I 
115TH CONGRESS 
1ST SESSION H. R. 4396 
To amend the Congressional Accountability Act of 1995 to reform the proce-
dures provided under such Act for the investigation and resolution of 
allegations 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, to require the updating 
of programs of sexual harassment prevention and response training in 
employment, to institute biennial employment discrimination climate sur-
veys, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2017 
Ms. SPEIER (for herself, Mr. COSTELLO of Pennsylvania, Ms. KUSTER of New 
Hampshire, Mr. POLIQUIN, Mr. FITZPATRICK, and Mr. RASKIN) intro-
duced the following bill; which was referred to the Committee on House 
Administration 
A BILL 
To amend the Congressional Accountability Act of 1995 to 
reform the procedures provided under such Act for the 
investigation and resolution of allegations 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, to 
require the updating of programs of sexual harassment 
prevention and response training in employment, to insti-
tute biennial employment discrimination climate surveys, 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF 
CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Member and Employee Training and Oversight On Con-
gress Act’’ or the ‘‘ME TOO Congress Act’’. 
(b) REFERENCES IN ACT.—Except as otherwise ex-
pressly provided, whenever in this Act an amendment is 
expressed in terms of an amendment to or repeal of a sec-
tion or other provision, the reference shall be considered 
to be made to that section or other provision of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 1301 et 
seq.). 
(c) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; references in Act; table of contents. 
TITLE I—REFORM OF PROCEDURES FOR INVESTIGATION AND 
RESOLUTION OF COMPLAINTS 
Sec. 101. Waiving counseling and mediation as prerequisite for filing of com-
plaint or civil action. 
Sec. 102. Separation of investigative and adjudicative roles in hearings. 
Sec. 103. Victims’ Counsel. 
Sec. 104. Prohibiting imposition of nondisclosure agreements. 
Sec. 105. Availability of remote work assignment or paid leave of absence dur-
ing pendency of procedures. 
Sec. 106. Electronic reporting system. 
Sec. 107. Requiring parties to be separated during mediation at request of em-
ployee. 
Sec. 108. Deadline for completion of hearings. 
Sec. 109. Clarification of authority of parties to reach agreements without ap-
proval of congressional committees. 
Sec. 110. Modification of rules on confidentiality of proceedings. 
TITLE II—IMPROVING TRAINING AND TRANSPARENCY 
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Sec. 201. Requirements for programs of sexual harassment prevention and re-
sponse training in employment. 
Sec. 202. Personal liability of Members of Congress for payment of settlements 
and awards. 
Sec. 203. Reports on complaints and payments. 
Sec. 204. Employment discrimination climate surveys of Members and employ-
ees of Congress. 
TITLE III—MISCELLANEOUS REFORMS 
Sec. 301. Extension to unpaid staff of rights and protections against employ-
ment discrimination. 
Sec. 302. Application of whistleblower protection rules. 
Sec. 303. Renaming Office of Compliance as Office of Congressional Workplace 
Rights. 
TITLE IV—EFFECTIVE DATE 
Sec. 401. Effective date. 
TITLE I—REFORM OF PROCE-
DURES FOR INVESTIGATION 
AND RESOLUTION OF COM-
PLAINTS 
SEC. 101. WAIVING COUNSELING AND MEDIATION AS PRE-
REQUISITE FOR FILING OF COMPLAINT OR 
CIVIL ACTION. 
(a) WAIVING COUNSELING; PERMITTING INITIAL RE-
QUEST TO BE MADE ANONYMOUSLY.—The first sentence 
of section 402(a) (2 U.S.C. 1402(a)) is amended to read 
as follows: ‘‘A covered employee alleging a violation of law 
made applicable under part A of title II may, at the option 
of the covered employee, request counseling by the Office, 
and may make the request anonymously.’’. 
(b) WAIVING MEDIATION.—Section 403(a) (2 U.S.C. 
1403(a)) is amended to read as follows: 
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‘‘(a) INITIATION.—In the case of a covered employee 
who alleged a violation of a law and who requested coun-
seling by the Office under section 402(a), not later than 
15 days after receipt by the employee of notice of the end 
of the counseling period under such section, the employee 
may, at the option of the employee, file a request for medi-
ation with the Office.’’. 
