[Congressional Record Volume 164, Number 86 (Thursday, May 24, 2018)]
[Senate]
[Pages S2899-S2907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 REFORM ACT

  Mr. BLUNT. Mr. President, as in legislative session, I ask unanimous 
consent that the Senate proceed to the immediate consideration of S. 
2952.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2952) to amend the Congressional Accountability 
     Act of 1995 to establish protections against congressional 
     sexual harassment and discrimination, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. BLUNT. I ask unanimous consent that the bill be considered read a 
third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. BLUNT. I know of no further debate on the bill.
  The PRESIDING OFFICER. If there is no further debate, the bill having 
been read the third time, the question is, Shall the bill pass?
  The bill (S. 2952) was passed, as follows:

                                S. 2952

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

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

            TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

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

Sec. 101. Description of procedures available for consideration of 
              alleged violations.

[[Page S2900]]

Sec. 102. Reform of process for initiation of procedures.
Sec. 103. Availability of mediation during process.
Sec. 104. Hearings.

                       Subtitle B--Other Reforms

Sec. 111. Requiring Members of Congress to reimburse treasury for 
              damages paid as settlements and awards for certain 
              violations.
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 option to request remote work assignment or 
              paid leave of absence during pendency of procedures.
Sec. 114. Modification of rules on confidentiality of proceedings.
Sec. 115. Reimbursement by other employing offices of legislative 
              branch of payments of certain awards and settlements.

  TITLE II--IMPROVING OPERATIONS OF OFFICE OF CONGRESSIONAL WORKPLACE 
                                 RIGHTS

Sec. 201. Reports on awards and settlements.
Sec. 202. Workplace climate surveys of employing offices.
Sec. 203. Record retention.
Sec. 204. Confidential Advisor.
Sec. 205. GAO study of management practices.
Sec. 206. GAO audit of cybersecurity.

                    TITLE III--MISCELLANEOUS REFORMS

Sec. 301. Application of Genetic Information Nondiscrimination Act of 
              2008.
Sec. 302. Extension to unpaid staff of rights and protections against 
              employment discrimination.
Sec. 303. Provisions relating to instrumentalities.
Sec. 304. Notices.
Sec. 305. Clarification of coverage of employees of Stennis Center and 
              Helsinki and China Commissions.
Sec. 306. Training and education programs of other employing offices.
Sec. 307. Support for out-of-area covered employees.
Sec. 308. Renaming Office of Compliance as Office of Congressional 
              Workplace Rights.

                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

            TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

   Subtitle A--Reform of Procedures for Initiation 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 of Claims.--Except as otherwise provided in 
     this Act, the procedure for consideration of an alleged 
     violation of part A of title II consists of--
       ``(1) notification of intent to file, and filing of, a 
     claim by the covered employee alleging the violation, as 
     provided in section 402, which may be followed, as described 
     in section 403(a), with mediation under section 403; and
       ``(2) an election of proceeding, as provided in this 
     section, of--
       ``(A) a formal hearing as provided in section 405, subject 
     to Board review as provided in section 406, and judicial 
     review in the United States Court of Appeals for the Federal 
     Circuit as provided in section 407;
       ``(B) a civil action in a district court of the United 
     States as provided in section 408; or
       ``(C) in the case of a Library claimant (as defined in 
     subsection (d)(1)), a proceeding described in subsection 
     (d)(2) that relates to the violation at issue.
       ``(b) Election of Formal Hearing or Civil Action.--
       ``(1) In general.--A covered employee who seeks to make--
       ``(A) the election described in subsection (a)(2)(A) shall 
     file the request for the formal hearing as provided in 
     section 405(a)(1), by the deadline described in paragraph 
     (2); or
       ``(B) the election described in subsection (a)(2)(B) shall 
     file the civil action as provided in section 408, by the 
     deadline described in paragraph (2).
       ``(2) Deadline for election.--The deadline described in 
     this paragraph shall be 90 days after the later of--
       ``(A) the date on which either party opts out of mediation 
     under section 402(c); or
       ``(B) the end of the period of mediation under section 
     403(c).
       ``(3) Effect of election.--If the covered employee--
       ``(A) elects to file a request for a formal hearing as 
     provided in section 405(a), the procedure for consideration 
     of the claim shall not include a civil action or other 
     proceeding described in subparagraph (B) or (C) of subsection 
     (a)(2); or
       ``(B) elects to file a civil action as provided in section 
     408(a), the procedure for consideration of the claim shall 
     not include any formal hearing, review, or other proceeding 
     described in subparagraph (A) or (C) of subsection (a)(2).
       ``(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, for a specific period of 
     time, the grievance procedures of the Architect of the 
     Capitol or the Capitol Police for resolution of the 
     employee's grievance. If the grievance procedures do not 
     resolve the grievance, the employee may resume the procedure 
     described in subsection (a), starting with section 403, 
     except that the deadline for opting out of mediation under 
     that section shall be 10 business days after the last day of 
     the grievance procedures.
       ``(d) Election of Remedies for Library of Congress.--
       ``(1) Definitions.--In this subsection:
       ``(A) Direct act.--The term `direct Act' means an Act 
     (other than this Act), or provision of the Revised Statutes, 
     that is specified in section 201, 202, or 203.
       ``(B) Direct provision.--The term `direct provision' means 
     a provision (including a definitional provision) of a direct 
     Act that applies the rights or protections of a direct Act 
     (including rights and protections relating to nonretaliation 
     or noncoercion) to a Library claimant.
       ``(C) Library claimant.--The term `Library claimant' means, 
     with respect to a direct provision, an employee of the 
     Library of Congress who is covered by that direct provision.
       ``(2) Election after proceedings initially brought under 
     this act.--A Library claimant who initially files a claim for 
     an alleged violation as provided in section 402 may, instead 
     of proceeding with the claim in accordance with sections 403 
     (if applicable) and 405 or filing a civil action in 
     accordance with section 408, during the period described in 
     subsection (b)(2) but before the Office commences a formal 
     hearing under section 405, elect to bring the claim for a 
     proceeding before the corresponding Federal agency, under the 
     corresponding direct provision.
       ``(3) Election after proceedings initially brought under 
     other civil rights or labor law.--A Library claimant who 
     initially brings a claim, complaint, or charge under a direct 
     provision for a proceeding before a Federal agency may, prior 
     to requesting a hearing under the agency's procedures, elect 
     to--
       ``(A) continue with the agency's procedures and preserve 
     the option (if any) to bring any civil action relating to the 
     claim, complaint, or charge, that is available to the Library 
     claimant; or
       ``(B) file a claim with the Office under section 402, make 
     an election under subparagraph (A) or (B) of section 
     401(a)(2), and continue with the corresponding procedures of 
     this subtitle.
       ``(4) Application.--This subsection shall take effect and 
     shall apply as described in section 153(c) of the Legislative 
     Branch Appropriations Act, 2018 (Public Law 115-141) (except 
     to the extent such section applies to any violation of 
     section 210 or a provision of an Act specified in section 
     210).
       ``(e) Rights of Individuals To Retain Private Counsel.--
     Nothing in this Act may be construed to limit the authority 
     of any particular individual, including a covered employee, 
     the head of an employing office, or an individual who has a 
     right to intervene under section 415(d)(6), to retain private 
     counsel to protect the interests of the particular individual 
     at any point during any of the procedures provided under this 
     Act for the consideration of an alleged violation of part A 
     of title II, including procedures described in section 
     415(d)(6).
       ``(f) Standards for Designated Representatives or 
     Unrepresented Parties.--
       ``(1) Standards.--Each designated representative of a 
     party, and unrepresented party, participating in any of the 
     procedures (including proceedings) provided under this Act 
     shall have an obligation to ensure that, to the best of that 
     designated representative or unrepresented party's knowledge, 
     information, and belief, as formed after an inquiry which is 
     reasonable under the circumstances, each of the following is 
     correct:
       ``(A) 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.
       ``(B) The claims, defenses, and other legal contentions the 
     designated representative or unrepresented party advocates 
     are warranted by existing law or by a nonfrivolous argument 
     for extending, modifying, or reversing existing law or for 
     establishing new law.
       ``(C) The factual contentions have evidentiary support or, 
     if specifically so identified, will likely have evidentiary 
     support after a reasonable opportunity for discovery.
       ``(D) 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.
       ``(2) Sanctions.--
       ``(A) In general.--If a decisionmaker described in 
     subparagraph (B) determines that a designated representative 
     of a party, or unrepresented party, has failed to comply with 
     the standards specified in paragraph (1), then that 
     decisionmaker may impose appropriate sanctions.
       ``(B) Decisionmaker.--A decisionmaker described in 
     subparagraph (A) is--
       ``(i) a hearing officer or mediator chosen from the list 
     specified in section 405(c)(2), who is not serving as a 
     hearing officer or mediator to resolve any claim filed under 
     section 402 that is associated with--

