the 
                report if the Committee and the appropriate 
                decisionmakers described in subparagraph (B) determine 
                that including the information or data considered for 
                redaction may lead to the unintentional disclosure of 
                the identity or position of a claimant. The report 
                including any such redaction shall note each redaction 
                and include a statement that the redaction was made 
                solely for the purpose of avoiding such an 
                unintentional disclosure of the identity or position of 
                a claimant.
                    ``(B) Agreement on redactions.--The Committee shall 
                make a redaction under subparagraph (A) only if 
                agreement is reached on the precise information or data 
                to be redacted by--
                            ``(i) the Chairman and Ranking Member of 
                        the Committee on Ethics of the House of 
                        Representatives, in the case of a report 
                        concerning a Member of the House of 
                        Representatives (including a Delegate or 
                        Resident Commissioner to the Congress) or a 
                        senior staffer who is an employee of the House 
                        of Representatives; or
                            ``(ii) the Chairman and Vice Chairman of 
                        the Select Committee on Ethics of the Senate, 
                        in the case of a report concerning a Senator or 
                        senior staffer who is an employee of the 
                        Senate.
                    ``(C) Retention of unredacted reports.--Each 
                committee described in subparagraph (B) shall retain a 
                copy of the report, without redactions.
            ``(5) Final disposition described.--In this subsection, the 
        `final disposition' of a claim means the following:
                    ``(A) An agreement to pay a settlement, including 
                an agreement reached pursuant to mediation under 
                section 404.
                    ``(B) An order to pay an award that is final and 
                not subject to appeal.
            ``(6) Senior staffer defined.--In this subsection, the term 
        `senior staffer' means any individual who, at the time a 
        violation occurred, was required to file a report under title I 
        of the Ethics in Government Act of 1978 (5 U.S.C. App.).''.

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

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

``SEC. 417. OPTION TO REQUEST REMOTE WORK ASSIGNMENT OR PAID LEAVE OF 
              ABSENCE DURING PENDENCY OF PROCEDURES.

    ``(a) Options for Employees.--
            ``(1) Remote work assignment.--At the request of a covered 
        employee who files a claim alleging a violation described in 
        section 402(b)(2)(B) by the covered employee's employing 
        office, during the pendency of any of the procedures available 
        under this title for consideration of the claim, the employing 
        office may permit the covered employee to carry out the 
        employee's responsibilities from a remote location (referred to 
        in this section as `permitting a remote work assignment') where 
        such relocation would have the effect of materially reducing 
        interactions between the covered employee and any person 
        alleged to have committed the violation, instead of from a 
        location of the employing office.
            ``(2) Exception for work assignments required to be carried 
        out onsite.--If, in the determination of the covered employee's 
        employing office, a covered employee who makes a request under 
        this subsection cannot carry out the employee's 
        responsibilities from a remote location or such relocation 
        would not have the effect described in paragraph (1), the 
        employing office may during the pendency of the procedures 
        described in paragraph (1)--
                    ``(A) grant a paid leave of absence to the covered 
                employee;
                    ``(B) permit a remote work assignment and grant a 
                paid leave of absence to the covered employee; or
                    ``(C) make another workplace adjustment, or permit 
                a remote work assignment, that would have the effect of 
                reducing interactions between the covered employee and 
                any person alleged to have committed the violation 
                described in section 402(b)(2)(B).
            ``(3) Ensuring no retaliation.--An employing office may not 
        respond to a covered employee's request under this subsection 
        in a manner which would constitute a violation of section 207.
            ``(4) No impact on vacation or personal leave.--In granting 
        leave for a paid leave of absence under this section, an 
        employing office shall not require the covered employee to 
        substitute, for that leave, any of the accrued paid vacation or 
        personal leave of the covered employee.
    ``(b) Exception for Arrangements Subject to Collective Bargaining 
Agreements.--Subsection (a) does not apply to the extent that it is 
inconsistent with the terms and conditions of any collective bargaining 
agreement which is in effect with respect to an employing office.''.
    (b) Clerical Amendment.--The table of contents is amended by adding 
at the end of the items relating to tile IV the following new item:

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

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

    (a) Claims and Investigations.--Section 416(a) (2 U.S.C. 1416(a)) 
is amended to read as follows:
    ``(a) Claims and Investigations.--Information relating to the fact 
that a claim was filed under section 402, the information in the filing 
under section 402, and any information resulting from the investigation 
of a claim under section 403, shall be confidential. Except as provided 
in section 403(c)(5), the report created by the General Counsel 
pursuant to section 403(c)(1) shall be confidential. Nothing in this 
Act may be construed to prohibit a covered employee or an employing 
office from disclosing a factual allegation supporting the claim or any 
defense to the claim, if the information contained in the allegation 
was not obtained in a confidential proceeding.''.
    (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:
    ``(f) Reimbursement by Employing Offices.--
            ``(1) Notification of payments made from account.--As soon 
        as practicable after the Executive Director is made aware that 
        a payment of an award or settlement under this Act has been 
        made from the account described in subsection (a) in connection 
        with a claim alleging covered discrimination or covered 
        harassment, as such terms are defined in subsection (e)(4) by 
        an employing office (other than an employing office described 
        in subparagraph (A), (B), or (C) of section 101(9)), the 
        Executive Director shall notify the head of the employing 
        office associated with the claim that the payment has been 
        made, and shall include in the notification a statement of the 
        amount of the payment.
            ``(2) Reimbursement by office.--Not later than 180 days 
        after receiving a notification from the Executive Director 
        under paragraph (1), the head of the employing office involved 
        shall transfer to the account described in subsection (a), out 
        of any funds available for operating expenses of the office, a 
        payment equal to the amount specified in the notification.
            ``(3) Timetable and procedures for reimbursement.--The head 
        of an employing office shall transfer a payment under paragraph 
        (2) in accordance with such timetable and procedures as may be 
        established under regulations promulgated by the Office.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to payments made under section 415 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1415) on or after 
the date of the enactment of this Act.

  TITLE II--IMPROVING OPERATIONS OF OFFICE OF CONGRESSIONAL WORKPLACE 
                                 RIGHTS

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

    (a) Semiannual Reports on Claims, Awards, and Settlements.--
            (1) Requiring submission and publication of reports.--
        Section 301 (2 U.S.C. 1381) is amended--
                    (A) in subsection (h)(3), by striking ``complaint'' 
                each place it appears and inserting ``claim''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(l) Semiannual Reports on Claims, Awards, and Settlements.--
            ``(1) In general.--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, the 
        Office shall submit to Congress and publish on the Office's 
        public website a report listing each award or settlement which 
        was paid during the previous 2 6-month periods 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 covered 
        discrimination or covered harassment committed personally by a 
        Member of Congress, as defined in section 415(e)(4)), whether 
        the Member or former Member is in compliance with the 
        requirement of section 415(e) to reimburse the account for the 
        amount of the award or settlement.
            ``(2) Protection of identity of individuals receiving 
        awards and settlements.--In preparing and submitting the 
        reports required under paragraph (1), the Office shall ensure 
        that the identity or position of any claimant is not disclosed.
            ``(3) Authority to protect the identity of a claimant.--
                    ``(A) In general.--In carrying out paragraph (2), 
                the Executive Director may make an appropriate 
                redaction to the data included in the report described 
                in paragraph (1) if the Executive Director determines 
                that including the data considered for redaction may 
                lead to the identity or position of a claimant 
                unintentionally being disclosed. The report shall note 
                each redaction and include a statement that the 
                redaction was made solely for the purpose of avoiding 
                such an unintentional disclosure of the identity or 
                position of a claimant.
                    ``(B) Record-keeping.--the Executive Director shall 
                retain a copy of the report described in subparagraph 
                (A), without redactions.
            ``(4) Definition.--In this subsection, the term `claimant' 
        means an individual who received an award or settlement, or who 
        made an allegation of a violation against an employing 
        office.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply with respect to 2018 and each succeeding year.
    (b) Report on Amounts Previously Paid.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Office of Congressional 
        Workplace Rights shall submit to Congress and make available to 
        the public on the Office's public website a report on all 
        payments made with public funds prior to the date of the 
        enactment of this Act for awards and settlements in connection 
        with violations of section 201(a) of the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1311(a)), or related 
        retaliation, as defined in section 101 of such Act (2 U.S.C. 
        1301), and shall include in the report the following 
        information:
                    (A) The amount paid for each such award or 
                settlement.
                    (B) The source of the public funds used for the 
                award or settlement, without regard to whether the 
                funds were paid from the account described in section 
                415(a) of such Act (2 U.S.C. 1415(a)), an account of 
                the House of Representatives or Senate, or any other 
                account of the Federal Government.
            (2) Rule of construction regarding identification of house 
        and senate accounts.--Nothing in paragraph (1)(B) may be 
        construed to require or permit the Office of Congressional 
        Workplace Rights to report the account of any specific office 
        of the House of Representatives or Senate as the source of 
        funds used for an award or settlement.

