[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2952 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 2952

_______________________________________________________________________

                                 AN ACT


 
  To amend the Congressional Accountability Act of 1995 to establish 
protections against congressional 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 Act of 1995 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 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. Availability of mediation during process.
Sec. 104. Hearings.
                       Subtitle B--Other Reforms

Sec. 111. Requiring Members of Congress to reimburse treasury for 
                            damages paid as settlements and awards for 
                            certain violations.
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 option to request 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 awards and settlements.
Sec. 202. Workplace climate surveys of employing offices.
Sec. 203. Record retention.
Sec. 204. Confidential Advisor.
Sec. 205. GAO study of management practices.
Sec. 206. GAO audit of cybersecurity.
                    TITLE III--MISCELLANEOUS REFORMS

Sec. 301. Application of Genetic Information Nondiscrimination Act of 
                            2008.
Sec. 302. Extension to unpaid staff of rights and protections against 
                            employment discrimination.
Sec. 303. Provisions relating to instrumentalities.
Sec. 304. Notices.
Sec. 305. Clarification of coverage of employees of Stennis Center and 
                            Helsinki and China Commissions.
Sec. 306. Training and education programs of other employing offices.
Sec. 307. Support for out-of-area covered employees.
Sec. 308. 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 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 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) notification of intent to file, and filing of, a 
        claim by the covered employee alleging the violation, as 
        provided in section 402, which may be followed, as described in 
        section 403(a), with mediation under section 403; and
            ``(2) an election of proceeding, as provided in this 
        section, of--
                    ``(A) 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;
                    ``(B) a civil action in a district court of the 
                United States as provided in section 408; or
                    ``(C) in the case of a Library claimant (as defined 
                in subsection (d)(1)), a proceeding described in 
                subsection (d)(2) that relates to the violation at 
                issue.
    ``(b) Election of Formal Hearing or Civil Action.--
            ``(1) In general.--A covered employee who seeks to make--
                    ``(A) the election described in subsection 
                (a)(2)(A) shall file the request for the formal hearing 
                as provided in section 405(a)(1), by the deadline 
                described in paragraph (2); or
                    ``(B) the election described in subsection 
                (a)(2)(B) shall file the civil action as provided in 
                section 408, by the deadline described in paragraph 
                (2).
            ``(2) Deadline for election.--The deadline described in 
        this paragraph shall be 90 days after the later of--
                    ``(A) the date on which either party opts out of 
                mediation under section 402(c); or
                    ``(B) the end of the period of mediation under 
                section 403(c).
            ``(3) Effect of election.--If the covered employee--
                    ``(A) elects to file a request for a formal hearing 
                as provided in section 405(a), the procedure for 
                consideration of the claim shall not include a civil 
                action or other proceeding described in subparagraph 
                (B) or (C) of subsection (a)(2); or
                    ``(B) elects to file a civil action as provided in 
                section 408(a), the procedure for consideration of the 
                claim shall not include any formal hearing, review, or 
                other proceeding described in subparagraph (A) or (C) 
                of subsection (a)(2).
    ``(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. If the grievance procedures do not resolve the grievance, 
the employee may resume the procedure described in subsection (a), 
starting with section 403, except that the deadline for opting out of 
mediation under that section shall be 10 business days after the last 
day of the grievance procedures.
    ``(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 sections 403 (if 
        applicable) and 405 or filing a civil action in accordance with 
        section 408, during the period described in subsection (b)(2) 
        but before the Office commences a formal 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) continue with the agency's procedures and 
                preserve the option (if any) to bring any civil action 
                relating to the claim, complaint, or charge, that is 
                available to the Library claimant; or
                    ``(B) file a claim with the Office under section 
                402, make an election under subparagraph (A) or (B) of 
                section 401(a)(2), and continue with the corresponding 
                procedures of this subtitle.
            ``(4) Application.--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) (except to 
        the extent such section applies to any violation of section 210 
        or a provision of an Act specified in section 210).
    ``(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, the head of an employing 
office, or an individual who has a right to intervene under section 
415(d)(6), 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, including procedures described in section 
415(d)(6).
    ``(f) Standards for Designated Representatives or Unrepresented 
Parties.--
            ``(1) Standards.--Each designated representative of a 
        party, and unrepresented party, participating in any of the 
