II 

115TH CONGRESS 

1ST SESSION S. 2159 

To require covered harassment and covered discrimination 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 harassment and covered discrimination complaints, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2017 

Mrs. GILLIBRAND (for herself, Ms. CORTEZ MASTO, Ms. HARRIS, and Ms. 

HIRONO) introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To require covered harassment and covered discrimination 

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 harassment and 

covered discrimination complaints, 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. 

2 This Act may be cited as the ‘‘Member and Employee 

3 Training and Oversight On Congress Act’’ or the ‘‘ME 

4 TOO Congress Act’’. 

5 TITLE I—TRAINING AND 

6 CLIMATE SURVEY 

7 SEC. 101. DEFINITIONS. 

8 In this title: 

9 (1) COVERED DISCRIMINATION.—The term 

10 ‘‘covered discrimination’’ means— 

11 (A) discrimination described in any of 

12 clauses (i) through (v) of paragraph (2)(A); 

13 (B) discrimination prohibited by section 

14 201 or 210 of the Congressional Accountability 

15 Act of 1995; or 

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

17 that is related to discrimination described in 

18 subparagraph (A) or (B). 

19 (2) COVERED HARASSMENT.—The term ‘‘cov20 ered harassment’’ means— 

21 (A) harassment that is— 

22 (i) discrimination because of race, 

23 color, religion, sex, or national origin under 

24 title VII of the Civil Rights Act of 1964 

25 (42 U.S.C. 2000e et seq.); 


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1 (ii) discrimination because of age 

2 under the Age Discrimination in Employ3 ment Act of 1967 (29 U.S.C. 621 et seq.); 

4 (iii) discrimination on the basis of dis5 ability under title I of the Americans with 

6 Disabilities Act of 1990 (42 U.S.C. 12111 

7 et seq.) or section 501 of the Rehabilita8 tion Act of 1973 (29 U.S.C. 791); 

9 (iv) discrimination because of genetic 

10 information under title II of the Genetic 

11 Information Nondiscrimination Act of 

12 2008 (42 U.S.C. 2000ff et seq.); or 

13 (v) discrimination because of sexual 

14 orientation or gender identity, within the 

15 meaning of Executive Order 11478. 

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; 

6 (B) an elected or appointed officer of the 

7 House of Representatives; 

8 (C) an employee of the House of Rep9 resentatives; 

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

11 of the House of Representatives— 

12 (i) without regard to whether the in13 tern or fellow receives compensation; and 

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

15 that does receive compensation, without re16 gard to the source of the compensation; or 

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

18 House of Representatives, without regard to 

19 whether the service is on a reimbursable basis. 

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

21 term ‘‘covered position in the Senate’’ means a posi22 tion as— 

23 (A) a Member of the Senate; 

24 (B) an elected or appointed officer of the 

25 Senate; 


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1 (C) an employee of the Senate; 

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

3 of the Senate— 

4 (i) without regard to whether the in5 tern or fellow receives compensation; and 

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

7 that does receive compensation, without re8 gard to the source of the compensation; or 

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

10 Senate, without regard to whether the service is 

11 on a reimbursable basis. 

12 (7) EMPLOYEE OF THE HOUSE OF REPRESENT13 ATIVES.—The term ‘‘employee of the House of Rep14 resentatives’’ means an employee whose pay is dis15 bursed by the Chief Administrative Officer of the 

16 House of Representatives, without regard to the 

17 term of the appointment. 

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

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

20 pay is disbursed by the Secretary of the Senate, 

21 without regard to the term of the appointment. 

22 (9) EXECUTIVE ORDER 11478.—The term ‘‘Ex23 ecutive Order 11478’’ means Executive Order 11478 

24 (42 U.S.C. 2000e note; relating to equal employ25 ment opportunity in the Federal Government), as 


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1 amended and superseded by Executive Order 13672 

2 and the other Executive orders issued before Janu3 ary 20, 2017. 

4 (10) HEAD OF A COVERED OFFICE.—The term 

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

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

7 of the House of Representatives, means the Member 

8 of Congress, elected or appointed officer of Con9 gress, or manager of the covered office having final 

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

11 terms, conditions, or privileges of the employment of 

12 the employees employed by the covered office. 

