I 

115TH CONGRESS 

2D SESSION H. R. 4822 

To amend the Congressional Accountability Act of 1995 to reform the procedures provided under such Act for the initiation, investigation, and resolution of claims alleging that employing offices of the legislative branch 

have violated the rights and protections provided to their employees 

under such Act, including protections against sexual harassment, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2018 

Mr. HARPER (for himself, Mr. BRADY of Pennsylvania, Mr. RODNEY DAVIS

of Illinois, Ms. LOFGREN, Mrs. COMSTOCK, Mr. RASKIN, Mr. WALKER, 

Mr. SMITH of Nebraska, Mr. LOUDERMILK, Mr. BYRNE, Ms. SPEIER, 

Mr. DEUTCH, and Mrs. BROOKS of Indiana) introduced the following bill; 

which was referred to the Committee on House Administration, and in 

addition to the Committees on Ethics, Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To amend the Congressional Accountability Act of 1995 to 

reform the procedures provided under such Act for the 

initiation, investigation, and resolution of claims alleging 

that employing offices of the legislative branch have violated the rights and protections provided to their employees under such Act, including protections against sexual 

harassment, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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

4 CONTENTS. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Congressional Accountability Act of 1995 Reform Act’’. 

7 (b) REFERENCES IN ACT.—Except as otherwise ex8 pressly provided, whenever in this Act an amendment is 

9 expressed in terms of an amendment to or repeal of a sec10 tion or other provision, the reference shall be considered 

11 to be made to that section or other provision of the Con12 gressional Accountability Act of 1995 (2 U.S.C. 1301 et 

13 seq.). 

14 (c) TABLE OF CONTENTS.—The table of contents of 

15 this Act is as follows: 

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

TITLE I—REFORM OF DISPUTE RESOLUTION PROCEDURES 

Subtitle A—Reform of Procedures for Initiation, Investigation, and Resolution 

of Claims 

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

Sec. 102. Reform of process for initiation of procedures. 

Sec. 103. Investigation of claims by General Counsel. 

Sec. 104. Availability of mediation during investigations. 

Subtitle B—Other Reforms 

Sec. 111. Requiring Members of Congress to reimburse Treasury for amounts 

paid as settlements and awards in cases of acts committed personally by Members. 

Sec. 112. Automatic referral to congressional ethics committees of disposition 

of certain claims alleging violations of Congressional Accountability Act of 1995 involving Members of Congress. 

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. 


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Sec. 115. Reimbursement by other employing offices of legislative branch of 

payments of certain awards and settlements. 

TITLE II—IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE 

Sec. 201. Semiannual reports on claims, awards, and settlements. 

Sec. 202. Workplace climate surveys of employing offices. 

Sec. 203. Record retention. 

Sec. 204. GAO study of management practices. 

Sec. 205. GAO audit of cybersecurity. 

TITLE III—MISCELLANEOUS REFORMS 

Sec. 301. Extension to unpaid staff of rights and protections against employment discrimination. 

Sec. 302. Coverage of employees of Library of Congress. 

Sec. 303. Clarification of coverage of employees of Helsinki and China Commissions. 

Sec. 304. Training and education programs of other employing offices. 

Sec. 305. Renaming Office of Compliance as Office of Congressional Workplace 

Rights. 

TITLE IV—HOUSE OF REPRESENTATIVES REFORMS 

Sec. 401. Mandatory anti-harassment and anti-discrimination policies for 

House offices. 

Sec. 402. Office of Employee Advocacy. 

Sec. 403. Functions of Office of House Employment Counsel. 

Sec. 404. Requiring inclusion of certifications on payroll authorization forms of 

House of Representatives of no connection between payroll actions and claims relating to Congressional Accountability Act 

of 1995. 

Sec. 405. Sexual harassment as violation of House Code of Official Conduct. 

Sec. 406. Sexual relationships between House Members and employees and unwelcome sexual advances as violation of House Code of Official 

Conduct. 

Sec. 407. Effect of filing of claim under Congressional Accountability Act of 

1995 on authority of Office of Congressional Ethics to consider 

claims. 

Sec. 409. Exercise of rulemaking authority. 

TITLE V—EFFECTIVE DATE 

Sec. 501. Effective date. 


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1 TITLE I—REFORM OF DISPUTE 

2 RESOLUTION PROCEDURES 

3 Subtitle A—Reform of Procedures 

4 for Initiation, Investigation, and 

5 Resolution of Claims 

6 SEC. 101. DESCRIPTION OF PROCEDURES AVAILABLE FOR 

7 CONSIDERATION OF ALLEGED VIOLATIONS. 

8 (a) PROCEDURES DESCRIBED.—Section 401 (2 

9 U.S.C. 1401) is amended to read as follows: 

10 ‘‘SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED 

11 VIOLATIONS. 

12 ‘‘(a) FILING AND INVESTIGATION OF CLAIMS.—Ex13 cept as otherwise provided, the procedure for consideration 

14 of an alleged violation of part A of title II consists of— 

15 ‘‘(1) the filing of a claim by the covered em16 ployee alleging the violation, as provided in section 

17 402; 

18 ‘‘(2) an investigation of the claim, to be con19 ducted by the General Counsel as provided in section 

20 403; and 

21 ‘‘(3) a formal hearing as provided in section 

22 405, subject to Board review as provided in section 

23 406, and judicial review in the United States Court 

24 of Appeals for the Federal Circuit as provided in 

25 section 407, but only if, pursuant to an investigation 


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1 conducted by the General Counsel as provided in 

2 section 403, the General Counsel finds either— 

3 ‘‘(A) that there is reasonable cause to be4 lieve that the employing office involved com5 mitted a violation of part A of title II as alleged 

6 in the covered employee’s claim; or 

7 ‘‘(B) that the General Counsel cannot de8 termine whether or not there is reasonable 

9 cause to believe that the employing office com10 mitted a violation of part A of title II as alleged 

11 in the covered employee’s claim. 

12 ‘‘(b) RIGHT OF EMPLOYEE TO FILE CIVIL AC13 TION.— 

14 ‘‘(1) CIVIL ACTION.—A covered employee who 

15 files a claim as provided in section 402 may, during 

16 the period described in paragraph (3), file a civil ac17 tion in a District Court of the United States with 

18 respect to the alleged violation involved, as provided 

19 in section 408. 

20 ‘‘(2) EFFECT OF FILING CIVIL ACTION.—Not21 withstanding paragraph (2) or paragraph (3) of sub22 section (a), if the covered employee files such a civil 

23 action— 

24 ‘‘(A) the investigation of the claim by the 

25 General Counsel as provided in section 403, or 


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1 any subsequent formal hearing as provided in 

2 section 405, shall terminate upon the filing of 

3 the action by the covered employee; and 

4 ‘‘(B) the procedure for consideration of the 

5 alleged violation shall not include any further 

6 investigation of the claim by the General Coun7 sel as provided in section 403 or any subse8 quent formal hearing as provided in section 

9 405. 

10 ‘‘(3) PERIOD FOR FILING CIVIL ACTION.—The 

11 period described in this paragraph with respect to a 

12 claim is the 30-day period which begins on the date 

13 the covered employee files the claim under section 

14 402. 

15 ‘‘(4) SPECIAL RULE FOR EMPLOYEES RECEIV16 ING FINDING OF NO REASONABLE CAUSE UNDER IN17 VESTIGATION BY GENERAL COUNSEL.—Notwith18 standing paragraph (3), if a covered employee re19 ceives a written notice from the General Counsel 

20 under section 403(c)(3) that the employee has the 

21 right to file a civil action with respect to the claim 

22 in accordance with section 408, the covered employee 

23 may file the civil action not later than 90 days after 

24 receiving such written notice. 


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1 ‘‘(c) SPECIAL RULE FOR ARCHITECT OF THE CAP2 ITOL AND CAPITOL POLICE.—In the case of an employee 

3 of the Office of the Architect of the Capitol or of the Cap4 itol Police, the Office, after receiving a claim filed under 

5 section 402, may recommend that the employee use the 

6 grievance procedures of the Architect of the Capitol or the 

7 Capitol Police for resolution of the employee’s grievance 

8 for a specific period of time. 

9 ‘‘(d) RIGHTS OF PARTIES TO RETAIN PRIVATE

10 COUNSEL.—Nothing in this title may be construed to limit 

11 the authority of any individual, including a covered em12 ployee, the head of an employing office, or an individual 

13 who is alleged to have personally committed an act which 

14 consists of a violation of part A of title II to retain counsel 

15 to protect the interests of the individual at any point dur16 ing any of the procedures provided under this title for the 

17 consideration of an alleged violation of part A of title II, 

18 including as provided under section 415(d)(7) with respect 

19 to Members of the House of Representatives and Senators. 