[[Page S2901]]

       ``(I) the designated representative or unrepresented party; 
     or
       ``(II) an individual identified in claim.''.

       (b) Conforming Amendment Relating to Civil Action.--Section 
     408(a) (2 U.S.C. 1408(a)) is amended--
       (1) by striking ``section 404'' and inserting ``section 
     401'';
       (2) by striking ``who has completed counseling under 
     section 402 and mediation under section 403'' and inserting 
     ``who filed a timely claim under section 402, elected to file 
     a civil action under section 401(a)(2)(B), and made a timely 
     filing under this section as described in section 401(b)''; 
     and
       (3) by striking the second sentence.
       (c) Other Conforming Amendments.--Title IV is amended by 
     striking section 404 (2 U.S.C. 1404).
       (d) Clerical Amendments.--The table of contents is amended 
     by striking the item 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.--
       ``(1) Notification of intent to file.--To commence a 
     proceeding under this title, a covered employee alleging a 
     violation of law made applicable under part A of title II 
     shall notify the Office of intent to file a claim with the 
     Office.
       ``(2) Information.--On receiving a notification under 
     paragraph (1), the Office shall provide to the covered 
     employee all relevant information with respect to the 
     employee's and the employing office's rights under this Act, 
     the process for filing the claim, and the option for the 
     employee to elect, if the employee so chooses, to file a 
     civil action regarding the alleged violation. The Office 
     shall discuss the information and covered employee's claim 
     with the covered employee. The Office shall initiate the 
     procedures described in this paragraph on the date of the 
     notification.
       ``(3) Filing.--Upon providing the notification described in 
     paragraph (1), and not later than the expiration of the 180-
     day period in subsection (e), the covered employee may file 
     the claim. The claim shall be made in writing under oath or 
     affirmation, shall describe the facts that form the basis of 
     the claim and the violation that is being alleged, shall 
     identify the employing office alleged to have committed the 
     violation or in which the violation is alleged to have 
     occurred, and shall be in such form as the Office requires.
       ``(b) Initial Processing of Claim.--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 and shall transmit a copy 
     of the claim to the head of the employing office not later 
     than 3 business days after the date on which the claim is 
     filed.
       ``(c) Mediation.--
       ``(1) Notification of right to opt out of mediation.--
       ``(A) Covered employee.--Upon receipt of a claim, the 
     Office shall notify the covered employee about the process 
     for mediation under section 403, the right to opt out of the 
     mediation, and the deadline for opting out of the mediation.
       ``(B) Employing office.--Upon transmission to the employing 
     office of the claim pursuant to subsection (b), the Office 
     shall notify the employing office about the process for 
     mediation under section 403, the right to opt out of the 
     mediation, and the deadline for opting out of the mediation.
       ``(2) Deadline to opt out of mediation.--Either party may 
     opt out of the mediation. The deadline for opting out shall 
     be 10 business days after the date on which the claim that 
     would be the subject of the mediation is filed.
       ``(d) Use of Electronic Reporting and Tracking System.--
       ``(1) Establishment and operation of system.--The Office 
     shall establish and operate an electronic reporting and 
     tracking 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 semiannual reports on 
     such assessments each year to the Committee on House 
     Administration and the Committee on Appropriations of the 
     House of Representatives and the Committee on Rules and 
     Administration and the Committee on Appropriations of the 
     Senate.
       ``(e) 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. The Office 
     shall not accept a claim that does not meet the requirements 
     of this subsection.
       ``(f) 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 title to seek information 
     regarding the employee's rights under this Act and the 
     procedures available under this Act; or
       ``(2) in the case of a covered employee of an employing 
     office described in subparagraph (A), (B), or (C) of section 
     101(9), 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).''.
       (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. AVAILABILITY OF MEDIATION DURING PROCESS.

       (a) Availability of Mediation.--Section 403(a) (2 U.S.C. 
     1403(a)) is amended to read as follows:
       ``(a) Availability of Mediation.--
       ``(1) In general.--Unless the covered employee who filed a 
     claim under section 402 or the employing office named in the 
     claim opts out of mediation by the deadline described in 
     section 402(c)(2), the Office shall promptly assign a 
     mediator to the claim, and conduct such mediation under this 
     section.
       ``(2) Impact of decision.--A decision by a party to engage 
     in or opt out of mediation as provided in this Act shall not 
     be used for or against the party in any proceeding under this 
     Act.''.
       (b) Requiring Parties To Be Separated During Mediation at 
     Request of Employee.--Section 403(b)(2) (2 U.S.C. 1403(b)(2)) 
     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,''.
       (c) Period of Mediation.--Section 403(c) (2 U.S.C. 1403(c)) 
     is amended--
       (1) in the first sentence, by striking ``beginning on the 
     date the request for mediation is received'' and inserting 
     ``beginning on the first day after the deadline described in 
     section 402(c)(2)''; and
       (2) by striking the second sentence and inserting ``The 
     mediation period may be extended for one additional period of 
     30 days at the joint request of the covered employee and 
     employing office.''.

     SEC. 104. HEARINGS.

