Congressional Accountability Act of 1995 Reform Act
This bill amends the Congressional Accountability Act of 1995 (CAA) to revise procedures for initiating, investigating, and resolving claims by legislative branch employees alleging that their employing offices have violated CAA rights and protections, including protections against sexual harassment and discrimination.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4822 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4822
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 HOUSE OF REPRESENTATIVES
January 18, 2018
Mr. Harper (for himself, Mr. Brady of Pennsylvania, Mr. Rodney Davis of
Illinois, Ms. Lofgren, Mrs. Comstock, Mr. Raskin, Mr. Walker, Mr. Smith
of Nebraska, Mr. Loudermilk, Mr. Byrne, Ms. Speier, Mr. Deutch, and
Mrs. Brooks of Indiana) introduced the following bill; which was
referred to the Committee on House Administration, and in addition to
the Committees on Ethics, Oversight and Government Reform, and Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives 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 ``Congressional
Accountability Act of 1995 Reform Act''.
(b) References in Act.--Except as otherwise expressly provided,
whenever in this Act an amendment is expressed in terms of an amendment
to or repeal of a section or other provision, the reference shall be
considered to be made to that section or other provision of the
Congressional 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 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.
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.
TITLE II--IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE
Sec. 201. Semiannual 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 Helsinki and China
Commissions.
Sec. 304. Training and education programs of other employing offices.
Sec. 305. Renaming Office of Compliance as Office of Congressional
Workplace Rights.
TITLE IV--HOUSE OF REPRESENTATIVES REFORMS
Sec. 401. Mandatory anti-harassment and anti-discrimination policies
for House offices.
Sec. 402. Office of Employee Advocacy.
Sec. 403. Functions of Office of House Employment Counsel.
Sec. 404. Requiring inclusion of certifications on payroll
authorization forms of House of
Representatives of no connection between
payroll actions and claims relating to
Congressional Accountability Act of 1995.
Sec. 405. Sexual harassment as violation of House Code of Official
Conduct.
Sec. 406. Sexual relationships between House Members and employees and
unwelcome sexual advances as violation of
House Code of Official Conduct.
Sec. 407. Effect of filing of claim under Congressional Accountability
Act of 1995 on authority of Office of
Congressional Ethics to consider claims.
Sec. 409. Exercise of rulemaking authority.
TITLE V--EFFECTIVE DATE
Sec. 501. Effective date.
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.
(a) Procedures Described.--Section 401 (2 U.S.C. 1401) is amended
to read as follows:
``SEC. 401. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.
``(a) Filing and Investigation of Claims.--Except as otherwise
provided, the procedure for consideration of an alleged violation of
part A of title II consists of--
``(1) the filing of a claim by the covered employee
alleging the violation, as provided in section 402;
``(2) an investigation of the claim, to be conducted by the
General Counsel as provided in section 403; and
``(3) a formal hearing as provided in section 405, subject
to Board review as provided in section 406, and judicial review
in the United States Court of Appeals for the Federal Circuit
as provided in section 407, but only if, pursuant to an
investigation conducted by the General Counsel as provided in
section 403, the General Counsel finds either--
``(A) that there is reasonable cause to believe
that the employing office involved committed a
violation of part A of title II as alleged in the
covered employee's claim; or
``(B) that the General Counsel cannot determine
whether or not there is reasonable cause to believe
that the employing office committed a violation of part
A of title II as alleged in the covered employee's
claim.
``(b) Right of Employee To File Civil Action.--
``(1) Civil action.--A covered employee who files a claim
as provided in section 402 may, during the period described in
paragraph (3), file a civil action in a District Court of the
United States with respect to the alleged violation involved,
as provided in section 408.
``(2) Effect of filing civil action.--Notwithstanding
paragraph (2) or paragraph (3) of subsection (a), if the
covered employee files such a civil action--
``(A) the investigation of the claim by the General
Counsel as provided in section 403, or any subsequent
formal hearing as provided in section 405, shall
terminate upon the filing of the action by the covered
employee; and
``(B) the procedure for consideration of the
alleged violation shall not include any further
investigation of the claim by the General Counsel as
provided in section 403 or any subsequent formal
hearing as provided in section 405.
``(3) Period for filing civil action.--The period described
in this paragraph with respect to a claim is the 30-day period
which begins on the date the covered employee files the claim
under section 402.
``(4) Special rule for employees receiving finding of no
reasonable cause under investigation by general counsel.--
Notwithstanding paragraph (3), if a covered employee receives a
written notice from the General Counsel under section 403(c)(3)
that the employee has the right to file a civil action with
respect to the claim in accordance with section 408, the
covered employee may file the civil action not later than 90
days after receiving such written notice.
``(c) Special Rule for Architect of the Capitol and Capitol
Police.--In the case of an employee of the Office of the Architect of
the Capitol or of the Capitol Police, the Office, after receiving a
claim filed under section 402, may recommend that the employee use the
grievance procedures of the Architect of the Capitol or the Capitol
Police for resolution of the employee's grievance for a specific period
of time.
``(d) Rights of Parties To Retain Private Counsel.--Nothing in this
title may be construed to limit the authority of any individual,
including a covered employee, the head of an employing office, or an
individual who is alleged to have personally committed an act which
consists of a violation of part A of title II to retain counsel to
protect the interests of the individual at any point during any of the
procedures provided under this title for the consideration of an
alleged violation of part A of title II, including as provided under
section 415(d)(7) with respect to Members of the House of
Representatives and Senators.
``(e) Standards for Counsel Providing Representation.--Any counsel
who represents a party in any of the procedures provided under this
title shall have an obligation to ensure that, to the best of the
counsel's knowledge, information, and belief, as formed after an
inquiry which is reasonable under the circumstances, each of the
following is correct:
``(1) No pleading, written motion, or other paper is
presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of
resolution of the matter.
``(2) The claims, defenses, and other legal contentions the
counsel advocates are warranted by existing law or by a
nonfrivolous argument for extending, modifying, or reversing
existing law or for establishing new law.
