[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3749 Considered and Passed Senate (CPS)]
<DOC>
115th CONGRESS
2d Session
S. 3749
To amend the Congressional Accountability Act of 1995 to reform the
procedures provided under such Act for the initiation, review, and
resolution of claims alleging that employing offices of the legislative
branch have violated the rights and protections provided to their
employees under such Act, including protections against sexual
harassment, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 13, 2018
Ms. Klobuchar (for herself, Mr. Blunt, Mr. McConnell, and Mr. Schumer)
introduced the following bill; which was read twice, considered, read
the third time, and passed
_______________________________________________________________________
A BILL
To amend the Congressional Accountability Act of 1995 to reform the
procedures provided under such Act for the initiation, review, and
resolution of claims alleging that employing offices of the legislative
branch have violated the rights and protections provided to their
employees under such Act, including protections against sexual
harassment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Congressional
Accountability Act of 1995 Reform Act''.
(b) References in Act.--Except as otherwise expressly provided,
whenever in this Act an amendment 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, Preliminary Review,
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. Preliminary review of claims by hearing officer.
Sec. 104. Availability of mediation during process.
Subtitle B--Other Reforms
Sec. 111. Requiring Members of Congress to reimburse Treasury for
amounts paid as settlements and awards in
cases of acts by Members.
Sec. 112. Automatic referral to Congressional Ethics Committees of
disposition of certain claims alleging
violations of Congressional Accountability
Act of 1995 involving Members of Congress
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 awards and settlements.
Sec. 202. Workplace climate surveys of employing offices.
Sec. 203. Record retention.
Sec. 204. Confidential advisors.
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. Clarification of treatment of Library of Congress visitors.
Sec. 304. Notices.
Sec. 305. Clarification of coverage of employees of 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, Preliminary Review,
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 Review of Claims.--Except as otherwise provided,
the procedure for consideration of an alleged violation of part A of
title II consists of--
``(1) the filing of a claim by the covered employee
alleging the violation, as provided in section 402;
``(2) the preliminary review of the claim, to be conducted
by a hearing officer as provided in section 403;
``(3) mediation as provided in section 404, if requested
and agreed to by the parties under that section; and
``(4) 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) Right of Employee to File Civil Action.--
``(1) Civil action.--Only a covered employee who has filed
a claim timely as provided in section 402 and who has not
submitted a request for a hearing on the claim pursuant to
section 405(a) may, during the period described in paragraph
(3), file a civil action in a District Court of the United
States with respect to the violation alleged in the claim, as
provided in section 408.
``(2) Effect of filing civil action.--Notwithstanding
paragraph (2), (3), or (4) of subsection (a), if the covered
employee files such a civil action--
``(A) the preliminary review of the claim by the
hearing officer as provided in section 403 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 review
of the claim by the hearing officer as provided in
section 403.
``(3) Period for filing civil action.--The period described
in this paragraph with respect to a claim is the 70-day period
which begins on the date the covered employee files the claim
under section 402.
``(4) Special rule for employees who fail to state a claim
for which relief may be granted.--Notwithstanding paragraph
(3), if a covered employee receives a written notice from the
hearing officer under section 403(d)(2) that the employee has
the right to file a civil action with respect to the claim in
accordance with section 408, the covered employee may file the
civil action not later than 90 days after receiving such
written notice.
``(c) Special Rule for Architect of the Capitol and Capitol
Police.--In the case of an employee of the Office of the Architect of
the Capitol or of the Capitol Police, the Office, after receiving a
claim filed under section 402, may recommend that the employee use the
grievance procedures of the Architect of the Capitol or the Capitol
Police for resolution of the employee's grievance for a specific period
of time. Any deadline in this Act relating to a claim for which the
employee is using the grievance procedures, that has not already passed
by the first day of that specific period, shall be stayed during that
specific period.
``(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, at any
time before the date that is 10 days after a hearing officer
submits the report on the preliminary review of the claim under
section 403(c), elect to bring the claim for a proceeding
before the corresponding Federal agency under the corresponding
direct provision, instead of continuing with the procedures
applicable to the claim under this title or filing a civil
action in accordance with section 408.
``(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 and continue with the corresponding procedures of
this title available and applicable to a covered
employee.
``(4) Timing.--A Library claimant who meets the initial
deadline under section 402(d) for filing a claim under this
title, or any initial deadline for bringing a claim, complaint,
or charge under the applicable direct provision, and then
elects to change to alternative procedures as described in
paragraph (2) or (3)(B), shall be considered to meet any
initial deadline for the alternative procedures.
``(5) 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 Parties to Retain Private Counsel.--Nothing in this
Act may be construed to limit the authority of any individual
(including a covered employee, the head of an employing office, or an
individual who is alleged to have committed personally an act which
consists of a violation of part A of title II) to retain counsel to
protect the interests of the individual at any point during any of the
procedures provided under this title for the consideration of an
alleged violation of part A of title II, including as provided under
section 415(d)(8) with respect to individuals subject to a
reimbursement requirement of section 415(d).
``(f) Standards for Assertions Made by Parties.--Any party in any
of the procedures provided under this title, as well as any counsel or
other person representing a party in any of such procedures, shall have
an obligation to ensure that, to the best of the party'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
party 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 review 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.
