[Congressional Record Volume 164, Number 197 (Thursday, December 13, 2018)]
[Senate]
[Pages S7588-S7597]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. KLOBUCHAR (for herself, Mr. Blunt, Mr. McConnell, and Mr. 
        Schumer):
  S. 3749. A bill to amend the Congressional Accountability Act of 1995 
to reform the procedures provided under such Act for the initiation, 
review, and resolution of claims alleging that employing offices of the 
legislative branch have violated the rights and protections provided to 
their employees under such Act, including protections against sexual 
harassment, and for other purposes; considered and passed.

                                S. 3749

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Congressional Accountability Act of 1995 Reform Act''.
       (b) References in Act.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to or repeal of a section 
     or other provision, the reference shall be considered to be 
     made to that section or other provision of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
       (c) Table of Contents.--The table of contents of this Act 
     is as follows:

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

            TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

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

Sec. 101. Description of procedures available for consideration of 
              alleged violations.
Sec. 102. Reform of process for initiation of procedures.
Sec. 103. Preliminary review of claims by hearing officer.
Sec. 104. Availability of mediation during process.

                       Subtitle B--Other Reforms

Sec. 111. Requiring Members of Congress to reimburse Treasury for 
              amounts paid as settlements and awards in cases of acts 
              by Members.
Sec. 112. Automatic referral to Congressional Ethics Committees of 
              disposition of certain claims alleging violations of 
              Congressional Accountability Act of 1995 involving 
              Members of Congress and senior staff.
Sec. 113. Availability of remote work assignment or paid leave of 
              absence during pendency of procedures.
Sec. 114. Modification of rules on confidentiality of proceedings.
Sec. 115. Reimbursement by other employing offices of legislative 
              branch of payments of certain awards and settlements.

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

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

                    TITLE III--MISCELLANEOUS REFORMS

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

                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

[[Page S7589]]

  


            TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

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

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

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

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

       ``(a) Filing and Review of Claims.--Except as otherwise 
     provided, the procedure for consideration of an alleged 
     violation of part A of title II consists of--
       ``(1) the filing of a claim by the covered employee 
     alleging the violation, as provided in section 402;
       ``(2) the preliminary review of the claim, to be conducted 
     by a hearing officer as provided in section 403;
       ``(3) mediation as provided in section 404, if requested 
     and agreed to by the parties under that section; and
       ``(4) a formal hearing as provided in section 405, subject 
     to Board review as provided in section 406 and judicial 
     review in the United States Court of Appeals for the Federal 
     Circuit as provided in section 407.
       ``(b) Right of Employee to File Civil Action.--
       ``(1) Civil action.--Only a covered employee who has filed 
     a claim timely as provided in section 402 and who has not 
     submitted a request for a hearing on the claim pursuant to 
     section 405(a) may, during the period described in paragraph 
     (3), file a civil action in a District Court of the United 
     States with respect to the violation alleged in the claim, as 
     provided in section 408.
       ``(2) Effect of filing civil action.--Notwithstanding 
     paragraph (2), (3), or (4) of subsection (a), if the covered 
     employee files such a civil action--
       ``(A) the preliminary review of the claim by the hearing 
     officer as provided in section 403 shall terminate upon the 
     filing of the action by the covered employee; and
       ``(B) the procedure for consideration of the alleged 
     violation shall not include any further review of the claim 
     by the hearing officer as provided in section 403.
       ``(3) Period for filing civil action.--The period described 
     in this paragraph with respect to a claim is the 70-day 
     period which begins on the date the covered employee files 
     the claim under section 402.
       ``(4) Special rule for employees who fail to state a claim 
     for which relief may be granted.--Notwithstanding paragraph 
     (3), if a covered employee receives a written notice from the 
     hearing officer under section 403(d)(2) that the employee has 
     the right to file a civil action with respect to the claim in 
     accordance with section 408, the covered employee may file 
     the civil action not later than 90 days after receiving such 
     written notice.
       ``(c) Special Rule for Architect of the Capitol and Capitol 
     Police.--In the case of an employee of the Office of the 
     Architect of the Capitol or of the Capitol Police, the 
     Office, after receiving a claim filed under section 402, may 
     recommend that the employee use the grievance procedures of 
     the Architect of the Capitol or the Capitol Police for 
     resolution of the employee's grievance for a specific period 
     of time. Any deadline in this Act relating to a claim for 
     which the employee is using the grievance procedures, that 
     has not already passed by the first day of that specific 
     period, shall be stayed during that specific period.
       ``(d) Election of Remedies for Library of Congress.--
       ``(1) Definitions.--In this subsection:
       ``(A) Direct act.--The term `direct Act' means an Act 
     (other than this Act), or provision of the Revised Statutes, 
     that is specified in section 201, 202, or 203.
       ``(B) Direct provision.--The term `direct provision' means 
     a provision (including a definitional provision) of a direct 
     Act that applies the rights or protections of a direct Act 
     (including rights and protections relating to nonretaliation 
     or noncoercion) to a Library claimant.
       ``(C) Library claimant.--The term `Library claimant' means, 
     with respect to a direct provision, an employee of the 
     Library of Congress who is covered by that direct provision.
       ``(2) Election after proceedings initially brought under 
     this act.--A Library claimant who initially files a claim for 
     an alleged violation as provided in section 402 may, at any 
     time before the date that is 10 days after a hearing officer 
     submits the report on the preliminary review of the claim 
     under section 403(c), elect to bring the claim for a 
     proceeding before the corresponding Federal agency under the 
     corresponding direct provision, instead of continuing with 
     the procedures applicable to the claim under this title or 
     filing a civil action in accordance with section 408.
       ``(3) Election after proceedings initially brought under 
     other civil rights or labor law.--A Library claimant who 
     initially brings a claim, complaint, or charge under a direct 
     provision for a proceeding before a Federal agency may, prior 
     to requesting a hearing under the agency's procedures, elect 
     to--
       ``(A) continue with the agency's procedures and preserve 
     the option (if any) to bring any civil action relating to the 
     claim, complaint, or charge, that is available to the Library 
     claimant; or
       ``(B) file a claim with the Office under section 402 and 
     continue with the corresponding procedures of this title 
     available and applicable to a covered employee.
       ``(4) Timing.--A Library claimant who meets the initial 
     deadline under section 402(d) for filing a claim under this 
     title, or any initial deadline for bringing a claim, 
     complaint, or charge under the applicable direct provision, 
     and then elects to change to alternative procedures as 
     described in paragraph (2) or (3)(B), shall be considered to 
     meet any initial deadline for the alternative procedures.
       ``(5) Application.--This subsection shall take effect and 
     shall apply as described in section 153(c) of the Legislative 
     Branch Appropriations Act, 2018 (Public Law 115-141) (except 
     to the extent such section applies to any violation of 
     section 210 or a provision of an Act specified in section 
     210).
       ``(e) Rights of Parties to Retain Private Counsel.--Nothing 
     in this Act may be construed to limit the authority of any 
     individual (including a covered employee, the head of an 
     employing office, or an individual who is alleged to have 
     committed personally an act which consists of a violation of 
     part A of title II) to retain counsel to protect the 
     interests of the individual at any point during any of the 
     procedures provided under this title for the consideration of 
     an alleged violation of part A of title II, including as 
     provided under section 415(d)(8) with respect to individuals 
     subject to a reimbursement requirement of section 415(d).
       ``(f) Standards for Assertions Made by Parties.--Any party 
     in any of the procedures provided under this title, as well 
     as any counsel or other person representing a party in any of 
     such procedures, shall have an obligation to ensure that, to 
     the best of the party's knowledge, information, and belief, 
     as formed after an inquiry which is reasonable under the 
     circumstances, each of the following is correct:
       ``(1) No pleading, written motion, or other paper is 
     presented for any improper purpose, such as to harass, cause 
     unnecessary delay, or needlessly increase the cost of 
     resolution of the matter.
       ``(2) The claims, defenses, and other legal contentions the 
     party advocates are warranted by existing law or by a 
     nonfrivolous argument for extending, modifying, or reversing 
     existing law or for establishing new law.
       ``(3) The factual contentions have evidentiary support or, 
     if specifically so identified, will likely have evidentiary 
     support after a reasonable opportunity for further review or 
     discovery.
       ``(4) The denials of factual contentions are warranted on 
     the evidence or, if specifically so identified, are 
     reasonably based on belief or a lack of information.
       ``(g) Procedure.--Nothing in this Act shall be construed to 
     supersede or limit section 225(d)(2).''.
       (b) Conforming Amendment Relating to Civil Action.--Section 
     408(a) (2 U.S.C. 1408(a)) is amended--
       (1) by striking ``section 404'' and inserting ``section 
     401'';
       (2) by striking ``who has completed counseling under 
     section 402 and mediation under section 403''; and
       (3) by striking the second sentence.
       (c) Other Conforming Amendments to Title IV.--Title IV is 
     amended--
       (1) by striking section 404 (2 U.S.C. 1404); and
       (2) by redesignating section 403 (2 U.S.C. 1403) as section 
     404.
       (d) Miscellaneous Conforming Amendment.--Section 225 (2 
     U.S.C. 1361) is amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsection (f) as subsection (e).
       (e) Clerical Amendments.--The table of contents is 
     amended--
       (1) by striking the item relating to section 404; and
       (2) by redesignating the item relating to section 403 as 
     relating to section 404.

