II 

115TH CONGRESS 

2D SESSION S. 2401 

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

have violated the rights and protections provided to their employees 

under such Act, including protections against sexual harassment, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2018 

Mr. GRASSLEY introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Congressional Accountability Act of 1995 to 

reform the procedures provided under such Act for the 

initiation, investigation, and resolution of claims alleging 

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

harassment, and for other purposes. 

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


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

2 CONTENTS. 

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

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

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

7 amendment or repeal is expressed in terms of an amend8 ment to or repeal of a section or other provision, the ref9 erence shall be considered to be made to that section or 

10 other provision of the Congressional Accountability Act of 

11 1995 (2 U.S.C. 1301 et seq.). 

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

13 this Act is as follows: 

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

TITLE I—REFORM OF DISPUTE RESOLUTION PROCEDURES 

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

of Claims 

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

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

Sec. 103. Investigation of claims by General Counsel. 

Sec. 104. Availability of mediation during investigations. 

Subtitle B—Other Reforms 

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

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

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

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

staff. 

Sec. 113. Availability of remote work assignment or paid leave of absence during pendency of procedures. 

Sec. 114. Modification of rules on confidentiality of proceedings. 

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

payments of certain awards and settlements. 


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TITLE II—IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE 

Sec. 201. Reports on claims, awards, and settlements. 

Sec. 202. Workplace climate surveys of employing offices. 

Sec. 203. Record retention. 

Sec. 204. GAO study of management practices. 

Sec. 205. GAO audit of cybersecurity. 

TITLE III—MISCELLANEOUS REFORMS 

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

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

Sec. 303. Clarification of coverage of employees of Stennis Center and Helsinki 

and China Commissions. 

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

Sec. 305. Application of Genetic Information Nondiscrimination Act of 2008. 

Sec. 306. Generally applicable remedies and limitations. 

Sec. 307. Renaming Office of Compliance as Office of Congressional Workplace 

Rights. 

TITLE IV—EFFECTIVE DATE 

Sec. 401. Effective date. 

1 TITLE I—REFORM OF DISPUTE 

2 RESOLUTION PROCEDURES 

3 Subtitle A—Reform of Procedures 

4 for Initiation, Investigation, and 

5 Resolution of Claims 

6 SEC. 101. DESCRIPTION OF PROCEDURES AVAILABLE FOR 

7 CONSIDERATION OF ALLEGED VIOLATIONS. 

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

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

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

11 VIOLATIONS. 

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

14 consideration of an alleged violation of part A of title II 

15 consists of— 


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

3 402; 

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

6 403; and 

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

8 405, subject to Board review as provided in section 

9 406, and judicial review in the United States Court 

10 of Appeals for the Federal Circuit as provided in 

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

12 conducted by the General Counsel as provided in 

13 section 403, the General Counsel finds either— 

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

17 in the covered employee’s claim; or 

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

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

22 in the covered employee’s claim. 

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


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

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

3 the period described in paragraph (3), file a civil ac4 tion in a district court of the United States with re5 spect to the alleged violation involved, as provided in 

6 section 408. 

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

10 action— 

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

12 General Counsel as provided in section 403, or 

13 any subsequent formal hearing as provided in 

14 section 405, shall terminate upon the filing of 

15 the action by the covered employee; and 

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

17 alleged violation shall not include any further 

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

21 405. 

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

23 period described in this paragraph with respect to a 

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


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1 the covered employee files the claim under section 

2 402. 

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

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

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

10 in accordance with section 408, the covered employee 

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

12 receiving such written notice. 

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

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

17 section 402, may recommend that the employee use, for 

18 a specific period of time, the grievance procedures of the 

19 Architect of the Capitol or the Capitol Police for resolution 

20 of the employee’s grievance. 

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

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

23 the authority of any particular individual, including a cov24 ered employee, the head of an employing office, or an indi25 vidual who is alleged to have personally committed an act 


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1 which consists of a violation of part A of title II, to retain 

2 counsel to protect the interests of the particular individual 

3 at any point during any of the procedures provided under 

4 this Act for the consideration of an alleged violation of 

5 part A of title II, including as provided under section 

6 415(d)(7) with respect to Members of the House of Rep7 resentatives and Senators. 

8 ‘‘(e) STANDARDS FOR COUNSEL PROVIDING REP9 RESENTATION.—Any counsel who represents a party in 

10 any of the procedures provided under this Act shall have 

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

12 knowledge, information, and belief, as formed after an in13 quiry which is reasonable under the circumstances, each 

14 of the following is correct: 

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

16 paper is presented for any improper purpose, such 

17 as to harass, cause unnecessary delay, or needlessly 

18 increase the cost of resolution of the matter. 

19 ‘‘(2) The claims, defenses, and other legal con20 tentions the counsel advocates are warranted by ex21 isting law or by a nonfrivolous argument for extend22 ing, modifying, or reversing existing law or for es23 tablishing new law. 

24 ‘‘(3) The factual contentions have evidentiary 

25 support or, if specifically so identified, will likely 


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

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

7 (b) CONFORMING AMENDMENT RELATING TO CIVIL

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

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

10 ‘‘section 401’’; 

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

12 under section 402 and mediation under section 

13 403’’; and 

14 (3) by striking the second sentence. 

15 (c) CONFORMING AMENDMENT RELATED TO SET16 TLEMENTS.—Section 414 (2 U.S.C. 1414) is amended by 

17 striking ‘‘or 401’’ and inserting ‘‘401, or 403(c)(3)’’. 

18 (d) OTHER CONFORMING AMENDMENTS.—Title IV is 

19 amended— 

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

21 and 

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

23 1403) as section 404. 

