IIB 

115TH CONGRESS 

2D SESSION H. R. 4924 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2018 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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. 

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


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

2 CONTENTS. 

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

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

5 (b) REFERENCES IN ACT.—Except as otherwise ex6 pressly provided, whenever in this Act an amendment is 

7 expressed in terms of an amendment to or repeal of a sec8 tion or other provision, the reference shall be considered 

9 to be made to that section or other provision of the Con10 gressional Accountability Act of 1995 (2 U.S.C. 1301 et 

11 seq.). 

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

13 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 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. 


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TITLE II—IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE 

Sec. 201. 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—EFFECTIVE DATE 

Sec. 401. Effective date. 

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— 


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1 ‘‘(1) the filing of a claim by the covered em2 ployee alleging the violation, as provided in section 

3 402; 

4 ‘‘(2) an investigation of the claim, to be con5 ducted by the General Counsel as provided in section 

6 403; and 

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

8 405, subject to Board review as provided in section 

9 406, and judicial review in the United States Court 

10 of Appeals for the Federal Circuit as provided in 

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

12 conducted by the General Counsel as provided in 

13 section 403, the General Counsel finds either— 

14 ‘‘(A) that there is reasonable cause to be15 lieve that the employing office involved com16 mitted a violation of part A of title II as alleged 

17 in the covered employee’s claim; or 

18 ‘‘(B) that the General Counsel cannot de19 termine whether or not there is reasonable 

20 cause to believe that the employing office com21 mitted a violation of part A of title II as alleged 

22 in the covered employee’s claim. 

23 ‘‘(b) RIGHT OF EMPLOYEE TO FILE CIVIL AC24 TION.— 


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

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

3 the period described in paragraph (3), file a civil ac4 tion in a District Court of the United States with 

5 respect to the alleged violation involved, as provided 

6 in section 408. 

7 ‘‘(2) EFFECT OF FILING CIVIL ACTION.—Not8 withstanding paragraph (2) or paragraph (3) of sub9 section (a), if the covered employee files such a civil 

10 action— 

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

12 General Counsel as provided in section 403, or 

13 any subsequent formal hearing as provided in 

14 section 405, shall terminate upon the filing of 

15 the action by the covered employee; and 

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

17 alleged violation shall not include any further 

18 investigation of the claim by the General Coun19 sel as provided in section 403 or any subse20 quent formal hearing as provided in section 

21 405. 

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

23 period described in this paragraph with respect to a 

24 claim is the 45-day period which begins on the date 


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1 the covered employee files the claim under section 

2 402. 

3 ‘‘(4) SPECIAL RULE FOR EMPLOYEES RECEIV4 ING FINDING OF NO REASONABLE CAUSE UNDER IN5 VESTIGATION BY GENERAL COUNSEL.—Notwith6 standing paragraph (3), if a covered employee re7 ceives a written notice from the General Counsel 

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

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

10 in accordance with section 408, the covered employee 

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

12 receiving such written notice. 

13 ‘‘(c) SPECIAL RULE FOR ARCHITECT OF THE CAP14 ITOL AND CAPITOL POLICE.—In the case of an employee 

15 of the Office of the Architect of the Capitol or of the Cap16 itol Police, the Office, after receiving a claim filed under 

17 section 402, may recommend that the employee use the 

18 grievance procedures of the Architect of the Capitol or the 

19 Capitol Police for resolution of the employee’s grievance 

20 for a specific period of time. 

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

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

23 the authority of any individual, including a covered em24 ployee, the head of an employing office, or an individual 

25 who is alleged to have personally committed an act which 


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

2 to protect the interests of the individual at any point dur3 ing any of the procedures provided under this title for the 

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

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

6 to Members of the House of Representatives and Senators. 

7 ‘‘(e) STANDARDS FOR COUNSEL PROVIDING REP8 RESENTATION.—Any counsel who represents a party in 

9 any of the procedures provided under this title shall have 

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

11 knowledge, information, and belief, as formed after an in12 quiry which is reasonable under the circumstances, each 

13 of the following is correct: 

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

15 paper is presented for any improper purpose, such 

16 as to harass, cause unnecessary delay, or needlessly 

17 increase the cost of resolution of the matter. 

18 ‘‘(2) The claims, defenses, and other legal con19 tentions the counsel advocates are warranted by ex20 isting law or by a nonfrivolous argument for extend21 ing, modifying, or reversing existing law or for es22 tablishing new law. 

23 ‘‘(3) The factual contentions have evidentiary 

24 support or, if specifically so identified, will likely 


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1 have evidentiary support after a reasonable oppor2 tunity for further investigation or discovery. 

3 ‘‘(4) The denials of factual contentions are war4 ranted on the evidence or, if specifically so identi5 fied, are reasonably based on belief or a lack of in6 formation.’’. 

7 (b) CONFORMING AMENDMENT RELATING TO CIVIL

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

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

10 ‘‘section 401’’; 

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

12 under section 402 and mediation under section 

13 403’’; and 

14 (3) by striking the second sentence. 

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

16 amended— 

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

18 and 

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

20 1403) as section 404. 

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

22 is amended— 

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

24 and 


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1 (2) by redesignating the item relating to section 

2 403 as relating to section 404. 

3 SEC. 102. REFORM OF PROCESS FOR INITIATION OF PROCE4 DURES. 

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

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

7 ‘‘SEC. 402. INITIATION OF PROCEDURES. 

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

9 a proceeding under this title, a covered employee alleging 

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

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

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

13 in such form as the Office requires. 

14 ‘‘(b) INITIAL PROCESSING OF CLAIM.— 

15 ‘‘(1) INTAKE AND RECORDING; NOTIFICATION

16 TO EMPLOYING OFFICE.—Upon the filing of a claim 

17 by a covered employee under subsection (a), the Of18 fice shall take such steps as may be necessary for 

19 the initial intake and recording of the claim, includ20 ing providing the employee with all relevant informa21 tion with respect to the rights of the employee under 

22 this title, and shall notify the head of the employing 

23 office of the claim. 