13 (11) INITIAL TRAINING DATE.—The term ‘‘ini14 tial training date’’ means, with respect to an indi15 vidual in a covered position in the House or an indi16 vidual in a covered position in the Senate, the first 

17 date on which the applicable training required for 

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

19 section 102(c). 

20 (12) MANAGER OF A COVERED OFFICE.—The 

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

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

23 office of the House of Representatives, means an 

24 employee of the covered office empowered to effect 

25 a significant change in the employment status of anVerDate Sep 11 2014 23:26 Nov 17, 2017 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2159.IS S2159

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1 other employee of the covered office, such as hiring, 

2 firing, failing to promote, reassignment with signifi3 cantly different responsibilities, or a decision causing 

4 a change in benefits. 

5 (13) OFFICE OF CONGRESSIONAL WORKPLACE

6 RIGHTS.—The term ‘‘Office of Congressional Work7 place Rights’’ means the Office of Congressional 

8 Workplace Rights established under section 301 of 

9 the Congressional Accountability Act of 1995 (2 

10 U.S.C. 1381), as amended by section 218 (formerly 

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

12 SEC. 102. REQUIRED COVERED HARASSMENT AND COV13 ERED DISCRIMINATION AWARENESS AND 

14 PREVENTION TRAINING FOR MEMBERS, OFFI15 CERS, EMPLOYEES, INTERNS, FELLOWS, AND 

16 DETAILEES OF CONGRESS WITHIN 30 DAYS 

17 OF EMPLOYMENT AND ANNUALLY THERE18 AFTER. 

19 (a) ESTABLISHMENT OF RULES REQUIRING COV20 ERED HARASSMENT AND COVERED DISCRIMINATION

21 AWARENESS AND PREVENTION TRAINING WITHIN 30 

22 DAYS OF EMPLOYMENT AND ANNUALLY THEREAFTER.— 

23 (1) REQUIREMENTS FOR THE SENATE.— 

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

25 days after the date of enactment of this Act, 


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1 the Committee on Rules and Administration of 

2 the Senate— 

3 (i) shall issue rules that require— 

4 (I) each individual elected, ap5 pointed, or assigned to a covered posi6 tion in the Senate after the initial 

7 training date, who was not serving in 

8 a covered position in the same covered 

9 office of the Senate immediately be10 fore being so elected, appointed, or as11 signed, to complete training described 

12 in subsections (b) and (c)— 

13 (aa) not later than 30 days 

14 after the date on which the indi15 vidual begins serving in the cov16 ered position; and 

17 (bb) annually thereafter as 

18 long as the individual serves in a 

19 covered position in the Senate; 

20 (II) each individual serving in a 

21 covered position in the Senate on the 

22 initial training date, to complete such 

23 training— 


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1 (aa) not later than 30 days 

2 after the initial training date; 

3 and 

4 (bb) annually thereafter as 

5 long as the individual serves in a 

6 covered position in the Senate; 

7 and 

8 (III) a designee of each covered 

9 office of the Senate to— 

10 (aa) annually submit to the 

11 Committee a certification indi12 cating whether each individual 

13 serving in a covered position in 

14 such covered office has completed 

15 such training; and 

16 (bb) submit, by not later 

17 than the last day of each Con18 gress, to the Secretary of the 

19 Senate a certification indicating 

20 whether each individual serving 

21 in a covered position in such cov22 ered office has completed the 

23 training requirements under this 

24 title during that Congress; and 


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1 (ii) may establish additional require2 ments for the training on covered harass3 ment and covered discrimination awareness 

4 and prevention that is offered to individ5 uals serving in covered positions in the 

6 Senate under this section. 

7 (B) COORDINATION WITH OTHER RE8 QUIREMENTS.—In issuing rules under subpara9 graph (A)(i), the Committee on Rules and Ad10 ministration of the Senate shall— 

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

12 330 (115th Congress), agreed to November 

13 9, 2017; and 

14 (ii) ensure that the rules issued under 

15 subparagraph (A)(i) meet the requirements 

16 of this title while preventing or limiting 

17 conflicts and duplication of requirements 

18 under the rules issued under such Senate 

19 Resolution. 

20 (2) REQUIREMENTS FOR THE HOUSE OF REP21 RESENTATIVES.—Not later than 120 days after the 

22 date of enactment of this Act, the Committee on 

23 House Administration of the House of Representa24 tives— 

25 (A) shall issue rules that require— 


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1 (i) each individual elected, appointed, 