       (a) Hearings Commenced by Office of Congressional Workplace 
     Rights.--Section 405 (2 U.S.C. 1405) is amended as follows:
       (1) In the heading, by striking ``complaint and''.
       (2) By amending subsection (a) to read as follows:
       ``(a) Requirement for Hearings To Commence in Office.--
       ``(1) Hearing required upon request.--If a covered employee 
     elects to file a request for a hearing under this section by 
     the deadline described in paragraph (2), the Executive 
     Director shall appoint an independent hearing officer 
     pursuant to subsection (c) to consider the claim and render a 
     decision, and a hearing shall be commenced in the Office.
       ``(2) Deadline for requesting hearing.--The deadline 
     described in this paragraph shall be 90 days after the later 
     of--
       ``(A) the date on which either party opts out of mediation 
     under section 402(c); or
       ``(B) the end of the period of mediation under section 
     403(c).
       ``(3) Effect of filing civil action.--Notwithstanding 
     paragraph (1), if the covered employee files a civil action 
     as provided in section 408 with respect to a complaint, the 
     provisions of section 401(b)(3)(B) shall apply with regard to 
     a hearing under this section.''.
       (3) In subsection (b), by striking ``dismiss any claim'' 
     and inserting ``dismiss any cause of action within a claim''.
       (4) In subsection (c)(1), by striking ``Upon the filing of 
     a complaint'' and inserting ``Upon receipt of a request for a 
     hearing in accordance with subsection (a)''.
       (5) In subsection (d), in the matter preceding paragraph 
     (1), by striking ``complaint'' and inserting ``claim''.
       (6) In subsection (g), by striking ``complaint'' and 
     inserting ``claim''.
       (b) Additional Time to Commence a Hearing Before a Hearing 
     Officer.--Section 405(d) (2 U.S.C. 1405(d)), as amended by 
     subsection (a), is further amended by striking paragraph (2) 
     and inserting the following:
       ``(2) commenced no later than 90 days after the Executive 
     Director receives a request filed under subsection (a), 
     except that, upon mutual agreement of the parties or for good 
     cause, the Office shall extend the time for commencing a 
     hearing for not more than an additional 30 days; and''.
       (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(d), is further amended as follows:
       (1) By amending the item relating to section 405 to read as 
     follows:

``Sec. 405. Hearing.''.

       (2) By amending the item relating to section 414 to read as 
     follows:

``Sec. 414. Settlement.''.

[[Page S2902]]

  


                       Subtitle B--Other Reforms

     SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY 
                   FOR DAMAGES PAID AS SETTLEMENTS AND AWARDS FOR 
                   CERTAIN VIOLATIONS.

       (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 for Damages 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 (D) perpetrated directly against a covered 
     employee by an individual who, at the time of committing the 
     violation, was a Member of the House of Representatives 
     (including a Delegate or Resident Commissioner to the 
     Congress) or a Senator, that individual who committed the 
     violation shall reimburse the account for the amount of 
     compensatory damages included in the award or settlement 
     attributable to that violation.
       ``(B) Separate finding required in case of award or 
     settlement.--Personal liability or a reimbursement 
     requirement may not be imposed on an individual under this 
     subsection unless the hearing officer, the court, or the 
     corresponding committee described in section 416(e)(1) (as 
     the case may be) makes a finding, separate from the finding 
     on the underlying claim, that the individual perpetrated a 
     violation requiring reimbursement under this subsection.
       ``(C) Multiple claims.--If an award or settlement is made 
     for multiple claims, some of which do not require 
     reimbursement under this subsection, the Member or Senator 
     shall only be required to reimburse for the amount of 
     compensatory damages included in the portion of the award or 
     settlement attributable to a claim requiring reimbursement.
       ``(D) Violation described.--A violation described in this 
     subparagraph is--
       ``(i) unwelcome harassment by an individual described in 
     subparagraph (A) on any basis protected by section 201(a) or 
     206(a) that has the purpose or effect of unreasonably 
     interfering, and is sufficiently severe or pervasive to 
     unreasonably interfere, with a covered employee's work 
     performance or create an intimidating, hostile, or offensive 
     working environment; or
       ``(ii) in the case of a violation of section 201(a) on the 
     basis of sex, conduct by an individual described in 
     subparagraph (A) that is an unwelcome sexual advance or 
     request for sexual favors, when--

       ``(I) submission to such conduct is made either explicitly 
     or implicitly a term or condition of the covered employee's 
     employment; or
       ``(II) submission to or rejection of such conduct by the 
     employee is used as the basis for an employment decision 
     affecting such employee.

       ``(2) Withholding amounts from compensation.--
       ``(A) Establishment of timetable and procedures by 
     committees.--For purposes of carrying out subparagraph (B), 
     the applicable Committee shall establish a timetable and 
     procedures for the withholding of amounts from the 
     compensation of an individual who is a Member of the House of 
     Representatives or a Senator.
       ``(B) Deadline.--The payroll administrator shall withhold 
     from an individual's compensation and transfer to the account 
     described in subsection (a) (after transferring to the 
     account of the individual in the Thrift Savings Fund any 
     amount that the individual had requested to be so 
     transferred) such amounts as may be necessary to reimburse 
     the account described in subsection (a) for the reimbursable 
     portion of the award or settlement described in paragraph (1) 
     if the individual has not reimbursed the account as required 
     under paragraph (1) prior to the expiration of the 90-day 
     period which begins on the date a payment is made from the 
     account for such an award or settlement.
       ``(C) Applicable committee defined.--In this paragraph, the 
     `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) Administrative wage garnishment or other collection 
     of wages from a subsequent position.--
       ``(A) Individual subject to garnishment or other 
     collection.--Subparagraph (B) shall apply to an individual 
     who is subject to the reimbursement requirement of this 
     subsection if, by the expiration of the 180-day period that 
     begins on the date a payment is made from the account 
     described in subsection (a) relating to an award or 
     settlement described in paragraph (1), the individual--
       ``(i) has not reimbursed the account for the entire 
     reimbursable portion as required under paragraph (1); and
       ``(ii) is not employed as a Member of the House of 
     Representatives or a Senator but is employed in a subsequent 
     non-Federal position.
       ``(B) Garnishment or other collection of wages.--On the 
     expiration of that 180-day period, the amount of the 
     reimbursable portion of an award or settlement described in 
     paragraph (1) (reduced by any amount the individual has 
     reimbursed, taking into account any amounts withheld under 
     paragraph (2)) shall be treated as a delinquent nontax debt 
     and transferred to the Secretary of the Treasury for 
     collection. Upon that transfer, the Secretary of the Treasury 
     shall collect the debt, in accordance with section 3711 of 
     title 31, United States Code, including by administrative 
     wage garnishment of the wages of the individual described in 
     subparagraph (A) from the position described in subparagraph 
     (A)(ii). The Secretary of the Treasury shall transfer the 
     collected amount to the account described in subsection (a).
       ``(4) Notification to office of personnel management and 
     secretary of the treasury.--If the individual does not obtain 
     employment in a subsequent position referred to in paragraph 
     (3)(A)(ii), not later than 90 days after the individual is 
     first no longer receiving compensation as a Member or a 
     Senator, the amounts withheld or collected under this 
     subsection have not been sufficient to reimburse the account 
     described in subsection (a) for the reimbursable portion of 
     the award or settlement described in paragraph (1), the 
     payroll administrator--
       ``(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 reimbursable portion of an award or 
     settlement described in paragraph (1); 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 (42 U.S.C. 401 et seq.) and transfer to 
     the account described in subsection (a), such amounts as may 
     be necessary to reimburse the account for the reimbursable 
     portion of an award or settlement described in paragraph (1).
       ``(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) Right to intervene.--An individual who is subject to 
     the reimbursement requirement of this subsection shall have 
     the unconditional right to intervene in any mediation, 
     hearing, or civil action under this title to protect the 
     interests of the individual in the determination of whether 
     an award or settlement described in paragraph (1) should be 
     made, and the amount of any such award or settlement, except 
     that nothing in this paragraph may be construed to require 
     the covered employee who filed the claim to be deposed by 
     counsel for the individual in a deposition that is separate 
     from any other deposition taken from the employee in 
     connection with the hearing or civil action.
       ``(7) Definitions.--In this subsection, 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.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to claims made on or after the date 
     of the enactment of this Act.

