Title: ME TOO Congress Act
Policy area: Congress

Summary:
Member and Employee Training and Oversight On Congress Act or the ME TOO Congress Act
This bill amends the Congressional Accountability Act of 1995 (CAA), including to (1) extend CAA nondiscrimination requirements and remedies to sexual orientation, gender identity, and to legislative branch interns, detailees, and fellows; (2) revise CAA procedures for certain harassment and discrimination complaints; (3) require the offending Member of Congress to pay for settlements and awards in such complaints; and (4) rename the Office of Compliance the Office of Congressional Workplace Rights.
The bill sets forth requirements for certain harassment and discrimination awareness and prevention training.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2159 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2159

To require covered harassment and covered discrimination awareness and 
prevention training for Members, officers, employees, interns, fellows, 
  and detailees of Congress within 30 days of employment and annually 
thereafter, to require a biennial climate survey of Congress, to amend 
  the enforcement process under the Office of Congressional Workplace 
 Rights for covered harassment and covered discrimination complaints, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2017

  Mrs. Gillibrand (for herself, Ms. Cortez Masto, Ms. Harris, and Ms. 
    Hirono) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To require covered harassment and covered discrimination awareness and 
prevention training for Members, officers, employees, interns, fellows, 
  and detailees of Congress within 30 days of employment and annually 
thereafter, to require a biennial climate survey of Congress, to amend 
  the enforcement process under the Office of Congressional Workplace 
 Rights for covered harassment and covered discrimination complaints, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Member and Employee Training and 
Oversight On Congress Act'' or the ``ME TOO Congress Act''.

                  TITLE I--TRAINING AND CLIMATE SURVEY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Covered discrimination.--The term ``covered 
        discrimination'' means--
                    (A) discrimination described in any of clauses (i) 
                through (v) of paragraph (2)(A);
                    (B) discrimination prohibited by section 201 or 210 
                of the Congressional Accountability Act of 1995; or
                    (C) a violation of section 207 of such Act that is 
                related to discrimination described in subparagraph (A) 
                or (B).
            (2) Covered harassment.--The term ``covered harassment'' 
        means--
                    (A) harassment that is--
                            (i) discrimination because of race, color, 
                        religion, sex, or national origin under title 
                        VII of the Civil Rights Act of 1964 (42 U.S.C. 
                        2000e et seq.);
                            (ii) discrimination because of age under 
                        the Age Discrimination in Employment Act of 
                        1967 (29 U.S.C. 621 et seq.);
                            (iii) discrimination on the basis of 
                        disability under title I of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12111 et 
                        seq.) or section 501 of the Rehabilitation Act 
                        of 1973 (29 U.S.C. 791);
                            (iv) discrimination because of genetic 
                        information under title II of the Genetic 
                        Information Nondiscrimination Act of 2008 (42 
                        U.S.C. 2000ff et seq.); or
                            (v) discrimination because of sexual 
                        orientation or gender identity, within the 
                        meaning of Executive Order 11478.
            (3) Covered office of the house of representatives.--The 
        term ``covered office of the House of Representatives'' means 
        an office, including a joint commission or joint committee, 
        employing employees of the House of Representatives.
            (4) Covered office of the senate.--The term ``covered 
        office of the Senate'' means an office, including a joint 
        commission or joint committee, employing employees of the 
        Senate.
            (5) Covered position in the house of representatives.--The 
