II 

115TH CONGRESS 

1ST SESSION S. 2236 

To require covered discrimination and covered harassment awareness and 

prevention training for Members, officers, employees, interns, fellows, 

and detailees of Congress within 30 days of employment and annually 

thereafter, to require a biennial climate survey of Congress, to amend 

the enforcement process under the Office of Congressional Workplace 

Rights for covered discrimination and covered harassment complaints, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2017 

Mrs. GILLIBRAND (for herself, Mr. CRUZ, Mr. BOOKER, Mrs. ERNST, Ms. 

MURKOWSKI, Ms. BALDWIN, Mrs. SHAHEEN, Mrs. FEINSTEIN, Mr. 

GARDNER, Mr. PORTMAN, Mr. GRAHAM, Mr. SULLIVAN, Mr. CORNYN, 

Ms. HARRIS, Ms. HASSAN, Ms. CORTEZ MASTO, Mr. BLUMENTHAL, Ms. 

HIRONO, Ms. WARREN, and Mrs. MCCASKILL) introduced the following 

bill; which was read twice and referred to the Committee on Homeland 

Security and Governmental Affairs 

A BILL 

To require covered discrimination and covered harassment 

awareness and prevention training for Members, officers, 

employees, interns, fellows, and detailees of Congress 

within 30 days of employment and annually thereafter, 

to require a biennial climate survey of Congress, to 

amend the enforcement process under the Office of Congressional Workplace Rights for covered discrimination 

and covered harassment complaints, 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. 

4 This Act may be cited as the ‘‘Congressional Harass5 ment Reform Act’’. 

6 TITLE I—TRAINING AND 

7 CLIMATE SURVEY 

8 SEC. 101. DEFINITIONS. 

9 In this title: 

10 (1) COVERED DISCRIMINATION.—The term 

11 ‘‘covered discrimination’’ means— 

12 (A) discrimination described in any of sub13 paragraphs (A) through (E) of paragraph (2); 

14 (B) discrimination prohibited by section 

15 201, 206, or 210 of the Congressional Account16 ability Act of 1995; or 

17 (C) a violation of section 207 of such Act 

18 that is related to discrimination described in 

19 subparagraph (A) or (B). 

20 (2) COVERED HARASSMENT.—The term ‘‘cov21 ered harassment’’ means harassment that is— 

22 (A) discrimination because of race, color, 

23 religion, sex, or national origin under title VII 

24 of the Civil Rights Act of 1964 (42 U.S.C. 

25 2000e et seq.); 


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1 (B) discrimination because of age under 

2 the Age Discrimination in Employment Act of 

3 1967 (29 U.S.C. 621 et seq.); 

4 (C) discrimination on the basis of disability 

5 under title I of the Americans with Disabilities 

6 Act of 1990 (42 U.S.C. 12111 et seq.) or sec7 tion 501 of the Rehabilitation Act of 1973 (29 

8 U.S.C. 791); 

9 (D) discrimination because of genetic in10 formation under title II of the Genetic Informa11 tion Nondiscrimination Act of 2008 (42 U.S.C. 

12 2000ff et seq.); or 

13 (E) discrimination on the basis of status 

14 concerning service in a uniformed service under 

15 section 4311(a) of title 38, United States Code. 

16 (3) COVERED OFFICE OF THE HOUSE OF REP17 RESENTATIVES.—The term ‘‘covered office of the 

18 House of Representatives’’ means an office, includ19 ing a joint commission or joint committee, employing 

20 employees of the House of Representatives. 

21 (4) COVERED OFFICE OF THE SENATE.—The 

22 term ‘‘covered office of the Senate’’ means an office, 

23 including a joint commission or joint committee, em24 ploying employees of the Senate. 


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1 (5) COVERED POSITION IN THE HOUSE OF REP2 RESENTATIVES.—The term ‘‘covered position in the 

3 House of Representatives’’ means a position as— 

4 (A) a Member of the House of Representa5 tives, including a Delegate or Resident Commis6 sioner to Congress; 

7 (B) an elected or appointed officer of the 

8 House of Representatives; 

9 (C) an employee of the House of Rep10 resentatives; 

11 (D) an intern or fellow in a covered office 

12 of the House of Representatives— 

13 (i) without regard to whether the in14 tern or fellow receives compensation; and 

15 (ii) in the case of an intern or fellow 

16 that does receive compensation, without re17 gard to the source of the compensation; or 

18 (E) a detailee in a covered office of the 

19 House of Representatives, without regard to 

20 whether the service is on a reimbursable basis. 

21 (6) COVERED POSITION IN THE SENATE.—The 

22 term ‘‘covered position in the Senate’’ means a posi23 tion as— 

24 (A) a Member of the Senate; 


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1 (B) an elected or appointed officer of the 

2 Senate; 

3 (C) an employee of the Senate; 

4 (D) an intern or fellow in a covered office 

5 of the Senate— 

6 (i) without regard to whether the in7 tern or fellow receives compensation; and 

8 (ii) in the case of an intern or fellow 

9 that does receive compensation, without re10 gard to the source of the compensation; or 

11 (E) a detailee in a covered office of the 

12 Senate, without regard to whether the service is 

13 on a reimbursable basis. 

14 (7) EMPLOYEE OF THE HOUSE OF REPRESENT15 ATIVES.—The term ‘‘employee of the House of Rep16 resentatives’’ means an employee whose pay is dis17 bursed by the Chief Administrative Officer of the 

18 House of Representatives, without regard to the 

19 term of the appointment. 

20 (8) EMPLOYEE OF THE SENATE.—The term 

21 ‘‘employee of the Senate’’ means an employee whose 

22 pay is disbursed by the Secretary of the Senate, 

23 without regard to the term of the appointment. 

24 (9) HEAD OF A COVERED OFFICE.—The term 

25 ‘‘head of a covered office’’, when used with respect 


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1 to a covered office of the Senate or a covered office 

2 of the House of Representatives, means the Member 

3 of Congress, elected or appointed officer of Con4 gress, or manager of the covered office having final 

5 authority to appoint, hire, discharge, and set the 

6 terms, conditions, or privileges of the employment of 

7 the employees employed by the covered office. 

8 (10) INITIAL TRAINING DATE.—The term ‘‘ini9 tial training date’’ means, with respect to an indi10 vidual in a covered position in the House or an indi11 vidual in a covered position in the Senate, the first 

12 date on which the applicable training required for 

13 such individual under section 102(b) is offered under 

14 section 102(c). 

15 (11) MANAGER OF A COVERED OFFICE.—The 

16 term ‘‘manager of a covered office’’, when used with 

17 respect to a covered office of the Senate or a covered 

18 office of the House of Representatives, means an 

19 employee of the covered office empowered to effect 

20 a significant change in the employment status of an21 other employee of the covered office, such as hiring, 

22 firing, failing to promote, reassignment with signifi23 cantly different responsibilities, or a decision causing 

24 a change in benefits. 


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1 (12) OFFICE OF CONGRESSIONAL WORKPLACE

2 RIGHTS.—The term ‘‘Office of Congressional Work3 place Rights’’ means the Office of Congressional 

4 Workplace Rights established under section 301 of 

5 the Congressional Accountability Act of 1995 (2 

6 U.S.C. 1381), as amended by section 217 (formerly 

7 known as the ‘‘Office of Compliance’’). 