        procedures (including proceedings) provided under this Act 
        shall have an obligation to ensure that, to the best of that 
        designated representative or unrepresented party's knowledge, 
        information, and belief, as formed after an inquiry which is 
        reasonable under the circumstances, each of the following is 
        correct:
                    ``(A) 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.
                    ``(B) The claims, defenses, and other legal 
                contentions the designated representative or 
                unrepresented party advocates are warranted by existing 
                law or by a nonfrivolous argument for extending, 
                modifying, or reversing existing law or for 
                establishing new law.
                    ``(C) The factual contentions have evidentiary 
                support or, if specifically so identified, will likely 
                have evidentiary support after a reasonable opportunity 
                for discovery.
                    ``(D) 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.
            ``(2) Sanctions.--
                    ``(A) In general.--If a decisionmaker described in 
                subparagraph (B) determines that a designated 
                representative of a party, or unrepresented party, has 
                failed to comply with the standards specified in 
                paragraph (1), then that decisionmaker may impose 
                appropriate sanctions.
                    ``(B) Decisionmaker.--A decisionmaker described in 
                subparagraph (A) is--
                            ``(i) a hearing officer or mediator chosen 
                        from the list specified in section 405(c)(2), 
                        who is not serving as a hearing officer or 
                        mediator to resolve any claim filed under 
                        section 402 that is associated with--
                                    ``(I) the designated representative 
                                or unrepresented party; or
                                    ``(II) an individual identified in 
                                claim.''.
    (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, elected to file a 
        civil action under section 401(a)(2)(B), and made a timely 
        filing under this section as described in section 401(b)''; and
            (3) by striking the second sentence.
    (c) Other Conforming Amendments.--Title IV is amended by striking 
section 404 (2 U.S.C. 1404).
    (d) Clerical Amendments.--The table of contents is amended by 
striking the item 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.--
            ``(1) Notification of intent to file.--To commence a 
        proceeding under this title, a covered employee alleging a 
        violation of law made applicable under part A of title II shall 
        notify the Office of intent to file a claim with the Office.
            ``(2) Information.--On receiving a notification under 
        paragraph (1), the Office shall provide to the covered employee 
        all relevant information with respect to the employee's and the 
        employing office's rights under this Act, the process for 
        filing the claim, and the option for the employee to elect, if 
        the employee so chooses, to file a civil action regarding the 
        alleged violation. The Office shall discuss the information and 
        covered employee's claim with the covered employee. The Office 
        shall initiate the procedures described in this paragraph on 
        the date of the notification.
            ``(3) Filing.--Upon providing the notification described in 
        paragraph (1), and not later than the expiration of the 180-day 
        period in subsection (e), the covered employee may file the 
        claim. The claim shall be made in writing under oath or 
        affirmation, shall describe the facts that form the basis of 
        the claim and the violation that is being alleged, shall 
        identify the employing office alleged to have committed the 
        violation or in which the violation is alleged to have 
        occurred, and shall be in such form as the Office requires.
    ``(b) Initial Processing of Claim.--Upon the filing of a claim by a 
covered employee under subsection (a), the Office shall take such steps 
as may be necessary for the initial intake and recording of the claim 
and shall transmit a copy of the claim to the head of the employing 
office not later than 3 business days after the date on which the claim 
is filed.
    ``(c) Mediation.--
            ``(1) Notification of right to opt out of mediation.--
                    ``(A) Covered employee.--Upon receipt of a claim, 
                the Office shall notify the covered employee about the 
                process for mediation under section 403, the right to 
                opt out of the mediation, and the deadline for opting 
                out of the mediation.
                    ``(B) Employing office.--Upon transmission to the 
                employing office of the claim pursuant to subsection 
                (b), the Office shall notify the employing office about 
                the process for mediation under section 403, the right 
                to opt out of the mediation, and the deadline for 
                opting out of the mediation.
            ``(2) Deadline to opt out of mediation.--Either party may 
        opt out of the mediation. The deadline for opting out shall be 
        10 business days after the date on which the claim that would 
        be the subject of the mediation is filed.
    ``(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 semiannual reports on such assessments 
        each year to the Committee on House Administration and the 
        Committee on Appropriations of the House of Representatives and 
        the Committee on Rules and Administration and the Committee on 
        Appropriations 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; or
            ``(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).''.
    (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. AVAILABILITY OF MEDIATION DURING PROCESS.