SEC. 202. RECORD RETENTION.

    Section 301 (2 U.S.C. 1381), as amended by section 201(a), is 
further amended by adding at the end the following new subsection:
    ``(m) Record Retention.--The Office shall establish and maintain a 
program for the permanent retention of its records, including the 
redacted and unredacted records described in section 301(l)(3) and the 
records of investigations, mediations, hearings, and other proceedings 
conducted under this Act.''.

SEC. 203. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES.

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

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

    ``(a) Requirement to Conduct Surveys.--Not later than 1 year after 
the date of the enactment of this section, and every 2 years 
thereafter, the Office shall conduct a survey of employees of employing 
offices described in subparagraphs (A), (B), and (C) of section 101(9), 
regarding the workplace environment of such office.
    ``(b) Special Inclusion of Information on Sexual Harassment and 
Discrimination.--In each survey conducted under this section, the 
Office shall survey respondents on attitudes regarding sexual 
harassment and discrimination.
    ``(c) Methodology.--
            ``(1) In general.--The Office shall conduct each survey 
        under this section in accordance with methodologies established 
        by the Office.
            ``(2) Confidentiality.--Under the methodologies established 
        under paragraph (1), all responses to all portions of the 
        survey shall be anonymous and confidential, and each respondent 
        shall be told throughout the survey that all responses shall be 
        anonymous and confidential.
    ``(d) Use of Results of Surveys.--The Office shall furnish the 
information obtained from the surveys conducted under this section to 
the Committee on House Administration of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs, and 
the Committee on Rules and Administration, of the Senate.
    ``(e) Consultation With Committees.--The Office shall carry out 
this section, including establishment of methodologies and procedures 
under subsection (c), in consultation with the Committee on House 
Administration of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs, and the Committee on Rules 
and Administration, of the Senate.
    ``(f) Inclusion of Library of Congress.--For purposes of this 
section, the Library of Congress shall be considered an employing 
office subject to subsection (a).''.
    (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. 204. OFFICE OF EMPLOYEE ADVOCACY.

    (a) Establishment.--There is established in the Office of the 
Secretary of the Senate the Office of Employee Advocacy (hereafter in 
this section referred to as the ``Office'').
    (b) Covered Employee of the Senate.--In this section, the term 
``covered employee of the Senate''--
            (1) means a covered employee (as defined in section 101 of 
        the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) 
        who is an employee of the Senate (as defined in such section); 
        and
            (2) includes a staff member described in section 201(d)(1) 
        of such Act (2 U.S.C. 1311(d)(1)), as amended by section 
        303(a), of an employing office of the Senate (including a 
        former staff member described in such section 201(d)(1) who was 
        such a staff member at the time of the alleged violation).
    (c) Functions.--
            (1) Legal assistance, consultation, and representation.--
        Subject to subsection (d), the Office shall carry out the 
        following functions:
                    (A) Providing legal assistance and consultation to 
                covered employees of the Senate regarding the 
                procedures of the Congressional Accountability Act of 
                1995 (2 U.S.C. 1301 et seq.) and the procedures 
                applicable to civil actions arising under such Act, 
                including--
                            (i) the roles and responsibilities of the 
                        Office of Congressional Workplace Rights, the 
                        Office of the Senate Chief Counsel for 
                        Employment, and similar authorities;
                            (ii) any proceedings conducted under such 
                        Act;
                            (iii) the authority of the Office of 
                        Congressional Workplace Rights to compel 
                        cooperation and testimony under investigations 
                        and proceedings conducted under title IV of 
                        such Act (2 U.S.C. 1401 et seq.); 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 a covered employee of the Senate's 
                        initiation of, or participation in, proceedings 
                        under title IV of such Act (2 U.S.C. 1401 et 
                        seq.) (other than a civil action filed under 
                        section 408 of such Act (2 U.S.C. 1408)); and
                            (ii) in any proceedings of the Office of 
                        Congressional Workplace Rights, the Select 
                        Committee on Ethics of the Senate, or any other 
                        administrative or judicial body related to the 
                        alleged violations of such Act which are the 
                        subject of the proceedings initiated by the 
                        covered employee of the Senate, or the 
                        proceedings in which the covered employee of 
                        the Senate participates, under title IV of such 
                        Act (2 U.S.C. 1401 et seq.).
                    (C) Operating a hotline through which covered 
                employees of the Senate 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, consultation, 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 (2 U.S.C. 1301 et seq.).
            (5) Prohibiting assistance in other matters or 
        proceedings.--The Office may not provide any legal assistance, 
        consultation, or representation with respect to any matter or 
        proceeding which does not arise under the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
    (d) Prohibiting Provision of Assistance Upon Filing of Civil 
Action.--If a covered employee of the Senate files a civil action with 
respect to an alleged violation of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1301 et seq.), as provided in section 408 of such Act 
(2 U.S.C. 1408), the Office may not provide assistance under this 
section to the covered employee with respect to investigations or 
proceedings under such Act in connection with such alleged violation at 
any time after the employee files such action.
    (e) Director.--
            (1) Appointment.--The Office shall be headed by a Director 
        who shall be appointed by the Secretary of the Senate.
            (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 Secretary of the Senate.
            (4) Removal.--The Director may be removed by the Secretary 
        of the Senate only for cause.
    (f) Other Personnel.--Subject to regulations of the Committee on 
Rules and Administration of the Senate and with the approval of the 
Secretary of the Senate, 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.
    (g) 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.
    (h) Exercise of Rulemaking Powers.--Congress adopts the provisions 
of this section--
            (1) as an exercise of the rulemaking power of the Senate, 
        and as such they shall be considered as part of the rules of 
        the Senate and such rules shall supersede other rules only to 
        the extent that they are inconsistent with such other rules; 
        and
            (2) with full recognition of the constitutional right of 
        the Senate to change those rules at any time, in any manner, 
        and to the same extent as is the case of any other rule of the 
        Senate.