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1 ‘‘(2) SPECIAL NOTIFICATION REQUIREMENTS

2 FOR CLAIMS BASED ON ACTS COMMITTED PERSON3 ALLY BY MEMBERS OF CONGRESS.— 

4 ‘‘(A) IN GENERAL.—In the case of a claim 

5 alleging a violation described in subparagraph 

6 (B) which consists of an act committed person7 ally by an individual who, at the time of com8 mitting the act, was a Member of the House of 

9 Representatives (including a Delegate or Resi10 dent Commissioner to the Congress) or a Sen11 ator, upon the filing of the claim under sub12 section (a), the Office shall notify such indi13 vidual of the claim, the possibility that the indi14 vidual may be required to reimburse the ac15 count described in section 415(a) for the 

16 amount of any award or settlement in connec17 tion with the claim, and the right of the indi18 vidual under section 415(d)(7) to intervene in 

19 any mediation, hearing, or civil action under 

20 this title with respect to the claim. 

21 ‘‘(B) VIOLATIONS DESCRIBED.—A viola22 tion described in this subparagraph is— 

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

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

25 consists of intimidating, taking reprisal 


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1 against, or otherwise discriminating 

2 against any covered employee because the 

3 covered employee has opposed any practice 

4 made unlawful by section 201(a). 

5 ‘‘(c) USE OF ELECTRONIC REPORTING AND TRACK6 ING SYSTEM.— 

7 ‘‘(1) ESTABLISHMENT AND OPERATION OF SYS8 TEM.—The Office shall establish and operate an 

9 electronic reporting system through which a covered 

10 employee may initiate a proceeding under this title, 

11 and which will keep an electronic record of the date 

12 and time at which the proceeding is initiated and 

13 will track all subsequent actions or proceedings oc14 curring with respect to the proceeding under this 

15 title. 

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

17 system shall be accessible to all parties to such ac18 tions or proceedings, but only until the completion of 

19 such actions or proceedings. 

20 ‘‘(3) ASSESSMENT OF EFFECTIVENESS OF PRO21 CEDURES.—The Office shall use the information 

22 contained in the system to make regular assessments 

23 of the effectiveness of the procedures under this title 

24 in providing for the timely resolution of claims, and 

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1 ments each year to the Committee on House Admin2 istration of the House of Representatives and the 

3 Committee on Rules and Administration of the Sen4 ate. 

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

6 a claim under this section with respect to an allegation 

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

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

9 ‘‘(e) NO EFFECT ON ABILITY OF COVERED EM10 PLOYEE TO SEEK INFORMATION FROM OFFICE OR PUR11 SUE RELIEF.—Nothing in this section may be construed 

12 to limit the ability of a covered employee— 

13 ‘‘(1) to contact the Office or any other appro14 priate office prior to filing a claim under this section 

15 to seek information regarding the employee’s rights 

16 under this Act and the procedures available under 

17 this title; 

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

19 employing office of the House of Representatives or 

20 Senate, to refer information regarding an alleged 

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

22 Ethics of the House of Representatives or the Select 

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

24 be); or 


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1 ‘‘(3) to file a civil action in accordance with sec2 tion 401(b).’’. 

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

4 is amended by amending the item relating to section 402 

5 to read as follows: 

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

6 SEC. 103. INVESTIGATION OF CLAIMS BY GENERAL COUN7 SEL. 

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

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

10 further amended by inserting after section 402 the fol11 lowing new section: 

12 ‘‘SEC. 403. INVESTIGATION OF CLAIMS. 

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

14 initial processing of a claim under section 402(b), the Gen15 eral Counsel shall conduct an investigation of the claim 

16 involved. 

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

18 under this section, the General Counsel may issue sub19 poenas in the same manner, and subject to the same terms 

20 and conditions, as a hearing officer may issue subpoenas 

21 to carry out discovery with respect to a hearing under sec22 tion 405, except that the General Counsel may issue such 

23 a subpoena on the General Counsel’s own initiative, with24 out regard to whether or not a party requests that the 

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


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1 Congress that the General Counsel should issue subpoenas 

2 under this subsection only to the extent that other meth3 ods of obtaining information with respect to an investiga4 tion are insufficient to enable the General Counsel to con5 clude the investigation within the deadline described in 

6 subsection (e). 

7 ‘‘(c) REPORT; FINDINGS.— 

8 ‘‘(1) REPORT.—Upon concluding an investiga9 tion of a claim under this section, the General Coun10 sel shall transmit a written report on the results of 

11 the investigation to the covered employee and the 

12 employing office involved. 

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

14 Counsel shall include in the report transmitted 

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

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

17 cause to believe that the employing office com18 mitted a violation of part A of title II, as al19 leged in the covered employee’s claim. 

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

21 cause to believe that the employing office com22 mitted a violation of part A of title II, as al23 leged in the covered employee’s claim. 

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

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1 sonable cause to believe that the employing of2 fice committed a violation of part A of title II, 

3 as alleged in the covered employee’s claim. 

4 ‘‘(3) NOTICE OF RIGHT TO FILE CIVIL AC5 TION.—If the General Counsel transmits a finding 

6 under subparagraph (B) of paragraph (2), the Gen7 eral Counsel shall also transmit to the covered em8 ployee a written notice that the employee has the 

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

10 under section 408. 

11 ‘‘(4) TRANSMISSION TO EXECUTIVE DIREC12 TOR.—If the General Counsel transmits a finding 

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

14 paragraph (2), the General Counsel shall also trans15 mit the report to the Executive Director. 

16 ‘‘(5) TRANSMISSION OF REPORT ON INVESTIGA17 TION OF CERTAIN CLAIMS TO CONGRESSIONAL ETH18 ICS COMMITTEES.— 

19 ‘‘(A) IN GENERAL.—In the case of a report 

20 furnished by the General Counsel under para21 graph (1) on the results of an investigation of 

22 a claim alleging a violation described in sub23 paragraph (B) which consists of an act com24 mitted personally by a Member of the House of 

25 Representatives (including a Delegate or ResiVerDate Sep 11 2014 02:17 Feb 08, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4924.RFS H4924

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1 dent Commissioner to the Congress) or a Sen2 ator, the General Counsel shall transmit the re3 port to— 

4 ‘‘(i) the Committee on Ethics of the 

5 House of Representatives, in the case of a 

6 Member of the House (including a Dele7 gate or Resident Commissioner to the Con8 gress); or 

9 ‘‘(ii) the Select Committee on Ethics 

10 of the Senate, in the case of a Senator. 

