[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3749 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 3749

_______________________________________________________________________

                                 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.

            Passed the Senate December 13, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 3749

_______________________________________________________________________

                                 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.