SEC. 205. GAO STUDY OF MANAGEMENT PRACTICES.

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

SEC. 206. GAO AUDIT OF CYBERSECURITY.

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

                    TITLE III--MISCELLANEOUS REFORMS

SEC. 301. DEFINITIONS.

    Section 101 (2 U.S.C. 1301) is amended by adding at the end the 
following:
            ``(13) Committed personally.--The term `committed 
        personally', used with respect to an act and an individual, 
        does not include a practice committed by a second individual 
        and attributed to the first individual or that individual's 
        employing office.
            ``(14) Member of congress.--The term `Member of Congress' 
        means a Member of the House of Representatives (including a 
        Delegate or Resident Commissioner to the Congress) or a 
        Senator.
            ``(15) Related retaliation.--The term `related 
        retaliation', used with respect to a provision, means a 
        response that is prohibited under section 207, except that each 
        reference in section 207 to `this Act' shall be considered to 
        be a reference to that provision.''.

SEC. 302. APPLICATION OF GENETIC INFORMATION NONDISCRIMINATION ACT OF 
              2008.

    Section 102 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1302) is amended by adding at the end the following:
    ``(c) Genetic Information Nondiscrimination Act of 2008.--The 
provisions of this Act that apply to a violation of section 201(a)(1) 
shall be considered to apply to a violation of title II of the Genetic 
Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), 
consistent with section 207(c) of that Act (42 U.S.C. 2000ff-6(c)).''.

SEC. 303. 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) and section 207 
        regarding related retaliation shall apply with respect to any 
        staff member of an employing office who carries out official 
        duties of the employing office but who is not paid by the 
        employing office for carrying out such duties, including an 
        intern, an individual detailed to an employing office, and an 
        individual participating in a fellowship program (including an 
        applicant for an internship, a detail position, or a fellowship 
        and a former intern, detailee, or fellow), in the same manner 
        and to the same extent as such subsections apply with respect 
        to a covered employee.
            ``(2) Rule of construction.--Nothing in paragraph (1) may 
        be construed to extend liability for a violation of subsection 
        (a) or section 207 to an employing office on the basis of an 
        action taken by any person who is not under the supervision or 
        control of the employing office.
            ``(3) Intern defined.--For purposes of this section, the 
        term `intern' means an individual who performs service for an 
        employing office which is uncompensated by the United States, 
        who obtains an educational benefit, such as by earning credit 
        awarded by an educational institution or learning a trade or 
        occupation, and who is appointed on a temporary basis.''.
    (b) Technical Correction Relating to Office Responsible for 
Disbursement of Pay to House Employees.--Section 101(7) (2 U.S.C. 
1301(7)) is amended by striking ``disbursed by the Clerk of the House 
of Representatives'' and inserting ``disbursed by the Chief 
Administrative Officer of the House of Representatives''.

