Text: H.R.4396 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in House (11/15/2017)

 
[Congressional Bills 115th Congress]
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[H.R. 4396 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 4396

  To amend the Congressional Accountability Act of 1995 to reform the 
procedures provided under such Act for the investigation and resolution 
 of allegations that employing offices of the legislative branch have 
 violated the rights and protections provided to their employees under 
 such Act, including protections against sexual harassment, to require 
 the updating of programs of sexual harassment prevention and response 
training in employment, to institute biennial employment discrimination 
                climate surveys, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2017

 Ms. Speier (for herself, Mr. Costello of Pennsylvania, Ms. Kuster of 
     New Hampshire, Mr. Poliquin, Mr. Fitzpatrick, and Mr. Raskin) 
 introduced the following bill; which was referred to the Committee on 
                          House Administration

_______________________________________________________________________

                                 A BILL


 
  To amend the Congressional Accountability Act of 1995 to reform the 
procedures provided under such Act for the investigation and resolution 
 of allegations that employing offices of the legislative branch have 
 violated the rights and protections provided to their employees under 
 such Act, including protections against sexual harassment, to require 
 the updating of programs of sexual harassment prevention and response 
training in employment, to institute biennial employment discrimination 
                climate surveys, 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 ``Member and 
Employee Training and Oversight On Congress Act'' or the ``ME TOO 
Congress 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 PROCEDURES FOR INVESTIGATION AND RESOLUTION OF 
                               COMPLAINTS

Sec. 101. Waiving counseling and mediation as prerequisite for filing 
                            of complaint or civil action.
Sec. 102. Separation of investigative and adjudicative roles in 
                            hearings.
Sec. 103. Victims' Counsel.
Sec. 104. Prohibiting imposition of nondisclosure agreements.
Sec. 105. Availability of remote work assignment or paid leave of 
                            absence during pendency of procedures.
Sec. 106. Electronic reporting system.
Sec. 107. Requiring parties to be separated during mediation at request 
                            of employee.
Sec. 108. Deadline for completion of hearings.
Sec. 109. Clarification of authority of parties to reach agreements 
                            without approval of congressional 
                            committees.
Sec. 110. Modification of rules on confidentiality of proceedings.
             TITLE II--IMPROVING TRAINING AND TRANSPARENCY

Sec. 201. Requirements for programs of sexual harassment prevention and 
                            response training in employment.
Sec. 202. Personal liability of Members of Congress for payment of 
                            settlements and awards.
Sec. 203. Reports on complaints and payments.
Sec. 204. Employment discrimination climate surveys of Members and 
                            employees of Congress.
                    TITLE III--MISCELLANEOUS REFORMS

Sec. 301. Extension to unpaid staff of rights and protections against 
                            employment discrimination.
Sec. 302. Application of whistleblower protection rules.
Sec. 303. Renaming Office of Compliance as Office of Congressional 
                            Workplace Rights.
                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

   TITLE I--REFORM OF PROCEDURES FOR INVESTIGATION AND RESOLUTION OF 
                               COMPLAINTS

SEC. 101. WAIVING COUNSELING AND MEDIATION AS PREREQUISITE FOR FILING 
              OF COMPLAINT OR CIVIL ACTION.

    (a) Waiving Counseling; Permitting Initial Request To Be Made 
Anonymously.--The first sentence of section 402(a) (2 U.S.C. 1402(a)) 
is amended to read as follows: ``A covered employee alleging a 
violation of law made applicable under part A of title II may, at the 
option of the covered employee, request counseling by the Office, and 
may make the request anonymously.''.
    (b) Waiving Mediation.--Section 403(a) (2 U.S.C. 1403(a)) is 
amended to read as follows:
    ``(a) Initiation.--In the case of a covered employee who alleged a 
violation of a law and who requested counseling by the Office under 
section 402(a), not later than 15 days after receipt by the employee of 
notice of the end of the counseling period under such section, the 
employee may, at the option of the employee, file a request for 
mediation with the Office.''.
    (c) Time for Election of Proceeding; Permitting Initial Election To 
Be Made Anonymously.--Section 404 (2 U.S.C. 1404) is amended to read as 
follows:

``SEC. 404. ELECTION OF PROCEEDING.