        term ``covered position in the House of Representatives'' means 
        a position as--
                    (A) a Member of the House of Representatives;
                    (B) an elected or appointed officer of the House of 
                Representatives;
                    (C) an employee of the House of Representatives;
                    (D) an intern or fellow in a covered office of the 
                House of Representatives--
                            (i) without regard to whether the intern or 
                        fellow receives compensation; and
                            (ii) in the case of an intern or fellow 
                        that does receive compensation, without regard 
                        to the source of the compensation; or
                    (E) a detailee in a covered office of the House of 
                Representatives, without regard to whether the service 
                is on a reimbursable basis.
            (6) Covered position in the senate.--The term ``covered 
        position in the Senate'' means a position as--
                    (A) a Member of the Senate;
                    (B) an elected or appointed officer of the Senate;
                    (C) an employee of the Senate;
                    (D) an intern or fellow in a covered office of the 
                Senate--
                            (i) without regard to whether the intern or 
                        fellow receives compensation; and
                            (ii) in the case of an intern or fellow 
                        that does receive compensation, without regard 
                        to the source of the compensation; or
                    (E) a detailee in a covered office of the Senate, 
                without regard to whether the service is on a 
                reimbursable basis.
            (7) Employee of the house of representatives.--The term 
        ``employee of the House of Representatives'' means an employee 
        whose pay is disbursed by the Chief Administrative Officer of 
        the House of Representatives, without regard to the term of the 
        appointment.
            (8) Employee of the senate.--The term ``employee of the 
        Senate'' means an employee whose pay is disbursed by the 
        Secretary of the Senate, without regard to the term of the 
        appointment.
            (9) Executive order 11478.--The term ``Executive Order 
        11478'' means Executive Order 11478 (42 U.S.C. 2000e note; 
        relating to equal employment opportunity in the Federal 
        Government), as amended and superseded by Executive Order 13672 
        and the other Executive orders issued before January 20, 2017.
            (10) Head of a covered office.--The term ``head of a 
        covered office'', when used with respect to a covered office of 
        the Senate or a covered office of the House of Representatives, 
        means the Member of Congress, elected or appointed officer of 
        Congress, or manager of the covered office having final 
        authority to appoint, hire, discharge, and set the terms, 
        conditions, or privileges of the employment of the employees 
        employed by the covered office.
            (11) Initial training date.--The term ``initial training 
        date'' means, with respect to an individual in a covered 
        position in the House or an individual in a covered position in 
        the Senate, the first date on which the applicable training 
        required for such individual under section 102(b) is offered 
        under section 102(c).
            (12) Manager of a covered office.--The term ``manager of a 
        covered office'', when used with respect to a covered office of 
        the Senate or a covered office of the House of Representatives, 
        means an employee of the covered office empowered to effect a 
        significant change in the employment status of another employee 
        of the covered office, such as hiring, firing, failing to 
        promote, reassignment with significantly different 
        responsibilities, or a decision causing a change in benefits.
            (13) Office of congressional workplace rights.--The term 
        ``Office of Congressional Workplace Rights'' means the Office 
        of Congressional Workplace Rights established under section 301 
        of the Congressional Accountability Act of 1995 (2 U.S.C. 
        1381), as amended by section 218 (formerly known as the 
        ``Office of Compliance'').