11 ‘‘(B) VIOLATIONS DESCRIBED.—A viola12 tion described in this subparagraph is— 

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

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

15 consists of intimidating, taking reprisal 

16 against, or otherwise discriminating 

17 against any covered employee because the 

18 covered employee has opposed any practice 

19 made unlawful by section 201(a). 

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

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

22 the General Counsel may make a recommendation that the 

23 covered employee and the employing office pursue medi24 ation under section 404 with respect to the claim. 


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

2 The General Counsel shall conclude the investigation of 

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

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

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

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

7 investigation) use an additional period of not to exceed 

8 30 days to conclude the investigation.’’. 

9 (b) CONFORMING AMENDMENTS RELATING TO

10 HEARINGS CONDUCTED BY OFFICE OF COMPLIANCE.— 

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

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

13 AND’’. 

14 (2) By amending subsection (a) to read as fol15 lows: 

16 ‘‘(a) REQUIREMENT FOR OFFICE TO CONDUCT

17 HEARINGS.— 

18 ‘‘(1) HEARING REQUIRED UPON CERTAIN FIND19 INGS BY GENERAL COUNSEL.— 

20 ‘‘(A) IN GENERAL.—If the General Coun21 sel transmits to the Executive Director a report 

22 on the investigation of a claim under section 

23 403 which includes a finding described in sub24 paragraph (B), the Office shall conduct a hear25 ing to consider the claim and render a decision. 


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

2 described in this subparagraph is— 

3 ‘‘(i) a finding under section 

4 403(c)(2)(A) that there is reasonable cause 

5 to believe that an employing office com6 mitted a violation of part A of title II, as 

7 alleged in a claim filed by a covered em8 ployee; or 

9 ‘‘(ii) a finding under section 

10 403(c)(2)(C) that the General Counsel 

11 cannot determine whether or not there is 

12 reasonable cause to believe that the em13 ploying office committed a violation of part 

14 A of title II, as alleged in the covered em15 ployee’s claim.’’. 

16 (3) In subsection (c)(1), by striking ‘‘com17 plaint’’ and inserting ‘‘claim’’. 

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

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

20 ‘‘claim’’. 

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

22 than 60 days after filing of the complaint’’ and in23 serting ‘‘no later than 60 days after the Executive 

24 Director receives the General Counsel’s report on the 

25 investigation of the claim’’. 


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

2 and inserting ‘‘claim’’. 

3 (c) OTHER CONFORMING AMENDMENT.—The head4 ing of section 414 (2 U.S.C. 1414) is amended by striking 

5 ‘‘OF COMPLAINTS’’. 

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

7 as amended by section 101(c), is further amended as fol8 lows: 

9 (1) By inserting after the item relating to sec10 tion 402 the following new item: 

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

11 (2) By amending the item relating to section 

12 405 to read as follows: 

‘‘Sec. 405. Hearing.’’. 

13 (3) By amending the item relating to section 

14 414 to read as follows: 

‘‘Sec. 414. Settlement.’’. 

15 SEC. 104. AVAILABILITY OF MEDIATION DURING INVES16 TIGATIONS. 

17 (a) OPTION TO REQUEST MEDIATION.—Section 

18 404(a) (2 U.S.C. 1404(a)), as redesignated by section 

19 101(c), is amended to read as follows: 

20 ‘‘(a) AVAILABILITY OF MEDIATION DURING INVES21 TIGATION.—At any time during the investigation of a cov22 ered employee’s claim under section 403, the covered emVerDate Sep 11 2014 02:17 Feb 08, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4924.RFS H4924

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1 ployee and the employing office may jointly file a request 

2 for mediation with the Office.’’. 

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

4 section 404(c) (2 U.S.C. 1404(c)), as redesignated by sec5 tion 101(c), is amended to read as follows: ‘‘The mediation 

6 period may be extended for one additional period of 30 

7 days at the joint request of the covered employee and em8 ploying office.’’. 

9 (c) REQUIRING PARTIES TO BE SEPARATED DURING

10 MEDIATION AT REQUEST OF EMPLOYEE.—Section 

11 404(b)(2) (2 U.S.C. 1404(b)(2)), as redesignated by sec12 tion 101(c), is amended by striking ‘‘meetings with the 

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

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

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

16 Subtitle B—Other Reforms 

17 SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIM18 BURSE TREASURY FOR AMOUNTS PAID AS 

19 SETTLEMENTS AND AWARDS IN CASES OF 

20 ACTS COMMITTED PERSONALLY BY MEM21 BERS. 

22 (a) MANDATING REIMBURSEMENT OF AMOUNTS

23 PAID.—Section 415 (2 U.S.C. 1415) is amended by add24 ing at the end the following new subsection: 


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1 ‘‘(d) REIMBURSEMENT BY MEMBERS OF CONGRESS

2 OF AMOUNTS PAID AS SETTLEMENTS AND AWARDS.— 

3 ‘‘(1) REIMBURSEMENT REQUIRED FOR CERTAIN

4 VIOLATIONS.— 

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

6 from the account described in subsection (a) for 

7 an award or settlement in connection with a 

8 claim alleging a violation described in subpara9 graph (B) which consists of an act committed 

10 personally by an individual who, at the time of 

11 committing the act, was a Member of the 

12 House of Representatives (including a Delegate 

13 or Resident Commissioner to the Congress) or 

14 a Senator, the individual shall reimburse the ac15 count for the amount of the award or settle16 ment. 

17 ‘‘(B) VIOLATIONS DESCRIBED.—A viola18 tion described in this subparagraph is— 

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

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

21 consists of intimidating, taking reprisal 

22 against, or otherwise discriminating 

23 against any covered employee because the 

24 covered employee has opposed any practice 

25 made unlawful by section 201(a). 