    ``(a) Election.--Not later than the applicable deadline under 
subsection (b), a covered employee alleging a violation of a law made 
applicable under part A of title II may either--
            ``(1) file a complaint with the Office in accordance with 
        section 405; or
            ``(2) file a civil action in accordance with section 408 in 
        the United States district court for the district in which the 
        employee is employed or for the District of Columbia.
    ``(b) Applicable Deadline.--The applicable deadline under this 
subsection is--
            ``(1) in the case of a covered employee who requests 
        counseling by the Office under section 402 but who does not 
        request mediation under section 403, not later than 90 days 
        after the end of the period of counseling under section 402;
            ``(2) in the case of a covered employee who requests 
        counseling by the Office under section 402 and mediation under 
        section 403, not later than 90 days after the end of the period 
        of mediation under section 403; or
            ``(3) in the case of any other covered employee, not later 
        than 180 days after the date of the alleged violation.''.
    (d) Conforming Amendment.--Section 405(a) (2 U.S.C. 1405(a)) is 
amended by striking ``, upon the completion of mediation under section 
403,''.

SEC. 102. SEPARATION OF INVESTIGATIVE AND ADJUDICATIVE ROLES IN 
              HEARINGS.

    (a) Use of Separate Investigative Authority.--Section 405(e) (2 
U.S.C. 1405(e)) is amended to read as follows:
    ``(e) Investigative Authority.--
            ``(1) Use of separate authority to conduct 
        investigations.--The investigation of any complaint filed under 
        this section shall be carried out by an investigative authority 
        assigned by the Board, who may be an employee of the Office or 
        a contractor designated by the Office for purposes of carrying 
        out investigations under this section, except that the hearing 
        officer appointed to consider the complaint may not serve as 
        the investigative authority with respect to the complaint.
            ``(2) Types of investigations authorized.--
                    ``(A) Initial statement.--The investigative 
                authority assigned to investigate a complaint may 
                require the covered employee who filed the complaint to 
                provide an initial statement which includes the 
                following information:
                            ``(i) A statement of each specific harm 
                        relating to the complaint that the employee has 
                        suffered and the date on which each harm 
                        occurred.
                            ``(ii) For each such harm, a statement 
                        specifying the act, policy or practice which is 
                        alleged to be in violation of part A of title 
                        II.
                            ``(iii) For each act, policy, or practice 
                        alleged to have harmed the covered employee, a 
                        statement of the facts which led the person 
                        claiming to be aggrieved to believe that the 
                        act, policy or practice is in violation of part 
                        A of title II.
                    ``(B) Fact-finding conference with parties to the 
                complaint.--As part of its investigation of a 
                complaint, the investigative authority may require a 
                fact-finding conference with the parties in order to 
                define the issues arising from the complaint, to 
                determine which elements of the complaint are 
                undisputed, to resolve those issues that can be 
                resolved, and to ascertain whether there is a basis for 
                negotiated settlement of the complaint. At the request 
                of the covered employee involved, the investigative 
                authority shall ensure that the parties are separated 
                during this conference.
                    ``(C) Other forms of investigation.--In addition to 
                the types of investigative activity described in 
                subparagraphs (A) and (B), the investigative authority 
                may carry out such other types of investigative 
                activity with respect to a complaint as it considers 
                appropriate, including prehearing discovery and the 
                issuance of subpoenas in accordance with subsection 
                (f).''.
    (b) Conforming Amendments Relating to Subpoena Authority.--Section 
405(f) (2 U.S.C. 1405(f)) is amended--
            (1) in paragraph (1), by striking ``a hearing officer may 
        issue subpoenas'' and inserting ``an investigative authority 
        under subsection (e) may issue subpoenas''; and
            (2) in paragraph (2), by striking ``in connection with a 
        proceeding before a hearing officer'' and inserting ``in 
        connection with a complaint under this section''.