    (a) Availability of Mediation.--Section 403(a) (2 U.S.C. 1403(a)) 
is amended to read as follows:
    ``(a) Availability of Mediation.--
            ``(1) In general.--Unless the covered employee who filed a 
        claim under section 402 or the employing office named in the 
        claim opts out of mediation by the deadline described in 
        section 402(c)(2), the Office shall promptly assign a mediator 
        to the claim, and conduct such mediation under this section.
            ``(2) Impact of decision.--A decision by a party to engage 
        in or opt out of mediation as provided in this Act shall not be 
        used for or against the party in any proceeding under this 
        Act.''.
    (b) Requiring Parties To Be Separated During Mediation at Request 
of Employee.--Section 403(b)(2) (2 U.S.C. 1403(b)(2)) is amended by 
striking ``meetings with the parties separately or jointly'' and 
inserting ``meetings with the parties during which, at the request of 
the covered employee, the parties shall be separated,''.
    (c) Period of Mediation.--Section 403(c) (2 U.S.C. 1403(c)) is 
amended--
            (1) in the first sentence, by striking ``beginning on the 
        date the request for mediation is received'' and inserting 
        ``beginning on the first day after the deadline described in 
        section 402(c)(2)''; 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.''.

SEC. 104. HEARINGS.

    (a) 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 request.--If a covered employee 
        elects to file a request for a hearing under this section by 
        the deadline described in paragraph (2), 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.
            ``(2) Deadline for requesting hearing.--The deadline 
        described in this paragraph shall be 90 days after the later 
        of--
                    ``(A) the date on which either party opts out of 
                mediation under section 402(c); or
                    ``(B) the end of the period of mediation under 
                section 403(c).
            ``(3) Effect of filing civil action.--Notwithstanding 
        paragraph (1), if the covered employee files a civil action as 
        provided in section 408 with respect to a complaint, the 
        provisions of section 401(b)(3)(B) shall apply with regard to a 
        hearing under this section.''.
            (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 of a request for a 
        hearing in accordance with subsection (a)''.
            (5) In subsection (d), in the matter preceding paragraph 
        (1), by striking ``complaint'' and inserting ``claim''.
            (6) In subsection (g), by striking ``complaint'' and 
        inserting ``claim''.
    (b) Additional Time to Commence a Hearing Before a Hearing 
Officer.--Section 405(d) (2 U.S.C. 1405(d)), as amended by subsection 
(a), is further amended by striking paragraph (2) and inserting the 
following:
            ``(2) commenced no later than 90 days after the Executive 
        Director receives a request filed under subsection (a), except 
        that, upon mutual agreement of the parties or for good cause, 
        the Office shall extend the time for commencing a hearing for 
        not more than an additional 30 days; and''.
    (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(d), is further amended as follows:
            (1) By amending the item relating to section 405 to read as 
        follows:

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

``Sec. 414. Settlement.''.

                       Subtitle B--Other Reforms

SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR 
              DAMAGES PAID AS SETTLEMENTS AND AWARDS FOR CERTAIN 
              VIOLATIONS.