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

2 ‘‘(A) ESTABLISHMENT OF TIMETABLE AND

3 PROCEDURES BY COMMITTEES.—For purposes 

4 of carrying out subparagraph (B), the applica5 ble Committee shall establish a timetable and 

6 procedures for the withholding of amounts from 

7 the compensation of an individual who is a 

8 Member of the House of Representatives or a 

9 Senator. 

10 ‘‘(B) DEADLINE.—The payroll adminis11 trator shall withhold from an individual’s com12 pensation and transfer to the account described 

13 in subsection (a) (after transferring any 

14 amounts to the account of the individual in the 

15 Thrift Savings Fund) such amounts as may be 

16 necessary to reimburse the account for the pay17 ment of an award or settlement described in 

18 paragraph (1) if the individual has not reim19 bursed the account as required under para20 graph (1) prior to the expiration of the 90-day 

21 period which begins on the date a payment is 

22 made from the account for such an award or 

23 settlement. 


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1 ‘‘(C) APPLICABLE COMMITTEE DEFINED.— 

2 In this paragraph, the ‘applicable Committee’ 

3 means— 

4 ‘‘(i) the Committee on House Admin5 istration of the House of Representatives, 

6 in the case of an individual who, at the 

7 time of the withholding, is a Member of 

8 the House; or 

9 ‘‘(ii) the Committee on Rules and Ad10 ministration of the Senate, in the case of 

11 an individual who, at the time of the with12 holding, is a Senator. 

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

14 FUND AS SOURCE OF REIMBURSEMENT.— 

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

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

17 a payment is made from the account described 

18 in subsection (a) for an award or settlement de19 scribed in paragraph (1), an individual who is 

20 a Member of the House of Representatives or a 

21 Senator has not reimbursed the account as re22 quired under paragraph (1), the Executive Di23 rector of the Federal Retirement Thrift Invest24 ment Board shall make a transfer, from the ac25 count of the individual in the Thrift Savings 


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1 Fund to the account described in subsection 

2 (a), of an amount equal to the award or settle3 ment (reduced by any amount the individual 

4 has reimbursed, taking into account any 

5 amounts withheld under paragraph (2)). 

6 ‘‘(B) INITIATION OF TRANSFER.—Notwith7 standing section 8435 of title 5, United States 

8 Code, the Executive Director shall make the 

9 transfer under subparagraph (A) upon receipt 

10 of a written request to the Executive Director 

11 from the Secretary of the Treasury, in the form 

12 and manner required by the Executive Director, 

13 without the consent of the individual or the in14 dividual’s spouse or former spouse (as the case 

15 may be). 

16 ‘‘(4) NOTIFICATION TO OFFICE OF PERSONNEL

17 MANAGEMENT AND SECRETARY OF THE TREAS18 URY.—If, at the time an individual is first no longer 

19 receiving compensation as a Member or a Senator, 

20 the amounts withheld under this subsection have not 

21 been sufficient to reimburse the account described in 

22 subsection (a) for an award or settlement described 

23 in paragraph (1), the payroll administrator— 

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

25 of Personnel Management, who shall take such 


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1 actions as the Director considers appropriate to 

2 withhold from any annuity payable to the indi3 vidual under chapter 83 or chapter 84 of title 

4 5, United States Code, and transfer to the ac5 count described in subsection (a), such amounts 

6 as may be necessary to reimburse the account 

7 for the payment; and 

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

9 Treasury, who (if necessary), notwithstanding 

10 section 207 of the Social Security Act (42 

11 U.S.C. 407), shall take such actions as the Sec12 retary of the Treasury considers appropriate to 

13 withhold from any payment to the individual 

14 under title II of the Social Security Act and 

15 transfer to the account described in subsection 

16 (a), such amounts as may be necessary to reim17 burse the account for the payment. 

18 ‘‘(5) COORDINATION BETWEEN OPM AND

19 TREASURY.—The Director of the Office of Personnel 

20 Management and the Secretary of the Treasury shall 

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

22 the coordination of the withholding and transferring 

23 of amounts under such paragraph, in accordance 

24 with regulations promulgated by the Director and 

25 the Secretary. 


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

2 this section, the term ‘payroll administrator’ 

3 means— 

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

5 Member of the House of Representatives, the 

6 Chief Administrative Officer of the House of 

7 Representatives, or an employee of the Office of 

8 the Chief Administrative Officer who is des9 ignated by the Chief Administrative Officer to 

10 carry out this subsection; or 

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

12 Senator, the Secretary of the Senate, or an em13 ployee of the Office of the Secretary of the Sen14 ate who is designated by the Secretary to carry 

15 out this subsection. 

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

17 who is subject to the reimbursement requirement of 

18 this subsection shall have the right to intervene in 

19 any mediation, hearing, or civil action under this 

20 title to the extent necessary to protect the interests 

21 of the individual in the determination of whether an 

22 award or settlement described in paragraph (1) 

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

24 or settlement, except that nothing in this paragraph 

25 may be construed to require the covered employee 


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

2 individual in a deposition which is separate from any 

3 other deposition taken from the employee in connec4 tion with the hearing or civil action.’’. 

5 (b) CONFORMING AMENDMENT RELATING TO

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

7 United States Code, is amended by striking ‘‘or an obliga8 tion’’ and inserting the following: ‘‘an obligation of the Ex9 ecutive Director to make a transfer under section 

10 415(d)(3) of the Congressional Accountability Act of 

11 1995, or an obligation’’. 

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

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

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

15 SEC. 112. AUTOMATIC REFERRAL TO CONGRESSIONAL ETH16 ICS COMMITTEES OF DISPOSITION OF CER17 TAIN CLAIMS ALLEGING VIOLATIONS OF 

18 CONGRESSIONAL ACCOUNTABILITY ACT OF 

19 1995 INVOLVING MEMBERS OF CONGRESS 

20 AND SENIOR STAFF. 

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

22 read as follows: 

23 ‘‘(e) AUTOMATIC REFERRALS TO CONGRESSIONAL

24 ETHICS COMMITTEES OF DISPOSITIONS OF CLAIMS IN25 VOLVING MEMBERS OF CONGRESS AND SENIOR STAFF.— 


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

2 under this title (as described in paragraph (4)) of a 

3 claim alleging a violation described in section 

4 415(d)(1)(B) which consists of an act committed 

5 personally by a Member of the House of Representa6 tives (including a Delegate or Resident Commis7 sioner to the Congress) or a Senator, or by a senior 

8 staff of an employing office of the House of Rep9 resentatives or Senate, the Executive Director shall 

10 refer the claim to— 

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

12 House of Representatives, in the case of a 

13 Member or senior staff of the House (including 

14 a Delegate or Resident Commissioner to the 

15 Congress); or 

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

17 the Senate, in the case of a Senator or senior 

18 staff of the Senate. 