(c) TIME FOR ELECTION OF PROCEEDING; PERMIT-
TING INITIAL ELECTION TO BE MADE ANONYMOUSLY.— 
Section 404 (2 U.S.C. 1404) is amended to read as fol-
lows: 
‘‘SEC. 404. ELECTION OF PROCEEDING. 
‘‘(a) ELECTION.—Not later than the applicable dead-
line under subsection (b), a covered employee alleging a 
violation of a law made applicable under part A of title 
II may either— 
‘‘(1) file a complaint with the Office in accord-
ance with section 405; or 
‘‘(2) file a civil action in accordance with sec-
tion 408 in the United States district court for the 
district in which the employee is employed or for the 
District of Columbia. 
‘‘(b) APPLICABLE DEADLINE.—The applicable dead-
line under this subsection is— 
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‘‘(1) in the case of a covered employee who re-
quests counseling by the Office under section 402 
but who does not request mediation under section 
403, not later than 90 days after the end of the pe-
riod of counseling under section 402; 
‘‘(2) in the case of a covered employee who re-
quests counseling by the Office under section 402 
and mediation under section 403, not later than 90 
days after the end of the period of mediation under 
section 403; or 
‘‘(3) in the case of any other covered employee, 
not later than 180 days after the date of the alleged 
violation.’’. 
(d) CONFORMING AMENDMENT.—Section 405(a) (2 
U.S.C. 1405(a)) is amended by striking ‘‘, upon the com-
pletion of mediation under section 403,’’. 
SEC. 102. SEPARATION OF INVESTIGATIVE AND ADJUDICA-
TIVE ROLES IN HEARINGS. 
(a) USE
OF SEPARATE INVESTIGATIVE AUTHOR-
ITY.—Section 405(e) (2 U.S.C. 1405(e)) is amended to 
read as follows: 
‘‘(e) INVESTIGATIVE AUTHORITY.— 
‘‘(1) USE OF SEPARATE AUTHORITY TO CON-
DUCT
INVESTIGATIONS.—The investigation of any 
complaint filed under this section shall be carried 
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out by an investigative authority assigned by the 
Board, who may be an employee of the Office or a 
contractor designated by the Office for purposes of 
carrying out investigations under this section, except 
that the hearing officer appointed to consider the 
complaint may not serve as the investigative author-
ity with respect to the complaint. 
‘‘(2) TYPES
OF
INVESTIGATIONS
AUTHOR-
IZED.— 
‘‘(A) INITIAL STATEMENT.—The investiga-
tive authority assigned to investigate a com-
plaint may require the covered employee who 
filed the complaint to provide an initial state-
ment which includes the following information: 
‘‘(i) A statement of each specific harm 
relating to the complaint that the employee 
has suffered and the date on which each 
harm occurred. 
‘‘(ii) For each such harm, a statement 
specifying the act, policy or practice which 
is alleged to be in violation of part A of 
title II. 
‘‘(iii) For each act, policy, or practice 
alleged to have harmed the covered em-
ployee, a statement of the facts which led 
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the person claiming to be aggrieved to be-
lieve that the act, policy or practice is in 
violation of part A of title II. 
‘‘(B) FACT-FINDING
CONFERENCE
WITH 
PARTIES TO THE COMPLAINT.—As part of its 
investigation of a complaint, the investigative 
authority may require a fact-finding conference 
with the parties in order to define the issues 
arising from the complaint, to determine which 
elements of the complaint are undisputed, to re-
solve those issues that can be resolved, and to 
ascertain whether there is a basis for negotiated 
settlement of the complaint. At the request of 
the covered employee involved, the investigative 
authority shall ensure that the parties are sepa-
rated during this conference. 
‘‘(C) OTHER FORMS OF INVESTIGATION.— 
In addition to the types of investigative activity 
described in subparagraphs (A) and (B), the in-
vestigative authority may carry out such other 
types of investigative activity with respect to a 
complaint as it considers appropriate, including 
prehearing discovery and the issuance of sub-
poenas in accordance with subsection (f).’’. 
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(b) CONFORMING AMENDMENTS RELATING TO SUB-
POENA AUTHORITY.—Section 405(f) (2 U.S.C. 1405(f)) 
is amended— 
(1) in paragraph (1), by striking ‘‘a hearing of-
ficer may issue subpoenas’’ and inserting ‘‘an inves-
tigative authority under subsection (e) may issue 
subpoenas’’; and 
(2) in paragraph (2), by striking ‘‘in connection 
with a proceeding before a hearing officer’’ and in-
serting ‘‘in connection with a complaint under this 
section’’. 
