[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.

                          ____________________