19 ‘‘(2) ACCESS TO RECORDS AND INFORMA20 TION.—If the Executive Director refers a claim to a 

21 Committee under paragraph (1), the Executive Di22 rector shall provide the Committee with access to the 

23 records of any investigations, hearings, or decisions 

24 of the hearing officers and the Board under this 


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1 title, and any information relating to an award or 

2 settlement paid, in response to such claim. 

3 ‘‘(3) PROTECTION OF PERSONALLY IDENTIFI4 ABLE INFORMATION.—If a Committee to which a 

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

6 with respect to the claim, the Committee shall en7 sure that the report does not directly disclose the 

8 identity or position of the individual who filed the 

9 claim. 

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

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

12 any of the following: 

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

14 award or settlement, including an agreement 

15 reached pursuant to mediation under section 

16 404. 

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

18 under section 405(g). 

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

20 section 406(e). 

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

22 under section 408. 

23 ‘‘(5) SENIOR STAFF DEFINED.—In this sub24 section, the term ‘senior staff’ means any individual 

25 who, at the time a violation occurred, was required 


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1 to file a report under title I of the Ethics in Govern2 ment Act of 1978 (5 U.S.C. App. 101 et seq.).’’. 

3 SEC. 113. AVAILABILITY OF REMOTE WORK ASSIGNMENT 

4 OR PAID LEAVE OF ABSENCE DURING PEND5 ENCY OF PROCEDURES. 

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

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

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

9 OR PAID LEAVE OF ABSENCE DURING PEND10 ENCY OF PROCEDURES. 

11 ‘‘(a) OPTIONS FOR EMPLOYEES.— 

12 ‘‘(1) REMOTE WORK ASSIGNMENT.—At the re13 quest of a covered employee who files a claim alleg14 ing a violation of part A of title II by the covered 

15 employee’s employing office, during the pendency of 

16 any of the procedures available under this title for 

17 consideration of the claim, the employing office may 

18 permit the covered employee to carry out the em19 ployee’s responsibilities from a remote location in20 stead of from the location of the employing office. 

21 ‘‘(2) EXCEPTION FOR WORK ASSIGNMENTS RE22 QUIRED TO BE CARRIED OUT ONSITE.—If, in the de23 termination of the covered employee’s employing of24 fice, a covered employee who makes a request under 

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1 sponsibilities from a remote location, the employing 

2 office may grant paid leave of absence to a covered 

3 employee during the pendency of the procedures 

4 available under this title for the covered employee. 

5 ‘‘(3) ENSURING NO RETALIATION.—An employ6 ing office may not grant a covered employee’s re7 quest under this subsection in a manner which 

8 would constitute reprisal or retaliation under section 

9 207. 

10 ‘‘(b) EXCEPTION FOR ARRANGEMENTS SUBJECT TO

11 COLLECTIVE BARGAINING AGREEMENTS.—Subsection (a) 

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

13 the terms and conditions of any collective bargaining 

14 agreement which is in effect with respect to an employing 

15 office.’’. 

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

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

18 tile IV the following new item: 

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

19 SEC. 114. MODIFICATION OF RULES ON CONFIDENTIALITY 

20 OF PROCEEDINGS. 

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

22 (2 U.S.C. 1416(a)) is amended to read as follows: 

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

24 claim under section 402 and any investigation of a claim 


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1 under section 403 shall be confidential. Nothing in this 

2 subsection may be construed to prohibit a covered em3 ployee or an employing office from disclosing any informa4 tion related to the claim (including information related to 

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

6 under this title.’’. 

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

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

9 information discussed or disclosed in the course of any me10 diation’’. 

11 SEC. 115. REIMBURSEMENT BY OTHER EMPLOYING OF12 FICES OF LEGISLATIVE BRANCH OF PAY13 MENTS OF CERTAIN AWARDS AND SETTLE14 MENTS. 

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

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

17 amended by adding at the end the following new sub18 section: 

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

20 ‘‘(1) NOTIFICATION OF PAYMENTS MADE FROM

21 ACCOUNT.—As soon as practicable after the Execu22 tive Director is made aware that a payment of an 

23 award or settlement under this chapter has been 

24 made from the account described in subsection (a) 

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1 tion 201(a) by an employing office (other than an 

2 employing office of the House of Representatives or 

3 an employing office of the Senate), the Executive 

4 Director shall notify the head of the employing office 

5 that the payment has been made, and shall include 

6 in the notification a statement of the amount of the 

7 payment. 

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

9 than 180 days after receiving a notification from the 

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

11 the employing office involved shall transfer to the ac12 count described in subsection (a), out of any funds 

13 available for operating expenses of the office, a pay14 ment equal to the amount specified in the notifica15 tion. 

16 ‘‘(3) TIMETABLE AND PROCEDURES FOR REIM17 BURSEMENT.—The head of an employing office shall 

18 transfer a payment under paragraph (2) in accord19 ance with such timetable and procedures as may be 

20 established under regulations promulgated by the 

21 Office.’’. 

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

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

24 under section 415 of the Congressional Accountability Act 

25 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. REPORTS ON CLAIMS, AWARDS, AND SETTLE5 MENTS. 

6 (a) SEMIANNUAL REPORTS ON CLAIMS, AWARDS, 

7 AND SETTLEMENTS.— 

8 (1) REQUIRING SUBMISSION AND PUBLICATION

9 OF REPORTS.—Section 301 (2 U.S.C. 1381) is 

10 amended by adding at the end the following new 

11 subsection: 

12 ‘‘(l) SEMIANNUAL REPORTS ON CLAIMS, AWARDS, 

13 AND SETTLEMENTS.— 

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

15 after the first 6-month period of each calendar year, 

16 and not later than 45 days after the next 6-month 

17 period of each calendar year, the Office shall submit 

18 to Congress and publish on the Office’s public 

19 website a report listing each award or settlement 

20 which was paid during the previous year from the 

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

22 a claim alleging a violation of part A of title II, in23 cluding the employing office involved, the amount of 

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

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


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1 the case of an award or settlement resulting from a 

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

3 was committed personally by a Member or former 

4 Member of Congress), whether the Member or 

5 former Member is in compliance with the require6 ment of section 415(d) to reimburse the account for 

7 the amount of the award or settlement. 