24 (e) CLERICAL AMENDMENTS.—The table of contents 

25 is amended— 


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

2 and 

3 (2) by redesignating the item relating to section 

4 403 as relating to section 404. 

5 SEC. 102. REFORM OF PROCESS FOR INITIATION OF PROCE6 DURES. 

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

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

9 ‘‘SEC. 402. INITIATION OF PROCEDURES. 

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

11 a proceeding under this title, a covered employee alleging 

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

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

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

15 in such form as the Office requires. 

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

17 ‘‘(1) INTAKE AND RECORDING; NOTIFICATION

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

19 by a covered employee under subsection (a), the Of20 fice shall take such steps as may be necessary for 

21 the initial intake and recording of the claim, includ22 ing providing the employee with all relevant informa23 tion with respect to the rights of the employee under 

24 this Act, and shall notify the head of the employing 

25 office of the claim. 


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1 ‘‘(2) SPECIAL NOTIFICATION REQUIREMENTS

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

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

5 alleging a violation described in subparagraph 

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

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

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

19 any mediation, hearing, or civil action under 

20 this title with respect to the claim. 

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

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

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

25 consists of intimidating, taking reprisal 


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1 against, or otherwise discriminating 

2 against any covered employee because the 

3 covered employee has opposed any practice 

4 made unlawful by section 201(a). 

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

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

9 electronic reporting and tracking system through 

10 which a covered employee may initiate a proceeding 

11 under this title, and which will keep an electronic 

12 record of the date and time at which the proceeding 

13 is initiated and will track all subsequent actions or 

14 proceedings occurring with respect to the proceeding 

15 under this title. 

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

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

19 such actions or proceedings. 

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

22 contained in the system to make regular assessments 

23 of the effectiveness of the procedures under this title 

24 in providing for the timely resolution of claims, and 

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

3 Committee on Rules and Administration of the Sen4 ate. 

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

6 a claim under this section with respect to an allegation 

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

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

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

12 to limit the ability of a covered employee— 

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

15 to seek information regarding the employee’s rights 

16 under this Act and the procedures available under 

17 this Act; 

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

19 employing office of the House of Representatives or 

20 Senate, to refer information regarding an alleged 

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

22 Ethics of the House of Representatives or the Select 

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

24 be); or 


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

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

4 is amended by amending the item relating to section 402 

5 to read as follows: 

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

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

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

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

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

12 ‘‘SEC. 403. INVESTIGATION OF CLAIMS. 

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

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

16 involved. 

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

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

20 and conditions, as a hearing officer may issue subpoenas 

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

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

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


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1 Congress that the General Counsel should issue subpoenas 

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

6 subsection (e). 

7 ‘‘(c) REPORT; FINDINGS.— 

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

11 the investigation to the covered employee and the 

12 employing office involved. 

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

14 Counsel shall include in the report transmitted 

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

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

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

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

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

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

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

3 as alleged in the covered employee’s claim. 

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

6 with a finding under subparagraph (B) of paragraph 

7 (2), the General Counsel shall also transmit to the 

8 covered employee a written notice that the employee 

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

10 claim under section 408. 

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

13 with a finding under subparagraph (A) or subpara14 graph (C) of paragraph (2), the General Counsel 

15 shall also transmit the report to the Executive Di16 rector. 

17 ‘‘(5) TRANSMISSION OF REPORT ON INVESTIGA18 TION OF CERTAIN CLAIMS TO CONGRESSIONAL ETH19 ICS COMMITTEES.— 

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

21 transmitted by the General Counsel under para22 graph (1) on the results of an investigation of 

23 a claim alleging a violation described in sub24 paragraph (B) which consists of an act com25 mitted personally by a Member of the House of 


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1 Representatives (including a Delegate or Resi2 dent Commissioner to the Congress) or a Sen3 ator, the General Counsel shall transmit the re4 port to— 

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

6 House of Representatives, in the case of a 

7 Member of the House (including a Dele8 gate or Resident Commissioner to the Con9 gress); or 

10 ‘‘(ii) the Select Committee on Ethics 

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

12 ‘‘(B) VIOLATIONS DESCRIBED.—A viola13 tion described in this subparagraph is— 

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

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

16 consists of intimidating, taking reprisal 

17 against, or otherwise discriminating 

18 against any covered employee because the 

19 covered employee has opposed any practice 

20 made unlawful by section 201(a). 

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

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

23 the General Counsel may make a recommendation that the 

24 covered employee and the employing office pursue medi25 ation under section 404 with respect to the claim. 


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

2 The General Counsel shall conclude the investigation of 

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

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

5 the claim is filed under section 402, except that the Gen6 eral Counsel may (upon notice to the parties to the inves7 tigation) use an additional period of not to exceed 30 days 

8 to conclude the investigation.’’. 

9 (b) CONFORMING AMENDMENTS RELATING TO

10 HEARINGS CONDUCTED BY OFFICE OF COMPLIANCE.— 

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

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

13 AND’’. 

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

16 ‘‘(a) REQUIREMENT FOR OFFICE TO CONDUCT

17 HEARINGS.— 

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

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

22 on the investigation of a claim under section 

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


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

2 described in this subparagraph is— 

3 ‘‘(i) a finding under section 

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

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

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

9 ‘‘(ii) a finding under section 

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

11 cannot determine whether or not there is 

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

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

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

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

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

20 ‘‘claim’’. 

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

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

24 Director receives the General Counsel’s report on the 

25 investigation of the claim’’. 


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

2 and inserting ‘‘claim’’. 

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

5 ‘‘OF COMPLAINTS’’. 

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

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

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

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

11 (2) By amending the item relating to section 

12 405 to read as follows: 

‘‘Sec. 405. Hearing.’’. 

13 (3) By amending the item relating to section 

14 414 to read as follows: 

‘‘Sec. 414. Settlement.’’. 