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

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

     ``SEC. 402. INITIATION OF PROCEDURES.

       ``(a) Claim.--
       ``(1) Filing of claim.--To commence a proceeding under this 
     title, a covered employee alleging a violation of law made 
     applicable under part A of title II shall file a claim with 
     the Office. The Office shall not accept a claim which is 
     filed after the deadline applicable under subsection (d).
       ``(2) Contents of claim.--The claim filed under this 
     section shall be made in writing under oath or affirmation, 
     shall describe the facts that form the basis of the claim and 
     the violation that is being alleged, shall identify the 
     employing office alleged to have committed the violation or 
     in which the violation is alleged to have occurred, and shall 
     be in such form as the Office requires.
       ``(3) No effect on ability of covered employee to seek 
     information from office or pursue relief.--Nothing in 
     paragraph (2), or subsection (b) or (c), may be construed to 
     limit the ability of a covered employee--
       ``(A) to contact the Office or any other appropriate office 
     prior to filing a claim under this section to seek 
     information regarding the employee's rights under this Act 
     and the procedures available under this Act;
       ``(B) in the case of a covered employee of an employing 
     office of the House of Representatives or Senate, to refer 
     information

[[Page S7590]]

     regarding an alleged violation of part A of title II to the 
     Committee on Ethics of the House of Representatives or the 
     Select Committee on Ethics of the Senate (as the case may 
     be); or
       ``(C) to file a civil action in accordance with section 
     401(b).
       ``(b) Initial Processing of Claim.--
       ``(1) Intake and recording; notification to employing 
     office.--Upon the filing of a claim by a covered employee 
     under subsection (a), the Office shall take such steps as may 
     be necessary for the initial intake and recording of the 
     claim, including providing each party with all relevant 
     information with respect to the rights of the party under 
     this Act, and shall transmit immediately a copy of the claim 
     to the head of the employing office and the designated 
     representative of that office.
       ``(2) Special notification requirements for claims based on 
     acts by members of congress.--
       ``(A) In general.--In the case of a claim alleging a 
     violation described in subparagraph (B) which consists of a 
     violation described in section 415(d)(1)(A) by an individual, 
     upon the filing of the claim under subsection (a), the Office 
     shall notify immediately such individual of the claim, the 
     possibility that the individual may be required to reimburse 
     the account described in section 415(a) for the reimbursable 
     portion of any award or settlement in connection with the 
     claim, and the right of the individual under section 
     415(d)(8) to intervene in any mediation, hearing, or civil 
     action under this title with respect to the claim.
       ``(B) Violations described.--A violation described in this 
     subparagraph is--
       ``(i) harassment that is unlawful under section 201(a) or 
     206(a); or
       ``(ii) intimidation, reprisal, or discrimination that is 
     unlawful under section 207 and is taken against a covered 
     employee because of a claim alleging a violation described in 
     clause (i).
       ``(c) Use of Secure Electronic Reporting and Tracking 
     System.--
       ``(1) Establishment and operation of secure system.--The 
     Office shall establish and operate a secure electronic 
     reporting system through which a covered employee may 
     initiate a proceeding under this title, and which will keep 
     an electronic record of the date and time at which the 
     proceeding is initiated and will track all subsequent actions 
     or proceedings occurring with respect to the proceeding under 
     this title.
       ``(2) Accessibility to all parties.--The system shall be 
     accessible to all parties to such actions or proceedings, but 
     only until the completion of such actions or proceedings.
       ``(3) Assessment of effectiveness of procedures.--The 
     Office shall use the information contained in the system to 
     make regular assessments of the effectiveness of the 
     procedures under this title in providing for the timely 
     resolution of claims, and shall submit semi-annual reports on 
     such assessments each year to the Committee on House 
     Administration of the House of Representatives and the 
     Committee on Rules and Administration of the Senate.
       ``(d) Deadline.--A covered employee may not file a claim 
     under this section with respect to an allegation of a 
     violation of law after the expiration of the 180-day period 
     which begins on the date of the alleged violation.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by amending the item relating to section 402 to read as 
     follows:

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

     SEC. 103. PRELIMINARY REVIEW OF CLAIMS BY HEARING OFFICER.

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

     ``SEC. 403. PRELIMINARY REVIEW OF CLAIMS.