SEC. 103. VICTIMS' COUNSEL.

    (a) Availability of Victims' Counsel.--Title IV (2 U.S.C. 1401 et 
seq.) is amended by inserting after section 407 the following new 
section:

``SEC. 407A. VICTIMS' COUNSEL.

    ``(a) Availability of Counsel.--
            ``(1) In general.--A covered employee who alleges a 
        violation of part A of title II shall be offered the option of 
        receiving assistance from a Victims' Counsel under this section 
        upon--
                    ``(A) the employee's request for counseling by the 
                Office under section 402, in the case of a covered 
                employee who makes such a request; or
                    ``(B) the filing by the employee of a complaint 
                with the Office in accordance with section 405, in the 
                case of a covered employee who does not make a request 
                for counseling by the Office under section 402.
            ``(2) Timing of providing option to receive assistance.--
        Prior to requesting any statement from an individual described 
        in paragraph (1) regarding the allegation made by the 
        individual (including an individual who makes the allegation 
        anonymously in requesting counseling under section 402), or 
        conducting any other form of investigation of the allegation, 
        the Office shall notify the individual of the availability of 
        assistance from a Victims' Counsel under this section.
            ``(3) Continuing availability of assistance.--The Office 
        shall inform an individual described in paragraph (1) that if 
        the individual declines the assistance of a Victims' Counsel, 
        in whole or in part, at the time the assistance is offered 
        under paragraph (1), the individual may subsequently request 
        such assistance and such assistance will be provided to the 
        individual.
    ``(b) Designation.--
            ``(1) In general.--The Board shall designate legal counsel, 
        to be known as `Victims' Counsel', to--
                    ``(A) provide legal assistance in accordance with 
                this section to a covered employee who alleges a 
                violation of part A of title II; and
                    ``(B) provide counseling by the Office under 
                section 402 for a covered employee who alleges a 
                violation of part A of title II and who requests 
                counseling under such section.
            ``(2) Qualifications.--An individual may not be designated 
        as a Victims' Counsel under this section unless the 
        individual--
                    ``(A) is an attorney who is a member of the bar of 
                a Federal court or of the highest court of a State; and
                    ``(B) is certified as competent to be designated as 
                a Victims' Counsel by the Executive Director.
            ``(3) Training requirements.--The Office shall--
                    ``(A) establish the baseline training requirements 
                for a Victims' Counsel; and
                    ``(B) develop a policy to standardize the time 
                period within which a Victims' Counsel receives 
                training.
            ``(4) Authority to provide assistance in any 
        jurisdiction.--Notwithstanding any law regarding the licensure 
        of attorneys, a Victims' Counsel who is authorized to provide 
        assistance under this section is authorized to provide that 
        assistance in any jurisdiction, subject to such regulations as 
        may be prescribed by the Office.
    ``(c) Types of Legal Assistance Authorized.--The types of legal 
assistance that a Victims' Counsel may provide to a covered employee 
who alleges a violation of part A of title II include the following:
            ``(1) Legal consultation regarding potential liability, 
        including criminal liability, arising from or in relation to 
        the circumstances surrounding the alleged violation and the 
        covered employee's rights under this Act.
            ``(2) Legal consultation regarding the responsibilities and 
        support provided to the covered employee under this Act.
            ``(3) Legal consultation regarding the potential for civil 
        litigation against other parties (other than the United States) 
        arising from the alleged violation.
            ``(4) Legal consultation regarding procedures under this 
        Act and procedures applicable to civil actions arising from the 
        alleged violation, including--
                    ``(A) the roles and responsibilities of the Office, 
                the House Employment Counsel, and similar authorities;
                    ``(B) any proceedings conducted under this Act or 
                pursuant to a civil action which the covered employee 
                may observe;
                    ``(C) the authority of a hearing officer to compel 
                cooperation and testimony under proceedings held under 
                section 405; and
                    ``(D) the covered employee's duties relating to 
                such proceedings, including the responsibility to 
                testify.
            ``(5) Representing the covered employee at any proceedings 
        in connection with the complaint, other than a civil action 
        under section 406.
            ``(6) Legal consultation and assistance--
                    ``(A) in personal civil legal matters related to 
                the covered employee's complaint (other than a civil 
                action under section 406);
                    ``(B) in any proceedings of the Office, the 
                Committee on Ethics of the House of Representatives 
                (including the Office of Congressional Ethics), the 
                Select Committee on Ethics of the Senate, or any other 
                administrative or judicial body related to the covered 
                employee's complaint;
                    ``(C) in understanding the availability of, and 
                obtaining any protections offered by, protecting or 
                restraining orders; and
                    ``(D) in understanding the eligibility and 
                requirements for obtaining any employment or other 
                benefits under State and Federal victims' compensation 
                programs.
    ``(d) Nature of Relationship.--The relationship between a Victims' 
Counsel and a covered employee in the provision of legal advice and 
assistance under this section shall be the relationship between an 
attorney and client''.
    (b) Conforming Amendment Relating to Responsibility of Victims' 
Counsel To Carry Out Counseling.--Section 402 (2 U.S.C. 1402) is 
amended by adding at the end the following new subsection:
    ``(d) Role of Victims' Counsel.--If a covered employee who requests 
counseling under this section also requested the assistance of a 
Victims' Counsel under section 407A, the Victims' Counsel assigned to 
provide assistance to the employee shall carry out the counseling for 
the Office under this section.''.
    (c) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 407 the following new 
item:

``Sec. 407A. Victims' Counsel.''.

SEC. 104. PROHIBITING IMPOSITION OF NONDISCLOSURE AGREEMENTS.

    Section 401 (2 U.S.C. 1401) is amended--
            (1) by striking ``Except as otherwise provided'' and 
        inserting ``(a) Procedures Available.--Except as otherwise 
        provided''; and
            (2) by adding at the end the following new subsection:
    ``(b) Prohibiting Imposition of Nondisclosure Agreements as 
Prerequisite for Procedures.--
            ``(1) In general.--A nondisclosure agreement may not be 
        imposed on any party as a condition of the initiation of any of 
        the procedures available under this title for consideration of 
        a violation of part A of title II unless the duration of the 
        agreement is for a finite period of time agreed to by all of 
        the parties involved, including the covered employee and the 
        employing office.
            ``(2) Exceptions.--Nothing in paragraph (1) may be 
        construed to prohibit the parties to any procedure available 
        under this title from entering into--
                    ``(A) a nondisclosure agreement agreed to by all of 
                the parties involved regarding the contents of any 
                mediation conducted under section 403, so long as the 
                agreement does not apply after the conclusion of the 
                mediation; or
                    ``(B) a nondisclosure agreement agreed to by all of 
                the parties involved as part of the settlement of any 
                complaint filed with the Office in accordance with 
                section 405 or any civil action initiated in accordance 
                with section 408.''.

SEC. 105. AVAILABILITY OF REMOTE WORK ASSIGNMENT OR PAID LEAVE OF 
              ABSENCE DURING PENDENCY OF PROCEDURES.

    Section 401 (2 U.S.C. 1401), as amended by section 104, is further 
amended by adding at the end the following new subsection:
    ``(c) Availability of Remote Work Assignment or Paid Leave of 
Absence During Pendency of Procedures.--
            ``(1) Requirements for employing offices.--
                    ``(A) Remote work assignment.--At the request of a 
                covered employee who alleges 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 violation, 
                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 
                of absence to a covered employee during the pendency of 
                the procedures available under this title for the 
                covered employee.
            ``(2) Exclusion from cap on number of employees of office 
        of member or committee of the house of representatives.--If the 
        office of a Member or committee of the House of Representatives 
        grants a covered employee of such office a paid leave of 
        absence under paragraph (1), during the period in which the 
        employee is on the paid leave of absence, the employee shall 
        not be counted among the number of employees of the office--
                    ``(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 which 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 which is in effect with 
        respect to an employing office.''.