8 ‘‘(2) PROTECTION OF IDENTITY OF INDIVID9 UALS RECEIVING AWARDS AND SETTLEMENTS.—In 

10 preparing and submitting the reports required under 

11 paragraph (1), the Office shall ensure that the iden12 tity or position of any individual who received an 

13 award or settlement, or who made an allegation of 

14 a violation against an employing office, is not dis15 closed.’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1) shall apply with respect to 2018 

18 and each succeeding year. 

19 (b) REPORT ON AMOUNTS PREVIOUSLY PAID.— 

20 (1) IN GENERAL.—Not later than 30 days after 

21 the date of the enactment of this Act, the Office of 

22 Compliance shall submit to Congress and make 

23 available to the public on the Office’s public website 

24 a report on all payments made with public funds 

25 prior to the date of the enactment of this Act for 


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1 awards and settlements in connection with violations 

2 of section 201(a)(1) of the Congressional Account3 ability Act of 1995, and shall include in the report 

4 the following information: 

5 (A) The amount paid for each such award 

6 or settlement. 

7 (B) The source of the public funds used 

8 for the award or settlement, without regard to 

9 whether the funds were paid from the account 

10 described in section 415(a) of such Act (2 

11 U.S.C. 1415(a)), an account of the House of 

12 Representatives or Senate, or any other account 

13 of the Federal Government. 

14 (2) RULE OF CONSTRUCTION REGARDING IDEN15 TIFICATION OF HOUSE AND SENATE ACCOUNTS.— 

16 Nothing in paragraph (1)(B) may be construed to 

17 require or permit the Office to report the account of 

18 any specific office of the House of Representatives 

19 or Senate as the source of funds used for an award 

20 or settlement. 

21 SEC. 202. WORKPLACE CLIMATE SURVEYS OF EMPLOYING 

22 OFFICES. 

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

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

25 new section: 


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

2 OFFICES. 

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

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

5 section, and every 2 years thereafter, the Office shall con6 duct a survey of employing offices under this Act regard7 ing the workplace environment of such offices. 

8 ‘‘(b) SPECIAL INCLUSION OF INFORMATION ON SEX9 UAL HARASSMENT.—In each survey conducted under this 

10 section, the Office shall survey respondents on attitudes 

11 regarding sexual harassment. 

12 ‘‘(c) METHODOLOGY.— 

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

14 each survey under this section in accordance with 

15 methodologies established by the Office. 

16 ‘‘(2) CONFIDENTIALITY.—Under the meth17 odologies established under paragraph (1), all re18 sponses to all portions of the survey shall be anony19 mous and confidential, and each respondent shall be 

20 told throughout the survey that all responses shall 

21 be anonymous and confidential. 

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

23 shall furnish the information obtained from the surveys 

24 conducted under this section to the Committee on House 

25 Administration of the House of Representatives and the 


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1 Committee on Homeland Security and Governmental Af2 fairs of the Senate. 

3 ‘‘(e) CONSULTATION WITH COMMITTEES.—The Of4 fice shall carry out this section, including establishment 

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

6 consultation with the Committee on House Administration 

7 of the House of Representatives and the Committee on 

8 Homeland Security and Governmental Affairs of the Sen9 ate. 

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

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

12 considered an employing office.’’. 

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

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

15 title III the following new item: 

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

16 SEC. 203. RECORD RETENTION. 

17 Section 301 (2 U.S.C. 1381), as amended by section 

18 201(a), is further amended by adding at the end the fol19 lowing new subsection: 

20 ‘‘(m) RECORD RETENTION.—The Office shall estab21 lish and maintain a program for the permanent retention 

22 of its records, including the records of investigations, me23 diations, hearings, and other proceedings conducted under 

24 title IV.’’. 


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1 SEC. 204. GAO STUDY OF MANAGEMENT PRACTICES. 

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

3 States shall conduct a study of the management practices 

4 of the Office of Compliance. 

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

6 after the date of the enactment of this Act, the Comp7 troller General of the United States shall submit to Con8 gress a report on the study conducted under subsection 

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

10 as the Comptroller General considers appropriate for im11 provements to the management practices of the Office of 

12 Compliance. 

13 SEC. 205. GAO AUDIT OF CYBERSECURITY. 

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

15 States shall conduct an audit of the cybersecurity systems 

16 and practices of the Office of Compliance. 

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

18 after the date of the enactment of this Act, the Comp19 troller General of the United States shall submit to Con20 gress a report on the audit conducted under subsection 

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

22 as the Comptroller General considers appropriate for im23 provements to the cybersecurity systems and practices of 

24 the Office of Compliance. 


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1 TITLE III—MISCELLANEOUS 

2 REFORMS 

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

4 PROTECTIONS AGAINST EMPLOYMENT DIS5 CRIMINATION. 

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

7 amended— 

8 (1) by redesignating subsection (d) as sub9 section (e); and 

10 (2) by inserting after subsection (c) the fol11 lowing new subsection: 

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

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

14 shall apply with respect to any staff of an employing 

15 office who carry out official duties of the employing 

16 office but who are not paid by the employing office 

17 for carrying out such duties, including an intern (in18 cluding an applicant for an internship and a former 

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

20 and an individual participating in a fellowship pro21 gram, in the same manner and to the same extent 

22 as such subsections apply with respect to an em23 ployee. 

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

25 paragraph (1) may be construed to extend liability 


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1 for a violation of subsection (a) to an employing of2 fice on the basis of an action taken by any person 

3 who is not under the supervision or control of the 

4 employing office. 

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

6 means an individual who performs service for an em7 ploying office which is uncompensated by the United 

8 States to earn credit awarded by an educational in9 stitution or to learn a trade or occupation, and in10 cludes any individual participating in a page pro11 gram operated by any House of Congress.’’. 