       ``(a) Preliminary Review by Hearing Officer.--
       ``(1) Appointment.--Not later than 7 days after 
     transmission to the employing office of a claim pursuant to 
     section 402(b), the Executive Director shall appoint a 
     hearing officer to conduct a preliminary review of the claim.
       ``(2) Process for appointment.--The Executive Director 
     shall appoint a hearing officer under this subsection in the 
     same manner and in accordance with the same requirements and 
     procedures applicable to the appointment of a hearing officer 
     under section 405(c).
       ``(b) Assessments Required.--In conducting a preliminary 
     review of a claim under this section, the hearing officer 
     shall assess each of the following:
       ``(1) Whether the claimant is a covered employee authorized 
     to obtain relief relating to the claim under this title.
       ``(2) Whether the office which is the subject of the claim 
     is an employing office under this Act.
       ``(3) Whether the individual filing the claim has met the 
     applicable deadlines for filing the claim under this title.
       ``(4) The identification of factual and legal issues 
     involved with respect to the claim.
       ``(5) The specific relief sought by the individual.
       ``(6) Whether, on the basis of the assessments made under 
     paragraphs (1) through (5), the individual filing the claim 
     is a covered employee who has stated a claim for which, if 
     the allegations contained in the claim are true, relief may 
     be granted under this title.
       ``(7) The potential for the settlement of the claim without 
     a formal hearing as provided under section 405 or a civil 
     action as provided under section 408.
       ``(c) Report on Review.--
       ``(1) Report.--Not later than 30 days after a claim is 
     filed under section 402, the hearing officer shall submit to 
     the individual filing the claim and the office which is the 
     subject of the claim a report on the preliminary review 
     conducted under this section, and shall include in the report 
     the hearing officer's determination as to whether the 
     individual is a covered employee who has stated a claim for 
     which relief may be granted under this title (as described in 
     paragraph (6) of subsection (b)). The submission of the 
     report shall conclude the preliminary review.
       ``(2) Extension of deadline.--The hearing officer may (upon 
     notice to the individual filing the claim and the employing 
     office which is the subject of the claim) use an additional 
     period of not to exceed 30 days to conclude the preliminary 
     review.
       ``(d) Effect of Determination of Failure to State Claim for 
     Which Relief May Be Granted.--If the hearing officer's report 
     on the preliminary review of a claim under subsection (c) 
     includes the determination that the individual filing the 
     claim is not a covered employee or has not stated a claim for 
     which relief may be granted under this title--
       ``(1) the individual (including an individual who is a 
     Library claimant, as defined in section 401(d)(1)) may not 
     obtain a formal hearing with respect to the claim as provided 
     under section 405; and
       ``(2) the hearing officer shall provide the individual and 
     the Executive Director with a written notice that the 
     individual may file a civil action with respect to the claim 
     in accordance with section 408.
       ``(e) Transmission of Report on Preliminary Review of 
     Certain Claims to Congressional Ethics Committees.--In the 
     case of a hearing officer's report under subsection (c) on 
     the preliminary review of a claim alleging a violation 
     described in section 415(d)(1)(A), the hearing officer shall 
     transmit the report to--
       ``(1) the Committee on Ethics of the House of 
     Representatives, in the case of such an act by a Member of 
     the House of Representatives (including a Delegate or 
     Resident Commissioner to the Congress); or
       ``(2) the Select Committee on Ethics of the Senate, in the 
     case of such an act by a Senator.''.
       (b) Deadline for Requesting Hearing After Preliminary 
     Review.--Section 405(a) (2 U.S.C. 1405(a)) is amended to read 
     as follows:
       ``(a) Requirement for Hearings to Commence in Office.--
       ``(1) Hearing required upon request.--If, not later than 10 
     days after a hearing officer submits the report on the 
     preliminary review of a claim under section 403(c), a covered 
     employee submits a request to the Executive Director for a 
     hearing under this section, the Executive Director shall 
     appoint an independent hearing officer pursuant to subsection 
     (c) to consider the claim and render a decision, and a 
     hearing shall be commenced in the Office.
       ``(2) Exceptions.--Paragraph (1) does not apply with 
     respect to the claim if--
       ``(A) the hearing officer's report on the preliminary 
     review of the claim under section 403(c) includes the 
     determination that the individual filing the claim is not a 
     covered employee who has stated a claim for which relief may 
     be granted under this title (as described in section 403(d)); 
     or
       ``(B) the covered employee files a civil action as provided 
     in section 408 with respect to the claim.''.
       (c) Prohibiting Hearing Officer Conducting Preliminary 
     Review From Conducting Hearing.--Section 405(c) (2 U.S.C. 
     1405(c)) is amended by adding at the end the following new 
     paragraph:
       ``(3) Prohibiting hearing officer conducting preliminary 
     review from conducting hearing.--The Executive Director may 
     not appoint a hearing officer to conduct a hearing under this 
     section with respect to a claim if the hearing officer 
     conducted the preliminary review with respect to the claim 
     under section 403.''.
       (d) Deadline for Commencement of Hearing; Permitting 
     Additional Time.--Section 405(d) (2 U.S.C. 1405(d)) is 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) commenced no later than 90 days after the Executive 
     Director receives the covered employee's request for the 
     hearing under subsection (a), except that, upon mutual 
     agreement of the parties or for good cause, the Office shall 
     extend the time for commencing a hearing for not more than an 
     additional 30 days; and''.
       (e) Other Conforming Amendments Relating to Hearings 
     Conducted by Office of Congressional Workplace Rights.--
     Section 405 (2 U.S.C. 1405) is amended as follows:
       (1) In the heading, by striking ``complaint and''.
       (2) In subsection (c)(1), by striking ``complaint'' and 
     inserting ``request for a hearing under subsection (a)''.
       (3) In subsection (d) in the matter preceding paragraph 
     (1), by striking ``complaint'' and inserting ``claim''.
       (4) In subsection (g), by striking ``complaint'' and 
     inserting ``claim''.
       (f) Other Conforming Amendment.--The heading of section 414 
     (2 U.S.C. 1414) is amended by striking ``of complaints''.

[[Page S7591]]

       (g) Clerical Amendments.--The table of contents, as amended 
     by section 101(e), is further amended as follows:
       (1) By inserting after the item relating to section 402 the 
     following new item:

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

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

``Sec. 414. Settlement.''.

     SEC. 104. AVAILABILITY OF MEDIATION DURING PROCESS.

       (a) Availability of Mediation.--Section 404(a) (2 U.S.C. 
     1403(a)), as redesignated by section 101(c), is amended to 
     read as follows:
       ``(a) Availability of Mediation.--
       ``(1) Notification regarding mediation.--
       ``(A) Covered employee.--Upon receipt of a claim under 
     section 402, the Office shall notify the covered employee who 
     filed the claim about the process for mediation under this 
     section and the deadlines applicable to such mediation.
       ``(B) Employing office.--Upon transmission to the employing 
     office of the claim pursuant to section 402(b), the Office 
     shall notify the employing office about the process for 
     mediation under this section and the deadlines applicable to 
     such mediation.
       ``(2) Initiation.--
       ``(A) In general.--During the period described in 
     subparagraph (B), either the covered employee who filed a 
     claim under section 402 or the employing office named in the 
     claim may file a request for mediation with the Office, which 
     shall promptly notify the other party. If the other party 
     agrees to the request, the Office shall promptly assign a 
     mediator to the claim, and conduct mediation under this 
     section.
       ``(B) Timing.--A covered employee or an employing office 
     may file a request for mediation under subparagraph (A) 
     during the period beginning on the date that the covered 
     employee or employing office, respectively, receives a 
     notification under paragraph (1) regarding a claim under 
     section 402 and ending on the date on which a hearing officer 
     issues a written decision relating to the claim under section 
     405(g) or the covered employee files a civil action with 
     respect to the claim in accordance with section 408, as 
     applicable.
       ``(3) Failure to request or accept mediation to have no 
     effect on treatment of claim.--The failure of a party to 
     request mediation under this section with respect to a claim, 
     or the failure of a party to agree to a request for mediation 
     under this section, may not be taken into consideration under 
     any procedure under this title with respect to the claim, 
     including a preliminary review under section 403, a formal 
     hearing under section 405, or a civil action under section 
     408.''.
       (b) Requiring Parties to Be Separated During Mediation at 
     Request of Employee.--Section 404(b)(2) (2 U.S.C. 
     1403(b)(2)), as redesignated by section 101(c), is amended by 
     striking ``meetings with the parties separately or jointly'' 
     and inserting ``meetings with the parties during which, at 
     the request of any of the parties, the parties shall be 
     separated,''.
       (c) Period of Mediation.--Section 404(c) (2 U.S.C. 
     1403(c)), as redesignated by section 101(c), is amended by 
     striking the first 2 sentences and inserting the following: 
     ``The mediation period shall be 30 days, beginning on the 
     first day after the second party agrees to the request for 
     the mediation. The mediation period may be extended for one 
     additional period of 30 days at the joint request of the 
     covered employee and employing office. Any deadline in this 
     Act relating to a claim for which mediation has been agreed 
     to in this section, that has not already passed by the first 
     day of the mediation period, shall be stayed during the 
     mediation period.''.

                       Subtitle B--Other Reforms

     SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY 
                   FOR AMOUNTS PAID AS SETTLEMENTS AND AWARDS IN 
                   CASES OF ACTS BY MEMBERS.