    (a) Mandating Reimbursement of Amounts Paid.--Section 415 (2 U.S.C. 
1415) is amended by adding at the end the following new subsection:
    ``(d) Reimbursement by Members of Congress for Damages Paid as 
Settlements and Awards.--
            ``(1) Reimbursement required for certain violations.--
                    ``(A) In general.--If a payment is made from the 
                account described in subsection (a) for an award or 
                settlement in connection with a claim alleging a 
                violation described in subparagraph (D) perpetrated 
                directly against a covered employee by an individual 
                who, at the time of committing the violation, was a 
                Member of the House of Representatives (including a 
                Delegate or Resident Commissioner to the Congress) or a 
                Senator, that individual who committed the violation 
                shall reimburse the account for the amount of 
                compensatory damages included in the award or 
                settlement attributable to that violation.
                    ``(B) Separate finding required in case of award or 
                settlement.--Personal liability or a reimbursement 
                requirement may not be imposed on an individual under 
                this subsection unless the hearing officer, the court, 
                or the corresponding committee described in section 
                416(e)(1) (as the case may be) makes a finding, 
                separate from the finding on the underlying claim, that 
                the individual perpetrated a violation requiring 
                reimbursement under this subsection.
                    ``(C) Multiple claims.--If an award or settlement 
                is made for multiple claims, some of which do not 
                require reimbursement under this subsection, the Member 
                or Senator shall only be required to reimburse for the 
                amount of compensatory damages included in the portion 
                of the award or settlement attributable to a claim 
                requiring reimbursement.
                    ``(D) Violation described.--A violation described 
                in this subparagraph is--
                            ``(i) unwelcome harassment by an individual 
                        described in subparagraph (A) on any basis 
                        protected by section 201(a) or 206(a) that has 
                        the purpose or effect of unreasonably 
                        interfering, and is sufficiently severe or 
                        pervasive to unreasonably interfere, with a 
                        covered employee's work performance or create 
                        an intimidating, hostile, or offensive working 
                        environment; or
                            ``(ii) in the case of a violation of 
                        section 201(a) on the basis of sex, conduct by 
                        an individual described in subparagraph (A) 
                        that is an unwelcome sexual advance or request 
                        for sexual favors, when--
                                    ``(I) submission to such conduct is 
                                made either explicitly or implicitly a 
                                term or condition of the covered 
                                employee's employment; or
                                    ``(II) submission to or rejection 
                                of such conduct by the employee is used 
                                as the basis for an employment decision 
                                affecting such employee.
            ``(2) Withholding amounts from compensation.--
                    ``(A) Establishment of timetable and procedures by 
                committees.--For purposes of carrying out subparagraph 
                (B), the applicable Committee shall establish a 
                timetable and procedures for the withholding of amounts 
                from the compensation of an individual who is a Member 
                of the House of Representatives or a Senator.
                    ``(B) Deadline.--The payroll administrator shall 
                withhold from an individual's compensation and transfer 
                to the account described in subsection (a) (after 
                transferring to the account of the individual in the 
                Thrift Savings Fund any amount that the individual had 
                requested to be so transferred) such amounts as may be 
                necessary to reimburse the account described in 
                subsection (a) for the reimbursable portion of the 
                award or settlement described in paragraph (1) if the 
                individual has not reimbursed the account as required 
                under paragraph (1) prior to the expiration of the 90-
                day period which begins on the date a payment is made 
                from the account for such an award or settlement.
                    ``(C) Applicable committee defined.--In this 
                paragraph, the `applicable Committee' means--
                            ``(i) the Committee on House Administration 
                        of the House of Representatives, in the case of 
                        an individual who, at the time of the 
                        withholding, is a Member of the House; or
                            ``(ii) the Committee on Rules and 
                        Administration of the Senate, in the case of an 
                        individual who, at the time of the withholding, 
                        is a Senator.
            ``(3) Administrative wage garnishment or other collection 
        of wages from a subsequent position.--
                    ``(A) Individual subject to garnishment or other 
                collection.--Subparagraph (B) shall apply to an 
                individual who is subject to the reimbursement 
                requirement of this subsection if, by the expiration of 
                the 180-day period that begins on the date a payment is 
                made from the account described in subsection (a) 
                relating to an award or settlement described in 
                paragraph (1), the individual--
                            ``(i) has not reimbursed the account for 
                        the entire reimbursable portion as required 
                        under paragraph (1); and
                            ``(ii) is not employed as a Member of the 
                        House of Representatives or a Senator but is 
                        employed in a subsequent non-Federal position.
                    ``(B) Garnishment or other collection of wages.--On 
                the expiration of that 180-day period, the amount of 
                the reimbursable portion of an award or settlement 
                described in paragraph (1) (reduced by any amount the 
                individual has reimbursed, taking into account any 
                amounts withheld under paragraph (2)) shall be treated 
                as a delinquent nontax debt and transferred to the 
                Secretary of the Treasury for collection. Upon that 
                transfer, the Secretary of the Treasury shall collect 
                the debt, in accordance with section 3711 of title 31, 
                United States Code, including by administrative wage 
                garnishment of the wages of the individual described in 
                subparagraph (A) from the position described in 
                subparagraph (A)(ii). The Secretary of the Treasury 
                shall transfer the collected amount to the account 
                described in subsection (a).
            ``(4) Notification to office of personnel management and 
        secretary of the treasury.--If the individual does not obtain 
        employment in a subsequent position referred to in paragraph 
        (3)(A)(ii), not later than 90 days after the individual is 
        first no longer receiving compensation as a Member or a 
        Senator, the amounts withheld or collected under this 
        subsection have not been sufficient to reimburse the account 
        described in subsection (a) for the reimbursable portion of the 
        award or settlement described in paragraph (1), the payroll 
        administrator--
                    ``(A) shall notify the Director of the Office of 
                Personnel Management, who shall take such actions as 
                the Director considers appropriate to withhold from any 
                annuity payable to the individual under chapter 83 or 
                chapter 84 of title 5, United States Code, and transfer 
                to the account described in subsection (a), such 
                amounts as may be necessary to reimburse the account 
                for the reimbursable portion of an award or settlement 
                described in paragraph (1); and
                    ``(B) shall notify the Secretary of the Treasury, 
                who (if necessary), notwithstanding section 207 of the 
                Social Security Act (42 U.S.C. 407), shall take such 
                actions as the Secretary of the Treasury considers 
                appropriate to withhold from any payment to the 
                individual under title II of the Social Security Act 
                (42 U.S.C. 401 et seq.) and transfer to the account 
                described in subsection (a), such amounts as may be 
                necessary to reimburse the account for the reimbursable 
                portion of an award or settlement described in 
                paragraph (1).
            ``(5) Coordination between opm and treasury.--The Director 
        of the Office of Personnel Management and the Secretary of the 
        Treasury shall carry out paragraph (4) in a manner that ensures 
        the coordination of the withholding and transferring of amounts 
        under such paragraph, in accordance with regulations 
        promulgated by the Director and the Secretary.
            ``(6) Right to intervene.--An individual who is subject to 
        the reimbursement requirement of this subsection shall have the 
        unconditional right to intervene in any mediation, hearing, or 
        civil action under this title to protect the interests of the 
        individual in the determination of whether an award or 
        settlement described in paragraph (1) should be made, and the 
        amount of any such award or settlement, except that nothing in 
        this paragraph may be construed to require the covered employee 
        who filed the claim to be deposed by counsel for the individual 
        in a deposition that is separate from any other deposition 
        taken from the employee in connection with the hearing or civil 
        action.
            ``(7) Definitions.--In this subsection, the term `payroll 
        administrator' means--
                    ``(A) in the case of an individual who is a Member 
                of the House of Representatives, the Chief 
                Administrative Officer of the House of Representatives, 
                or an employee of the Office of the Chief 
                Administrative Officer who is designated by the Chief 
                Administrative Officer to carry out this subsection; or
                    ``(B) in the case of an individual who is a 
                Senator, the Secretary of the Senate, or an employee of 
                the Office of the Secretary of the Senate who is 
                designated by the Secretary to carry out this 
                subsection.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to claims made on or after the date of the enactment 
of this Act.