SEC. 103. VICTIMS’ COUNSEL. 
(a) AVAILABILITY OF VICTIMS’ COUNSEL.—Title IV 
(2 U.S.C. 1401 et seq.) is amended by inserting after sec-
tion 407 the following new section: 
‘‘SEC. 407A. VICTIMS’ COUNSEL. 
‘‘(a) AVAILABILITY OF COUNSEL.— 
‘‘(1) IN GENERAL.—A covered employee who al-
leges a violation of part A of title II shall be offered 
the option of receiving assistance from a Victims’ 
Counsel under this section upon— 
‘‘(A) the employee’s request for counseling 
by the Office under section 402, in the case of 
a covered employee who makes such a request; 
or 
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‘‘(B) the filing by the employee of a com-
plaint with the Office in accordance with sec-
tion 405, in the case of a covered employee who 
does not make a request for counseling by the 
Office under section 402. 
‘‘(2) TIMING
OF
PROVIDING
OPTION
TO
RE-
CEIVE ASSISTANCE.—Prior to requesting any state-
ment from an individual described in paragraph (1) 
regarding the allegation made by the individual (in-
cluding an individual who makes the allegation 
anonymously in requesting counseling under section 
402), or conducting any other form of investigation 
of the allegation, the Office shall notify the indi-
vidual of the availability of assistance from a Vic-
tims’ Counsel under this section. 
‘‘(3) CONTINUING
AVAILABILITY
OF
ASSIST-
ANCE.—The Office shall inform an individual de-
scribed in paragraph (1) that if the individual de-
clines the assistance of a Victims’ Counsel, in whole 
or in part, at the time the assistance is offered 
under paragraph (1), the individual may subse-
quently request such assistance and such assistance 
will be provided to the individual. 
‘‘(b) DESIGNATION.— 
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‘‘(1) IN GENERAL.—The Board shall designate 
legal counsel, to be known as ‘Victims’ Counsel’, 
to— 
‘‘(A) provide legal assistance in accordance 
with this section to a covered employee who al-
leges a violation of part A of title II; and 
‘‘(B) provide counseling by the Office 
under section 402 for a covered employee who 
alleges a violation of part A of title II and who 
requests counseling under such section. 
‘‘(2) QUALIFICATIONS.—An individual may not 
be designated as a Victims’ Counsel under this sec-
tion unless the individual— 
‘‘(A) is an attorney who is a member of 
the bar of a Federal court or of the highest 
court of a State; and 
‘‘(B) is certified as competent to be des-
ignated as a Victims’ Counsel by the Executive 
Director. 
‘‘(3) TRAINING
REQUIREMENTS.—The Office 
shall— 
‘‘(A) establish the baseline training re-
quirements for a Victims’ Counsel; and 
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‘‘(B) develop a policy to standardize the 
time period within which a Victims’ Counsel re-
ceives training. 
‘‘(4) AUTHORITY TO PROVIDE ASSISTANCE IN 
ANY
JURISDICTION.—Notwithstanding any law re-
garding the licensure of attorneys, a Victims’ Coun-
sel who is authorized to provide assistance under 
this section is authorized to provide that assistance 
in any jurisdiction, subject to such regulations as 
may be prescribed by the Office. 
‘‘(c) TYPES OF LEGAL ASSISTANCE AUTHORIZED.— 
The types of legal assistance that a Victims’ Counsel may 
provide to a covered employee who alleges a violation of 
part A of title II include the following: 
‘‘(1) Legal consultation regarding potential li-
ability, including criminal liability, arising from or in 
relation to the circumstances surrounding the al-
leged violation and the covered employee’s rights 
under this Act. 
‘‘(2) Legal consultation regarding the respon-
sibilities and support provided to the covered em-
ployee under this Act. 
‘‘(3) Legal consultation regarding the potential 
for civil litigation against other parties (other than 
the United States) arising from the alleged violation. 
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‘‘(4) Legal consultation regarding procedures 
under this Act and procedures applicable to civil ac-
tions arising from the alleged violation, including— 
‘‘(A) the roles and responsibilities of the 
Office, the House Employment Counsel, and 
similar authorities; 
‘‘(B) any proceedings conducted under this 
Act or pursuant to a civil action which the cov-
ered employee may observe; 
‘‘(C) the authority of a hearing officer to 
compel cooperation and testimony under pro-
ceedings held under section 405; and 
‘‘(D) the covered employee’s duties relating 
to such proceedings, including the responsibility 
to testify. 