       (a) Mandating Reimbursement of Amounts Paid.--Section 415 
     (2 U.S.C. 1415) is amended by adding at the end the following 
     new subsection:
       ``(d) Reimbursement by Members of Congress of Amounts Paid 
     as Settlements and Awards.--
       ``(1) Reimbursement required for certain violations.--
       ``(A) In general.--Subject to subparagraphs (B) and (D), if 
     a payment is made from the account described in subsection 
     (a) for an award or settlement in connection with a claim 
     alleging a violation described in subparagraph (C) committed 
     personally by an individual who, at the time of committing 
     the violation, was a Member of the House of Representatives 
     (including a Delegate or Resident Commissioner to the 
     Congress) or a Senator, the individual shall reimburse the 
     account for the amount of the award or settlement for the 
     claim involved.
       ``(B) Conditions.--In the case of an award made pursuant to 
     a decision of a hearing officer under section 405, or a court 
     in a civil action, subparagraph (A) shall apply only if the 
     hearing officer or court makes a separate finding that a 
     violation described in subparagraph (C) occurred which was 
     committed personally by an individual who, at the time of 
     committing the violation, was a Member of the House of 
     Representatives (including a Delegate or Resident 
     Commissioner to the Congress) or a Senator, and such 
     individual shall reimburse the account for the amount of 
     compensatory damages included in the award as would be 
     available if awarded under section 1977A(b)(3) of the Revised 
     Statutes (42 U.S.C. 1981a(b)(3)) irrespective of the size of 
     the employing office. In the case of a settlement for a claim 
     described in section 416(d)(3), subparagraph (A) shall apply 
     only if the conditions specified in section 416(d)(3) for 
     requesting reimbursement are met.
       ``(C) Violations described.--A violation described in this 
     subparagraph is--
       ``(i) harassment that is unlawful under section 201(a) or 
     206(a); or
       ``(ii) intimidation, reprisal, or discrimination that is 
     unlawful under section 207 and is taken against a covered 
     employee because of a claim alleging a violation described in 
     clause (i).
       ``(D) Multiple claims.--If an award or settlement is made 
     for multiple claims, some of which do not require 
     reimbursement under this subsection, the individual described 
     in subparagraph (A) shall only be required to reimburse for 
     the amount (referred to in this Act as the `reimbursable 
     portion') that is--
       ``(i) described in subparagraph (A), subject to 
     subparagraph (B); and
       ``(ii) included in the portion of the award or settlement 
     attributable to a claim requiring reimbursement.
       ``(2) Withholding amounts from compensation.--
       ``(A) Establishment of timetable and procedures by 
     committees.--For purposes of carrying out subparagraph (B), 
     the applicable Committee shall establish a timetable and 
     procedures for the withholding of amounts from the 
     compensation of an individual who is a Member of the House of 
     Representatives or a Senator.
       ``(B) Deadline.--The payroll administrator shall withhold 
     from an individual's compensation and transfer to the account 
     described in subsection (a) (after making any deposit 
     required under section 8432(f) of title 5, United States 
     Code) such amounts as may be necessary to reimburse the 
     account described in subsection (a) for the reimbursable 
     portion of the award or settlement described in paragraph (1) 
     if the individual has not reimbursed the account as required 
     under paragraph (1) prior to the expiration of the 90-day 
     period which begins on the date a payment is made from the 
     account for such an award or settlement.
       ``(C) Applicable committee defined.--In this paragraph, the 
     term `applicable Committee' means--
       ``(i) the Committee on House Administration of the House of 
     Representatives, in the case of an individual who, at the 
     time of the withholding, is a Member of the House; or
       ``(ii) the Committee on Rules and Administration of the 
     Senate, in the case of an individual who, at the time of the 
     withholding, is a Senator.
       ``(3) Use of amounts in thrift savings fund as source of 
     reimbursement.--
       ``(A) In general.--If, by the expiration of the 180-day 
     period that begins on the date a payment is made from the 
     account described in subsection (a) for an award or 
     settlement described in paragraph (1), an individual who is 
     subject to a reimbursement requirement of this subsection has 
     not reimbursed the account for the entire reimbursable 
     portion as required under paragraph (1), withholding and 
     transfers of amounts shall continue under paragraph (2) if 
     the individual remains employed in the same position, and the 
     Executive Director of the Federal Retirement Thrift 
     Investment Board shall make a transfer described in 
     subparagraph (B).
       ``(B) Transfers.--The transfer by such Executive Director 
     is a transfer, from the account of the individual in the 
     Thrift Savings Fund to the account described in subsection 
     (a), of an amount equal to the amount of that reimbursable 
     portion of the award or settlement, reduced by--
       ``(i) any amount the individual has reimbursed, taking into 
     account any amounts withheld under paragraph (2); and
       ``(ii) if the individual remains employed in the same 
     position, any amount that the individual is scheduled to 
     reimburse, taking into account any amounts to be withheld 
     under the individual's timetable under paragraph (2).
       ``(C) Initiation of transfer.--Notwithstanding section 8435 
     of title 5, United States Code, the Executive Director 
     described in subparagraph (A) shall make the transfer under 
     subparagraph (A) upon receipt of a written request to the 
     Executive Director from the Secretary of the Treasury, in the 
     form and manner required by the Executive Director.
       ``(D) Coordination between payroll administrator and the 
     executive director.--The payroll administrator and the 
     Executive Director described in subparagraph (A) shall carry 
     out this paragraph in a manner that ensures the coordination 
     of the withholding and transferring of amounts under this 
     paragraph, in accordance with regulations promulgated by the 
     Board under section 303 and such Executive Director.
       ``(4)  Administrative wage garnishment or other collection 
     of wages from a subsequent position.--
       ``(A) Individual subject to garnishment or other 
     collection.--Subparagraph (B) shall apply to an individual 
     who is subject to a reimbursement requirement of this 
     subsection if, at any time after the expiration of the 270-
     day period that begins on the date a payment is made from the 
     account described in subsection (a) for an award or 
     settlement described in paragraph (1), the individual--

[[Page S7592]]

       ``(i) has not reimbursed the account for the entire 
     reimbursable portion as required under paragraph (1), through 
     withholdings or transfers under paragraphs (2) and (3);
       ``(ii) is not serving in a position as a Member of the 
     House of Representatives or a Senator; and
       ``(iii) is employed in a subsequent non-Federal position.
       ``(B) Garnishment or other collection of wages.--On the 
     expiration of that 270-day period, the amount of the 
     reimbursable portion of an award or settlement described in 
     paragraph (1) (reduced by any amount the individual has 
     reimbursed, taking into account any amounts withheld or 
     transferred under paragraph (2) or (3)) shall be treated as a 
     claim of the United States and transferred to the Secretary 
     of the Treasury for collection. Upon that transfer, the 
     Secretary of the Treasury shall collect the claim, in 
     accordance with section 3711 of title 31, United States Code, 
     including by administrative wage garnishment of the wages of 
     the individual described in subparagraph (A) from the 
     position described in subparagraph (A)(iii). The Secretary of 
     the Treasury shall transfer the collected amount to the 
     account described in subsection (a).
       ``(5) Notification to office of personnel management and 
     secretary of the treasury.--
       ``(A) Individual subject to annuity or social security 
     withholding.--Subparagraph (B) shall apply to an individual 
     subject to a reimbursement requirement of this subsection if, 
     at any time after the expiration of the 270-day period 
     described in paragraph (4)(A), the individual--
       ``(i) has not served in a position as a Member of the House 
     of Representatives or a Senator during the preceding 90 days; 
     and
       ``(ii) is not employed in a subsequent non-Federal 
     position.
       ``(B) Annuity or social security withholding.--If, at any 
     time after the 270-day period described in paragraph (4)(A), 
     the individual described in subparagraph (A) has not 
     reimbursed the account described in subsection (a) for the 
     entire reimbursable portion of the award or settlement 
     described in paragraph (1) (as determined by the Secretary of 
     the Treasury), through withholdings, transfers, or 
     collections under paragraphs (2) through (4), the Secretary 
     of the Treasury (after consultation with the payroll 
     administrator)--
       ``(i) shall notify the Director of the Office of Personnel 
     Management, who shall take such actions as the Director 
     considers appropriate to withhold from any annuity payable to 
     the individual under chapter 83 or chapter 84 of title 5, 
     United States Code, and transfer to the account described in 
     subsection (a), such amounts as may be necessary to reimburse 
     the account for the remainder of the reimbursable portion of 
     an award or settlement described in paragraph (1); and
       ``(ii) shall (if necessary), notwithstanding section 207 of 
     the Social Security Act (42 U.S.C. 407), take such actions as 
     the Secretary of the Treasury considers appropriate to 
     withhold from any payment to the individual under title II of 
     the Social Security Act (42 U.S.C. 401 et seq.) and transfer 
     to the account described in subsection (a), such amounts as 
     may be necessary to reimburse the account for the remainder 
     of the reimbursable portion of an award or settlement 
     described in paragraph (1).
       ``(6) Coordination between opm and treasury.--The Director 
     of the Office of Personnel Management and the Secretary of 
     the Treasury shall carry out paragraph (5) in a manner that 
     ensures the coordination of the withholding and transferring 
     of amounts under such paragraph, in accordance with 
     regulations promulgated by the Director and the Secretary.
       ``(7) Certification.--Once the Executive Director 
     determines that an individual who is subject to a 
     reimbursement requirement of this subsection has reimbursed 
     the account described in subsection (a) for the entire 
     reimbursable portion, the Executive Director shall prepare a 
     certification that the individual has completed that 
     reimbursement, and submit the certification to--
       ``(A) the Committees on House Administration and Ethics of 
     the House of Representatives, in the case of an individual 
     who, at the time of committing the act involved, was a Member 
     of the House of Representatives (including a Delegate or 
     Resident Commissioner to the Congress); and
       ``(B) the Select Committee on Ethics of the Senate, in the 
     case of an individual who, at the time of committing the act 
     involved, was a Senator.
       ``(8) Right to intervene.--An individual who is subject to 
     a reimbursement requirement of this subsection shall have the 
     unconditional right to intervene in any mediation, hearing, 
     or civil action under this title to protect the interests of 
     the individual in the determination of whether an award or 
     settlement described in paragraph (1) should be made, and the 
     amount of any such award or settlement, except that nothing 
     in this paragraph may be construed to require the covered 
     employee who filed the claim to be deposed by counsel for the 
     individual in a deposition that is separate from any other 
     deposition taken from the employee in connection with the 
     hearing or civil action.
       ``(9) Definitions.--In this subsection:
       ``(A) Non-federal position.--The term `non-Federal 
     position' means a position other than the position of an 
     employee, as defined in section 2105(a) of title 5, United 
     States Code.
       ``(B) Payroll administrator.--The term `payroll 
     administrator' means--
       ``(i) in the case of an individual who is a Member of the 
     House of Representatives, the Chief Administrative Officer of 
     the House of Representatives, or an employee of the Office of 
     the Chief Administrative Officer who is designated by the 
     Chief Administrative Officer to carry out this subsection; or
       ``(ii) in the case of an individual who is a Senator, the 
     Secretary of the Senate, or an employee of the Office of the 
     Secretary of the Senate who is designated by the Secretary to 
     carry out this subsection.''.
       (b) Conforming Amendment.--Section 8437(e)(3) of title 5, 
     United States Code, is amended by inserting ``an obligation 
     of the Executive Director to make a transfer under section 
     415(d)(3) of the Congressional Accountability Act of 1995 (2 
     U.S.C. 1415(d)(3)),'' before ``or an obligation''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply with respect to claims made on or after 
     the date of the enactment of this Act.

