Congressional Record, Volume 164 Issue 23 (Tuesday, February 6, 2018)

[Congressional Record Volume 164, Number 23 (Tuesday, February 6, 2018)]
[House]
[Pages H797-H813]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 REFORM ACT

Mr. HARPER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4924) to amend the Congressional Accountability Act of 1995
to reform the procedures provided under such Act for the initiation,
investigation, and resolution of claims alleging that employing offices
of the legislative branch have violated the rights and protections
provided to their employees under such Act, including protections
against sexual harassment, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 4924

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 is expressed in
terms of an amendment to or repeal of a section or other
provision, the reference shall be considered to be made to
that section or other provision of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
(c) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; references in Act; table of contents.

TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

Subtitle A--Reform of Procedures for Initiation, Investigation, and
Resolution of Claims

Sec. 101. Description of procedures available for consideration of
alleged violations.
Sec. 102. Reform of process for initiation of procedures.
Sec. 103. Investigation of claims by General Counsel.
Sec. 104. Availability of mediation during investigations.

Subtitle B--Other Reforms

Sec. 111. Requiring Members of Congress to reimburse Treasury for
amounts paid as settlements and awards in cases of acts
committed personally 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 COMPLIANCE

Sec. 201. Reports on claims, awards, and settlements.
Sec. 202. Workplace climate surveys of employing offices.
Sec. 203. Record retention.
Sec. 204. GAO study of management practices.
Sec. 205. GAO audit of cybersecurity.

TITLE III--MISCELLANEOUS REFORMS

Sec. 301. Extension to unpaid staff of rights and protections against
employment discrimination.
Sec. 302. Coverage of employees of Library of Congress.
Sec. 303. Clarification of coverage of employees of Helsinki and China
Commissions.
Sec. 304. Training and education programs of other employing offices.
Sec. 305. Renaming Office of Compliance as Office of Congressional
Workplace Rights.

TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

Subtitle A--Reform of Procedures for Initiation, Investigation, and
Resolution of Claims

SEC. 101. DESCRIPTION OF PROCEDURES AVAILABLE FOR
CONSIDERATION OF ALLEGED VIOLATIONS.

(a) Procedures Described.--Section 401 (2 U.S.C. 1401) is
amended to read as follows:

``SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED
VIOLATIONS.

``(a) Filing and Investigation of Claims.--Except as
otherwise provided, 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) an investigation of the claim, to be conducted by the
General Counsel as provided in section 403; and
``(3) a formal hearing as provided in section 405, subject
to Board review as provided in section 406, and judicial
review in the United States Court of Appeals for the Federal
Circuit as provided in section 407, but only if, pursuant to
an investigation conducted by the General Counsel as provided
in section 403, the General Counsel finds either--
``(A) that there is reasonable cause to believe that the
employing office involved committed a violation of part A of
title II as alleged in the covered employee's claim; or
``(B) that the General Counsel cannot determine whether or
not there is reasonable cause to believe that the employing
office committed a violation of part A of title II as alleged
in the covered employee's claim.
``(b) Right of Employee To File Civil Action.--
``(1) Civil action.--A covered employee who files a claim
as provided in section 402 may, during the period described
in paragraph (3), file a civil action in a District Court of
the United States with respect to the alleged violation
involved, as provided in section 408.
``(2) Effect of filing civil action.--Notwithstanding
paragraph (2) or paragraph (3) of subsection (a), if the
covered employee files such a civil action--
``(A) the investigation of the claim by the General Counsel
as provided in section 403,

[[Page H798]]

or any subsequent formal hearing as provided in section 405,
shall terminate upon the filing of the action by the covered
employee; and
``(B) the procedure for consideration of the alleged
violation shall not include any further investigation of the
claim by the General Counsel as provided in section 403 or
any subsequent formal hearing as provided in section 405.
``(3) Period for filing civil action.--The period described
in this paragraph with respect to a claim is the 45-day
period which begins on the date the covered employee files
the claim under section 402.
``(4) Special rule for employees receiving finding of no
reasonable cause under investigation by general counsel.--
Notwithstanding paragraph (3), if a covered employee receives
a written notice from the General Counsel under section
403(c)(3) 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.
``(d) Rights of Parties To Retain Private Counsel.--Nothing
in this title 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
personally committed 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)(7) with respect to Members of the House of
Representatives and Senators.
``(e) Standards for Counsel Providing Representation.--Any
counsel who represents a party in any of the procedures
provided under this title shall have an obligation to ensure
that, to the best of the counsel's knowledge, information,
and belief, as formed after an inquiry which is reasonable
under the circumstances, each of the following is correct:
``(1) No pleading, written motion, or other paper is
presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of
resolution of the matter.
``(2) The claims, defenses, and other legal contentions the
counsel advocates are warranted by existing law or by a
nonfrivolous argument for extending, modifying, or reversing
existing law or for establishing new law.
``(3) The factual contentions have evidentiary support or,
if specifically so identified, will likely have evidentiary
support after a reasonable opportunity for further
investigation or discovery.
``(4) The denials of factual contentions are warranted on
the evidence or, if specifically so identified, are
reasonably based on belief or a lack of information.''.
(b) Conforming Amendment Relating to Civil Action.--Section
408 (2 U.S.C. 1408) 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.--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) Clerical Amendments.--The table of contents is
amended--
(1) by striking the item relating to section 404; and
(2) by redesignating the item relating to section 403 as
relating to section 404.

SEC. 102. REFORM OF PROCESS FOR INITIATION OF PROCEDURES.

(a) Initiation of Procedures.--Section 402 (2 U.S.C. 1402)
is amended to read as follows:

``SEC. 402. INITIATION OF PROCEDURES.

``(a) Intake of Claim by Office.--To commence a proceeding
under this title, a covered employee alleging a violation of
law made applicable under part A of title II shall file a
claim with the Office. The claim shall be made in writing
under oath or affirmation, and shall be in such form as the
Office requires.
``(b) Initial Processing of Claim.--
``(1) Intake and recording; notification to employing
office.--Upon the filing of a claim by a covered employee
under subsection (a), the Office shall take such steps as may
be necessary for the initial intake and recording of the
claim, including providing the employee with all relevant
information with respect to the rights of the employee under
this title, and shall notify the head of the employing office
of the claim.
``(2) Special notification requirements for claims based on
acts committed personally by members of congress.--
``(A) In general.--In the case of a claim alleging a
violation described in subparagraph (B) which consists of an
act committed personally by an individual who, at the time of
committing the act, was a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress) or a Senator, upon the filing
of the claim under subsection (a), the Office shall notify
such individual of the claim, the possibility that the
individual may be required to reimburse the account described
in section 415(a) for the amount of any award or settlement
in connection with the claim, and the right of the individual
under section 415(d)(7) 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) a violation of section 201(a); or
``(ii) a violation of section 207 which consists of
intimidating, taking reprisal against, or otherwise
discriminating against any covered employee because the
covered employee has opposed any practice made unlawful by
section 201(a).
``(c) Use of Electronic Reporting and Tracking System.--
``(1) Establishment and operation of system.--The Office
shall establish and operate an 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.
``(e) No Effect on Ability of Covered Employee To Seek
Information From Office or Pursue Relief.--Nothing in this
section may be construed to limit the ability of a covered
employee--
``(1) to contact the Office or any other appropriate office
prior to filing a claim under this section to seek
information regarding the employee's rights under this Act
and the procedures available under this title;
``(2) 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
``(3) to file a civil action in accordance with section
401(b).''.
(b) Clerical Amendment.--The table of contents is amended
by amending the item relating to section 402 to read as
follows:

``Sec. 402. Initiation of procedures.''.

SEC. 103. INVESTIGATION OF CLAIMS BY GENERAL COUNSEL.

(a) Investigations Described.--Title IV (2 U.S.C. 1401 et
seq.), as amended by section 101(b), is further amended by
inserting after section 402 the following new section:

``SEC. 403. INVESTIGATION OF CLAIMS.

``(a) Investigation.--Upon the completion of the initial
processing of a claim under section 402(b), the General
Counsel shall conduct an investigation of the claim involved.
``(b) Subpoenas.--To carry out an investigation under this
section, the General Counsel may issue subpoenas in the same
manner, and subject to the same terms and conditions, as a
hearing officer may issue subpoenas to carry out discovery
with respect to a hearing under section 405, except that the
General Counsel may issue such a subpoena on the General
Counsel's own initiative, without regard to whether or not a
party requests that the General Counsel issue the subpoena.
It is the sense of Congress that the General Counsel should
issue subpoenas under this subsection only to the extent that
other methods of obtaining information with respect to an
investigation are insufficient to enable the General Counsel
to conclude the investigation within the deadline described
in subsection (e).
``(c) Report; Findings.--
``(1) Report.--Upon concluding an investigation of a claim
under this section, the General Counsel shall transmit a
written report on the results of the investigation to the
covered employee and the employing office involved.
``(2) Inclusion of findings.--The General Counsel shall
include in the report transmitted under paragraph (1) one of
the following findings:
``(A) A finding that there is reasonable cause to believe
that the employing office committed a violation of part A of
title II, as alleged in the covered employee's claim.
``(B) A finding that there is no reasonable cause to
believe that the employing office committed a violation of
part A of title II, as alleged in the covered employee's
claim.
``(C) A finding that the General Counsel cannot determine
whether or not there is

[[Page H799]]

reasonable cause to believe that the employing office
committed a violation of part A of title II, as alleged in
the covered employee's claim.
``(3) Notice of right to file civil action.--If the General
Counsel transmits a finding under subparagraph (B) of
paragraph (2), the General Counsel shall also transmit to the
covered employee a written notice that the employee has the
right to file a civil action with respect to the claim under
section 408.
``(4) Transmission to executive director.--If the General
Counsel transmits a finding under subparagraph (A) or
subparagraph (C) of paragraph (2), the General Counsel shall
also transmit the report to the Executive Director.
``(5) Transmission of report on investigation of certain
claims to congressional ethics committees.--
``(A) In general.--In the case of a report furnished by the
General Counsel under paragraph (1) on the results of an
investigation of a claim alleging a violation described in
subparagraph (B) which consists of an act committed
personally by a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the
Congress) or a Senator, the General Counsel shall transmit
the report to--
``(i) the Committee on Ethics of the House of
Representatives, in the case of a Member of the House
(including a Delegate or Resident Commissioner to the
Congress); or
``(ii) the Select Committee on Ethics of the Senate, in the
case of a Senator.
``(B) Violations described.--A violation described in this
subparagraph is--
``(i) a violation of section 201(a); or
``(ii) a violation of section 207 which consists of
intimidating, taking reprisal against, or otherwise
discriminating against any covered employee because the
covered employee has opposed any practice made unlawful by
section 201(a).
``(d) Recommendation of Mediation.--At any time during the
investigation of a claim under this section, the General
Counsel may make a recommendation that the covered employee
and the employing office pursue mediation under section 404
with respect to the claim.
``(e) Deadline for Concluding Investigation.--The General
Counsel shall conclude the investigation of a claim under
this subsection, and transmit the report on the results of
the investigation, not later than 90 days after the claim is
filed under section 402, except that the General Counsel may
(upon notice to the parties to the investigation) use an
additional period of not to exceed 30 days to conclude the
investigation.''.
(b) Conforming Amendments Relating to Hearings Conducted by
Office of Compliance.--Section 405 (2 U.S.C. 1405) is amended
as follows:
(1) In the heading, by striking ``complaint and''.
(2) By amending subsection (a) to read as follows:
``(a) Requirement for Office To Conduct Hearings.--
``(1) Hearing required upon certain findings by general
counsel.--
``(A) In general.--If the General Counsel transmits to the
Executive Director a report on the investigation of a claim
under section 403 which includes a finding described in
subparagraph (B), the Office shall conduct a hearing to
consider the claim and render a decision.
``(B) Findings described.--A finding described in this
subparagraph is--
``(i) a finding under section 403(c)(2)(A) that there is
reasonable cause to believe that an employing office
committed a violation of part A of title II, as alleged in a
claim filed by a covered employee; or
``(ii) a finding under section 403(c)(2)(C) that the
General Counsel cannot determine whether or not there is
reasonable cause to believe that the employing office
committed a violation of part A of title II, as alleged in
the covered employee's claim.''.
(3) In subsection (c)(1), by striking ``complaint'' and
inserting ``claim''.
(4) In subsection (d) in the matter preceding paragraph
(1), by striking ``complaint'' and inserting ``claim''.
(5) In subsection (d)(2), by striking ``no later than 60
days after filing of the complaint'' and inserting ``no later
than 60 days after the Executive Director receives the
General Counsel's report on the investigation of the claim''.
(6) In subsection (g), by striking ``complaint'' and
inserting ``claim''.
(c) Other Conforming Amendment.--The heading of section 414
(2 U.S.C. 1414) is amended by striking ``of complaints''.
(d) Clerical Amendments.--The table of contents, as amended
by section 101(c), is further amended as follows:
(1) By inserting after the item relating to section 402 the
following new item:

``Sec. 403. Investigation of claims.''.
(2) By amending the item relating to section 405 to read as
follows:

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

``Sec. 414. Settlement.''.