2 or assigned to a covered position in the 

3 House of Representatives after the initial 

4 training date, who was not serving in a 

5 covered position in the same covered office 

6 of the House of Representatives imme7 diately before being so elected, appointed, 

8 or assigned, to complete training described 

9 in subsections (b) and (c)— 

10 (I) not later than 30 days after 

11 the date on which the individual be12 gins serving in the covered position; 

13 and 

14 (II) annually thereafter as long 

15 as the individual serves in a covered 

16 position in the House of Representa17 tives; 

18 (ii) each individual serving in a cov19 ered position in the House of Representa20 tives on the initial training date, to com21 plete such training— 

22 (I) not later than 30 days after 

23 the initial training date; and 

24 (II) annually thereafter as long 

25 as the individual serves in a covered 


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1 position in the House of Representa2 tives; and 

3 (iii) a designee of each covered office 

4 of the House of Representatives to— 

5 (I) annually submit to the Com6 mittee a certification indicating 

7 whether each individual serving in a 

8 covered position in such covered office 

9 has completed the training; and 

10 (II) submit, by not later than the 

11 last day of each Congress, to the 

12 Chief Administrative Officer of the 

13 House of Representatives a certifi14 cation indicating whether each indi15 vidual serving in a covered position in 

16 such covered office has completed the 

17 training requirements under this title 

18 during that Congress; and 

19 (B) may establish additional requirements 

20 for the training on covered harassment and cov21 ered discrimination awareness and prevention 

22 offered to individuals serving in a covered posi23 tion in the House of Representatives under this 

24 section. 


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1 (b) REQUIREMENTS FOR TRAINING.—The training 

2 on covered harassment and discrimination awareness and 

3 prevention required under this section shall— 

4 (1) be provided by the Office of Congressional 

5 Workplace Rights; 

6 (2) include— 

7 (A) information and practical guidance re8 garding any applicable Federal laws concerning 

9 the prohibition against and the prevention and 

10 correction of covered harassment and covered 

11 discrimination and the rights of survivors of 

12 covered harassment in employment; 

13 (B) practical examples aimed at instruct14 ing supervisors in the prevention of covered 

15 harassment and covered discrimination, and re16 taliation; 

17 (C) presentations by individuals with 

18 knowledge and expertise in the prevention of 

19 covered harassment and covered discrimination 

20 and retaliation; 

21 (D) a discussion of the consequences for 

22 perpetrators of covered harassment and covered 

23 discrimination; 

24 (E) information regarding the prohibition 

25 under the Congressional Accountability Act of 


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1 1995 (2 U.S.C. 1301 et seq.) against retaliation 

2 against witnesses to, or individuals who experi3 ence, covered harassment or discrimination and 

4 who report the harassment or discrimination; 

5 (F) information regarding how an indi6 vidual in a covered position in the Senate or a 

7 covered position in the House of Representa8 tives reports covered harassment or discrimina9 tion to the Office of Congressional Workplace 

10 Rights; 

11 (G) in the case of training provided to in12 dividuals who are Members of Congress, elected 

13 and appointed officers of Congress, heads of 

14 covered offices of Congress, and managers of 

15 covered offices of Congress, information regard16 ing the role of such individuals in recognizing 

17 and responding to harassment and harassment 

18 complaints; and 

19 (H) any additional content required under 

20 paragraph (1)(A)(ii) or (2)(B) of subsection (a) 

21 by the Committee on Rules and Administration 

22 of the Senate or the Committee on House Ad23 ministration of the House of Representatives 

24 (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 harassment and covered discrimina14 tion 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 harassment and covered discrimination 

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

21 (C) periodically provide recordkeeping in22 formation to the Committee on Rules and Ad23 ministration of the Senate and the Committee 

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1 viduals serving in covered positions in the Sen2 ate or in covered positions in the House of Rep3 resentatives, respectively, who have completed 

4 the training. 

5 (2) CONSULTATION.—The Office of Congres6 sional Workplace Rights shall, in implementing the 

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

8 (A) entities having significant expertise in 

9 identifying, preventing, and responding to cov10 ered harassment; and 

11 (B) covered harassment survivors or cov12 ered harassment confidential advisors. 