SEC. 304. 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 violations described in subsection (b); 
        and
            ``(2) includes contact information for the Office.
    ``(b) Violations.--A violation described in this subsection is--
            ``(1) discrimination prohibited by section 201(a) 
        (including, in accordance with section 102(c), discrimination 
        prohibited by title II of the Genetic Information 
        Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.)), 
        206(a), or 210(b); and
            ``(2) a violation of section 207, or a violation of section 
        4311(b) of title 38, United States Code, that is related to 
        discrimination described in paragraph (1).''.

SEC. 305. GENERAL PROVISIONS.

    Section 225 (2 U.S.C. 1361) is amended--
            (1) by striking subsection (e); and
            (2) by redesignating subsection (f) as subsection (e).

SEC. 306. CLARIFICATION OF COVERAGE OF EMPLOYEES OF STENNIS CENTER AND 
              HELSINKI AND CHINA COMMISSIONS.

    (a) Coverage of Stennis Center, China Review Commission, 
Congressional-Executive China Commission, and Helsinki Commission.--
            (1) Treatment of employees as covered employees.--Section 
        101(3) (2 U.S.C. 1301(3)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (I);
                    (B) by striking the period at the end of 
                subparagraph (J) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(K) the John C. Stennis Center for Public Service 
                Training and Development;
                    ``(L) the China Review Commission;
                    ``(M) the Congressional-Executive China Commission; 
                and
                    ``(N) the Helsinki Commission.''.
            (2) Treatment of center and commissions as employing 
        office.--Section 101(9)(D) (2 U.S.C. 1301(9)(D)) is amended by 
        striking ``and the Office of Technology Assessment'' and 
        inserting the following: ``the John C. Stennis Center for 
        Public Service Training and Development, the China Review 
        Commission, the Congressional-Executive China Commission, and 
        the Helsinki Commission.''.
            (3) Definitions of commissions.--Section 101 (2 U.S.C. 
        1301), as amended by section 301, is further amended by adding 
        at the end the following:
            ``(15) China review commission.--The term `China Review 
        Commission' means the United States-China Economic and Security 
        Review Commission established under section 1238 of the Floyd 
        D. Spence National Defense Authorization Act for Fiscal Year 
        2001 (22 U.S.C. 7002), as enacted into law by section 1 of 
        Public Law 106-398.
            ``(16) Congressional-executive china commission.--The term 
        `Congressional-Executive China Commission' means the 
        Congressional-Executive Commission on the People's Republic of 
        China established under title III of the U.S.-China Relations 
        Act of 2000 (Public Law 106-286; 22 U.S.C. 6911 et seq.).
            ``(17) Helsinki commission.--The term `Helsinki Commission' 
        means the Commission on Security and Cooperation in Europe 
        established under the Act entitled `An Act to establish a 
        Commission on Security and Cooperation in Europe', approved 
        June 3, 1976 (Public Law 94-304; 22 U.S.C. 3001 et seq.).''.
    (b) Legal Assistance and Representation.--
            (1) In general.--Title V (2 U.S.C. 1431 et seq.) is 
        amended--
                    (A) by redesignating section 509 as section 512; 
                and
                    (B) by inserting after section 508 the following:

``SEC. 509. LEGAL ASSISTANCE AND REPRESENTATION.

    ``Legal assistance and representation under this Act, including 
assistance and representation with respect to the proposal or 
acceptance of the disposition of a claim under this Act, shall be 
provided to the China Review Commission, the Congressional-Executive 
China Commission, and the Helsinki Commission--
            ``(1) by the House Employment Counsel of the House of 
        Representatives, in the case of assistance and representation 
        in connection with a claim filed under title IV (including all 
        subsequent proceedings under such title in connection with the 
        claim) at a time when the chair of the Commission is a Member 
        of the House, and in the case of assistance and representation 
        in connection with any subsequent claim related to the initial 
        claim where the subsequent claim involves the same parties; or
            ``(2) by the Senate Chief Counsel for Employment of the 
        Senate, in the case of assistance and representation in 
        connection with a claim filed under title IV (including all 
        subsequent proceedings under such title in connection with the 
        claim) at a time when the chair of the Commission is a Senator, 
        and in the case of assistance and representation in connection 
        with any subsequent claim related to the initial claim where 
        the subsequent claim involves the same parties.''.
            (2) Clerical amendments.--The table of contents is 
        amended--
                    (A) by redesignating the item relating to section 
                509 as relating to section 512; and
                    (B) by inserting after the item relating to section 
                508 the following new item:

``Sec. 509. Legal assistance and representation.''.
    (c) Conforming Amendments.--Section 101 (2 U.S.C. 1301) is amended, 
in paragraphs (7) and (8), by striking ``through (I)'' and inserting 
``through (N)''.
    (d) Effective Date.--The amendments made by subsections (a) through 
(c) shall apply with respect to claims alleging violations of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) which 
are first made on or after the date of the enactment of this Act.