SEC. 104. AVAILABILITY OF MEDIATION DURING INVESTIGATIONS.

(a) Option To Request Mediation.--Section 404(a) (2 U.S.C.
1404(a)), as redesignated by section 101(c), is amended to
read as follows:
``(a) Availability of Mediation During Investigation.--At
any time during the investigation of a covered employee's
claim under section 403, the covered employee and the
employing office may jointly file a request for mediation
with the Office.''.
(b) Period of Mediation.--The second sentence of section
404(c) (2 U.S.C. 1404(c)), as redesignated by section 101(c),
is amended to read as follows: ``The mediation period may be
extended for one additional period of 30 days at the joint
request of the covered employee and employing office.''.
(c) Requiring Parties To Be Separated During Mediation at
Request of Employee.--Section 404(b)(2) (2 U.S.C.
1404(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 the covered employee, the parties shall be
separated,''.

Subtitle B--Other Reforms

SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY
FOR AMOUNTS PAID AS SETTLEMENTS AND AWARDS IN
CASES OF ACTS COMMITTED PERSONALLY 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.--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 (B) which consists of an act committed
personally by an individual who, at the time of committing
the act, 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.
``(B) Violations described.--A violation described in this
subparagraph is--
``(i) a violation of section 201(a); or
``(ii) a violation of section 207 which consists of
intimidating, taking reprisal against, or otherwise
discriminating against any covered employee because the
covered employee has opposed any practice made unlawful by
section 201(a).
``(2) Withholding amounts from salary.--
``(A) Establishment of timetable and procedures by
committees.--For purposes of carrying out subparagraph (B),
the applicable Committee shall establish a timetable and
procedures for the withholding of amounts from the
compensation of an individual who is a Member of the House of
Representatives or a Senator.
``(B) Deadline.--The payroll administrator shall withhold
from an individual's compensation and transfer to the account
described in subsection (a) (after transferring any amounts
to the account of the individual in the Thrift Savings Fund)
such amounts as may be necessary to reimburse the account for
the payment of an award or settlement described in paragraph
(1) if the individual has not reimbursed the account as
required under paragraph (1) prior to the expiration of the
90-day period which begins on the date a payment is made from
the account for such an award or settlement.
``(C) Applicable committee defined.--In this paragraph, the
`applicable Committee' means--
``(i) the Committee on House Administration of the House of
Representatives, in the case of an individual who, at the
time of the withholding, is a Member of the House; or
``(ii) the Committee on Rules and Administration of the
Senate, in the case of an individual who, at the time of the
withholding, is a Senator.
``(3) Use of amounts in thrift savings fund as source of
reimbursement.--
``(A) In general.--If, by the expiration of the 180-day
period which 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 a
Member of the House of Representatives or a Senator has not
reimbursed the account as required under paragraph (1), the
Executive Director of the Federal Retirement Thrift
Investment Board shall make 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 award
or settlement (reduced by any amount the individual has
reimbursed, taking into account any amounts withheld under
paragraph (2)).
``(B) Initiation of transfer.--Notwithstanding section 8435
of title 5, United States Code, the Executive Director 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, without the consent of the individual or
the individual's spouse or former spouse (as the case may
be).
``(4) Notification to office of personnel management and
secretary of the treasury.--If, at the time an individual is
first no longer receiving compensation as a Member or a
Senator, the amounts withheld under this subsection have not
been sufficient to reimburse the account described in
subsection (a) for an award or settlement described in
paragraph (1), the payroll administrator--

[[Page H800]]

``(A) shall notify the Director of the Office of Personnel
Management, who shall take such actions as the Director
considers appropriate to withhold from any annuity payable to
the individual under chapter 83 or chapter 84 of title 5,
United States Code, and transfer to the account described in
subsection (a), such amounts as may be necessary to reimburse
the account for the payment; and
``(B) shall notify the Secretary of the Treasury, who (if
necessary), notwithstanding section 207 of the Social
Security Act (42 U.S.C. 407), shall take such actions as the
Secretary of the Treasury considers appropriate to withhold
from any payment to the individual under title II of the
Social Security Act and transfer to the account described in
subsection (a), such amounts as may be necessary to reimburse
the account for the payment.
``(5) Coordination between opm and treasury.--The Director
of the Office of Personnel Management and the Secretary of
the Treasury shall carry out paragraph (4) in a manner that
ensures the coordination of the withholding and transferring
of amounts under such paragraph, in accordance with
regulations promulgated by the Director and the Secretary.
``(6) Payroll administrator defined.--In this section, the
term `payroll administrator' means--
``(A) in the case of an individual who is a Member of the
House of Representatives, the Chief Administrative Officer of
the House of Representatives, or an employee of the Office of
the Chief Administrative Officer who is designated by the
Chief Administrative Officer to carry out this subsection; or
``(B) in the case of an individual who is a Senator, the
Secretary of the Senate, or an employee of the Office of the
Secretary of the Senate who is designated by the Secretary to
carry out this subsection.
``(7) Right to intervene.--An individual who is subject to
the reimbursement requirement of this subsection shall have
the right to intervene in any mediation, hearing, or civil
action under this title to the extent necessary 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
which is separate from any other deposition taken from the
employee in connection with the hearing or civil action.''.
(b) Conforming Amendment Relating to Thrift Savings Fund.--
Section 8437(e) of title 5, United States Code, is amended by
striking ``or an obligation'' and inserting the following:
``an obligation of the Executive Director to make a transfer
under section 415(d)(3) of the Congressional Accountability
Act of 1995, or an obligation''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply with respect to payments 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(d)) is amended to read as
follows:
``(e) Automatic Referrals to Congressional Ethics
Committees of Dispositions of Claims Involving Members of
Congress and Senior Staff.--
``(1) Referral.--Upon the final disposition under this
title (as described in paragraph (4)) of a claim alleging a
violation described in section 415(d)(1)(B) which consists of
an act 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 an employing office 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 (including a Delegate or Resident Commissioner to
the Congress); or
``(B) the Select Committee on Ethics of the Senate, in the
case of a Senator or senior 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 investigations, hearings, or
decisions of the hearing officers and the Board under this
title, and any information relating to an award or settlement
paid, in response to such claim.
``(3) Protection of personally identifiable information.--
If a Committee to which a claim is referred under paragraph
(1) issues a report with respect to the claim, the Committee
shall ensure that the report does not directly disclose the
identity or position of the individual who filed the claim.
``(4) 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).
``(C) A final decision of the Board under section 406(e).
``(D) A final decision in a civil action under section 408.
``(5) 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. AVAILABILITY OF 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 instead of from the
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, the employing office
may grant paid leave of absence to a covered employee during
the pendency of the procedures available under this title for
the covered employee.
``(3) Ensuring no retaliation.--An employing office may not
grant a covered employee's request under this subsection in a
manner which would constitute reprisal or retaliation under
section 207.
``(b) Exception for Arrangements Subject to Collective
Bargaining Agreements.--Subsection (a) does not apply to the
extent that it is inconsistent with the terms and conditions
of any collective bargaining agreement which is in effect
with respect to an employing office.''.
(b) Clerical Amendment.--The table of contents is amended
by adding at the end of the items relating to tile IV the
following new item:

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

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

(a) Claims and Investigations.--Section 416(a) (2 U.S.C.
1416(a)) is amended to read as follows:
``(a) Claims and Investigations.--The filing of a claim
under section 402 and any investigation of a claim under
section 403 shall be confidential. Nothing in this subsection
may be construed to prohibit a covered employee or an
employing office from disclosing any information related to
the claim (including information related to the defense of
the claim) in the course of any proceeding under this
title.''.
(b) Mediation.--Section 416(b) (2 U.S.C. 1416(b)) is
amended by striking ``All mediation'' and inserting ``All
information discussed or disclosed in the course of any
mediation''.

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

(a) Requiring Reimbursement.--Section 415 (2 U.S.C. 1415),
as amended by section 111, is further amended by adding at
the end the following new subsection:
``(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 chapter
has been made from the account described in subsection (a) in
connection with a claim alleging a violation of section
201(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 on or after
the date of the enactment of this Act.

[[Page H801]]

TITLE II--IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE

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

(a) Semiannual Reports on Claims, Awards, and
Settlements.--
(1) Requiring submission and publication of reports.--
Section 301 (2 U.S.C. 1381) is amended by adding at the end
the following new subsection:
``(l) Semiannual Reports on Claims, Awards, and
Settlements.--
``(1) In general.--Not later than 45 days after the first
6-month period of each calendar year, and not later than 45
days after the next 6-month period of each calendar year, the
Office shall submit to Congress and publish on the Office's
public website a report listing each award or settlement
which was paid during the previous year from the account
described in section 415(a) as the result of a claim alleging
a violation of part A of title II, including the employing
office involved, the amount of the award or settlement, the
provision of part A of title II which was the subject of the
claim, and (in the case of an award or settlement resulting
from a violation described in section 415(d)(1)(B) which was
committed personally by a Member or former Member of
Congress), whether the Member or former Member is in
compliance with the requirement of section 415(d) to
reimburse the account for the amount of the award or
settlement.
``(2) Protection of identity of individuals receiving
awards and settlements.--In preparing and submitting the
reports required under paragraph (1), the Office shall ensure
that the identity or position of any individual who received
an award or settlement, or who made an allegation of a
violation against an employing office, is not disclosed.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to 2018 and each succeeding year.
(b) Report on Amounts Previously Paid.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Office of Compliance shall
submit to Congress and make available to the public on the
Office's public website a report on all payments made with
public funds prior to the date of the enactment of this Act
for awards and settlements in connection with violations of
section 201(a)(1) of the Congressional Accountability Act of
1995, and shall include in the report the following
information:
(A) The amount paid for each such award or settlement.
(B) The source of the public funds used for the award or
settlement, without regard to whether the funds were paid
from the account described in section 415(a) of such Act (2
U.S.C. 1415(a)), an account of the House of Representatives
or Senate, or any other account of the Federal Government.
(2) Rule of construction regarding identification of house
and senate accounts.--Nothing in paragraph (1)(B) may be
construed to require or permit the Office to report the
account of any specific office of the House of
Representatives or Senate as the source of funds used for an
award or settlement.

SEC. 202. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES.

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

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

``(a) Requirement To Conduct Surveys.--Not later than 1
year after the date of the enactment of this section, and
every 2 years thereafter, the Office shall conduct a survey
of employing offices under this Act regarding the workplace
environment of such offices.
``(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.
``(d) Use of Results of Surveys.--The Office shall furnish
the information obtained from the surveys conducted under
this section to the Committee on House Administration of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
``(e) Consultation With Committees.--The Office shall carry
out this section, including establishment of methodologies
and procedures under subsection (c), in consultation with the
Committee on House Administration of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(f) Inclusion of Library of Congress.--For purposes of
this section, the Library of Congress shall be considered an
employing office.''.
(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 investigations, mediations,
hearings, and other proceedings conducted under title IV.''.

SEC. 204. 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 Compliance.
(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 Compliance.

SEC. 205. 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 Compliance.
(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 Compliance.

TITLE III--MISCELLANEOUS REFORMS

SEC. 301. 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 any staff of an employing office who carry out
official duties of the employing office but who are not paid
by the employing office for carrying out such duties,
including an intern (including an applicant for an internship
and a former 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 an employee.
``(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.--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. 302. COVERAGE OF EMPLOYEES OF LIBRARY OF CONGRESS.