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

       Section 416(e) (2 U.S.C. 1416(e)) is amended to read as 
     follows:
       ``(e) Automatic Referral to Congressional Ethics Committee 
     of Dispositions of Claims Involving Members of Congress and 
     Senior Staff.--
       ``(1) Referral.--Upon the final disposition under this 
     title (as described in paragraph (6)) of a claim alleging a 
     violation described in section 415(d)(1)(C) committed 
     personally by a Member of the House of Representatives 
     (including a Delegate or Resident Commissioner to the 
     Congress) or a Senator, or by a senior staff of the House of 
     Representatives or Senate, the Executive Director shall refer 
     the claim to--
       ``(A) the Committee on Ethics of the House of 
     Representatives, in the case of a Member or senior staff of 
     the House; or
       ``(B) the Select Committee on Ethics of the Senate, in the 
     case of a Senator or senior staff of the Senate.
       ``(2) Access to records and information.--If the Executive 
     Director refers a claim to a Committee under paragraph (1), 
     the Executive Director shall provide the Committee with 
     access to the records of any preliminary reviews, hearings, 
     or decisions of the hearing officers and the Board under this 
     Act, and any information relating to an award or settlement 
     paid, in response to such claim.
       ``(3) Review by senate ethics committee of settlements of 
     certain claims.--After the receipt of a settlement agreement 
     for a claim that includes an allegation of a violation 
     described in section 415(d)(1)(C) committed personally by a 
     Senator, the Select Committee on Ethics of the Senate shall--
       ``(A) not later than 90 days after that receipt, review the 
     settlement agreement;
       ``(B) determine whether an investigation of the claim is 
     warranted; and
       ``(C) if the Select Committee determines, after the 
     investigation, that the claim that resulted in the settlement 
     involved an actual violation described in section 
     415(d)(1)(C) committed personally by the Senator, then the 
     Select Committee shall notify the Executive Director to 
     request the reimbursement described in section 415(d) and 
     include the settlement in the report required by section 
     301(l).
       ``(4) Protection of personally identifiable information.--
     If a Committee to which a claim is referred under paragraph 
     (1) issues a report with respect to the claim, the Committee 
     shall ensure that the report does not directly disclose the 
     identity or position of the individual who filed the claim.
       ``(5) Committee authority to protect identity of a 
     claimant.--
       ``(A) Authority.--If a Committee to which a claim is 
     referred under paragraph (1) issues a report as described in 
     paragraph (4) concerning a Member of the House of 
     Representatives (including a Delegate or Resident 
     Commissioner to the Congress) or a Senator, or a senior staff 
     of the House of Representatives or Senate, the Committee may 
     make an appropriate redaction to the information or data 
     included in the report if the Chairman and Vice Chairman of 
     the Committee reach agreement--
       ``(i) that including the information or data considered for 
     redaction may lead to the unintentional disclosure of the 
     identity or position of a claimant; and
       ``(ii) on the precise information or data to be redacted.
       ``(B) Notation and statement.--The report including any 
     such redaction shall note each redaction and include a 
     statement that the redaction was made solely for the purpose 
     of avoiding such an unintentional disclosure of the identity 
     or position of a claimant.
       ``(C) Retention of reports.--The Committee making a 
     redaction in accordance with this paragraph shall retain a 
     copy of the report, without a redaction.
       ``(6) Final disposition described.--In this subsection, the 
     `final disposition' of a claim means any of the following:
       ``(A) An order or agreement to pay an award or settlement, 
     including an agreement reached pursuant to mediation under 
     section 404.

[[Page S7593]]

       ``(B) A final decision of a hearing officer under section 
     405(g) that is no longer subject to review by the Board under 
     section 406.
       ``(C) A final decision of the Board under section 406(e) 
     that is no longer subject to appeal to the United States 
     Court of Appeals for the Federal Circuit under section 407.
       ``(D) A final decision in a civil action under section 408 
     that is no longer subject to appeal.
       ``(7) Senior staff defined.--In this subsection, the term 
     `senior staff' means any individual who, at the time a 
     violation occurred, was required to file a report under title 
     I of the Ethics in Government Act of 1978 (5 U.S.C. App. 101 
     et seq.).''.

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

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

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

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

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

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

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

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

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

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

     SEC. 201. REPORTS ON AWARDS AND SETTLEMENTS.

       (a) Annual Reports on Awards and Settlements.--
       (1) Requiring submission and publication of reports.--
     Section 301 (2 U.S.C. 1381) is amended--
       (A) in subsection (h)(3), by striking ``complaint'' each 
     place it appears and inserting ``claim''; and
       (B) by adding at the end the following new subsection:
       ``(l) Annual Reports on Awards and Settlements.--
       ``(1) In general.--Subject to the rules issued by the 
     applicable committee pursuant to paragraph (2):
       ``(A) Requirement.--The Office shall prepare and submit to 
     Congress, and publish on the public website of the Office, an 
     annual report regarding payments from the account described 
     in section 415(a) that were the result of claims alleging a 
     violation of part A of title II (referred to in this 
     subsection as `covered payments').
       ``(B) Reporting.--The reporting required under this 
     paragraph shall--
       ``(i) for a covered payment, or the reimbursable portion of 
     a covered payment, described in paragraph (2), conform to the 
     requirements of the rules issued by the applicable committee 
     under such paragraph; and
       ``(ii) for a covered payment, or the portion of a covered 
     payment, not described in paragraph (2)--

       ``(I) include the amount of the covered payment or portion 
     of the covered payment and information on the employing 
     office involved; and
       ``(II) identify each provision of part A of title II that 
     was the subject of a claim resulting in the covered payment 
     or portion of the covered payment.