‘‘(5) Representing the covered employee at any 
proceedings in connection with the complaint, other 
than a civil action under section 406. 
‘‘(6) Legal consultation and assistance— 
‘‘(A) in personal civil legal matters related 
to the covered employee’s complaint (other than 
a civil action under section 406); 
‘‘(B) in any proceedings of the Office, the 
Committee on Ethics of the House of Rep-
resentatives (including the Office of Congres-
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sional Ethics), the Select Committee on Ethics 
of the Senate, or any other administrative or 
judicial body related to the covered employee’s 
complaint; 
‘‘(C) in understanding the availability of, 
and obtaining any protections offered by, pro-
tecting or restraining orders; and 
‘‘(D) in understanding the eligibility and 
requirements for obtaining any employment or 
other benefits under State and Federal victims’ 
compensation programs. 
‘‘(d) NATURE OF RELATIONSHIP.—The relationship 
between a Victims’ Counsel and a covered employee in the 
provision of legal advice and assistance under this section 
shall be the relationship between an attorney and client’’. 
(b) CONFORMING AMENDMENT RELATING TO RE-
SPONSIBILITY
OF VICTIMS’ COUNSEL TO CARRY OUT 
COUNSELING.—Section 402 (2 U.S.C. 1402) is amended 
by adding at the end the following new subsection: 
‘‘(d) ROLE OF VICTIMS’ COUNSEL.—If a covered em-
ployee who requests counseling under this section also re-
quested the assistance of a Victims’ Counsel under section 
407A, the Victims’ Counsel assigned to provide assistance 
to the employee shall carry out the counseling for the Of-
fice under this section.’’. 
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(c) CLERICAL AMENDMENT.—The table of contents 
is amended by inserting after the item relating to section 
407 the following new item: 
‘‘Sec. 407A. Victims’ Counsel.’’. 
SEC. 104. PROHIBITING IMPOSITION OF NONDISCLOSURE 
AGREEMENTS. 
Section 401 (2 U.S.C. 1401) is amended— 
(1) by striking ‘‘Except as otherwise provided’’ 
and inserting ‘‘(a) PROCEDURES AVAILABLE.—Ex-
cept as otherwise provided’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) PROHIBITING IMPOSITION OF NONDISCLOSURE 
AGREEMENTS AS PREREQUISITE FOR PROCEDURES.— 
‘‘(1) IN GENERAL.—A nondisclosure agreement 
may not be imposed on any party as a condition of 
the initiation of any of the procedures available 
under this title for consideration of a violation of 
part A of title II unless the duration of the agree-
ment is for a finite period of time agreed to by all 
of the parties involved, including the covered em-
ployee and the employing office. 
‘‘(2) EXCEPTIONS.—Nothing in paragraph (1) 
may be construed to prohibit the parties to any pro-
cedure available under this title from entering into— 
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‘‘(A) a nondisclosure agreement agreed to 
by all of the parties involved regarding the con-
tents of any mediation conducted under section 
403, so long as the agreement does not apply 
after the conclusion of the mediation; or 
‘‘(B) a nondisclosure agreement agreed to 
by all of the parties involved as part of the set-
tlement of any complaint filed with the Office 
in accordance with section 405 or any civil ac-
tion initiated in accordance with section 408.’’. 
SEC. 105. AVAILABILITY OF REMOTE WORK ASSIGNMENT 
OR PAID LEAVE OF ABSENCE DURING PEND-
ENCY OF PROCEDURES. 
Section 401 (2 U.S.C. 1401), as amended by section 
104, is further amended by adding at the end the following 
new subsection: 
‘‘(c) AVAILABILITY OF REMOTE WORK ASSIGNMENT 
OR PAID LEAVE OF ABSENCE DURING PENDENCY OF 
PROCEDURES.— 
‘‘(1) REQUIREMENTS
FOR
EMPLOYING
OF-
FICES.— 
‘‘(A) REMOTE WORK ASSIGNMENT.—At the 
request of a covered employee who alleges a vio-
lation of part A of title II by the covered em-
ployee’s employing office, during the pendency 
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of any of the procedures available under this 
title for consideration of the violation, the em-
ploying office shall permit the covered employee 
to carry out the employee’s responsibilities from 
a remote location instead of from the location 
of the employing office. 
