[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.
____________________