(a) Coverage for Purposes of Protections Against Workplace
Discrimination.--Section 201 (2 U.S.C. 1311), as amended by
section 301(a), is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Coverage of Library of Congress.--For purposes of
this section--
``(1) the Library of Congress shall be considered an
employing office; and
``(2) the employees of the Library of Congress shall be
considered covered employees.''.
(b) Availability of Alternative Grievance Procedures.--
Section 401 (2 U.S.C. 1401), as amended by section 101(a), is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Special Rule for Library of Congress.--In the case of
an employee of the Library of Congress, the employee may use
the alternative grievance procedures of the Library of
Congress instead of the procedures under this title for
consideration and resolution of an alleged violation of part
A of title II, except that if the employee files a claim as
provided in section 402 with respect to the alleged
violation, the employee may not use any of such alternative
grievance procedures for consideration and resolution of the
alleged violation.''.
(c) Other Conforming Amendments.--
(1) Civil rights act of 1964.--Section 717(a) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16(a)) is amended by
striking ``Smithsonian Institution'' and all that follows

[[Page H802]]

through ``Library of Congress'' and inserting the following:
``Smithsonian Institution, and in the Government Publishing
Office and the Government Accountability Office''.
(2) Age discrimination in employment act of 1967.--Section
15 of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a) is amended--
(A) in subsection (a), by striking ``Smithsonian
Institution'' and all that follows through ``Library of
Congress'' and inserting the following: ``Smithsonian
Institution, and in the Government Publishing Office and the
Government Accountability Office''; and
(B) in subsection (b), by striking the last sentence.
(3) Americans with disabilities act of 1990.--Section 510
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12209) is amended--
(A) by amending the matter preceding paragraph (1) to read
as follows: ``The Government Accountability Office and the
Government Publishing Office shall be covered as follows:'';
and
(B) in paragraph (4), by striking ``means the following''
and all that follows and inserting the following: ``means the
following: the Government Accountability Office and the
Government Publishing Office.''.
(d) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall apply with respect to claims alleging violations of
part A of title II of the Congressional Accountability Act of
1995 which are first made on or after the date of the
enactment of this Act.
(2) Treatment of pending claims under existing
procedures.--If, as of the date of the enactment of this Act,
an employee of the Library of Congress has or could have
filed a charge or complaint pursuant to procedures of the
Library of Congress which were available to the employee
prior to such date for the resolution of a claim alleging a
violation of a provision of law made applicable to the
Library under section 201(a) of the Congressional
Accountability Act of 1995 (including procedures applicable
pursuant to a collective bargaining agreement), the employee
may complete, or initiate and complete, all such procedures,
and such procedures shall remain in effect with respect to,
and provide the exclusive procedures for, that charge or
complaint until the completion of all such procedures.

SEC. 303. CLARIFICATION OF COVERAGE OF EMPLOYEES OF HELSINKI
AND CHINA COMMISSIONS.

(a) Clarification of Coverage.--Section 101 (2 U.S.C. 1301)
is 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 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; or
``(B) by the Senate Chief Counsel for Employment of the
Senate, in the case of assistance and representation in
connection with a claim filed under title IV (including all
subsequent proceedings under such title in connection with
the claim) at a time when the chair of the Commission is a
Senator.
``(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 of 2001 (Public Law 106-
398; 22 U.S.C. 7002);
``(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' (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(3) (2 U.S.C. 1301(3)) is amended--
(A) by striking ``or'' at the end of subparagraph (H);
(B) by striking the period at the end of subparagraph (I)
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(J) the John C. Stennis Center for Public Service
Training and Development.''.
(2) Treatment of center as employing office.--Section
101(9)(D) (2 U.S.C. 1301(9)(D)) is amended by striking ``and
the Office of Technology Assessment'' and inserting the
following: ``the Office of Technology Assessment, and the
John C. Stennis Center for Public Service Training and
Development''.
(c) 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. 304. 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
Sixteenth Congress), each employing office shall submit a
report to the Committee on House Administration of the House
of Representatives and the Committee on Rules and
Administration of the Senate on the implementation of the
program required under subsection (a).
``(2) Special rule for first report.--Not later than 180
days after the date of the enactment of the Congressional
Accountability Act of 1995 Reform Act, each employing office
shall submit the report described in paragraph (1) to the
Committees described in such paragraph.
``(c) Exception for Offices of Congress.--This section does
not apply to an employing office 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. 305. RENAMING OFFICE OF COMPLIANCE AS OFFICE OF
CONGRESSIONAL WORKPLACE RIGHTS.

(a) Renaming.--Section 301 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1381 et seq.) is
amended--
(1) in the heading, by striking ``office of compliance''
and inserting ``office of congressional workplace rights'';
and
(2) in subsection (a), by striking ``Office of Compliance''
and inserting ``Office of Congressional Workplace Rights''.
(b) Conforming Amendments to Congressional Accountability
Act of 1995.--The Congressional Accountability Act of 1995 is
amended as follows:
(1) In section 101(1) (2 U.S.C. 1301(1)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(2) In section 101(2) (2 U.S.C. 1301(2)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(3) In section 101(3)(H) (2 U.S.C. 1301(3)(H)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(4) In section 101(9)(D) (2 U.S.C. 1301(9)(D)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(5) In section 101(10) (2 U.S.C. 1301(10)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(6) In section 101(11) (2 U.S.C. 1301(11)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(7) In section 101(12) (2 U.S.C. 1301(12)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(10) In section 220(e)(2)(G) (2 U.S.C. 1351(e)(2)(G)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(11) In the heading of title III, by striking ``OFFICE OF
COMPLIANCE'' and inserting ``OFFICE OF CONGRESSIONAL
WORKPLACE RIGHTS''.
(12) In section 304(c)(4) (2 U.S.C. 1384(c)(4)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(13) In section 304(c)(5) (2 U.S.C. 1384(c)(5)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(c) Clerical Amendments.--The table of contents is
amended--

[[Page H803]]

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

TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

(a) In General.--Except as otherwise provided, 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 under title IV of the Congressional
Accountability Act of 1995 which is pending as of the date of
the enactment of this Act.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Mississippi (Mr. Harper) and the gentleman from Pennsylvania (Mr.
Brady) each will control 20 minutes.
The Chair recognizes the gentleman from Mississippi.

General Leave

Mr. HARPER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Mississippi?
There was no objection.
Mr. HARPER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, a little more than 3 months ago, you tasked the
Committee on House Administration with a great responsibility, to
undertake a comprehensive review of the training, policies, and
mechanisms to guard against sexual harassment in the congressional
workplace.

{time} 1145

I believe that the legislation we are considering today, H.R. 4924,
the Congressional Accountability Act of 1995 Reform Act, and,
immediately following that, the House resolution, together, respond to
this great task.
At the outset, I would like to thank the Speaker of the House, Paul
Ryan, for his leadership on this issue and for the trust he placed on
our committee to conduct this important review.
I would also like to thank and appreciate the work done by our
Conference Chair, Cathy McMorris Rodgers.
I would also thank every member of the Committee on House
Administration, particularly the ranking member, Mr. Brady. He has been
a great friend and colleague over the last decade, and I appreciate
being able to work closely on this issue with him.
Both the CAA Reform Act and the House resolution reflect the
dedication and commitment of a bipartisan group of Members, including
Representatives Byrne, Speier, Brooks, and Deutch, who want to ensure
this institution remains worthy of the trust placed in it by the
American people. I also want to thank Representatives DeSantis, Love,
Comstock, and Chris Smith for their contributions to this bill.
As I have said previously and will state again, unequivocally, there
is no place for sexual harassment, or any type of harassment, period,
in the U.S. House of Representatives.
It is no secret that the culture on Capitol Hill is unique. While
there are hundreds of employing offices, we should all share the common
goal of creating effective work environments--environments that are
safe, productive, collegial, and, most importantly, responsive,
responsive to the needs of our constituents and the public.
During our review, the committee held two hearings, three member
listening sessions, a roundtable discussion with stakeholders, and
meetings with victims and their advocates to examine how we could
improve the workplace for everyone. We found the Congressional
Accountability Act of 1995 to be outdated and in need of this
comprehensive reform.
We found the House training programs to be inadequate in order to
meet the needs of all House employees. Additionally, we found that our
House policies and procedures are in need of change as they relate to
sexual harassment in the workplace.
Last November, the House took the first step in addressing these
issues by passing H. Res. 630, a resolution that, among other things,
requires all House employees to take annual, in-person antiharassment
and antidiscrimination training. Passage of the CAA Reform Act is the
logical next step.
The CAA Reform Act makes a number of reforms to the Congressional
Accountability Act that will ensure its future effectiveness,
including:
Reforming the dispute resolution process to establish procedures for
initiating, investigating, and resolving alleged violations of part A,
title II, of the CAA;
Ensuring all claims are filed in writing and are made under oath;
Requiring Members who have engaged in intentional discrimination to
reimburse the Department of the Treasury;
Requiring the Office of Compliance, the OOC, to report every 6 months
of a calendar year to Congress, and to publish on their website the
awards and settlements from the previous year;
Directing the OOC to conduct a climate survey of the legislative
branch every 2 years;
Directing the OOC to establish a permanent record retention program;
Expanding the definition of covered employees to include unpaid
interns, fellows, and detailees; and
Clarifying certain commissions, such as the Helsinki Commission, are
covered by the Congressional Accountability Act and providing the
process for disposing of claims.
These are just a few of the reforms that the CAA Reform Act makes.
I am proud of the work of this committee and our bipartisan group of
Members who have worked on this so diligently over the last several
months.
Mr. Speaker, I encourage all of my colleagues to support this
legislation, and I reserve the balance of my time.

House of Representatives,

Committee on House Administration,

Washington, DC, February 2, 2018.
Hon. Susan Brooks,
Chairwoman, House Committee on Ethics, Washington, DC.
Dear Chairwoman Brooks: I am writing to you concerning H.R.
4924, the Congressional Accountability Act of 1995 Reform Act
and H. Res. 724, a resolution making operational changes to
the House of Representatives as well as changes to the Code
of Official Conduct. There are certain provisions in both
pieces of legislation that fall within the jurisdiction of
the House Committee on Ethics.
In the interest of permitting the Committee on House
Administration to proceed expeditiously for floor
consideration of these important bills, I am writing to
request a waiver of your committee's right to a referral. I
request with the understanding that by waiving consideration
of these bills, the Committee on Ethics does not waive any
future jurisdictional claim over the subject matters
contained in the bills which fall within its Rule X
jurisdiction.
I will place this letter into the committee report and into
the Congressional Record during consideration of the measures
on the House floor. Thank you for the cooperative spirit in
which you have worked regarding this matter and others
between our respective committees.
Sincerely,
Gregg Harper,
Chairman.
____

House of Representatives,

Committee on Ethics,

Washington, DC, February 6, 2018.
Hon. Gregg Harper,
Chairman, Committee on House Administration, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
4924, the Congressional Accountability Act of 1995 Reform
Act, and H. Res. 724, a related resolution. As you know,
certain provisions of both bills fall within the jurisdiction
of the Committee on Ethics and your committee has previously
consulted with us regarding provisions of these measures that
fall within our committee's jurisdiction. We appreciate the
opportunity to work with you, Ranking Member Robert Brady,
and your colleagues on the Committee on House Administration
in a collegial and bipartisan manner on this important
legislation.
The Committee on Ethics has unique and exclusive
jurisdiction over the Code of Official Conduct. In addition,
the Committee on Ethics takes allegations of sexual
harassment and discrimination and other violations of
workplace rights extremely seriously. However, in order to
expedite Floor consideration of these measures, the Committee
on Ethics will forgo action on both measures.
We believe that discharging the Committee on Ethics from
further consideration of H.R. 4924 and H. Res. 724 will serve
in the best interest of the House of Representatives to
ensure their swift consideration. It is our mutual
understanding that forgoing action on

[[Page H804]]

H.R. 4924 and H. Res. 724 will not prejudice the Committee on
Ethics with respect to appointment of conferees or any future
jurisdictional claim over subject matter contained in this or
similar legislation. Our committee also reserves the right to
seek appointment of an appropriate number of conferees to any
House-Senate conference involving this or similar
legislation, and ask that you support any such request. We
understand that your letter and this response will be
included in the bill report filed by your Committee, as well
as in the Congressional Record.
Sincerely,
Susan W. Brooks,
Chairwoman, Committee on Ethics.
Theodore E. Deutch,
Ranking Member, Committee on Ethics.
____

House of Representatives,

Committee on House Administration,

Washington, DC, February 2, 2018.
Hon. Trey Gowdy,
Chairman, House Committee on Oversight and Government Reform,
Washington, DC.
Dear Chairman Gowdy: I am writing to you concerning H.R.
4924, the Congressional Accountability Act of 1995 Reform
Act. There are certain provisions in the bill that fall
within the jurisdiction of the House Committee on Oversight
and Government Reform.
In the interest of permitting the Committee on House
Administration to proceed expeditiously for floor
consideration of this important bill, I am writing to request
a waiver of your committee's right to a referral. I request
with the understanding that by waiving consideration of this
bill, the Committee on Oversight and Government Reform does
not waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction.
I will place this letter into the committee report and into
the Congressional Record during consideration of the measure
on the House floor. Thank you for the cooperative spirit.
Sincerely,
Gregg Harper,
Chairman.
____

House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, February 6, 2018.
Hon. Gregg Harper,
Chairman, Committee on House Administration,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
4924. As you know, certain provisions of the bill fall within
the Jurisdiction of Committee on Oversight and Government
Reform.
I realize that discharging the Committee on House
Administration from further consideration of H.R. 4924 will
serve in the best interest of the House of Representatives
and agree to do so. It is the understanding of the Committee
on Oversight and Government Reform that forgoing action on
H.R. 4924 will not prejudice the Committee with respect to
appointment of conferees or any future jurisdictional claim.
I request that your letter and this response be included in
the bill report filed by your Committee, as well as in the
Congressional Record.
Sincerely,
Trey Gowdy.
____