‘‘(B) EXCEPTION FOR WORK ASSIGNMENTS 
REQUIRED TO BE CARRIED OUT ONSITE.—If, in 
the determination of the covered employee’s em-
ploying office, a covered employee who makes a 
request under this paragraph cannot carry out 
the employee’s responsibilities from a remote lo-
cation, the employing office shall grant paid 
leave of absence to a covered employee during 
the pendency of the procedures available under 
this title for the covered employee. 
‘‘(2) EXCLUSION
FROM
CAP
ON
NUMBER
OF 
EMPLOYEES OF OFFICE OF MEMBER OR COMMITTEE 
OF THE HOUSE OF REPRESENTATIVES.—If the office 
of a Member or committee of the House of Rep-
resentatives grants a covered employee of such office 
a paid leave of absence under paragraph (1), during 
the period in which the employee is on the paid leave 
of absence, the employee shall not be counted among 
the number of employees of the office— 
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‘‘(A) in the case of the office of a Member 
of the House, for purposes of section 104(a) of 
the House of Representatives Administrative 
Reform Technical Corrections Act (2 U.S.C. 
5321(a)); or 
‘‘(B) in the case of the office of a com-
mittee of the House, for purposes of any rule 
or regulation of the House which governs the 
number of employees the committee may ap-
point. 
‘‘(3) EXCEPTION FOR ARRANGEMENTS SUBJECT 
TO COLLECTIVE BARGAINING AGREEMENTS.—Para-
graph (1) does not apply to the extent that it is in-
consistent with the terms and conditions of any col-
lective bargaining agreement which is in effect with 
respect to an employing office.’’. 
SEC. 106. ELECTRONIC REPORTING SYSTEM. 
Section 401 (2 U.S.C. 1401), as amended by section 
104 and section 105, is further amended by adding at the 
end the following new subsection: 
‘‘(d) USE OF ELECTRONIC REPORTING SYSTEM.— 
The Office shall establish and operate an electronic report-
ing system through which a covered employee may initiate 
a proceeding under this title, and which will keep an elec-
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tronic record of the date and time at which the proceeding 
is initiated.’’. 
SEC. 107. REQUIRING PARTIES TO BE SEPARATED DURING 
MEDIATION AT REQUEST OF EMPLOYEE. 
Section 403(b)(2) (2 U.S.C. 1403(b)(2)) is amended 
by striking ‘‘meetings with the parties separately or joint-
ly’’ and inserting ‘‘meetings with the parties during which, 
at the request of the covered employee, the parties shall 
be separated,’’. 
SEC. 108. DEADLINE FOR COMPLETION OF HEARINGS. 
(a) IN
GENERAL.—Section 405(g) (2 U.S.C. 
1405(g)) is amended by striking ‘‘90 days after the con-
clusion of the hearing’’ and inserting ‘‘the earlier of 90 
days after the conclusion of the hearing or 180 days after 
the filing of the complaint under subsection (a)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to complaints filed 
under section 405 of the Congressional Accountability Act 
(2 U.S.C. 1405) on or after the date of the enactment 
of this Act. 
SEC. 109. CLARIFICATION OF AUTHORITY OF PARTIES TO 
REACH AGREEMENTS WITHOUT APPROVAL 
OF CONGRESSIONAL COMMITTEES. 
(a) IN GENERAL.—Section 414 (2 U.S.C. 1414) is 
amended— 
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(1) by striking ‘‘Any settlement’’ and inserting 
‘‘(a) CRITERIA
FOR
SETTLEMENT.—Any settle-
ment’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) AUTHORITY OF PARTIES TO REACH AGREE-
MENTS
WITHOUT
SPECIFIC
APPROVAL
OF
COMMIT-
TEES.—Any counsel representing an employing office in 
any proceeding referred to in subsection (a) has the au-
thority to negotiate the terms and conditions of any settle-
ment of any such proceeding, including making the final 
determination of any amount paid to any party, without 
the approval of any committee of Congress.’’. 