8 SEC. 102. REQUIRED COVERED DISCRIMINATION AND COV9 ERED HARASSMENT AWARENESS AND PRE10 VENTION TRAINING FOR MEMBERS, OFFI11 CERS, EMPLOYEES, INTERNS, FELLOWS, AND 

12 DETAILEES OF CONGRESS WITHIN 30 DAYS 

13 OF EMPLOYMENT AND ANNUALLY THERE14 AFTER. 

15 (a) ESTABLISHMENT OF RULES REQUIRING COV16 ERED DISCRIMINATION AND COVERED HARASSMENT

17 AWARENESS AND PREVENTION TRAINING WITHIN 30 

18 DAYS OF EMPLOYMENT AND ANNUALLY THEREAFTER.— 

19 (1) REQUIREMENTS FOR THE SENATE.— 

20 (A) IN GENERAL.—Not later than 120 

21 days after the date of enactment of this Act, 

22 the Committee on Rules and Administration of 

23 the Senate— 

24 (i) shall issue rules that require— 


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1 (I) each individual elected, ap2 pointed, or assigned to a covered posi3 tion in the Senate after the initial 

4 training date, who was not serving in 

5 a covered position in the same covered 

6 office of the Senate immediately be7 fore being so elected, appointed, or as8 signed, to complete training described 

9 in subsections (b) and (c)— 

10 (aa) not later than 30 days 

11 after the date on which the indi12 vidual begins serving in the cov13 ered position; and 

14 (bb) annually thereafter as 

15 long as the individual serves in a 

16 covered position in the Senate; 

17 (II) each individual serving in a 

18 covered position in the Senate on the 

19 initial training date, to complete such 

20 training— 

21 (aa) not later than 30 days 

22 after the initial training date; 

23 and 

24 (bb) annually thereafter as 

25 long as the individual serves in a 


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1 covered position in the Senate; 

2 and 

3 (III) a designee of each covered 

4 office of the Senate to— 

5 (aa) annually submit to the 

6 Committee a certification indi7 cating whether each individual 

8 serving in a covered position in 

9 such covered office has completed 

10 such training; and 

11 (bb) submit, by not later 

12 than the last day of each Con13 gress, to the Secretary of the 

14 Senate a certification indicating 

15 whether each individual serving 

16 in a covered position in such cov17 ered office has completed the 

18 training requirements under this 

19 title during that Congress; and 

20 (ii) may establish additional require21 ments for the training on covered discrimi22 nation and covered harassment awareness 

23 and prevention that is offered to individ24 uals serving in covered positions in the 

25 Senate under this section. 


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1 (B) COORDINATION WITH OTHER RE2 QUIREMENTS.—In issuing rules under subpara3 graph (A)(i), the Committee on Rules and Ad4 ministration of the Senate shall— 

5 (i) review the requirements of S. Res. 

6 330 (115th Congress), agreed to November 

7 9, 2017; and 

8 (ii) ensure that the rules issued under 

9 subparagraph (A)(i) meet the requirements 

10 of this title while preventing or limiting 

11 conflicts and duplication of requirements 

12 under the regulations or guidance issued 

13 under such Senate Resolution. 

14 (2) REQUIREMENTS FOR THE HOUSE OF REP15 RESENTATIVES.— 

16 (A) IN GENERAL.—Not later than 120 

17 days after the date of enactment of this Act, 

18 the Committee on House Administration of the 

19 House of Representatives— 

20 (i) shall issue rules that require— 

21 (I) each individual elected, ap22 pointed, or assigned to a covered posi23 tion in the House of Representatives 

24 after the initial training date, who 

25 was not serving in a covered position 


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1 in the same covered office of the 

2 House of Representatives immediately 

3 before being so elected, appointed, or 

4 assigned, to complete training de5 scribed in subsections (b) and (c)— 

6 (aa) not later than 30 days 

7 after the date on which the indi8 vidual begins serving in the cov9 ered position; and 

10 (bb) annually thereafter as 

11 long as the individual serves in a 

12 covered position in the House of 

13 Representatives; 

14 (II) each individual serving in a 

15 covered position in the House of Rep16 resentatives on the initial training 

17 date, to complete such training— 

18 (aa) not later than 30 days 

19 after the initial training date; 

20 and 

21 (bb) annually thereafter as 

22 long as the individual serves in a 

23 covered position in the House of 

24 Representatives; and 


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1 (III) a designee of each covered 

2 office of the House of Representatives 

3 to— 

4 (aa) annually submit to the 

5 Committee a certification indi6 cating whether each individual 

7 serving in a covered position in 

8 such covered office has completed 

9 the training; and 

10 (bb) submit, by not later 

11 than the last day of each Con12 gress, to the Chief Administrative 

13 Officer of the House of Rep14 resentatives a certification indi15 cating whether each individual 

16 serving in a covered position in 

17 such covered office has completed 

18 the training requirements under 

19 this title during that Congress; 

20 and 

21 (ii) may establish additional require22 ments for the training on covered discrimi23 nation and covered harassment awareness 

24 and prevention offered to individuals servVerDate Sep 11 2014 00:32 Dec 19, 2017 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2236.IS S2236

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1 ing in a covered position in the House of 

2 Representatives under this section. 

3 (B) COORDINATION WITH OTHER RE4 QUIREMENTS.—In issuing rules under subpara5 graph (A)(i), the Committee on House Adminis6 tration of the House of Representatives shall— 

7 (i) review the requirements of H. Res. 

8 630 (115th Congress), agreed to November 

9 29, 2017; and 

10 (ii) ensure that the rules issued under 

11 subparagraph (A)(i) meet the requirements 

12 of this title while preventing or limiting 

13 conflicts and duplication of requirements 

14 under the regulations issued under such 

15 House Resolution. 

16 (b) REQUIREMENTS FOR TRAINING.—The training 

17 on covered discrimination and covered harassment aware18 ness and prevention required under this section shall— 

19 (1) be provided by the Office of Congressional 

20 Workplace Rights; 

21 (2) include— 

22 (A) information and practical guidance re23 garding any applicable Federal laws concerning 

24 the prohibition against and the prevention and 

25 correction of covered discrimination and covered 


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1 harassment and the rights of survivors of cov2 ered harassment in employment; 

3 (B) practical examples aimed at instruct4 ing supervisors in the prevention of covered dis5 crimination, covered harassment, and retalia6 tion; 

7 (C) presentations by individuals with 

8 knowledge and expertise in the prevention of 

9 covered discrimination, covered harassment, and 

10 retaliation; 

11 (D) a discussion of the consequences for 

12 perpetrators of covered discrimination and cov13 ered harassment; 

14 (E) information regarding the prohibition 

15 under the Congressional Accountability Act of 

16 1995 (2 U.S.C. 1301 et seq.) of retaliation 

17 against any witness to, or individual who expe18 riences, covered discrimination or covered har19 assment and who has— 

20 (i) opposed the covered discrimination 

21 or covered harassment; or 

22 (ii) initiated proceedings, made a 

23 charge, or testified, assisted, or partici24 pated in any manner in a hearing or other 


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1 proceeding relating to such covered dis2 crimination or covered harassment; 

3 (F) information regarding how an indi4 vidual in a covered position in the Senate or a 

5 covered position in the House of Representa6 tives reports covered discrimination or covered 

7 harassment to the Office of Congressional 

8 Workplace Rights; 

9 (G) in the case of training provided to in10 dividuals who are Members of Congress (includ11 ing a Delegate or Resident Commissioner to 

12 Congress), elected and appointed officers of 

13 Congress, heads of covered offices of Congress, 

14 and managers of covered offices of Congress, 

15 information regarding the role of such individ16 uals in recognizing and responding to harass17 ment and harassment complaints; and 

18 (H) any additional content required under 

19 paragraph (1)(A)(ii), or (2)(A)(ii), of subsection 

20 (a) by the Committee on Rules and Administra21 tion of the Senate or the Committee on House 

22 Administration of the House of Representatives 

23 (as applicable); and 


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1 (3) require that an individual demonstrate mas2 tery of the subject matter through an assessment in 

3 order to complete the training. 