     SEC. 112. AUTOMATIC REFERRAL TO CONGRESSIONAL ETHICS 
                   COMMITTEES OF DISPOSITION OF CERTAIN CLAIMS 
                   ALLEGING VIOLATIONS OF CONGRESSIONAL 
                   ACCOUNTABILITY ACT OF 1995 INVOLVING MEMBERS OF 
                   CONGRESS AND SENIOR STAFF.

       Section 416(e) (2 U.S.C. 1416(e)) is amended to read as 
     follows:
       ``(e) Automatic 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 (6)) of a claim alleging a 
     violation of section 201(a) or 206(a) that is perpetrated 
     directly against a covered employee by a Member of the House 
     of Representatives (including a Delegate or Resident 
     Commissioner to the Congress) or a Senator, or by a senior 
     staffer of an employing office described in subparagraph (A) 
     or (B) of section 101(9), 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 staffer 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 staffer of the Senate.
       ``(2) Access to records and information.--If the Executive 
     Director refers a

[[Page S2903]]

     claim to a Committee under paragraph (1), the Executive 
     Director shall provide the Committee with access to the 
     settlement documents in the case of a settlement and findings 
     by the hearing officer involved in the case of an award under 
     this title.
       ``(3) Review by congressional ethics committees of 
     settlements of certain claims.--After the receipt of a 
     settlement agreement for a claim that includes an allegation 
     of a violation of section 201(a) or 206(a) that is 
     perpetrated directly against a covered employee as described 
     in section 415(d)(1)(D) by a Member of the House of 
     Representatives (including a Delegate or a Resident 
     Commissioner to the Congress) or a Senator, the corresponding 
     committee described in paragraph (1) shall--
       ``(A) not later than 90 days after that receipt, review the 
     settlement agreement;
       ``(B) determine whether an investigation of the claim is 
     warranted; and
       ``(C) if the committee determines, after the investigation, 
     that the claim that resulted in the settlement involved an 
     actual violation of section 201(a) or 206(a) perpetrated 
     directly against a covered employee as described in section 
     415(d)(1)(D) by the Member or Senator, then the committee 
     shall notify the Executive Director to request the 
     reimbursement described in section 415(d) and include the 
     settlement in the report required by section 301(l).
       ``(4) Protection of personally identifiable information.--
     If a Committee to which a claim is referred under paragraph 
     (1) issues a report with respect to the claim, the Committee 
     shall ensure that the report does not directly disclose the 
     identity or position of the individual who filed the claim.
       ``(5) Authority to protect identity of a claimant.--
       ``(A) Redactions.--If a Committee issues a report as 
     described in paragraph (4), the Committee may, in accordance 
     with subparagraph (B), make an appropriate redaction to the 
     information or data included in the report if the Committee 
     and the appropriate decisionmakers described in subparagraph 
     (B) determine that including the information or data 
     considered for redaction may lead to the unintentional 
     disclosure of the identity or position of a claimant. The 
     report including any such redaction shall note each redaction 
     and include a statement that the redaction was made solely 
     for the purpose of avoiding such an unintentional disclosure 
     of the identity or position of a claimant.
       ``(B) Agreement on redactions.--The Committee shall make a 
     redaction under subparagraph (A) only if agreement is reached 
     on the precise information or data to be redacted by--
       ``(i) the Chairman and Ranking Member of the Committee on 
     Ethics of the House of Representatives, in the case of a 
     report concerning a Member of the House of Representatives 
     (including a Delegate or Resident Commissioner to the 
     Congress) or a senior staffer who is an employee of the House 
     of Representatives; or
       ``(ii) the Chairman and Vice Chairman of the Select 
     Committee on Ethics of the Senate, in the case of a report 
     concerning a Senator or senior staffer who is an employee of 
     the Senate.
       ``(C) Retention of unredacted reports.--Each committee 
     described in subparagraph (B) shall retain a copy of the 
     report, without redactions.
       ``(6) Definitions.--In this subsection:
       ``(A) Final disposition.--The `final disposition' of a 
     claim means the following:
       ``(i) An agreement to pay a settlement, including an 
     agreement reached pursuant to mediation under section 403.
       ``(ii) An order to pay an award that is final and not 
     subject to appeal.
       ``(B) Senior staffer.--The term `senior staffer' 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.).''.

     SEC. 113. AVAILABILITY OF OPTION TO REQUEST REMOTE WORK 
                   ASSIGNMENT OR PAID LEAVE OF ABSENCE DURING 
                   PENDENCY OF PROCEDURES.

       (a) In General.--Title IV (2 U.S.C. 1401 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 417. OPTION TO REQUEST REMOTE WORK ASSIGNMENT OR PAID 
                   LEAVE OF ABSENCE DURING PENDENCY OF PROCEDURES.

       ``(a) Options for Employees.--
       ``(1) Remote work assignment.--At the request of a covered 
     employee who files a claim alleging a violation of part A of 
     title II by the covered employee's employing office, during 
     the pendency of any of the procedures available under this 
     title for consideration of the claim, the employing office 
     may permit the covered employee to carry out the employee's 
     responsibilities from a remote location (referred to in this 
     section as `permitting a remote work assignment') where such 
     relocation would have the effect of materially reducing 
     interactions between the covered employee and any person 
     alleged to have committed the violation, instead of from a 
     location of the employing office.
       ``(2) Exception for work assignments required to be carried 
     out onsite.--If, in the determination of the covered 
     employee's employing office, a covered employee who makes a 
     request under this subsection cannot carry out the employee's 
     responsibilities from a remote location or such relocation 
     would not have the effect described in paragraph (1), the 
     employing office may during the pendency of the procedures 
     described in paragraph (1)--
       ``(A) grant a paid leave of absence to the covered 
     employee;
       ``(B) permit a remote work assignment and grant a paid 
     leave of absence to the covered employee; or
       ``(C) make another workplace adjustment, or permit a remote 
     work assignment, that would have the effect of reducing 
     interactions between the covered employee and any person 
     alleged to have committed the violation described in 
     paragraph (1).
       ``(3) Ensuring no retaliation.--An employing office may not 
     grant a covered employee's request under this subsection in a 
     manner which would constitute a violation of section 207.
       ``(4) No impact on vacation or personal leave.--In granting 
     leave for a paid leave of absence under this section, an 
     employing office shall not require the covered employee to 
     substitute, for that leave, any of the accrued paid vacation 
     or personal leave of the covered employee.
       ``(b) Exception for Arrangements Subject to Collective 
     Bargaining Agreements.--Subsection (a) does not apply to the 
     extent that it is inconsistent with the terms and conditions 
     of any collective bargaining agreement which is in effect 
     with respect to an employing office.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by adding at the end of the items relating to tile IV the 
     following new item:

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

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

       (a) Mediation.--Section 416(b) (2 U.S.C. 1416(b)) is 
     amended by striking ``All mediation'' and inserting ``All 
     information discussed or disclosed in the course of any 
     mediation''.
       (b) Claims.--Section 416 (2 U.S.C. 1416), as amended by 
     section 112, is further amended--
       (1) by striking subsection (a);
       (2) by redesignating subsections (b) through (f) as 
     subsections (a) through (e), respectively;
       (3) in subsection (b), as redesignated by paragraph (2) of 
     this subsection, by striking ``subsections (d), (e), and 
     (f)'' and inserting ``subsections (c), (d), and (e)''; and
       (4) by adding at the end the following:
       ``(f) Claims.--Nothing in this section may be construed to 
     prohibit a covered employee from disclosing the factual 
     allegations supporting the covered employee's claim, or to 
     prohibit an employing office from disclosing the factual 
     allegations supporting the employing office's defense to the 
     claim, in the course of any proceeding under this title.''.

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

       (a) Requiring Reimbursement.--Section 415 (2 U.S.C. 1415), 
     as amended by section 111, is further amended by adding at 
     the end the following new subsection:
       ``(e) Reimbursement by Employing Offices.--
       ``(1) Notification of payments made from account.--As soon 
     as practicable after the Executive Director is made aware 
     that a payment of an award or settlement under this Act has 
     been made from the account described in subsection (a) in 
     connection with a claim alleging a violation described in 
     section 201(a) or 206(a) by an employing office (other than 
     an employing office described in subparagraph (A), (B), or 
     (C) of section 101(9)), the Executive Director shall notify 
     the head of the employing office associated with the claim 
     that the payment has been made, and shall include in the 
     notification a statement of the amount of the payment.
       ``(2) Reimbursement by office.--Not later than 180 days 
     after receiving a notification from the Executive Director 
     under paragraph (1), the head of the employing office 
     involved shall transfer to the account described in 
     subsection (a), out of any funds available for operating 
     expenses of the office, a payment equal to the amount 
     specified in the notification.
       ``(3) Timetable and procedures for reimbursement.--The head 
     of an employing office shall transfer a payment under 
     paragraph (2) in accordance with such timetable and 
     procedures as may be established under regulations 
     promulgated by the Office.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to payments made under section 415 
     of the Congressional Accountability Act of 1995 (2 U.S.C. 
     1415) for an award or settlement for a claim that is filed on 
     or after the date of the enactment of this Act.

  TITLE II--IMPROVING OPERATIONS OF OFFICE OF CONGRESSIONAL WORKPLACE 
                                 RIGHTS

     SEC. 201. REPORTS ON AWARDS AND SETTLEMENTS.

       (a) Annual Reports on Awards and Settlements.--
       (1) Requiring submission and publication of reports.--
     Section 301 (2 U.S.C. 1381) is amended--
       (A) in subsection (h)(3), by striking ``complaint'' each 
     place it appears and inserting ``claim''; and
       (B) by adding at the end the following new subsection:
       ``(l) Annual Reports on Awards and Settlements.--
       ``(1) In general.--Not later than 45 days after the 
     beginning of each calendar year,

[[Page S2904]]

     the Office shall submit to Congress and publish on the 
     Office's public website a report listing each award that is 
     the result of a violation of part A of title II or settlement 
     that is attributable to a finding described in section 
     415(d)(1)(B) and that was paid during the previous calendar 
     year from the account described in section 415(a). The report 
     shall include information on the employing office involved, 
     the amount of the award or settlement, the provision that was 
     the subject of the claim, and (in the case of an award or 
     settlement resulting from a finding described in section 
     415(d)(1)(B)), whether the Member or former Member is in 
     compliance with the requirement of section 415(d) to 
     reimburse the account for the reimbursable portion 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 claimant is not 
     disclosed.
       ``(3) Authority to protect the identity of a claimant.--
       ``(A) In general.--In carrying out paragraph (2), the 
     Executive Director may make an appropriate redaction to the 
     data included in the report described in paragraph (1) if the 
     Executive Director determines that including the data 
     considered for redaction may lead to the identity or position 
     of a claimant unintentionally being disclosed. The report 
     shall note each redaction and include a statement that the 
     redaction was made solely for the purpose of avoiding such an 
     unintentional disclosure of the identity or position of a 
     claimant.
       ``(B) Recordkeeping.--The Executive Director shall retain a 
     copy of the report described in subparagraph (A), without 
     redactions.
       ``(4) Definition.--In this subsection, the term `claimant' 
     means an individual who received an award or settlement, or 
     who made an allegation of a violation against an employing 
     office.''.
       (2) Effective date.--The amendments 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 Congressional 
     Workplace Rights shall submit to Congress and make available 
     to the public on the Office's public website a report on all 
     payments made with public funds prior to the date of the 
     enactment of this Act for awards and settlements in 
     connection with violations of section 201(a) of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1311(a)), 
     or section 207 of such Act (2 U.S.C. 1317) and shall include 
     in the report the following information:
       (A) The amount paid for each such award or settlement.
       (B) The source of the public funds used for the award or 
     settlement, 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 of Congressional 
     Workplace Rights to report the account of any specific office 
     of the House of Representatives or Senate as the source of 
     funds used for an award or settlement.

     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 employees of employing offices described in subparagraphs 
     (A), (B), (C), and (E) of section 101(9), regarding the 
     workplace environment of such office. The Office shall make 
     the survey available (which may include making the survey 
     available electronically) to all such employees. Employee 
     responses to the survey shall be voluntary.
       ``(b) Special Inclusion of Information on Sexual Harassment 
     and Discrimination.--In each survey conducted under this 
     section, the Office shall survey respondents on attitudes 
     regarding sexual harassment and discrimination.
       ``(c) Methodology.--
       ``(1) In general.--The Office shall conduct each survey 
     under this section in accordance with methodologies 
     established by the Office.
       ``(2) Confidentiality.--Under the methodologies established 
     under paragraph (1), all responses to all portions of the 
     survey shall be anonymous and confidential, and each 
     respondent shall be told throughout the survey that all 
     responses shall be anonymous and confidential.
       ``(3) Survey form.--The Office shall not include any code 
     or information on the survey form that makes a respondent to 
     the survey, or the respondent's employing office, 
     individually identifiable.
       ``(d) Use of Results of Surveys.--The Office shall furnish 
     the information obtained from the surveys conducted under 
     this section to the Committee on House Administration of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs, and the Committee on Rules 
     and Administration, of the Senate.
       ``(e) Consultation With Committees.--The Office shall carry 
     out this section, including establishment of methodologies 
     and procedures under subsection (c), in consultation with the 
     Committee on House Administration of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs, and the Committee on Rules and 
     Administration, of the Senate.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by adding at the end of the items relating to title III the 
     following new item:

``Sec. 307. Workplace climate surveys of employing offices.''.