SEC. 112. AUTOMATIC REFERRAL TO CONGRESSIONAL ETHICS COMMITTEES OF 
              DISPOSITION OF CERTAIN CLAIMS ALLEGING VIOLATIONS OF 
              CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 INVOLVING 
              MEMBERS OF CONGRESS 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 (6)) of a claim alleging a 
        violation of section 201(a) or 206(a) that is perpetrated 
        directly against a covered employee by a Member of the House of 
        Representatives (including a Delegate or Resident Commissioner 
        to the Congress) or a Senator, or 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 settlement documents in the case of a settlement and 
        findings by the hearing officer involved in the case of an 
        award under this title.
            ``(3) Review by congressional ethics committees of 
        settlements of certain claims.--After the receipt of a 
        settlement agreement for a claim that includes an allegation of 
        a violation of section 201(a) or 206(a) that is perpetrated 
        directly against a covered employee as described in section 
        415(d)(1)(D) by a Member of the House of Representatives 
        (including a Delegate or a Resident Commissioner to the 
        Congress) or a Senator, the corresponding committee described 
        in paragraph (1) shall--
                    ``(A) not later than 90 days after that receipt, 
                review the settlement agreement;
                    ``(B) determine whether an investigation of the 
                claim is warranted; and
                    ``(C) if the committee determines, after the 
                investigation, that the claim that resulted in the 
                settlement involved an actual violation of section 
                201(a) or 206(a) perpetrated directly against a covered 
                employee as described in section 415(d)(1)(D) by the 
                Member or Senator, then the committee shall notify the 
                Executive Director to request the reimbursement 
                described in section 415(d) and include the settlement 
                in the report required by section 301(l).
            ``(4) 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.
            ``(5) Authority to protect identity of a claimant.--
                    ``(A) Redactions.--If a Committee issues a report 
                as described in paragraph (4), 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.
            ``(6) Definitions.--In this subsection:
                    ``(A) Final disposition.--The `final disposition' 
                of a claim means the following:
                            ``(i) An agreement to pay a settlement, 
                        including an agreement reached pursuant to 
                        mediation under section 403.
                            ``(ii) An order to pay an award that is 
                        final and not subject to appeal.
                    ``(B) Senior staffer.--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 OPTION TO REQUEST 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 of part A of 
        title II by the covered employee's employing office, during the 
        pendency of any of the procedures available under this title 
        for consideration of the claim, the employing office may permit 
        the covered employee to carry out the employee's 
        responsibilities from a remote location (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 paragraph (1).
            ``(3) Ensuring no retaliation.--An employing office may not 
        grant 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) 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''.
    (b) Claims.--Section 416 (2 U.S.C. 1416), as amended by section 
112, is further amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b) through (f) as 
        subsections (a) through (e), respectively;
            (3) in subsection (b), as redesignated by paragraph (2) of 
        this subsection, by striking ``subsections (d), (e), and (f)'' 
        and inserting ``subsections (c), (d), and (e)''; and
            (4) by adding at the end the following:
    ``(f) Claims.--Nothing in this section may be construed to prohibit 
a covered employee from disclosing the factual allegations supporting 
the covered employee's claim, or to prohibit an employing office from 
disclosing the factual allegations supporting the employing office's 
defense to the claim, in the course of any proceeding under this 
title.''.