4 (c) PROVISION OF TRAINING.— 

5 (1) IN GENERAL.—The Office of Congressional 

6 Workplace Rights shall— 

7 (A) by not later than 60 days after the 

8 date on which the Committee on Rules and Ad9 ministration of the Senate and the Committee 

10 on House Administration of the House of Rep11 resentatives issue rules under paragraph (1) or 

12 (2) of subsection (a), develop and offer training 

13 on covered discrimination and covered harass14 ment awareness and prevention that meets the 

15 requirements of subsection (b), subject to para16 graph (2); 

17 (B) periodically update the training on cov18 ered discrimination and covered harassment 

19 awareness and prevention, including any mate20 rials relating to such training; and 

21 (C) periodically provide recordkeeping in22 formation to, as applicable— 

23 (i) the Committee on House Adminis24 tration of the House of Representatives; 


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1 (ii) the Committee on Rules and Ad2 ministration of the Senate; 

3 (iii) the Committee on Ethics of the 

4 House of Representatives; and 

5 (iv) the Select Committee on Ethics of 

6 the Senate, 

7 regarding the individuals serving in covered positions 

8 in the Senate or in covered positions in the House 

9 of Representatives, respectively, who have completed 

10 the training 

11 (2) CONSULTATION.—The Office of Congres12 sional Workplace Rights shall, in implementing the 

13 training described in paragraph (1), consult with— 

14 (A) entities having significant expertise in 

15 identifying, preventing, and responding to cov16 ered harassment; and 

17 (B) covered harassment survivors or cov18 ered harassment confidential advisors. 

19 (d) PUBLICATION OF CERTIFICATIONS FOR EACH

20 CONGRESS.— 

21 (1) PUBLICATION OF CERTIFICATION IN THE

22 SENATE.—Not later than 30 days after the first day 

23 of each Congress, the Secretary of the Senate shall 

24 publish each certification submitted to the Secretary 

25 of the Senate, in accordance with the rules issued 


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1 under subsection (a)(1)(A)(i) and the requirements 

2 of subsection (a)(1)(A)(i)(III)(bb), with respect to 

3 the previous Congress on the public website of the 

4 Secretary of the Senate. 

5 (2) PUBLICATION OF CERTIFICATION IN THE

6 HOUSE OF REPRESENTATIVES.—Not later than 30 

7 days after the first day of each Congress, the Chief 

8 Administrative Officer of the House of Representa9 tives shall publish each certification submitted to the 

10 Chief Administrative Officer of the House of Rep11 resentatives, in accordance with the rules issued 

12 under subsection (a)(2)(A)(i) and the requirements 

13 of subsection (a)(2)(A)(i)(III)(bb), with respect to 

14 the previous Congress on the public website of the 

15 Chief Administrative Officer of the House of Rep16 resentatives. 

17 SEC. 103. WORKPLACE CLIMATE SURVEY OF CONGRESS RE18 LATING TO COVERED DISCRIMINATION AND 

19 COVERED HARASSMENT. 

20 Not later than 120 days after the date of enactment 

21 of this Act, and every 2 years thereafter, the Office of 

22 Congressional Workplace Rights shall— 

23 (1) carry out an anonymous survey of individ24 uals serving in covered positions in the Senate or in 

25 covered positions in the House of Representatives— 


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1 (A) to determine— 

2 (i) the scope of covered discrimination 

3 and covered harassment in Congress; 

4 (ii) whether covered discrimination 

5 and covered harassment prevention and re6 form efforts are working to curb the preva7 lence of covered discrimination and covered 

8 harassment in Congress; and 

9 (iii) whether the complaint and re10 porting process regarding instances of cov11 ered discrimination and covered harass12 ment in Congress is sufficient; and 

13 (B) that does not request any information, 

14 and is not conducted by any method, that would 

15 make a respondent or respondent’s office identi16 fiable; and 

17 (2)(A) prepare a report regarding the findings 

18 of the survey described in paragraph (1) that does 

19 not reveal the methods used by the Office of Con20 gressional Workplace Rights to gather responses to 

21 the survey; and 

22 (B) submit the report only to the Committee on 

23 Rules and Administration of the Senate, the Com24 mittee on Rules of the House of Representatives, the 

25 Select Committee on Ethics of the Senate, and the 


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1 Committee on Ethics of the House of Representa2 tives. 

3 TITLE II—CONGRESSIONAL 

4 ACCOUNTABILITY ACT OF 1995 

5 SEC. 201. DEFINITIONS. 

6 Section 101 of the Congressional Accountability Act 

7 of 1995 (2 U.S.C. 1301) is amended— 

8 (1) by redesignating paragraphs (3) and (4) 

9 through (12) as paragraphs (5) and (7) through 

10 (15), respectively; 

11 (2) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) CONNECTED WORKER.— 

14 ‘‘(A) COVERED EMPLOYEES.—For pur15 poses of paragraph (5), the term ‘connected 

16 worker’ means— 

17 ‘‘(i) an intern or fellow serving in a 

18 position in an employing office— 

19 ‘‘(I) without regard to whether 

20 the intern or fellow receives com21 pensation; and 

22 ‘‘(II) if the intern or fellow does 

23 receive compensation, without regard 

24 to the source of compensation; or 


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1 ‘‘(ii) a detailee serving in a position in 

2 an employing office, without regard to 

3 whether the service is on a reimbursable 

4 basis. 

5 ‘‘(B) SUBGROUPS OF COVERED EMPLOY6 EES.—For purposes of each of paragraphs (8) 

7 through (11), the term defined in the para8 graph involved, used with respect to covered 

9 discrimination or covered harassment, includes 

10 a connected worker (as defined in subparagraph 

11 (A)) in an office that employs employees re12 ferred to in that paragraph. 

13 ‘‘(4) COVERED DISCRIMINATION.—In this sec14 tion, the term ‘covered discrimination’ means— 

15 ‘‘(A) discrimination described in any of 

16 subparagraphs (A) through (E) of paragraph 

17 (6); 

18 ‘‘(B) discrimination prohibited by section 

19 210; or 

20 ‘‘(C) a violation of section 207 that is re21 lated to discrimination described in subpara22 graph (A) or (B), or a violation of section 

23 4311(b) of title 38, United States Code, that is 

24 related to discrimination described in paragraph 

25 (6)(E).’’; 


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1 (3) in paragraph (5), as redesignated by para2 graph (1) of this section, by striking ‘‘any employee’’ 

3 and inserting ‘‘any employee and, used with respect 

4 to covered discrimination or covered harassment, any 

5 connected worker’’; 

6 (4) by inserting after paragraph (5), as redesig7 nated by paragraph (1) of this section, the following: 

8 ‘‘(6) COVERED HARASSMENT.—The term ‘cov9 ered harassment’ means harassment that is— 

10 ‘‘(A) discrimination because of race, color, 

11 religion, sex, or national origin under title VII 

12 of the Civil Rights Act of 1964 (42 U.S.C. 

13 2000e et seq.); 

14 ‘‘(B) discrimination because of age under 

15 the Age Discrimination in Employment Act of 

16 1967 (29 U.S.C. 621 et seq.); 

17 ‘‘(C) discrimination on the basis of dis18 ability under title I of the Americans with Dis19 abilities Act of 1990 (42 U.S.C. 12111 et seq.) 

20 or section 501 of the Rehabilitation Act of 1973 

21 (29 U.S.C. 791); 

22 ‘‘(D) discrimination because of genetic in23 formation under title II of the Genetic Informa24 tion Nondiscrimination Act of 2008 (42 U.S.C. 