``(g) Procedure.--Nothing in this Act shall be construed to
supersede or limit section 225(d)(2).''.
(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
(3) by striking the second sentence.
(c) Other Conforming Amendments to Title IV.--Title IV is amended--
(1) by striking section 404 (2 U.S.C. 1404); and
(2) by redesignating section 403 (2 U.S.C. 1403) as section
404.
(d) Miscellaneous Conforming Amendment.--Section 225 (2 U.S.C.
1361) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(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) Claim.--
``(1) Filing of claim.--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 Office shall not accept a claim which is filed
after the deadline applicable under subsection (d).
``(2) Contents of claim.--The claim filed under this
section 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.
``(3) No effect on ability of covered employee to seek
information from office or pursue relief.--Nothing in paragraph
(2), or subsection (b) or (c), may be construed to limit the
ability of a covered employee--
``(A) to contact the Office or any other
appropriate office prior to filing a claim under this
section to seek information regarding the employee's
rights under this Act and the procedures available
under this Act;
``(B) in the case of a covered employee of an
employing office of the House of Representatives or
Senate, to refer information regarding an alleged
violation of part A of title II to the Committee on
Ethics of the House of Representatives or the Select
Committee on Ethics of the Senate (as the case may be);
or
``(C) to file a civil action in accordance with
section 401(b).
``(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 each party with all relevant information
with respect to the rights of the party under this Act, and
shall transmit immediately a copy of the claim to the head of
the employing office and the designated representative of that
office.
``(2) Special notification requirements for claims based on
acts by members of congress.--
``(A) In general.--In the case of a claim alleging
a violation described in subparagraph (B) which
consists of a violation described in section
415(d)(1)(A) by an individual, upon the filing of the
claim under subsection (a), the Office shall notify
immediately such individual of the claim, the
possibility that the individual may be required to
reimburse the account described in section 415(a) for
the reimbursable portion of any award or settlement in
connection with the claim, and the right of the
individual under section 415(d)(8) to intervene in any
mediation, hearing, or civil action under this title
with respect to the claim.
``(B) Violations described.--A violation described
in this subparagraph is--
``(i) harassment that is unlawful under
section 201(a) or 206(a); or
``(ii) intimidation, reprisal, or
discrimination that is unlawful under section
207 and is taken against a covered employee
because of a claim alleging a violation
described in clause (i).
``(c) Use of Secure Electronic Reporting and Tracking System.--
``(1) Establishment and operation of secure system.--The
Office shall establish and operate a secure electronic
reporting system through which a covered employee may initiate
a proceeding under this title, and which will keep an
electronic record of the date and time at which the proceeding
is initiated and will track all subsequent actions or
proceedings occurring with respect to the proceeding under this
title.
``(2) Accessibility to all parties.--The system shall be
accessible to all parties to such actions or proceedings, but
only until the completion of such actions or proceedings.
``(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.
``(d) Deadline.--A covered employee may not file a claim under this
section with respect to an allegation of a violation of law after the
expiration of the 180-day period which begins on the date of the
alleged violation.''.
(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. PRELIMINARY REVIEW OF CLAIMS BY HEARING OFFICER.
(a) Preliminary Review Described.--Title IV (2 U.S.C. 1401 et
seq.), as amended by section 101(c), is further amended by inserting
after section 402 the following new section:
``SEC. 403. PRELIMINARY REVIEW OF CLAIMS.
``(a) Preliminary Review by Hearing Officer.--
``(1) Appointment.--Not later than 7 days after
transmission to the employing office of a claim pursuant to
section 402(b), the Executive Director shall appoint a hearing
officer to conduct a preliminary review of the claim.
``(2) Process for appointment.--The Executive Director
shall appoint a hearing officer under this subsection in the
same manner and in accordance with the same requirements and
procedures applicable to the appointment of a hearing officer
under section 405(c).
``(b) Assessments Required.--In conducting a preliminary review of
a claim under this section, the hearing officer shall assess each of
the following:
``(1) Whether the claimant is a covered employee authorized
to obtain relief relating to the claim under this title.
``(2) Whether the office which is the subject of the claim
is an employing office under this Act.
``(3) Whether the individual filing the claim has met the
applicable deadlines for filing the claim under this title.
``(4) The identification of factual and legal issues
involved with respect to the claim.
``(5) The specific relief sought by the individual.
``(6) Whether, on the basis of the assessments made under
paragraphs (1) through (5), the individual filing the claim is
a covered employee who has stated a claim for which, if the
allegations contained in the claim are true, relief may be
granted under this title.
``(7) The potential for the settlement of the claim without
a formal hearing as provided under section 405 or a civil
action as provided under section 408.
``(c) Report on Review.--
``(1) Report.--Not later than 30 days after a claim is
filed under section 402, the hearing officer shall submit to
the individual filing the claim and the office which is the
subject of the claim a report on the preliminary review
conducted under this section, and shall include in the report
the hearing officer's determination as to whether the
individual is a covered employee who has stated a claim for
which relief may be granted under this title (as described in
paragraph (6) of subsection (b)). The submission of the report
shall conclude the preliminary review.
``(2) Extension of deadline.--The hearing officer may (upon
notice to the individual filing the claim and the employing
office which is the subject of the claim) use an additional
period of not to exceed 30 days to conclude the preliminary
review.