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

    (a) Requiring Reimbursement.--Section 415 (2 U.S.C. 1415), as 
amended by section 111, is further amended by adding at the end the 
following new subsection:
    ``(e) Reimbursement by Employing Offices.--
            ``(1) Notification of payments made from account.--As soon 
        as practicable after the Executive Director is made aware that 
        a payment of an award or settlement under this Act has been 
        made from the account described in subsection (a) in connection 
        with a claim alleging a violation described in section 201(a) 
        or 206(a) 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) for an award 
or settlement for a claim that is filed 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 AWARDS AND SETTLEMENTS.

    (a) Annual Reports on 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) Annual Reports on Awards and Settlements.--
            ``(1) In general.--Not later than 45 days after the 
        beginning of each calendar year, the Office shall submit to 
        Congress and publish on the Office's public website a report 
        listing each award that is the result of a violation of part A 
        of title II or settlement that is attributable to a finding 
        described in section 415(d)(1)(B) and that was paid during the 
        previous calendar year from the account described in section 
        415(a). The report shall include information on the employing 
        office involved, the amount of the award or settlement, the 
        provision that was the subject of the claim, and (in the case 
        of an award or settlement resulting from a finding described in 
        section 415(d)(1)(B)), whether the Member or former Member is 
        in compliance with the requirement of section 415(d) to 
        reimburse the account for the reimbursable portion 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) Recordkeeping.--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 section 207 
        of such Act (2 U.S.C. 1317) 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. 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), (C), and (E) of section 
101(9), regarding the workplace environment of such office. The Office 
shall make the survey available (which may include making the survey 
available electronically) to all such employees. Employee responses to 
the survey shall be voluntary.
    ``(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.
            ``(3) Survey form.--The Office shall not include any code 
        or information on the survey form that makes a respondent to 
        the survey, or the respondent's employing office, individually 
        identifiable.
    ``(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.''.
    (b) Clerical Amendment.--The table of contents is amended by adding 
at the end of the items relating to title III the following new item:

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

SEC. 203. RECORD RETENTION.

    Section 301 (2 U.S.C. 1381), as amended by section 201(a), is 
further amended by adding at the end the following new subsection:
    ``(m) Record Retention.--Not later than 180 days following the date 
of enactment of the Congressional Accountability Act of 1995 Reform 
Act, the Office, in consultation with the Committee on House 
Administration of the House of Representatives and the Committee on 
Rules and Administration of the Senate, shall create a program to be 
enforced by the Office for the proper and timely disposition of 
confidential documents and data created or obtained by mediators or 
hearing officers in connection with their service in confidential 
proceedings under this Act.''.