25 2000ff et seq.); or 


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1 ‘‘(E) discrimination on the basis of status 

2 concerning service in a uniformed service under 

3 section 4311(a) of title 38, United States 

4 Code.’’; and 

5 (5) in paragraphs (10) and (11), by striking 

6 ‘‘paragraph (3)’’ and inserting ‘‘paragraph (5)’’. 

7 SEC. 202. RIGHTS AND PROTECTIONS; RESPONSIBILITIES 

8 OF HEAD OF EMPLOYING OFFICE. 

9 Section 201 of the Congressional Accountability Act 

10 of 1995 (2 U.S.C. 1311) is amended— 

11 (1) in subsection (a)— 

12 (A)(i) by redesignating paragraphs (1), 

13 (2), and (3) as subparagraphs (A), (B), and 

14 (C), respectively; 

15 (ii) by aligning the margins of such sub16 paragraphs with the margins of subparagraph 

17 (A) of subsection (b)(1); and 

18 (iii) by striking ‘‘All personnel’’ and insert19 ing the following: 

20 ‘‘(1) IN GENERAL.—All personnel’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(2) RESPONSIBILITIES.— 

23 ‘‘(A) IN GENERAL.—If an individual who is 

24 the head of an employing office, or the highest 

25 ranking employee of the head of the employing 


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1 office, is aware of, or a reasonable individual in 

2 the position involved would be aware of, covered 

3 discrimination or covered harassment in the of4 fice, the individual shall carry out the responsi5 bility described in subparagraph (B). 

6 ‘‘(B) RESPONSIBILITIES.—The individual 

7 referred to in subparagraph (A) shall make af8 firmative efforts to address, and prevent the re9 currence of, covered discrimination or covered 

10 harassment in the office.’’; and 

11 (2) in subsection (b)— 

12 (A) in paragraph (1), by striking ‘‘sub13 section (a)(1)’’ and inserting ‘‘subsection 

14 (a)(1)(A)’’; 

15 (B) in paragraph (2), by striking ‘‘sub16 section (a)(2)’’ and inserting ‘‘subsection 

17 (a)(1)(B)’’; and 

18 (C) in paragraph (3), by striking ‘‘sub19 section (a)(3)’’ and inserting ‘‘subsection 

20 (a)(1)(C)’’. 

21 SEC. 203. PUBLIC SERVICES AND ACCOMMODATIONS. 

22 Section 210 of the Congressional Accountability Act 

23 of 1995 (2 U.S.C. 1331) is amended by striking sub24 section (d) and inserting the following: 

25 ‘‘(d) AVAILABLE PROCEDURES.— 


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1 ‘‘(1) IN GENERAL.—The procedures of title IV 

2 shall apply to allegations of violations of this part. 

3 ‘‘(2) APPLICATION.—For purposes of applying 

4 title IV— 

5 ‘‘(A) to an allegation of a violation of a 

6 provision listed in subsection (b), of title II of 

7 the Americans with Disabilities Act of 1990 (42 

8 U.S.C. 12131 et seq.)— 

9 ‘‘(i) a reference in title IV to a cov10 ered employee shall be considered to be a 

11 reference to a qualified individual with a 

12 disability, as defined in section 201 of that 

13 Act (42 U.S.C. 12131); and 

14 ‘‘(ii) a reference in title IV to an em15 ploying office shall be considered to be a 

16 reference to an entity listed in subsection 

17 (a) that provides public services, programs, 

18 or activities; and 

19 ‘‘(B) to an allegation of a violation of a 

20 provision listed in subsection (b), of title III of 

21 the Americans with Disabilities Act of 1990 (42 

22 U.S.C. 12181 et seq.)— 

23 ‘‘(i) a reference in title IV to a cov24 ered employee shall be considered to be a 

25 reference to an individual with a disability, 


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1 as defined in section 3 of that Act (42 

2 U.S.C. 12102); and 

3 ‘‘(ii) a reference in title IV to an em4 ploying office shall be considered to be a 

5 reference to an entity listed in subsection 

6 (a) that owns, leases (or leases to), or op7 erates a place of public accommodation, as 

8 defined in section 301 of that Act (42 

9 U.S.C. 12181).’’. 

10 SEC. 204. GENERAL PROVISIONS. 

11 Section 225(e) of the Congressional Accountability 

12 Act of 1995 (2 U.S.C. 1361(e)) is amended by striking 

13 ‘‘Only’’ and inserting ‘‘Except in the case of an allegation 

14 of covered discrimination or covered harassment, only’’. 

15 SEC. 205. NOTICES. 

16 Part E of title II of the Congressional Accountability 

17 Act of 1995 (2 U.S.C. 1361) is amended by adding at 

18 the end the following: 

19 ‘‘SEC. 226. NOTICES. 

20 ‘‘Every employing office shall post and keep posted 

21 (in conspicuous places upon its premises where notices to 

22 covered employees are customarily posted) a notice pro23 vided by the Office that— 

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1 ploying office under this Act, concerning covered dis2 crimination and covered harassment; and 

3 ‘‘(2) includes contact information for the Of4 fice.’’. 

5 SEC. 206. CONFIDENTIAL ADVISOR. 

6 Section 302 of the Congressional Accountability Act 

7 of 1995 (2 U.S.C. 1382) is amended— 

8 (1) by redesignating subsections (d) through (f) 

9 as subsections (e) through (g), respectively, and 

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

12 ‘‘(d) CONFIDENTIAL ADVISOR.— 

13 ‘‘(1) IN GENERAL.—The Executive Director 

14 shall— 

15 ‘‘(A) appoint, and fix the compensation of, 

16 and may remove, a Confidential Advisor; or 

17 ‘‘(B) designate an employee of the Office 

18 to serve as a Confidential Advisor. 

19 ‘‘(2) DUTIES.— 

20 ‘‘(A) VOLUNTARY SERVICES.—The Con21 fidential Advisor shall offer to provide the serv22 ices described in subparagraph (B), which a 

23 covered employee may accept or decline. 

24 ‘‘(B) SERVICES.—The services referred to 

25 in subparagraph (A) are— 


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1 ‘‘(i) informing, on a confidential basis, 

2 a covered employee who has experienced a 

3 practice that may be covered discrimina4 tion or covered harassment about the em5 ployee’s rights under this Act; 

6 ‘‘(ii) consulting, on a confidential 

7 basis, with a covered employee who has ex8 perienced a practice that may be covered 

9 discrimination or covered harassment; and 

10 ‘‘(iii) assisting, on a confidential basis, 

11 a covered employee who seeks consider12 ation under title IV of an allegation involv13 ing covered discrimination or covered har14 assment in understanding the procedures, 

15 and the significance of the procedures, de16 scribed in that title.’’. 

17 SEC. 207. OVERALL PROCEDURE. 

18 (a) VOLUNTARY PROCEEDINGS.—Section 401 of the 

19 Congressional Accountability Act of 1995 (2 U.S.C. 1401) 

20 is amended— 

21 (1) in the first sentence— 

22 (A) by striking ‘‘part A’’ and inserting 

23 ‘‘part A or B’’; 

24 (B) in paragraph (1), by inserting ‘‘, which 

25 shall be voluntary in the case of an allegation 


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1 of covered discrimination or covered harass2 ment’’ before the semicolon; and 

3 (C) in paragraph (2), by inserting ‘‘, which 

4 shall be voluntary in the case of an allegation 

5 of covered discrimination or covered harass6 ment’’ before the semicolon; and 

7 (2) in the second sentence, by inserting ‘‘(or a 

8 request for counseling, mediation, or a hearing, con9 cerning an allegation of covered discrimination or 

10 covered harassment)’’ after ‘‘for counseling under 

11 section 402’’. 