12 (b) TECHNICAL CORRECTION RELATING TO OFFICE

13 RESPONSIBLE FOR DISBURSEMENT OF PAY TO HOUSE

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

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

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

17 Administrative Officer of the House of Representatives’’. 

18 SEC. 302. COVERAGE OF EMPLOYEES OF LIBRARY OF CON19 GRESS. 

20 (a) COVERAGE FOR PURPOSES OF PROTECTIONS

21 AGAINST WORKPLACE DISCRIMINATION.—Section 201 (2 

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

23 amended— 

24 (1) by redesignating subsection (e) as sub25 section (f); and 


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1 (2) by inserting after subsection (d) the fol2 lowing new subsection: 

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

4 purposes of this section— 

5 ‘‘(1) the Library of Congress shall be consid6 ered an employing office; and 

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

8 shall be considered covered employees.’’. 

9 (b) AVAILABILITY OF ALTERNATIVE GRIEVANCE

10 PROCEDURES.—Section 401 (2 U.S.C. 1401), as amended 

11 by section 101(a), is amended— 

12 (1) by redesignating subsections (d) and (e) as 

13 subsections (e) and (f); and 

14 (2) by inserting after subsection (c) the fol15 lowing new subsection: 

16 ‘‘(d) SPECIAL RULE FOR LIBRARY OF CONGRESS.— 

17 In the case of an employee of the Library of Congress, 

18 the employee may use the alternative grievance procedures 

19 of the Library of Congress instead of the procedures under 

20 this title for consideration and resolution of an alleged vio21 lation of part A of title II, except that if the employee 

22 files a claim as provided in section 402 with respect to 

23 the alleged violation, the employee may not use any of 

24 such alternative grievance procedures for consideration 

25 and resolution of the alleged violation.’’. 


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1 (c) OTHER CONFORMING AMENDMENTS.— 

2 (1) CIVIL RIGHTS ACT OF 1964.—Section 717(a) 

3 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 

4 16(a)) is amended by striking ‘‘Smithsonian Institu5 tion’’ and all that follows through ‘‘Library of Con6 gress’’ and inserting the following: ‘‘Smithsonian In7 stitution, and in the Government Publishing Office 

8 and the Government Accountability Office’’. 

9 (2) AGE DISCRIMINATION IN EMPLOYMENT ACT

10 OF 1967.—Section 15 of the Age Discrimination in 

11 Employment Act of 1967 (29 U.S.C. 633a) is 

12 amended— 

13 (A) in subsection (a), by striking ‘‘Smith14 sonian Institution’’ and all that follows through 

15 ‘‘Library of Congress’’ and inserting the fol16 lowing: ‘‘Smithsonian Institution, and in the 

17 Government Publishing Office and the Govern18 ment Accountability Office’’; and 

19 (B) in subsection (b), by striking the last 

20 sentence. 

21 (3) AMERICANS WITH DISABILITIES ACT OF

22 1990.—Section 510 of the Americans with Disabil23 ities Act of 1990 (42 U.S.C. 12209) is amended— 

24 (A) by amending the matter preceding 

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1 ment Accountability Office and the Government 

2 Publishing Office shall be covered as follows:’’; 

3 and 

4 (B) in paragraph (4), by striking ‘‘means 

5 the following’’ and all that follows and inserting 

6 the following: ‘‘means the following: the Govern7 ment Accountability Office and the Government 

8 Publishing Office.’’. 

9 (d) EFFECTIVE DATE.— 

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

11 subsection (a) shall apply with respect to claims al12 leging violations of part A of title II of the Congres13 sional Accountability Act of 1995 which are first 

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

15 Act. 

16 (2) TREATMENT OF PENDING CLAIMS UNDER

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

18 enactment of this Act, an employee of the Library 

19 of Congress has or could have filed a charge or com20 plaint pursuant to procedures of the Library of Con21 gress which were available to the employee prior to 

22 such date for the resolution of a claim alleging a vio23 lation of a provision of law made applicable to the 

24 Library under section 201(a) of the Congressional 

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1 plicable pursuant to a collective bargaining agree2 ment), the employee may complete, or initiate and 

3 complete, all such procedures, and such procedures 

4 shall remain in effect with respect to, and provide 

5 the exclusive procedures for, that charge or com6 plaint until the completion of all such procedures. 

7 SEC. 303. CLARIFICATION OF COVERAGE OF EMPLOYEES 

8 OF HELSINKI AND CHINA COMMISSIONS. 

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

10 U.S.C. 1301) is amended— 

11 (1) by striking ‘‘Except as otherwise’’ and in12 serting ‘‘(a) IN GENERAL.—Except as otherwise’’; 

13 and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(b) CLARIFICATION OF COVERAGE OF EMPLOYEES

17 OF CERTAIN COMMISSIONS.— 

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

19 Review Commission, the Congressional-Executive 

20 China Commission, and the Helsinki Commission— 

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

22 such Commission shall be considered a covered 

23 employee for purposes of this Act; and 

24 ‘‘(B) the Commission shall be considered 

25 an employing office for purposes of this Act. 


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1 ‘‘(2) AUTHORITY TO PROVIDE LEGAL ASSIST2 ANCE AND REPRESENTATION.—Subject to paragraph 

3 (3), legal assistance and representation under this 

4 Act, including assistance and representation with re5 spect to the proposal or acceptance of the disposition 

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

7 China Review Commission, the Congressional-Execu8 tive China Commission, and the Helsinki Commis9 sion— 

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

11 the House of Representatives, in the case of as12 sistance and representation in connection with a 

13 claim filed under title IV (including all subse14 quent proceedings under such title in connec15 tion with the claim) at a time when the chair 

16 of the Commission is a Member of the House; 

17 or 

18 ‘‘(B) by the Senate Chief Counsel for Em19 ployment of the Senate, in the case of assist20 ance and representation in connection with a 

21 claim filed under title IV (including all subse22 quent proceedings under such title in connec23 tion with the claim) at a time when the chair 

24 of the Commission is a Senator. 