``(d) Effect of Determination of Failure to State Claim for Which
Relief May Be Granted.--If the hearing officer's report on the
preliminary review of a claim under subsection (c) includes the
determination that the individual filing the claim is not a covered
employee or has not stated a claim for which relief may be granted
under this title--
``(1) the individual (including an individual who is a
Library claimant, as defined in section 401(d)(1)) may not
obtain a formal hearing with respect to the claim as provided
under section 405; and
``(2) the hearing officer shall provide the individual and
the Executive Director with a written notice that the
individual may file a civil action with respect to the claim in
accordance with section 408.
``(e) Transmission of Report on Preliminary Review of Certain
Claims to Congressional Ethics Committees.--In the case of a hearing
officer's report under subsection (c) on the preliminary review of a
claim alleging a violation described in section 415(d)(1)(A), the
hearing officer shall transmit the report to--
``(1) the Committee on Ethics of the House of
Representatives, in the case of such an act by a Member of the
House of Representatives (including a Delegate or Resident
Commissioner to the Congress); or
``(2) the Select Committee on Ethics of the Senate, in the
case of such an act by a Senator.''.
(b) Deadline for Requesting Hearing After Preliminary Review.--
Section 405(a) (2 U.S.C. 1405(a)) is amended to read as follows:
``(a) Requirement for Hearings to Commence in Office.--
``(1) Hearing required upon request.--If, not later than 10
days after a hearing officer submits the report on the
preliminary review of a claim under section 403(c), a covered
employee submits a request to the Executive Director for a
hearing under this section, 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) Exceptions.--Paragraph (1) does not apply with
respect to the claim if--
``(A) the hearing officer's report on the
preliminary review of the claim under section 403(c)
includes the determination that the individual filing
the claim is not a covered employee who has stated a
claim for which relief may be granted under this title
(as described in section 403(d)); or
``(B) the covered employee files a civil action as
provided in section 408 with respect to the claim.''.
(c) Prohibiting Hearing Officer Conducting Preliminary Review From
Conducting Hearing.--Section 405(c) (2 U.S.C. 1405(c)) is amended by
adding at the end the following new paragraph:
``(3) Prohibiting hearing officer conducting preliminary
review from conducting hearing.--The Executive Director may not
appoint a hearing officer to conduct a hearing under this
section with respect to a claim if the hearing officer
conducted the preliminary review with respect to the claim
under section 403.''.
(d) Deadline for Commencement of Hearing; Permitting Additional
Time.--Section 405(d) (2 U.S.C. 1405(d)) is amended by striking
paragraph (2) and inserting the following:
``(2) commenced no later than 90 days after the Executive
Director receives the covered employee's request for the
hearing 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''.
(e) Other Conforming Amendments Relating to Hearings Conducted 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) In subsection (c)(1), by striking ``complaint'' and
inserting ``request for a hearing under subsection (a)''.
(3) In subsection (d) in the matter preceding paragraph
(1), by striking ``complaint'' and inserting ``claim''.
(4) In subsection (g), by striking ``complaint'' and
inserting ``claim''.
(f) Other Conforming Amendment.--The heading of section 414 (2
U.S.C. 1414) is amended by striking ``of complaints''.
(g) 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. Preliminary review 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 PROCESS.
(a) Availability of Mediation.--Section 404(a) (2 U.S.C. 1403(a)),
as redesignated by section 101(c), is amended to read as follows:
``(a) Availability of Mediation.--
``(1) Notification regarding mediation.--
``(A) Covered employee.--Upon receipt of a claim
under section 402, the Office shall notify the covered
employee who filed the claim about the process for
mediation under this section and the deadlines
applicable to such mediation.
``(B) Employing office.--Upon transmission to the
employing office of the claim pursuant to section
402(b), the Office shall notify the employing office
about the process for mediation under this section and
the deadlines applicable to such mediation.
``(2) Initiation.--
``(A) In general.--During the period described in
subparagraph (B), either the covered employee who filed
a claim under section 402 or the employing office named
in the claim may file a request for mediation with the
Office, which shall promptly notify the other party. If
the other party agrees to the request, the Office shall
promptly assign a mediator to the claim, and conduct
mediation under this section.
``(B) Timing.--A covered employee or an employing
office may file a request for mediation under
subparagraph (A) during the period beginning on the
date that the covered employee or employing office,
respectively, receives a notification under paragraph
(1) regarding a claim under section 402 and ending on
the date on which a hearing officer issues a written
decision relating to the claim under section 405(g) or
the covered employee files a civil action with respect
to the claim in accordance with section 408, as
applicable.
``(3) Failure to request or accept mediation to have no
effect on treatment of claim.--The failure of a party to
request mediation under this section with respect to a claim,
or the failure of a party to agree to a request for mediation
under this section, may not be taken into consideration under
any procedure under this title with respect to the claim,
including a preliminary review under section 403, a formal
hearing under section 405, or a civil action under section
408.''.
(b) 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(c), is amended by striking ``meetings with the parties
separately or jointly'' and inserting ``meetings with the parties
during which, at the request of any of the parties, the parties shall
be separated,''.