     SEC. 203. RECORD RETENTION.

       Section 301 (2 U.S.C. 1381), as amended by section 201(a), 
     is further amended by adding at the end the following new 
     subsection:
       ``(m) Record Retention.--Not later than 180 days following 
     the date of enactment of the Congressional Accountability Act 
     of 1995 Reform Act, the Office, in consultation with the 
     Committee on House Administration of the House of 
     Representatives and the Committee on Rules and Administration 
     of the Senate, shall create a program to be enforced by the 
     Office for the proper and timely disposition of confidential 
     documents and data created or obtained by mediators or 
     hearing officers in connection with their service in 
     confidential proceedings under this Act.''.

     SEC. 204. CONFIDENTIAL ADVISOR.

       Section 302 (2 U.S.C. 1382) is amended--
       (1) by redesignating subsections (d) through (f) as 
     subsections (e) through (g), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Confidential Advisor.--
       ``(1) In general.--The Executive Director shall--
       ``(A) appoint, and fix the compensation of, and may remove, 
     a Confidential Advisor; or
       ``(B) designate an employee of the Office to serve as a 
     Confidential Advisor.
       ``(2) Duties.--
       ``(A) Voluntary services.--The Confidential Advisor shall 
     offer to provide to covered employees described in paragraph 
     (4) the services described in subparagraph (B), which a 
     covered employee may accept or decline.
       ``(B) Services.--The services referred to in subparagraph 
     (A) are--
       ``(i) informing, on a privileged and confidential basis, a 
     covered employee who has experienced a practice that may be a 
     violation of part A of title II about the employee's rights 
     under this Act;
       ``(ii) consulting, on a privileged and confidential basis, 
     with a covered employee who has experienced a practice that 
     may be a violation of part A of title II regarding--

       ``(I) the roles, responsibilities, and authority of the 
     Office; and
       ``(II) the relative merits of securing private counsel, 
     designating a non-attorney representative, or proceeding 
     without representation during proceedings before the Office;

       ``(iii) assisting, on a privileged and confidential basis, 
     a covered employee who seeks consideration under title IV of 
     an allegation of a violation of part A of title II in 
     understanding the procedures, and the significance of the 
     procedures, described in that title IV; and
       ``(iv) informing, on a privileged and confidential basis, a 
     covered employee who has experienced a practice that may be a 
     violation of part A of title II about the option of pursuing, 
     in appropriate circumstances, a complaint with the Committee 
     on Ethics of the House of Representatives or the Select 
     Committee on Ethics of the Senate.
       ``(3) Qualifications.--The Confidential Advisor shall be a 
     lawyer who--
       ``(A) is admitted to practice before, and is in good 
     standing with, the bar of a State of the United States, the 
     District of Columbia, or a territory of the United States; 
     and
       ``(B) has experience representing clients in cases 
     involving the workplace laws incorporated by part A of title 
     II.
       ``(4) Individuals covered.--The services described in 
     paragraph (2) are available to any covered employee (which, 
     for purposes of this subsection, shall include any staff 
     member described in section 201(d) and any former covered 
     employee (including any former staff member described in that 
     section)), except that--
       ``(A) a former covered employee may only request such 
     services if the practice that may be a violation of part A of 
     title II occurred during the employment or service of the 
     employee; and
       ``(B) a covered employee described in this paragraph may 
     only request such services before the expiration of the 180-
     day period described in section 402(e).
       ``(5) Restrictions.--The Confidential Advisor--
       ``(A) shall not provide legal advice to, or act as the 
     designated representative for, any covered employee in 
     connection with the covered employee's participation in any 
     proceeding, including any proceeding under this Act, any 
     judicial proceeding, or any proceeding before any committee 
     of Congress; and
       ``(B) shall not serve as a mediator in any mediation 
     conducted pursuant to section 403.''.

     SEC. 205. GAO STUDY OF MANAGEMENT PRACTICES.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of the management practices of the 
     Office of Congressional Workplace Rights.

[[Page S2905]]

       (b) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to Congress a report on the 
     study conducted under subsection (a), and shall include in 
     the report such recommendations as the Comptroller General 
     considers appropriate for improvements to the management 
     practices of the Office of Congressional Workplace Rights.

     SEC. 206. GAO AUDIT OF CYBERSECURITY.

       (a) Audit.--The Comptroller General of the United States 
     shall conduct an audit of the cybersecurity systems and 
     practices of the Office of Congressional Workplace Rights.
       (b) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to Congress a report on the 
     audit conducted under subsection (a), and shall include in 
     the report such recommendations as the Comptroller General 
     considers appropriate for improvements to the cybersecurity 
     systems and practices of the Office of Congressional 
     Workplace Rights.

                    TITLE III--MISCELLANEOUS REFORMS

     SEC. 301. APPLICATION OF GENETIC INFORMATION 
                   NONDISCRIMINATION ACT OF 2008.

       Section 102 (2 U.S.C. 1302) is amended by adding at the end 
     the following:
       ``(c) Genetic Information Nondiscrimination Act of 2008.--
     The provisions of this Act that apply to a violation of 
     section 201(a)(1) shall be considered to apply to a violation 
     of title II of the Genetic Information Nondiscrimination Act 
     of 2008 (42 U.S.C. 2000ff et seq.), consistent with section 
     207(c) of that Act (42 U.S.C. 2000ff-6(c)).''.

     SEC. 302. EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS 
                   AGAINST EMPLOYMENT DISCRIMINATION.

       (a) Extension.--Section 201(d) (2 U.S.C. 1311(d)) is 
     amended to read as follows:
       ``(d) Application to Unpaid Staff.--
       ``(1) In general.--Subsections (a) and (b) and section 207 
     shall apply with respect to any staff member of an employing 
     office who carries out official duties of the employing 
     office but who is not paid by the employing office for 
     carrying out such duties, including an intern, an individual 
     detailed to an employing office, and an individual 
     participating in a fellowship program, in the same manner and 
     to the same extent as such subsections and section apply with 
     respect to a covered employee.
       ``(2) Rule of construction.--Nothing in paragraph (1) may 
     be construed to extend liability for a violation of 
     subsection (a) or section 207 to an employing office on the 
     basis of an action taken by any person who is not under the 
     supervision or control of the employing office.
       ``(3) Intern defined.--For purposes of this section, the 
     term `intern' means an individual who performs service for an 
     employing office which is uncompensated by the United States, 
     who obtains an educational benefit, such as by earning credit 
     awarded by an educational institution or learning a trade or 
     occupation, and who is appointed on a temporary basis.''.
       (b) Technical Correction Relating to Office Responsible for 
     Disbursement of Pay to House Employees.--Section 101(7) (2 
     U.S.C. 1301(7)) is amended by striking ``disbursed by the 
     Clerk of the House of Representatives'' and inserting 
     ``disbursed by the Chief Administrative Officer of the House 
     of Representatives''.