12 (b) NOTIFICATION.—Section 401 of the Congres13 sional Accountability Act of 1995, as amended by sub14 section (a), is further amended— 

15 (1) by striking ‘‘Except’’ and inserting the fol16 lowing: 

17 ‘‘(a) OVERALL PROCEDURE.—Except’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(b) NOTIFICATION AFTER ALLEGATION OF COV20 ERED DISCRIMINATION OR COVERED HARASSMENT.—On 

21 receiving a request, under this title, for counseling or an22 other proceeding for consideration of alleged covered dis23 crimination or covered harassment, the Office shall pro24 vide to the employee written notification that describes the 


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1 rights, protections, and procedures applicable to a covered 

2 employee who is raising such an allegation. 

3 ‘‘(c) NO REQUIREMENT TO PRESENT ALLEGATION

4 FIRST TO EMPLOYING OFFICE.—Notwithstanding any 

5 provision of law, regardless of whether a covered employee 

6 follows the employing office’s procedures for initially pre7 senting an allegation, or information about the allegation, 

8 of covered discrimination or covered harassment to the 

9 employing office— 

10 ‘‘(1) the covered employee is privileged to re11 quest and obtain, under this title, counseling or an12 other proceeding for consideration of alleged covered 

13 discrimination or covered harassment; and 

14 ‘‘(2) the covered employee— 

15 ‘‘(A) may file a complaint with the Office 

16 in accordance with section 405 or file a civil ac17 tion with a court in accordance with section 

18 408; 

19 ‘‘(B) may proceed without prejudice under 

20 the corresponding procedures specified in title 

21 IV including obtaining any available remedy; 

22 and 

23 ‘‘(C) shall be entitled to protection from 

24 intimidation, reprisal, or other discrimination 


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1 described in section 207 as provided in that sec2 tion.’’. 

3 (c) AVAILABILITY OF REMOTE WORK ASSIGNMENT

4 OR PAID LEAVE DURING PENDENCY OF PROCEDURES.— 

5 Section 401 of the Congressional Accountability Act of 

6 1995 (2 U.S.C. 1401), as amended by subsection (b), is 

7 further amended by adding at the end the following new 

8 subsection: 

9 ‘‘(d) AVAILABILITY OF REMOTE WORK ASSIGNMENT

10 OR PAID LEAVE DURING PENDENCY OF PROCEDURES.— 

11 ‘‘(1) REQUIREMENTS FOR EMPLOYING OF12 FICES.— 

13 ‘‘(A) REMOTE WORK ASSIGNMENT.—At the 

14 request of a covered employee who alleges cov15 ered discrimination or covered harassment by 

16 the covered employee’s employing office, during 

17 the pendency of any of the procedures available 

18 under this title for consideration of the allega19 tion, the employing office shall permit the cov20 ered employee to carry out the employee’s re21 sponsibilities from a remote location instead of 

22 from the location of the employing office. 

23 ‘‘(B) EXCEPTION FOR WORK ASSIGNMENTS

24 REQUIRED TO BE CARRIED OUT ONSITE.—If, in 

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1 ploying office, a covered employee who makes a 

2 request under this paragraph cannot carry out 

3 the employee’s responsibilities from a remote lo4 cation, the employing office shall grant paid 

5 leave to a covered employee during the pend6 ency of the procedures available under this title 

7 for the covered employee. 

8 ‘‘(2) EXCLUSION FROM CAP ON NUMBER OF

9 EMPLOYEES OF OFFICE OF MEMBER OR COMMITTEE

10 OF THE HOUSE OF REPRESENTATIVES.—If the office 

11 of a Member or committee of the House of Rep12 resentatives grants a covered employee of such office 

13 paid leave under paragraph (1), during the period in 

14 which the employee is on paid leave, the employee 

15 shall not be counted among the number of employees 

16 of the office— 

17 ‘‘(A) in the case of the office of a Member 

18 of the House, for purposes of section 104(a) of 

19 the House of Representatives Administrative 

20 Reform Technical Corrections Act (2 U.S.C. 

21 5321(a)); or 

22 ‘‘(B) in the case of the office of a com23 mittee of the House, for purposes of any rule 

24 or regulation of the House that governs the 


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1 number of employees the committee may ap2 point. 

3 ‘‘(3) EXCEPTION FOR ARRANGEMENTS SUBJECT

4 TO COLLECTIVE BARGAINING AGREEMENTS.—Para5 graph (1) does not apply to the extent that it is in6 consistent with the terms and conditions of any col7 lective bargaining agreement that is in effect with 

8 respect to an employing office.’’. 

9 (d) ELECTRONIC REPORTING SYSTEM.—Section 401 

10 of the Congressional Accountability Act of 1995 (2 U.S.C. 

11 1401), as amended by subsection (c), is further amended 

12 by adding at the end the following new subsection: 

13 ‘‘(e) USE OF ELECTRONIC REPORTING SYSTEM.— 

14 The Office shall establish and operate an electronic report15 ing system through which a covered employee may initiate 

16 a proceeding under this title, and that will keep an elec17 tronic record of the date and time at which the proceeding 

18 is initiated.’’. 

19 SEC. 208. COUNSELING. 

20 Section 402(a) of the Congressional Accountability 

21 Act of 1995 (2 U.S.C. 1402(a)) is amended, in the first 

22 sentence— 

23 (1) by striking ‘‘part A’’ and inserting ‘‘part A 

24 or B’’; and 


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1 (2) by inserting ‘‘or, in the case of an allegation 

2 of covered discrimination or covered harassment, 

3 may request voluntary counseling by the Office’’ be4 fore the period. 

5 SEC. 209. MEDIATION. 

6 (a) VOLUNTARY MEDIATION.—Section 403(a) of the 

7 Congressional Accountability Act of 1995 (2 U.S.C. 

8 1403(a)) is amended— 

9 (1) by striking ‘‘Not later’’ and inserting the 

10 following: 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), not later’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(2) ALLEGATION OF COVERED DISCRIMINA15 TION OR COVERED HARASSMENT.—In the case of an 

16 allegation of covered discrimination or covered har17 assment— 

18 ‘‘(A) for a covered employee who requests 

19 counseling under section 402, not later than 15 

20 days after receipt by the employee of notice of 

21 the end of the counseling period under section 

22 402, but prior to making an election under sec23 tion 404, the covered employee who alleged a 

24 violation of a law may file a request for vol25 untary mediation with the Office; and 


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•S 2236 IS

1 ‘‘(B) for a covered employee who does not 

2 request such counseling, not later than 180 

3 days after the date of the alleged violation, but 

4 prior to making an election under section 404, 

5 the covered employee may file a request for vol6 untary mediation with the Office.’’. 

7 (b) REQUIRING PARTIES TO BE SEPARATED DURING

8 MEDIATION AT REQUEST OF EMPLOYEE.—Section 

9 403(b)(2) of the Congressional Accountability Act of 1995 

10 (2 U.S.C. 1403(b)(2)) is amended by striking ‘‘meetings 

11 with the parties’’ and all that follows and inserting the 

12 following: ‘‘meetings with the parties— 

13 ‘‘(1) held for the purpose of resolving the dis14 pute between the covered employee and the employ15 ing office; and 

16 ‘‘(2)(A) except as provided in subparagraph 

17 (B), conducted separately or jointly; or 

18 ‘‘(B) at the request of a covered employee who 

19 alleges covered discrimination or covered harass20 ment, during which the parties shall be separated.’’. 