13 (d) PUBLICATION OF CERTIFICATIONS FOR EACH

14 CONGRESS.— 

15 (1) PUBLICATION OF CERTIFICATION IN THE

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

17 of each Congress, the Secretary of the Senate shall 

18 publish each certification submitted to the Secretary 

19 of the Senate, in accordance with the rules issued 

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

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

22 the previous Congress on the public website of the 

23 Secretary of the Senate. 

24 (2) PUBLICATION OF CERTIFICATION IN THE

25 HOUSE OF REPRESENTATIVES.—Not later than 30 


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

2 Administrative Officer of the House of Representa3 tives shall publish each certification submitted to the 

4 Chief Administrative Officer of the House of Rep5 resentatives, in accordance with the rules issued 

6 under subsection (a)(2)(A) and the requirements of 

7 subsection (a)(2)(A)(iii)(II), with respect to the pre8 vious Congress on the public website of the Chief 

9 Administrative Officer of the House of Representa10 tives. 

11 SEC. 103. WORKPLACE CLIMATE SURVEY OF CONGRESS RE12 LATING TO COVERED HARASSMENT AND 

13 COVERED DISCRIMINATION. 

14 Not later than 120 days after the date of enactment 

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

16 Congressional Workplace Rights shall— 

17 (1) carry out an anonymous survey of individ18 uals serving in covered positions in the Senate or in 

19 covered positions in the House of Representatives to 

20 determine— 

21 (A) the scope of covered harassment and 

22 covered discrimination in Congress; 

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1 forts are working to curb the prevalence of cov2 ered harassment in Congress; and 

3 (C) whether the complaint and reporting 

4 process regarding instances of covered harass5 ment and covered discrimination in Congress is 

6 sufficient; and 

7 (2) prepare and submit only to the Committee 

8 on Rules and Administration of the Senate and the 

9 Committee on Rules of the House of Representatives 

10 a report regarding the findings of the survey de11 scribed in paragraph (1). 

12 TITLE II—CONGRESSIONAL 

13 ACCOUNTABILITY ACT OF 1995 

14 SEC. 201. DEFINITIONS. 

15 Section 101 of the Congressional Accountability Act 

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

17 (1) by redesignating paragraphs (4) through 

18 (10), and paragraphs (11) and (12), as paragraphs 

19 (5) through (11), and paragraphs (13) and (14), re20 spectively; 

21 (2) by inserting after paragraph (3) the fol22 lowing: 

23 ‘‘(4) COVERED HARASSMENT.—The term ‘cov24 ered harassment’ means harassment that is— 


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

2 religion, sex, or national origin under title VII 

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

4 2000e et seq.); 

5 ‘‘(B) discrimination because of age under 

6 the Age Discrimination in Employment Act of 

7 1967 (29 U.S.C. 621 et seq.); 

8 ‘‘(C) discrimination on the basis of dis9 ability under title I of the Americans with Dis10 abilities Act of 1990 (42 U.S.C. 12111 et seq.) 

11 or section 501 of the Rehabilitation Act of 1973 

12 (29 U.S.C. 791); 

13 ‘‘(D) discrimination because of genetic in14 formation under title II of the Genetic Informa15 tion Nondiscrimination Act of 2008 (42 U.S.C. 

16 2000ff et seq.); or 

17 ‘‘(E) discrimination because of sexual ori18 entation, or gender identity, within the meaning 

19 of Executive Order 11478.’’; and 

20 (3) by inserting after paragraph (11), as redes21 ignated in paragraph (1) of this section, the fol22 lowing: 

23 ‘‘(12) EXECUTIVE ORDER 11478.—The term 

24 ‘Executive Order 11478’ means Executive Order 

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1 ployment opportunity in the Federal Government), 

2 as amended and superseded by Executive Order 

3 13672 and the other Executive orders issued before 

4 January 20, 2017.’’. 

5 SEC. 202. RIGHTS AND PROTECTIONS; RESPONSIBILITIES 

6 OF HEAD OF EMPLOYING OFFICE. 

7 Section 201 of the Congressional Accountability Act 

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

9 (1) in subsection (a)— 

10 (A)(i) in paragraph (2), by striking ‘‘or’’ 

11 at the end; 

12 (ii) in paragraph (3), by striking the pe13 riod at the end and inserting ‘‘; or’’; and 

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

15 ‘‘(4) sexual orientation, or gender identity, 

16 within the meaning of Executive Order 11478.’’; 