20 ‘‘(e) STANDARDS FOR COUNSEL PROVIDING REP21 RESENTATION.—Any counsel who represents a party in 

22 any of the procedures provided under this title shall have 

23 an obligation to ensure that, to the best of the counsel’s 

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1 quiry which is reasonable under the circumstances, each 

2 of the following is correct: 

3 ‘‘(1) No pleading, written motion, or other 

4 paper is presented for any improper purpose, such 

5 as to harass, cause unnecessary delay, or needlessly 

6 increase the cost of resolution of the matter. 

7 ‘‘(2) The claims, defenses, and other legal con8 tentions the counsel advocates are warranted by ex9 isting law or by a nonfrivolous argument for extend10 ing, modifying, or reversing existing law or for es11 tablishing new law. 

12 ‘‘(3) The factual contentions have evidentiary 

13 support or, if specifically so identified, will likely 

14 have evidentiary support after a reasonable oppor15 tunity for further investigation or discovery. 

16 ‘‘(4) The denials of factual contentions are war17 ranted on the evidence or, if specifically so identi18 fied, are reasonably based on belief or a lack of in19 formation.’’. 

20 (b) CONFORMING AMENDMENT RELATING TO CIVIL

21 ACTION.—Section 408 (2 U.S.C. 1408) is amended— 

22 (1) by striking ‘‘section 404’’ and inserting 

23 ‘‘section 401’’; 


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1 (2) by striking ‘‘who has completed counseling 

2 under section 402 and mediation under section 

3 403’’; and 

4 (3) by striking the second sentence. 

5 (c) OTHER CONFORMING AMENDMENTS.—Title IV is 

6 amended— 

7 (1) by striking section 404 (2 U.S.C. 1404); 

8 and 

9 (2) by redesignating section 403 (2 U.S.C. 

10 1403) as section 404. 

11 (d) CLERICAL AMENDMENTS.—The table of contents 

12 is amended— 

13 (1) by striking the item relating to section 404; 

14 and 

15 (2) by redesignating the item relating to section 

16 403 as relating to section 404. 

17 SEC. 102. REFORM OF PROCESS FOR INITIATION OF PROCE18 DURES. 

19 (a) INITIATION OF PROCEDURES.—Section 402 (2 

20 U.S.C. 1402) is amended to read as follows: 

21 ‘‘SEC. 402. INITIATION OF PROCEDURES. 

22 ‘‘(a) INTAKE OF CLAIM BY OFFICE.—To commence 

23 a proceeding under this title, a covered employee alleging 

24 a violation of law made applicable under part A of title 

25 II shall file a claim with the Office. The claim shall be 


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1 made in writing under oath or affirmation, and shall be 

2 in such form as the Office requires. 

3 ‘‘(b) INITIAL PROCESSING OF CLAIM.—Upon the fil4 ing of a claim by a covered employee under subsection (a), 

5 the Office shall take such steps as may be necessary for 

6 the initial intake and recording of the claim, including pro7 viding the employee with all relevant information with re8 spect to the rights of the employee under this title, and 

9 shall notify the head of the employing office of the claim. 

10 ‘‘(c) USE OF ELECTRONIC REPORTING AND TRACK11 ING SYSTEM.— 

12 ‘‘(1) ESTABLISHMENT AND OPERATION OF SYS13 TEM.—The Office shall establish and operate an 

14 electronic reporting system through which a covered 

15 employee may initiate a proceeding under this title, 

16 and which will keep an electronic record of the date 

17 and time at which the proceeding is initiated and 

18 will track all subsequent actions or proceedings oc19 curring with respect to the proceeding under this 

20 title. 

21 ‘‘(2) ACCESSIBILITY TO ALL PARTIES.—The 

22 system shall be accessible to all parties to such ac23 tions or proceedings, but only until the completion of 

24 such actions or proceedings. 


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1 ‘‘(d) DEADLINE.—A covered employee may not file 

2 a claim under this section with respect to an allegation 

3 of a violation of law after the expiration of the 180-day 

4 period which begins on the date of the alleged violation. 

5 ‘‘(e) NO EFFECT ON ABILITY OF COVERED EM6 PLOYEE TO SEEK INFORMATION FROM OFFICE OR PUR7 SUE RELIEF.—Nothing in this section may be construed 

8 to limit the ability of a covered employee— 

9 ‘‘(1) to contact the Office or any other appro10 priate office prior to filing a claim under this section 

11 to seek information regarding the employee’s rights 

12 under this Act and the procedures available under 

13 this title; 

14 ‘‘(2) in the case of a covered employee of an 

15 employing office of the House of Representatives or 

16 Senate, to refer information regarding an alleged 

17 violation of part A of title II to the Committee on 

18 Ethics of the House of Representatives or the Select 

19 Committee on Ethics of the Senate (as the case may 

20 be); or 

21 ‘‘(3) to file a civil action in accordance with sec22 tion 401(b).’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 is amended by amending the item relating to section 402 

25 to read as follows: 

‘‘Sec. 402. Initiation of procedures.’’. 


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1 SEC. 103. INVESTIGATION OF CLAIMS BY GENERAL COUN2 SEL. 

3 (a) INVESTIGATIONS DESCRIBED.—Title IV (2 

4 U.S.C. 1401 et seq.), as amended by section 101(b), is 

5 further amended by inserting after section 402 the fol6 lowing new section: 

7 ‘‘SEC. 403. INVESTIGATION OF CLAIMS. 

8 ‘‘(a) INVESTIGATION.—Upon the completion of the 

9 initial processing of a claim under section 402(b), the Gen10 eral Counsel shall conduct an investigation of the claim 

11 involved. 

12 ‘‘(b) SUBPOENAS.—To carry out an investigation 

13 under this section, the General Counsel may issue sub14 poenas in the same manner, and subject to the same terms 

15 and conditions, as a hearing officer may issue subpoenas 

16 to carry out discovery with respect to a hearing under sec17 tion 405, except that the General Counsel may issue such 

18 a subpoena on the General Counsel’s own initiative, with19 out regard to whether or not a party requests that the 

20 General Counsel issue the subpoena. It is the sense of 

21 Congress that the General Counsel should issue subpoenas 

22 under this subsection only to the extent that other meth23 ods of obtaining information with respect to an investiga24 tion are insufficient to enable the General Counsel to con25 clude the investigation within the deadline described in 

26 subsection (e). 


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1 ‘‘(c) REPORT; FINDINGS.— 

2 ‘‘(1) REPORT.—Upon concluding an investiga3 tion of a claim under this section, the General Coun4 sel shall transmit a written report on the results of 

5 the investigation to the covered employee and the 

6 employing office involved. 

7 ‘‘(2) INCLUSION OF FINDINGS.—The General 

8 Counsel shall include in the report transmitted 

9 under paragraph (1) one of the following findings: 

10 ‘‘(A) A finding that there is reasonable 

11 cause to believe that the employing office com12 mitted a violation of part A of title II, as al13 leged in the covered employee’s claim. 

14 ‘‘(B) A finding that there is no reasonable 

15 cause to believe that the employing office com16 mitted a violation of part A of title II, as al17 leged in the covered employee’s claim. 

18 ‘‘(C) A finding that the General Counsel 

19 cannot determine whether or not there is rea20 sonable cause to believe that the employing of21 fice committed a violation of part A of title II, 

22 as alleged in the covered employee’s claim. 

23 ‘‘(3) NOTICE OF RIGHT TO FILE CIVIL AC24 TION.—If the General Counsel transmits a finding 

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1 eral Counsel shall also transmit to the covered em2 ployee a written notice that the employee has the 

3 right to file a civil action with respect to the claim 

4 under section 408. 

5 ‘‘(4) TRANSMISSION TO EXECUTIVE DIREC6 TOR.—If the General Counsel transmits a finding 

7 under subparagraph (A) or subparagraph (C) of 

8 paragraph (2), the General Counsel shall also trans9 mit the report to the Executive Director. 

10 ‘‘(5) TRANSMISSION OF REPORT ON INVESTIGA11 TION OF CERTAIN CLAIMS TO CONGRESSIONAL ETH12 ICS COMMITTEES.—In the case of a report furnished 

13 under paragraph (1) on the results of an investiga14 tion of a claim alleging a violation of section 201(a) 

15 which consists of an act committed personally by a 

16 Member of the House of Representatives (including 

17 a Delegate or Resident Commissioner to the Con18 gress) or a Senator, the General Counsel shall trans19 mit the report to— 

20 ‘‘(A) the Committee on Ethics of the 

21 House of Representatives, in the case of a 

22 Member of the House (including a Delegate or 

23 Resident Commissioner to the Congress); or 

24 ‘‘(B) the Select Committee on Ethics of 

25 the Senate, in the case of a Senator. 