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

17 (a) OPTION TO REQUEST MEDIATION.—Section 

18 404(a) (2 U.S.C. 1403(a)), as redesignated by section 

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

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1 ployee and the employing office may jointly file a request 

2 for mediation with the Office.’’. 

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

4 section 404(c) (2 U.S.C. 1403(c)), as redesignated by sec5 tion 101(c), is amended to read as follows: ‘‘The mediation 

6 period may be extended for one additional period of 30 

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

9 (c) REQUIRING PARTIES TO BE SEPARATED DURING

10 MEDIATION AT REQUEST OF EMPLOYEE.—Section 

11 404(b)(2) (2 U.S.C. 1403(b)(2)), as redesignated by sec12 tion 101(c), is amended by striking ‘‘meetings with the 

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

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

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

16 Subtitle B—Other Reforms 

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

19 SETTLEMENTS AND AWARDS IN CASES OF 

20 ACTS COMMITTED PERSONALLY BY MEM21 BERS. 

22 (a) MANDATING REIMBURSEMENT OF AMOUNTS

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


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1 ‘‘(d) REIMBURSEMENT BY MEMBERS OF CONGRESS

2 OF AMOUNTS PAID AS SETTLEMENTS AND AWARDS.— 

3 ‘‘(1) REIMBURSEMENT REQUIRED FOR CERTAIN

4 VIOLATIONS.— 

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

6 from the account described in subsection (a) for 

7 an award or settlement in connection with a 

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

10 personally by an individual who, at the time of 

11 committing the act, was a Member of the 

12 House of Representatives (including a Delegate 

13 or Resident Commissioner to the Congress) or 

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

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

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

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

21 consists of intimidating, taking reprisal 

22 against, or otherwise discriminating 

23 against any covered employee because the 

24 covered employee has opposed any practice 

25 made unlawful by section 201(a). 


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

2 ‘‘(A) ESTABLISHMENT OF TIMETABLE AND

3 PROCEDURES BY COMMITTEES.—For purposes 

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

6 procedures for the withholding of amounts from 

7 the compensation of an individual who is a 

8 Member of the House of Representatives or a 

9 Senator. 

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

13 in subsection (a) (after transferring to the ac14 count of the individual in the Thrift Savings 

15 Fund any amount that the individual had re16 quested to be so transferred) such amounts as 

17 may be necessary to reimburse the account de18 scribed in subsection (a) for the payment of an 

19 award or settlement described in paragraph (1) 

20 if the individual has not reimbursed the account 

21 as required under paragraph (1) prior to the 

22 expiration of the 90-day period which begins on 

23 the date a payment is made from the account 

24 for such an award or settlement. 


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1 ‘‘(C) APPLICABLE COMMITTEE DEFINED.— 

2 In this paragraph, the ‘applicable Committee’ 

3 means— 

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

6 in the case of an individual who, at the 

7 time of the withholding, is a Member of 

8 the House; or 

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

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

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

14 FUND AS SOURCE OF REIMBURSEMENT.— 

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

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

17 a payment is made from the account described 

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

20 a Member of the House of Representatives or a 

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


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1 Fund to the account described in subsection 

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

4 has reimbursed, taking into account any 

5 amounts withheld under paragraph (2)). 

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

8 Code, the Executive Director shall make the 

9 transfer under subparagraph (A) upon receipt 

10 of a written request to the Executive Director 

11 from the Secretary of the Treasury, in the form 

12 and manner required by the Executive Director, 

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

15 may be). 

16 ‘‘(4) NOTIFICATION TO OFFICE OF PERSONNEL

17 MANAGEMENT AND SECRETARY OF THE TREASURY; 

18 GARNISHMENT.—If, at the time an individual is first 

19 no longer receiving compensation as a Member or a 

20 Senator, the amounts withheld under this subsection 

21 have not been sufficient to reimburse the account 

22 described in subsection (a) for an award or settle23 ment described in paragraph (1), the payroll admin24 istrator— 


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

2 of Personnel Management, who shall take such 

3 actions as the Director considers appropriate to 

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

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

8 as may be necessary to reimburse the account 

9 for the payment; and 

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

11 Treasury, who (if necessary), notwithstanding 

12 section 207 of the Social Security Act (42 

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

15 withhold from any payment to the individual 

16 under title II of the Social Security Act (42 

17 U.S.C. 401 et seq.) and transfer to the account 

18 described in subsection (a), such amounts as 

19 may be necessary to reimburse the account for 

20 the payment. 

21 ‘‘(5) COORDINATION BETWEEN OPM AND

22 TREASURY.—The Director of the Office of Personnel 

23 Management and the Secretary of the Treasury shall 

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

25 the coordination of the withholding and transferring 


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1 of amounts under such paragraph, in accordance 

2 with regulations promulgated by the Director and 

3 the Secretary. 

4 ‘‘(6) DEFINITIONS.—In this section: 

5 ‘‘(A) COMMITTED PERSONALLY.—The 

6 term ‘committed personally’, used with respect 

7 to an act and an individual, does not include a 

8 practice committed by a second individual and 

9 attributed to the first individual or that individ10 ual’s employing office. 

11 ‘‘(B) PAYROLL ADMINISTRATOR.—The 

12 term ‘payroll administrator’ means— 

13 ‘‘(i) in the case of an individual who 

14 is a Member of the House of Representa15 tives, the Chief Administrative Officer of 

16 the House of Representatives, or an em17 ployee of the Office of the Chief Adminis18 trative Officer who is designated by the 

19 Chief Administrative Officer to carry out 

20 this subsection; or 

21 ‘‘(ii) in the case of an individual who 

22 is a Senator, the Secretary of the Senate, 

23 or an employee of the Office of the Sec24 retary of the Senate who is designated by 

25 the Secretary to carry out this subsection. 