21 SEC. 210. ELECTION OF PROCEEDING. 

22 Section 404 of the Congressional Accountability Act 

23 of 1995 (2 U.S.C. 1404) is amended— 

24 (1) by striking ‘‘Not later’’ and inserting the 

25 following: 


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1 ‘‘(1) IN GENERAL.—Except as provided in sub2 section (b), not later’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b) ALLEGATION OF COVERED DISCRIMINATION OR

5 COVERED HARASSMENT.—In the case of an allegation of 

6 covered discrimination or covered harassment— 

7 ‘‘(1) for a covered employee who requests medi8 ation under section 403 (or does not, but requests 

9 counseling under section 402), not later than 90 

10 days after the end of the period of mediation (or 

11 counseling), the covered employee may either— 

12 ‘‘(A) file a complaint as described in sub13 section (a)(1); or 

14 ‘‘(B) file a civil action as described in sub15 section (a)(2); and 

16 ‘‘(2) for a covered employee who does not re17 quest such mediation (or counseling), not later than 

18 180 days after the date of the alleged violation, the 

19 covered employee may either— 

20 ‘‘(A) file a complaint as described in sub21 section (a)(1); or 

22 ‘‘(B) file a civil action as described in sub23 section (a)(2).’’. 


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1 SEC. 211. COMPLAINT AND PROCEEDING. 

2 (a) IN GENERAL.—Section 405(a) of the Congres3 sional Accountability Act of 1995 (2 U.S.C. 1405(a)) is 

4 amended by striking subsection (a) and inserting the fol5 lowing: 

6 ‘‘(a) COMPLAINT.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2)— 

9 ‘‘(A) a covered employee may, upon the 

10 completion of mediation under section 403, file 

11 a complaint with the Office; and 

12 ‘‘(B) the respondent to the complaint shall 

13 be the employing office— 

14 ‘‘(i)(I) involved in the violation; or 

15 ‘‘(II) in which the violation is alleged 

16 to have occurred; and 

17 ‘‘(ii) about which mediation was con18 ducted. 

19 ‘‘(2) ALLEGATION OF COVERED DISCRIMINA20 TION OR COVERED HARASSMENT.—In the case of an 

21 allegation of covered discrimination or covered har22 assment— 

23 ‘‘(A) a covered employee may file a com24 plaint with the Office as described in section 

25 404(b); and 


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•S 2236 IS

1 ‘‘(B) the respondent to the complaint shall 

2 be the employing office— 

3 ‘‘(i) involved in the violation; or 

4 ‘‘(ii) in which the violation is alleged 

5 to have occurred.’’. 

6 (b) INVESTIGATORY POWERS.—Section 405 of the 

7 Congressional Accountability Act of 1995 (2 U.S.C. 1405) 

8 is amended by striking subsection (e) and inserting the 

9 following: 

10 ‘‘(e) INVESTIGATIONS AND DISCOVERY.— 

11 ‘‘(1) INVESTIGATIONS.—The Office shall have 

12 the authority to conduct investigations regarding 

13 complaints of covered discrimination or covered har14 assment filed under this section, including investiga15 tions with respect to practices experienced by former 

16 covered employees that may be covered discrimina17 tion or covered harassment. 

18 ‘‘(2) DISCOVERY.—Reasonable prehearing dis19 covery may be permitted at the discretion of the 

20 hearing officer regarding a complaint filed under 

21 this section.’’. 

22 SEC. 212. JUDICIAL REVIEW. 

23 Section 407 of the Congressional Accountability Act 

24 of 1995 (2 U.S.C. 1407) is amended— 

25 (1) in subsection (a)(1)— 


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1 (A) in subparagraph (A), by striking ‘‘part 

2 A’’ and inserting ‘‘part A or B’’; 

3 (B) by striking subparagraph (B); and 

4 (C) by redesignating subparagraphs (C) 

5 and (D) as subparagraphs (B) and (C), respec6 tively; and 

7 (2) in subsection (b)— 

8 (A) in paragraph (1), by striking ‘‘sub9 section (a)(1) (A) or (B)’’ and inserting ‘‘sub10 section (a)(1)(A)’’; and 

11 (B) in paragraphs (1) and (2), by striking 

12 ‘‘subsection (a)(1) (C) or (D)’’ and inserting 

13 ‘‘subsection (a)(1) (B) or (C)’’. 

14 SEC. 213. CIVIL ACTION. 

15 Section 408(a) of the Congressional Accountability 

16 Act of 1995 (2 U.S.C. 1408(a)) is amended— 

17 (1) in the first sentence, by striking ‘‘who has 

18 completed counseling under section 402 and medi19 ation under section 403’’ and inserting ‘‘who meets 

20 the applicable requirements of section 404’’; and 

21 (2) in the second sentence, by inserting ‘‘or a 

22 violation that is covered discrimination or covered 

23 harassment’’ before the period. 


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1 SEC. 214. SETTLEMENTS. 

2 Section 414 of the Congressional Accountability Act 

3 of 1995 (2 U.S.C. 1414) is amended— 

4 (1) by striking ‘‘Any’’ and inserting the fol5 lowing: 

6 ‘‘(a) IN GENERAL.—Any’’; 

7 (2) in the first sentence, by striking ‘‘210,’’; 

8 (3) by inserting after the first sentence the fol9 lowing: ‘‘Such a settlement that relates, in part or 

10 in whole, to an allegation of covered discrimination 

11 or covered harassment by a Member of Congress (as 

12 defined in section 415(f)) shall be publicly disclosed 

13 by the Office, unless the covered employee bringing 

14 the allegation objects or the Member obtains a non15 disclosure determination under subsection (b).’’; and 

16 (4) by adding to the end the following: 

17 ‘‘(b) EXCEPTION.—In the case of a settlement that 

18 relates, in part or in whole, to an allegation of covered 

19 discrimination or covered harassment by a Member of 

20 Congress (as defined in section 415(f)), in a situation in 

21 which the covered employee involved does not object to 

22 public disclosure of the settlement, the Member may re23 quest a nondisclosure determination. If the appropriate 

24 committee finds by a preponderance of the evidence, based 

25 on any record from a proceeding under this title that may 

26 have existed on the date of the settlement, and using a 


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•S 2236 IS

1 rebuttable presumption in favor of requiring disclosure, 

2 that the Member has not engaged in the alleged covered 

3 discrimination or covered harassment, the committee shall 

4 issue a nondisclosure determination. The committee shall 

5 issue the determination and the committee’s rationale for 

6 the determination in writing. 

7 ‘‘(c) DEFINITIONS.—In this section: 

8 ‘‘(1) APPROPRIATE COMMITTEE.—The term 

9 ‘appropriate committee’ has the meaning given the 

10 term in section 415(f). 

11 ‘‘(2) NONDISCLOSURE DETERMINATION.—The 

12 term ‘nondisclosure determination’ means a deter13 mination from the appropriate committee that the 

14 settlement shall not be publicly disclosed under sub15 section (a).’’. 

16 SEC. 215. PERSONAL LIABILITY OF MEMBERS OF CON17 GRESS. 

18 Section 415 of the Congressional Accountability Act 

19 of 1995 (2 U.S.C. 1415) is amended— 

20 (1) in subsection (a), by inserting after the first 

21 sentence the following: ‘‘Under no circumstances 

22 may an employing office use funds from the Mem23 bers’ Representational Allowance under section 101 

24 of the House of Representatives Administrative Re25 form Technical Corrections Act (2 U.S.C. 5341), the 


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1 Senators’ Official Personnel and Office Expense Ac2 count, or any appropriated funds other than funds 

3 appropriated under this subsection, for the payment 

4 of awards and settlements under this Act.’’; 

5 (2) in subsection (c), by striking ‘‘section 

6 201(a)(3)’’ and inserting ‘‘section 201(a)(1)(C)’’; 

7 and 

8 (3) by adding at the end the following: 

9 ‘‘(d) COMMITTEE APPROVALS.—Before a payment is 

10 made from the account described in subsection (a) for a 

11 settlement for covered discrimination or covered harass12 ment in an employing office described in subparagraph (A) 

13 or (B) of section 101(12), the chair and ranking member 

14 of the appropriate committee shall approve the payment. 