SEC. 204. CONFIDENTIAL ADVISOR.

    Section 302 (2 U.S.C. 1382) is amended--
            (1) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Confidential Advisor.--
            ``(1) In general.--The Executive Director shall--
                    ``(A) appoint, and fix the compensation of, and may 
                remove, a Confidential Advisor; or
                    ``(B) designate an employee of the Office to serve 
                as a Confidential Advisor.
            ``(2) Duties.--
                    ``(A) Voluntary services.--The Confidential Advisor 
                shall offer to provide to covered employees described 
                in paragraph (4) the services described in subparagraph 
                (B), which a covered employee may accept or decline.
                    ``(B) Services.--The services referred to in 
                subparagraph (A) are--
                            ``(i) informing, on a privileged and 
                        confidential basis, a covered employee who has 
                        experienced a practice that may be a violation 
                        of part A of title II about the employee's 
                        rights under this Act;
                            ``(ii) consulting, on a privileged and 
                        confidential basis, with a covered employee who 
                        has experienced a practice that may be a 
                        violation of part A of title II regarding--
                                    ``(I) the roles, responsibilities, 
                                and authority of the Office; and
                                    ``(II) the relative merits of 
                                securing private counsel, designating a 
                                non-attorney representative, or 
                                proceeding without representation 
                                during proceedings before the Office;
                            ``(iii) assisting, on a privileged and 
                        confidential basis, a covered employee who 
                        seeks consideration under title IV of an 
                        allegation of a violation of part A of title II 
                        in understanding the procedures, and the 
                        significance of the procedures, described in 
                        that title IV; and
                            ``(iv) informing, on a privileged and 
                        confidential basis, a covered employee who has 
                        experienced a practice that may be a violation 
                        of part A of title II about the option of 
                        pursuing, in appropriate circumstances, a 
                        complaint with the Committee on Ethics of the 
                        House of Representatives or the Select 
                        Committee on Ethics of the Senate.
            ``(3) Qualifications.--The Confidential Advisor shall be a 
        lawyer who--
                    ``(A) is admitted to practice before, and is in 
                good standing with, the bar of a State of the United 
                States, the District of Columbia, or a territory of the 
                United States; and
                    ``(B) has experience representing clients in cases 
                involving the workplace laws incorporated by part A of 
                title II.
            ``(4) Individuals covered.--The services described in 
        paragraph (2) are available to any covered employee (which, for 
        purposes of this subsection, shall include any staff member 
        described in section 201(d) and any former covered employee 
        (including any former staff member described in that section)), 
        except that--
                    ``(A) a former covered employee may only request 
                such services if the practice that may be a violation 
                of part A of title II occurred during the employment or 
                service of the employee; and
                    ``(B) a covered employee described in this 
                paragraph may only request such services before the 
                expiration of the 180-day period described in section 
                402(e).
            ``(5) Restrictions.--The Confidential Advisor--
                    ``(A) shall not provide legal advice to, or act as 
                the designated representative for, any covered employee 
                in connection with the covered employee's participation 
                in any proceeding, including any proceeding under this 
                Act, any judicial proceeding, or any proceeding before 
                any committee of Congress; and
                    ``(B) shall not serve as a mediator in any 
                mediation conducted pursuant to section 403.''.

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. APPLICATION OF GENETIC INFORMATION NONDISCRIMINATION ACT OF 
              2008.

    Section 102 (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. 302. EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS AGAINST 
              EMPLOYMENT DISCRIMINATION.

    (a) Extension.--Section 201(d) (2 U.S.C. 1311(d)) is amended to 
read as follows:
    ``(d) Application to Unpaid Staff.--
            ``(1) In general.--Subsections (a) and (b) and section 207 
        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, in the same manner and to the same extent 
        as such subsections and section 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. 303. PROVISIONS RELATING TO INSTRUMENTALITIES.