``(3) The factual contentions have evidentiary support or,
if specifically so identified, will likely have evidentiary
support after a reasonable opportunity for further
investigation or discovery.
``(4) The denials of factual contentions are warranted on
the evidence or, if specifically so identified, are reasonably
based on belief or a lack of information.''.
(b) Conforming Amendment Relating to Civil Action.--Section 408 (2
U.S.C. 1408) is amended--
(1) by striking ``section 404'' and inserting ``section
401'';
(2) by striking ``who has completed counseling under
section 402 and mediation under section 403''; and
(3) by striking the second sentence.
(c) Other Conforming Amendments.--Title IV is amended--
(1) by striking section 404 (2 U.S.C. 1404); and
(2) by redesignating section 403 (2 U.S.C. 1403) as section
404.
(d) Clerical Amendments.--The table of contents is amended--
(1) by striking the item relating to section 404; and
(2) by redesignating the item relating to section 403 as
relating to section 404.
SEC. 102. REFORM OF PROCESS FOR INITIATION OF PROCEDURES.
(a) Initiation of Procedures.--Section 402 (2 U.S.C. 1402) is
amended to read as follows:
``SEC. 402. INITIATION OF PROCEDURES.
``(a) Intake of Claim by Office.--To commence a proceeding under
this title, a covered employee alleging a violation of law made
applicable under part A of title II shall file a claim with the Office.
The claim shall be made in writing under oath or affirmation, and shall
be in such form as the Office requires.
``(b) Initial Processing of Claim.--Upon the filing of a claim by a
covered employee under subsection (a), the Office shall take such steps
as may be necessary for the initial intake and recording of the claim,
including providing the employee with all relevant information with
respect to the rights of the employee under this title, and shall
notify the head of the employing office of the claim.
``(c) Use of Electronic Reporting and Tracking System.--
``(1) Establishment and operation of system.--The Office
shall establish and operate an electronic reporting system
through which a covered employee may initiate a proceeding
under this title, and which will keep an electronic record of
the date and time at which the proceeding is initiated and will
track all subsequent actions or proceedings occurring with
respect to the proceeding under this title.
``(2) Accessibility to all parties.--The system shall be
accessible to all parties to such actions or proceedings, but
only until the completion of such actions or proceedings.
``(d) Deadline.--A covered employee may not file a claim under this
section with respect to an allegation of a violation of law after the
expiration of the 180-day period which begins on the date of the
alleged violation.
``(e) No Effect on Ability of Covered Employee To Seek Information
From Office or Pursue Relief.--Nothing in this section may be construed
to limit the ability of a covered employee--
``(1) to contact the Office or any other appropriate office
prior to filing a claim under this section to seek information
regarding the employee's rights under this Act and the
procedures available under this title;
``(2) in the case of a covered employee of an employing
office of the House of Representatives or Senate, to refer
information regarding an alleged violation of part A of title
II to the Committee on Ethics of the House of Representatives
or the Select Committee on Ethics of the Senate (as the case
may be); or
``(3) to file a civil action in accordance with section
401(b).''.
(b) Clerical Amendment.--The table of contents is amended by
amending the item relating to section 402 to read as follows:
``Sec. 402. Initiation of procedures.''.
SEC. 103. INVESTIGATION OF CLAIMS BY GENERAL COUNSEL.
(a) Investigations Described.--Title IV (2 U.S.C. 1401 et seq.), as
amended by section 101(b), is further amended by inserting after
section 402 the following new section:
``SEC. 403. INVESTIGATION OF CLAIMS.
``(a) Investigation.--Upon the completion of the initial processing
of a claim under section 402(b), the General Counsel shall conduct an
investigation of the claim involved.
``(b) Subpoenas.--To carry out an investigation under this section,
the General Counsel may issue subpoenas in the same manner, and subject
to the same terms and conditions, as a hearing officer may issue
subpoenas to carry out discovery with respect to a hearing under
section 405, except that the General Counsel may issue such a subpoena
on the General Counsel's own initiative, without regard to whether or
not a party requests that the General Counsel issue the subpoena. It is
the sense of Congress that the General Counsel should issue subpoenas
under this subsection only to the extent that other methods of
obtaining information with respect to an investigation are insufficient
to enable the General Counsel to conclude the investigation within the
deadline described in subsection (e).
``(c) Report; Findings.--
``(1) Report.--Upon concluding an investigation of a claim
under this section, the General Counsel shall transmit a
written report on the results of the investigation to the
covered employee and the employing office involved.
``(2) Inclusion of findings.--The General Counsel shall
include in the report transmitted under paragraph (1) one of
the following findings:
``(A) A finding that there is reasonable cause to
believe that the employing office committed a violation
of part A of title II, as alleged in the covered
employee's claim.
``(B) A finding that there is no reasonable cause
to believe that the employing office committed a
violation of part A of title II, as alleged in the
covered employee's claim.
``(C) A finding that the General Counsel cannot
determine whether or not there is reasonable cause to
believe that the employing office committed a violation
of part A of title II, as alleged in the covered
employee's claim.
``(3) Notice of right to file civil action.--If the General
Counsel transmits a finding under subparagraph (B) of paragraph
(2), the General Counsel shall also transmit to the covered
employee a written notice that the employee has the right to
file a civil action with respect to the claim under section
408.
``(4) Transmission to executive director.--If the General
Counsel transmits a finding under subparagraph (A) or
subparagraph (C) of paragraph (2), the General Counsel shall
also transmit the report to the Executive Director.
``(5) Transmission of report on investigation of certain
claims to congressional ethics committees.--In the case of a
report furnished under paragraph (1) on the results of an
investigation of a claim alleging a violation of section 201(a)
which consists of an act committed personally by a Member of
the House of Representatives (including a Delegate or Resident
Commissioner to the Congress) or a Senator, the General Counsel
shall transmit the report to--
``(A) the Committee on Ethics of the House of
Representatives, in the case of a Member of the House
(including a Delegate or Resident Commissioner to the
Congress); or
``(B) the Select Committee on Ethics of the Senate,
in the case of a Senator.
