Text: S.3749 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-397 (12/21/2018)

 
[115th Congress Public Law 397]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5297]]

Public Law 115-397
115th Congress

                                 An Act


 
  To amend the Congressional Accountability Act of 1995 to reform the 
   procedures provided under such Act for the initiation, review, 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. <<NOTE: Dec. 21, 2018 -  [S. 
                                3749]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Congressional 
Accountability Act of 1995 Reform Act. 2 USC 1301 note.>> 
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 or repeal 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, Preliminary Review, 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. Preliminary review of claims by hearing officer.
Sec. 104. Availability of mediation during process.

                        Subtitle B--Other Reforms

Sec. 111. Requiring Members of Congress to reimburse Treasury for 
           amounts paid as settlements and awards in cases of acts by 
           Members.
Sec. 112. Automatic referral to Congressional Ethics Committees of 
           disposition of certain claims alleging violations of 
           Congressional Accountability Act of 1995 involving Members of 
           Congress and senior staff.
Sec. 113. Availability of remote work assignment or paid leave of 
           absence during pendency of procedures.
Sec. 114. Modification of rules on confidentiality of proceedings.
Sec. 115. Reimbursement by other employing offices of legislative branch 
           of payments of certain awards and settlements.

  TITLE II--IMPROVING OPERATIONS OF OFFICE OF CONGRESSIONAL WORKPLACE 
                                 RIGHTS

Sec. 201. Reports on awards and settlements.
Sec. 202. Workplace climate surveys of employing offices.
Sec. 203. Record retention.
Sec. 204. Confidential advisors.
Sec. 205. GAO study of management practices.

[[Page 132 STAT. 5298]]

Sec. 206. GAO audit of cybersecurity.

                    TITLE III--MISCELLANEOUS REFORMS

Sec. 301. Application of Genetic Information Nondiscrimination Act of 
           2008.
Sec. 302. Extension to unpaid staff of rights and protections against 
           employment discrimination.
Sec. 303. Clarification of treatment of Library of Congress visitors.
Sec. 304. Notices.
Sec. 305. Clarification of coverage of employees of Helsinki and China 
           Commissions.
Sec. 306. Training and education programs of other employing offices.
Sec. 307. Support for out-of-area covered employees.
Sec. 308. Renaming Office of Compliance as Office of Congressional 
           Workplace Rights.

                        TITLE IV--EFFECTIVE DATE

Sec. 401. Effective date.

            TITLE I--REFORM OF DISPUTE RESOLUTION PROCEDURES

Subtitle A--Reform of Procedures for Initiation, Preliminary Review, 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 Review 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) the preliminary review of the claim, to be conducted 
        by a hearing officer as provided in section 403;
            ``(3) mediation as provided in section 404, if requested and 
        agreed to by the parties under that section; and
            ``(4) <<NOTE: Hearing.>>  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.

    ``(b) Right of Employee to File Civil Action.--
            ``(1) Civil action.--Only a covered employee who has filed a 
        claim timely as provided in section 402 and who has not 
        submitted a request for a hearing on the claim pursuant to 
        section 405(a) may, during the period described in paragraph 
        (3), file a civil action in a District Court of the United 
        States with respect to the violation alleged in the claim, as 
        provided in section 408.
            ``(2) Effect of filing civil action.--Notwithstanding 
        paragraph (2), (3), or (4) of subsection (a), if the covered 
        employee files such a civil action--

[[Page 132 STAT. 5299]]

                    ``(A) the preliminary review of the claim by the 
                hearing officer as provided in section 403 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 review of the 
                claim by the hearing officer as provided in section 403.
            ``(3) Period for filing civil action.--The period described 
        in this paragraph with respect to a claim is the 70-day period 
        which begins on the date the covered employee files the claim 
        under section 402.
            ``(4) Special rule for employees who 
        fail <<NOTE: Deadline.>>  to state a claim for which relief may 
        be granted.--Notwithstanding paragraph (3), if a covered 
        employee receives a written notice from the hearing officer 
        under section 403(d)(2) 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. Any deadline in this Act relating to a claim for which the 
employee is using the grievance procedures, that has not already passed 
by the first day of that specific period, shall be stayed during that 
specific period.
    ``(d) Election of Remedies for Library of Congress.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Direct act.--The term `direct Act' means an 
                Act (other than this Act), or provision of the Revised 
                Statutes, that is specified in section 201, 202, or 203.
                    ``(B) Direct provision.--The term `direct provision' 
                means a provision (including a definitional provision) 
                of a direct Act that applies the rights or protections 
                of a direct Act (including rights and protections 
                relating to nonretaliation or noncoercion) to a Library 
                claimant.
                    ``(C) Library claimant.--The term `Library claimant' 
                means, with respect to a direct provision, an employee 
                of the Library of Congress who is covered by that direct 
                provision.
            ``(2) Election after proceedings initially <<NOTE: Time 
        period.>>  brought under this act.--A Library claimant who 
        initially files a claim for an alleged violation as provided in 
        section 402 may, at any time before the date that is 10 days 
        after a hearing officer submits the report on the preliminary 
        review of the claim under section 403(c), elect to bring the 
        claim for a proceeding before the corresponding Federal agency 
        under the corresponding direct provision, instead of continuing 
        with the procedures applicable to the claim under this title or 
        filing a civil action in accordance with section 408.
            ``(3) Election after proceedings initially brought under 
        other civil rights or labor law.--A Library claimant who 
        initially brings a claim, complaint, or charge under a direct 
        provision for a proceeding before a Federal agency may,