SEC. 102. REQUIRED COVERED HARASSMENT AND COVERED DISCRIMINATION 
              AWARENESS AND PREVENTION TRAINING FOR MEMBERS, OFFICERS, 
              EMPLOYEES, INTERNS, FELLOWS, AND DETAILEES OF CONGRESS 
              WITHIN 30 DAYS OF EMPLOYMENT AND ANNUALLY THEREAFTER.

    (a) Establishment of Rules Requiring Covered Harassment and Covered 
Discrimination Awareness and Prevention Training Within 30 Days of 
Employment and Annually Thereafter.--
            (1) Requirements for the senate.--
                    (A) In general.--Not later than 120 days after the 
                date of enactment of this Act, the Committee on Rules 
                and Administration of the Senate--
                            (i) shall issue rules that require--
                                    (I) each individual elected, 
                                appointed, or assigned to a covered 
                                position in the Senate after the 
                                initial training date, who was not 
                                serving in a covered position in the 
                                same covered office of the Senate 
                                immediately before being so elected, 
                                appointed, or assigned, to complete 
                                training described in subsections (b) 
                                and (c)--
                                            (aa) not later than 30 days 
                                        after the date on which the 
                                        individual begins serving in 
                                        the covered position; and
                                            (bb) annually thereafter as 
                                        long as the individual serves 
                                        in a covered position in the 
                                        Senate;
                                    (II) each individual serving in a 
                                covered position in the Senate on the 
                                initial training date, to complete such 
                                training--
                                            (aa) not later than 30 days 
                                        after the initial training 
                                        date; and
                                            (bb) annually thereafter as 
                                        long as the individual serves 
                                        in a covered position in the 
                                        Senate; and
                                    (III) a designee of each covered 
                                office of the Senate to--
                                            (aa) annually submit to the 
                                        Committee a certification 
                                        indicating whether each 
                                        individual serving in a covered 
                                        position in such covered office 
                                        has completed such training; 
                                        and
                                            (bb) submit, by not later 
                                        than the last day of each 
                                        Congress, to the Secretary of 
                                        the Senate a certification 
                                        indicating whether each 
                                        individual serving in a covered 
                                        position in such covered office 
                                        has completed the training 
                                        requirements under this title 
                                        during that Congress; and
                            (ii) may establish additional requirements 
                        for the training on covered harassment and 
                        covered discrimination awareness and prevention 
                        that is offered to individuals serving in 
                        covered positions in the Senate under this 
                        section.
                    (B) Coordination with other requirements.--In 
                issuing rules under subparagraph (A)(i), the Committee 
                on Rules and Administration of the Senate shall--
                            (i) review the requirements of S. Res. 330 
                        (115th Congress), agreed to November 9, 2017; 
                        and
                            (ii) ensure that the rules issued under 
                        subparagraph (A)(i) meet the requirements of 
                        this title while preventing or limiting 
                        conflicts and duplication of requirements under 
                        the rules issued under such Senate Resolution.
            (2) Requirements for the house of representatives.--Not 
        later than 120 days after the date of enactment of this Act, 
        the Committee on House Administration of the House of 
        Representatives--
                    (A) shall issue rules that require--
                            (i) each individual elected, appointed, or 
                        assigned to a covered position in the House of 
                        Representatives after the initial training 
                        date, who was not serving in a covered position 
                        in the same covered office of the House of 
                        Representatives immediately before being so 
                        elected, appointed, or assigned, to complete 
                        training described in subsections (b) and (c)--
                                    (I) not later than 30 days after 
                                the date on which the individual begins 
                                serving in the covered position; and
                                    (II) annually thereafter as long as 
                                the individual serves in a covered 
                                position in the House of 
                                Representatives;
                            (ii) each individual serving in a covered 
                        position in the House of Representatives on the 
                        initial training date, to complete such 
                        training--
                                    (I) not later than 30 days after 
                                the initial training date; and
                                    (II) annually thereafter as long as 
                                the individual serves in a covered 
                                position in the House of 
                                Representatives; and
                            (iii) a designee of each covered office of 
                        the House of Representatives to--
                                    (I) annually submit to the 