House of Representatives,

Committee on House Administration,

Washington, DC, February 5, 2018.
Hon. Kevin Brady,
Chairman, House Committee on Ways and Means, Washington, DC.
Dear Chairman Brady: I am writing to you concerning H.R.
4924, the Congressional Accountability Act of 1995 Reform
Act. There are certain provisions in the legislation that
fall within the jurisdiction of the House Committee on Ways
and Means.
In the interest of permitting the Committee on House
Administration to proceed expeditiously for floor
consideration of this important bill, I am writing to request
a waiver of your committee's right to a referral. I request
with the understanding that by waiving consideration of these
bills, the Committee on Ways and Means does not waive any
future jurisdictional claim over the subject matter contained
in the bill which falls within its Rule X jurisdiction.
I will place this letter into the committee report and into
the Congressional Record during consideration of the measure
on the House floor. Thank you for the cooperative spirit in
which you have worked regarding this matter and others
between our respective committees.
Sincerely,
Gregg Harper,
Chairman.
____

House of Representatives,

Committee on Ways and Means,

Washington, DC, February 5, 2018.
Hon. Gregg Harper,
Chairman, Committee on House Administration,
Washington, DC.
Dear Chairman Harper: I am writing with respect to H.R.
4924, the ``Congressional Accountability Act of the 1995
Reform Act,'' on which the Committee on Ways and Means was
granted an additional referral.
As a result of your having consulted with us on provisions
in H.R. 4924 that fall within the Rule X jurisdiction of the
Committee on Ways and Means, I agree to waive formal
consideration of this bill so that it may move expeditiously
to the floor. The Committee on Ways and Means takes this
action with the mutual understanding that we do not waive any
jurisdiction over the subject matter contained in this or
similar legislation, and the Committee will be appropriately
consulted and involved as the bill or similar legislation
moves forward so that we may address any remaining issues
that fall within our jurisdiction. The Committee also
reserves the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this or similar legislation, and requests your support for
such request.
Finally, I would appreciate your response to this letter
confirming this understanding, and would ask that a copy of
our exchange of letters on this matter be included in the
Congressional Record during floor consideration of H.R. 4924.
Sincerely,
Kevin Brady,
Chairman.

Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, since we began this process several months ago, I have
met with experts, my colleagues, and, most importantly, the survivors
of sexual harassment and assault. Their insight has informed this
legislation today.
By passing this proposal, Congress will take a much-needed first step
in changing how we do business:
We eliminate counseling;
We eliminate the cooling off period;
We make mediation optional;
We change the system so that we protect the victim and not the
perpetrator;
We require more transparency with regular reporting that has
meaningful information;
We change the confidentiality rule so that the victim decides what to
talk about and when; and
We hold Members accountable for their behavior by referring every
case to the Ethics Committee.
This is long overdue.
There is one person who has been championing this work her entire
career, the gentlewoman from California, Representative Jackie Speier,
and I thank her. Without her, we would not be here. Representative
Speier's leadership and persistence are the main reasons we are so
close to getting this done, and the entire Congress should be grateful
for her work.
It is because of the leadership of the chairman that we are here on
the floor today. As he has his entire 10 years on the committee, he has
been focused on working together in a bipartisan way where we can
agree. Because of that commitment, he will certainly be remembered as
one of the most consequential chairmen of this committee. I thank him,
and I cherish his friendship.
Mr. Speaker, I reserve the balance of my time.
Mr. HARPER. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Alabama (Mr. Byrne).
Mr. BYRNE. Mr. Speaker, I thank the chairman for yielding.
Prior to coming to Congress, I worked for 30 years as a labor and
employment attorney in Alabama. I advised clients on how to prevent
sexual harassment and how to navigate the process if a harassment claim
was made. Quite frankly, I was shocked to see how complicated the
congressional process for handling sexual harassment and other
employment law claims was.
Mr. Speaker, this legislation is a shining example of how Congress
should work. Chairman Harper and Ranking Member Brady engaged a
bipartisan group of Members, including Representative Jackie Speier and
me, interested in solving this problem. After months of thoughtful
negotiation, we come to the floor today with a product that this House
and the American people can be proud of.
Under this legislation, we will bring the congressional workplace
into the 21st century and ensure that Congress plays by the same rules
as the private sector.
There are far too many important reforms to mention all of them, but
I want to highlight a few that I think are especially transformative.
First, the bill creates a fair and simpler process for employees to
file an employment law claim and for the claim to be resolved. The bill
creates

[[Page H805]]

an Office of Employee Advocacy to ensure staff has access to legal
counsel just as Member offices are provided. The process is also
simplified to make the claims process smoother, faster, and fairer.
Second, the bill increases transparency by requiring that basic
information about any sexual harassment or other claims be made public
so the American people are fully aware of what is happening in
Congress.
Third, the bill will ensure that Members of Congress, not taxpayers,
are responsible for paying out sexual harassment settlements that they
are responsible for.
Fourth, the related resolution paves the way for every congressional
office to have a clearly defined antiharassment and antidiscrimination
policy. This reform alone will result in greater awareness.
Fifth, the resolution prohibits Members of Congress from engaging in
a sexual relationship with any staff member under their supervision and
makes clear that sexual harassment is a violation of the Code of
Official Conduct and will not be tolerated.
In closing, I want to again thank Chairman Harper and Ranking Member
Brady for their leadership on this issue, and I strongly urge my
colleagues to support this bipartisan legislation and the related
resolution.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield 3 minutes to the
gentlewoman from California (Ms. Speier), and, again, the main reason
we are on the floor today.
Ms. SPEIER. Mr. Speaker, I thank the ranking member for his
generosity and for his great leadership.
Mr. Speaker, we are truly here on a historic occasion. It is a rare
and crucial moment of bipartisanship. This is the way you can do it--
men and women, Republicans and Democrats, conservatives and liberals--
coming together to make this place better.
When I first started this work back in 2014, I dreamed, but I did not
dare to hope, that we would end up here today. Today, this bipartisan
group of legislators is taking a historic step that has plagued this
institution for generations.
For years, Members of Congress have gotten away with truly egregious
behavior by mistreating their staff. A story that will be etched in my
memory forever is a young woman who sat in my office earlier this year
and told me her story and who said, as she cried, the process was
almost worse than the harassment.
No more, ladies and gentlemen, no more will that be the case. Thanks
to the Me Too movement, the American public has made it clear that they
have had enough. They expect Congress to lead; and, for once, we are.
Today, I am proud to support the CAA Reform Act. Based on the ME TOO
Congress Act, which I introduced last fall, this bill empowers
survivors. They will no longer be subject to mandatory mediation. They
will be represented by counsel. They will no longer have cooling off
periods and periods where they have to be counseled legally, and they
have the right to sue.

Most importantly, it creates the kind of transparency that we talk
about but rarely ever provide, and Members--yes, Members--are going to
be held responsible for their bad behavior. We will require them to pay
the settlement in full in 90 days. If they can't do that, we will
garnish their wages, we will garnish their thrift saving plans, and we
will garnish their Social Security.
We would not be here today were it not for the unwavering commitment
of Chairman Harper, Ranking Member Brady, Speaker Ryan, Leader Pelosi,
Congressman Byrne--whom I was delighted to work with on this issue--
Congresswoman Brooks, Congressman Deutch, and the entire Committee on
House Administration.
This would not be here today but for the majority and minority
committee staff, especially Jamie Fleet, who has shown extraordinary
leadership, as has Kim Betz, for all the late nights and the lost
weekends to get this bill over the finish line. And to my staff, who
worked just as hard, to Molly Fishman and to Miriam Goldstein, I will
forever be grateful for what you have provided.
The SPEAKER pro tempore (Mr. Bost). The time of the gentlewoman has
expired.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield the gentlewoman from
California an additional 30 seconds.
Ms. SPEIER. But our work is not done. The Me Too movement is driving
change from the boardrooms to the break rooms across our great country.
I am committed to ensuring that Congress looks beyond itself to improve
the lives of all workers in America.
Today, we take a great step forward for the congressional workplace.
We show that we can come together across party and geography. Tomorrow,
let us continue to work to make sexual harassment and violence in all
workplace settings a thing of the past.
Mr. HARPER. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Indiana (Mrs. Brooks), the chairwoman of the Ethics Committee.
Mrs. BROOKS of Indiana. Mr. Speaker, I rise today in support of the
bipartisan Congressional Accountability Act of 1995 Reform Act,
introduced by the House Administration chairman, Mr. Harper, and the
ranking member, Mr. Brady.
I also want to thank my colleagues who have helped lead the effort,
Representative Byrne and Representative Speier, along with my
colleague, the ranking member of the House Ethics Committee,
Representative Deutch.
Current law, the CAA, as we call it, was enacted over 20 years ago,
and it has become so outdated. The proposed reforms in this CAA Reform
Act work to improve our response to harassment and discrimination so
that allegations of wrongdoing can be investigated swifter, fairer, and
in a more efficient manner. This legislation prioritizes protecting the
victims while ensuring due process for the accused.
Congress must be a force for justice in order to ensure all employees
have a safe workplace environment that is free of sexual harassment or
discrimination of any kind, because it is completely unacceptable to be
subjected to harassment or discrimination of any kind at any workplace
in our country.
The element of the CAA that allowed for silencing of victims and
spending taxpayer dollars to settle claims for Members of Congress must
be changed.
The CAA Reform Act will increase transparency and accountability in
Congress and create a more victim-friendly process. It ensures sexual
harassment and discrimination settlements made, moving forward, will no
longer be secret.
This bill will protect taxpayer dollars by requiring Members of
Congress who have an award or judgment against them for harassment to
personally pay for any settlement.
As chairwoman of the House Ethics Committee, I am proud to work
alongside the ranking member, Representative Deutch, on this important,
bipartisan legislation. I want to thank our colleagues who worked to
ensure that, in order for the Ethics Committee to fulfill its
obligation of the House to investigate and potentially discipline
Members and staff, now the committee must be given information on
potential bad actors. The CAA Reform Act ensures the Ethics Committee
is given that information.

{time} 1200

The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. HARPER. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman.
Mrs. BROOKS of Indiana. It provides an automatic referral to the
Ethics Committee upon disposition of claims before the Office of
Congressional Workplace Rights, currently known as the Office of
Compliance, so now the House Ethics Committee can quickly investigate
allegations of wrongdoing while protecting the identity of the accuser
and ensuring due process for the accused.
By supporting this Reform Act, we are showing the Nation that
Congress is taking strong bipartisan action to improve the workplace
called the people's House and the conduct of those who work in it.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Pelosi), our Democratic leader.
Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding. I also
thank him and Mr. Harper for their leadership in bringing this
legislation to the floor.
Congratulations to the Committee on House Administration. I commend
Congresswoman Brooks and Congressman

[[Page H806]]

Deutch for their work on the Ethics Committee in this regard. I thank
Mr. Raskin as well for his work.
Of course I want to thank Congresswoman Jackie Speier from
California, who has made this part of her life's work in officialdom in
her public service in the California Legislature and here. Today, the
fruit of your labor, Madam Congresswoman, comes to fruition. Your
strong leadership will ensure that no survivor of discrimination or
harassment will face the injustice of having his or her voice silenced.
The ME TOO Congress Act is our promise, in a bipartisan way, to hold
every person accountable to the rule of absolutely zero tolerance. No
matter someone's contribution to our country, harassment and
discrimination are always unacceptable.
With this bill, we are shining a blazing light on the scourge of
workplace abuse, which has been allowed to fester in the shadows for
too long. We are securing protections for all employees by streamlining
and strengthening the resolution and reporting process.
We are holding Members personally responsible for settlements, and we
are guaranteeing taxpayer money will never again be used to create a
culture of complicity and silence around workplace harassment.
This bill is bipartisan because the fight against workplace
harassment and discrimination transcends party or politics. This
legislation is about protecting the personal safety of every person who
comes to Congress to serve either as a Member or in the workforce. This
is about upholding human dignity and the inalienable right to live free
from abuse.
Our Nation is at a watershed moment in the fight against sexual
harassment and discrimination. Brave men and women from Hollywood to
Washington, from Sacramento--I might add, where my daughter has been
involved in this campaign--from the boardroom to the newsroom, in the
hotels, restaurants, and workplaces, in every corner of the country,
people are standing up to say: Time is up.
But the Me Too movement has really made quite a difference. Their
voices are correcting the culture around harassment and abuse.
But more needs to be done. The Congress must continue to work with
the Equal Employment Opportunity Commission and others to forge a path
forward to improve protection for all American workplaces. That is why
I am so pleased to bring this bill to the floor.
Over recent times, Members of Congress listened to survivors and
advocates, learned from public and private sector experts, and received
constructive recommendations from many Members. We will not rest until
every person in every workplace has full safeguards against harassment
and abuse and discrimination. This is a time for shaking up the status
quo, not for bowing to inaction and incrementalism.
Members of Congress are trustees of the people. We have a solemn
responsibility to do well by the people, both the people who sent us to
Washington, and those who serve by our sides here. Our values and our
humanity compel us to take action and to finish this fight so that
every woman, man, and child can live free from the fear of abuse.
Again, I thank Mr. Brady and Mr. Harper for their leadership on this
issue.
Mr. HARPER. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Rodney Davis), the vice chairman of the Committee on
House Administration.
Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I would like to thank
Chairman Harper for his leadership on this important piece of
legislation. And I would be remiss, Mr. Speaker, if I didn't offer my
thanks to our House Administration Committee's ranking member, Mr.
Brady. I thank him for his leadership on this important issue, too. I
want to thank my fellow colleagues on that committee for their hard
work and diligence.
Mr. Speaker, no one should have to worry about sexual harassment when
they come to work. This bill is vital to addressing this problem as we
work to increase professionalism in the House and establish a workplace
that is grounded in respect.
In Congress, we have got to lead by example. As a member of this
committee, my colleagues and I held hearings on preventing sexual
harassment in the congressional workplace and the effectiveness of the
Congressional Accountability Act, which demonstrated the need for
reform.
I am pleased to report that this bill continues the House
Administration Committee's commitment to increasing transparency in the
Federal Government. Last Congress, we worked hard to pass reforms that
made House office spending more transparent and accountable than any
other area of the Federal Government.
Today we are voting on a bill that will increase transparency of
Member conduct by requiring the Office of Compliance to report on
awards and settlements every 6 months and by holding Members personally
responsible. This strengthens the dispute resolution process, enables
employees to speak without fear of retribution, and ensures every House
office has an antidiscriminatory and antiharassment policy.