``(d) Recommendation of Mediation.--At any time during the
investigation of a claim under this section, the General Counsel may
make a recommendation that the covered employee and the employing
office pursue mediation under section 404 with respect to the claim.
``(e) Deadline for Concluding Investigation.--The General Counsel
shall conclude the investigation of a claim under this subsection, and
transmit the report on the results of the investigation, not later than
90 days after the claim is filed under section 402, except that the
General Counsel may (upon notice to the parties to the investigation)
use an additional period of not to exceed 30 days to conclude the
investigation.''.
(b) Conforming Amendments Relating to Hearings Conducted by Office
of Compliance.--Section 405 (2 U.S.C. 1405) is amended as follows:
(1) In the heading, by striking ``complaint and''.
(2) By amending subsection (a) to read as follows:
``(a) Requirement for Office To Conduct Hearings.--
``(1) Hearing required upon certain findings by general
counsel.--
``(A) In general.--If the General Counsel transmits
to the Executive Director a report on the investigation
of a claim under section 403 which includes a finding
described in subparagraph (B), the Office shall conduct
a hearing to consider the claim and render a decision.
``(B) Findings described.--A finding described in
this subparagraph is--
``(i) a finding under section 403(c)(2)(A)
that there is reasonable cause to believe that
an employing office committed a violation of
part A of title II, as alleged in a claim filed
by a covered employee; or
``(ii) a finding under section 403(c)(2)(C)
that the General Counsel cannot determine
whether or not there is reasonable cause to
believe that the employing office committed a
violation of part A of title II, as alleged in
the covered employee's claim.''.
(3) In subsection (c)(1), by striking ``complaint'' and
inserting ``claim''.
(4) In subsection (d) in the matter preceding paragraph
(1), by striking ``complaint'' and inserting ``claim''.
(5) In subsection (d)(2), by striking ``no later than 60
days after filing of the complaint'' and inserting ``no later
than 60 days after the Executive Director receives the General
Counsel's report on the investigation of the claim''.
(6) In subsection (g), by striking ``complaint'' and
inserting ``claim''.
(c) Other Conforming Amendment.--The heading of section 414 (2
U.S.C. 1414) is amended by striking ``of complaints''.
(d) Clerical Amendments.--The table of contents, as amended by
section 101(c), is further amended as follows:
(1) By inserting after the item relating to section 402 the
following new item:
``Sec. 403. Investigation of claims.''.
(2) By amending the item relating to section 405 to read as
follows:
``Sec. 405. Hearing.''.
(3) By amending the item relating to section 414 to read as
follows:
``Sec. 414. Settlement.''.
SEC. 104. AVAILABILITY OF MEDIATION DURING INVESTIGATIONS.
(a) Option To Request Mediation.--Section 404(a) (2 U.S.C.
1404(a)), as redesignated by section 101(c), is amended to read as
follows:
``(a) Availability of Mediation During Investigation.--At any time
during the investigation of a covered employee's claim under section
403, the covered employee and the employing office may jointly file a
request for mediation with the Office.''.
(b) Period of Mediation.--The second sentence of section 404(c) (2
U.S.C. 1404(c)), as redesignated by section 101(c), is amended to read
as follows: ``The mediation period may be extended for one additional
period of 30 days at the joint request of the covered employee and
employing office.''.
(c) Requiring Parties To Be Separated During Mediation at Request
of Employee.--Section 404(b)(2) (2 U.S.C. 1404(b)(2)), as redesignated
by section 101(c), is amended by striking ``meetings with the parties
separately or jointly'' and inserting ``meetings with the parties
during which, at the request of the covered employee, the parties shall
be separated,''.
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.
(a) Mandating Reimbursement of Amounts Paid.--Section 415 (2 U.S.C.
1415) is amended by adding at the end the following new subsection:
``(d) Reimbursement by Members of Congress of Amounts Paid as
Settlements and Awards.--
``(1) Reimbursement required for certain violations.--
``(A) In general.--If a payment is made from the
account described in subsection (a) for an award or
settlement in connection with a claim alleging a
violation described in subparagraph (B) which consists
of an act committed personally by an individual who, at
the time of committing the act, was a Member of the
House of Representatives (including a Delegate or
Resident Commissioner to the Congress) or a Senator,
the individual shall reimburse the account for the
amount of the award or settlement.
``(B) Violations described.--A violation described
in this subparagraph is--
``(i) a violation of section 201(a); or
``(ii) a violation of section 207 which
consists of intimidating, taking reprisal
against, or otherwise discriminating against
any covered employee because the covered
employee has opposed any practice made unlawful
by section 201(a).
``(2) Withholding amounts from salary.--
``(A) Establishment of timetable and procedures by
committees.--For purposes of carrying out subparagraph
(B), the applicable Committee shall establish a
timetable and procedures for the withholding of amounts
from the compensation of an individual who is a Member
of the House of Representatives or a Senator.
``(B) Deadline.--The payroll administrator shall
withhold from an individual's compensation and transfer
to the account described in subsection (a) (after
transferring any amounts to the account of the
individual in the Thrift Savings Fund) such amounts as
may be necessary to reimburse the account for the
payment of an award or settlement described in
paragraph (1) if the individual has not reimbursed the
account as required under paragraph (1) prior to the
expiration of the 90-day period which begins on the
date a payment is made from the account for such an
award or settlement.
``(C) Applicable committee defined.--In this
paragraph, the `applicable Committee' means--
``(i) the Committee on House Administration
of the House of Representatives, in the case of
an individual who, at the time of the
withholding, is a Member of the House; or
``(ii) the Committee on Rules and
Administration of the Senate, in the case of an
individual who, at the time of the withholding,
is a Senator.
``(3) Use of amounts in thrift savings fund as source of
reimbursement.--
``(A) In general.--If, by the expiration of the
180-day period which begins on the date a payment is
made from the account described in subsection (a) for
an award or settlement described in paragraph (1), an
individual who is a Member of the House of
Representatives or a Senator has not reimbursed the
account as required under paragraph (1), the Executive
Director of the Federal Retirement Thrift Investment
Board shall make a transfer, from the account of the
individual in the Thrift Savings Fund to the account
described in subsection (a), of an amount equal to the
award or settlement (reduced by any amount the
individual has reimbursed, taking into account any
amounts withheld under paragraph (2)).