[[Page 132 STAT. 5300]]

        prior to requesting a hearing under the agency's procedures, 
        elect to--
                    ``(A) continue with the agency's procedures and 
                preserve the option (if any) to bring any civil action 
                relating to the claim, complaint, or charge, that is 
                available to the Library claimant; or
                    ``(B) file a claim with the Office under section 402 
                and continue with the corresponding procedures of this 
                title available and applicable to a covered employee.
            ``(4) Timing.--A Library claimant who meets the initial 
        deadline under section 402(d) for filing a claim under this 
        title, or any initial deadline for bringing a claim, complaint, 
        or charge under the applicable direct provision, and then elects 
        to change to alternative procedures as described in paragraph 
        (2) or (3)(B), shall be considered to meet any initial deadline 
        for the alternative procedures.
            ``(5) Application.--This subsection shall take effect and 
        shall apply as described in section 153(c) of the Legislative 
        Branch Appropriations Act, 2018 (Public Law 115-141) (except to 
        the extent such section applies to any violation of section 210 
        or a provision of an Act specified in section 210).

    ``(e) Rights of Parties to Retain Private Counsel.--Nothing in this 
Act 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 committed personally 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)(8) 
with respect to individuals subject to a reimbursement requirement of 
section 415(d).
    ``(f) Standards for Assertions Made by Parties.--Any party in any of 
the procedures provided under this title, as well as any counsel or 
other person representing a party in any of such procedures, shall have 
an obligation to ensure that, to the best of the party'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 
        party 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 review 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.

    ``(g) Procedure.--Nothing in this Act shall be construed to 
supersede or limit section 225(d)(2).''.
    (b) Conforming Amendment Relating to Civil Action.--Section 408(a) 
(2 U.S.C. 1408(a)) is amended--
            (1) by striking ``section 404'' and inserting ``section 
        401'';

[[Page 132 STAT. 5301]]

            (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 to Title IV.--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) Miscellaneous Conforming Amendment.--Section 225 (2 U.S.C. 1361) 
is amended--
            (1) by striking subsection (e); and
            (2) by redesignating subsection (f) as subsection (e).

    (e) 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) Claim.--
            ``(1) Filing of claim.--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 Office shall not accept a claim which is filed after 
        the deadline applicable under subsection (d).
            ``(2) Contents of claim.--The claim filed under this section 
        shall be made in writing under oath or affirmation, shall 
        describe the facts that form the basis of the claim and the 
        violation that is being alleged, shall identify the employing 
        office alleged to have committed the violation or in which the 
        violation is alleged to have occurred, and shall be in such form 
        as the Office requires.
            ``(3) No effect on ability of covered employee to seek 
        information from office or pursue relief.--Nothing in paragraph 
        (2), or subsection (b) or (c), may be construed to limit the 
        ability of a covered employee--
                    ``(A) 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 Act;
                    ``(B) 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
                    ``(C) to file a civil action in accordance with 
                section 401(b).

    ``(b) Initial Processing of Claim.--
            ``(1) Intake and recording; notification to employing 
        office.--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 each party with all relevant information

[[Page 132 STAT. 5302]]

        with respect to the rights of the party under this Act, and 
        shall transmit immediately a copy of the claim to the head of 
        the employing office and the designated representative of that 
        office.
            ``(2) Special notification requirements for claims based on 
        acts by members of congress.--
                    ``(A) <<NOTE: Reimbursements.>>  In general.--In the 
                case of a claim alleging a violation described in 
                subparagraph (B) which consists of a violation described 
                in section 415(d)(1)(A) by an individual, upon the 
                filing of the claim under subsection (a), the Office 
                shall notify immediately such individual of the claim, 
                the possibility that the individual may be required to 
                reimburse the account described in section 415(a) for 
                the reimbursable portion of any award or settlement in 
                connection with the claim, and the right of the 
                individual under section 415(d)(8) to intervene in any 
                mediation, hearing, or civil action under this title 
                with respect to the claim.
                    ``(B) Violations described.--A violation described 
                in this subparagraph is--
                          ``(i) harassment that is unlawful under 
                      section 201(a) or 206(a); or
                          ``(ii) intimidation, reprisal, or 
                      discrimination that is unlawful under section 207 
                      and is taken against a covered employee because of 
                      a claim alleging a violation described in clause 
                      (i).