Mr. Speaker, I urge my colleagues to vote ``yes'' and to support this
bill.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield 2 minutes to the
gentleman from Maryland (Mr. Raskin), a valued member of our committee.
Mr. RASKIN. Mr. Speaker, I want to thank our chairman, Mr. Harper;
and the ranking member, Mr. Brady, for their excellent leadership on
this legislation.
I rise as a proud cosponsor and strong supporter of H.R. 4924, the
Congressional Accountability Act of 1995 Reform Act; and H. Res. 724,
the companion resolution which strengthens antiharassment and
antidiscrimination policies and procedures in this institution.
These two bills show how Congress can make dramatic progress on a
bipartisan basis when we listen to the people; specifically, the Me Too
movement against workplace discrimination and harassment that has swept
America into the 21st century by demanding equality and dignity in the
workplace for all women as well as all men.
This continuing Women's March Across America for workplace fairness
has forced the Members of this body to acknowledge that, here in
Congress, sexual harassment has been a serious occupational hazard for
thousands of women who only want to come to work to support their
families and to contribute to the common good of the country.
We have heard about shameful cases of quid pro quo harassment,
hostile workplace environment, groping, forcible kissing, sexual
coercion, and reprisal and retaliation for saying no or complaining.
As the representatives of the American people, we have a compelling
obligation to lead America to a culture of zero tolerance for sexual
harassment and assault in the workplace; and we, in Congress, must
lead, not only by strong legislation, but by strong example.
Our current dispute resolution process is stacked against victims,
requiring people to go through a protracted and duplicative process.
Members are provided legal counsel, while victims are left to navigate
this convoluted process on their own. Settlements, if provided, are
paid for with taxpayer money instead of the money of the perpetrators
of the events.
This legislation eliminates protracted mandatory waiting periods. It
empowers victims to move directly to a court proceeding if they so
desire. It creates an Office of Employee Advocacy with lawyers on hand
to help people understand their rights.
The SPEAKER pro tempore (Mr. Duncan of Tennessee). The time of the
gentleman has expired.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield an additional 30
seconds to the gentleman.
Mr. RASKIN. It prohibits sexual relationships between Members of
Congress and their staffs. It holds offending Members personally
responsible for their conduct by requiring that they pay any
settlements that are actually made.
I thank Chairman Harper and Ranking Member Brady for their
leadership. I especially thank Congresswoman Jackie Speier for her
untiring and exemplary advocacy over the years on this issue. I am glad
that we are being part of this great cultural paradigm shift in America
right now.

[[Page H807]]

Mr. HARPER. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Virginia (Mrs. Comstock), who continues to work tirelessly on this
issue.
Mrs. COMSTOCK. Mr. Speaker, I thank the chairman for his leadership.
I also thank all of my colleagues on the committee and all of those who
have participated in this process on this bill and this resolution.
I rise in support of both the bill and the resolution.
We know sexual harassment is about power--a misuse of power that
impacts careers, lives, and self-esteem. We know most women do not come
forward and disclose sexual harassment. We know, often, they leave
their desired careers because of that.
We have seen it in all industries: predators such as Harvey Weinstein
in Hollywood; Matt Lauer, Roger Ailes, Charlie Rose in the media; John
Conyers and Trent Franks in our own body.
So it is so important that this legislation, this historic step, is
fundamentally changing that balance of power by creating an office for
the victims, the Office of Employee Advocacy. This is the single most
important thing in this legislation to restore that balance of power
that has been misused by those in power.
When I spoke to Dorena Bertussi, who, 30 years ago, was sexually
harassed in this body by Congressman Jim Bates from California, she
didn't have an office to go to. She didn't even have one that wasn't
very good. So now, 30 years later, we are writing this.
We now have transparency. People can't hide behind the process
anymore. The Members' names will be known. Taxpayers will not be on the
hook for any of this. The offender themselves will have to pay. We have
all types of methods in here to get that money because we want to make
sure the victim is made whole.
I appreciate we have also adopted some of the DeSantis provisions to
get a full accounting of past cases so we know the amounts and we know
exactly what happened. And I am still concerned about those Members who
may have used their MRAs, their Member allowances, in an inappropriate
way. That is corrected in this bill and is no longer allowed.
Also, we have made it clear that there are no relationships with
subordinates. I do want to mention that I still do believe, despite--
this is a great bill and I heartily support it and so appreciate all
the hard work that the staff and everyone has done, but I still do
believe we need to disclose the past names that are still unknown. Some
of those names have come forward because of the press, because of
victims speaking out.
We need to let the victims know that they can speak out from the
past. If they want to speak out, they can; that this body is not going
to be using any of our resources to stop a victim from the past from
speaking out.

I also do think we still need to disclose all of those names going
forward so that we have full accountability, because part of that
misuse of power is that they can continue to know they won't be held
accountable, and the victims see that. So we need to have a strong
message that there is nobody in this body that would ever be allowed to
go forward without being held accountable.
I encourage all of my colleagues to support this resolution and this
important legislation.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield 2 minutes to the
gentleman from Florida (Mr. Deutch).
Mr. DEUTCH. Mr. Speaker, last year, American culture experienced a
moment of reckoning. It doesn't matter what political party; it doesn't
matter what industry; it doesn't matter when or where: sexual
harassment and sexual violence are unacceptable.
America has been willfully blind to abuses of power for far too long.
The bravery of survivors of sexual assault and harassment has changed
that, has changed our country, and it is time for Congress to follow
their lead.
I am grateful to introduce this bill with my colleagues: House
Administration Chairman Harper and Ranking Member Brady; my counterpart
on the House Ethics Committee, Chairwoman Susan Brooks; all of whom
worked so hard to develop these reforms.
I am going to thank Representative Byrne for his commitment to this
effort, sharing his experience. And my colleague and friend,
Congresswoman Jackie Speier, deserves particular appreciation and
acknowledgment for her strong leadership not just in crafting this
bill, but throughout her career in standing up for the rights of women;
but, in this case, for crafting a bill that will produce lasting change
for the United States Congress.
This bill will allow survivors to speak out, ensure that legal
resources are available to them, and offer justice without fear of
retribution. This bill will not only strengthen our out-of-date
workplace protections, but it will send an important message to the
entire country that Members of Congress will be held accountable.
Also with this legislation, the Office of Compliance must provide the
House Ethics Committee with all of the information required for the
transparent pursuit of full accountability.

{time} 1215

It is time to end protections for powerful abusers and to empower
survivors. Each survivor must be heard, allegations must be taken
seriously, and abusers and harassers must be held accountable.
Every congressional employee and every American deserves an equal
chance at success in their careers, free from sexual harassment and
free from retaliation for defending themselves and asserting their
rights.
Mr. Speaker, it is time to do the work necessary to change our
culture. I encourage my colleagues to support this bill and ensure that
Congress does its part in that important work.
Mr. HARPER. Mr. Speaker, may I inquire of the time remaining for
debate.
The SPEAKER pro tempore. The gentleman from Mississippi has 6 minutes
remaining. The gentleman from Pennsylvania has 9\1/2\ minutes
remaining.
Mr. HARPER. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. DeSantis).
Mr. DeSANTIS. Mr. Speaker, when news broke that there had been a
series of secret sexual harassment payments paid for on behalf of
Members of Congress by tax dollars, I think a lot of Americans, even by
the low standards that they have for this body, were shocked to hear
that. And it was almost as if the rules were set up to incentivize bad
behavior by a Member because Members could harass people and they
wouldn't be personally liable for it, and they could keep it all
secret.
This had to change, and I applaud Chairman Harper for leading on this
bill. And I am happy that the provisions of my bill have been adopted
in this because I think it is important. Taxpayers should not bail
Members of Congress out for misconduct, and this bill fixes that and
makes them personally liable.
We also need a full accounting of any payments that are being made
with tax dollars. This bill does that. We have to protect identities of
victims.
I think we are making a step in the right direction. I think this
starts to foster a culture of respect on Capitol Hill.
Mr. Speaker, I urge my colleagues to support the bill, and I thank
Chairman Harper for his efforts.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield 2 minutes to the
gentlewoman from the District of Columbia (Ms. Norton).
(Ms. NORTON asked and was given permission to revise and extend her
remarks.)
Ms. NORTON. Mr. Speaker, I want to thank both sides for the
bipartisan way in which this bill has proceeded.
Today, the House is doing no more than bringing itself in line with
what we have long required of the public sector and Federal agencies.
When I became chair of the Equal Employment Opportunity Commission in
the late 1970s, sexual harassment was not even recognized as a form of
employment discrimination.
We remedied that with sexual harassment guidelines, later ratified by
the Supreme Court. In drawing the sexual harassment guidelines, it
never occurred to us that Congress would adopt special procedures for
themselves, preferential to Members and prejudicial to employees.
The antidiscrimination statutes typically require some kind of
conciliation before moving forward to avoid excessive litigation, but
the current process creates multiple steps and time frames that exhaust
complainants and deter resolution.

[[Page H808]]