17 (B)(i) by redesignating paragraphs (1), 

18 (2), (3), and (4), as added by section 201(2), 

19 as subparagraphs (A), (B), (C), and (D), re20 spectively; 

21 (ii) by aligning the margins of such sub22 paragraphs with the margins of subparagraph 

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

24 (iii) by striking ‘‘All personnel’’ and insert25 ing the following: 


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

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

3 ‘‘(2) RESPONSIBILITIES.— 

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

5 the head of an employing office, or the highest 

6 ranking employee of the head of the employing 

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

8 the position involved would be aware of, covered 

9 harassment in the office, the individual shall 

10 carry out the responsibility described in sub11 paragraph (B). 

12 ‘‘(B) RESPONSIBILITIES.—The individual 

13 referred to in subparagraph (A) shall make af14 firmative efforts to address, and prevent the re15 currence of, covered harassment in the office.’’; 

16 and 

17 (2) in subsection (b)— 

18 (A) in paragraph (1), by striking ‘‘sub19 section (a)(1)’’ and inserting ‘‘subsection 

20 (a)(1)(A)’’; 

21 (B) in paragraph (2), by striking ‘‘sub22 section (a)(2)’’ and inserting ‘‘subsection 

23 (a)(1)(B)’’; and 


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1 (C) in paragraph (3), by striking ‘‘sub2 section (a)(3)’’ and inserting ‘‘subsection 

3 (a)(1)(C)’’. 

4 SEC. 203. COVERAGE OF INTERNS, FELLOWS, AND 

5 DETAILEES. 

6 Section 201 of the Congressional Accountability Act 

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

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

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

12 ‘‘(d) In this section, the term ‘covered employee’, 

13 used with respect to covered harassment, includes— 

14 ‘‘(1) an intern or fellow serving in a position in 

15 an employing office— 

16 ‘‘(A) without regard to whether the intern 

17 or fellow receives compensation; and 

18 ‘‘(B) if the intern or fellow does receive 

19 compensation, without regard to the source of 

20 compensation; and 

21 ‘‘(2) a detailee serving in a position in an em22 ploying office without regard to whether the service 

23 is on a reimbursable basis.’’. 


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1 SEC. 204. NOTICES. 

2 Part E of title II of the Congressional Accountability 

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

4 the end the following: 

5 ‘‘SEC. 226. NOTICES. 

6 ‘‘(a) IN GENERAL.—Every employing office shall post 

7 and keep posted (in conspicuous places upon its premises 

8 where notices to covered employees are customarily post9 ed) a notice provided by the Office that— 

10 ‘‘(1) describes the rights, protections, and pro11 cedures applicable to covered employees of the em12 ploying office under this Act, concerning covered 

13 harassment and covered discrimination; and 

14 ‘‘(2) includes contact information for the Office. 

15 ‘‘(b) DEFINITION.—In this section, the term ‘covered 

16 discrimination’ means— 

17 ‘‘(1) discrimination described in any of subpara18 graphs (A) through (E) of section 101(4); 

19 ‘‘(2) discrimination prohibited by section 210; 

20 or 

21 ‘‘(3) a violation of section 207 that is related to 

22 discrimination described in paragraph (1) or (2).’’. 

23 SEC. 205. CONFIDENTIAL ADVISOR. 

24 Section 302 of the Congressional Accountability Act 

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


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

2 as subsections (e) through (g), respectively; and 

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

5 ‘‘(d) CONFIDENTIAL ADVISOR.— 

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

7 shall— 

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

9 and may remove, a Confidential Advisor; or 

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

11 to serve as a Confidential Advisor. 

12 ‘‘(2) DUTIES.— 

13 ‘‘(A) VOLUNTARY SERVICES.—The Con14 fidential Advisor shall offer to provide the serv15 ices described in subparagraph (B), which a 

16 covered employee may accept or decline. 

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

18 in subparagraph (A) are— 

19 ‘‘(i) informing a covered employee who 

20 has experienced a practice that may be 

21 covered harassment about the employee’s 

22 rights under this Act; 

23 ‘‘(ii) consulting, on a confidential 

24 basis, with a covered employee who has exVerDate Sep 11 2014 23:26 Nov 17, 2017 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2159.IS S2159

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1 perienced a practice that may be covered 

2 harassment; and 

3 ‘‘(iii) assisting a covered employee 

4 who seeks consideration under title IV of 

5 an allegation involving covered harassment 

6 in understanding the procedures, and the 

7 significance of the procedures, described in 

8 that title.’’. 