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1 ‘‘(d) RECOMMENDATION OF MEDIATION.—At any 

2 time during the investigation of a claim under this section, 

3 the General Counsel may make a recommendation that the 

4 covered employee and the employing office pursue medi5 ation under section 404 with respect to the claim. 

6 ‘‘(e) DEADLINE FOR CONCLUDING INVESTIGATION.— 

7 The General Counsel shall conclude the investigation of 

8 a claim under this subsection, and transmit the report on 

9 the results of the investigation, not later than 90 days 

10 after the claim is filed under section 402, except that the 

11 General Counsel may (upon notice to the parties to the 

12 investigation) use an additional period of not to exceed 

13 30 days to conclude the investigation.’’. 

14 (b) CONFORMING AMENDMENTS RELATING TO

15 HEARINGS CONDUCTED BY OFFICE OF COMPLIANCE.— 

16 Section 405 (2 U.S.C. 1405) is amended as follows: 

17 (1) In the heading, by striking ‘‘COMPLAINT

18 AND’’. 

19 (2) By amending subsection (a) to read as fol20 lows: 

21 ‘‘(a) REQUIREMENT FOR OFFICE TO CONDUCT

22 HEARINGS.— 

23 ‘‘(1) HEARING REQUIRED UPON CERTAIN FIND24 INGS BY GENERAL COUNSEL.— 


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1 ‘‘(A) IN GENERAL.—If the General Coun2 sel transmits to the Executive Director a report 

3 on the investigation of a claim under section 

4 403 which includes a finding described in sub5 paragraph (B), the Office shall conduct a hear6 ing to consider the claim and render a decision. 

7 ‘‘(B) FINDINGS DESCRIBED.—A finding 

8 described in this subparagraph is— 

9 ‘‘(i) a finding under section 

10 403(c)(2)(A) that there is reasonable cause 

11 to believe that an employing office com12 mitted a violation of part A of title II, as 

13 alleged in a claim filed by a covered em14 ployee; or 

15 ‘‘(ii) a finding under section 

16 403(c)(2)(C) that the General Counsel 

17 cannot determine whether or not there is 

18 reasonable cause to believe that the em19 ploying office committed a violation of part 

20 A of title II, as alleged in the covered em21 ployee’s claim.’’. 

22 (3) In subsection (c)(1), by striking ‘‘com23 plaint’’ and inserting ‘‘claim’’. 


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1 (4) In subsection (d) in the matter preceding 

2 paragraph (1), by striking ‘‘complaint’’ and inserting 

3 ‘‘claim’’. 

4 (5) In subsection (d)(2), by striking ‘‘no later 

5 than 60 days after filing of the complaint’’ and in6 serting ‘‘no later than 60 days after the Executive 

7 Director receives the General Counsel’s report on the 

8 investigation of the claim’’. 

9 (6) In subsection (g), by striking ‘‘complaint’’ 

10 and inserting ‘‘claim’’. 

11 (c) OTHER CONFORMING AMENDMENT.—The head12 ing of section 414 (2 U.S.C. 1414) is amended by striking 

13 ‘‘OF COMPLAINTS’’. 

14 (d) CLERICAL AMENDMENTS.—The table of contents, 

15 as amended by section 101(c), is further amended as fol16 lows: 

17 (1) By inserting after the item relating to sec18 tion 402 the following new item: 

‘‘Sec. 403. Investigation of claims.’’. 

19 (2) By amending the item relating to section 

20 405 to read as follows: 

‘‘Sec. 405. Hearing.’’. 

21 (3) By amending the item relating to section 

22 414 to read as follows: 

‘‘Sec. 414. Settlement.’’. 


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1 SEC. 104. AVAILABILITY OF MEDIATION DURING INVES2 TIGATIONS. 

3 (a) OPTION TO REQUEST MEDIATION.—Section 

4 404(a) (2 U.S.C. 1404(a)), as redesignated by section 

5 101(c), is amended to read as follows: 

6 ‘‘(a) AVAILABILITY OF MEDIATION DURING INVES7 TIGATION.—At any time during the investigation of a cov8 ered employee’s claim under section 403, the covered em9 ployee and the employing office may jointly file a request 

10 for mediation with the Office.’’. 

11 (b) PERIOD OF MEDIATION.—The second sentence of 

12 section 404(c) (2 U.S.C. 1404(c)), as redesignated by sec13 tion 101(c), is amended to read as follows: ‘‘The mediation 

14 period may be extended for one additional period of 30 

15 days at the joint request of the covered employee and em16 ploying office.’’. 

17 (c) REQUIRING PARTIES TO BE SEPARATED DURING

18 MEDIATION AT REQUEST OF EMPLOYEE.—Section 

19 404(b)(2) (2 U.S.C. 1404(b)(2)), as redesignated by sec20 tion 101(c), is amended by striking ‘‘meetings with the 

21 parties separately or jointly’’ and inserting ‘‘meetings with 

22 the parties during which, at the request of the covered 

23 employee, the parties shall be separated,’’. 


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1 Subtitle B—Other Reforms 

2 SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIM3 BURSE TREASURY FOR AMOUNTS PAID AS 

4 SETTLEMENTS AND AWARDS IN CASES OF 

5 ACTS COMMITTED PERSONALLY BY MEM6 BERS. 

7 (a) MANDATING REIMBURSEMENT OF AMOUNTS

8 PAID.—Section 415 (2 U.S.C. 1415) is amended by add9 ing at the end the following new subsection: 

10 ‘‘(d) REIMBURSEMENT BY MEMBERS OF CONGRESS

11 OF AMOUNTS PAID AS SETTLEMENTS AND AWARDS.— 

12 ‘‘(1) REIMBURSEMENT REQUIRED FOR CERTAIN

13 VIOLATIONS.— 

14 ‘‘(A) IN GENERAL.—If a payment is made 

15 from the account described in subsection (a) for 

16 an award or settlement in connection with a 

17 claim alleging a violation described in subpara18 graph (B) which consists of an act committed 

19 personally by an individual who, at the time of 

20 committing the act, was a Member of the 

21 House of Representatives (including a Delegate 

22 or Resident Commissioner to the Congress) or 

23 a Senator, the individual shall reimburse the ac24 count for the amount of the award or settle25 ment. 


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1 ‘‘(B) VIOLATIONS DESCRIBED.—A viola2 tion described in this subparagraph is— 

3 ‘‘(i) a violation of section 201(a); or 

4 ‘‘(ii) a violation of section 207 which 

5 consists of intimidating, taking reprisal 

6 against, or otherwise discriminating 

7 against any covered employee because the 

8 covered employee has opposed any practice 

9 made unlawful by section 201(a). 

10 ‘‘(2) WITHHOLDING AMOUNTS FROM SALARY.— 

11 ‘‘(A) ESTABLISHMENT OF TIMETABLE AND

12 PROCEDURES BY COMMITTEES.—For purposes 

13 of carrying out subparagraph (B), the applica14 ble Committee shall establish a timetable and 

15 procedures for the withholding of amounts from 

16 the compensation of an individual who is a 

17 Member of the House of Representatives or a 

18 Senator. 

19 ‘‘(B) DEADLINE.—The payroll adminis20 trator shall withhold from an individual’s com21 pensation and transfer to the account described 

22 in subsection (a) (after transferring any 

23 amounts to the account of the individual in the 

24 Thrift Savings Fund) such amounts as may be 

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1 ment of an award or settlement described in 

2 paragraph (1) if the individual has not reim3 bursed the account as required under para4 graph (1) prior to the expiration of the 90-day 

5 period which begins on the date a payment is 

6 made from the account for such an award or 

7 settlement. 

8 ‘‘(C) APPLICABLE COMMITTEE DEFINED.— 

9 In this paragraph, the ‘applicable Committee’ 

10 means— 

11 ‘‘(i) the Committee on House Admin12 istration of the House of Representatives, 

13 in the case of an individual who, at the 

14 time of the withholding, is a Member of 

15 the House; or 

16 ‘‘(ii) the Committee on Rules and Ad17 ministration of the Senate, in the case of 

18 an individual who, at the time of the with19 holding, is a Senator. 

20 ‘‘(3) USE OF AMOUNTS IN THRIFT SAVINGS

21 FUND AS SOURCE OF REIMBURSEMENT.— 

22 ‘‘(A) IN GENERAL.—If, by the expiration 

23 of the 180-day period which begins on the date 

24 a payment is made from the account described 

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1 scribed in paragraph (1), an individual who is 

2 a Member of the House of Representatives or a 

3 Senator has not reimbursed the account as re4 quired under paragraph (1), the Executive Di5 rector of the Federal Retirement Thrift Invest6 ment Board shall make a transfer, from the ac7 count of the individual in the Thrift Savings 

8 Fund to the account described in subsection 

9 (a), of an amount equal to the award or settle10 ment (reduced by any amount the individual 

11 has reimbursed, taking into account any 

12 amounts withheld under paragraph (2)). 