SEC. 106. ELECTRONIC REPORTING SYSTEM.

    Section 401 (2 U.S.C. 1401), as amended by section 104 and section 
105, is further amended by adding at the end the following new 
subsection:
    ``(d) Use of Electronic Reporting System.--The Office shall 
establish and operate an electronic 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.''.

SEC. 107. REQUIRING PARTIES TO BE SEPARATED DURING MEDIATION AT REQUEST 
              OF EMPLOYEE.

    Section 403(b)(2) (2 U.S.C. 1403(b)(2)) is amended by striking 
``meetings with the parties separately or jointly'' and inserting 
``meetings with the parties during which, at the request of the covered 
employee, the parties shall be separated,''.

SEC. 108. DEADLINE FOR COMPLETION OF HEARINGS.

    (a) In General.--Section 405(g) (2 U.S.C. 1405(g)) is amended by 
striking ``90 days after the conclusion of the hearing'' and inserting 
``the earlier of 90 days after the conclusion of the hearing or 180 
days after the filing of the complaint under subsection (a)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to complaints filed under section 405 of the 
Congressional Accountability Act (2 U.S.C. 1405) on or after the date 
of the enactment of this Act.

SEC. 109. CLARIFICATION OF AUTHORITY OF PARTIES TO REACH AGREEMENTS 
              WITHOUT APPROVAL OF CONGRESSIONAL COMMITTEES.

    (a) In General.--Section 414 (2 U.S.C. 1414) is amended--
            (1) by striking ``Any settlement'' and inserting ``(a) 
        Criteria for Settlement.--Any settlement''; and
            (2) by adding at the end the following new subsection:
    ``(b) Authority of Parties To Reach Agreements Without Specific 
Approval of Committees.--Any counsel representing an employing office 
in any proceeding referred to in subsection (a) has the authority to 
negotiate the terms and conditions of any settlement of any such 
proceeding, including making the final determination of any amount paid 
to any party, without the approval of any committee of Congress.''.
    (b) Conforming Amendment Relating to Authority of Committees To 
Determine Range of Appropriate Settlement Amounts.--Section 414(a) (2 
U.S.C. 1414(a)), as amended by subsection (a), is amended by striking 
the period at the end and inserting the following: ``, including rules 
setting forth a range of appropriate settlement amounts for various 
types of violations of this Act or any amendment made by this Act.''.

SEC. 110. MODIFICATION OF RULES ON CONFIDENTIALITY OF PROCEEDINGS.

    (a) Counseling.--Section 416(a) (2 U.S.C. 1416(a)) is amended by 
striking ``All counseling'' and inserting ``At the request of the 
covered employee who requests counseling, all counseling''.
    (b) Mediation.--Section 416(b) (2 U.S.C. 1416(b)) is amended by 
striking ``All mediation'' and inserting ``All information discussed or 
disclosed in the course of any mediation''.

             TITLE II--IMPROVING TRAINING AND TRANSPARENCY

SEC. 201. REQUIREMENTS FOR PROGRAMS OF SEXUAL HARASSMENT PREVENTION AND 
              RESPONSE TRAINING IN EMPLOYMENT.