(c) Period of Mediation.--Section 404(c) (2 U.S.C. 1403(c)), as
redesignated by section 101(c), is amended by striking the first 2
sentences and inserting the following: ``The mediation period shall be
30 days, beginning on the first day after the second party agrees to
the request for the mediation. The mediation period may be extended for
one additional period of 30 days at the joint request of the covered
employee and employing office. Any deadline in this Act relating to a
claim for which mediation has been agreed to in this section, that has
not already passed by the first day of the mediation period, shall be
stayed during the mediation period.''.
Subtitle B--Other Reforms
SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR
AMOUNTS PAID AS SETTLEMENTS AND AWARDS IN CASES OF ACTS
BY MEMBERS.
(a) Mandating Reimbursement of Amounts Paid.--Section 415 (2 U.S.C.
1415) is amended by adding at the end the following new subsection:
``(d) Reimbursement by Members of Congress of Amounts Paid as
Settlements and Awards.--
``(1) Reimbursement required for certain violations.--
``(A) In general.--Subject to subparagraphs (B) and
(D), 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 (C) committed personally 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, the individual shall reimburse the account for
the amount of the award or settlement for the claim
involved.
``(B) Conditions.--In the case of an award made
pursuant to a decision of a hearing officer under
section 405, or a court in a civil action, subparagraph
(A) shall apply only if the hearing officer or court
makes a separate finding that a violation described in
subparagraph (C) occurred which was committed
personally 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, and such
individual shall reimburse the account for the amount
of compensatory damages included in the award as would
be available if awarded under section 1977A(b)(3) of
the Revised Statutes (42 U.S.C. 1981a(b)(3))
irrespective of the size of the employing office. In
the case of a settlement for a claim described in
section 416(d)(3), subparagraph (A) shall apply only if
the conditions specified in section 416(d)(3) for
requesting reimbursement are met.
``(C) Violations described.--A violation described
in this subparagraph is--
``(i) harassment that is unlawful under
section 201(a) or 206(a); or
``(ii) intimidation, reprisal, or
discrimination that is unlawful under section
207 and is taken against a covered employee
because of a claim alleging a violation
described in clause (i).
``(D) Multiple claims.--If an award or settlement
is made for multiple claims, some of which do not
require reimbursement under this subsection, the
individual described in subparagraph (A) shall only be
required to reimburse for the amount (referred to in
this Act as the `reimbursable portion') that is--
``(i) described in subparagraph (A),
subject to subparagraph (B); and
``(ii) included in the portion of the award
or settlement attributable to a claim requiring
reimbursement.
``(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
making any deposit required under section 8432(f) of
title 5, United States Code) 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 term `applicable Committee' means--
``(i) the Committee on House Administration
of the House of Representatives, in the case of
an individual who, at the time of the
withholding, is a Member of the House; or
``(ii) the Committee on Rules and
Administration of the Senate, in the case of an
individual who, at the time of the withholding,
is a Senator.
``(3) Use of amounts in thrift savings fund as source of
reimbursement.--
``(A) In general.--If, by the expiration of the
180-day period that begins on the date a payment is
made from the account described in subsection (a) for
an award or settlement described in paragraph (1), an
individual who is subject to a reimbursement
requirement of this subsection has not reimbursed the
account for the entire reimbursable portion as required
under paragraph (1), withholding and transfers of
amounts shall continue under paragraph (2) if the
individual remains employed in the same position, and
the Executive Director of the Federal Retirement Thrift
Investment Board shall make a transfer described in
subparagraph (B).
``(B) Transfers.--The transfer by such Executive
Director is a transfer, from the account of the
individual in the Thrift Savings Fund to the account
described in subsection (a), of an amount equal to the
amount of that reimbursable portion of the award or
settlement, reduced by--
``(i) any amount the individual has
reimbursed, taking into account any amounts
withheld under paragraph (2); and
``(ii) if the individual remains employed
in the same position, any amount that the
individual is scheduled to reimburse, taking
into account any amounts to be withheld under
the individual's timetable under paragraph (2).
``(C) Initiation of transfer.--Notwithstanding
section 8435 of title 5, United States Code, the
Executive Director described in subparagraph (A) shall
make the transfer under subparagraph (A) upon receipt
of a written request to the Executive Director from the
Secretary of the Treasury, in the form and manner
required by the Executive Director.
``(D) Coordination between payroll administrator
and the executive director.--The payroll administrator
and the Executive Director described in subparagraph
(A) shall carry out this paragraph in a manner that
ensures the coordination of the withholding and
transferring of amounts under this paragraph, in
accordance with regulations promulgated by the Board
under section 303 and such Executive Director.
``(4) 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 a reimbursement
requirement of this subsection if, at any time after
the expiration of the 270-day period that begins on the
date a payment is made from the account described in
subsection (a) for 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), through withholdings or
transfers under paragraphs (2) and (3);
``(ii) is not serving in a position as a
Member of the House of Representatives or a
Senator; and
``(iii) is employed in a subsequent non-
Federal position.
``(B) Garnishment or other collection of wages.--On
the expiration of that 270-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 or transferred under paragraph (2) or
(3)) shall be treated as a claim of the United States
and transferred to the Secretary of the Treasury for
collection. Upon that transfer, the Secretary of the
Treasury shall collect the claim, 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)(iii). The
Secretary of the Treasury shall transfer the collected
amount to the account described in subsection (a).