It takes courage to file a sexual harassment complaint because most
are unwitnessed and they are difficult to corroborate.
The most important provisions of this bill, I believe, are the
provisions for legal assistance to complainants, which Members have
long had, and personal liability for sexual harassment lying with the
Member, not the taxpayers.
This bill marks the Congress holding itself accountable to the
public. However, it is another focus on high-profile workplaces.
I ask the House to move next to the workplaces of America where the
average woman and man works--hospitality, factories, offices, retail,
and the like. Increasingly, we find sexual harassment is still
widespread.
Therefore, I hope the House will pass my bill to create a national
commission to hear from ordinary workers so that the average worker
gets our equal attention and equal time.
Mr. Speaker, again, I thank the sponsors of this bill and for this
bipartisan effort.
Mr. HARPER. Mr. Speaker, I yield 1 minute to the gentlewoman from
Utah (Mrs. Love).
Mrs. LOVE. Mr. Speaker, I would like to thank Chairman Harper and
also Ranking Member Brady for including the STOP Act in the House
Administration legislation.
Shockingly, the Office of Compliance confirms that hundreds of
thousands of dollars have been paid with taxpayer money to settle
sexual harassment cases against Members of Congress.
I am pleased to say that the bill that is before us today
incorporates a bill that I introduced last December to stop this
practice, H.R. 4674. The Stop Taxpayers Obligations to Perpetrators of
Sexual Harassment Act will require Members of Congress to pay back any
taxpayer money used to settle sexual harassment cases. Victims will be
compensated, but taxpayers won't be footing the bill.
This bill promotes and supports due process. It sends a message that
there isn't a set fund out there paid for by the taxpayer ready for
someone to access, but it also doesn't encourage a Member who feels
that they have done nothing wrong to settle so an issue can just go
away.
If a Member of Congress behaves badly, the consequences of those
actions are that person's responsibility, not the taxpayers'. I believe
that Members should live by the laws that they create and the taxpayers
should not be responsible for inappropriate behavior.
Mr. Speaker, I encourage my colleagues to vote for this bill.
Mr. HARPER. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, first of all, let me begin by
thanking Chairman Harper for this outstanding bipartisan legislation,
and Mr. Brady as well. This is what this place can produce when we do
come together.
Obviously, it provides congressional employees with comprehensive
protection from abuse, including zero tolerance for sexual harassment.
The bill significantly increases transparency on Member conduct by
publishing reports on awards and settlements, and it holds Members
personally financially responsible, ending the charade of having
taxpayers foot the bill for abuses.
Very, very significantly, the new Office of Employee Advocacy, which
the legislation creates, will provide free legal services to
congressional employees. That is absolutely critical, Mr. Speaker, that
House employees have a dedicated advocate to consult, assist, and to
represent them.
Mr. Speaker, I want to thank Chairman Harper for including my bill,
H.R. 4393, as section 303 of this bill. This section makes clear that
employees of the Helsinki Commission and the China Commission, both of
which I co-chair, are covered by the CAA.
In 2011, Mr. Speaker, an employee, a woman employed by the Commission
on Security and Cooperation in Europe, filed suit making sexual
harassment and workplace retaliation allegations directed to a former
chairman of the commission. When I learned that the woman was being
told--the woman who lodged the complaint--that the CAA did not apply to
her, I immediately, as chairman, changed that policy. I deemed it.
Thankfully, I checked with the House counsel, and I had the full
backing of the House counsel.
I thought it was unconscionable that this person was told not only
did she not have representation, which, again, the Harper bill now
provides, but the CAA itself did not cover her. That was a terrible,
terrible wrong. That will be rectified forever by this legislation.
Mr. Speaker, again, I want to thank Chairman Harper for his
leadership. This is a remarkable bill, an important bill, and will
protect employees from abuse.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, let me thank the ranking member, Mr.
Brady, and acknowledge his longstanding leadership and friendship, and
as well the work that he does with the chairman and for his leadership
as well.
This is a highlight on the floor of the House for the bipartisanship
that it represents, the tone of which we are speaking, even though we
know that this is a matter of urgency and we have seen the telling of
situations that none of us would want to see repeated.
And forgive me for using more of a most recent set of circumstances
just to capture the intensity of the moment, and that is, of course,
the recent trial with a conspicuous and vile sex offender to the 200-
plus young women athletes.
Now, this is not the circumstances here in the House of
Representatives, but I think it captures the intensity of silence,
because those young women had to live or thought that that was what
they were obligated to do because they wanted to achieve greatness in
their field, and they were stopped by the wall of silence and,
therefore, could not find relief. The courts have finally given them
relief, but through an enormity of pain.
I think it is important for the congressional standards to be such
that it sets a wide net across the Nation to be able to ensure that the
wall of silence is broken.
Mr. Speaker, I support H.R. 4924, to amend the Congressional
Accountability Act of 1995 to reform the procedures provided under such
Act for the initiation, investigation, and resolution of claims
alleging that employing offices of the legislative branch have violated
the rights and protections provided to their employees under such Act,
including protection against sexual harassment, and for other purposes.
Mr. Speaker, this bill will provide a broader subpoena authority to
the Office of Compliance, which adjudicates workplace disputes, and as
well it would expand protections in other areas of antidiscrimination.
Let me say that this is a positive statement made by all of us, and I
ask my colleagues to support H.R. 4924.
Mr. Speaker, I rise today to express my support for H.R. 4924, the
``Congressional Accountability Act of 1995 Reform Act,'' legislation to
amend the Congressional Accountability Act (CAA) of 1995 to reform the
procedures provided under such Act for the initiation, investigation,
and resolution of claims alleging that employing offices of the
legislative branch have violated the rights and protections provided to
their employees under such Act, including protections against sexual
harassment, and for other purposes.
Legislative branch employees who allege sexual harassment or other
workplace violations could use an accelerated claims process under H.R.
4924.
The bill would amend the 1995 Congressional Accountability Act (CAA;
Public Law 104-1).
I celebrate and congratulate Jackie Speier and the women members of
Congress who stood up. Thanks again to the Ranking Member and Chairman
of the House Administration Committee.
The amendments include:
Eliminating a requirement for counseling and mediation before a
legislative staffer could file a civil action in a U.S. district court;
Requiring members of Congress to pay for settlements and awards if
they're the alleged offender;
Giving broader subpoena authority to the Office of Compliance (OOC),
which adjudicates workplace disputes for most legislative branch
offices;
Requiring the OOC to publish more information on claims, awards, and
settlement payments and reimbursements from lawmakers;
The measure follows recent accusations that lawmakers sexually
harassed or otherwise mistreated employees.

[[Page H809]]

Some of those cases went through the OOC process and resulted in
resignations and taxpayer-funded settlements.
The OOC approved more than $17 million in awards and settlements from
fiscal 1997 through 2017.
Many of those cases originated outside of member-led congressional
offices and didn't involve alleged sexual harassment.
The House is also slated to consider a separate resolution (H. Res.
724) that would apply only to House offices and employees.
That measure would establish an office to provide House employees
with free legal assistance during the OOC process, and would bar the
Office of Congressional Ethics from investigating an alleged workplace
violation once a staffer files a claim with the OOC.
These comprehensive reforms will provide a positive change of culture
within the Congress, and improve the overall process of both preventing
and reporting any harassment in the future.
The CAA requires congressional and other legislative offices, such as
the Congressional Budget Office, to comply with about a dozen workplace
protections that apply to private-sector and executive branch
employees.
For instance, the 1964 Civil Rights Act bars discrimination based on
factors such as race, religion, and sex.
The Supreme Court has held that the law also prohibits sexual
harassment in the workplace.
Some CAA provisions don't apply to offices such as the Library of
Congress (LOC), whose employees are covered by other laws and
procedures.
To seek relief for certain workplace violations specified in the CAA,
a legislative employee must go through a multistep OOC process.
Within 180 days of an alleged violation, the employee must bring it
to the attention of the OOC to initiate a 30-day counseling phase and
be informed of his or her rights.
The OOC doesn't notify the employing office unless the employee
waives confidentiality.
An employee can participate by phone and be represented by someone
else.
If a claim isn't resolved during the counseling phase and the
employee wishes to keep pursuing it, he or she must file a request for
mediation, which lasts at least 30 days and can be extended for an
additional period.
Materials prepared for mediation are kept confidential, though an
employee can still discuss the allegations publicly, according to
December 2017 testimony from OOC Executive Director Susan Tsui
Grundmann.
If a resolution can't be reached through mediation, the employee can
file a confidential administrative complaint with the OOC or a public
civil action in a U.S. district court.
Either filing has to be made within 90 days after mediation ends,
though the employee must wait at least 30 days during a ``cooling off''
period.
OOC-appointed hearing officers are authorized to issue subpoenas to
investigate the allegations.
An employee can appeal a hearing officer's decision to the OOC board
and then to the U.S. Court of Appeals for the Federal Circuit.
For most legislative branch offices, including congressional offices,
settlements are paid from an account in the Treasury general fund.
The bill would still require employees to file a claim with the OOC
within 180 days of an alleged violation. The measure, however, would
allow an employee to file a civil action in a U.S. district court
within 45 days, which would end the OOC investigation.
Otherwise, the matter would go through a revised OOC process.
At the outset, the OOC would inform the employee of his or her rights
and notify the head of the employing office.
Employees could also contact the OOC before filing a claim to learn
about their rights.
The OOC general counsel's investigative authority is limited to
certain types of claims, such as alleged violations of the Occupational
Safety and Health Act.
The bill would expand that authority to cover a wider range of
claims, including alleged discrimination or harassment under the Civil
Rights Act.
The general counsel could issue subpoenas regardless of whether a
party requests one.
The bill would express the sense of Congress that subpoenas should be
issued only if other methods are insufficient.
The general counsel would have to finish the investigation within 120
days.
The OOC would have to conduct an administrative hearing if the
general counsel finds reasonable cause to believe there was a
violation, or if the general counsel is unable to make a determination.
If the general counsel finds no reasonable cause to believe a
violation occurred, the employee would be notified that he or she could
still file a civil action within 90 days.
The general counsel could also recommend mediation, and the parties
could file a joint request for mediation at any time.
The bill would allow an employee to request mediation meetings in
which the parties are separated.
Any investigative reports concerning allegations of discrimination or
retaliation by members of Congress would be referred to the House and
Senate Ethics committees.
The OOC would also refer claims to the committees if there's a final
disposition--such as a settlement or final decision by the OOC or a
court--in a case involving a lawmaker or a senior staffer.
The bill would require current and former members of Congress to
reimburse the government if an employee receives an award or settlement
for the member's alleged act of discrimination or retaliation.
Funds could be withheld from the member's salary or retirement
account if he or she doesn't meet payment deadlines specified in the
bill.
The OOC would have to notify members as soon as a claim is filed that
they may be required to provide reimbursement.
The member could intervene in a mediation, hearing, or civil action
to contest an award or settlement, though the employee who filed the
claim couldn't be subject to an additional deposition.
Non-congressional legislative offices would also have to reimburse
the government for certain award or settlement payments.
The filing and investigation of a claim would be kept confidential,
though an employee or employing office could disclose claim information
during a proceeding.
The bill would also clarify that information discussed or disclosed
during mediation would remain confidential, without barring the parties
from talking about the underlying allegations.
An office could allow an employee to work remotely or grant the
employee a paid leave of absence while a claim is pending.
The provisions wouldn't override the terms of a collective bargaining
agreement for the office.
The bill would rename the OOC as the ``Office of Congressional
Workplace Rights'' and make other changes to the office.
The office publishes annual reports with statistics on employee
contacts with the office, the basis of their claims, and the results of
proceedings.
The bill would require the office to publish semiannual reports
listing each award and settlement in the previous year related to a
wide range of CAA workplace claims if the money comes from the Treasury
account.
The reports would have to specify the employing offices, award
amounts, and alleged violations.
They would also have to indicate whether members of Congress made
reimbursements resulting from cases of alleged discrimination.
Reports couldn't include the names or positions of employees who
filed a claim.
Within 30 days of the bill's enactment, the office would have to
publish a report on all previous payments related specifically to
discrimination claims if the payment involved any public funds.
That report would have to indicate the amount paid and the source of
public funds, including a House or Senate office account, though it
couldn't identify the specific office.
The OOC would also have to establish an electronic system to receive
and keep track of claims, and use the system to provide Congress with
semiannual reports on the time required to resolve claims.
The OOC would collect information from employing offices, including
the Library of Congress, every two years on their workplace environment
and attitudes regarding sexual harassment.
All responses would be anonymous and confidential.
The OOC would consult with Congress on survey procedures and
methodologies and share the survey results.
The office would have to create a program to permanently retain
records of investigations, mediations, hearings, and other proceedings.
The Government Accountability Office would report to Congress on OOC
management practices and cybersecurity.
The bill would expand certain protections--including
antidiscrimination provisions--to cover employees at the LOC, as well
as unpaid legislative branch interns, detailees, and fellows.
Because of these clarifications and expanded protections included in
H.R. 4924, I stand in support of this bill and urge my colleagues to
join me.
Mr. HARPER. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Lance).
Mr. LANCE. Mr. Speaker, as a member of the House Ethics Committee, I
rise in strong support of this legislation and resolution combating the
scourge of sexual harassment.
I commend the leadership of Chairman Harper and of Representative
Jackie Speier, a national leader on this issue for many years.
From this day forward, if a lawmaker commits an act of sexual
harassment

[[Page H810]]

and breaks the trust of the people, that information will be made
public and taxpayers will not foot the bill.
I am pleased that this legislation mirrors my bill that would
increase governmental transparency and accountability concerning
taxpayer-financed harassment settlements in Congress.
The people who come forward to serve this country, particularly young
people, need to know that protections are in place and that offenders,
no matter how powerful, will face accountability.
Congress must be an exemplar for the Nation on this important issue,
and I encourage other institutions in this country--business, labor,
Hollywood, and the press--to examine their own practices to ensure a
safe workplace.
Mr. Speaker, now is the time for action and results.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, this is an important day for the House of
Representatives. Republicans and Democrats from all different parts of
the country have come together to make meaningful change in how
Congress operates.
As I conclude, I would like to thank the staff that worked so hard on
this, especially Kim Betz, Molly Fishman, and Miriam Goldstein; and
members of my staff, Teri Morgan and Jamie Fleet, my staff director.
Mr. Speaker, I thank Chairman Harper for his leadership, and I urge
my colleagues to support this legislation before us now.
Mr. Speaker, I yield back the balance of my time.
Mr. HARPER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is a historic moment for the House of
Representatives, and I, too, want to thank Kim Betz for her hard work
on our staff; as well as Jamie Fleet, the staff director; and
particularly I want to give a special thanks to Jackie Speier and
Bradley Byrne for the many hours they have spent working through this
process for us.
Mr. Speaker, this makes historic and important steps in the House of
Representatives. It brings us a step closer to achieving our goal of
creating effective and safe work environments--environments that are
safe, productive, collegial, and, most importantly, responsive to the
needs of our constituents and the public.