13 ‘‘(B) INITIATION OF TRANSFER.—A trans14 fer under subparagraph (A) shall be initiated by 

15 a written request to the Executive Director 

16 from the Secretary of the Treasury in the form 

17 and manner required by the Executive Director. 

18 ‘‘(4) NOTIFICATION TO OFFICE OF PERSONNEL

19 MANAGEMENT AND SECRETARY OF THE TREAS20 URY.—If, at the time an individual is first no longer 

21 receiving compensation as a Member or a Senator, 

22 the amounts withheld under this subsection have not 

23 been sufficient to reimburse the account described in 

24 subsection (a) for an award or settlement described 

25 in paragraph (1), the payroll administrator— 


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1 ‘‘(A) shall notify the Director of the Office 

2 of Personnel Management, who shall take such 

3 actions as the Director considers appropriate to 

4 withhold from any annuity payable to the indi5 vidual under chapter 83 or chapter 84 of title 

6 5, United States Code, and transfer to the ac7 count described in subsection (a), such amounts 

8 as may be necessary to reimburse the account 

9 for the payment; and 

10 ‘‘(B) shall notify the Secretary of the 

11 Treasury, who (if necessary), notwithstanding 

12 section 207 of the Social Security Act (42 

13 U.S.C. 407), shall take such actions as the Sec14 retary of the Treasury considers appropriate to 

15 withhold from any payment to the individual 

16 under title II of the Social Security Act and 

17 transfer to the account described in subsection 

18 (a), such amounts as may be necessary to reim19 burse the account for the payment. 

20 ‘‘(5) COORDINATION BETWEEN OPM AND

21 TREASURY.—The Director of the Office of Personnel 

22 Management and the Secretary of the Treasury shall 

23 carry out paragraph (4) in a manner that ensures 

24 the coordination of the withholding and transferring 

25 of amounts under such paragraph, in accordance 


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1 with regulations promulgated by the Director and 

2 the Secretary. 

3 ‘‘(6) PAYROLL ADMINISTRATOR DEFINED.—In 

4 this section, the term ‘payroll administrator’ 

5 means— 

6 ‘‘(A) in the case of an individual who is a 

7 Member of the House of Representatives, the 

8 Chief Administrative Officer of the House of 

9 Representatives, or an employee of the Office of 

10 the Chief Administrative Officer who is des11 ignated by the Chief Administrative Officer to 

12 carry out this subsection; or 

13 ‘‘(B) in the case of an individual who is a 

14 Senator, the Secretary of the Senate, or an em15 ployee of the Office of the Secretary of the Sen16 ate who is designated by the Secretary to carry 

17 out this subsection. 

18 ‘‘(7) RIGHT TO INTERVENE.—An individual 

19 who is subject to the reimbursement requirement of 

20 this subsection shall have the right to intervene in 

21 any mediation, hearing, or civil action under this 

22 title to the extent necessary to protect the interests 

23 of the individual in the determination of whether an 

24 award or settlement described in paragraph (1) 

25 should be made, and the amount of any such award 


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1 or settlement, except that nothing in this paragraph 

2 may be construed to require the covered employee 

3 who filed the claim to be deposed by counsel for the 

4 individual in a deposition which is separate from any 

5 other deposition taken from the employee in connec6 tion with the hearing or civil action.’’. 

7 (b) CONFORMING AMENDMENT RELATING TO

8 THRIFT SAVINGS FUND.—Section 8437(e) of title 5, 

9 United States Code, is amended by striking ‘‘or an obliga10 tion’’ and inserting the following: ‘‘an obligation of the Ex11 ecutive Director to make a transfer under section 

12 415(d)(3) of the Congressional Accountability Act of 

13 1995, or an obligation’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 subsection (a) shall apply with respect to payments made 

16 on or after the date of the enactment of this Act. 

17 SEC. 112. AUTOMATIC REFERRAL TO CONGRESSIONAL ETH18 ICS COMMITTEES OF DISPOSITION OF CER19 TAIN CLAIMS ALLEGING VIOLATIONS OF 

20 CONGRESSIONAL ACCOUNTABILITY ACT OF 

21 1995 INVOLVING MEMBERS OF CONGRESS. 

22 Section 416(e) (2 U.S.C. 1416(d)) is amended to 

23 read as follows: 


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1 ‘‘(e) AUTOMATIC REFERRALS TO CONGRESSIONAL

2 ETHICS COMMITTEES OF DISPOSITIONS OF CLAIMS IN3 VOLVING MEMBERS OF CONGRESS.— 

4 ‘‘(1) REFERRAL.—Upon the final disposition 

5 under this title of a claim alleging a violation de6 scribed in section 415(d)(1)(B) which consists of an 

7 act committed personally by a Member of the House 

8 of Representatives (including a Delegate or Resident 

9 Commissioner to the Congress) or a Senator, the 

10 Executive Director shall refer the claim to— 

11 ‘‘(A) the Committee on Ethics of the 

12 House of Representatives, in the case of a 

13 Member of the House (including a Delegate or 

14 Resident Commissioner to the Congress); or 

15 ‘‘(B) the Select Committee on Ethics of 

16 the Senate, in the case of a Senator. 

17 ‘‘(2) ACCESS TO RECORDS AND INFORMA18 TION.—If the Executive Director refers a claim to a 

19 Committee under paragraph (1), the Executive Di20 rector shall provide the Committee with access to the 

21 records of any investigations, hearings, or decisions 

22 of the hearing officers and the Board under this 

23 title, and any information relating to an award or 

24 settlement paid, in response to such claim. 


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1 ‘‘(3) PROTECTION OF PERSONALLY IDENTIFI2 ABLE INFORMATION.—If a Committee to which a 

3 claim is referred under paragraph (1) issues a report 

4 with respect to the claim, the Committee shall en5 sure that the report does not directly disclose the 

6 identity or position of the individual who filed the 

7 claim. 

8 ‘‘(4) FINAL DISPOSITION DESCRIBED.—In this 

9 subsection, the ‘final disposition’ of a claim means 

10 any of the following: 

11 ‘‘(A) An order or agreement to pay an 

12 award or settlement. 

13 ‘‘(B) A final decision of a hearing officer 

14 under section 405(g). 

15 ‘‘(C) A final decision of the Board under 

16 section 406(e). 

17 ‘‘(D) A final decision in a civil action 

18 under section 408.’’. 

19 SEC. 113. AVAILABILITY OF REMOTE WORK ASSIGNMENT 

20 OR PAID LEAVE OF ABSENCE DURING PEND21 ENCY OF PROCEDURES. 

22 (a) IN GENERAL.—Title IV (2 U.S.C. 1401 et seq.) 

23 is amended by adding at the end the following new section: 


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1 ‘‘SEC. 417. AVAILABILITY OF REMOTE WORK ASSIGNMENT 

2 OR PAID LEAVE OF ABSENCE DURING PEND3 ENCY OF PROCEDURES. 

4 ‘‘(a) OPTIONS FOR EMPLOYEES.— 

5 ‘‘(1) REMOTE WORK ASSIGNMENT.—At the re6 quest of a covered employee who files a claim alleg7 ing a violation of part A of title II by the covered 

8 employee’s employing office, during the pendency of 

9 any of the procedures available under this title for 

10 consideration of the claim, the employing office may 

11 permit the covered employee to carry out the em12 ployee’s responsibilities from a remote location in13 stead of from the location of the employing office. 

14 ‘‘(2) EXCEPTION FOR WORK ASSIGNMENTS RE15 QUIRED TO BE CARRIED OUT ONSITE.—If, in the de16 termination of the covered employee’s employing of17 fice, a covered employee who makes a request under 

18 this subsection cannot carry out the employee’s re19 sponsibilities from a remote location, the employing 

20 office may grant paid leave of absence to a covered 

21 employee during the pendency of the procedures 

22 available under this title for the covered employee. 

23 ‘‘(3) ENSURING NO RETALIATION.—An employ24 ing office may not grant a covered employee’s re25 quest under this subsection in a manner which 


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1 would constitute reprisal or retaliation under section 

2 207. 

3 ‘‘(b) EXCEPTION FOR ARRANGEMENTS SUBJECT TO

4 COLLECTIVE BARGAINING AGREEMENTS.—Subsection (a) 

5 does not apply to the extent that it is inconsistent with 

6 the terms and conditions of any collective bargaining 

7 agreement which is in effect with respect to an employing 

8 office.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 is amended by adding at the end of the items relating to 

11 tile IV the following new item: 

‘‘Sec. 417. Availability of remote work assignment or paid leave of absence during pendency of procedures.’’. 