``(5) Notification to office of personnel management and
secretary of the treasury.--
``(A) Individual subject to annuity or social
security withholding.--Subparagraph (B) shall apply to
an individual subject to a reimbursement requirement of
this subsection if, at any time after the expiration of
the 270-day period described in paragraph (4)(A), the
individual--
``(i) has not served in a position as a
Member of the House of Representatives or a
Senator during the preceding 90 days; and
``(ii) is not employed in a subsequent non-
Federal position.
``(B) Annuity or social security withholding.--If,
at any time after the 270-day period described in
paragraph (4)(A), the individual described in
subparagraph (A) has not reimbursed the account
described in subsection (a) for the entire reimbursable
portion of the award or settlement described in
paragraph (1) (as determined by the Secretary of the
Treasury), through withholdings, transfers, or
collections under paragraphs (2) through (4), the
Secretary of the Treasury (after consultation with the
payroll administrator)--
``(i) 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 remainder of the
reimbursable portion of an award or settlement
described in paragraph (1); and
``(ii) shall (if necessary),
notwithstanding section 207 of the Social
Security Act (42 U.S.C. 407), 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 remainder of the
reimbursable portion of an award or settlement
described in paragraph (1).
``(6) Coordination between opm and treasury.--The Director
of the Office of Personnel Management and the Secretary of the
Treasury shall carry out paragraph (5) 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.
``(7) Certification.--Once the Executive Director
determines that an individual who is subject to a reimbursement
requirement of this subsection has reimbursed the account
described in subsection (a) for the entire reimbursable
portion, the Executive Director shall prepare a certification
that the individual has completed that reimbursement, and
submit the certification to--
``(A) the Committees on House Administration and
Ethics of the House of Representatives, in the case of
an individual who, at the time of committing the act
involved, was a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the
Congress); and
``(B) the Select Committee on Ethics of the Senate,
in the case of an individual who, at the time of
committing the act involved, was a Senator.
``(8) Right to intervene.--An individual who is subject to
a 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.
``(9) Definitions.--In this subsection:
``(A) Non-federal position.--The term `non-Federal
position' means a position other than the position of
an employee, as defined in section 2105(a) of title 5,
United States Code.
``(B) Payroll administrator.--The term `payroll
administrator' means--
``(i) 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
``(ii) 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) Conforming Amendment.--Section 8437(e)(3) of title 5, United
States Code, is amended by inserting ``an obligation of the Executive
Director to make a transfer under section 415(d)(3) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(3)),''
before ``or an obligation''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
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 Referral to Congressional Ethics Committee 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 described in section 415(d)(1)(C) committed
personally by a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress)
or a Senator, or by a senior staff of the House of
Representatives or Senate, 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
staff of the House; or
``(B) the Select Committee on Ethics of the Senate,
in the case of a Senator or senior staff 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 preliminary reviews, hearings, or decisions
of the hearing officers and the Board under this Act, and any
information relating to an award or settlement paid, in
response to such claim.
``(3) Review by senate ethics committee of settlements of
certain claims.--After the receipt of a settlement agreement
for a claim that includes an allegation of a violation
described in section 415(d)(1)(C) committed personally by a
Senator, the Select Committee on Ethics of the Senate 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 Select Committee determines, after the
investigation, that the claim that resulted in the
settlement involved an actual violation described in
section 415(d)(1)(C) committed personally by the
Senator, then the Select 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) Committee authority to protect identity of a
claimant.--
``(A) Authority.--If a Committee to which a claim
is referred under paragraph (1) issues a report as
described in paragraph (4) concerning a Member of the
House of Representatives (including a Delegate or
Resident Commissioner to the Congress) or a Senator, or
a senior staff of the House of Representatives or
Senate, the Committee may make an appropriate redaction
to the information or data included in the report if
the Chairman and Vice Chairman of the Committee reach
agreement--
``(i) that including the information or
data considered for redaction may lead to the
unintentional disclosure of the identity or
position of a claimant; and
``(ii) on the precise information or data
to be redacted.
``(B) Notation and statement.--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.
``(C) Retention of reports.--The Committee making a
redaction in accordance with this paragraph shall
retain a copy of the report, without a redaction.
``(6) Final disposition described.--In this subsection, the
`final disposition' of a claim means any of the following:
``(A) An order or agreement to pay an award or
settlement, including an agreement reached pursuant to
mediation under section 404.
``(B) A final decision of a hearing officer under
section 405(g) that is no longer subject to review by
the Board under section 406.
``(C) A final decision of the Board under section
406(e) that is no longer subject to appeal to the
United States Court of Appeals for the Federal Circuit
under section 407.
``(D) A final decision in a civil action under
section 408 that is no longer subject to appeal.
``(7) Senior staff defined.--In this subsection, the term
`senior staff' 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. 101 et
seq.).''.
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 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 title 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
and subsection (a) of this section, 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 underlying
the covered employee's claim, or to prohibit an employing office from
disclosing the factual allegations underlying 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 of section 201(a) or 206(a)
by an employing office (other than an employing office of the
House of Representatives or an employing office of the Senate),
the Executive Director shall notify the head of the employing
office that the payment has been made, and shall include in the
notification a statement of the amount of the payment.