(b) CONFORMING AMENDMENT RELATING TO AU-
THORITY OF COMMITTEES TO DETERMINE RANGE OF AP-
PROPRIATE SETTLEMENT AMOUNTS.—Section 414(a) (2 
U.S.C. 1414(a)), as amended by subsection (a), is amend-
ed by striking the period at the end and inserting the fol-
lowing: ‘‘, including rules setting forth a range of appro-
priate settlement amounts for various types of violations 
of this Act or any amendment made by this Act.’’. 
SEC. 110. MODIFICATION OF RULES ON CONFIDENTIALITY 
OF PROCEEDINGS. 
(a) 
COUNSELING.—Section 
416(a) 
(2 
U.S.C. 
1416(a)) is amended by striking ‘‘All counseling’’ and in-
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serting ‘‘At the request of the covered employee who re-
quests counseling, all counseling’’. 
(b) MEDIATION.—Section 416(b) (2 U.S.C. 1416(b)) 
is amended by striking ‘‘All mediation’’ and inserting ‘‘All 
information discussed or disclosed in the course of any me-
diation’’. 
TITLE II—IMPROVING TRAINING 
AND TRANSPARENCY 
SEC. 201. REQUIREMENTS FOR PROGRAMS OF SEXUAL 
HARASSMENT PREVENTION AND RESPONSE 
TRAINING IN EMPLOYMENT. 
(a) REQUIREMENTS FOR PROGRAMS.—Section 301 
(2 U.S.C. 1381) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(l) SPECIAL REQUIREMENTS
FOR PROGRAMS
OF 
SEXUAL
HARASSMENT
PREVENTION
AND
RESPONSE 
TRAINING IN EMPLOYMENT.— 
‘‘(1) ELEMENTS
OF
PROGRAM.—The Office 
shall include among the programs carried out under 
subsection (h) a program of sexual harassment pre-
vention and response training in employment which 
provides at least one hour of training and which in-
cludes the following elements: 
‘‘(A) Practical examples, derived from situ-
ations easily recognizable to employees of the 
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employing offices involved, which are aimed at 
instructing supervisors in the prevention of har-
assment, discrimination, and retaliation, and at 
instructing employees in how to recognize situa-
tions of harassment. 
‘‘(B) Information regarding the rights of 
employees, the options for reporting complaints, 
and an overview of the dispute resolution proc-
ess. 
‘‘(C) Training regarding bystander inter-
vention. 
‘‘(D) An overview of the consequences for 
perpetrating sexual harassment. 
‘‘(E) Information regarding anti-retaliation 
policies for witnesses to or individuals who ex-
perience sexual harassment and come forward 
to report it. 
‘‘(F) Interactive methods of instruction 
which apply adult learning methodology. 
‘‘(2) ADDITIONAL INFORMATION FOR HEADS OF 
OFFICES AND SENIOR STAFF.— 
‘‘(A) INFORMATION DESCRIBED.—In addi-
tion to the program described in paragraph (1), 
the Office shall provide specific instruction to 
the heads of employing offices (including Mem-
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bers of Congress) and to the senior staff of em-
ploying offices on the following issues relating 
to sexual harassment: 
‘‘(i) The steps such an individual 
should take upon becoming aware of an in-
cident of sexual harassment involving an 
employee of the employing office. 
‘‘(ii) The role of the Office in inves-
tigating and responding to incidents of sex-
ual harassment. 
‘‘(iii) The assistance such an indi-
vidual may provide to an employee of the 
employing office who wishes to report an 
alleged incident of sexual harassment to 
the Office for action under title IV, includ-
ing informing the employee of the employ-
ee’s rights and protections under such 
title, the employee’s options for reporting 
the incident, and an overview of the proce-
dures applicable under such title. 
‘‘(iv) The potential liability (including 
financial liability) which may arise from 
such an incident of sexual harassment, in-
cluding from a determination that the fail-
ure of the employing office to respond ap-
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propriately to such an incident is evidence 
of a hostile work environment in the em-
ploying office. 
‘‘(B) SENIOR
STAFF
DEFINED.—In this 
paragraph, the term ‘senior staff’ means any 
individual who is required to file a report under 
title I of the Ethics in Government Act of 1978 
(5 U.S.C. App. 101 et seq.). 
‘‘(3) CONSULTATION.—In carrying out the pro-
gram described in paragraph (1), the Office shall 
consult with Workplaces Respond to Domestic and 
Sexual Violence: A National Resource Center (also 
known as ‘Workplaces Respond’), the nonprofit non-
governmental entity described in section 41501 of 
the Violence Against Women Act of 1994 (34 U.S.C. 