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


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

2 means the United States-China Economic and 

3 Security Review Commission established under 

4 section 1238 of the Floyd D. Spence National 

5 Defense Authorization Act of 2001 (Public Law 

6 106–398; 22 U.S.C. 7002); 

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

8 China Commission’ means the Congressional9 Executive Commission on the People’s Republic 

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

11 China Relations Act of 2000 (Public Law 106– 

12 286; 22 U.S.C. 6911 et seq.); and 

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

14 means the Commission on Security and Co15 operation in Europe established under the Act 

16 entitled ‘An Act to establish a Commission on 

17 Security and Cooperation in Europe’ (Public 

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

19 (b) COVERAGE OF STENNIS CENTER.— 

20 (1) TREATMENT OF EMPLOYEES AS COVERED

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

22 amended— 

23 (A) by striking ‘‘or’’ at the end of subpara24 graph (H); 


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

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

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

4 subparagraph: 

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

6 Service Training and Development.’’. 

7 (2) TREATMENT OF CENTER AS EMPLOYING OF8 FICE.—Section 101(9)(D) (2 U.S.C. 1301(9)(D)) is 

9 amended by striking ‘‘and the Office of Technology 

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

11 of Technology Assessment, and the John C. Stennis 

12 Center for Public Service Training and Develop13 ment’’. 

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

15 this section shall take effect as if included in the enact16 ment of the Congressional Accountability Act of 1995. 

17 SEC. 304. TRAINING AND EDUCATION PROGRAMS OF 

18 OTHER EMPLOYING OFFICES. 

19 (a) REQUIRING OFFICES TO DEVELOP AND IMPLE20 MENT PROGRAMS.—Title V (2 U.S.C. 1431 et seq.) is 

21 amended— 

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

23 and 

24 (2) by inserting after section 508 the following 

25 new section: 


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1 ‘‘SEC. 509. TRAINING AND EDUCATION PROGRAMS OF EM2 PLOYING OFFICES. 

3 ‘‘(a) REQUIRING OFFICES TO DEVELOP AND IMPLE4 MENT PROGRAMS.—Each employing office shall develop 

5 and implement a program to train and educate covered 

6 employees of the office in the rights and protections pro7 vided under this Act, including the procedures available 

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

9 ‘‘(b) REPORT TO COMMITTEES.— 

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

11 after the beginning of each Congress (beginning with 

12 the One Hundred Sixteenth Congress), each employ13 ing office shall submit a report to the Committee on 

14 House Administration of the House of Representa15 tives and the Committee on Rules and Administra16 tion of the Senate on the implementation of the pro17 gram required under subsection (a). 

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

19 later than 180 days after the date of the enactment 

20 of the Congressional Accountability Act of 1995 Re21 form Act, each employing office shall submit the re22 port described in paragraph (1) to the Committees 

23 described in such paragraph. 

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

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

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


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

2 is amended— 

3 (1) by redesignating the item relating to section 

4 509 as relating to section 510; and 

5 (2) by inserting after the item relating to sec6 tion 508 the following new item: 

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

7 SEC. 305. RENAMING OFFICE OF COMPLIANCE AS OFFICE 

8 OF CONGRESSIONAL WORKPLACE RIGHTS. 

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

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

11 amended— 

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

13 COMPLIANCE’’ and inserting ‘‘OFFICE OF CON14 GRESSIONAL WORKPLACE RIGHTS’’; and 

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

16 Compliance’’ and inserting ‘‘Office of Congressional 

17 Workplace Rights’’. 

18 (b) CONFORMING AMENDMENTS TO CONGRESSIONAL

19 ACCOUNTABILITY ACT OF 1995.—The Congressional Ac20 countability Act of 1995 is amended as follows: 

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

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


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

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

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

5 1301(3)(H)), by striking ‘‘Office of Compliance’’ 

6 and inserting ‘‘Office of Congressional Workplace 

7 Rights’’. 

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

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

10 inserting ‘‘Office of Congressional Workplace 

11 Rights’’. 

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

13 striking ‘‘Office of Compliance’’ and inserting ‘‘Of14 fice of Congressional Workplace Rights’’. 

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

16 striking ‘‘Office of Compliance’’ and inserting ‘‘Of17 fice of Congressional Workplace Rights’’. 

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

19 striking ‘‘Office of Compliance’’ and inserting ‘‘Of20 fice of Congressional Workplace Rights’’. 

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

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

23 ‘‘Office of Congressional Workplace Rights’’. 


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

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

3 ‘‘Office of Congressional Workplace Rights’’. 

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

5 1351(e)(2)(G)), by striking ‘‘Office of Compliance’’ 

6 and inserting ‘‘Office of Congressional Workplace 

7 Rights’’. 

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

9 ‘‘OFFICE OF COMPLIANCE’’ and inserting 

10 ‘‘OFFICE OF CONGRESSIONAL WORK11 PLACE RIGHTS’’. 

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

13 1384(c)(4)), by striking ‘‘Office of Compliance’’ and 

14 inserting ‘‘Office of Congressional Workplace 

15 Rights’’. 

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

17 1384(c)(5)), by striking ‘‘Office of Compliance’’ and 

18 inserting ‘‘Office of Congressional Workplace 

19 Rights’’. 

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

21 is amended— 

22 (1) by amending the item relating to the head23 ing of title III to read as follows: 

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

24 and 


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1 (2) by amending the item relating to section 

2 301 to read as follows: 

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

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

4 REGULATIONS.—Any reference to the Office of Compli5 ance in any law, rule, regulation, or other official paper 

6 in effect as of the effective date of this Act shall be consid7 ered to refer and apply to the Office of Congressional 

8 Workplace Rights. 

9 TITLE IV—EFFECTIVE DATE 

10 SEC. 401. EFFECTIVE DATE. 

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

12 Act and the amendments made by this Act shall take ef13 fect upon the expiration of the 180-day period which be14 gins on the date of the enactment of this Act. 

15 (b) NO EFFECT ON PENDING PROCEEDINGS.—Noth16 ing in this Act or the amendments made by this Act may 

17 be construed to affect any proceeding under title IV of 

18 the Congressional Accountability Act of 1995 which is 

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

Passed the House of Representatives February 6, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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