15 ‘‘(e) PERSONAL LIABILITY OF MEMBERS OF CON16 GRESS FOR PAYMENT OF SETTLEMENTS AND AWARDS.— 

17 ‘‘(1) REIMBURSEMENT.—If a payment is made 

18 from the account described in subsection (a) for an 

19 award or settlement that relates, in part or in whole, 

20 to an allegation of covered discrimination or covered 

21 harassment by a Member of Congress, the Member 

22 of Congress who is alleged to have committed the 

23 discrimination or harassment shall, except as pro24 vided in subparagraph (2), reimburse the account 

25 for the amount of the award or settlement. 


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1 ‘‘(2) EXCEPTION.—In the case of a settlement 

2 that relates, in part or in whole, to an allegation of 

3 covered discrimination or covered harassment by a 

4 Member of Congress, the Member may request a 

5 nonreimbursement determination. If the appropriate 

6 committee finds by a preponderance of the evidence, 

7 based on any record from a proceeding under this 

8 title that may have existed on the date of the pay9 ment, and using a rebuttable presumption in favor 

10 of requiring reimbursement, that the Member of 

11 Congress has not engaged in the alleged covered dis12 crimination or covered harassment, the committee 

13 shall issue a nonreimbursement determination. The 

14 committee shall issue the determination and the 

15 committee’s rationale for the determination in writ16 ing. Unless the settlement is not publicly disclosed 

17 under section 414, such determination and rationale 

18 shall be publicly disclosed by the Office. 

19 ‘‘(3) CONSTRUCTION.—Nothing in this section 

20 shall be construed to require a Member of Congress 

21 to reimburse the account under paragraph (1), with 

22 respect to an allegation of covered discrimination, or 

23 covered harassment, that is wholly committed by an 

24 employee of the employing office involved. 

25 ‘‘(f) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘appropriate committee’ means— 

2 ‘‘(A) if the personal office of a Member of, 

3 or a Committee of, the House of Representa4 tives, or a joint committee chaired by such a 

5 Member, seeks a payment under subsection (d), 

6 or a Member of the House of Representatives 

7 seeks a determination under subsection (e), the 

8 Committee on Ethics of the House of Rep9 resentatives; and 

10 ‘‘(B) if the personal office of a Senator, or 

11 a Committee of the Senate, or a joint com12 mittee chaired by a Senator, seeks a payment 

13 under subsection (d), or a Senator seeks a de14 termination under subsection (e), the Senate 

15 Select Committee on Ethics; 

16 ‘‘(2) the term ‘covered discrimination or covered 

17 harassment by a Member of Congress’ means— 

18 ‘‘(A) covered discrimination that was com19 mitted personally by a Member of Congress; 

20 ‘‘(B) quid pro quo covered harassment that 

21 was committed personally by a Member of Con22 gress; and 

23 ‘‘(C) hostile environment covered harass24 ment if a Member of Congress personally com25 mitted— 


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1 ‘‘(i) severe conduct that created a hos2 tile environment; or 

3 ‘‘(ii) at least one act that was part of 

4 pervasive conduct that created a hostile en5 vironment; and 

6 ‘‘(3) the term ‘nonreimbursement determina7 tion’ means a determination from the appropriate 

8 committee that the Member shall not be responsible 

9 for reimbursement under subsection (a).’’. 

10 SEC. 216. CONFIDENTIALITY. 

11 Section 416 of the Congressional Accountability Act 

12 of 1995 (2 U.S.C. 1416) is amended— 

13 (1) in subsection (f)— 

14 (A) by striking ‘‘or in favor of the charging 

15 party under section 210,’’; and 

16 (B) by striking ‘‘or charging party’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(g) CLARIFICATION.—Nothing in this Act shall be 

19 construed to prohibit any covered employee from dis20 closing information that forms the basis of the covered em21 ployee’s allegation of covered discrimination or covered 

22 harassment, if the information contained in the allegation 

23 was not obtained in a confidential proceeding.’’. 


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1 SEC. 217. OFFICE OF CONGRESSIONAL WORKPLACE 

2 RIGHTS. 

3 (a) REFERENCES.—Paragraphs (1), (2), (5)(H), 

4 (12)(D), (13), (14), and (15) of section 101 (as redesig5 nated by section 201 of this Act), sections 210(a)(9), 

6 215(e)(1), 220(e)(2)(G), and 301(a), and paragraphs (4) 

7 and (5) of section 304(c) of the Congressional Account8 ability Act of 1995 (2 U.S.C. 1301, 1331(a)(9), 

9 1341(e)(1), 1351(e)(2)(G), 1381(a), 1384(c)) are amend10 ed by striking ‘‘Office of Compliance’’ and inserting ‘‘Of11 fice of Congressional Workplace Rights’’. 

12 (b) HEADINGS.—Title III of the Congressional Ac13 countability Act of 1995 (2 U.S.C. 1381 et seq.) is amend14 ed by striking the headings for title III and section 301 

15 and inserting the following: 

16 ‘‘TITLE III—OFFICE OF CON17 GRESSIONAL WORKPLACE 

18 RIGHTS 

19 ‘‘SEC. 301. ESTABLISHMENT OF OFFICE OF CONGRES20 SIONAL WORKPLACE RIGHTS.’’. 

21 SEC. 218. APPLICATION OF CONGRESSIONAL ACCOUNT22 ABILITY ACT OF 1995 TO THE LIBRARY OF 

23 CONGRESS. 

24 (a) APPLICATION.— 

25 (1) APPLICATION THROUGH DEFINITIONS.— 


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1 (A) IN GENERAL.—Section 101 of the 

2 Congressional Accountability Act of 1995 (2 

3 U.S.C. 1301), as redesignated by section 201 of 

4 this Act, is amended— 

5 (i) in paragraph (5)— 

6 (I) in subparagraph (H), by 

7 striking ‘‘or’’ at the end; 

8 (II) in subparagraph (I), by 

9 striking the period and inserting ‘‘; 

10 or’’; and 

11 (III) by adding at the end the 

12 following: 

13 ‘‘(J) the Library of Congress, except for 

14 section 220.’’; and 

15 (ii) in paragraph (12)— 

16 (I) in subparagraph (C), by strik17 ing ‘‘or’’ at the end; 

18 (II) in subparagraph (D), by 

19 striking the period and inserting ‘‘; 

20 or’’; and 

21 (III) by adding at the end the 

22 following: 

23 ‘‘(E) the Library of Congress, except for 

24 section 220.’’. 


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1 (B) PUBLIC SERVICES AND ACCOMMODA2 TIONS.—Section 210(a) of the Congressional 

3 Accountability Act of 1995 (2 U.S.C. 1331(a)) 

4 is amended— 

5 (i) in paragraph (9), by striking 

6 ‘‘and’’ at the end; 

7 (ii) in paragraph (10), by striking the 

8 period and inserting ‘‘; and’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(11) the Library of Congress.’’. 