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

2 who is subject to the reimbursement requirement of 

3 this subsection shall have the right to intervene in 

4 any mediation, hearing, or civil action under this 

5 title to the extent necessary to protect the interests 

6 of the individual in the determination of whether an 

7 award or settlement described in paragraph (1) 

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

9 or settlement, except that nothing in this paragraph 

10 may be construed to require the covered employee 

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

12 individual in a deposition which is separate from any 

13 other deposition taken from the employee in connec14 tion with the hearing or civil action.’’. 

15 (b) CONFORMING AMENDMENT RELATING TO

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

17 United States Code, is amended by striking ‘‘or an obliga18 tion’’ and inserting the following: ‘‘an obligation of the Ex19 ecutive Director to make a transfer under section 

20 415(d)(3) of the Congressional Accountability Act of 

21 1995, or an obligation’’. 

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

23 subsections (a) and (b) shall apply with respect to pay24 ments made on or after the date of the enactment of this 

25 Act. 


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1 SEC. 112. AUTOMATIC REFERRAL TO CONGRESSIONAL ETH2 ICS COMMITTEES OF DISPOSITION OF CER3 TAIN CLAIMS ALLEGING VIOLATIONS OF 

4 CONGRESSIONAL ACCOUNTABILITY ACT OF 

5 1995 INVOLVING MEMBERS OF CONGRESS 

6 AND SENIOR STAFF. 

7 Section 416(e) (2 U.S.C. 1416(e)) is amended to read 

8 as follows: 

9 ‘‘(e) AUTOMATIC REFERRALS TO CONGRESSIONAL

10 ETHICS COMMITTEES OF DISPOSITIONS OF CLAIMS IN11 VOLVING MEMBERS OF CONGRESS AND SENIOR STAFF.— 

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

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

14 claim alleging a violation described in section 

15 415(d)(1)(B) which consists of an act committed 

16 personally by a Member of the House of Representa17 tives (including a Delegate or Resident Commis18 sioner to the Congress) or a Senator, or by a senior 

19 staffer of an employing office of the House of Rep20 resentatives or Senate, the Executive Director shall 

21 refer the claim to— 

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

23 House of Representatives, in the case of a 

24 Member or senior staffer of the House (includ25 ing a Delegate or Resident Commissioner to the 

26 Congress); or 


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

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

3 staffer of the Senate. 

4 ‘‘(2) ACCESS TO RECORDS AND INFORMA5 TION.—If the Executive Director refers a claim to a 

6 Committee under paragraph (1), the Executive Di7 rector shall provide the Committee with access to the 

8 records of any investigations, hearings, findings, or 

9 decisions of the hearing officers, the Board, or the 

10 General Counsel, under this title, and any informa11 tion relating to an award or settlement paid, in re12 sponse to such claim. 

13 ‘‘(3) PROTECTION OF PERSONALLY IDENTIFI14 ABLE INFORMATION.—If a Committee to which a 

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

16 with respect to the claim, the Committee shall en17 sure that the report does not directly disclose the 

18 identity or position of the individual who filed the 

19 claim. 

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

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

22 any of the following: 

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

24 award or settlement, including an agreement 


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1 reached pursuant to mediation under section 

2 404. 

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

4 under section 405(g). 

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

6 section 406(e). 

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

8 under section 408. 

9 ‘‘(5) SENIOR STAFFER DEFINED.—In this sub10 section, the term ‘senior staffer’ means any indi11 vidual who, at the time a violation occurred, was re12 quired to file a report under title I of the Ethics in 

13 Government Act of 1978 (5 U.S.C. App.).’’. 

14 SEC. 113. AVAILABILITY OF REMOTE WORK ASSIGNMENT 

15 OR PAID LEAVE OF ABSENCE DURING PEND16 ENCY OF PROCEDURES. 

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

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

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

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

22 ‘‘(a) OPTIONS FOR EMPLOYEES.— 

23 ‘‘(1) REMOTE WORK ASSIGNMENT.—At the re24 quest of a covered employee who files a claim alleg25 ing a violation of part A of title II by the covered 


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1 employee’s employing office, during the pendency of 

2 any of the procedures available under this title for 

3 consideration of the claim, the employing office may 

4 permit the covered employee to carry out the em5 ployee’s responsibilities from a remote location in6 stead of from a location of the employing office. 

7 ‘‘(2) EXCEPTION FOR WORK ASSIGNMENTS RE8 QUIRED TO BE CARRIED OUT ONSITE.—If, in the de9 termination of the covered employee’s employing of10 fice, a covered employee who makes a request under 

11 this subsection cannot carry out the employee’s re12 sponsibilities from a remote location, the employing 

13 office may grant paid leave of absence to a covered 

14 employee during the pendency of the procedures 

15 available under this title for the covered employee. 

16 ‘‘(3) ENSURING NO RETALIATION.—An employ17 ing office may not respond to a covered employee’s 

18 request under this subsection in a manner which 

19 would constitute a violation of section 207. 

20 ‘‘(b) EXCEPTION FOR ARRANGEMENTS SUBJECT TO

21 COLLECTIVE BARGAINING AGREEMENTS.—Subsection (a) 

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

23 the terms and conditions of any collective bargaining 

24 agreement which is in effect with respect to an employing 

25 office.’’. 


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

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

3 title IV the following new item: 

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

4 SEC. 114. MODIFICATION OF RULES ON CONFIDENTIALITY 

5 OF PROCEEDINGS. 

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

7 (2 U.S.C. 1416(a)) is amended to read as follows: 

8 ‘‘(a) CLAIMS AND INVESTIGATIONS.—Information re9 lating to the filing of a claim under section 402 and the 

10 investigation of a claim under section 403 shall be con11 fidential. Nothing in this subsection may be construed to 

12 prohibit a covered employee or an employing office from 

13 disclosing any information related to the claim (including 

14 information related to the defense of the claim) in the 

15 course of any proceeding under this title.’’. 