``(2) Reimbursement by office.--Not later than 180 days
after receiving a notification from the Executive Director
under paragraph (1), the head of the employing office involved
shall transfer to the account described in subsection (a), out
of any funds available for operating expenses of the office, a
payment equal to the amount specified in the notification.
``(3) Timetable and procedures for reimbursement.--The head
of an employing office shall transfer a payment under paragraph
(2) in accordance with such timetable and procedures as may be
established under regulations promulgated by the Office.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to payments made under section 415 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1415) for claims
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.--Subject to the rules issued by the
applicable committee pursuant to paragraph (2):
``(A) Requirement.--The Office shall prepare and
submit to Congress, and publish on the public website
of the Office, an annual report regarding payments from
the account described in section 415(a) that were the
result of claims alleging a violation of part A of
title II (referred to in this subsection as `covered
payments').
``(B) Reporting.--The reporting required under this
paragraph shall--
``(i) for a covered payment, or the
reimbursable portion of a covered payment,
described in paragraph (2), conform to the
requirements of the rules issued by the
applicable committee under such paragraph; and
``(ii) for a covered payment, or the
portion of a covered payment, not described in
paragraph (2)--
``(I) include the amount of the
covered payment or portion of the
covered payment and information on the
employing office involved; and
``(II) identify each provision of
part A of title II that was the subject
of a claim resulting in the covered
payment or portion of the covered
payment.
``(C) Reporting periods and dates.--The reporting
required under this paragraph--
``(i) for 2019, shall be submitted by the
60th day after the date on which the committees
described in paragraph (2) issue the rules
described in paragraph (2) and shall reflect
covered payments made in calendar year 2019;
and
``(ii) for 2020 and each subsequent
calendar year, shall be submitted by January 31
of that year and shall reflect covered payments
made in the previous calendar year.
``(2) Rules regarding reporting of covered payments for
employing offices of the house and employing offices of the
senate.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this subsection, the
Committee on House Administration of the House of
Representatives and the Committee on Rules and
Administration of the Senate shall each issue rules
establishing the content, format, and other
requirements for the reporting required under paragraph
(1)(B)(i) with respect to--
``(i) any covered payment made for claims
involving an employing office described in any
of subparagraphs (A) through (C) of section
101(a)(9) of the House of Representatives or of
the Senate, respectively; and
``(ii) the reimbursable portion of any such
covered payment for which there is a finding
requiring reimbursement under section
415(d)(1)(B) from a Member of the House of
Representatives (including a Delegate or
Resident Commissioner to the Congress) or a
Senator, respectively.
``(B) Applicability.--The rules issued under
subparagraph (A)--
``(i) by the Committee on House
Administration of the House of Representatives
shall apply to covered payments made for claims
involving employing offices described in
subparagraph (A)(i) of the House; and
``(ii) by the Committee on Rules and
Administration of the Senate shall apply to
covered payments made for claims involving
employing offices described in subparagraph
(A)(i) of the Senate.
``(3) Protection of identity of individuals receiving
awards and settlements.--In preparing, submitting, and
publishing the reports required under paragraph (1), the Office
shall ensure that the identity or position of any claimant is
not disclosed.
``(4) Authority to protect the identity of a claimant.--
``(A) In general.--In carrying out paragraph (3),
the Executive Director, in consultation with the Board,
may make an appropriate redaction to the data included
in the report described in paragraph (1) if the
Executive Director, in consultation with the Board,
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 paragraph (1),
without redactions.
``(5) 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,
under part A of title II.''.
(2) Effective date.--The amendment made by paragraph (1)(B)
shall take effect on January 1, 2019.
(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 (to include funds paid from the
account described in section 415(a) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1415(a)), an account of
the House of Representatives or Senate, or any other account of
the Federal Government) 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.
(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.
(c) Rulemaking Powers.--Section 501 (2 U.S.C. 1431) is amended in
the matter preceding paragraph (1) by inserting ``, section 301(l),''
before ``and 304(c)''.
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 Secure 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 secure survey of employing
offices under this Act regarding the workplace environment of such
offices. Employee responses to the survey shall be voluntary.
``(b) Special Inclusion of Information on Sexual Harassment.--In
each survey conducted under this section, the Office shall survey
respondents on attitudes regarding sexual harassment.
``(c) Methodology.--
``(1) In general.--The Office shall conduct each survey
under this section in accordance with methodologies established
by the Office.
``(2) Confidentiality.--Under the methodologies established
under paragraph (1), all responses to all portions of the
survey shall be anonymous and confidential, and each respondent
shall be told throughout the survey that all responses shall be
anonymous and confidential.
``(3) Survey form.--The Office shall limit the use of any
information 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 Committees on Homeland Security and Governmental Affairs and
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 Committees on
Homeland Security and Governmental Affairs and 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.--The Office shall establish and maintain a
program for the permanent retention of its records, including the
records of preliminary reviews, mediations, hearings, and other
proceedings conducted under title IV.''.
SEC. 204. CONFIDENTIAL ADVISORS.
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 Advisors.--
``(1) In general.--The Executive Director shall--
``(A) appoint, and fix the compensation of, and may
remove, 1 or more confidential advisors to carry out
the duties described in this subsection; or
``(B) designate 1 or more employees of the Office
to serve as a confidential advisor.