    (a) Requirements for Programs.--Section 301 (2 U.S.C. 1381) is 
amended by adding at the end the following new subsection:
    ``(l) Special Requirements for Programs of Sexual Harassment 
Prevention and Response Training in Employment.--
            ``(1) Elements of program.--The Office shall include among 
        the programs carried out under subsection (h) a program of 
        sexual harassment prevention and response training in 
        employment which provides at least one hour of training and 
        which includes the following elements:
                    ``(A) Practical examples, derived from situations 
                easily recognizable to employees of the employing 
                offices involved, which are aimed at instructing 
                supervisors in the prevention of harassment, 
                discrimination, and retaliation, and at instructing 
                employees in how to recognize situations of harassment.
                    ``(B) Information regarding the rights of 
                employees, the options for reporting complaints, and an 
                overview of the dispute resolution process.
                    ``(C) Training regarding bystander intervention.
                    ``(D) An overview of the consequences for 
                perpetrating sexual harassment.
                    ``(E) Information regarding anti-retaliation 
                policies for witnesses to or individuals who experience 
                sexual harassment and come forward to report it.
                    ``(F) Interactive methods of instruction which 
                apply adult learning methodology.
            ``(2) Additional information for heads of offices and 
        senior staff.--
                    ``(A) Information described.--In addition to the 
                program described in paragraph (1), the Office shall 
                provide specific instruction to the heads of employing 
                offices (including Members of Congress) and to the 
                senior staff of employing offices on the following 
                issues relating to sexual harassment:
                            ``(i) The steps such an individual should 
                        take upon becoming aware of an incident of 
                        sexual harassment involving an employee of the 
                        employing office.
                            ``(ii) The role of the Office in 
                        investigating and responding to incidents of 
                        sexual harassment.
                            ``(iii) The assistance such an individual 
                        may provide to an employee of the employing 
                        office who wishes to report an alleged incident 
                        of sexual harassment to the Office for action 
                        under title IV, including informing the 
                        employee of the employee's rights and 
                        protections under such title, the employee's 
                        options for reporting the incident, and an 
                        overview of the procedures applicable under 
                        such title.
                            ``(iv) The potential liability (including 
                        financial liability) which may arise from such 
                        an incident of sexual harassment, including 
                        from a determination that the failure of the 
                        employing office to respond appropriately to 
                        such an incident is evidence of a hostile work 
                        environment in the employing office.
                    ``(B) Senior staff defined.--In this paragraph, the 
                term `senior staff' means any individual who is 
                required to file a report under title I of the Ethics 
                in Government Act of 1978 (5 U.S.C. App. 101 et seq.).
            ``(3) Consultation.--In carrying out the program described 
        in paragraph (1), the Office shall consult with Workplaces 
        Respond to Domestic and Sexual Violence: A National Resource 
        Center (also known as `Workplaces Respond'), the nonprofit 
        nongovernmental entity described in section 41501 of the 
        Violence Against Women Act of 1994 (34 U.S.C. 12501).
            ``(4) Definition.--For purposes of this subsection, `sexual 
        harassment' means any conduct directed at an individual which 
        consists of unwelcome sexual advances, requests for sexual 
        favors, any other conduct of a sexual nature, or conduct based 
        on the individual's sex if such conduct has the purpose or 
        effect of interfering with the individual's work performance or 
        creating an intimidating, hostile, or offensive working 
        environment, or if submission to or rejection of such conduct 
        by the individual is used as the basis for employment decisions 
        affecting the individual, or if submission by the individual to 
        such conduct is made either explicitly or implicitly a term or 
        condition of the individual's employment.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the date of the enactment of this Act.

SEC. 202. PERSONAL LIABILITY OF MEMBERS OF CONGRESS FOR PAYMENT OF 
              SETTLEMENTS AND AWARDS.

    Section 415 (2 U.S.C. 1415) is amended by adding at the end the 
following new subsection:
    ``(d) Personal Liability of Members of Congress for Payment of 
Settlements and Awards.--If a payment is made from the account 
described in subsection (a) for an award or settlement resulting from a 
violation of part A of title II which was committed personally by a 
Member of Congress, the Member who committed the violation shall 
reimburse the account for the amount of the award or settlement.''.

SEC. 203. REPORTS ON COMPLAINTS AND PAYMENTS.

    (a) Requiring Submission and Publication of Report.--Section 301(h) 
(2 U.S.C. 1381(h)) is 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 60 days 
        after the end of each calendar year, submit to Congress and 
        publish on the Office's public website a report identifying 
        each employing office with respect to which an award or 
        settlement was paid during the previous year as the result of 
        an allegation made of a violation of part A of title II, the 
        number of such allegations made against the employing office, 
        and the amount of the award or settlement, except that such 
        report may not disclose the identity of an individual who made 
        such an allegation at any time.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to 2017 and each succeeding year.