                                Committee a certification indicating 
                                whether each individual serving in a 
                                covered position in such covered office 
                                has completed the training; and
                                    (II) submit, by not later than the 
                                last day of each Congress, to the Chief 
                                Administrative Officer of the House of 
                                Representatives a certification 
                                indicating whether each individual 
                                serving in a covered position in such 
                                covered office has completed the 
                                training requirements under this title 
                                during that Congress; and
                    (B) may establish additional requirements for the 
                training on covered harassment and covered 
                discrimination awareness and prevention offered to 
                individuals serving in a covered position in the House 
                of Representatives under this section.
    (b) Requirements for Training.--The training on covered harassment 
and discrimination awareness and prevention required under this section 
shall--
            (1) be provided by the Office of Congressional Workplace 
        Rights;
            (2) include--
                    (A) information and practical guidance regarding 
                any applicable Federal laws concerning the prohibition 
                against and the prevention and correction of covered 
                harassment and covered discrimination and the rights of 
                survivors of covered harassment in employment;
                    (B) practical examples aimed at instructing 
                supervisors in the prevention of covered harassment and 
                covered discrimination, and retaliation;
                    (C) presentations by individuals with knowledge and 
                expertise in the prevention of covered harassment and 
                covered discrimination and retaliation;
                    (D) a discussion of the consequences for 
                perpetrators of covered harassment and covered 
                discrimination;
                    (E) information regarding the prohibition under the 
                Congressional Accountability Act of 1995 (2 U.S.C. 1301 
                et seq.) against retaliation against witnesses to, or 
                individuals who experience, covered harassment or 
                discrimination and who report the harassment or 
                discrimination;
                    (F) information regarding how an individual in a 
                covered position in the Senate or a covered position in 
                the House of Representatives reports covered harassment 
                or discrimination to the Office of Congressional 
                Workplace Rights;
                    (G) in the case of training provided to individuals 
                who are Members of Congress, elected and appointed 
                officers of Congress, heads of covered offices of 
                Congress, and managers of covered offices of Congress, 
                information regarding the role of such individuals in 
                recognizing and responding to harassment and harassment 
                complaints; and
                    (H) any additional content required under paragraph 
                (1)(A)(ii) or (2)(B) of subsection (a) by the Committee 
                on Rules and Administration of the Senate or the 
                Committee on House Administration of the House of 
                Representatives (as applicable); and
            (3) require that an individual demonstrate mastery of the 
        subject matter through an assessment in order to complete the 
        training.
    (c) Provision of Training.--
            (1) In general.--The Office of Congressional Workplace 
        Rights shall--
                    (A) by not later than 60 days after the date on 
                which the Committee on Rules and Administration of the 
                Senate and the Committee on House Administration of the 
                House of Representatives issue rules under paragraph 
                (1) or (2) of subsection (a), develop and offer 
                training on covered harassment and covered 
                discrimination awareness and prevention that meets the 
                requirements of subsection (b), subject to paragraph 
                (2);
                    (B) periodically update the training on covered 
                harassment and covered discrimination awareness and 
                prevention, including any materials relating to such 
                training; and
                    (C) periodically provide recordkeeping information 
                to the Committee on Rules and Administration of the 
                Senate and the Committee on House Administration of the 
                House of Representatives, as applicable, regarding the 
                individuals serving in covered positions in the Senate 
                or in covered positions in the House of 
                Representatives, respectively, who have completed the 
                training.
            (2) Consultation.--The Office of Congressional Workplace 
        Rights shall, in implementing the training described in 
        paragraph (1), consult with--
                    (A) entities having significant expertise in 
                identifying, preventing, and responding to covered 
                harassment; and
                    (B) covered harassment survivors or covered 
                harassment confidential advisors.
    (d) Publication of Certifications for Each Congress.--
            (1) Publication of certification in the senate.--Not later 
        than 30 days after the first day of each Congress, the 
        Secretary of the Senate shall publish each certification 
        submitted to the Secretary of the Senate, in accordance with 
        the rules issued under subsection (a)(1)(A)(i) and the 
        requirements of subsection (a)(1)(A)(i)(III)(bb), with respect 
        to the previous Congress on the public website of the Secretary 
        of the Senate.
            (2) Publication of certification in the house of 
        representatives.--Not later than 30 days after the first day of 
        each Congress, the Chief Administrative Officer of the House of 
        Representatives shall publish each certification submitted to 
        the Chief Administrative Officer of the House of 
        Representatives, in accordance with the rules issued under 
        subsection (a)(2)(A) and the requirements of subsection 
        (a)(2)(A)(iii)(II), with respect to the previous Congress on 
        the public website of the Chief Administrative Officer of the 
        House of Representatives.