``(B) Initiation of transfer.--A transfer under
subparagraph (A) shall be initiated by a written
request to the Executive Director from the Secretary of
the Treasury in the form and manner required by the
Executive Director.
``(4) Notification to office of personnel management and
secretary of the treasury.--If, at the time an individual is
first no longer receiving compensation as a Member or a
Senator, the amounts withheld under this subsection have not
been sufficient to reimburse the account described in
subsection (a) for an award or settlement described in
paragraph (1), the payroll administrator--
``(A) shall notify the Director of the Office of
Personnel Management, who shall take such actions as
the Director considers appropriate to withhold from any
annuity payable to the individual under chapter 83 or
chapter 84 of title 5, United States Code, and transfer
to the account described in subsection (a), such
amounts as may be necessary to reimburse the account
for the payment; and
``(B) shall notify the Secretary of the Treasury,
who (if necessary), notwithstanding section 207 of the
Social Security Act (42 U.S.C. 407), shall take such
actions as the Secretary of the Treasury considers
appropriate to withhold from any payment to the
individual under title II of the Social Security Act
and transfer to the account described in subsection
(a), such amounts as may be necessary to reimburse the
account for the payment.
``(5) Coordination between opm and treasury.--The Director
of the Office of Personnel Management and the Secretary of the
Treasury shall carry out paragraph (4) in a manner that ensures
the coordination of the withholding and transferring of amounts
under such paragraph, in accordance with regulations
promulgated by the Director and the Secretary.
``(6) Payroll administrator defined.--In this section, the
term `payroll administrator' means--
``(A) in the case of an individual who is a Member
of the House of Representatives, the Chief
Administrative Officer of the House of Representatives,
or an employee of the Office of the Chief
Administrative Officer who is designated by the Chief
Administrative Officer to carry out this subsection; or
``(B) in the case of an individual who is a
Senator, the Secretary of the Senate, or an employee of
the Office of the Secretary of the Senate who is
designated by the Secretary to carry out this
subsection.
``(7) Right to intervene.--An individual who is subject to
the reimbursement requirement of this subsection shall have the
right to intervene in any mediation, hearing, or civil action
under this title to the extent necessary to protect the
interests of the individual in the determination of whether an
award or settlement described in paragraph (1) should be made,
and the amount of any such award or settlement, except that
nothing in this paragraph may be construed to require the
covered employee who filed the claim to be deposed by counsel
for the individual in a deposition which is separate from any
other deposition taken from the employee in connection with the
hearing or civil action.''.
(b) Conforming Amendment Relating to Thrift Savings Fund.--Section
8437(e) of title 5, United States Code, is amended by striking ``or an
obligation'' and inserting the following: ``an obligation of the
Executive Director to make a transfer under section 415(d)(3) of the
Congressional Accountability Act of 1995, or an obligation''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply with respect to payments made on or after the date of the
enactment of this Act.
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.
Section 416(e) (2 U.S.C. 1416(d)) is amended to read as follows:
``(e) Automatic Referrals to Congressional Ethics Committees of
Dispositions of Claims Involving Members of Congress.--
``(1) Referral.--Upon the final disposition under this
title of a claim alleging a violation described in section
415(d)(1)(B) which consists of an act committed personally by a
Member of the House of Representatives (including a Delegate or
Resident Commissioner to the Congress) or a Senator, the
Executive Director shall refer the claim to--
``(A) the Committee on Ethics of the House of
Representatives, in the case of a Member of the House
(including a Delegate or Resident Commissioner to the
Congress); or
``(B) the Select Committee on Ethics of the Senate,
in the case of a Senator.
``(2) Access to records and information.--If the Executive
Director refers a claim to a Committee under paragraph (1), the
Executive Director shall provide the Committee with access to
the records of any investigations, hearings, or decisions of
the hearing officers and the Board under this title, and any
information relating to an award or settlement paid, in
response to such claim.
``(3) Protection of personally identifiable information.--
If a Committee to which a claim is referred under paragraph (1)
issues a report with respect to the claim, the Committee shall
ensure that the report does not directly disclose the identity
or position of the individual who filed the claim.
``(4) Final disposition described.--In this subsection, the
`final disposition' of a claim means any of the following:
``(A) An order or agreement to pay an award or
settlement.
``(B) A final decision of a hearing officer under
section 405(g).
``(C) A final decision of the Board under section
406(e).
``(D) A final decision in a civil action under
section 408.''.
SEC. 113. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID LEAVE OF
ABSENCE DURING PENDENCY OF PROCEDURES.
(a) In General.--Title IV (2 U.S.C. 1401 et seq.) is amended by
adding at the end the following new section:
``SEC. 417. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID LEAVE OF
ABSENCE DURING PENDENCY OF PROCEDURES.
``(a) Options for Employees.--
``(1) Remote work assignment.--At the request of a covered
employee who files a claim alleging a violation of part A of
title II by the covered employee's employing office, during the
pendency of any of the procedures available under this title
for consideration of the claim, the employing office may permit
the covered employee to carry out the employee's
responsibilities from a remote location instead of from the
location of the employing office.
``(2) 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 subsection cannot carry out the employee's
responsibilities from a remote location, the employing office
may grant paid leave of absence to a covered employee during
the pendency of the procedures available under this title for
the covered employee.
``(3) Ensuring no retaliation.--An employing office may not
grant a covered employee's request under this subsection in a
manner which would constitute reprisal or retaliation under
section 207.
``(b) Exception for Arrangements Subject to Collective Bargaining
Agreements.--Subsection (a) does not apply to the extent that it is
inconsistent with the terms and conditions of any collective bargaining
agreement which is in effect with respect to an employing office.''.
(b) Clerical Amendment.--The table of contents is amended by adding
at the end of the items relating to tile IV the following new item:
``Sec. 417. Availability of remote work assignment or paid leave of
absence during pendency of procedures.''.