     SEC. 303. PROVISIONS RELATING TO INSTRUMENTALITIES.

       (a) References to Former Office of Technology Assessment.--
       (1) Public services and accommodations provisions.--Section 
     210(a) (2 U.S.C. 1331(a)) is amended--
       (A) in paragraph (9), by adding ``and'' at the end;
       (B) by striking paragraph (10); and
       (C) by redesignating paragraph (11) as paragraph (10).
       (2) Occupational safety and health provisions.--Section 
     215(e)(1) (2 U.S.C. 1341(e)(1)) is amended by striking ``the 
     Office of Technology Assessment,''.
       (3) Labor-management provisions.--Section 220(e)(2)(G) (2 
     U.S.C. 1351(e)(2)(G)) is amended by striking ``, the Office 
     of Technology Assessment,''.
       (b) Amendments Relating to LoC Coverage of Library 
     Visitors.--
       (1) In general.--Section 210 (2 U.S.C. 1331) is amended--
       (A) by redesignating subsection (h) as subsection (i); and
       (B) by inserting after subsection (g) the following:
       ``(h) Election of Remedies Relating to Rights to Public 
     Services and Accommodations for Library Visitors.--
       ``(1) Definition of library visitor.--In this subsection, 
     the term `Library visitor' means an individual who is 
     eligible to bring a claim for a violation under title II or 
     III of the Americans with Disabilities Act of 1990 (other 
     than a violation for which the exclusive remedy is under 
     section 201) against the Library of Congress.
       ``(2) Election of remedies.--
       ``(A) In general.--A Library visitor who alleges a 
     violation of subsection (b) by the Library of Congress may, 
     subject to subparagraph (B)--
       ``(i) file a charge against the Library of Congress under 
     subsection (d); or
       ``(ii) use the remedies and procedures set forth in section 
     717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), as 
     provided under section 510 (other than paragraph (5)) of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12209).
       ``(B) Timing.--A Library visitor that has initiated 
     proceedings under clause (i) or (ii) of subparagraph (A) may 
     elect to change and initiate a proceeding under the other 
     clause--
       ``(i) in the case of a Library visitor who first filed a 
     charge pursuant to subparagraph (A)(i), before the General 
     Counsel files a complaint under subsection (d)(3); or
       ``(ii) in the case of a Library visitor who first initiated 
     a proceeding under subparagraph (A)(ii), before the Library 
     visitor requests a hearing under the procedures of the 
     Library of Congress described in such subparagraph.''.
       (2) Effective date and applicability.--The amendments made 
     by this subsection shall take effect as if such amendments 
     were included in section 153 of the Legislative Branch 
     Appropriations Act, 2018 (Public Law 115-141), and shall 
     apply as specified in section 153(c) of such Act.

     SEC. 304. NOTICES.

       Part E of title II (2 U.S.C. 1361) is amended--
       (1) in section 225 (2 U.S.C. 1361)--
       (A) by striking subsection (e); and
       (B) by redesignating subsection (f) as subsection (e).
       (2) by adding at the end the following:

     ``SEC. 226. NOTICES.

       ``(a) In General.--Every employing office shall post and 
     keep posted (in conspicuous places upon its premises where 
     notices to covered employees are customarily posted) a notice 
     provided by the Office that--
       ``(1) describes the rights, protections, and procedures 
     applicable to covered employees of the employing office under 
     this Act, concerning violations described in subsection (b); 
     and
       ``(2) includes contact information for the Office.
       ``(b) Violations.--A violation described in this subsection 
     is--
       ``(1) discrimination prohibited by section 201(a) 
     (including, in accordance with section 102(c), discrimination 
     prohibited by title II of the Genetic Information 
     Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.)) or 
     206(a); and
       ``(2) a violation of section 207, or a violation of section 
     4311(b) of title 38, United States Code, that is related to 
     discrimination described in paragraph (1).''.

     SEC. 305. CLARIFICATION OF COVERAGE OF EMPLOYEES OF STENNIS 
                   CENTER AND HELSINKI AND CHINA COMMISSIONS.

       (a) Coverage of Stennis Center, China Review Commission, 
     Congressional-Executive China Commission, and Helsinki 
     Commission.--
       (1) Treatment of employees as covered employees.--Section 
     101(3) (2 U.S.C. 1301(3)) is amended--
       (A) by striking subparagraph (I);
       (B) by striking the period at the end of subparagraph (J) 
     and inserting a semicolon;
       (C) by redesignating subparagraph (J) as subparagraph (I); 
     and
       (D) by adding at the end the following:
       ``(J) the John C. Stennis Center for Public Service 
     Training and Development;
       ``(K) the China Review Commission;
       ``(L) the Congressional-Executive China Commission; or
       ``(M) the Helsinki Commission.''.
       (2) Treatment of center and commissions 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 John C. Stennis Center for 
     Public Service Training and Development, the China Review 
     Commission, the Congressional-Executive China Commission, and 
     the Helsinki Commission''.
       (3) Definitions of commissions.--Section 101 (2 U.S.C. 
     1301) is amended by adding at the end the following:
       ``(13) China review commission.--The term `China Review 
     Commission' means the United States-China Economic and 
     Security Review Commission established under section 1238 of 
     the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (22 U.S.C. 7002), as enacted into law by 
     section 1 of Public Law 106-398.
       ``(14) Congressional-executive china commission.--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.).
       ``(15) Helsinki commission.--The term `Helsinki Commission' 
     means the Commission on Security and Cooperation in Europe 
     established under the Act entitled `An Act to establish a 
     Commission on Security and Cooperation in Europe', approved 
     June 3, 1976 (Public Law 94-304; 22 U.S.C. 3001 et seq.).''.
       (b) Legal Assistance and Representation.--
       (1) In general.--Title V (2 U.S.C. 1431 et seq.) is 
     amended--
       (A) by redesignating section 509 as section 512; and
       (B) by inserting after section 508 the following:

     ``SEC. 509. LEGAL ASSISTANCE AND REPRESENTATION.

       ``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--

[[Page S2906]]

       ``(1) by the Office of 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, and in the case of 
     assistance and representation in connection with any 
     subsequent claim related to the initial claim where the 
     subsequent claim involves the same parties; or
       ``(2) by the Office of 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, and in the case of assistance and 
     representation in connection with any subsequent claim 
     related to the initial claim where the subsequent claim 
     involves the same parties.''.
       (2) Clerical amendments.--The table of contents is 
     amended--
       (A) by redesignating the item relating to section 509 as 
     relating to section 512; and
       (B) by inserting after the item relating to section 508 the 
     following new item:

``Sec. 509. Legal assistance and representation.''.

       (c) Conforming Amendments.--Section 101 (2 U.S.C. 1301) is 
     amended, in paragraphs (7) and (8), by striking ``through 
     (I)'' and inserting ``through (M)''.
       (d) Effective Date.--The amendments made by subsections (a) 
     through (c) shall apply with respect to claims alleging 
     violations of the Congressional Accountability Act of 1995 (2 
     U.S.C. 1301 et seq.) which are first made on or after the 
     date of the enactment of this Act.