SEC. 103. WORKPLACE CLIMATE SURVEY OF CONGRESS RELATING TO COVERED 
              HARASSMENT AND COVERED DISCRIMINATION.

    Not later than 120 days after the date of enactment of this Act, 
and every 2 years thereafter, the Office of Congressional Workplace 
Rights shall--
            (1) carry out an anonymous survey of individuals serving in 
        covered positions in the Senate or in covered positions in the 
        House of Representatives to determine--
                    (A) the scope of covered harassment and covered 
                discrimination in Congress;
                    (B) whether covered harassment and covered 
                discrimination prevention and reform efforts are 
                working to curb the prevalence of covered harassment in 
                Congress; and
                    (C) whether the complaint and reporting process 
                regarding instances of covered harassment and covered 
                discrimination in Congress is sufficient; and
            (2) prepare and submit only to the Committee on Rules and 
        Administration of the Senate and the Committee on Rules of the 
        House of Representatives a report regarding the findings of the 
        survey described in paragraph (1).

           TITLE II--CONGRESSIONAL ACCOUNTABILITY ACT OF 1995

SEC. 201. DEFINITIONS.

    Section 101 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1301) is amended--
            (1) by redesignating paragraphs (4) through (10), and 
        paragraphs (11) and (12), as paragraphs (5) through (11), and 
        paragraphs (13) and (14), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Covered harassment.--The term `covered harassment' 
        means harassment that is--
                    ``(A) discrimination because of race, color, 
                religion, sex, or national origin under title VII of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
                    ``(B) discrimination because of age under the Age 
                Discrimination in Employment Act of 1967 (29 U.S.C. 621 
                et seq.);
                    ``(C) discrimination on the basis of disability 
                under title I of the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12111 et seq.) or section 501 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 791);
                    ``(D) discrimination because of genetic information 
                under title II of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et 
                seq.); or
                    ``(E) discrimination because of sexual orientation, 
                or gender identity, within the meaning of Executive 
                Order 11478.''; and
            (3) by inserting after paragraph (11), as redesignated in 
        paragraph (1) of this section, the following:
            ``(12) Executive order 11478.--The term `Executive Order 
        11478' means Executive Order 11478 (42 U.S.C. 2000e note; 
        relating to equal employment opportunity in the Federal 
        Government), as amended and superseded by Executive Order 13672 
        and the other Executive orders issued before January 20, 
        2017.''.

SEC. 202. RIGHTS AND PROTECTIONS; RESPONSIBILITIES OF HEAD OF EMPLOYING 
              OFFICE.

    Section 201 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1311) is amended--
            (1) in subsection (a)--
                    (A)(i) in paragraph (2), by striking ``or'' at the 
                end;
                    (ii) in paragraph (3), by striking the period at 
                the end and inserting ``; or''; and
                    (iii) by adding at the end the following:
            ``(4) sexual orientation, or gender identity, within the 
        meaning of Executive Order 11478.'';
                    (B)(i) by redesignating paragraphs (1), (2), (3), 
                and (4), as added by section 201(2), as subparagraphs 
                (A), (B), (C), and (D), respectively;
                    (ii) by aligning the margins of such subparagraphs 
                with the margins of subparagraph (A) of subsection 
                (b)(1); and
                    (iii) by striking ``All personnel'' and inserting 
                the following:
            ``(1) In general.--All personnel''; and
                    (C) by adding at the end the following:
            ``(2) Responsibilities.--
                    ``(A) In general.--If an individual who is the head 
                of an employing office, or the highest ranking employee 
                of the head of the employing office, is aware of, or a 
                reasonable individual in the position involved would be 
                aware of, covered harassment in the office, the 
                individual shall carry out the responsibility described 
                in subparagraph (B).
                    ``(B) Responsibilities.--The individual referred to 
                in subparagraph (A) shall make affirmative efforts to 
                address, and prevent the recurrence of, covered 
                harassment in the office.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``subsection 
                (a)(1)'' and inserting ``subsection (a)(1)(A)'';
                    (B) in paragraph (2), by striking ``subsection 
                (a)(2)'' and inserting ``subsection (a)(1)(B)''; and
                    (C) in paragraph (3), by striking ``subsection 
                (a)(3)'' and inserting ``subsection (a)(1)(C)''.

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

    Section 201 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1311) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) In this section, the term `covered employee', used with 
respect to covered harassment, includes--
            ``(1) an intern or fellow serving in a position in an 
        employing office--
                    ``(A) without regard to whether the intern or 
                fellow receives compensation; and
                    ``(B) if the intern or fellow does receive 
                compensation, without regard to the source of 
                compensation; and
            ``(2) a detailee serving in a position in an employing 
        office without regard to whether the service is on a 
        reimbursable basis.''.

SEC. 204. NOTICES.

    Part E of title II of the Congressional Accountability Act of 1995 
(2 U.S.C. 1361) is amended by adding at the end the following:

``SEC. 226. NOTICES.

    ``(a) In General.--Every employing office shall post and keep 
posted (in conspicuous places upon its premises where notices to 
covered employees are customarily posted) a notice provided by the 
Office that--
            ``(1) describes the rights, protections, and procedures 
        applicable to covered employees of the employing office under 
        this Act, concerning covered harassment and covered 
        discrimination; and
            ``(2) includes contact information for the Office.
    ``(b) Definition.--In this section, the term `covered 
discrimination' means--
            ``(1) discrimination described in any of subparagraphs (A) 
        through (E) of section 101(4);
            ``(2) discrimination prohibited by section 210; or
            ``(3) a violation of section 207 that is related to 
        discrimination described in paragraph (1) or (2).''.

SEC. 205. CONFIDENTIAL ADVISOR.