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

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

18 information discussed or disclosed in the course of any me19 diation’’. 


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1 SEC. 115. REIMBURSEMENT BY OTHER EMPLOYING OF2 FICES OF LEGISLATIVE BRANCH OF PAY3 MENTS OF CERTAIN AWARDS AND SETTLE4 MENTS. 

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

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

7 amended by adding at the end the following new sub8 section: 

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

10 ‘‘(1) NOTIFICATION OF PAYMENTS MADE FROM

11 ACCOUNT.—As soon as practicable after the Execu12 tive Director is made aware that a payment of an 

13 award or settlement under this Act has been made 

14 from the account described in subsection (a) in con15 nection with a claim alleging a violation described in 

16 section 402(b)(2)(B) by an employing office (other 

17 than an employing office of the House of Represent18 atives or an employing office of the Senate), the Ex19 ecutive Director shall notify the head of the employ20 ing office associated with the claim that the payment 

21 has been made, and shall include in the notification 

22 a statement of the amount of the payment. 

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

24 than 180 days after receiving a notification from the 

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

26 the employing office involved shall transfer to the acVerDate Sep 11 2014 22:08 Feb 09, 2018 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2401.IS S2401

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1 count described in subsection (a), out of any funds 

2 available for operating expenses of the office, a pay3 ment equal to the amount specified in the notifica4 tion. 

5 ‘‘(3) TIMETABLE AND PROCEDURES FOR REIM6 BURSEMENT.—The head of an employing office shall 

7 transfer a payment under paragraph (2) in accord8 ance with such timetable and procedures as may be 

9 established under regulations promulgated by the 

10 Office.’’. 

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

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

13 under section 415 of the Congressional Accountability Act 

14 of 1995 (2 U.S.C. 1415) on or after the date of the enact15 ment of this Act. 

16 TITLE II—IMPROVING OPER17 ATIONS OF OFFICE OF COM18 PLIANCE 

19 SEC. 201. REPORTS ON CLAIMS, AWARDS, AND SETTLE20 MENTS. 

21 (a) SEMIANNUAL REPORTS ON CLAIMS, AWARDS, 

22 AND SETTLEMENTS.— 

23 (1) REQUIRING SUBMISSION AND PUBLICATION

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

25 amended— 


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1 (A) in subsection (h)(3), by striking ‘‘com2 plaint’’ each place it appears and inserting 

3 ‘‘claim’’; and 

4 (B) by adding at the end the following new 

5 subsection: 

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

7 AND SETTLEMENTS.— 

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

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

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

11 period of each calendar year, the Office shall submit 

12 to Congress and publish on the Office’s public 

13 website a report listing each award or settlement 

14 which was paid during the previous two 6-month pe15 riods from the account described in section 415(a) 

16 as the result of a claim alleging a violation of part 

17 A of title II, including the employing office involved, 

18 the amount of the award or settlement, the provision 

19 of part A of title II which was the subject of the 

20 claim, and (in the case of an award or settlement re21 sulting from a violation described in section 

22 415(d)(1)(B) which was committed personally by a 

23 Member or former Member of Congress), whether 

24 the Member or former Member is in compliance with 


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1 the requirement of section 415(d) to reimburse the 

2 account for the amount of the award or settlement. 

3 ‘‘(2) PROTECTION OF IDENTITY OF INDIVID4 UALS RECEIVING AWARDS AND SETTLEMENTS.—In 

5 preparing and submitting the reports required under 

6 paragraph (1), the Office shall ensure that the iden7 tity or position of any individual who received an 

8 award or settlement, or who made an allegation of 

9 a violation against an employing office, is not dis10 closed.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

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

13 and each succeeding year. 

14 (b) REPORT ON AMOUNTS PREVIOUSLY PAID.— 

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

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

17 Compliance shall submit to Congress and make 

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

19 a report on all payments made with public funds 

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

21 awards and settlements in connection with violations 

22 of section 201(a) of the Congressional Accountability 

23 Act of 1995 (2 U.S.C. 1311(a)), and shall include 

24 in the report the following information: 


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1 (A) The amount paid for each such award 

2 or settlement. 

3 (B) The source of the public funds used 

4 for the award or settlement, without regard to 

5 whether the funds were paid from the account 

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

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

8 Representatives or Senate, or any other account 

9 of the Federal Government. 

10 (2) RULE OF CONSTRUCTION REGARDING IDEN11 TIFICATION OF HOUSE AND SENATE ACCOUNTS.— 

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

13 require or permit the Office of Compliance to report 

14 the account of any specific office of the House of 

15 Representatives or Senate as the source of funds 

16 used for an award or settlement. 

17 SEC. 202. WORKPLACE CLIMATE SURVEYS OF EMPLOYING 

18 OFFICES. 

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

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

21 new section: 

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

23 OFFICES. 

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

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


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1 section, and every 2 years thereafter, the Office shall con2 duct a survey of employing offices under this Act regard3 ing the workplace environment of such offices. 

4 ‘‘(b) SPECIAL INCLUSION OF INFORMATION ON SEX5 UAL HARASSMENT.—In each survey conducted under this 

6 section, the Office shall survey respondents on attitudes 

7 regarding sexual harassment. 

8 ‘‘(c) METHODOLOGY.— 

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

10 each survey under this section in accordance with 

11 methodologies established by the Office. 

