[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3749 Enrolled Bill (ENR)]
S.3749
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.