    Section 302 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1382) is amended--
            (1) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Confidential Advisor.--
            ``(1) In general.--The Executive Director shall--
                    ``(A) appoint, and fix the compensation of, and may 
                remove, a Confidential Advisor; or
                    ``(B) designate an employee of the Office to serve 
                as a Confidential Advisor.
            ``(2) Duties.--
                    ``(A) Voluntary services.--The Confidential Advisor 
                shall offer to provide the services described in 
                subparagraph (B), which a covered employee may accept 
                or decline.
                    ``(B) Services.--The services referred to in 
                subparagraph (A) are--
                            ``(i) informing a covered employee who has 
                        experienced a practice that may be covered 
                        harassment about the employee's rights under 
                        this Act;
                            ``(ii) consulting, on a confidential basis, 
                        with a covered employee who has experienced a 
                        practice that may be covered harassment; and
                            ``(iii) assisting a covered employee who 
                        seeks consideration under title IV of an 
                        allegation involving covered harassment in 
                        understanding the procedures, and the 
                        significance of the procedures, described in 
                        that title.''.

SEC. 206. OVERALL PROCEDURE.

    Section 401 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1401) is amended--
            (1) in the first sentence--
                    (A) in paragraph (1), by inserting ``, which shall 
                be voluntary in the case of an allegation of covered 
                harassment'' before the semicolon; and
                    (B) in paragraph (2), by inserting ``, which shall 
                be voluntary in the case of an allegation of covered 
                harassment'' before the semicolon; and
            (2) in the second sentence, by inserting ``(or a request 
        for counseling, mediation, or a hearing, concerning an 
        allegation of covered harassment)'' after ``for counseling 
        under section 402''.

SEC. 207. NOTIFICATION.

    Section 401 of the Congressional Accountability Act of 1995, as 
amended by section 206, is further amended--
            (1) by striking ``Except'' and inserting the following:
    ``(a) Overall Procedure.--Except''; and
            (2) by adding at the end the following:
    ``(b) Notification After Allegation of Covered Harassment.--On 
receiving a request, under this title, for counseling or another 
proceeding for consideration of alleged covered harassment, the Office 
shall provide to the employee written notification that describes the 
rights, protections, and procedures applicable to a covered employee 
who is raising such an allegation.
    ``(c) No Requirement To Present Allegation First to Employing 
Office.--Notwithstanding any provision of law, regardless of whether a 
covered employee follows the employing office's procedures for 
initially presenting an allegation, or information about the 
allegation, of covered harassment to the employing office--
            ``(1) the covered employee is privileged to request and 
        obtain, under this title, counseling or another proceeding for 
        consideration of alleged covered harassment; and
            ``(2) the covered employee--
                    ``(A) may file a complaint with the Office in 
                accordance with section 405 or file a civil action with 
                a court in accordance with section 408;
                    ``(B) may proceed without prejudice under the 
                corresponding procedures specified in title IV 
                including obtaining any available remedy; and
                    ``(C) shall be entitled to protection from 
                intimidation, reprisal, or other discrimination 
                described in section 207 as provided in that 
                section.''.

SEC. 208. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID LEAVE DURING 
              PENDENCY OF PROCEDURES.

    Section 401 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1401), as amended by section 207, is further amended by adding 
at the end the following new subsection:
    ``(d) Availability of Remote Work Assignment or Paid Leave During 
Pendency of Procedures.--
            ``(1) Requirements for employing offices.--
                    ``(A) Remote work assignment.--At the request of a 
                covered employee who alleges covered harassment by the 
                covered employee's employing office, during the 
                pendency of any of the procedures available under this 
                title for consideration of the allegation, the 
                employing 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 employing office, a covered employee 
                who makes a request under this paragraph cannot carry 
                out the employee's responsibilities from a remote 
                location, the employing office shall grant paid leave 
                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 Representatives 
        grants a covered employee of such office paid leave under 
        paragraph (1), during the period in which the employee is on 
        paid leave, the employee shall not be counted among the number 
        of employees of the office--
                    ``(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 committee of 
                the House, for purposes of any rule or regulation of 
                the House that governs the number of employees the 
                committee may appoint.
            ``(3) Exception for arrangements subject to collective 
        bargaining agreements.--Paragraph (1) does not apply to the 
        extent that it is inconsistent with the terms and conditions of 
        any collective bargaining agreement that is in effect with 
        respect to an employing office.''.