12 SEC. 114. MODIFICATION OF RULES ON CONFIDENTIALITY 

13 OF PROCEEDINGS. 

14 (a) CLAIMS AND INVESTIGATIONS.—Section 416(a) 

15 (2 U.S.C. 1416(a)) is amended to read as follows: 

16 ‘‘(a) CLAIMS AND INVESTIGATIONS.—The filing of a 

17 claim under section 402 and any investigation of a claim 

18 under section 403 shall be confidential. Nothing in this 

19 subsection may be construed to prohibit a covered em20 ployee or an employing office from disclosing any informa21 tion related to the claim (including information related to 

22 the defense of the claim) in the course of any proceeding 

23 under this title.’’. 


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1 (b) MEDIATION.—Section 416(b) (2 U.S.C. 1416(b)) 

2 is amended by striking ‘‘All mediation’’ and inserting ‘‘All 

3 information discussed or disclosed in the course of any me4 diation’’. 

5 SEC. 115. REIMBURSEMENT BY OTHER EMPLOYING OF6 FICES OF LEGISLATIVE BRANCH OF PAY7 MENTS OF CERTAIN AWARDS AND SETTLE8 MENTS. 

9 (a) REQUIRING REIMBURSEMENT.—Section 415 (2 

10 U.S.C. 1415), as amended by section 111, is further 

11 amended by adding at the end the following new sub12 section: 

13 ‘‘(e) REIMBURSEMENT BY EMPLOYING OFFICES.— 

14 ‘‘(1) NOTIFICATION OF PAYMENTS MADE FROM

15 ACCOUNT.—As soon as practicable after the Execu16 tive Director is made aware that a payment of an 

17 award or settlement under this chapter has been 

18 made from the account described in subsection (a) 

19 in connection with a claim alleging a violation of sec20 tion 201(a) by an employing office (other than an 

21 employing office of the House of Representatives or 

22 an employing office of the Senate), the Executive 

23 Director shall notify the head of the employing office 

24 that the payment has been made, and shall include 


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1 in the notification a statement of the amount of the 

2 payment. 

3 ‘‘(2) REIMBURSEMENT BY OFFICE.—Not later 

4 than 180 days after receiving a notification from the 

5 Executive Director under paragraph (1), the head of 

6 the employing office involved shall transfer to the ac7 count described in subsection (a), out of any funds 

8 available for operating expenses of the office, a pay9 ment equal to the amount specified in the notifica10 tion. 

11 ‘‘(3) TIMETABLE AND PROCEDURES FOR REIM12 BURSEMENT.—The head of an employing office shall 

13 transfer a payment under paragraph (2) in accord14 ance with such timetable and procedures as may be 

15 established under regulations promulgated by the 

16 Office.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall apply with respect to payments made 

19 under section 415 of the Congressional Accountability Act 

20 of 1995 on or after the date of the enactment of this Act. 


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1 TITLE II—IMPROVING OPER2 ATIONS OF OFFICE OF COM3 PLIANCE 

4 SEC. 201. SEMIANNUAL REPORTS ON CLAIMS, AWARDS, AND 

5 SETTLEMENTS. 

6 (a) REQUIRING SUBMISSION AND PUBLICATION OF

7 REPORTS.—Section 301(h) (2 U.S.C. 1381(h)) is amend8 ed— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (2); 

11 (2) by striking the period at the end of para12 graph (3) and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

15 ‘‘(4) in addition to compiling and publishing the 

16 statistics described in paragraph (3), not later than 

17 45 days after the first 6-month period of each cal18 endar year, and not later than 45 days after the 

19 next 6-month period of each calendar year, submit 

20 to Congress and publish on the Office’s public 

21 website a report listing each award or settlement 

22 which was paid during the previous year from the 

23 account described in section 415(a) as the result of 

24 a claim alleging a violation of part A of title II, in25 cluding the employing office involved, the amount of 


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1 the award or settlement, the provision of part A of 

2 title II which was the subject of the claim, and (in 

3 the case of an award or settlement resulting from a 

4 violation described in section 415(d)(1)(B) which 

5 was committed personally by a Member or former 

6 Member of Congress), whether the Member or 

7 former Member has met the requirement of section 

8 415(d) to reimburse the account for the amount of 

9 the award or settlement, except that such report 

10 may not disclose the identity or position of an indi11 vidual who filed the claim.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall apply with respect to 2018 and each 

14 succeeding year. 

15 SEC. 202. WORKPLACE CLIMATE SURVEYS OF EMPLOYING 

16 OFFICES. 

17 (a) REQUIRING SURVEYS.—Title III (2 U.S.C. 1381 

18 et seq.) is amended by adding at the end the following 

19 new section: 

20 ‘‘SEC. 307. WORKPLACE CLIMATE SURVEYS OF EMPLOYING 

21 OFFICES. 

22 ‘‘(a) REQUIREMENT TO CONDUCT SURVEYS.—Not 

23 later than 1 year after the date of the enactment of this 

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1 duct a survey of employing offices under this Act regard2 ing the workplace environment of such offices. 

3 ‘‘(b) SPECIAL INCLUSION OF INFORMATION ON SEX4 UAL HARASSMENT.—In each survey conducted under this 

5 section, the Office shall survey respondents on attitudes 

6 regarding sexual harassment. 

7 ‘‘(c) METHODOLOGY.— 

8 ‘‘(1) IN GENERAL.—The Office shall conduct 

9 each survey under this section in accordance with 

10 methodologies established by the Office. 

11 ‘‘(2) CONFIDENTIALITY.—Under the meth12 odologies established under paragraph (1), all re13 sponses to all portions of the survey shall be anony14 mous and confidential, and each respondent shall be 

15 told throughout the survey that all responses shall 

16 be anonymous and confidential. 

17 ‘‘(d) USE OF RESULTS OF SURVEYS.—The Office 

18 shall furnish the information obtained from the surveys 

19 conducted under this section to the Committee on House 

20 Administration of the House of Representatives and the 

21 Committee on Homeland Security and Governmental Af22 fairs of the Senate. 

23 ‘‘(e) CONSULTATION WITH COMMITTEES.—The Of24 fice shall carry out this section, including establishment 

25 of methodologies and procedures under subsection (c), in 


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1 consultation with the Committee on House Administration 

2 of the House of Representatives and the Committee on 

3 Homeland Security and Governmental Affairs of the Sen4 ate. 

5 ‘‘(f) INCLUSION OF LIBRARY OF CONGRESS.—For 

6 purposes of this section, the Library of Congress shall be 

7 considered an employing office.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 is amended by adding at the end of the items relating to 

10 title III the following new item: 

‘‘Sec. 307. Workplace climate surveys of employing offices.’’. 

11 SEC. 203. RECORD RETENTION. 

12 Section 301 (2 U.S.C. 1381) is amended by adding 

13 at the end the following new subsection: 

14 ‘‘(l) RECORD RETENTION.—The Office shall establish 

15 and maintain a program for the permanent retention of 

16 its records, including the records of investigations, medi17 ations, hearings, and other proceedings conducted under 

18 title IV.’’. 

19 SEC. 204. GAO STUDY OF MANAGEMENT PRACTICES. 

20 (a) STUDY.—The Comptroller General of the United 

21 States shall conduct a study of the management practices 

22 of the Office of Compliance. 

23 (b) REPORT TO CONGRESS.—Not later than 180 days 

24 after the date of the enactment of this Act, the Comp25 troller General of the United States shall submit to ConVerDate Sep 11 2014 03:15 Jan 20, 2018 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4822.IH H4822

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1 gress a report on the study conducted under subsection 

2 (a), and shall include in the report such recommendations 

3 as the Comptroller General considers appropriate for im4 provements to the management practices of the Office of 

5 Compliance. 

6 SEC. 205. GAO AUDIT OF CYBERSECURITY. 

7 (a) AUDIT.—The Comptroller General of the United 

8 States shall conduct an audit of the cybersecurity systems 

9 and practices of the Office of Compliance. 

10 (b) REPORT TO CONGRESS.—Not later than 180 days 

11 after the date of the enactment of this Act, the Comp12 troller General of the United States shall submit to Con13 gress a report on the audit conducted under subsection 

14 (a), and shall include in the report such recommendations 

15 as the Comptroller General considers appropriate for im16 provements to the cybersecurity systems and practices of 

17 the Office of Compliance. 

18 TITLE III—MISCELLANEOUS 

19 REFORMS 

20 SEC. 301. EXTENSION TO UNPAID STAFF OF RIGHTS AND 

21 PROTECTIONS AGAINST EMPLOYMENT DIS22 CRIMINATION. 

23 (a) EXTENSION.—Section 201 (2 U.S.C. 1311) is 

24 amended— 


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1 (1) by redesignating subsection (d) as sub2 section (e); and 

3 (2) by inserting after subsection (c) the fol4 lowing new subsection: 

5 ‘‘(d) APPLICATION TO UNPAID STAFF.— 

6 ‘‘(1) IN GENERAL.—Subsections (a) and (b) 

7 shall apply with respect to any staff of an employing 

8 office who carry out official duties of the employing 

9 office but who are not paid by the employing office 

10 for carrying out such duties, including an intern (in11 cluding an applicant for an internship and a former 

12 intern), an individual detailed to an employing office, 

13 and an individual participating in a fellowship pro14 gram, in the same manner and to the same extent 

15 as such subsections apply with respect to an em16 ployee. 