    (a) References to Former Office of Technology Assessment.--
            (1) Public services and accommodations provisions.--Section 
        210(a) (2 U.S.C. 1331(a)) is amended--
                    (A) in paragraph (9), by adding ``and'' at the end;
                    (B) by striking paragraph (10); and
                    (C) by redesignating paragraph (11) as paragraph 
                (10).
            (2) Occupational safety and health provisions.--Section 
        215(e)(1) (2 U.S.C. 1341(e)(1)) is amended by striking ``the 
        Office of Technology Assessment,''.
            (3) Labor-management provisions.--Section 220(e)(2)(G) (2 
        U.S.C. 1351(e)(2)(G)) is amended by striking ``, the Office of 
        Technology Assessment,''.
    (b) Amendments Relating to LoC Coverage of Library Visitors.--
            (1) In general.--Section 210 (2 U.S.C. 1331) is amended--
                    (A) by redesignating subsection (h) as subsection 
                (i); and
                    (B) by inserting after subsection (g) the 
                following:
    ``(h) Election of Remedies Relating to Rights to Public Services 
and Accommodations for Library Visitors.--
            ``(1) Definition of library visitor.--In this subsection, 
        the term `Library visitor' means an individual who is eligible 
        to bring a claim for a violation under title II or III of the 
        Americans with Disabilities Act of 1990 (other than a violation 
        for which the exclusive remedy is under section 201) against 
        the Library of Congress.
            ``(2) Election of remedies.--
                    ``(A) In general.--A Library visitor who alleges a 
                violation of subsection (b) by the Library of Congress 
                may, subject to subparagraph (B)--
                            ``(i) file a charge against the Library of 
                        Congress under subsection (d); or
                            ``(ii) use the remedies and procedures set 
                        forth in section 717 of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e-16), as provided under 
                        section 510 (other than paragraph (5)) of the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12209).
                    ``(B) Timing.--A Library visitor that has initiated 
                proceedings under clause (i) or (ii) of subparagraph 
                (A) may elect to change and initiate a proceeding under 
                the other clause--
                            ``(i) in the case of a Library visitor who 
                        first filed a charge pursuant to subparagraph 
                        (A)(i), before the General Counsel files a 
                        complaint under subsection (d)(3); or
                            ``(ii) in the case of a Library visitor who 
                        first initiated a proceeding under subparagraph 
                        (A)(ii), before the Library visitor requests a 
                        hearing under the procedures of the Library of 
                        Congress described in such subparagraph.''.
            (2) Effective date and applicability.--The amendments made 
        by this subsection shall take effect as if such amendments were 
        included in section 153 of the Legislative Branch 
        Appropriations Act, 2018 (Public Law 115-141), and shall apply 
        as specified in section 153(c) of such Act.

SEC. 304. NOTICES.

    Part E of title II (2 U.S.C. 1361) is amended--
            (1) in section 225 (2 U.S.C. 1361)--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsection (f) as subsection 
                (e).
            (2) 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.)) or 
        206(a); 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. 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 subparagraph (I);
                    (B) by striking the period at the end of 
                subparagraph (J) and inserting a semicolon;
                    (C) by redesignating subparagraph (J) as 
                subparagraph (I); and
                    (D) by adding at the end the following:
                    ``(J) the John C. Stennis Center for Public Service 
                Training and Development;
                    ``(K) the China Review Commission;
                    ``(L) the Congressional-Executive China Commission; 
                or
                    ``(M) 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) is amended by adding at the end the following:
            ``(13) 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.
            ``(14) 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.).
            ``(15) 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 Office of 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 Office of 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 (M)''.
    (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. 306. 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 305(b), is further 
amended by inserting after section 509 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 305(b), the following new item:

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

SEC. 307. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES.

    (a) In General.--Title V (2 U.S.C. 1431 et seq.), as amended by 
section 306(a), is further amended by inserting after section 510 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) 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 facilitate equitable access to the resources 
        and services provided under this Act for its out-of-area 
        covered employees, including information regarding the 
        communication methods described in paragraph (1).
    ``(c) Employing Offices.--It is the sense of Congress that each 
employing office with out-of-area covered employees should use its best 
efforts to facilitate equitable access to the resources and services 
provided under this Act for those employees.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 510, as inserted by 
section 306(b), the following new item:

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

SEC. 308. RENAMING OFFICE OF COMPLIANCE AS OFFICE OF CONGRESSIONAL 
              WORKPLACE RIGHTS.

    (a) Renaming.--Section 301 (2 U.S.C. 1381) 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. Establishment of the 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 specified in 
section 401(a) 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.

            Passed the Senate May 24, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 2952

_______________________________________________________________________

                                 AN ACT

  To amend the Congressional Accountability Act of 1995 to establish 
protections against congressional sexual harassment and discrimination, 
                        and for other purposes.