SEC. 114. MODIFICATION OF RULES ON CONFIDENTIALITY OF PROCEEDINGS.
(a) Claims and Investigations.--Section 416(a) (2 U.S.C. 1416(a))
is amended to read as follows:
``(a) Claims and Investigations.--The filing of a claim under
section 402 and any investigation of a claim under section 403 shall be
confidential. Nothing in this subsection may be construed to prohibit a
covered employee or an employing office from disclosing any information
related to the claim (including information related to the defense of
the claim) in the course of any proceeding under this title.''.
(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 mediation''.
SEC. 115. REIMBURSEMENT BY OTHER EMPLOYING OFFICES OF LEGISLATIVE
BRANCH OF PAYMENTS OF CERTAIN AWARDS AND SETTLEMENTS.
(a) Requiring Reimbursement.--Section 415 (2 U.S.C. 1415), as
amended by section 111, is further amended by adding at the end the
following new subsection:
``(e) Reimbursement by Employing Offices.--
``(1) Notification of payments made from account.--As soon
as practicable after the Executive Director is made aware that
a payment of an award or settlement under this chapter has been
made from the account described in subsection (a) in connection
with a claim alleging a violation of section 201(a) by an
employing office (other than an employing office of the House
of Representatives or an employing office of the Senate), the
Executive Director shall notify the head of the employing
office that the payment has been made, and shall include in the
notification a statement of the amount of the payment.
``(2) Reimbursement by office.--Not later than 180 days
after receiving a notification from the Executive Director
under paragraph (1), the head of the employing office involved
shall transfer to the account described in subsection (a), out
of any funds available for operating expenses of the office, a
payment equal to the amount specified in the notification.
``(3) Timetable and procedures for reimbursement.--The head
of an employing office shall transfer a payment under paragraph
(2) in accordance with such timetable and procedures as may be
established under regulations promulgated by the Office.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to payments made under section 415 of the
Congressional Accountability Act of 1995 on or after the date of the
enactment of this Act.
TITLE II--IMPROVING OPERATIONS OF OFFICE OF COMPLIANCE
SEC. 201. SEMIANNUAL REPORTS ON CLAIMS, AWARDS, AND SETTLEMENTS.
(a) Requiring Submission and Publication of Reports.--Section
301(h) (2 U.S.C. 1381(h)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (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 45 days
after the first 6-month period of each calendar year, and not
later than 45 days after the next 6-month period of each
calendar year, submit to Congress and publish on the Office's
public website a report listing each award or settlement which
was paid during the previous year from the account described in
section 415(a) as the result of a claim alleging a violation of
part A of title II, including the employing office involved,
the amount of the award or settlement, the provision of part A
of title II which was the subject of the claim, and (in the
case of an award or settlement resulting from a violation
described in section 415(d)(1)(B) which was committed
personally by a Member or former Member of Congress), whether
the Member or former Member has met the requirement of section
415(d) to reimburse the account for the amount of the award or
settlement, except that such report may not disclose the
identity or position of an individual who filed the claim.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to 2018 and each succeeding year.
SEC. 202. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES.
(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. WORKPLACE CLIMATE SURVEYS OF EMPLOYING OFFICES.
``(a) Requirement To Conduct Surveys.--Not later than 1 year after
the date of the enactment of this section, and every 2 years
thereafter, the Office shall conduct a survey of employing offices
under this Act regarding the workplace environment of such offices.
``(b) Special Inclusion of Information on Sexual Harassment.--In
each survey conducted under this section, the Office shall survey
respondents on attitudes regarding sexual harassment.
``(c) Methodology.--
``(1) In general.--The Office shall conduct each survey
under this section in accordance with methodologies established
by the Office.
``(2) Confidentiality.--Under the methodologies established
under paragraph (1), all responses to all portions of the
survey shall be anonymous and confidential, and each respondent
shall be told throughout the survey that all responses shall be
anonymous and confidential.
``(d) Use of Results of Surveys.--The Office shall furnish the
information obtained from the surveys conducted under this section to
the Committee on House Administration of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate.
``(e) Consultation With Committees.--The Office shall carry out
this section, including establishment of methodologies and procedures
under subsection (c), in consultation with the Committee on House
Administration of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate.
``(f) Inclusion of Library of Congress.--For purposes of this
section, the Library of Congress shall be considered an employing
office.''.
(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. Workplace climate surveys of employing offices.''.
SEC. 203. RECORD RETENTION.
Section 301 (2 U.S.C. 1381) is amended by adding at the end the
following new subsection:
``(l) Record Retention.--The Office shall establish and maintain a
program for the permanent retention of its records, including the
records of investigations, mediations, hearings, and other proceedings
conducted under title IV.''.
SEC. 204. GAO STUDY OF MANAGEMENT PRACTICES.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the management practices of the Office of
Compliance.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the study conducted under
subsection (a), and shall include in the report such recommendations as
the Comptroller General considers appropriate for improvements to the
management practices of the Office of Compliance.
SEC. 205. GAO AUDIT OF CYBERSECURITY.
(a) Audit.--The Comptroller General of the United States shall
conduct an audit of the cybersecurity systems and practices of the
Office of Compliance.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the audit conducted under
subsection (a), and shall include in the report such recommendations as
the Comptroller General considers appropriate for improvements to the
cybersecurity systems and practices of the Office of Compliance.
TITLE III--MISCELLANEOUS REFORMS
SEC. 301. EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS AGAINST
EMPLOYMENT DISCRIMINATION.
(a) Extension.--Section 201 (2 U.S.C. 1311) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following 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 (including an applicant for an internship and a former
intern), an individual detailed to an employing office, and an
individual participating in a fellowship program, in the same
manner and to the same extent as such subsections apply with
respect to an employee.
``(2) Rule of construction.--Nothing in paragraph (1) may
be construed to extend liability for a violation of subsection
(a) to an employing office on the basis of an action taken by
any person who is not under the supervision or control of the
employing office.