17 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

18 paragraph (1) may be construed to extend liability 

19 for a violation of subsection (a) to an employing of20 fice on the basis of an action taken by any person 

21 who is not under the supervision or control of the 

22 employing office. 

23 ‘‘(3) INTERN DEFINED.—The term ‘intern’ 

24 means an individual who performs service for an em25 ploying office which is uncompensated by the United 


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1 States to earn credit awarded by an educational in2 stitution or to learn a trade or occupation, and in3 cludes any individual participating in a page pro4 gram operated by any House of Congress.’’. 

5 (b) TECHNICAL CORRECTION RELATING TO OFFICE

6 RESPONSIBLE FOR DISBURSEMENT OF PAY TO HOUSE

7 EMPLOYEES.—Section 101(7) (2 U.S.C. 1301(7)) is 

8 amended by striking ‘‘disbursed by the Clerk of the House 

9 of Representatives’’ and inserting ‘‘disbursed by the Chief 

10 Administrative Officer of the House of Representatives’’. 

11 SEC. 302. COVERAGE OF EMPLOYEES OF LIBRARY OF CON12 GRESS. 

13 (a) COVERAGE FOR PURPOSES OF PROTECTIONS

14 AGAINST WORKPLACE DISCRIMINATION.—Section 201 (2 

15 U.S.C. 1311), as amended by section 301(a), is further 

16 amended— 

17 (1) by redesignating subsection (e) as sub18 section (f); and 

19 (2) by inserting after subsection (d) the fol20 lowing new subsection: 

21 ‘‘(e) COVERAGE OF LIBRARY OF CONGRESS.—For 

22 purposes of this section— 

23 ‘‘(1) the Library of Congress shall be consid24 ered an employing office; and 


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1 ‘‘(2) the employees of the Library of Congress 

2 shall be considered covered employees.’’. 

3 (b) CONFORMING AMENDMENT RELATING TO SPE4 CIAL RULE FOR AVAILABLE PROCEDURES.—Section 

5 401(c) (2 U.S.C. 1401(c)), as amended by section 101(a), 

6 is amended— 

7 (1) in the heading, by striking ‘‘ARCHITECT OF

8 THE CAPITOL AND CAPITOL POLICE’’ and inserting 

9 ‘‘ARCHITECT OF THE CAPITOL, CAPITOL POLICE, 

10 AND LIBRARY OF CONGRESS’’; and 

11 (2) by striking ‘‘the Office of the Architect of 

12 the Capitol or of the Capitol Police’’ and inserting 

13 ‘‘the Office of the Architect of the Capitol, the Cap14 itol Police, or the Library of Congress’’; and 

15 (3) by striking ‘‘Architect of the Capitol or the 

16 Capitol Police’’ and inserting ‘‘Architect of the Cap17 itol, the Capitol Police, or the Library of Congress 

18 (as the case may be)’’. 

19 (c) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—The amendments made by 

21 subsection (a) shall apply with respect to claims al22 leging violations of part A of title II of the Congres23 sional Accountability Act of 1995 which are first 

24 made on or after the date of the enactment of this 

25 Act. 


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1 (2) TREATMENT OF PENDING CLAIMS UNDER

2 EXISTING PROCEDURES.—If, as of the date of the 

3 enactment of this Act, an employee of the Library 

4 of Congress has or could have filed a charge or com5 plaint pursuant to procedures of the Library of Con6 gress which were available to the employee prior to 

7 such date for the resolution of a claim alleging a vio8 lation of a provision of law made applicable to the 

9 Library under section 201(a) (including procedures 

10 applicable pursuant to a collective bargaining agree11 ment), the employee may complete, or initiate and 

12 complete, all such procedures, and such procedures 

13 shall remain in effect with respect to, and provide 

14 the exclusive procedures for, that charge or com15 plaint until the completion of all such procedures. 

16 SEC. 303. CLARIFICATION OF COVERAGE OF EMPLOYEES 

17 OF HELSINKI AND CHINA COMMISSIONS. 

18 (a) CLARIFICATION OF COVERAGE.—Section 101 (2 

19 U.S.C. 1301) is amended— 

20 (1) by striking ‘‘Except as otherwise’’ and in21 serting ‘‘(a) IN GENERAL.—Except as otherwise’’; 

22 and 

23 (2) by adding at the end the following new sub24 section: 


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1 ‘‘(b) CLARIFICATION OF COVERAGE OF EMPLOYEES

2 OF CERTAIN COMMISSIONS.— 

3 ‘‘(1) COVERAGE.—With respect to the China 

4 Review Commission, the Congressional-Executive 

5 China Commission, and the Helsinki Commission— 

6 ‘‘(A) any individual who is an employee of 

7 such Commission shall be considered a covered 

8 employee for purposes of this Act; and 

9 ‘‘(B) the Commission shall be considered 

10 an employing office for purposes of this Act. 

11 ‘‘(2) AUTHORITY TO PROVIDE LEGAL ASSIST12 ANCE AND REPRESENTATION.—Subject to paragraph 

13 (3), legal assistance and representation under this 

14 Act, including assistance and representation with re15 spect to the proposal or acceptance of the disposition 

16 of a claim under this Act, shall be provided to the 

17 China Review Commission, the Congressional-Execu18 tive China Commission, and the Helsinki Commis19 sion— 

20 ‘‘(A) by the House Employment Counsel of 

21 the House of Representatives, in the case of as22 sistance and representation in connection with a 

23 claim filed under title IV (including all subse24 quent proceedings under such title in connec25 tion with the claim) at a time when the chair 


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1 of the Commission is a Member of the House; 

2 or 

3 ‘‘(B) by the Senate Chief Counsel for Em4 ployment of the Senate, in the case of assist5 ance and representation in connection with a 

6 claim filed under title IV (including all subse7 quent proceedings under such title in connec8 tion with the claim) at a time when the chair 

9 of the Commission is a Senator. 

10 ‘‘(3) DEFINITIONS.—In this subsection— 

11 ‘‘(A) the term ‘China Review Commission’ 

12 means the United States-China Economic and 

13 Security Review Commission established under 

14 section 1238 of the Floyd D. Spence National 

15 Defense Authorization Act of 2001 (Public Law 

16 106–398; 22 U.S.C. 7002); 

17 ‘‘(B) the term ‘Congressional-Executive 

18 China Commission’ means the Congressional– 

19 Executive Commission on the People’s Republic 

20 of China established under title III of the U.S.– 

21 China Relations Act of 2000 (Public Law 106– 

22 286; 22 U.S.C. 6911 et seq.); and 

23 ‘‘(C) the term ‘Helsinki Commission’ 

24 means the Commission on Security and Co25 operation in Europe established under the Act 


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1 entitled ‘An Act to establish a Commission on 

2 Security and Cooperation in Europe’ (Public 

3 Law 94–304; 22 U.S.C. 3001 et seq.).’’. 

4 (b) COVERAGE OF STENNIS CENTER.— 

5 (1) TREATMENT OF EMPLOYEES AS COVERED

6 EMPLOYEES.—Section 101(3) (2 U.S.C. 1301(3)) is 

7 amended— 

8 (A) by striking ‘‘or’’ at the end of subpara9 graph (H); 

10 (B) by striking the period at the end of 

11 subparagraph (I) and inserting ‘‘; or’’; and 

12 (C) by adding at the end the following new 

13 subparagraph: 

14 ‘‘(J) the John C. Stennis Center for Public 

15 Service Training and Development.’’. 

16 (2) TREATMENT OF CENTER AS EMPLOYING OF17 FICE.—Section 101(9)(D) (2 U.S.C. 1301(9)(D)) is 

18 amended by striking ‘‘and the Office of Technology 

19 Assessment’’ and inserting the following: ‘‘the Office 

20 of Technology Assessment, and the John C. Stennis 

21 Center for Public Service Training and Develop22 ment’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect as if included in the enact25 ment of the Congressional Accountability Act of 1995. 


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1 SEC. 304. TRAINING AND EDUCATION PROGRAMS OF 

2 OTHER EMPLOYING OFFICES. 

3 (a) REQUIRING OFFICES TO DEVELOP AND IMPLE4 MENT PROGRAMS.—Title V (2 U.S.C. 1431 et seq.) is 

5 amended— 

6 (1) by redesignating section 509 as section 510; 

7 and 

8 (2) by inserting after section 508 the following 

9 new section: 

10 ‘‘SEC. 509. TRAINING AND EDUCATION PROGRAMS OF EM11 PLOYING OFFICES. 