9 SEC. 206. OVERALL PROCEDURE. 

10 Section 401 of the Congressional Accountability Act 

11 of 1995 (2 U.S.C. 1401) is amended— 

12 (1) in the first sentence— 

13 (A) in paragraph (1), by inserting ‘‘, which 

14 shall be voluntary in the case of an allegation 

15 of covered harassment’’ before the semicolon; 

16 and 

17 (B) in paragraph (2), by inserting ‘‘, which 

18 shall be voluntary in the case of an allegation 

19 of covered harassment’’ before the semicolon; 

20 and 

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

22 request for counseling, mediation, or a hearing, con23 cerning an allegation of covered harassment)’’ after 

24 ‘‘for counseling under section 402’’. 


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1 SEC. 207. NOTIFICATION. 

2 Section 401 of the Congressional Accountability Act 

3 of 1995, as amended by section 206, is further amended— 

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

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

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

8 ‘‘(b) NOTIFICATION AFTER ALLEGATION OF COV9 ERED HARASSMENT.—On receiving a request, under this 

10 title, for counseling or another proceeding for consider11 ation of alleged covered harassment, the Office shall pro12 vide to the employee written notification that describes the 

13 rights, protections, and procedures applicable to a covered 

14 employee who is raising such an allegation. 

15 ‘‘(c) NO REQUIREMENT TO PRESENT ALLEGATION

16 FIRST TO EMPLOYING OFFICE.—Notwithstanding any 

17 provision of law, regardless of whether a covered employee 

18 follows the employing office’s procedures for initially pre19 senting an allegation, or information about the allegation, 

20 of covered harassment to the employing office— 

21 ‘‘(1) the covered employee is privileged to re22 quest and obtain, under this title, counseling or an23 other proceeding for consideration of alleged covered 

24 harassment; and 

25 ‘‘(2) the covered employee— 


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

2 in accordance with section 405 or file a civil ac3 tion with a court in accordance with section 

4 408; 

5 ‘‘(B) may proceed without prejudice under 

6 the corresponding procedures specified in title 

7 IV including obtaining any available remedy; 

8 and 

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

10 intimidation, reprisal, or other discrimination 

11 described in section 207 as provided in that sec12 tion.’’. 

13 SEC. 208. AVAILABILITY OF REMOTE WORK ASSIGNMENT 

14 OR PAID LEAVE DURING PENDENCY OF PRO15 CEDURES. 

16 Section 401 of the Congressional Accountability Act 

17 of 1995 (2 U.S.C. 1401), as amended by section 207, is 

18 further amended by adding at the end the following new 

19 subsection: 

20 ‘‘(d) AVAILABILITY OF REMOTE WORK ASSIGNMENT

21 OR PAID LEAVE DURING PENDENCY OF PROCEDURES.— 

22 ‘‘(1) REQUIREMENTS FOR EMPLOYING OF23 FICES.— 

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

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1 ered harassment by the covered employee’s em2 ploying office, during the pendency of any of 

3 the procedures available under this title for con4 sideration of the allegation, the employing office 

5 shall permit the covered employee to carry out 

6 the employee’s responsibilities from a remote lo7 cation instead of from the location of the em8 ploying office. 

9 ‘‘(B) EXCEPTION FOR WORK ASSIGNMENTS

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

11 the determination of the covered employee’s em12 ploying office, a covered employee who makes a 

13 request under this paragraph cannot carry out 

14 the employee’s responsibilities from a remote lo15 cation, the employing office shall grant paid 

16 leave to a covered employee during the pend17 ency of the procedures available under this title 

18 for the covered employee. 

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

20 EMPLOYEES OF OFFICE OF MEMBER OR COMMITTEE

21 OF THE HOUSE OF REPRESENTATIVES.—If the office 

22 of a Member or committee of the House of Rep23 resentatives grants a covered employee of such office 

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

25 which the employee is on paid leave, the employee 


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1 shall not be counted among the number of employees 

2 of the office— 

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

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

5 the House of Representatives Administrative 

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

7 5321(a)); or 

8 ‘‘(B) in the case of the office of a com9 mittee of the House, for purposes of any rule 

10 or regulation of the House that governs the 

11 number of employees the committee may ap12 point. 