``(2) Duties.--
``(A) Voluntary services.--A confidential advisor
appointed or designated under paragraph (1) 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
been subject to 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 been subject to 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 for
proceedings before the Office;
``(iii) advising and consulting with, on a
privileged and confidential basis, a covered
employee who has been subject to a practice
that may be a violation of part A of title II
regarding any claims the covered employee may
have under title IV, the factual allegations
that support each such claim, and the relative
merits of the procedural options available to
the employee for each such claim;
``(iv) 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
title IV, including--
``(I) assisting or consulting with
the covered employee regarding the
drafting of a claim to be filed under
section 402(a); and
``(II) consulting with the covered
employee regarding the procedural
options available to the covered
employee after a claim is filed, and
the relative merits of each option; and
``(v) informing, on a privileged and
confidential basis, a covered employee who has
been subject to 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.
``(C) Continuity of service.--Once a covered
employee has accepted and received any services offered
under this section from a confidential advisor
appointed or designated under paragraph (1), any other
services requested under this subsection by the covered
employee shall be provided, to the extent practicable,
by the same confidential advisor.
``(3) Qualifications.--A confidential advisor appointed or
designated under paragraph (1) 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 such former staff member)), 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(d).
``(5) Restrictions.--A confidential advisor appointed or
designated under paragraph (1)--
``(A) shall not 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;
``(B) shall not offer or provide services described
in paragraph (2)(B) to a covered employee if the
covered employee has designated an attorney
representative in connection with the covered
employee's participation in any proceeding under this
Act, except that a confidential advisor may provide
general assistance and information to such attorney
representative regarding this Act and the role of the
Office as the confidential advisor determines
appropriate; and
``(C) shall not serve as a mediator in any
mediation conducted pursuant to section 404.''.
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.--
``(1) In general.--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)).
``(2) Construction.--
``(A) No limitation on other laws.--Nothing in this
section limits the provisions of this Act that apply to
a violation of a law described in subparagraph (B).
``(B) Other laws.--A law described in this
subparagraph is a law (even if not listed in subsection
(a) or this subsection) that explicitly applies one or
more provisions of this Act to a violation.''.
SEC. 302. EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS AGAINST
EMPLOYMENT DISCRIMINATION.
(a) Extension.--Section 201 (2 U.S.C. 1311) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Application to Unpaid Staff.--
``(1) In general.--Subsections (a) and (b) shall apply with
respect to--
``(A) 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 (referred to in this subsection as an
`unpaid staff member'), 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 apply with respect to a covered employee;
and
``(B) a former unpaid staff member, if the act that
may be a violation of subsection (a) occurred during
the service of the former unpaid staffer for the
employing office.
``(2) Rule of construction.--Nothing in paragraph (1) may
be construed to extend liability for a violation of subsection
(a) to an employing office on the basis of an action taken by
any person who is not under the supervision or control of the
employing office.
``(3) Intern defined.--For purposes of this subsection, the
term `intern' means an individual who performs service for an
employing office which is uncompensated by the United States to
earn credit awarded by an educational institution or to learn a
trade or occupation, and includes any individual participating
in a page program operated by any House of Congress.''.
(b) Technical Correction Relating to Office Responsible for
Disbursement of Pay to House Employees.--Section 101(7) (2 U.S.C.
1301(7)) is amended by striking ``disbursed by the Clerk of the House
of Representatives'' and inserting ``disbursed by the Chief
Administrative Officer of the House of Representatives''.
SEC. 303. CLARIFICATION OF TREATMENT OF LIBRARY OF CONGRESS VISITORS.
(a) Clarification.--Section 210 (2 U.S.C. 1331) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) 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.''.
(b) Conforming Amendment.--Section 210(d)(2) (2 U.S.C. 1331(d)(2))
is amended by striking ``section 403'' and inserting ``section 404''.
(c) Effective Date and Applicability.--The amendments made by
subsection (a) shall take effect as if such amendments were included in
the enactment of 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.
(a) Requiring Employing Offices to Post Notices.--Part E of title
II (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.)) or
206(a); and
``(2) a violation of section 207 that is related to
discrimination described in paragraph (1).''.
(b) Clerical Amendment.--The table of contents is amended by adding
at the end of the items relating to part E of title II the following
new item:
``Sec. 226. Notices.''.
SEC. 305. CLARIFICATION OF COVERAGE OF EMPLOYEES OF HELSINKI AND CHINA
COMMISSIONS.
(a) Clarification of Coverage.--Section 101 (2 U.S.C. 1301), as
amended by section 302(b), is further amended--
(1) by striking ``Except as otherwise'' and inserting ``(a)
In General.--Except as otherwise''; and
(2) by adding at the end the following new subsection:
``(b) Clarification of Coverage of Employees of Certain
Commissions.--
``(1) Coverage.--With respect to the China Review
Commission, the Congressional-Executive China Commission, and
the Helsinki Commission--
``(A) any individual who is an employee of such
Commission shall be considered a covered employee for
purposes of this Act; and
``(B) the Commission shall be considered an
employing office for purposes of this Act.