SEC. 204. EMPLOYMENT DISCRIMINATION CLIMATE SURVEYS OF MEMBERS AND 
              EMPLOYEES OF CONGRESS.

    (a) Requiring Surveys.--Title III (2 U.S.C. 1381 et seq.) is 
amended by adding at the end the following new section:

``SEC. 307. EMPLOYMENT DISCRIMINATION CLIMATE SURVEYS OF MEMBERS AND 
              EMPLOYEES OF CONGRESS.

    ``(a) Requirement To Conduct Surveys.--Not later than 180 days 
after the date of the enactment of the ME TOO Congress Act, and every 2 
years thereafter, the Office shall conduct a survey of Members of 
Congress and congressional staff regarding employment discrimination in 
congressional employment, including a survey of the following:
            ``(1) The prevalence of violations of part A of title II by 
        offices of the House of Representatives and the Senate.
            ``(2) The extent to which such violations arise from 
        discrimination on the basis of sex, race, national origin, 
        sexual orientation, gender identity, disability, and other 
        demographic characteristics.
            ``(3) The existence of a hostile work environment in 
        offices of Congress.
            ``(4) Whether congressional staff are able to effectively 
        exercise the rights and protections provided under this Act, 
        including the effectiveness of the procedures applicable under 
        this Act for investigating and punishing violations of part A 
        of title II.
    ``(b) Special Requirements for Surveys of Sexual Harassment.--
            ``(1) In general.--In each survey conducted under this 
        section, the Office shall survey respondents regarding the 
        prevalence of and attitudes regarding sexual harassment in 
        congressional employment, including collecting information 
        regarding specific incidents of harassment and the context in 
        which such incidents occurred.
            ``(2) Compilation of information by various categories.--
        The Office shall compile information from the survey on the 
        basis of various categories of demographic characteristics, 
        including race, sexual orientation, and age, so that the survey 
        will report on the rates of incidents of sexual harassment 
        affecting each such category.
            ``(3) Consultation; technical assistance.--The Office shall 
        develop the survey regarding sexual harassment in consultation 
        with offices of the executive branch which currently conduct 
        similar surveys of their employees, including the Sexual 
        Assault Prevention and Response Office of the Department of 
        Defense, the Office of Violence Against Women of the Department 
        of Justice, the Merit Systems Protection Board. Additionally, 
        in developing the survey, the Office shall enter into agreement 
        to receive technical assistance from Workplaces Respond to 
        Domestic and Sexual Violence: A National Resource Center (also 
        known as `Workplaces Respond'), the nonprofit nongovernmental 
        entity described in section 41501 of the Violence Against Women 
        Act of 1994 (34 U.S.C. 12501).
    ``(c) Methodology.--The Office shall conduct each survey under this 
section in accordance with the following:
            ``(1) All responses to all portions of the survey shall be 
        anonymous and confidential, and each respondent shall be told 
        throughout the survey that all responses shall be anonymous and 
        confidential.
            ``(2) The Office shall design the survey so that it will 
        take no more than 15 minutes to complete, and so that it may be 
        taken online through the use of both stationary communication 
        devices (such as desktop computers) and portable communication 
        devices (such as cell phones and tablets).
            ``(3) The Office shall include in the survey a list of 
        resources available to respondents who wish to get more 
        information about employment discrimination in congressional 
        employment, including the services the Office provides to 
        individuals who allege violations of part A of title II.
            ``(4) Subject to regulations promulgated by the Committee 
        on House Administration of the House of Representatives (in the 
        case of a survey taken by a Member or employee of the House) or 
        the Committee on Rules and Administration of the Senate (in the 
        case of a survey taken by a Senator or employee of the Senate), 
        the Office may offer a de minimis payment to an individual as 
        an incentive to complete the survey.''.
    (b) Clerical Amendment.--The table of contents is amended by adding 
at the end of the items relating to title III the following new item:

``Sec. 307. Employment discrimination climate surveys of Members and 
                            employees of Congress.''.