       ``(C) Reporting periods and dates.--The reporting required 
     under this paragraph--
       ``(i) for 2019, shall be submitted by the 60th day after 
     the date on which the committees described in paragraph (2) 
     issue the rules described in paragraph (2) and shall reflect 
     covered payments made in calendar year 2019; and
       ``(ii) for 2020 and each subsequent calendar year, shall be 
     submitted by January 31 of that year and shall reflect 
     covered payments made in the previous calendar year.
       ``(2) Rules regarding reporting of covered payments for 
     employing offices of the house and employing offices of the 
     senate.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this subsection, the Committee on House 
     Administration of the House of Representatives and the 
     Committee on Rules and Administration of the Senate shall 
     each issue rules establishing the content, format, and other 
     requirements for the reporting required under paragraph 
     (1)(B)(i) with respect to--
       ``(i) any covered payment made for claims involving an 
     employing office described in any of subparagraphs (A) 
     through (C) of section 101(a)(9) of the House of 
     Representatives or of the Senate, respectively; and
       ``(ii) the reimbursable portion of any such covered payment 
     for which there is a finding requiring reimbursement under 
     section 415(d)(1)(B) from a Member of the House of 
     Representatives (including a Delegate or Resident 
     Commissioner to the Congress) or a Senator, respectively.
       ``(B) Applicability.--The rules issued under subparagraph 
     (A)--
       ``(i) by the Committee on House Administration of the House 
     of Representatives shall apply to covered payments made for 
     claims involving employing offices described in subparagraph 
     (A)(i) of the House; and
       ``(ii) by the Committee on Rules and Administration of the 
     Senate shall apply to covered payments made for claims 
     involving employing offices described in subparagraph (A)(i) 
     of the Senate.
       ``(3) Protection of identity of individuals receiving 
     awards and settlements.--In preparing, submitting, and 
     publishing the

[[Page S7594]]

     reports required under paragraph (1), the Office shall ensure 
     that the identity or position of any claimant is not 
     disclosed.
       ``(4) Authority to protect the identity of a claimant.--
       ``(A) In general.--In carrying out paragraph (3), the 
     Executive Director, in consultation with the Board, may make 
     an appropriate redaction to the data included in the report 
     described in paragraph (1) if the Executive Director, in 
     consultation with the Board, determines that including the 
     data considered for redaction may lead to the identity or 
     position of a claimant unintentionally being disclosed. The 
     report shall note each redaction and include a statement that 
     the redaction was made solely for the purpose of avoiding 
     such an unintentional disclosure of the identity or position 
     of a claimant.
       ``(B) Recordkeeping.--The Executive Director shall retain a 
     copy of the report described in paragraph (1), without 
     redactions.
       ``(5) Definition.--In this subsection, the term `claimant' 
     means an individual who received an award or settlement, or 
     who made an allegation of a violation against an employing 
     office, under part A of title II.''.
       (2) Effective date.--The amendment made by paragraph (1)(B) 
     shall take effect on January 1, 2019.
       (b) Report on Amounts Previously Paid.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Office of Congressional 
     Workplace Rights shall submit to Congress and make available 
     to the public on the Office's public website a report on all 
     payments made with public funds (to include funds paid from 
     the account described in section 415(a) of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1415(a)), an account of 
     the House of Representatives or Senate, or any other account 
     of the Federal Government) prior to the date of the enactment 
     of this Act for awards and settlements in connection with 
     violations of section 201(a) of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1311(a)), or section 207 
     of such Act (2 U.S.C. 1317), and shall include in the report 
     the following information:
       (A) The amount paid for each such award or settlement.
       (B) The source of the public funds used for the award or 
     settlement.
       (2) Rule of construction regarding identification of house 
     and senate accounts.--Nothing in paragraph (1)(B) may be 
     construed to require or permit the Office of Congressional 
     Workplace Rights to report the account of any specific office 
     of the House of Representatives or Senate as the source of 
     funds used for an award or settlement.
       (c) Rulemaking Powers.--Section 501 (2 U.S.C. 1431) is 
     amended in the matter preceding paragraph (1) by inserting 
     ``, section 301(l),'' before ``and 304(c)''.

     SEC. 202. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES.

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

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

       ``(a) Requirement to Conduct Secure Surveys.--Not later 
     than 1 year after the date of the enactment of this section, 
     and every 2 years thereafter, the Office shall conduct a 
     secure survey of employing offices under this Act regarding 
     the workplace environment of such offices. Employee responses 
     to the survey shall be voluntary.
       ``(b) Special Inclusion of Information on Sexual 
     Harassment.--In each survey conducted under this section, the 
     Office shall survey respondents on attitudes regarding sexual 
     harassment.
       ``(c) Methodology.--
       ``(1) In general.--The Office shall conduct each survey 
     under this section in accordance with methodologies 
     established by the Office.
       ``(2) Confidentiality.--Under the methodologies established 
     under paragraph (1), all responses to all portions of the 
     survey shall be anonymous and confidential, and each 
     respondent shall be told throughout the survey that all 
     responses shall be anonymous and confidential.
       ``(3) Survey form.--The Office shall limit the use of any 
     information code or information on the survey form that makes 
     a respondent to the survey, or the respondent's employing 
     office, individually identifiable.
       ``(d) Use of Results of Surveys.--The Office shall furnish 
     the information obtained from the surveys conducted under 
     this section to the Committee on House Administration of the 
     House of Representatives and the Committees on Homeland 
     Security and Governmental Affairs and Rules and 
     Administration of the Senate.
       ``(e) Consultation With Committees.--The Office shall carry 
     out this section, including establishment of methodologies 
     and procedures under subsection (c), in consultation with the 
     Committee on House Administration of the House of 
     Representatives and the Committees on Homeland Security and 
     Governmental Affairs and Rules and Administration of the 
     Senate.''.
       (b) Clerical Amendment.--The table of contents is amended 
     by adding at the end of the items relating to title III the 
     following new item:

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

     SEC. 203. RECORD RETENTION.

       Section 301 (2 U.S.C. 1381), as amended by section 201(a), 
     is further amended by adding at the end the following new 
     subsection:
       ``(m) Record Retention.--The Office shall establish and 
     maintain a program for the permanent retention of its 
     records, including the records of preliminary reviews, 
     mediations, hearings, and other proceedings conducted under 
     title IV.''.

     SEC. 204. CONFIDENTIAL ADVISORS.

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

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

       ``(iii) advising and consulting with, on a privileged and 
     confidential basis, a covered employee who has been subject 
     to a practice that may be a violation of part A of title II 
     regarding any claims the covered employee may have under 
     title IV, the factual allegations that support each such 
     claim, and the relative merits of the procedural options 
     available to the employee for each such claim;
       ``(iv) assisting, on a privileged and confidential basis, a 
     covered employee who seeks consideration under title IV of an 
     allegation of a violation of part A of title II in 
     understanding the procedures, and the significance of the 
     procedures, described in title IV, including--

       ``(I) assisting or consulting with the covered employee 
     regarding the drafting of a claim to be filed under section 
     402(a); and
       ``(II) consulting with the covered employee regarding the 
     procedural options available to the covered employee after a 
     claim is filed, and the relative merits of each option; and