12 ‘‘(a) REQUIRING OFFICES TO DEVELOP AND IMPLE13 MENT PROGRAMS.—Each employing office shall develop 

14 and implement a program to train and educate covered 

15 employees of the office in the rights and protections pro16 vided under this Act, including the procedures available 

17 under title IV to consider alleged violations of this Act. 

18 ‘‘(b) REPORT TO COMMITTEES.— 

19 ‘‘(1) IN GENERAL.—Not later than 45 days 

20 after the beginning of each Congress (beginning with 

21 the One Hundred Sixteenth Congress), each employ22 ing office shall submit a report to the Committee on 

23 House Administration of the House of Representa24 tives and the Committee on Rules and Administra25 tion of the Senate on the implementation of the pro26 gram required under subsection (a). 


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1 ‘‘(2) SPECIAL RULE FOR FIRST REPORT.—Not 

2 later than 180 days after the date of the enactment 

3 of the Congressional Accountability Act of 1995 Re4 form Act, each employing office shall submit the re5 port described in paragraph (1) to the Committees 

6 described in such paragraph. 

7 ‘‘(c) EXCEPTION FOR OFFICES OF CONGRESS.—This 

8 section does not apply to an employing office of the House 

9 of Representatives or an employing office of the Senate.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 is amended— 

12 (1) by redesignating the item relating to section 

13 509 as relating to section 510; and 

14 (2) by inserting after the item relating to sec15 tion 508 the following new item: 

‘‘Sec. 509. Training and education programs of employing offices.’’. 

16 SEC. 305. RENAMING OFFICE OF COMPLIANCE AS OFFICE 

17 OF CONGRESSIONAL WORKPLACE RIGHTS. 

18 (a) RENAMING.—Section 301 of the Congressional 

19 Accountability Act of 1995 (2 U.S.C. 1381 et seq.) is 

20 amended— 

21 (1) in the heading, by striking ‘‘OFFICE OF

22 COMPLIANCE’’ and inserting ‘‘OFFICE OF CON23 GRESSIONAL WORKPLACE RIGHTS’’; and 


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1 (2) in subsection (a), by striking ‘‘Office of 

2 Compliance’’ and inserting ‘‘Office of Congressional 

3 Workplace Rights’’. 

4 (b) CONFORMING AMENDMENTS TO CONGRESSIONAL

5 ACCOUNTABILITY ACT OF 1995.—The Congressional Ac6 countability Act of 1995 is amended as follows: 

7 (1) In section 101(1) (2 U.S.C. 1301(1)), by 

8 striking ‘‘Office of Compliance’’ and inserting ‘‘Of9 fice of Congressional Workplace Rights’’. 

10 (2) In section 101(2) (2 U.S.C. 1301(2)), by 

11 striking ‘‘Office of Compliance’’ and inserting ‘‘Of12 fice of Congressional Workplace Rights’’. 

13 (3) In section 101(3)(H) (2 U.S.C. 

14 1301(3)(H)), by striking ‘‘Office of Compliance’’ 

15 and inserting ‘‘Office of Congressional Workplace 

16 Rights’’. 

17 (4) In section 101(9)(D) (2 U.S.C. 

18 1301(9)(D)), by striking ‘‘Office of Compliance’’ and 

19 inserting ‘‘Office of Congressional Workplace 

20 Rights’’. 

21 (5) In section 101(10) (2 U.S.C. 1301(10)), by 

22 striking ‘‘Office of Compliance’’ and inserting ‘‘Of23 fice of Congressional Workplace Rights’’. 


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1 (6) In section 101(11) (2 U.S.C. 1301(11)), by 

2 striking ‘‘Office of Compliance’’ and inserting ‘‘Of3 fice of Congressional Workplace Rights’’. 

4 (7) In section 101(12) (2 U.S.C. 1301(12)), by 

5 striking ‘‘Office of Compliance’’ and inserting ‘‘Of6 fice of Congressional Workplace Rights’’. 

7 (8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), 

8 by striking ‘‘Office of Compliance’’ and inserting 

9 ‘‘Office of Congressional Workplace Rights’’. 

10 (9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), 

11 by striking ‘‘Office of Compliance’’ and inserting 

12 ‘‘Office of Congressional Workplace Rights’’. 

13 (10) In section 220(e)(2)(G) (2 U.S.C. 

14 1351(e)(2)(G)), by striking ‘‘Office of Compliance’’ 

15 and inserting ‘‘Office of Congressional Workplace 

16 Rights’’. 

17 (11) In the heading of title III, by striking 

18 ‘‘OFFICE OF COMPLIANCE’’ and inserting 

19 ‘‘OFFICE OF CONGRESSIONAL WORK20 PLACE RIGHTS’’. 

21 (12) In section 304(c)(4) (2 U.S.C. 

22 1384(c)(4)), by striking ‘‘Office of Compliance’’ and 

23 inserting ‘‘Office of Congressional Workplace 

24 Rights’’. 


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1 (13) In section 304(c)(5) (2 U.S.C. 

2 1384(c)(5)), by striking ‘‘Office of Compliance’’ and 

3 inserting ‘‘Office of Congressional Workplace 

4 Rights’’. 

5 (c) CLERICAL AMENDMENTS.—The table of contents 

6 is amended— 

7 (1) by amending the item relating to the head8 ing of title III to read as follows: 

‘‘TITLE III—OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS’’; 

9 and 

10 (2) by amending the item relating to section 

11 301 to read as follows: 

‘‘Sec. 301. Office of Congressional Workplace Rights.’’. 

12 (d) REFERENCES IN OTHER LAWS, RULES, AND

13 REGULATIONS.—Any reference to the Office of Compli14 ance in any law, rule, regulation, or other official paper 

15 in effect as of the effective date of this Act shall be consid16 ered to refer and apply to the Office of Congressional 

17 Workplace Rights. 

18 TITLE IV—HOUSE OF 

19 REPRESENTATIVES REFORMS 

20 SEC. 401. MANDATORY ANTI-HARASSMENT AND ANTI-DIS21 CRIMINATION POLICIES FOR HOUSE OF22 FICES. 

23 (a) REQUIRING OFFICES TO ADOPT POLICY.—Each 

24 employing office of the House of Representatives shall 


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1 adopt an anti-harassment and anti-discrimination policy 

2 for the office’s workplace. 

3 (b) REGULATIONS.—Not later than June 1, 2018, 

4 the Committee on House Administration shall promulgate 

5 regulations to carry out this section, and shall ensure that 

6 such regulations are consistent with the requirements of 

7 the Congressional Accountability Act of 1995, the Code 

8 of Official Conduct under rule XXIII of the Rules of the 

9 House of Representatives, and other relevant laws, rules, 

10 and regulations. 

11 SEC. 402. OFFICE OF EMPLOYEE ADVOCACY. 

12 (a) ESTABLISHMENT.—There is established in the 

13 Office of the Chief Administrative Officer of the House 

14 of Representatives the Office of Employee Advocacy (here15 after in this section referred to as the ‘‘Office’’). 

16 (b) FUNCTIONS.— 

17 (1) LEGAL ASSISTANCE, CONSULTATION, AND

18 REPRESENTATION.—Subject to subsection (c), the 

19 Office shall carry out the following functions: 

20 (A) Providing legal assistance and con21 sultation regarding procedures under the Con22 gressional Accountability Act of 1995 and pro23 cedures applicable to civil actions arising from 

24 claims made under such Act, including— 


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1 (i) the roles and responsibilities of the 

2 Office of Compliance, the Office of the 

3 House Employment Counsel, and similar 

4 authorities; 

5 (ii) any proceedings conducted under 

6 such Act or pursuant to a civil action 

7 which the employee may observe; 

8 (iii) the authority of the General 

9 Counsel of the Office of Compliance to 

10 compel cooperation and testimony under 

11 an investigation conducted under section 

12 403 of such Act and the authority of a 

13 hearing officer to compel cooperation and 

14 testimony under proceedings held under 

15 section 405 of such Act; and 

16 (iv) the employee’s duties relating to 

17 such proceedings, including the responsi18 bility to testify. 

19 (B) Providing legal assistance and rep20 resentation— 

21 (i) in personal civil legal matters re22 lated to the employee’s claim under such 

23 Act (other than a civil action filed under 

24 section 408 of such Act); and 


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1 (ii) in any proceedings of the Office of 

2 Compliance, the Committee on Ethics of 

3 the House of Representatives (including 

4 the Office of Congressional Ethics), or any 

5 other administrative or judicial body re6 lated to the employee’s claim. 