                    TITLE III--MISCELLANEOUS REFORMS

SEC. 301. EXTENSION TO UNPAID STAFF OF RIGHTS AND PROTECTIONS AGAINST 
              EMPLOYMENT DISCRIMINATION.

    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) Intern defined.--The term `intern' means an 
        individual who performs uncompensated voluntary service for an 
        employing office to earn credit awarded by an educational 
        institution or to learn a trade or occupation, and includes any 
        individual participating in a page program operated by any 
        House of Congress.''.

SEC. 302. APPLICATION OF WHISTLEBLOWER PROTECTION RULES.

    (a) In General.--Part A of title II (2 U.S.C. 1311 et seq.) is 
amended--
            (1) in the heading, by striking ``fair labor standards,'' 
        and all that follows and inserting ``and other protections and 
        benefits'';
            (2) by redesignating section 207 as section 208; and
            (3) by inserting after section 206 the following new 
        section:

``SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLEBLOWER PROTECTION 
              RULES.

    ``(a) Rights and Protections Described.--
            ``(1) In general.--No employing office may take or fail to 
        take, or threaten to take or fail to take, a personnel action 
        (within the meaning of chapter 23 of title 5, United States 
        Code) with respect to any covered employee or applicant for 
        employment because of--
                    ``(A) any disclosure of information by a covered 
                employee or applicant which the employee or applicant 
                reasonably believes evidences--
                            ``(i) a violation of any law, rule, or 
                        regulation, or
                            ``(ii) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety,
                if such disclosure is not specifically prohibited by 
                law and if such information is not specifically 
                required by Executive order or the rules of the House 
                of Representatives or Senate to be kept secret in the 
                interest of national defense or the conduct of foreign 
                affairs; or
                    ``(B) any disclosure to the General Counsel, or to 
                the Inspector General of an executive agency or office 
                of the legislative branch or another employee 
                designated by the head of the agency or office to 
                receive such disclosures, of information which the 
                employee or applicant reasonably believes evidences--
                            ``(i) a violation of any law, rule, or 
                        regulation, or
                            ``(ii) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety.
            ``(2) Definitions.--For purposes of this section and for 
        purposes of applying the procedures established under title IV 
        for the consideration of alleged violations of this section--
                    ``(A) the term `covered employee' includes an 
                employee of the Government Accountability Office or the 
                Library of Congress; and
                    ``(B) the term `employing office' includes the 
                Government Accountability Office and the Library of 
                Congress.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such remedy as would be appropriate if awarded under chapter 12 of 
title 5, United States Code, with respect to a prohibited personnel 
practice described in section 2302(b)(8) of such title.
    ``(c) Regulations To Implement Section.--
            ``(1) In general.--The Board shall, pursuant to section 
        304, issue regulations to implement this section.
            ``(2) Agency regulations.--The regulations issued under 
        paragraph (1) shall be the same as the substantive regulations 
        promulgated by the Merit Systems Protection Board to implement 
        chapters 12 and 23 of title 5, United States Code, except to 
        the extent that the Board of Directors may determine, for good 
        cause shown and stated together with the regulation, that a 
        modification of such regulations would be more effective for 
        the implementation of the rights and protections under this 
        section.''.
    (b) Conforming Amendment.--Section 102(a) (2 U.S.C. 1302(a)) is 
amended by adding at the end the following new paragraph:
            ``(12) Section 2302(b)(8) of title 5, United States 
        Code.''.
    (c) Clerical Amendment.--The table of contents for part A of title 
II is amended--
            (1) in the item relating to part A, by striking ``FAIR 
        LABOR STANDARDS,'' and all that follows and inserting ``AND 
        OTHER PROTECTIONS AND BENEFITS'';
            (2) by redesignating the item relating to section 207 as 
        relating to section 208; and
            (3) by inserting after the item relating to section 206 the 
        following:

``Sec. 207. Rights and protections under whistleblower protection 
                            rules.''.

SEC. 303. 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--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

    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.
                                 <all>