SEC. 307. TRAINING AND EDUCATION PROGRAMS OF OTHER EMPLOYING OFFICES.

    (a) Requiring Offices To Develop and Implement Programs.--Title V 
(2 U.S.C. 1431 et seq.), as amended by section 306(b), is further 
amended by adding at the end the following:

``SEC. 510. TRAINING AND EDUCATION PROGRAMS OF EMPLOYING OFFICES.

    ``(a) Requiring Offices To Develop and Implement Programs.--Each 
employing office shall develop and implement a program to train and 
educate covered employees of the office in the rights and protections 
provided under this Act, including the procedures available under this 
Act to consider alleged violations of this Act.
    ``(b) Report to Committees.--
            ``(1) In general.--Not later than 45 days after the 
        beginning of each Congress (beginning with the One Hundred 
        Sixteenth Congress), each employing office shall submit a 
        report to the Committee on House Administration of the House of 
        Representatives and the Committee on Rules and Administration 
        of the Senate on the implementation of the program required 
        under subsection (a).
            ``(2) Special rule for first report.--Not later than 180 
        days after the date of the enactment of the Congressional 
        Accountability Act of 1995 Reform Act, each employing office 
        shall submit the report described in paragraph (1) to the 
        Committees described in such paragraph.
    ``(c) Exception for Offices of Congress.--This section does not 
apply to an employing office described in subparagraph (A), (B), or (C) 
of section 101(9).''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 509, as inserted by 
section 307(b), the following new item:

``Sec. 510. Training and education programs of employing offices.''.

SEC. 308. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES.

    (a) In General.--Title V (2 U.S.C. 1431 et seq.), as amended by 
section 307(a), is further amended by adding at the end the following:

``SEC. 511. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES.

    ``(a) In General.--All covered employees whose location of 
employment is outside of the Washington, DC area (referred to in this 
section as `out-of-area covered employees', shall have equitable access 
to the resources and services provided by the Office and under this Act 
as is provided to covered employees who work in the Washington, DC 
area.
    ``(b) Duties of Office of Congressional Workplace Rights.--The 
Office shall--
            ``(1) establish a method by which out-of-area covered 
        employees may communicate securely with the Office, which shall 
        include an option for real-time audiovisual communication; and
            ``(2) provide guidance to employing offices regarding how 
        each office can provide the resources and services provided 
        under this Act to out-of-area covered employees, including 
        information regarding the communication methods described in 
        paragraph (1).
    ``(c) Duties of Employing Offices.--Each employing office shall 
ensure that any out-of-area covered employees of the employing office 
are provided the equitable access required under this section, 
including information regarding how to communicate with the Office.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 510, as inserted by 
section 307(b), the following new item:

``Sec. 511. Support for out-of-area employees.''.

SEC. 309. 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 title heading of 
        title III to read as follows:

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

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

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

                        TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in this Act, this Act 
and the amendments made by this Act shall take effect upon the 
expiration of the 180-day period which begins on the date of the 
enactment of this Act.
    (b) No Effect on Pending Proceedings.--Nothing in this Act or the 
amendments made by this Act may be construed to affect any proceeding 
or payment of an award or settlement relating to a claim under title IV 
of the Congressional Accountability Act of 1995 (2 U.S.C. 1401 et seq.) 
which is pending as of the date of the enactment of this Act. If, as of 
that date, an employee has begun any of the proceedings under that 
title that were available to the employee prior to that date, the 
employee may complete, or initiate and complete, all such proceedings, 
and such proceedings shall remain in effect with respect to, and 
provide the exclusive proceedings for, the claim involved until the 
completion of all such proceedings.
                                                       Calendar No. 421

115th CONGRESS

  2d Session

                                S. 2872

_______________________________________________________________________

                                 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 discrimination, and for other purposes.

_______________________________________________________________________

                              May 21, 2018

            Read the second time and placed on the calendar