     SEC. 306. TRAINING AND EDUCATION PROGRAMS OF OTHER EMPLOYING 
                   OFFICES.

       (a) Requiring Offices To Develop and Implement Programs.--
     Title V (2 U.S.C. 1431 et seq.), as amended by section 
     305(b), is further amended by inserting after section 509 the 
     following:

     ``SEC. 510. 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 this Act 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 described in subparagraph 
     (A), (B), or (C) of section 101(9).''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 509, as 
     inserted by section 305(b), the following new item:

``Sec. 510. Training and education programs of employing offices.''.

     SEC. 307. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES.

       (a) In General.--Title V (2 U.S.C. 1431 et seq.), as 
     amended by section 306(a), is further amended by inserting 
     after section 510 the following:

     ``SEC. 511. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES.

       ``(a) In General.--All covered employees whose location of 
     employment is outside of the Washington, DC area (referred to 
     in this section as `out-of-area covered employees', shall 
     have equitable access to the resources and services provided 
     by the Office and under this Act as is provided to covered 
     employees who work in the Washington, DC area.
       ``(b) Office of Congressional Workplace Rights.--The Office 
     shall--
       ``(1) establish a method by which out-of-area covered 
     employees may communicate securely with the Office, which 
     shall include an option for real-time audiovisual 
     communication; and
       ``(2) provide guidance to employing offices regarding how 
     each office can facilitate equitable access to the resources 
     and services provided under this Act for its out-of-area 
     covered employees, including information regarding the 
     communication methods described in paragraph (1).
       ``(c) Employing Offices.--It is the sense of Congress that 
     each employing office with out-of-area covered employees 
     should use its best efforts to facilitate equitable access to 
     the resources and services provided under this Act for those 
     employees.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by inserting after the item relating to section 510, as 
     inserted by section 306(b), the following new item:

``Sec. 511. Support for out-of-area employees.''.

     SEC. 308. RENAMING OFFICE OF COMPLIANCE AS OFFICE OF 
                   CONGRESSIONAL WORKPLACE RIGHTS.

       (a) Renaming.--Section 301 (2 U.S.C. 1381) is amended--
       (1) in the 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--
       (1) by amending the item relating to the title heading of 
     title III to read as follows:

        ``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS'';

     and
       (2) by amending the item relating to section 301 to read as 
     follows:

``Sec. 301. Establishment of the 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 specified in section 401(a) shall be 
     considered to refer and apply to the Office of Congressional 
     Workplace Rights.

                        TITLE IV--EFFECTIVE DATE

     SEC. 401. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this Act, 
     this Act and the amendments made by this Act shall take 
     effect upon the expiration of the 180-day period which begins 
     on the date of the enactment of this Act.
       (b) No Effect on Pending Proceedings.--Nothing in this Act 
     or the amendments made by this Act may be construed to affect 
     any proceeding or payment of an award or settlement relating 
     to a claim under title IV of the Congressional Accountability 
     Act of 1995 (2 U.S.C. 1401 et seq.) which is pending as of 
     the date of the enactment of this Act. If, as of that date, 
     an employee has begun any of the proceedings under that title 
     that were available to the employee prior to that date, the 
     employee may complete, or initiate and complete, all such 
     proceedings, and such proceedings shall remain in effect with 
     respect to, and provide the exclusive proceedings for, the 
     claim involved until the completion of all such proceedings.

  Mr. BLUNT. Mr. President, I ask unanimous consent that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BLUNT. Thank you, Mr. President.
  I would like to turn to my colleague, Senator Klobuchar. We have 
worked together on this bill. We are pleased to be able to bring it to 
the Senate floor today. We are pleased that all of our colleagues had 
time to see it, that it went through the process on both sides without 
objection, and that now it has been voted on by the Senate.
  Senator Klobuchar.

[[Page S2907]]

  The PRESIDING OFFICER. The Senator from Minnesota.
  Ms. KLOBUCHAR. Thank you very much.
  Mr. President, I would like to thank Senator Blunt for his work on 
this. This is an incredibly important moment. We are completely 
overhauling the sexual harassment policies of the Congress. This was an 
antiquated policy that literally required 30 days of forced counseling, 
30 days of forced mediation, and 30 days of a cooling-off period. It 
was time for a change, and that is what we came together to do.
  I wish thank our colleagues who have worked on this with us: Senators 
Gillibrand, Murray, McCaskill, Harris; our working group on Rules, 
including Senators Blunt, Feinstein, Cortez Masto, Capito, and Fischer; 
and of course the two leaders, Senator McConnell and Senator Schumer, 
who worked on this.
  Senators Enzi and Kennedy would always say: If you can agree on 
things 80 percent of the time, that is a good day. This is a good day 
for changing the rules so that the deck is not stacked against victims, 
who should be in a safe workplace.
  Thank you, Senator Blunt.
  Mr. BLUNT. I certainly appreciate the opportunity we have had to work 
on this. Senator Klobuchar and I work together on the Rules Committee, 
as well, where I am the chairman and she is the ranking member, and the 
daily activities of the Senate come to us often.
  This was an action that created an opportunity where we looked at the 
Congressional Accountability Act of 1995. As Senator Klobuchar has 
suggested, there are things that may have been well-intended at the 
time, but they really put too many obligations and too many 
restrictions, in our view, on victims. Those things are all eliminated.
  Members of Congress, if they are personally involved in harassment, 
will be personally liable for the compensatory damages of that. I think 
it puts the responsibility where the American people think it should 
be.
  Both of our leaders have been very supportive--both Senator Schumer 
and Senator McConnell. Many of our Members were involved in drafting 
this legislation, and there were many more who, after they had time to 
look at the final product, cosponsored the legislation. I think 
approximately one-third of the Senate by the time this bill came to the 
floor were cosponsors of the bill.
  We look forward to this bill further defining what we see as our 
responsibilities. I am pleased to see the action of the Senate today 
with the unanimous clearance of every Senator on both sides, which 
enabled this bill to come to the floor and now has been approved.
  Ms. KLOBUCHAR. Thank you very much.
  Mrs. MURRAY. I want to thank my colleagues from Minnesota and 
Missouri for all of their hard work on this issue. I would like to ask 
my colleagues through the chair about section 111 of the bill amending 
section 415 of the Congressional Accountability Act. A new 
subparagraph, which will become 415(d)(1)(D), describes certain 
violations for which reimbursement is required by a Member of the House 
of Representatives or a Senator. I am interested in my colleagues' 
understanding regarding how that language should be interpreted?
  Ms. KLOBUCHAR. I Thank the Senator for her question. The description 
of harassment in section 111 of the bill is only relevant to the 
determination of whether a Member is required to reimburse the Treasury 
and is not intended to be used in other contexts.
  Mr. BLUNT. Section 111 of the bill includes a new requirement for 
Members to reimburse the Treasury in specific circumstances. The 
description of harassment in this section is only intended to be used 
during adjudicatory processes to determine whether a Member is required 
to reimburse the Treasury.
  Mrs. MURRAY. Thank you. That clarification is helpful for my 
understanding and for my colleagues' understanding as we take important 
steps to better address harassment in the U.S. Congress.

                          ____________________