12501). 
‘‘(4) DEFINITION.—For purposes of this sub-
section, ‘sexual harassment’ means any conduct di-
rected at an individual which consists of unwelcome 
sexual advances, requests for sexual favors, any 
other conduct of a sexual nature, or conduct based 
on the individual’s sex if such conduct has the pur-
pose or effect of interfering with the individual’s 
work performance or creating an intimidating, hos-
tile, or offensive working environment, or if submis-
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sion to or rejection of such conduct by the individual 
is used as the basis for employment decisions affect-
ing the individual, or if submission by the individual 
to such conduct is made either explicitly or implicitly 
a term or condition of the individual’s employment.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 180 days after the date 
of the enactment of this Act. 
SEC. 202. PERSONAL LIABILITY OF MEMBERS OF CON-
GRESS FOR PAYMENT OF SETTLEMENTS AND 
AWARDS. 
Section 415 (2 U.S.C. 1415) is amended by adding 
at the end the following new subsection: 
‘‘(d) PERSONAL LIABILITY OF MEMBERS OF CON-
GRESS FOR PAYMENT OF SETTLEMENTS AND AWARDS.— 
If a payment is made from the account described in sub-
section (a) for an award or settlement resulting from a 
violation of part A of title II which was committed person-
ally by a Member of Congress, the Member who committed 
the violation shall reimburse the account for the amount 
of the award or settlement.’’. 
SEC. 203. REPORTS ON COMPLAINTS AND PAYMENTS. 
(a) REQUIRING SUBMISSION AND PUBLICATION OF 
REPORT.—Section 301(h) (2 U.S.C. 1381(h)) is amend-
ed— 
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(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) in addition to compiling and publishing the 
statistics described in paragraph (3), not later than 
60 days after the end of each calendar year, submit 
to Congress and publish on the Office’s public 
website a report identifying each employing office 
with respect to which an award or settlement was 
paid during the previous year as the result of an al-
legation made of a violation of part A of title II, the 
number of such allegations made against the em-
ploying office, and the amount of the award or set-
tlement, except that such report may not disclose the 
identity of an individual who made such an allega-
tion at any time.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to 2017 and each 
succeeding year. 
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SEC. 204. EMPLOYMENT DISCRIMINATION CLIMATE SUR-
VEYS OF MEMBERS AND EMPLOYEES OF CON-
GRESS. 
(a) REQUIRING SURVEYS.—Title III (2 U.S.C. 1381 
et seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 307. EMPLOYMENT DISCRIMINATION CLIMATE SUR-
VEYS OF MEMBERS AND EMPLOYEES OF CON-
GRESS. 
‘‘(a) REQUIREMENT TO CONDUCT SURVEYS.—Not 
later than 180 days after the date of the enactment of 
the ME TOO Congress Act, and every 2 years thereafter, 
the Office shall conduct a survey of Members of Congress 
and congressional staff regarding employment discrimina-
tion in congressional employment, including a survey of 
the following: 
‘‘(1) The prevalence of violations of part A of 
title II by offices of the House of Representatives 
and the Senate. 
‘‘(2) The extent to which such violations arise 
from discrimination on the basis of sex, race, na-
tional origin, sexual orientation, gender identity, dis-
ability, and other demographic characteristics. 
‘‘(3) The existence of a hostile work environ-
ment in offices of Congress. 
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‘‘(4) Whether congressional staff are able to ef-
fectively exercise the rights and protections provided 
under this Act, including the effectiveness of the 
procedures applicable under this Act for inves-
tigating and punishing violations of part A of title 
II. 
‘‘(b) SPECIAL REQUIREMENTS
FOR SURVEYS
OF 
SEXUAL HARASSMENT.— 
‘‘(1) IN GENERAL.—In each survey conducted 
under this section, the Office shall survey respond-
ents regarding the prevalence of and attitudes re-
garding sexual harassment in congressional employ-
ment, including collecting information regarding spe-
cific incidents of harassment and the context in 
which such incidents occurred. 
‘‘(2) COMPILATION OF INFORMATION BY VAR-
IOUS CATEGORIES.—The Office shall compile infor-
mation from the survey on the basis of various cat-
egories of demographic characteristics, including 
race, sexual orientation, and age, so that the survey 
will report on the rates of incidents of sexual harass-
ment affecting each such category. 