13 ‘‘(3) EXCEPTION FOR ARRANGEMENTS SUBJECT

14 TO COLLECTIVE BARGAINING AGREEMENTS.—Para15 graph (1) does not apply to the extent that it is in16 consistent with the terms and conditions of any col17 lective bargaining agreement that is in effect with 

18 respect to an employing office.’’. 

19 SEC. 209. ELECTRONIC REPORTING SYSTEM. 

20 Section 401 of the Congressional Accountability Act 

21 of 1995 (2 U.S.C. 1401), as amended by section 208, is 

22 further amended by adding at the end the following new 

23 subsection: 

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

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1 ing system through which a covered employee may initiate 

2 a proceeding under this title, and that will keep an elec3 tronic record of the date and time at which the proceeding 

4 is initiated.’’. 

5 SEC. 210. COUNSELING. 

6 Section 402(a) of the Congressional Accountability 

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

8 sentence, by inserting ‘‘or, in the case of an allegation of 

9 covered harassment, may request voluntary counseling by 

10 the Office’’ before the period. 

11 SEC. 211. MEDIATION. 

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

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

14 1403(a)) is amended— 

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

16 following: 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), not later’’; and 

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

20 ‘‘(2) ALLEGATION OF COVERED HARASS21 MENT.—In the case of an allegation of covered har22 assment— 

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

24 counseling under section 402, not later than 15 

25 days after receipt by the employee of notice of 


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1 the end of the counseling period under section 

2 402, but prior to making an election under sec3 tion 404, the covered employee who alleged a 

4 violation of a law may file a request for vol5 untary mediation with the Office; and 

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

7 request such counseling, not later than 180 

8 days after the date of the alleged violation, but 

9 prior to making an election under section 404, 

10 the covered employee may file a request for vol11 untary mediation with the Office.’’. 

12 (b) REQUIRING PARTIES TO BE SEPARATED DURING

13 MEDIATION AT REQUEST OF EMPLOYEE.—Section 

14 403(b)(2) of the Congressional Accountability Act of 1995 

15 (2 U.S.C. 1403(b)(2)) is amended by striking ‘‘meetings 

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

17 following: ‘‘meetings with the parties— 

18 ‘‘(1) held for the purpose of resolving the dis19 pute between the covered employee and the employ20 ing office; and 

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

22 (B), conducted separately or jointly; or 

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

24 alleges covered harassment, during which the parties 

25 shall be separated.’’. 


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1 SEC. 212. ELECTION OF PROCEEDING. 

2 Section 404 of the Congressional Accountability Act 

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

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

5 following: 

6 ‘‘(1) IN GENERAL.—Except as provided in sub7 section (b), not later’’; and 

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

9 ‘‘(b) ALLEGATION OF COVERED HARASSMENT.—In 

10 the case of an allegation of covered harassment— 

11 ‘‘(1) for a covered employee who requests medi12 ation under section 403 (or does not, but requests 

13 counseling under section 402), not later than 90 

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

15 counseling), the covered employee may either— 

16 ‘‘(A) file a complaint as described in sub17 section (a)(1); or 

18 ‘‘(B) file a civil action as described in sub19 section (a)(2); and 

20 ‘‘(2) for a covered employee who does not re21 quest such mediation (or counseling), not later than 

22 180 days after the date of the alleged violation, the 

23 covered employee may either— 

24 ‘‘(A) file a complaint as described in sub25 section (a)(1); or 


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1 ‘‘(B) file a civil action as described in sub2 section (a)(2).’’. 

3 SEC. 213. COMPLAINT AND PROCEEDING. 

4 Section 405(a) of the Congressional Accountability 

5 Act of 1995 (2 U.S.C. 1405(a)) is amended by striking 

6 subsection (a) and inserting the following: 

7 ‘‘(a) COMPLAINT.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2)— 

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

11 completion of mediation under section 403, file 

12 a complaint with the Office; and 

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

14 be the employing office— 

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

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

17 to have occurred; and 

18 ‘‘(ii) about which mediation was con19 ducted. 

20 ‘‘(2) ALLEGATION OF COVERED HARASS21 MENT.—In the case of an allegation of 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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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 SEC. 214. INVESTIGATORY POWERS. 