``(3) Intern defined.--The term `intern' means an
individual who performs service for an employing office which
is uncompensated by the United States to earn credit awarded by
an educational institution or to learn a trade or occupation,
and includes any individual participating in a page program
operated by any House of Congress.''.
(b) Technical Correction Relating to Office Responsible for
Disbursement of Pay to House Employees.--Section 101(7) (2 U.S.C.
1301(7)) is amended by striking ``disbursed by the Clerk of the House
of Representatives'' and inserting ``disbursed by the Chief
Administrative Officer of the House of Representatives''.
SEC. 302. COVERAGE OF EMPLOYEES OF LIBRARY OF CONGRESS.
(a) Coverage for Purposes of Protections Against Workplace
Discrimination.--Section 201 (2 U.S.C. 1311), as amended by section
301(a), is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Coverage of Library of Congress.--For purposes of this
section--
``(1) the Library of Congress shall be considered an
employing office; and
``(2) the employees of the Library of Congress shall be
considered covered employees.''.
(b) Conforming Amendment Relating to Special Rule for Available
Procedures.--Section 401(c) (2 U.S.C. 1401(c)), as amended by section
101(a), is amended--
(1) in the heading, by striking ``Architect of the Capitol
and Capitol Police'' and inserting ``Architect of the Capitol,
Capitol Police, and Library of Congress''; and
(2) by striking ``the Office of the Architect of the
Capitol or of the Capitol Police'' and inserting ``the Office
of the Architect of the Capitol, the Capitol Police, or the
Library of Congress''; and
(3) by striking ``Architect of the Capitol or the Capitol
Police'' and inserting ``Architect of the Capitol, the Capitol
Police, or the Library of Congress (as the case may be)''.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall apply with respect to claims alleging violations of part
A of title II of the Congressional Accountability Act of 1995
which are first made on or after the date of the enactment of
this Act.
(2) Treatment of pending claims under existing
procedures.--If, as of the date of the enactment of this Act,
an employee of the Library of Congress has or could have filed
a charge or complaint pursuant to procedures of the Library of
Congress which were available to the employee prior to such
date for the resolution of a claim alleging a violation of a
provision of law made applicable to the Library under section
201(a) (including procedures applicable pursuant to a
collective bargaining agreement), the employee may complete, or
initiate and complete, all such procedures, and such procedures
shall remain in effect with respect to, and provide the
exclusive procedures for, that charge or complaint until the
completion of all such procedures.
SEC. 303. CLARIFICATION OF COVERAGE OF EMPLOYEES OF HELSINKI AND CHINA
COMMISSIONS.
(a) Clarification of Coverage.--Section 101 (2 U.S.C. 1301) is
amended--
(1) by striking ``Except as otherwise'' and inserting ``(a)
In General.--Except as otherwise''; and
(2) by adding at the end the following new subsection:
``(b) Clarification of Coverage of Employees of Certain
Commissions.--
``(1) Coverage.--With respect to the China Review
Commission, the Congressional-Executive China Commission, and
the Helsinki Commission--
``(A) any individual who is an employee of such
Commission shall be considered a covered employee for
purposes of this Act; and
``(B) the Commission shall be considered an
employing office for purposes of this Act.
``(2) Authority to provide legal assistance and
representation.--Subject to paragraph (3), legal assistance and
representation under this Act, including assistance and
representation with respect to the proposal or acceptance of
the disposition of a claim under this Act, shall be provided to
the China Review Commission, the Congressional-Executive China
Commission, and the Helsinki Commission--
``(A) by the House Employment Counsel of the House
of Representatives, in the case of assistance and
representation in connection with a claim filed under
title IV (including all subsequent proceedings under
such title in connection with the claim) at a time when
the chair of the Commission is a Member of the House;
or
``(B) by the Senate Chief Counsel for Employment of
the Senate, in the case of assistance and
representation in connection with a claim filed under
title IV (including all subsequent proceedings under
such title in connection with the claim) at a time when
the chair of the Commission is a Senator.
``(3) Definitions.--In this subsection--
``(A) the term `China Review Commission' means the
United States-China Economic and Security Review
Commission established under section 1238 of the Floyd
D. Spence National Defense Authorization Act of 2001
(Public Law 106-398; 22 U.S.C. 7002);
``(B) the term `Congressional-Executive China
Commission' means the Congressional-Executive
Commission on the People's Republic of China
established under title III of the U.S.-China Relations
Act of 2000 (Public Law 106-286; 22 U.S.C. 6911 et
seq.); and
``(C) the term `Helsinki Commission' means the
Commission on Security and Cooperation in Europe
established under the Act entitled `An Act to establish
a Commission on Security and Cooperation in Europe'
(Public Law 94-304; 22 U.S.C. 3001 et seq.).''.
(b) Coverage of Stennis Center.--
(1) Treatment of employees as covered employees.--Section
101(3) (2 U.S.C. 1301(3)) is amended--
(A) by striking ``or'' at the end of subparagraph
(H);
(B) by striking the period at the end of
subparagraph (I) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(J) the John C. Stennis Center for Public Service
Training and Development.''.
(2) Treatment of center as employing office.--Section
101(9)(D) (2 U.S.C. 1301(9)(D)) is amended by striking ``and
the Office of Technology Assessment'' and inserting the
following: ``the Office of Technology Assessment, and the John
C. Stennis Center for Public Service Training and
Development''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Congressional
Accountability Act of 1995.
SEC. 304. TRAINING AND EDUCATION PROGRAMS OF OTHER EMPLOYING OFFICES.
(a) Requiring Offices To Develop and Implement Programs.--Title V
(2 U.S.C. 1431 et seq.) is amended--
(1) by redesignating section 509 as section 510; and
(2) by inserting after section 508 the following new
section:
``SEC. 509. TRAINING AND EDUCATION PROGRAMS OF EMPLOYING OFFICES.
``(a) Requiring Offices To Develop and Implement Programs.--Each
employing office shall develop and implement a program to train and
educate covered employees of the office in the rights and protections
provided under this Act, including the procedures available under title
IV to consider alleged violations of this Act.
