[United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 115-397
115th Congress

An Act


 
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. <>

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.

[[Page 5298]]

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.

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--

[[Page 5299]]

``(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,

[[Page 5300]]

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'';

[[Page 5301]]

(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 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

[[Page 5302]]

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.''.

[[Page 5303]]

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

[[Page 5304]]

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:

[[Page 5305]]

``(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''.
(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.

[[Page 5306]]

``(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

[[Page 5307]]

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.

[[Page 5308]]

``(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

[[Page 5309]]

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--
``(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

[[Page 5310]]

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

[[Page 5311]]

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

[[Page 5312]]

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.
``(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:

[[Page 5313]]

``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''.

[[Page 5314]]

(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.

[[Page 5315]]

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

[[Page 5316]]

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
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

[[Page 5317]]

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.''.

[[Page 5318]]

(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;

[[Page 5319]]

``(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

[[Page 5320]]

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 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.''.

[[Page 5321]]

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)--

[[Page 5322]]

``(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.''.

[[Page 5323]]

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 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

[[Page 5324]]

``(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.

[[Page 5325]]

``(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''.

[[Page 5326]]

(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

[[Page 5327]]

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

Approved December 21, 2018.

LEGISLATIVE HISTORY--S. 3749:
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CONGRESSIONAL RECORD, Vol. 164 (2018):
Dec. 13, considered and passed Senate and House.