{time} 1230

There is no place like the House of Representatives. This should be,
for every employee, the most special place that they will ever work.
I urge my colleagues to support H.R. 4924.
Mr. Speaker, I yield back the balance of my time.
Mr. HARPER. Mr. Speaker, I would like to discuss the background and
need for this legislation.
Accounts of sexual harassment revealed in the private sector last
fall prompted former and current Members of Congress as well as
congressional staff to disclose accounts of sexual harassment in
Congress. Moreover, current and former Members and staff were critical
of Congress' policies and procedures responding to sexual harassment
claims. Criticism included, but was not limited to, the lack of
awareness regarding sexual harassment generally in Congressional
offices, the lack of mandatory sexual harassment awareness training;
the lack of support provided to victims of sexual harassment, and the
ineffectiveness of certain aspects of the dispute resolution process
set out under the Congressional Accountability Act of 1995 (CAA) as it
related to sexual harassment. Reports about the use of taxpayer dollars
to settle sexual harassment claims in the past raised additional
concerns about the lack of transparency in the process. The accounts of
sexual harassment and criticism of the process revealed that it was not
only timely, but important Congress review the employment and workplace
policies and processes included in the CAA as well as those policies
internal to House offices.
To that end, on November 3, 2017, the Speaker of the House of
Representatives tasked the Committee on House Administration
(Committee) to conduct a review of the ``existing training, policies,
and mechanisms to guard against and report sexual harassment.'' The
Speaker further ``instructed the Committee to be as thorough as
possible,'' and to incorporate Member ideas and feedback.
The Committee responded and its review was methodical. On November
14, 2017, the Committee held its first hearing titled ``Preventing
Sexual Harassment in the Congressional Workplace.'' The hearing
identified: (1) the gaps in the House's training, policies, and
procedures; and (2) solutions to address the gaps. Testifying at the
hearing were Representatives Jackie Speier and Bradley Byrne in
addition to Barbara Childs Wallace, Chair, Board of Directors, Office
of Compliance; and Gloria Lett, Counsel, Office of House Employment
Counsel. The witnesses were unified in their recommendation the House
should implement a mandatory training program.
On November 29, 2017, the House of Representatives responded to the
calls for mandatory training by passing H. Res. 630. H. Res. 630
requires all House employees, including interns, fellows, and
detailees, to participate in a mandatory annual training program. In
addition, the resolution required all House offices to post a statement
of employee rights and protections under the Congressional
Accountability Act of 1995 (CAA). The resolution also required the
Committee to promulgate regulations within 30 days to implement the
House of Representatives' training and education program, which it did
on December 19, 2017. Mandatory training will begin on April 2, 2018.
On December 7, 2017, the Committee held a second hearing focused on
the CAA and the need to reform certain provisions to ensure the
adjudication process contemplated by the CAA protects the rights of all
parties to the proceedings. The Committee took testimony from four
experts, including Victoria Lipnic, Acting Chair, Equal Employment
Opportunity Commission; Susan Grundmann, Executive Director, Office of
Compliance; Gloria Lett, Counsel, Office of House Counsel; and Dan
Crowley, former General Counsel, Committee on House Administration.
The Committee also held a roundtable discussion with organizations
reflecting the interests of both employees and employers to discuss
best practices in preventing harassment and discrimination in the
workplace. In addition, stakeholders discussed potential reforms to the
CAA's dispute resolution process to protect employers and employees.
Congress passed the CAA in 1995 to bring Congress, the Architect of
the Capitol, the U.S. Capitol Police, the Office of Congressional
Accessibility Services, the Congressional Budget Office, the Office of
Attending Physician, and the Office of Compliance under the same
employment and workplace safety laws and standards as the federal
government and the private sector. The CAA incorporates the
prohibitions against discrimination contained in Title VII of the 1964
Civil Rights Act (42 U.S.C. 2000e et seq.). In addition to
incorporating employment and safety laws, the CAA establishes the
adjudication process for resolving claims filed under the CAA. For
discrimination claims, the adjudication process includes counseling,
mediation, and either an administrative hearing overseen by the OOC or
proceeding to federal court.
In addition to the dispute resolution process, the CAA authorizes
remedies for successful claims of discrimination, including sex
discrimination and harassment. The remedies are similar to those
available under Title VII, with the exception of punitive damages.
Successful claims under the CAA are paid from an account within the
Department of Treasury of the United States authorized for the payment
of awards and settlements under the CAA. Rule X of House Rules
specifies that employing offices of the House may only enter into
settlements providing for the payment of claims filed under the CAA
only after receiving the approval of the Chair and Ranking Member of
the Committee.
The CAA established the Office of Compliance (OOC) as the independent
non-partisan agency to implement the adjudication process for claims
filed under the CAA. The OOC is responsible for, among other things, to
compile and publish statistics ``on the use of the Office by covered
employees, including the number and type of contact made with the
Office, on the reason for such contacts, on the number of covered
employees who initiated proceedings with the Office under this chapter
and the result of such proceedings and on the number of covered
employees who filed a complaint, the basis for the complaint, and the
action taken on the complaint.''
The CAA has not been comprehensively examined since its passage in
1995. The Committee's review revealed frustration and criticism of the
initial stages of adjudication process as it related to sexual
harassment claims; concerns with OOC's management policies, including
its record management, and the need for additional reporting by the OOC
beyond its current statutory obligations. Relatedly, the Committee
believes there should be greater transparency around the use of the
Settlement and Award account authorized under section 1415 for section
201(a) and 207 claims for discrimination and retaliation. Furthermore,
the Committee believes in cases of harassment and discrimination where
a Member of Congress' conduct is intentional, reimbursement to the
Treasury account should be

[[Page H811]]

required. To that end, the Committee recommends the reforms contained
in H.R. 4924 to ensure the CAA's future effectiveness in preventing
discrimination and harassment in the Congressional Workplace and
adjudicating claims in a fair and expeditious manner.
The Committee found the current requirements for counseling and
mediation to be ineffective and burdensome. Specifically, the Committee
took testimony revealing the ``counseling phase'' was not counseling
but more akin to claim intake. The Committee further found the mandated
30-day counseling period to be unnecessary. The Committee recommends
eliminating the counseling phase altogether and replacing it with a
more simplistic process. Under H.R. 4924, proceedings set out under
section 1401 are initiated as soon as a claim is filed. Relatedly, the
Committee heard concerns about frivolous claims being filed under the
CAA and potential abuses of the adjudication process. The Committee
recommends strengthening the requirements for filing a claim under the
CAA as well as imposing standards and responsibilities on all attorneys
involved in a CAA proceeding similar to those found in Rule 11 of the
Federal Rules of Civil Procedure. H.R. 4924 requires claims filed under
the CAA to be in writing and under oath. Moreover, attorneys involved
in a CAA proceeding must ensure all filings with the OOC are made in a
manner consistent with their ethical obligations in federal court.
In addition to concerns about the counseling phase, the Committee
heard testimony criticizing mandatory mediation. The Committee agrees
the mandate only prolongs a proceeding--particularly in cases where one
party does not want to settle. The Committee recommends making
mediation available when both parties agree that it is in their joint
interest.
Apart from the reforms to counseling and mediation, the Committee
recommends granting investigative authority to the OOC General Counsel.
The Committee supports incorporating a similar investigative process as
is currently conducted by the Equal Employment Opportunity Commission
(EEOC) in the private sector and executive branch. Given the OOC
General Counsel already has investigative authority under the CAA in
certain other claims, the Committee recommends extending limited
investigative authority to claims, including those of discrimination
and harassment. The Committee believes investigations early on will
help facilitate the resolution of cases. The Committee further believes
the OOC General Counsel should have limited subpoena authority during
its investigation. However, this authority should not be construed to
be any broader than the authority granted to hearing officers pursuant
to section 1405(f). Further, as noted in the text of H.R. 4924, the
Committee believes subpoenas should only be issued as a last resort and
primarily to keep the investigation on schedule.
As noted above, during the Committee's review, reports surfaced of
settlements of sexual harassment claims involving taxpayer dollars,
including the use of the Member Representational Allowance (MRA). The
Committee heard from Members, constituents and the public that taxpayer
dollars should not be available to settle claims of sexual harassment.
While the Committee agrees, it recognizes victims need to be made
whole. Not victims a second time.
To that end, H.R. 4924 requires a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress), a Senator, or a former Member of the House of
Representatives or Senator to reimburse the Department of Treasury
account authorized under section 1415 for certain settlements and
awards. H.R. 4924 sets out a structure to compel reimbursement if
voluntary reimbursement is not made.
The Committee is mindful that personal liability for employment law
claims does not exist in federal law and has worked to strike a balance
between protecting taxpayers from being responsible for bad actions
conducted by elected officials, protecting the due process rights of
those accused, and not making the provision so broad as to discourage
the settlement of meritorious claims.
With this in mind, the Committee intends the reimbursement obligation
to be triggered only when three conditions are met: (1) the claimant
alleges (and, unless the claim is settled, ultimately proved to the
trier of fact) that the Member or Senator personally engaged in an
intentional act of harassment, discrimination, or retaliation with
animus covered by section (d)(1)(B); (2) the alleged act resulted in a
settlement or award for the claimant; and (3) payment is made from the
section 1415 account to compensate the claimant for the specific claim
requiring reimbursement under this section. If in contention, the trier
of fact should make an express finding, separate from the underlying
claim, that the Member or Senator engaged in an intentional act of
harassment, discrimination, or retaliation covered by section (d)(1)(B)
with animus.
A reimbursement obligation is not triggered if the claimant does not
allege an intentional act of harassment or discrimination or
retaliation committed by a Member or Senator with animus and covered by
this section. For example, the Committee does not intend the
reimbursement obligation to be triggered if an act of discrimination or
harassment was alleged against a supervising employee of a
congressional office, such as the chief of staff. The provision would
also not apply in the case of an omission, such as a failure to
properly supervise an employee with hiring authority. The provision
would not apply in the case of a disparate impact or other theory of
unintentional discrimination. The provision would not be triggered if
the claimant alleges a violation occurred but does not name a Member or
Senator as the individual who committed an act leading to the
violation. In the case of a discrimination claim, the provision would
not apply if there was no discriminatory animus on the part of the
Member or Senator.
Concerned with its day-to-day management, Congress requested the
Government Accountability Office (GAO) to audit OOC in 2004. The
Committee has similar concerns today. H.R. 4924 directs the Government
Accountability Office to update its 2004 review of OOC's management
practices. In addition to its management operations, the Committee is
also concerned with the lack of record retention policies adopted by
OOC. H.R. 4924 requires OOC to establish a permanent record retention
program to ensure that general questions about OOC case management may
be answered in a timely manner.
Relatedly, the Committee's review brought to light the use of the
Department of Treasury account established in Section 1415 to pay for
the settlement of claims including claims of sexual harassment. In
addition to settlements and awards constructed under the CAA, it was
brought to the Committee's attention that the Member Representational
Allowance (MRA) was used to settle claims of sexual harassment,
including for claims filed under the CAA. While not specifically
prohibited by statute or by the Committee's Member Handbook, the use of
the MRA for these purposes is of concern and is addressed in separate
legislation.
The Committee is concerned with the use of taxpayer dollars to settle
claims, particularly for claims of discrimination and harassment. H.R.
4924 directs the OOC to report within 30 days on all settlements and
awards under the CAA in which public funds were used over the last 20
years. This includes any House or Senate account. The OOC is directed
to identify the claim, the award or settlement and the source of
funding. In putting together its report, the OOC should take care not
to disclose any identifying information about any party to a legally
binding agreement or proceeding who has an expectation of privacy. The
Committee understands there may be victims to agreements which may be
unenforceable. To that end, the Committee recommends working with the
new Office of Employee Advocacy authorized in separate legislation.