``(b) Report to Committees.--
``(1) In general.--Not later than 45 days after the
beginning of each Congress (beginning with the One Hundred
Sixteenth Congress), each employing office shall submit a
report to the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration
of the Senate on the implementation of the program required
under subsection (a).
``(2) Special rule for first report.--Not later than 180
days after the date of the enactment of the Congressional
Accountability Act of 1995 Reform Act, each employing office
shall submit the report described in paragraph (1) to the
Committees described in such paragraph.
``(c) Exception for Offices of Congress.--This section does not
apply to an employing office of the House of Representatives or an
employing office of the Senate.''.
(b) Clerical Amendment.--The table of contents is amended--
(1) by redesignating the item relating to section 509 as
relating to section 510; and
(2) by inserting after the item relating to section 508 the
following new item:
``Sec. 509. Training and education programs of employing offices.''.
SEC. 305. RENAMING OFFICE OF COMPLIANCE AS OFFICE OF CONGRESSIONAL
WORKPLACE RIGHTS.
(a) Renaming.--Section 301 of the Congressional Accountability Act
of 1995 (2 U.S.C. 1381 et seq.) is amended--
(1) in the heading, by striking ``office of compliance''
and inserting ``office of congressional workplace rights''; and
(2) in subsection (a), by striking ``Office of Compliance''
and inserting ``Office of Congressional Workplace Rights''.
(b) Conforming Amendments to Congressional Accountability Act of
1995.--The Congressional Accountability Act of 1995 is amended as
follows:
(1) In section 101(1) (2 U.S.C. 1301(1)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(2) In section 101(2) (2 U.S.C. 1301(2)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(3) In section 101(3)(H) (2 U.S.C. 1301(3)(H)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(4) In section 101(9)(D) (2 U.S.C. 1301(9)(D)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(5) In section 101(10) (2 U.S.C. 1301(10)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(6) In section 101(11) (2 U.S.C. 1301(11)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(7) In section 101(12) (2 U.S.C. 1301(12)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), by striking
``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(10) In section 220(e)(2)(G) (2 U.S.C. 1351(e)(2)(G)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(11) In the heading of title III, by striking ``OFFICE OF
COMPLIANCE'' and inserting ``OFFICE OF CONGRESSIONAL WORKPLACE
RIGHTS''.
(12) In section 304(c)(4) (2 U.S.C. 1384(c)(4)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(13) In section 304(c)(5) (2 U.S.C. 1384(c)(5)), by
striking ``Office of Compliance'' and inserting ``Office of
Congressional Workplace Rights''.
(c) Clerical Amendments.--The table of contents is amended--
(1) by amending the item relating to the heading of title
III to read as follows:
``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS'';
and
(2) by amending the item relating to section 301 to read as
follows:
``Sec. 301. Office of Congressional Workplace Rights.''.
(d) References in Other Laws, Rules, and Regulations.--Any
reference to the Office of Compliance in any law, rule, regulation, or
other official paper in effect as of the effective date of this Act
shall be considered to refer and apply to the Office of Congressional
Workplace Rights.
TITLE IV--HOUSE OF REPRESENTATIVES REFORMS
SEC. 401. MANDATORY ANTI-HARASSMENT AND ANTI-DISCRIMINATION POLICIES
FOR HOUSE OFFICES.
(a) Requiring Offices To Adopt Policy.--Each employing office of
the House of Representatives shall adopt an anti-harassment and anti-
discrimination policy for the office's workplace.
(b) Regulations.--Not later than June 1, 2018, the Committee on
House Administration shall promulgate regulations to carry out this
section, and shall ensure that such regulations are consistent with the
requirements of the Congressional Accountability Act of 1995, the Code
of Official Conduct under rule XXIII of the Rules of the House of
Representatives, and other relevant laws, rules, and regulations.
SEC. 402. OFFICE OF EMPLOYEE ADVOCACY.
(a) Establishment.--There is established in the Office of the Chief
Administrative Officer of the House of Representatives the Office of
Employee Advocacy (hereafter in this section referred to as the
``Office'').
(b) Functions.--
(1) Legal assistance, consultation, and representation.--
Subject to subsection (c), the Office shall carry out the
following functions:
(A) Providing legal assistance and consultation
regarding procedures under the Congressional
Accountability Act of 1995 and procedures applicable to
civil actions arising from claims made under such Act,
including--
(i) the roles and responsibilities of the
Office of Compliance, the Office of the House
Employment Counsel, and similar authorities;
(ii) any proceedings conducted under such
Act or pursuant to a civil action which the
employee may observe;
(iii) the authority of the General Counsel
of the Office of Compliance to compel
cooperation and testimony under an
investigation conducted under section 403 of
such Act and the authority of a hearing officer
to compel cooperation and testimony under
proceedings held under section 405 of such Act;
and
(iv) the employee's duties relating to such
proceedings, including the responsibility to
testify.
(B) Providing legal assistance and representation--
(i) in personal civil legal matters related
to the employee's claim under such Act (other
than a civil action filed under section 408 of
such Act); and
(ii) in any proceedings of the Office of
Compliance, the Committee on Ethics of the
House of Representatives (including the Office
of Congressional Ethics), or any other
administrative or judicial body related to the
employee's claim.
(C) Operating a hotline through which covered
employees of the House may contact the Office.
(2) Authority to provide assistance in any jurisdiction.--
Notwithstanding any law regarding the licensure of attorneys,
an attorney who is employed by the Office and is authorized to
provide legal assistance and representation under this section
is authorized to provide that assistance and representation in
any jurisdiction, subject to such regulations as may be
prescribed by the Office.
(3) Nature of relationship.--The relationship between the
Office and an employee to whom the Office provides legal
assistance and representation under this section shall be the
relationship between an attorney and client.
(4) Prohibiting acceptance of award of attorney fees or
other costs.--The Office may not accept any award of attorney
fees or other litigation expenses and costs under any hearing
or civil action brought under the Congressional Accountability
Act of 1995.