12 ‘‘(2) CONFIDENTIALITY.—Under the meth13 odologies established under paragraph (1), all re14 sponses to all portions of the survey shall be anony15 mous and confidential, and each respondent shall be 

16 told throughout the survey that all responses shall 

17 be anonymous and confidential. 

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

19 shall furnish the information obtained from the surveys 

20 conducted under this section to the Committee on House 

21 Administration of the House of Representatives and the 

22 Committee on Homeland Security and Governmental Af23 fairs of the Senate. 

24 ‘‘(e) CONSULTATION WITH COMMITTEES.—The Of25 fice shall carry out this section, including establishment 


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

2 consultation with the Committee on House Administration 

3 of the House of Representatives and the Committee on 

4 Homeland Security and Governmental Affairs of the Sen5 ate. 

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

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

8 considered an employing office.’’. 

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

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

11 title III the following new item: 

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

12 SEC. 203. RECORD RETENTION. 

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

14 201(a), is further amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(m) RECORD RETENTION.—The Office shall estab17 lish and maintain a program for the permanent retention 

18 of its records, including the records of investigations, me19 diations, hearings, and other proceedings conducted under 

20 this Act.’’. 

21 SEC. 204. GAO STUDY OF MANAGEMENT PRACTICES. 

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

23 States shall conduct a study of the management practices 

24 of the Office of Compliance. 


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

2 after the date of the enactment of this Act, the Comp3 troller General of the United States shall submit to Con4 gress a report on the study conducted under subsection 

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

6 as the Comptroller General considers appropriate for im7 provements to the management practices of the Office of 

8 Compliance. 

9 SEC. 205. GAO AUDIT OF CYBERSECURITY. 

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

11 States shall conduct an audit of the cybersecurity systems 

12 and practices of the Office of Compliance. 

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

14 after the date of the enactment of this Act, the Comp15 troller General of the United States shall submit to Con16 gress a report on the audit conducted under subsection 

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

18 as the Comptroller General considers appropriate for im19 provements to the cybersecurity systems and practices of 

20 the Office of Compliance. 


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1 TITLE III—MISCELLANEOUS 

2 REFORMS 

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

4 PROTECTIONS AGAINST EMPLOYMENT DIS5 CRIMINATION. 

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

7 amended— 

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

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

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

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

14 and section 207, shall apply with respect to any staff 

15 of an employing office who carry out official duties 

16 of the employing office but who are not paid by the 

17 employing office for carrying out such duties, includ18 ing an intern, an individual detailed to an employing 

19 office, or an individual participating in a fellowship 

20 program (including an applicant for an internship, a 

21 detail position, or a fellowship and a former intern, 

22 detailee, or fellow) in the same manner and to the 

23 same extent as such subsections and section apply 

24 with respect to a covered employee. 


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

2 paragraph (1) may be construed to extend liability 

3 for a violation of subsection (a) or section 207 to an 

4 employing office on the basis of an action taken by 

5 any person who is not under the supervision or con6 trol of the employing office. 

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

8 means an individual who performs service, for an 

9 employing office, which is uncompensated by the 

10 United States to earn credit awarded by an edu11 cational institution or to learn a trade or occupation, 

12 and includes any individual participating in a page 

13 program operated by any House of Congress.’’. 

14 (b) TECHNICAL CORRECTION RELATING TO OFFICE

15 RESPONSIBLE FOR DISBURSEMENT OF PAY TO HOUSE

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

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

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

19 Administrative Officer of the House of Representatives’’. 

20 SEC. 302. COVERAGE OF EMPLOYEES OF LIBRARY OF CON21 GRESS. 

22 (a) COVERAGE FOR PURPOSES OF PROTECTIONS

23 AGAINST WORKPLACE DISCRIMINATION.—Section 201 (2 

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

25 amended— 


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

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

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

6 purposes of this section— 

7 ‘‘(1) the Library of Congress shall be consid8 ered an employing office; and 

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

10 shall be considered covered employees.’’. 

11 (b) AVAILABILITY OF ALTERNATIVE GRIEVANCE

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

13 by section 101(a), is amended— 

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

15 subsections (e) and (f); and 

16 (2) by inserting after subsection (c) the fol17 lowing new subsection: 

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

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

20 the employee may use the alternative grievance procedures 

21 of the Library of Congress instead of the procedures under 

22 this title for consideration and resolution of an alleged vio23 lation of part A of title II, except that if the employee 

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

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


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•S 2401 IS

1 such alternative grievance procedures for consideration 

2 and resolution of the alleged violation.’’. 

3 (c) OTHER CONFORMING AMENDMENTS.— 

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

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

6 16(a)) is amended by striking ‘‘Smithsonian Institu7 tion’’ and all that follows through ‘‘Library of Con8 gress’’ and inserting the following: ‘‘Smithsonian In9 stitution, and in the Government Publishing Office 

10 and the Government Accountability Office’’. 

11 (2) AGE DISCRIMINATION IN EMPLOYMENT ACT

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

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

14 amended— 

15 (A) in subsection (a), by striking ‘‘Smith16 sonian Institution’’ and all that follows through 

17 ‘‘Library of Congress’’ and inserting the fol18 lowing: ‘‘Smithsonian Institution, and in the 

19 Government Publishing Office and the Govern20 ment Accountability Office’’; and 

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

22 sentence. 

23 (3) AMERICANS WITH DISABILITIES ACT OF

24 1990.—Section 510 of the Americans with Disabil25 ities Act of 1990 (42 U.S.C. 12209) is amended— 


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1 (A) by amending the matter preceding 

2 paragraph (1) to read as follows: ‘‘The Govern3 ment Accountability Office and the Government 

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

5 and 

6 (B) in paragraph (4), by striking ‘‘section’’ 

7 and all that follows and inserting the following: 

8 ‘‘section, instrumentalities of the Congress in9 clude the following: the Government Account10 ability Office and the Government Publishing 

11 Office.’’. 

12 (d) EFFECTIVE DATE.— 

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

14 subsections (a) and (b) shall apply with respect to 

15 claims alleging violations of part A of title II of the 

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

17 1311 et seq.) which are first made on or after the 

18 date of the enactment of this Act. 