SEC. 209. ELECTRONIC REPORTING SYSTEM.

    Section 401 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1401), as amended by section 208, is further amended by adding 
at the end the following new subsection:
    ``(e) Use of Electronic Reporting System.--The Office shall 
establish and operate an electronic reporting system through which a 
covered employee may initiate a proceeding under this title, and that 
will keep an electronic record of the date and time at which the 
proceeding is initiated.''.

SEC. 210. COUNSELING.

    Section 402(a) of the Congressional Accountability Act of 1995 (2 
U.S.C. 1402(a)) is amended, in the first sentence, by inserting ``or, 
in the case of an allegation of covered harassment, may request 
voluntary counseling by the Office'' before the period.

SEC. 211. MEDIATION.

    (a) Voluntary Mediation.--Section 403(a) of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1403(a)) is amended--
            (1) by striking ``Not later'' and inserting the following:
            ``(1) In general.--Except as provided in paragraph (2), not 
        later''; and
            (2) by adding at the end the following:
            ``(2) Allegation of covered harassment.--In the case of an 
        allegation of covered harassment--
                    ``(A) for a covered employee who requests 
                counseling under section 402, not later than 15 days 
                after receipt by the employee of notice of the end of 
                the counseling period under section 402, but prior to 
                making an election under section 404, the covered 
                employee who alleged a violation of a law may file a 
                request for voluntary mediation with the Office; and
                    ``(B) for a covered employee who does not request 
                such counseling, not later than 180 days after the date 
                of the alleged violation, but prior to making an 
                election under section 404, the covered employee may 
                file a request for voluntary mediation with the 
                Office.''.
    (b) Requiring Parties To Be Separated During Mediation at Request 
of Employee.--Section 403(b)(2) of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1403(b)(2)) is amended by striking ``meetings with 
the parties'' and all that follows and inserting the following: 
``meetings with the parties--
            ``(1) held for the purpose of resolving the dispute between 
        the covered employee and the employing office; and
            ``(2)(A) except as provided in subparagraph (B), conducted 
        separately or jointly; or
            ``(B) at the request of a covered employee who alleges 
        covered harassment, during which the parties shall be 
        separated.''.

SEC. 212. ELECTION OF PROCEEDING.

    Section 404 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1404) is amended--
            (1) by striking ``Not later'' and inserting the following:
            ``(1) In general.--Except as provided in subsection (b), 
        not later''; and
            (2) by adding at the end the following:
    ``(b) Allegation of Covered Harassment.--In the case of an 
allegation of covered harassment--
            ``(1) for a covered employee who requests mediation under 
        section 403 (or does not, but requests counseling under section 
        402), not later than 90 days after the end of the period of 
        mediation (or counseling), the covered employee may either--
                    ``(A) file a complaint as described in subsection 
                (a)(1); or
                    ``(B) file a civil action as described in 
                subsection (a)(2); and
            ``(2) for a covered employee who does not request such 
        mediation (or counseling), not later than 180 days after the 
        date of the alleged violation, the covered employee may 
        either--
                    ``(A) file a complaint as described in subsection 
                (a)(1); or
                    ``(B) file a civil action as described in 
                subsection (a)(2).''.

SEC. 213. COMPLAINT AND PROCEEDING.

    Section 405(a) of the Congressional Accountability Act of 1995 (2 
U.S.C. 1405(a)) is amended by striking subsection (a) and inserting the 
following:
    ``(a) Complaint.--
            ``(1) In general.--Except as provided in paragraph (2)--
                    ``(A) a covered employee may, upon the completion 
                of mediation under section 403, file a complaint with 
                the Office; and
                    ``(B) the respondent to the complaint shall be the 
                employing office--
                            ``(i)(I) involved in the violation; or
                            ``(II) in which the violation is alleged to 
                        have occurred; and
                            ``(ii) about which mediation was conducted.
            ``(2) Allegation of covered harassment.--In the case of an 
        allegation of covered harassment--
                    ``(A) a covered employee may file a complaint with 
                the Office as described in section 404(b); and
                    ``(B) the respondent to the complaint shall be the 
                employing office--
                            ``(i) involved in the violation; or
                            ``(ii) in which the violation is alleged to 
                        have occurred.''.