7 Section 405 of the Congressional Accountability Act 

8 of 1995 (2 U.S.C. 1405) is amended by striking sub9 section (e) and inserting the following: 

10 ‘‘(e) INVESTIGATIONS AND DISCOVERY.— 

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

12 the authority to conduct investigations regarding 

13 complaints of covered harassment filed under this 

14 section, including investigations with respect to prac15 tices experienced by former covered employees that 

16 may be covered harassment. 

17 ‘‘(2) DISCOVERY.—Reasonable prehearing dis18 covery may be permitted at the discretion of the 

19 hearing officer regarding a complaint filed under 

20 this section.’’. 

21 SEC. 215. CIVIL ACTION. 

22 Section 408(a) of the Congressional Accountability 

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

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

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1 ation under section 403’’ and inserting ‘‘who meets 

2 the applicable requirements of section 404’’; and 

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

4 violation that is covered harassment’’ before the pe5 riod. 

6 SEC. 216. PERSONAL LIABILITY OF MEMBERS OF CON7 GRESS FOR PAYMENT OF SETTLEMENTS AND 

8 AWARDS. 

9 Section 415 of the Congressional Accountability Act 

10 of 1995 (2 U.S.C. 1415) is amended by adding at the end 

11 the following: 

12 ‘‘(d) PERSONAL LIABILITY OF MEMBERS OF CON13 GRESS FOR PAYMENT OF SETTLEMENTS AND AWARDS.— 

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

15 the account described in subsection (a) for an award 

16 or settlement resulting from harassment described in 

17 paragraph (2), the Member of Congress who com18 mitted the harassment shall reimburse the account 

19 for the amount of the award or settlement. 

20 ‘‘(2) HARASSMENT.—The harassment referred 

21 to in paragraph (1) is— 

22 ‘‘(A) quid pro quo covered harassment that 

23 was committed personally by a Member of Con24 gress; or 


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1 ‘‘(B) hostile environment covered harass2 ment that a Member of Congress committed by 

3 personally creating a hostile environment.’’. 

4 SEC. 217. CONFIDENTIALITY. 

5 Section 416 of the Congressional Accountability Act 

6 of 1995 (2 U.S.C. 1416) is amended by adding at the end 

7 the following: 

8 ‘‘(g) WAIVER.—A covered employee who requests, 

9 under this title, counseling or another proceeding for con10 sideration of alleged covered harassment may waive the 

11 employee’s right to confidentiality under this section dur12 ing counseling or at any time after the last proceeding 

13 sought by the employee under this title has concluded (in14 cluding after settlement or a voluntary termination of that 

15 proceeding).’’. 

16 SEC. 218. OFFICE OF CONGRESSIONAL WORKPLACE 

17 RIGHTS. 

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

19 (10)(D), (11), (13), and (14) of section 101 (as redesig20 nated by section 201 of this Act), sections 210(a)(9), 

21 215(e)(1), 220(e)(2)(G), and 301(a), and paragraphs (4) 

22 and (5) of section 304(c) of the Congressional Account23 ability Act of 1995 (2 U.S.C. 1301, 1331(a)(9), 

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1 ed by striking ‘‘Office of Compliance’’ and inserting ‘‘Of2 fice of Congressional Workplace Rights’’. 

3 (b) HEADINGS.—Title III of the Congressional Ac4 countability Act of 1995 (2 U.S.C. 1381 et seq.) is amend5 ed by striking the headings for title III and section 301 

6 and inserting the following: 

7 ‘‘TITLE III—OFFICE OF CON8 GRESSIONAL WORKPLACE 

9 RIGHTS 

10 ‘‘SEC. 301. ESTABLISHMENT OF OFFICE OF CONGRES11 SIONAL WORKPLACE RIGHTS.’’. 

12 SEC. 219. CONFORMING AMENDMENTS. 

13 (a) IN GENERAL.—Section 415(c) of the Congres14 sional Accountability Act of 1995 (2 U.S.C. 1415(c)) is 

15 amended by striking ‘‘section 201(a)(3)’’ and inserting 

16 ‘‘section 201(a)(1)(C)’’. 

17 (b) TABLE OF CONTENTS.—The table of contents in 

18 section 1(b) the Congressional Accountability Act of 1995 

19 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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