19 (2) TREATMENT OF PENDING CLAIMS UNDER

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

21 enactment of this Act, an employee of the Library 

22 of Congress has or could have filed a charge or com23 plaint pursuant to procedures of the Library of Con24 gress which were available to the employee prior to 

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1 lation described in section 402(b)(2)(B) of the Con2 gressional Accountability Act of 1995 (including pro3 cedures applicable pursuant to a collective bar4 gaining agreement), the employee may complete, or 

5 initiate and complete, all such procedures, and such 

6 procedures shall remain in effect with respect to, 

7 and provide the exclusive procedures for, that charge 

8 or complaint until the completion of all such proce9 dures. 

10 SEC. 303. CLARIFICATION OF COVERAGE OF EMPLOYEES 

11 OF STENNIS CENTER AND HELSINKI AND 

12 CHINA COMMISSIONS. 

13 (a) COVERAGE OF STENNIS CENTER, CHINA REVIEW

14 COMMISSION, CONGRESSIONAL-EXECUTIVE CHINA COM15 MISSION, AND HELSINKI COMMISSION.— 

16 (1) TREATMENT OF EMPLOYEES AS COVERED

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

18 amended— 

19 (A) by striking ‘‘or’’ at the end of subpara20 graph (H); 

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

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

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

24 subparagraph: 


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

2 Service Training and Development; 

3 ‘‘(K) the China Review Commission; 

4 ‘‘(L) the Congressional-Executive China 

5 Commission; and 

6 ‘‘(M) the Helsinki Commission.’’. 

7 (2) TREATMENT OF CENTER AND COMMISSIONS

8 AS EMPLOYING OFFICE.—Section 101(9)(D) (2 

9 U.S.C. 1301(9)(D)) is amended by striking ‘‘and the 

10 Office of Technology Assessment’’ and inserting the 

11 following: ‘‘the Office of Technology Assessment, the 

12 John C. Stennis Center for Public Service Training 

13 and Development, the China Review Commission, 

14 the Congressional-Executive China Commission, and 

15 the Helsinki Commission.’’. 

16 (3) DEFINITIONS OF COMMISSIONS.—Section 

17 101 (2 U.S.C. 1301) is amended by adding at the 

18 end the following: 

19 ‘‘(13) CHINA REVIEW COMMISSION.—The term 

20 ‘China Review Commission’ means the United 

21 States-China Economic and Security Review Com22 mission established under section 1238 of the Floyd 

23 D. Spence National Defense Authorization Act for 

24 Fiscal Year 2001 (22 U.S.C. 7002), as enacted into 

25 law by section 1 of Public Law 106–398. 


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1 ‘‘(14) CONGRESSIONAL-EXECUTIVE CHINA COM2 MISSION.—The term ‘Congressional-Executive China 

3 Commission’ means the Congressional-Executive 

4 Commission on the People’s Republic of China es5 tablished under title III of the U.S.–China Relations 

6 Act of 2000 (Public Law 106–286; 22 U.S.C. 6911 

7 et seq.). 

8 ‘‘(15) HELSINKI COMMISSION.—The term ‘Hel9 sinki Commission’ means the Commission on Secu10 rity and Cooperation in Europe established under 

11 the Act entitled ‘An Act to establish a Commission 

12 on Security and Cooperation in Europe’, approved 

13 June 3, 1976 (Public Law 94–304; 22 U.S.C. 3001 

14 et seq.).’’. 

15 (b) LEGAL ASSISTANCE AND REPRESENTATION.— 

16 (1) IN GENERAL.—Title V (2 U.S.C. 1431 et 

17 seq.) is amended— 

18 (A) by redesignating section 509 as section 

19 511; and 

20 (B) by inserting after section 508 the fol21 lowing: 

22 ‘‘SEC. 509. LEGAL ASSISTANCE AND REPRESENTATION. 

23 ‘‘Legal assistance and representation under this Act, 

24 including assistance and representation with respect to the 

25 proposal or acceptance of the disposition of a claim under 


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•S 2401 IS

1 this Act, shall be provided to the China Review Commis2 sion, the Congressional-Executive China Commission, and 

3 the Helsinki Commission— 

4 ‘‘(1) by the House Employment Counsel of the 

5 House of Representatives, in the case of assistance 

6 and representation in connection with a claim filed 

7 under title IV (including all subsequent proceedings 

8 under such title in connection with the claim) at a 

9 time when the chair of the Commission is a Member 

10 of the House; or 

11 ‘‘(2) by the Senate Chief Counsel for Employ12 ment of the Senate, in the case of assistance and 

13 representation in connection with a claim filed under 

14 title IV (including all subsequent proceedings under 

15 such title in connection with the claim) at a time 

16 when the chair of the Commission is a Senator.’’. 

17 (2) CLERICAL AMENDMENTS.—The table of 

18 contents is amended— 

19 (A) by redesignating the item relating to 

20 section 509 as relating to section 511; and 

21 (B) by inserting after the item relating to 

22 section 508 the following new item: 

‘‘Sec. 509. Legal assistance and representation.’’. 

23 (c) CONFORMING AMENDMENTS.—Section 101 (2 

24 U.S.C. 1301) is amended, in paragraphs (7) and (8), by 

25 striking ‘‘through (I)’’ and inserting ‘‘through (M)’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect as if included in the enact3 ment of the Congressional Accountability Act of 1995. 