12 (C) LABOR-MANAGEMENT REGULATIONS.— 

13 Section 220(a) of the Congressional Account14 ability Act of 1995 (2 U.S.C. 1351(a)) is 

15 amended— 

16 (i) in paragraph (2), in the paragraph 

17 heading, by striking ‘‘(2) DEFINITION.—’’ 

18 and inserting ‘‘(2) APPLICATION.—’’; and 

19 (ii) by adding at the end the fol20 lowing: 

21 ‘‘(3) DEFINITIONS.—For purposes of this sec22 tion, the term ‘covered employee’ does not include an 

23 employee of the Library of Congress, and the term 

24 ‘employing office’ does not include the Library of 

25 Congress.’’. 


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•S 2236 IS

1 (2) CONFORMING AMENDMENTS TO ACT.—The 

2 Congressional Accountability Act of 1995 (2 U.S.C. 

3 1301 et seq.) is amended— 

4 (A) in section 204(a)(2) (2 U.S.C. 

5 1314(a)(2)), by striking ‘‘and the Library of 

6 Congress’’ each place it appears; 

7 (B) in section 205(a)(2) (2 U.S.C. 

8 1315(a)(2)), by striking ‘‘and the Library of 

9 Congress’’ each place it appears; 

10 (C) in section 206(a)(2) (2 U.S.C. 

11 1316(a)(2))— 

12 (i) in subparagraph (B), by striking 

13 ‘‘and the Library of Congress’’; and 

14 (ii) in subparagraph (C), by striking 

15 ‘‘and the Library of Congress’’; 

16 (D) in section 215(a)(2) (2 U.S.C. 

17 1341(a)(2))— 

18 (i) in subparagraph (C), by striking ‘‘, 

19 the Library of Congress,’’; and 

20 (ii) in subparagraph (D), by striking 

21 ‘‘and the Library of Congress’’; and 

22 (E) in section 415(a) (2 U.S.C. 1415(a))— 

23 (i) by striking the comma after ‘‘Gen24 eral Accounting Office’’ and inserting 

25 ‘‘or’’; and 


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1 (ii) by striking ‘‘, or the Library of 

2 Congress’’. 

3 (b) ELECTION OF PROCEEDING.— 

4 (1) PROCEDURE.—Section 401(a)(3) of the 

5 Congressional Accountability Act of 1995 (2 U.S.C. 

6 1401(a)(3)), as designated by section 207(b) of this 

7 Act, is amended— 

8 (A) in the matter preceding subparagraph 

9 (A), by striking ‘‘either’’; 

10 (B) in subparagraph (A), by striking ‘‘, 

11 or’’ at the end and inserting a semicolon; 

12 (C) in subparagraph (B), by striking the 

13 period and inserting ‘‘; or’’; and 

14 (D) by adding at the end the following: 

15 ‘‘(C) in the case of a Library claimant (as 

16 defined in section 404(d)), a proceeding de17 scribed in section 404(b)(3) that relates to the 

18 violation at issue.’’. 

19 (2) ELECTION.—Section 404 of the Congres20 sional Accountability Act of 1995 (2 U.S.C. 1404), 

21 as amended by section 210 of this Act, is further 

22 amended— 

23 (A) in subsection (a)— 

24 (i) in paragraph (1), by striking ‘‘, 

25 or’’ at the end and inserting a semicolon; 


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1 (ii) in paragraph (2), by striking the 

2 period and inserting ‘‘; or’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(3) in the case of a Library claimant, bring 

6 the claim, complaint, or charge that is brought for 

7 a proceeding before the corresponding Federal agen8 cy, under the corresponding direct provision.’’; 

9 (B) in subsection (b)— 

10 (i) in paragraph (1)— 

11 (I) in subparagraph (A), by strik12 ing ‘‘or’’ at the end; 

13 (II) in subparagraph (B), by 

14 striking ‘‘and’’ at the end; and 

15 (III) by adding at the end the 

16 following: 

17 ‘‘(C) in the case of a Library claimant, 

18 bring the claim, complaint, or charge that is 

19 brought for a proceeding before the cor20 responding Federal agency, under the cor21 responding direct provision; and’’; and 

22 (ii) in paragraph (2)— 

23 (I) in subparagraph (A), by strik24 ing ‘‘or’’ at the end; 


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1 (II) in subparagraph (B), by 

2 striking the period and inserting ‘‘; 

3 and’’; and 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(C) in the case of a Library claimant, 

7 bring the claim, complaint, or charge that is 

8 brought for a proceeding before the cor9 responding Federal agency, under the cor10 responding direct provision.’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(c) ELECTION AFTER PROCEEDINGS INITIALLY

13 BROUGHT UNDER OTHER CIVIL RIGHTS OR LABOR

14 LAW.—A Library claimant who initially brings a claim, 

15 complaint, or charge under a direct provision for a pro16 ceeding before a Federal agency may, prior to requesting 

17 a hearing under the agency’s procedures, elect to— 

18 ‘‘(1) bring any civil action relating to the claim, 

19 complaint, or charge, that is available to the Library 

20 claimant; 

21 ‘‘(2) file a complaint with the Office in accord22 ance with section 405; or 

23 ‘‘(3) file a civil action in accordance with sec24 tion 408 in the United States district court for the 


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1 district in which the employee is employed or for the 

2 District of Columbia. 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) DIRECT ACT.—The term ‘direct Act’ 

5 means an Act (other than this Act), or provision of 

6 the Revised Statutes, that is specified in section 

7 201, 202, 203, or 210. 

8 ‘‘(2) DIRECT PROVISION.—The term ‘direct 

9 provision’ means a provision (including a definitional 

10 provision) of a direct Act that applies the rights or 

11 protections of a direct Act (including rights and pro12 tections relating to nonretaliation or noncoercion) to 

13 a Library claimant. 

14 ‘‘(3) LIBRARY CLAIMANT.—The term ‘Library 

15 claimant’ means— 

16 ‘‘(A) with respect to a direct provision 

17 (other than a provision described in subpara18 graph (B)), an employee of the Library of Con19 gress who is covered by that direct provision, 

20 and 

21 ‘‘(B) with respect to a direct provision that 

22 applies the rights or protections of title II or 

23 III of the Americans with Disabilities Act of 

24 1990 (42 U.S.C. 12131 et seq., 12181 et seq.), 

25 an individual who is eligible to provide services 


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1 for or receive services from the Library of Con2 gress and who is covered by that provision.’’. 

3 (c) PROSPECTIVE APPLICABILITY.—This section and 

4 the amendments made by this section— 

5 (1) shall take effect on the date of enactment 

6 of this section; and 

7 (2) shall apply to any charge, complaint, or 

8 claim, that is made on or after the date of enact9 ment of this section, of a violation of— 

10 (A) section 201, 202, 203, 207, or 210 of 

11 the Congressional Accountability Act of 1995 (2 

12 U.S.C. 1311 et seq.); or 

13 (B) a direct provision as defined in section 

14 404(d) of the Congressional Accountability Act 

15 of 1995 (2 U.S.C. 1404(d) (as added by sub16 section (b)). 

17 SEC. 219. CONFORMING AMENDMENTS. 

18 The table of contents in section 1(b) the Congres19 sional Accountability Act of 1995 is amended— 

20 (1) by striking the item relating to the part 

21 heading for part A of title II and inserting the fol22 lowing: 

‘‘PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, 

AND OTHER PROTECTIONS AND BENEFITS’’; 


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1 (2) in the items relating to part E of title II, 

2 by adding at the end the following: 

‘‘Sec. 226. Notices.’’; 

3 and 

4 (3) by striking the items relating to the title 

5 heading for title III, and section 301, and inserting 

6 the following: 

‘‘TITLE III—OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS 

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

Æ 


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