``(2) Authority to provide legal assistance and
representation.--Subject to paragraph (3), legal assistance and
representation under this Act, including assistance and
representation with respect to the proposal or acceptance of
the disposition of a claim under this Act, shall be provided to
the China Review Commission, the Congressional-Executive China
Commission, and the Helsinki Commission--
``(A) by the Office of 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
under title IV related to the initial claim where the
subsequent claim involves the same parties; or
``(B) by the Office of 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 under title IV related to the
initial claim where the subsequent claim involves the
same parties.
``(3) Definitions.--In this subsection--
``(A) the term `China Review Commission' means the
United States-China Economic and Security Review
Commission established under section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal
Year 2001 (22 U.S.C. 7002), as enacted into law by
section 1 of Public Law 106-398;
``(B) the term `Congressional-Executive China
Commission' means the Congressional-Executive
Commission on the People's Republic of China
established under title III of the U.S.-China Relations
Act of 2000 (Public Law 106-286; 22 U.S.C. 6911 et
seq.); and
``(C) the term `Helsinki Commission' means the
Commission on Security and Cooperation in Europe
established under the Act entitled `An Act to establish
a Commission on Security and Cooperation in Europe',
approved June 3, 1976 (Public Law 94-304; 22 U.S.C.
3001 et seq.).''.
(b) Coverage of Stennis Center.--
(1) Treatment of employees as covered employees.--Section
101(a)(3) (2 U.S.C. 1301(a)(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 ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(K) the John C. Stennis Center for Public Service
Training and Development.''.
(2) Treatment of center as employing office.--Section
101(a)(9)(D) (2 U.S.C. 1301(a)(9)(D)) is amended by striking
``and the Office of Technology Assessment'' and inserting the
following: ``the Office of Technology Assessment, and the John
C. Stennis Center for Public Service Training and
Development''.
(c) Conforming Amendments.--Paragraphs (7) and (8) of section
101(a) (2 U.S.C. 1301(a)) are each amended by striking ``subparagraphs
(C) through (I)'' and inserting ``subparagraphs (C) through (K)''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Congressional
Accountability Act of 1995.
SEC. 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.) is amended--
(1) by redesignating section 509 as section 510; and
(2) by inserting after section 508 the following new
section:
``SEC. 509. TRAINING AND EDUCATION PROGRAMS OF EMPLOYING OFFICES.
``(a) Requiring Offices to Develop and Implement Programs.--Each
employing office shall develop and implement a program to train and
educate covered employees of the office in the rights and protections
provided under this Act, including the procedures available under title
IV to consider alleged violations of this Act.
``(b) Report to Committees.--
``(1) In general.--Not later than 45 days after the
beginning of each Congress (beginning with the One Hundred
Seventeenth Congress), each employing office shall submit a
report to the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate on the implementation of the program required
under subsection (a).
``(2) Special rule for first report.--Not later than 180
days after the date of the enactment of the Congressional
Accountability Act of 1995 Reform Act, each employing office
shall submit the report described in paragraph (1) to the
Committees described in such paragraph.
``(c) Exception for Offices of Congress.--This section does not
apply to an employing office of the House of Representatives or an
employing office of the Senate.''.
(b) Clerical Amendment.--The table of contents is amended--
(1) by redesignating the item relating to section 509 as
relating to section 510; and
(2) by inserting after the item relating to section 508 the
following new item:
``Sec. 509. Training and education programs of employing offices.''.
SEC. 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--
(1) by redesignating section 510 as section 511; and
(2) by inserting after section 509, as inserted by section
306(a), the following:
``SEC. 510. 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, as amended by
section 306(b), is amended--
(1) by redesignating the item relating to section 510 as
relating to section 511; and
(2) by inserting after the item relating to section 509, as
inserted by section 306(b), the following new item:
``Sec. 510. Support for out-of-area covered 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 section 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, as amended by
section 305(a), is further amended as follows:
(1) In section 101(a)(1) (2 U.S.C. 1301(a)(1)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(2) In section 101(a)(2) (2 U.S.C. 1301(a)(2)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(3) In section 101(a)(3)(H) (2 U.S.C. 1301(a)(3)(H)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(4) In section 101(a)(9)(D) (2 U.S.C. 1301(a)(9)(D)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(5) In section 101(a)(10) (2 U.S.C. 1301(a)(10)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(6) In section 101(a)(11) (2 U.S.C. 1301(a)(11)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(7) In section 101(a)(12) (2 U.S.C. 1301(a)(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 title heading of title III, by striking
``OFFICE OF COMPLIANCE'' and inserting ``OFFICE OF
CONGRESSIONAL WORKPLACE RIGHTS''.
(12) In section 304(c)(4) (2 U.S.C. 1384(c)(4)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(13) In section 304(c)(5) (2 U.S.C. 1384(c)(5)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(c) Clerical Amendments.--The table of contents is amended--
(1) by amending the item relating to the heading of title
III to read as follows:
``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS''; and
(2) by amending the item relating to section 301 to read as
follows:
``Sec. 301. Establishment of Office of Congressional Workplace
Rights.''.
(d) Effective Date; References in Other Laws, Rules, and
Regulations.--The amendments made by this section shall take effect on
the date of the enactment of this Act. Any reference to the Office of
Compliance in any law, rule, regulation, or other official paper in
effect as of such date 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 after that 180-day period. 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.
<all>