(c) Prohibiting Provision of Assistance Upon Filing of Civil
Action.--If a covered employee of the House who has filed a claim under
section 402 of the Congressional Accountability Act of 1995 files a
civil action with respect to the claim involved, as provided in section
408 of such Act, the Office may not provide assistance under this
section to the employee at any time after the employee files such
action.
(d) Director.--
(1) Appointment.--The Office shall be headed by a Director
who shall be appointed by the Chief Administrative Officer of
the House of Representatives.
(2) Qualifications; nonpartisanship of position.--The
individual appointed as Director shall be a lawyer who is
admitted to practice before the United States District Court
for the District of Columbia and who has experience in
representing employees in workplace discrimination cases.
(3) Compensation.--The Director shall be paid at an annual
rate established by the Chief Administrative Officer.
(4) Removal.--The Director may be removed by the Chief
Administrative Officer only for cause.
(e) Other Personnel.--Subject to regulations of the Committee on
House Administration and with the approval of the Chief Administrative
Officer, the Director may appoint and fix the compensation of such
additional personnel as the Director determines to be necessary to
carry out the functions of the Office.
(f) Nonpartisanship of Positions.--The Director and the other
personnel of the Office shall be appointed without regard to political
affiliation and solely on the basis of fitness to perform the duties of
the position.
SEC. 403. FUNCTIONS OF OFFICE OF HOUSE EMPLOYMENT COUNSEL.
(a) Functions Described.--The Office of the House Employment
Counsel established under the Office of the Clerk of the House of
Representatives shall carry out all of the functions which the Office
carried out as of the date of the enactment of this Act, including the
following:
(1) Providing legal assistance and representation to
employing offices of the House with respect to allegations,
claims, and civil actions under the Congressional
Accountability Act of 1995 which are brought by covered
employees of the House under such Act.
(2) Providing employing offices of the House with
confidential advice and counseling regarding compliance with
employment laws.
(3) Providing training to managers and employees regarding
employment law compliance.
(b) No Effect on Pending Proceedings.--Nothing in this section may
be construed to affect any proceeding to which the Office is a party
that is pending on the date of the enactment of this Act, including any
suit to which the Office is a party that is commenced prior to such
date.
SEC. 404. REQUIRING INCLUSION OF CERTIFICATIONS ON PAYROLL
AUTHORIZATION FORMS OF HOUSE OF REPRESENTATIVES OF NO
CONNECTION BETWEEN PAYROLL ACTIONS AND CLAIMS RELATING TO
CONGRESSIONAL ACCOUNTABILITY ACT OF 1995.
(a) Requiring Inclusion of Certification on Forms.--The Chief
Administrative Officer of the House of Representatives shall
incorporate, as part of the Payroll Authorization Form used by an
office of the House to register the appointment of an employee to the
office or a salary adjustment or title change with respect to an
employee of the office--
(1) a certification to be made by the authorizing official
of the office that the appointment, salary adjustment, or title
change is not made to pay a settlement or award in connection
with conduct prohibited under the Congressional Accountability
Act of 1995; and
(2) in the case of an office of a Member of the House, a
certification by the Member that any amounts in the Members'
Representational Allowance for the office which may be used to
carry out the appointment, salary adjustment, or title change
are not being used to pay a settlement or award in connection
with conduct prohibited under such Act.
(b) Requiring Certification as Condition of Processing Payroll
Action.--The Chief Administrative Officer may not process any Payroll
Authorization Form with respect to an office of the House if the Form
does not include the certifications required with respect to that
office under subsection (a).
SEC. 405. SEXUAL HARASSMENT AS VIOLATION OF HOUSE CODE OF OFFICIAL
CONDUCT.
Clause 9 of rule XXIII of the Rules of the House of Representatives
is amended by striking ``such individual,'' and inserting ``such
individual, including by committing an act of sexual harassment against
such individual,''.
SEC. 406. SEXUAL RELATIONSHIPS BETWEEN HOUSE MEMBERS AND EMPLOYEES AND
UNWELCOME SEXUAL ADVANCES AS VIOLATION OF HOUSE CODE OF
OFFICIAL CONDUCT.
Rule XXIII of the Rules of the House of Representatives is
amended--
(1) by redesignating clause 18 as clause 19; and
(2) by inserting after clause 17 the following new clause:
``18.(a) A Member, Delegate, or Resident Commissioner may not
engage in a sexual relationship with any employee of the House who
works under the supervision of the Member, Delegate, or Resident
Commissioner. This paragraph does not apply with respect to any
relationship between two people who are married to each other.
``(b) A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not engage in unwelcome sexual advances or
conduct towards another Member, Delegate, Resident Commissioner,
officer, or employee of the House.
``(c) In this clause, the term `employee' includes an applicant for
employment, a paid or unpaid intern (including an applicant for an
internship), a detailee, and an individual participating in a
fellowship program.''.
SEC. 407. EFFECT OF FILING OF CLAIM UNDER CONGRESSIONAL ACCOUNTABILITY
ACT OF 1995 ON AUTHORITY OF OFFICE OF CONGRESSIONAL
ETHICS TO CONSIDER CLAIMS.
The Office of Congressional Ethics may not initiate or continue any
investigation of a claim alleging a violation of law made applicable to
employing offices of the House of Representatives under part A of title
II of the Congressional Accountability Act of 1995, or make any
recommendations regarding the disposition of such a claim, if a covered
employee files a claim with respect to the alleged violation under
title IV of such Act.
SEC. 409. EXERCISE OF RULEMAKING AUTHORITY.
The provisions of this title are enacted--
(1) as an exercise of the rulemaking power of the House of
Representatives, and as such they shall be considered as part
of the rules of the House, and shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
the House to change such rules at any time, in the same manner,
and to the same extent as in the case of any other rule of the
House.
TITLE V--EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, this Act and the
amendments made by this Act shall take effect upon the expiration of
the 180-day period which begins on the date of the enactment of this
Act.
(b) No Effect on Pending Proceedings.--Nothing in this Act or the
amendments made by this Act may be construed to affect any proceeding
under title IV of the Congressional Accountability Act of 1995 which is
pending as of the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committees on Ethics, Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Ethics, Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Ethics, Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Ethics, Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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