       ``(v) informing, on a privileged and confidential basis, a 
     covered employee who has been subject to a practice that may 
     be a violation of part A of title II about the option of 
     pursuing, in appropriate circumstances, a complaint with the 
     Committee on Ethics of the House of Representatives or the 
     Select Committee on Ethics of the Senate.
       ``(C) Continuity of service.--Once a covered employee has 
     accepted and received any services offered under this section 
     from a confidential advisor appointed or designated under 
     paragraph (1), any other services requested under this 
     subsection by the covered employee shall be provided, to the 
     extent practicable, by the same confidential advisor.
       ``(3) Qualifications.--A confidential advisor appointed or 
     designated under paragraph (1) shall be a lawyer who--
       ``(A) is admitted to practice before, and is in good 
     standing with, the bar of a State of the United States, the 
     District of Columbia, or a territory of the United States; 
     and
       ``(B) has experience representing clients in cases 
     involving the workplace laws incorporated by part A of title 
     II.
       ``(4) Individuals covered.--The services described in 
     paragraph (2) are available to any covered employee (which, 
     for purposes of this subsection, shall include any staff 
     member described in section 201(d) and any former covered 
     employee (including any such former staff member)), except 
     that--
       ``(A) a former covered employee may only request such 
     services if the practice that may be a violation of part A of 
     title II occurred during the employment or service of the 
     employee; and
       ``(B) a covered employee described in this paragraph may 
     only request such services before the expiration of the 180-
     day period described in section 402(d).
       ``(5) Restrictions.--A confidential advisor appointed or 
     designated under paragraph (1)--
       ``(A) shall not act as the designated representative for 
     any covered employee in connection with the covered 
     employee's participation in any proceeding, including any 
     proceeding under this Act, any judicial proceeding, or any 
     proceeding before any committee of Congress;
       ``(B) shall not offer or provide services described in 
     paragraph (2)(B) to a covered employee if the covered 
     employee has designated an attorney representative in 
     connection with the covered employee's participation in any 
     proceeding under this Act, except that a confidential advisor 
     may provide

[[Page S7595]]

     general assistance and information to such attorney 
     representative regarding this Act and the role of the Office 
     as the confidential advisor determines appropriate; and
       ``(C) shall not serve as a mediator in any mediation 
     conducted pursuant to section 404.''.

     SEC. 205. GAO STUDY OF MANAGEMENT PRACTICES.

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

     SEC. 206. GAO AUDIT OF CYBERSECURITY.

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

                    TITLE III--MISCELLANEOUS REFORMS

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

       Section 102 (2 U.S.C. 1302) is amended by adding at the end 
     the following:
       ``(c) Genetic Information Nondiscrimination Act of 2008.--
       ``(1) In general.--The provisions of this Act that apply to 
     a violation of section 201(a)(1) shall be considered to apply 
     to a violation of title II of the Genetic Information 
     Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), 
     consistent with section 207(c) of that Act (42 U.S.C. 2000ff-
     6(c)).
       ``(2) Construction.--
       ``(A) No limitation on other laws.--Nothing in this section 
     limits the provisions of this Act that apply to a violation 
     of a law described in subparagraph (B).
       ``(B) Other laws.--A law described in this subparagraph is 
     a law (even if not listed in subsection (a) or this 
     subsection) that explicitly applies one or more provisions of 
     this Act to a violation.''.

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

       (a) Extension.--Section 201 (2 U.S.C. 1311) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Application to Unpaid Staff.--
       ``(1) In general.--Subsections (a) and (b) shall apply with 
     respect to--
       ``(A) any staff member of an employing office who carries 
     out official duties of the employing office but who is not 
     paid by the employing office for carrying out such duties 
     (referred to in this subsection as an `unpaid staff member'), 
     including an intern, an individual detailed to an employing 
     office, and an individual participating in a fellowship 
     program, in the same manner and to the same extent as such 
     subsections apply with respect to a covered employee; and
       ``(B) a former unpaid staff member, if the act that may be 
     a violation of subsection (a) occurred during the service of 
     the former unpaid staffer for the employing office.
       ``(2) Rule of construction.--Nothing in paragraph (1) may 
     be construed to extend liability for a violation of 
     subsection (a) to an employing office on the basis of an 
     action taken by any person who is not under the supervision 
     or control of the employing office.
       ``(3) Intern defined.--For purposes of this subsection, the 
     term `intern' means an individual who performs service for an 
     employing office which is uncompensated by the United States 
     to earn credit awarded by an educational institution or to 
     learn a trade or occupation, and includes any individual 
     participating in a page program operated by any House of 
     Congress.''.
       (b) Technical Correction Relating to Office Responsible for 
     Disbursement of Pay to House Employees.--Section 101(7) (2 
     U.S.C. 1301(7)) is amended by striking ``disbursed by the 
     Clerk of the House of Representatives'' and inserting 
     ``disbursed by the Chief Administrative Officer of the House 
     of Representatives''.

     SEC. 303. CLARIFICATION OF TREATMENT OF LIBRARY OF CONGRESS 
                   VISITORS.

       (a) Clarification.--Section 210 (2 U.S.C. 1331) is 
     amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following:
       ``(h) Election of Remedies Relating to Rights to Public 
     Services and Accommodations for Library Visitors.--
       ``(1) Definition of library visitor.--In this subsection, 
     the term `Library visitor' means an individual who is 
     eligible to bring a claim for a violation under title II or 
     III of the Americans with Disabilities Act of 1990 (other 
     than a violation for which the exclusive remedy is under 
     section 201) against the Library of Congress.
       ``(2) Election of remedies.--
       ``(A) In general.--A Library visitor who alleges a 
     violation of subsection (b) by the Library of Congress may, 
     subject to subparagraph (B)--
       ``(i) file a charge against the Library of Congress under 
     subsection (d); or
       ``(ii) use the remedies and procedures set forth in section 
     717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), as 
     provided under section 510 (other than paragraph (5)) of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12209).
       ``(B) Timing.--A Library visitor that has initiated 
     proceedings under clause (i) or (ii) of subparagraph (A) may 
     elect to change and initiate a proceeding under the other 
     clause--
       ``(i) in the case of a Library visitor who first filed a 
     charge pursuant to subparagraph (A)(i), before the General 
     Counsel files a complaint under subsection (d)(3); or
       ``(ii) in the case of a Library visitor who first initiated 
     a proceeding under subparagraph (A)(ii), before the Library 
     visitor requests a hearing under the procedures of the 
     Library of Congress described in such subparagraph.''.
       (b) Conforming Amendment.--Section 210(d)(2) (2 U.S.C. 
     1331(d)(2)) is amended by striking ``section 403'' and 
     inserting ``section 404''.
       (c) Effective Date and Applicability.--The amendments made 
     by subsection (a) shall take effect as if such amendments 
     were included in the enactment of section 153 of the 
     Legislative Branch Appropriations Act, 2018 (Public Law 115-
     141), and shall apply as specified in section 153(c) of such 
     Act.

     SEC. 304. NOTICES.

       (a) Requiring Employing Offices to Post Notices.--Part E of 
     title II (2 U.S.C. 1361) is amended by adding at the end the 
     following:

     ``SEC. 226. NOTICES.

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

``Sec. 226. Notices.''.

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

       (a) Clarification of Coverage.--Section 101 (2 U.S.C. 
     1301), as amended by section 302(b), is further amended--
       (1) by striking ``Except as otherwise'' and inserting ``(a) 
     In General.--Except as otherwise''; and
       (2) by adding at the end the following new subsection:
       ``(b) Clarification of Coverage of Employees of Certain 
     Commissions.--
       ``(1) Coverage.--With respect to the China Review 
     Commission, the Congressional-Executive China Commission, and 
     the Helsinki Commission--
       ``(A) any individual who is an employee of such Commission 
     shall be considered a covered employee for purposes of this 
     Act; and
       ``(B) the Commission shall be considered an employing 
     office for purposes of this Act.
       ``(2) Authority to provide legal assistance and 
     representation.--Subject to paragraph (3), legal assistance 
     and representation under this Act, including assistance and 
     representation with respect to the proposal or acceptance of 
     the disposition of a claim under this Act, shall be provided 
     to the China Review Commission, the Congressional-Executive 
     China Commission, and the Helsinki Commission--
       ``(A) by the Office of House Employment Counsel of the 
     House of Representatives, in the case of assistance and 
     representation in connection with a claim filed under title 
     IV (including all subsequent proceedings under such title in 
     connection with the claim) at a time when the chair of the 
     Commission is a Member of the House, and in the case of 
     assistance and representation in connection with any 
     subsequent claim under title IV related to the initial claim 
     where the subsequent claim involves the same parties; or
       ``(B) by the Office of Senate Chief Counsel for Employment 
     of the Senate, in the case of assistance and representation 
     in connection with a claim filed under title IV (including 
     all subsequent proceedings under such title in connection 
     with the claim) at a time when the chair of the Commission is 
     a Senator, and in the case of assistance and representation 
     in connection with any subsequent claim under title IV 
     related to the initial