SEC. 214. INVESTIGATORY POWERS.

    Section 405 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1405) is amended by striking subsection (e) and inserting the 
following:
    ``(e) Investigations and Discovery.--
            ``(1) Investigations.--The Office shall have the authority 
        to conduct investigations regarding complaints of covered 
        harassment filed under this section, including investigations 
        with respect to practices experienced by former covered 
        employees that may be covered harassment.
            ``(2) Discovery.--Reasonable prehearing discovery may be 
        permitted at the discretion of the hearing officer regarding a 
        complaint filed under this section.''.

SEC. 215. CIVIL ACTION.

    Section 408(a) of the Congressional Accountability Act of 1995 (2 
U.S.C. 1408(a)) is amended--
            (1) in the first sentence, by striking ``who has completed 
        counseling under section 402 and mediation under section 403'' 
        and inserting ``who meets the applicable requirements of 
        section 404''; and
            (2) in the second sentence, by inserting ``or a violation 
        that is covered harassment'' before the period.

SEC. 216. PERSONAL LIABILITY OF MEMBERS OF CONGRESS FOR PAYMENT OF 
              SETTLEMENTS AND AWARDS.

    Section 415 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1415) is amended by adding at the end the following:
    ``(d) Personal Liability of Members of Congress for Payment of 
Settlements and Awards.--
            ``(1) In general.--If a payment is made from the account 
        described in subsection (a) for an award or settlement 
        resulting from harassment described in paragraph (2), the 
        Member of Congress who committed the harassment shall reimburse 
        the account for the amount of the award or settlement.
            ``(2) Harassment.--The harassment referred to in paragraph 
        (1) is--
                    ``(A) quid pro quo covered harassment that was 
                committed personally by a Member of Congress; or
                    ``(B) hostile environment covered harassment that a 
                Member of Congress committed by personally creating a 
                hostile environment.''.

SEC. 217. CONFIDENTIALITY.

    Section 416 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1416) is amended by adding at the end the following:
    ``(g) Waiver.--A covered employee who requests, under this title, 
counseling or another proceeding for consideration of alleged covered 
harassment may waive the employee's right to confidentiality under this 
section during counseling or at any time after the last proceeding 
sought by the employee under this title has concluded (including after 
settlement or a voluntary termination of that proceeding).''.

SEC. 218. OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS.

    (a) References.--Paragraphs (1), (2), (3)(H), (10)(D), (11), (13), 
and (14) of section 101 (as redesignated by section 201 of this Act), 
sections 210(a)(9), 215(e)(1), 220(e)(2)(G), and 301(a), and paragraphs 
(4) and (5) of section 304(c) of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1301, 1331(a)(9), 1341(e)(1), 1351(e)(2)(G), 1381(a), 
1384(c)) are amended by striking ``Office of Compliance'' and inserting 
``Office of Congressional Workplace Rights''.
    (b) Headings.--Title III of the Congressional Accountability Act of 
1995 (2 U.S.C. 1381 et seq.) is amended by striking the headings for 
title III and section 301 and inserting the following:

         ``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

``SEC. 301. ESTABLISHMENT OF OFFICE OF CONGRESSIONAL WORKPLACE 
              RIGHTS.''.

SEC. 219. CONFORMING AMENDMENTS.

    (a) In General.--Section 415(c) of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1415(c)) is amended by striking ``section 
201(a)(3)'' and inserting ``section 201(a)(1)(C)''.
    (b) Table of Contents.--The table of contents in section 1(b) the 
Congressional Accountability Act of 1995 is amended--
            (1) by striking the item relating to the part heading for 
        part A of title II and inserting the following:

  ``Part A--Employment Discrimination, Family and Medical Leave, and 
                   Other Protections and Benefits'';

            (2) in the items relating to part E of title II, by adding 
        at the end the following:

``Sec. 226. Notices.'';
        and
            (3) by striking the items relating to the title heading for 
        title III, and section 301, and inserting the following:

         ``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

``Sec. 301. Establishment of Office of Congressional Workplace 
                            Rights.''.
                                 <all>