4 SEC. 304. TRAINING AND EDUCATION PROGRAMS OF 

5 OTHER EMPLOYING OFFICES. 

6 (a) REQUIRING OFFICES TO DEVELOP AND IMPLE7 MENT PROGRAMS.—Title V (2 U.S.C. 1431 et seq.) is 

8 amended by inserting after section 509, as added by sec9 tion 303(b), the following new section: 

10 ‘‘SEC. 510. TRAINING AND EDUCATION PROGRAMS OF EM11 PLOYING OFFICES. 

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

14 and implement a program to train and educate covered 

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

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

18 ‘‘(b) REPORT TO COMMITTEES.— 

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

20 after the beginning of each Congress (beginning with 

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

23 House Administration of the House of Representa24 tives and the Committee on Rules and AdministraVerDate Sep 11 2014 22:08 Feb 09, 2018 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S2401.IS S2401

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1 tion of the Senate on the implementation of the pro2 gram required under subsection (a). 

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

4 later than 180 days after the date of the enactment 

5 of the Congressional Accountability Act of 1995 Re6 form Act, each employing office shall submit the re7 port described in paragraph (1) to the Committees 

8 described in such paragraph. 

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

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

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

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

13 is amended by inserting after the item relating to section 

14 509 (as amended by section 303(b)(2)) the following new 

15 item: 

‘‘Sec. 510. Training and education programs of employing offices.’’. 

16 SEC. 305. APPLICATION OF GENETIC INFORMATION NON17 DISCRIMINATION ACT OF 2008. 

18 Section 102 (2 U.S.C. 1302) is amended by adding 

19 at the end the following: 

20 ‘‘(c) GENETIC INFORMATION NONDISCRIMINATION

21 ACT OF 2008.—The provisions of this Act that apply to 

22 a violation of section 201(a)(1) shall be considered to 

23 apply to a violation of title II of the Genetic Information 

24 Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), 


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1 consistent with section 207(c) of that Act (42 U.S.C. 

2 2000ff–6(c)).’’. 

3 SEC. 306. GENERALLY APPLICABLE REMEDIES AND LIMITA4 TIONS. 

5 Section 225 (2 U.S.C. 1361) is amended— 

6 (1) by striking subsection (e); and 

7 (2) by redesignating subsection (f) as sub8 section (e). 

9 SEC. 307. RENAMING OFFICE OF COMPLIANCE AS OFFICE 

10 OF CONGRESSIONAL WORKPLACE RIGHTS. 

11 (a) RENAMING.—Section 301 (2 U.S.C. 1381) is 

12 amended— 

13 (1) in the title heading, by striking ‘‘OFFICE

14 OF COMPLIANCE’’ and inserting ‘‘OFFICE OF

15 CONGRESSIONAL WORKPLACE RIGHTS’’; and 

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

17 Compliance’’ and inserting ‘‘Office of Congressional 

18 Workplace Rights’’. 

19 (b) CONFORMING AMENDMENTS TO CONGRESSIONAL

20 ACCOUNTABILITY ACT OF 1995.—The Congressional Ac21 countability Act of 1995 is amended as follows: 

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

23 striking ‘‘Office of Compliance’’ and inserting ‘‘Of24 fice of Congressional Workplace Rights’’. 


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

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

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

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

6 and inserting ‘‘Office of Congressional Workplace 

7 Rights’’. 

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

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

10 inserting ‘‘Office of Congressional Workplace 

11 Rights’’. 

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

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

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

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

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

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

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

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

23 ‘‘Office of Congressional Workplace Rights’’. 


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

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

3 ‘‘Office of Congressional Workplace Rights’’. 

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

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

6 and inserting ‘‘Office of Congressional Workplace 

7 Rights’’. 

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

9 ‘‘OFFICE OF COMPLIANCE’’ and inserting 

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

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

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

14 inserting ‘‘Office of Congressional Workplace 

15 Rights’’. 

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

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

18 inserting ‘‘Office of Congressional Workplace 

19 Rights’’. 

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

21 is amended— 

22 (1) by amending the item relating to the title 

23 heading of title III to read as follows: 

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

24 and 


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1 (2) by amending the item relating to section 

2 301 to read as follows: 

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

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

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

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

8 Workplace Rights. 

9 TITLE IV—EFFECTIVE DATE 

10 SEC. 401. EFFECTIVE DATE. 

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

12 this Act, this Act and the amendments made by this Act 

13 shall take effect upon the expiration of the 180-day period 

14 which begins on the date of the enactment of this Act. 

15 (b) NO EFFECT ON PENDING PROCEEDINGS.— 

16 (1) IN GENERAL.—Nothing in this Act or the 

17 amendments made by this Act may be construed to 

18 affect any proceeding under title IV of the Congres19 sional Accountability Act of 1995 which is pending 

20 as of the date of the enactment of this Act. 

21 (2) TREATMENT OF PENDING CLAIMS UNDER

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

23 enactment of this Act, a covered employee (as de24 fined in section 101 of the Congressional Account25 ability Act of 1995 (2 U.S.C. 1301) on the day beVerDate Sep 11 2014 22:08 Feb 09, 2018 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S2401.IS S2401

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1 fore the date of enactment of this Act) has filed a 

2 charge or complaint pursuant to procedures which 

3 were available to the employee prior to such date for 

4 the resolution of a claim alleging a violation de5 scribed in section 402(b)(2)(B) of the Congressional 

6 Accountability Act of 1995 (including procedures ap7 plicable pursuant to a collective bargaining agree8 ment), the covered employee may complete all such 

9 procedures, and such procedures shall remain in ef10 fect with respect to, and provide the exclusive proce11 dures for, that charge or complaint until the comple12 tion of all such procedures. 

Æ 


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