7 (C) Operating a hotline through which cov8 ered employees of the House may contact the 

9 Office. 

10 (2) AUTHORITY TO PROVIDE ASSISTANCE IN

11 ANY JURISDICTION.—Notwithstanding any law re12 garding the licensure of attorneys, an attorney who 

13 is employed by the Office and is authorized to pro14 vide legal assistance and representation under this 

15 section is authorized to provide that assistance and 

16 representation in any jurisdiction, subject to such 

17 regulations as may be prescribed by the Office. 

18 (3) NATURE OF RELATIONSHIP.—The relation19 ship between the Office and an employee to whom 

20 the Office provides legal assistance and representa21 tion under this section shall be the relationship be22 tween an attorney and client. 

23 (4) PROHIBITING ACCEPTANCE OF AWARD OF

24 ATTORNEY FEES OR OTHER COSTS.—The Office may 

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1 tion expenses and costs under any hearing or civil 

2 action brought under the Congressional Account3 ability Act of 1995. 

4 (c) PROHIBITING PROVISION OF ASSISTANCE UPON

5 FILING OF CIVIL ACTION.—If a covered employee of the 

6 House who has filed a claim under section 402 of the Con7 gressional Accountability Act of 1995 files a civil action 

8 with respect to the claim involved, as provided in section 

9 408 of such Act, the Office may not provide assistance 

10 under this section to the employee at any time after the 

11 employee files such action. 

12 (d) DIRECTOR.— 

13 (1) APPOINTMENT.—The Office shall be headed 

14 by a Director who shall be appointed by the Chief 

15 Administrative Officer of the House of Representa16 tives. 

17 (2) QUALIFICATIONS; NONPARTISANSHIP OF PO18 SITION.—The individual appointed as Director shall 

19 be a lawyer who is admitted to practice before the 

20 United States District Court for the District of Co21 lumbia and who has experience in representing em22 ployees in workplace discrimination cases. 

23 (3) COMPENSATION.—The Director shall be 

24 paid at an annual rate established by the Chief Ad25 ministrative Officer. 


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1 (4) REMOVAL.—The Director may be removed 

2 by the Chief Administrative Officer only for cause. 

3 (e) OTHER PERSONNEL.—Subject to regulations of 

4 the Committee on House Administration and with the ap5 proval of the Chief Administrative Officer, the Director 

6 may appoint and fix the compensation of such additional 

7 personnel as the Director determines to be necessary to 

8 carry out the functions of the Office. 

9 (f) NONPARTISANSHIP OF POSITIONS.—The Director 

10 and the other personnel of the Office shall be appointed 

11 without regard to political affiliation and solely on the 

12 basis of fitness to perform the duties of the position. 

13 SEC. 403. FUNCTIONS OF OFFICE OF HOUSE EMPLOYMENT 

14 COUNSEL. 

15 (a) FUNCTIONS DESCRIBED.—The Office of the 

16 House Employment Counsel established under the Office 

17 of the Clerk of the House of Representatives shall carry 

18 out all of the functions which the Office carried out as 

19 of the date of the enactment of this Act, including the 

20 following: 

21 (1) Providing legal assistance and representa22 tion to employing offices of the House with respect 

23 to allegations, claims, and civil actions under the 

24 Congressional Accountability Act of 1995 which are 


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1 brought by covered employees of the House under 

2 such Act. 

3 (2) Providing employing offices of the House 

4 with confidential advice and counseling regarding 

5 compliance with employment laws. 

6 (3) Providing training to managers and employ7 ees regarding employment law compliance. 

8 (b) NO EFFECT ON PENDING PROCEEDINGS.—Noth9 ing in this section may be construed to affect any pro10 ceeding to which the Office is a party that is pending on 

11 the date of the enactment of this Act, including any suit 

12 to which the Office is a party that is commenced prior 

13 to such date. 

14 SEC. 404. REQUIRING INCLUSION OF CERTIFICATIONS ON 

15 PAYROLL AUTHORIZATION FORMS OF HOUSE 

16 OF REPRESENTATIVES OF NO CONNECTION 

17 BETWEEN PAYROLL ACTIONS AND CLAIMS 

18 RELATING TO CONGRESSIONAL ACCOUNT19 ABILITY ACT OF 1995. 

20 (a) REQUIRING INCLUSION OF CERTIFICATION ON

21 FORMS.—The Chief Administrative Officer of the House 

22 of Representatives shall incorporate, as part of the Payroll 

23 Authorization Form used by an office of the House to reg24 ister the appointment of an employee to the office or a 


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1 salary adjustment or title change with respect to an em2 ployee of the office— 

3 (1) a certification to be made by the author4 izing official of the office that the appointment, sal5 ary adjustment, or title change is not made to pay 

6 a settlement or award in connection with conduct 

7 prohibited under the Congressional Accountability 

8 Act of 1995; and 

9 (2) in the case of an office of a Member of the 

10 House, a certification by the Member that any 

11 amounts in the Members’ Representational Allow12 ance for the office which may be used to carry out 

13 the appointment, salary adjustment, or title change 

14 are not being used to pay a settlement or award in 

15 connection with conduct prohibited under such Act. 

16 (b) REQUIRING CERTIFICATION AS CONDITION OF

17 PROCESSING PAYROLL ACTION.—The Chief Administra18 tive Officer may not process any Payroll Authorization 

19 Form with respect to an office of the House if the Form 

20 does not include the certifications required with respect 

21 to that office under subsection (a). 

22 SEC. 405. SEXUAL HARASSMENT AS VIOLATION OF HOUSE 

23 CODE OF OFFICIAL CONDUCT. 

24 Clause 9 of rule XXIII of the Rules of the House 

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1 vidual,’’ and inserting ‘‘such individual, including by com2 mitting an act of sexual harassment against such indi3 vidual,’’. 

4 SEC. 406. SEXUAL RELATIONSHIPS BETWEEN HOUSE MEM5 BERS AND EMPLOYEES AND UNWELCOME 

6 SEXUAL ADVANCES AS VIOLATION OF HOUSE 

7 CODE OF OFFICIAL CONDUCT. 

8 Rule XXIII of the Rules of the House of Representa9 tives is amended— 

10 (1) by redesignating clause 18 as clause 19; 

11 and 

12 (2) by inserting after clause 17 the following 

13 new clause: 

14 ‘‘18.(a) A Member, Delegate, or Resident Commis15 sioner may not engage in a sexual relationship with any 

16 employee of the House who works under the supervision 

17 of the Member, Delegate, or Resident Commissioner. This 

18 paragraph does not apply with respect to any relationship 

19 between two people who are married to each other. 

20 ‘‘(b) A Member, Delegate, Resident Commissioner, 

21 officer, or employee of the House may not engage in un22 welcome sexual advances or conduct towards another 

23 Member, Delegate, Resident Commissioner, officer, or em24 ployee of the House. 


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1 ‘‘(c) In this clause, the term ‘employee’ includes an 

2 applicant for employment, a paid or unpaid intern (includ3 ing an applicant for an internship), a detailee, and an indi4 vidual participating in a fellowship program.’’. 

5 SEC. 407. EFFECT OF FILING OF CLAIM UNDER CONGRES6 SIONAL ACCOUNTABILITY ACT OF 1995 ON 

7 AUTHORITY OF OFFICE OF CONGRESSIONAL 

8 ETHICS TO CONSIDER CLAIMS. 

9 The Office of Congressional Ethics may not initiate 

10 or continue any investigation of a claim alleging a violation 

11 of law made applicable to employing offices of the House 

12 of Representatives under part A of title II of the Congres13 sional Accountability Act of 1995, or make any rec14 ommendations regarding the disposition of such a claim, 

15 if a covered employee files a claim with respect to the al16 leged violation under title IV of such Act. 

17 SEC. 409. EXERCISE OF RULEMAKING AUTHORITY. 

18 The provisions of this title are enacted— 

19 (1) as an exercise of the rulemaking power of 

20 the House of Representatives, and as such they shall 

21 be considered as part of the rules of the House, and 

22 shall supersede other rules only to the extent that 

23 they are inconsistent therewith; and 

24 (2) with full recognition of the constitutional 

25 right of the House to change such rules at any time, 


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1 in the same manner, and to the same extent as in 

2 the case of any other rule of the House. 

3 TITLE V—EFFECTIVE DATE 

4 SEC. 501. EFFECTIVE DATE. 

5 (a) IN GENERAL.—Except as otherwise provided, this 

6 Act and the amendments made by this Act shall take ef7 fect upon the expiration of the 180-day period which be8 gins on the date of the enactment of this Act. 

9 (b) NO EFFECT ON PENDING PROCEEDINGS.—Noth10 ing in this Act or the amendments made by this Act may 

11 be construed to affect any proceeding under title IV of 

12 the Congressional Accountability Act of 1995 which is 

13 pending as of the date of the enactment of this Act. 

Æ 


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