[[Page S7596]]

     claim where the subsequent claim involves the same parties.
       ``(3) Definitions.--In this subsection--
       ``(A) the term `China Review Commission' means the United 
     States-China Economic and Security Review Commission 
     established under section 1238 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (22 
     U.S.C. 7002), as enacted into law by section 1 of Public Law 
     106-398;
       ``(B) the term `Congressional-Executive China Commission' 
     means the Congressional-Executive Commission on the People's 
     Republic of China established under title III of the U.S.-
     China Relations Act of 2000 (Public Law 106-286; 22 U.S.C. 
     6911 et seq.); and
       ``(C) the term `Helsinki Commission' means the Commission 
     on Security and Cooperation in Europe established under the 
     Act entitled `An Act to establish a Commission on Security 
     and Cooperation in Europe', approved June 3, 1976 (Public Law 
     94-304; 22 U.S.C. 3001 et seq.).''.
       (b) Coverage of Stennis Center.--
       (1) Treatment of employees as covered employees.--Section 
     101(a)(3) (2 U.S.C. 1301(a)(3)) is amended--
       (A) by striking ``or'' at the end of subparagraph (I);
       (B) by striking the period at the end of subparagraph (J) 
     and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph:
       ``(K) the John C. Stennis Center for Public Service 
     Training and Development.''.
       (2) Treatment of center as employing office.--Section 
     101(a)(9)(D) (2 U.S.C. 1301(a)(9)(D)) is amended by striking 
     ``and the Office of Technology Assessment'' and inserting the 
     following: ``the Office of Technology Assessment, and the 
     John C. Stennis Center for Public Service Training and 
     Development''.
       (c) Conforming Amendments.--Paragraphs (7) and (8) of 
     section 101(a) (2 U.S.C. 1301(a)) are each amended by 
     striking ``subparagraphs (C) through (I)'' and inserting 
     ``subparagraphs (C) through (K)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Congressional Accountability Act of 1995.

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

       (a) Requiring Offices to Develop and Implement Programs.--
     Title V (2 U.S.C. 1431 et seq.) is amended--
       (1) by redesignating section 509 as section 510; and
       (2) by inserting after section 508 the following new 
     section:

     ``SEC. 509. TRAINING AND EDUCATION PROGRAMS OF EMPLOYING 
                   OFFICES.

       ``(a) Requiring Offices to Develop and Implement 
     Programs.--Each employing office shall develop and implement 
     a program to train and educate covered employees of the 
     office in the rights and protections provided under this Act, 
     including the procedures available under title IV to consider 
     alleged violations of this Act.
       ``(b) Report to Committees.--
       ``(1) In general.--Not later than 45 days after the 
     beginning of each Congress (beginning with the One Hundred 
     Seventeenth Congress), each employing office shall submit a 
     report to the Committee on House Administration of the House 
     of Representatives and the Committee on Rules and 
     Administration of the Senate on the implementation of the 
     program required under subsection (a).
       ``(2) Special rule for first report.--Not later than 180 
     days after the date of the enactment of the Congressional 
     Accountability Act of 1995 Reform Act, each employing office 
     shall submit the report described in paragraph (1) to the 
     Committees described in such paragraph.
       ``(c) Exception for Offices of Congress.--This section does 
     not apply to an employing office of the House of 
     Representatives or an employing office of the Senate.''.
       (b) Clerical Amendment.--The table of contents is amended--
       (1) by redesignating the item relating to section 509 as 
     relating to section 510; and
       (2) by inserting after the item relating to section 508 the 
     following new item:

``Sec. 509. Training and education programs of employing offices.''.

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

       (a) In General.--Title V (2 U.S.C. 1431 et seq.), as 
     amended by section 306(a), is further amended--
       (1) by redesignating section 510 as section 511; and
       (2) by inserting after section 509, as inserted by section 
     306(a), the following:

     ``SEC. 510. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES.

       ``(a) In General.--All covered employees whose location of 
     employment is outside of the Washington, DC area (referred to 
     in this section as `out-of-area covered employees') shall 
     have equitable access to the resources and services provided 
     by the Office and under this Act as is provided to covered 
     employees who work in the Washington, DC area.
       ``(b) Office of Congressional Workplace Rights.--The Office 
     shall--
       ``(1) establish a method by which out-of-area covered 
     employees may communicate securely with the Office, which 
     shall include an option for real-time audiovisual 
     communication; and
       ``(2) provide guidance to employing offices regarding how 
     each office can facilitate equitable access to the resources 
     and services provided under this Act for its out-of-area 
     covered employees, including information regarding the 
     communication methods described in paragraph (1).
       ``(c) Employing Offices.--It is the sense of Congress that 
     each employing office with out-of-area covered employees 
     should use its best efforts to facilitate equitable access to 
     the resources and services provided under this Act for those 
     employees.''.
       (b) Clerical Amendment.--The table of contents, as amended 
     by section 306(b), is amended--
       (1) by redesignating the item relating to section 510 as 
     relating to section 511; and
       (2) by inserting after the item relating to section 509, as 
     inserted by section 306(b), the following new item:

``Sec. 510. Support for out-of-area covered employees.''.

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

       (a) Renaming.--Section 301 (2 U.S.C. 1381) is amended--
       (1) in the section heading, by striking ``office of 
     compliance'' and inserting ``office of congressional 
     workplace rights''; and
       (2) in subsection (a), by striking ``Office of Compliance'' 
     and inserting ``Office of Congressional Workplace Rights''.
       (b) Conforming Amendments to Congressional Accountability 
     Act of 1995.--The Congressional Accountability Act of 1995, 
     as amended by section 305(a), is further amended as follows:
       (1) In section 101(a)(1) (2 U.S.C. 1301(a)(1)), by striking 
     ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (2) In section 101(a)(2) (2 U.S.C. 1301(a)(2)), by striking 
     ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (3) In section 101(a)(3)(H) (2 U.S.C. 1301(a)(3)(H)), by 
     striking ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (4) In section 101(a)(9)(D) (2 U.S.C. 1301(a)(9)(D)), by 
     striking ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (5) In section 101(a)(10) (2 U.S.C. 1301(a)(10)), by 
     striking ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (6) In section 101(a)(11) (2 U.S.C. 1301(a)(11)), by 
     striking ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (7) In section 101(a)(12) (2 U.S.C. 1301(a)(12)), by 
     striking ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), by striking 
     ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), by striking 
     ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (10) In section 220(e)(2)(G) (2 U.S.C. 1351(e)(2)(G)), by 
     striking ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (11) In the title heading of title III, by striking 
     ``OFFICE OF COMPLIANCE'' and inserting ``OFFICE OF 
     CONGRESSIONAL WORKPLACE RIGHTS''.
       (12) In section 304(c)(4) (2 U.S.C. 1384(c)(4)), by 
     striking ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (13) In section 304(c)(5) (2 U.S.C. 1384(c)(5)), by 
     striking ``Office of Compliance'' and inserting ``Office of 
     Congressional Workplace Rights''.
       (c) Clerical Amendments.--The table of contents is 
     amended--
       (1) by amending the item relating to the heading of title 
     III to read as follows:

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

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

``Sec. 301. Establishment of Office of Congressional Workplace 
              Rights.''.
       (d) Effective Date; References in Other Laws, Rules, and 
     Regulations.--The amendments made by this section shall take 
     effect on the date of the enactment of this Act. Any 
     reference to the Office of Compliance in any law, rule, 
     regulation, or other official paper in effect as of such date 
     shall be considered to refer and apply to the Office of 
     Congressional Workplace Rights.

                        TITLE IV--EFFECTIVE DATE

     SEC. 401. EFFECTIVE DATE.

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

[[Page S7597]]

     the claim involved until the completion of all such 
     proceedings.
                                 ______