‘‘(3) 
CONSULTATION; 
TECHNICAL
ASSIST-
ANCE.—The Office shall develop the survey regard-
ing sexual harassment in consultation with offices of 
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the executive branch which currently conduct similar 
surveys of their employees, including the Sexual As-
sault Prevention and Response Office of the Depart-
ment of Defense, the Office of Violence Against 
Women of the Department of Justice, the Merit Sys-
tems Protection Board. Additionally, in developing 
the survey, the Office shall enter into agreement to 
receive technical assistance from Workplaces Re-
spond to Domestic and Sexual Violence: A National 
Resource Center (also known as ‘Workplaces Re-
spond’), the nonprofit nongovernmental entity de-
scribed in section 41501 of the Violence Against 
Women Act of 1994 (34 U.S.C. 12501). 
‘‘(c) METHODOLOGY.—The Office shall conduct each 
survey under this section in accordance with the following: 
‘‘(1) All responses to all portions of the survey 
shall be anonymous and confidential, and each re-
spondent shall be told throughout the survey that all 
responses shall be anonymous and confidential. 
‘‘(2) The Office shall design the survey so that 
it will take no more than 15 minutes to complete, 
and so that it may be taken online through the use 
of both stationary communication devices (such as 
desktop computers) and portable communication de-
vices (such as cell phones and tablets). 
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‘‘(3) The Office shall include in the survey a list 
of resources available to respondents who wish to get 
more information about employment discrimination 
in congressional employment, including the services 
the Office provides to individuals who allege viola-
tions of part A of title II. 
‘‘(4) Subject to regulations promulgated by the 
Committee on House Administration of the House of 
Representatives (in the case of a survey taken by a 
Member or employee of the House) or the Com-
mittee on Rules and Administration of the Senate 
(in the case of a survey taken by a Senator or em-
ployee of the Senate), the Office may offer a de 
minimis payment to an individual as an incentive to 
complete the survey.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
is amended by adding at the end of the items relating to 
title III the following new item: 
‘‘Sec. 307. Employment discrimination climate surveys of Members and employ-
ees of Congress.’’. 
TITLE III—MISCELLANEOUS 
REFORMS 
SEC. 301. EXTENSION TO UNPAID STAFF OF RIGHTS AND 
PROTECTIONS AGAINST EMPLOYMENT DIS-
CRIMINATION. 
Section 201 (2 U.S.C. 1311) is amended— 
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(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) APPLICATION TO UNPAID STAFF.— 
‘‘(1) IN
GENERAL.—Subsections (a) and (b) 
shall apply with respect to any staff of an employing 
office who carry out official duties of the employing 
office but who are not paid by the employing office 
for carrying out such duties, including an intern (in-
cluding an applicant for an internship and a former 
intern), an individual detailed to an employing office, 
and an individual participating in a fellowship pro-
gram, in the same manner and to the same extent 
as such subsections apply with respect to an em-
ployee. 
‘‘(2) INTERN
DEFINED.—The term ‘intern’ 
means an individual who performs uncompensated 
voluntary service for an employing office to earn 
credit awarded by an educational institution or to 
learn a trade or occupation, and includes any indi-
vidual participating in a page program operated by 
any House of Congress.’’. 
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SEC. 302. APPLICATION OF WHISTLEBLOWER PROTECTION 
RULES. 
(a) IN GENERAL.—Part A of title II (2 U.S.C. 1311 
et seq.) is amended— 
(1) in the heading, by striking ‘‘FAIR LABOR 
STANDARDS,’’ and all that follows and inserting 
‘‘AND OTHER PROTECTIONS AND BENEFITS’’; 
(2) by redesignating section 207 as section 208; 
and 
(3) by inserting after section 206 the following 
new section: 
‘‘SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLE-
BLOWER PROTECTION RULES. 
‘‘(a) RIGHTS AND PROTECTIONS DESCRIBED.— 
‘‘(1) IN GENERAL.—No employing office may 
take or fail to take, or threaten to take or fail to 
take, a personnel action (within the meaning of 
chapter 23 of title 5, United States Code) with re-
spect to any covered employee or applicant for em-
ployment because of— 
‘‘(A) any disclosure of information by a 
covered employee or applicant which the em-
ployee or applicant reasonably believes evi-
dences— 
‘‘(i) a violation of any law, rule, or 
regulation, or 
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