Notwithstanding OOC's responsibility to issue its comprehensive
report looking backward, H.R. 4924 directs the OOC to report to
Congress every six months on the payment of awards and settlements for
claims filed under Part A, title II of the CAA, the name of the
employing office, the amount of the award or settlement, and in cases
where a Member or Senator is responsible for reimbursement--whether the
Member is in compliance with the reimbursement obligation.
Notwithstanding its new reporting requirements, the Committee takes
this opportunity to clarify its expectation of OOC's current reporting
requirements. The Committee encourages the OOC to include in its
existing reporting the following: (1) number of Complaints listed by
their protected categories under the CAA (ie. race, sex, national
origin, religion, disability, age) as opposed to title VII; (2) summary
of general information requests listed by the groups of people
contacting the OOC (ie. number of covered employees, number of public
inquiries, media, union, employing offices); (3) the specific
information requested by protected category for issues under section
201 and 207 (race/color, sex/gender, disability, age, national origin,
retaliation, religion); (4) the number of requests for counseling and
mediation broken down by their protected classes; and (5) workplace
issues raised with the OOC (ADA, compensation, demotion, disparate
treatment, equal pay, harassment/hostile work environment, promotion,
overtime, etc).
Mr. Speaker, I include in the Record a section-by-section analysis of
this legislation:

Section-by-Section of the Legislation

Title I--Reform of Dispute Resolution Procedures

Subtitle A--Reform of Procedures for Initiation, Investigations and
Resolution of Claims

Sec. 101 (a). Description of Procedures Available for
Consideration of Alleged Violations. Section 101 sets out the
procedures for initiating, investigating and resolving
alleged violation(s) of Part A, Title II of the Congressional
Accountability Act (CAA). The procedures require a covered
employee to file a claim with the Office of Compliance

[[Page H812]]

(OOC). Once a claim is filed, an investigation is initiated
by the OOC General Counsel. The section specifies at the
conclusion of the investigation, the covered employee may
proceed to a hearing before the OOC hearing officer in two
instances: (1) the investigation results in a finding of
reasonable cause a violation occurred, or (2) the General
Counsel is unable to determine whether reasonable cause
exists on the merits of the claim. The procedures allow for a
covered employee to file in federal court within 45 days of
filing a claim. The decision to file in federal court stops
the investigation and any further ability to seek an
investigation. The section further authorizes a covered
employee to file in federal court within 90 days upon
receiving a right to sue letter from the OOC General Counsel.
Finally, the section specifies that any party may retain
counsel to protect their respective interests. The section
also imposes FRCP Rule 11 obligations on all parties to the
proceedings including OHEC, the new Office of Employee
Advocate and any party that intervenes on behalf of a party.
Sec. 101 (b). Conforming Amendments. The section makes
conforming amendments.
Sec. 102 (a). Reform of Process for Initiation of
Procedures. Section 102 specifies a claim must be filed with
the OOC to initiate the process. The claim must be in writing
and under oath or affirmation. (The bill eliminates mandatory
counseling and mediation). The employing office is notified
once a claim is filed. The section also sets out a special
notification requirement to Members whose conduct is the
focus of a section 201(a) or 207 allegation. The special
notification requirement specifies OOC must notify the Member
of the potential repayment obligation associated with claim
and the opportunity to intervene in the proceedings. The
section directs the OOC to establish an electronic reporting
and tracking system that will be used to report and track
claims. The system will be accessible by both parties, taking
into consideration the covered employee's need for
confidentiality. In addition, the section imposes a reporting
requirement on OOC to provide the Committees of jurisdiction
with semi-annual reports on the effectiveness of the system
to facilitate the resolution of cases. Under section 102, all
claims must be filed within 180 days of alleged violation.
The section reaffirms the ability of a covered employee to:
contact OOC or any other office (i.e. Office of Employee
Advocate) for information; refer a matter to the respective
Committees on Ethics; as well as to file in federal court.
Sec. 103 (a). Investigations of Claims by General Counsel.
Section 103 authorizes the OOC General Counsel to initiate an
investigation of a claim under Part A, Title II once a claim
is filed. The OOC General Counsel has subpoena authority to
compel production of documents and testimony from witnesses
during the pendency of the investigation. The subpoena
authority is consistent with existing subpoena authority held
by the hearing officers under Section 1405(f). Subpoenas may
be enforced in same manner as provided in Section 1405 (f).
The OOC General Counsel is required to make one of three
findings at the end of the investigation: (1) a finding of
reasonable cause that a violation of Part A, Title II
occurred; (2) a finding that there is no reasonable cause to
believe a violation of Part A, Title II occurred; or (3) a
finding indicating the General Counsel cannot determine cause
based on the facts. In the event there is a finding no
reasonable cause exists to believe a violation occurred, the
General Counsel will issue a letter to the covered employee
authorizing their right to sue in federal court. The section
authorizes the General Counsel to transmit the findings to
the parties. With respect to section 201(a) and/or 207 claims
involving Member conduct, the General Counsel is authorized
to transmit the report to the Committees on Ethics. The
section authorizes the General Counsel to recommend mediation
to the parties at any time. The General Counsel has 90 days
to investigate and issue findings. The General Counsel can
extend investigation for an additional 30 days with notice to
the parties.
Sec. 103 (b). Conforming Amendments. This section makes
conforming amendments.
Sec. 104. Availability of Mediation during Investigations.
Section 104 allows the parties to request mediation while the
investigation is proceeding. The request for mediation must
be made by both parties and may be for a period of 30 days.
The parties may jointly agree to extend for another 30 days.
The section allows the parties to be separated during
mediation if requested by the covered employee.

Part B--Other Reforms

Sec. 111. Requiring Members of Congress to Reimburse
Treasury for Amounts Paid as Settlements and Awards in Cases
of Acts Committed Personally by Members. The section requires
Members of Congress (including former Members who were in
office at the time of the allegation) to repay the Settlement
and Award Account authorized under section 1415 of the CAA.
Members are responsible for repayment in cases in which the
allegation of an act or violation under section 201(a)
(discrimination and harassment) and section 207 (retaliation
resulting from a 201(a) violation) involves a Member
personally. The section authorizes the appropriate Committees
to establish a plan to withhold compensation if the account
is not repaid within 90 days. If the account is not repaid
within 180 days, section 111 authorizes the transfer of funds
from the Member's Thrift Savings Plan. The section clarifies
that spouses' rights are not applicable when TSP is accessed.
In the event, the Member is no longer receiving compensation
(i.e. former Member), the section authorizes withholding
annuities and transferring amount to the account. The section
reiterates a Member's right to intervene in his or her
personal capacity during mediation, hearing or civil action
to protect the Member's interest. The section ensures the
covered employee is not unduly burdened in depositions
resulting from the intervention. The Committees on House
Administration and Senate Rules are charged with promulgating
regulations to implement this section.
Sec. 112. Automatic Referral to Congressional Ethics
Committees of allegations involving Members and Senior Staff.
Section 112 authorizes an automatic referral to the House
Committee on Ethics (and Senate Select Committee on Ethics)
with respect to claims filed under section 201(a) (harassment
and discrimination) and/or 207 involving Member and senior
staff conduct. The referral occurs when there is: an order to
pay an award or settlement (including agreements resulting
from mediation outlined in section 104); a final decision of
a hearing officer; a final decision by the Board under
Section 406(e); and a final decision in a civil action. The
section authorizes the Committees on Ethics to have access to
records and information relating to any investigation,
hearing, or settlement. The section prohibits the Committee
on Ethics from releasing the identity or position of an
individual making allegation.
Sec. 113. Availability of Remote Work Assignment or Paid
Leave of Absence during Pendency of Procedures. The section
allows a covered employee to work remotely if requested. If a
covered employee's responsibilities require on-site presence,
an employee may request paid leave. The section prohibits an
employing office from using requests as a method of
retaliation. The section protects any collective bargaining
agreements that are in place.
Sec. 114. Modification of Rules on Confidentiality. The
section makes technical changes to sections 1416(a) and (b)
regarding confidentiality as it relates to filing a claim and
the subsequent investigation as well as information relating
to mediation. The section includes a rule of construction
indicating nothing in the section precludes a covered
employee or employing office from disclosing information
related to a claim.
Sec. 115. Reimbursement by Other Employing Offices of the
Legislative Branch of Payments of Certain Awards and
Settlements. Section 115 requires the Legislative Branch
agencies under the CAA to repay the Settlement and Award
account as result of awards and settlements issued under
section 201(a). Repayment shall be made from the operating
expenses of agency within 180 days. The section directs the
OOC to establish procedures and timetables for repayment.

Title II--Improving Operations of Office of Compliance

Sec. 201. Semiannual Reporting on Allegations, Awards, and
Settlements. In addition to their current reporting
requirements, section 201 requires the OOC to report every
six months of a calendar year to Congress and to publish on
their website the awards and settlements from the previous
year. The report to Congress must include: the employing
office; the provision of Part A, Title II that was the
subject of the allegation or violation; and the amount of the
award or settlement resulting from an allegation or
violation. In cases where the Member is personally
responsible for repayment, the report will identify whether
the Member has complied with repayment obligations. In
addition, the section requires the OOC to submit a report
within 30 days of enactment on all payments made with public
funds, including MRAs, used to settle section 201(a) claims.
The report is to include the amount paid and the source of
funding.
Sec. 202. Workplace Climate Survey. The section directs the
OOC to conduct a climate survey of all employing offices
covered under the CAA regarding the workplace environment
each Congress. The survey will also collect data on sexual
harassment in congressional employment. The section requires
the OOC to ensure all responses to the survey are anonymous
and confidential and to consult with the respective House and
Senate Committees on the survey including collecting and
analyzing data. The section requires OOC to maintain
confidentiality during the process and with the results. The
section directs the survey results to be sent to the
Committees.
Sec. 203. Record Retention. The section requires the OOC to
establish and maintain a permanent recordkeeping program.
Sec. 204. GAO Study of Management Practices. The section
requires the GAO to update its review of the OOC's management
practices and effectiveness within 180 days. The last GAO
study was conducted in 2004.
Sec. 205. GAO Study of Cybersecurity. The section requires
GAO to conduct an audit of the OOC's cyber security systems
and practices within 180 days.

Title III--Miscellaneous Reforms to the CAA

Sec. 301. Extension to Unpaid Staff of Rights and
Protections against Employment Discrimination. The section
extends coverage of the rights and protections established
under the CAA to unpaid interns, fellows and detailees.
Sec. 302. Coverage for Purposes of Protections against
Workplace Discrimination. The

[[Page H813]]

section extends coverage of Part A, Title II of the CAA to
the Library of Congress. The section acknowledges the
existing process utilized by covered employees of the Library
and gives those employees choice of whether to continue to
use the LOC internal grievance procedures if they choose.
Sec. 303. Clarification of Coverage of Employees of
Helsinki and China Commissions. The section extends covered
employee status to employees of the above Commissions. The
section establishes employing office status for the
Commissions, which is contingent on whether the House or
Senate maintains the Chairmanship. Section 303 also sets out
the process for approving the disposition of claims against
the Commissions as employing offices. The section also
extends coverage to the Office of Technology Assistance and
the John C. Stennis Public Service Training and Development
Center.
Sec. 304. Training and Education Programs of Other
Employing Offices. Section 304 directs the legislative branch
agencies to establish programs of training and education for
covered employees on the rights and protections under the
CAA.
Sec. 305. Renaming Office of Compliance as Office of
Congressional Workplace Rights. This section renames OOC as
the Office of Congressional Workplace Rights.

Title IV--Effective Date

Sec. 401. Effective Date. The section specifies the
amendments made in this Act are effective 180 days after
enactment. In addition, the bill specifies that nothing in
the Act or amendment is intended to impact current
proceedings.

Introduction and Referral

On February 5, 2018, Representative Gregg Harper of
Mississippi introduced H.R. 4924, the Congressional
Accountability Act of 1995 Reform Act, which was referred to
the Committee on House Administration.

Hearings

On November 14, 2017 and December 7, 2017, the Committee
held an oversight hearing to review the policies, procedures,
and mechanisms to address sexual harassment in the
Congressional workplace.

Committee Oversight Findings and Recommendations

In compliance with House Rule XIII, clause 3(c)(1), the
Committee states that the findings and recommendations of the
Committee, based on oversight activities under House Rule X,
clause 2(b)(1), are incorporated into the general discussion
section of this report.

Ms. LOFGREN. Mr. Speaker, I rise today in strong support of H.R.
4924, the Congressional Accountability Act of 1995 Reform Act.
This bill would bring much-needed reforms to the process available to
congressional employees for filing workplace complaints and ensure a
more equitable and transparent process.
Under the new process, employees who file a complaint would have the
choice to enter into mediation instead of being required to do so, as
is currently the case. Employees should not be forced into mandatory
mediation, especially with an employer against whom they have raised
allegations of sexual harassment or other types of discrimination. This
bill also eliminates the thirty-day ``cooling off'' period currently
mandated by the CAA.
Filing a workplace complaint can be harrowing for employees, and
having no choice but to face the employer or colleague against whom
they have filed the complaint may deter employees from going through
with it. That is why the protections in this bill from retaliation by
the employing office for requesting remote work or paid leave by an
employee who has a filed a complaint are so important.
Unpaid interns, fellows, and detailees in Congressional offices
should not be more vulnerable to workplace harassment and
discrimination than their congressional staff colleagues. This bill
would extend coverage of the rights and protections established under
the CAA to these groups.
The bill also requires that a climate survey be conducted of all
offices covered by the CAA, each Congress, regarding the workplace
environment, including sexual harassment. Collecting information,
anonymously, from staff will help us determine whether the reforms we
hope in this bill are serving their purpose or if modifications are
needed.
H.R. 4924 is the culmination of bipartisan work on the part of House
Administration Committee Chairman Harper and Ranking Member Brady, and
my fellow members on the Committee, as well as the leadership of my
colleague Rep. Jackie Speier, who has championed the issue of fighting
sexual harassment on the Hill. I want to thank them all for working
collaboratively on this legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Mississippi (Mr. Harper) that the House suspend the
rules and pass the bill, H.R. 4924.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

____________________