    ``(c) Use of Secure Electronic Reporting and Tracking System.--
            ``(1) Establishment and operation of secure system.--The 
        Office shall establish and operate a secure 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.
            ``(3) <<NOTE: Reports.>>  Assessment of effectiveness of 
        procedures.--The Office shall use the information contained in 
        the system to make regular assessments of the effectiveness of 
        the procedures under this title in providing for the timely 
        resolution of claims, and shall submit semi-annual reports on 
        such assessments each year to the Committee on House 
        Administration of the House of Representatives and the Committee 
        on Rules and Administration of the Senate.

    ``(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.''.
    (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.''.

[[Page 132 STAT. 5303]]

SEC. 103. PRELIMINARY REVIEW OF CLAIMS BY HEARING OFFICER.

    (a) Preliminary Review Described.--Title IV (2 U.S.C. 1401 et seq.), 
as amended by section 101(c), is further amended by inserting after 
section 402 the following new section:
``SEC. 403. <<NOTE: 2 USC 1402a.>>  PRELIMINARY REVIEW OF CLAIMS.

    ``(a) Preliminary Review by Hearing Officer.--
            ``(1) <<NOTE: Deadline.>>  Appointment.--Not later than 7 
        days after transmission to the employing office of a claim 
        pursuant to section 402(b), the Executive Director shall appoint 
        a hearing officer to conduct a preliminary review of the claim.
            ``(2) Process for appointment.--The Executive Director shall 
        appoint a hearing officer under this subsection in the same 
        manner and in accordance with the same requirements and 
        procedures applicable to the appointment of a hearing officer 
        under section 405(c).

    ``(b) Assessments Required.--In conducting a preliminary review of a 
claim under this section, the hearing officer shall assess each of the 
following:
            ``(1) Whether the claimant is a covered employee authorized 
        to obtain relief relating to the claim under this title.
            ``(2) Whether the office which is the subject of the claim 
        is an employing office under this Act.
            ``(3) Whether the individual filing the claim has met the 
        applicable deadlines for filing the claim under this title.
            ``(4) The identification of factual and legal issues 
        involved with respect to the claim.
            ``(5) The specific relief sought by the individual.
            ``(6) Whether, on the basis of the assessments made under 
        paragraphs (1) through (5), the individual filing the claim is a 
        covered employee who has stated a claim for which, if the 
        allegations contained in the claim are true, relief may be 
        granted under this title.
            ``(7) The potential for the settlement of the claim without 
        a formal hearing as provided under section 405 or a civil action 
        as provided under section 408.

    ``(c) Report on Review.--
            ``(1) Report.--Not later than 30 days after a claim is filed 
        under section 402, the hearing officer shall submit to the 
        individual filing the claim and the office which is the subject 
        of the claim a report on the preliminary review conducted under 
        this section, and shall include in the report the hearing 
        officer's determination as to whether the individual is a 
        covered employee who has stated a claim for which relief may be 
        granted under this title (as described in paragraph (6) of 
        subsection (b)). The submission of the report shall conclude the 
        preliminary review.
            ``(2) <<NOTE: Notice.>>  Extension of deadline.--The hearing 
        officer may (upon notice to the individual filing the claim and 
        the employing office which is the subject of the claim) use an 
        additional period of not to exceed 30 days to conclude the 
        preliminary review.

    ``(d) Effect of Determination of Failure to State Claim for Which 
Relief May Be Granted.--If the hearing officer's report on the 
preliminary review of a claim under subsection (c) includes the 
determination that the individual filing the claim

[[Page 132 STAT. 5304]]

is not a covered employee or has not stated a claim for which relief may 
be granted under this title--
            ``(1) the individual (including an individual who is a 
        Library claimant, as defined in section 401(d)(1)) may not 
        obtain a formal hearing with respect to the claim as provided 
        under section 405; and
            ``(2) <<NOTE: Notice.>>  the hearing officer shall provide 
        the individual and the Executive Director with a written notice 
        that the individual may file a civil action with respect to the 
        claim in accordance with section 408.

    ``(e) Transmission of Report on Preliminary Review of Certain Claims 
to Congressional Ethics Committees.--In the case of a hearing officer's 
report under subsection (c) on the preliminary review of a claim 
alleging a violation described in section 415(d)(1)(A), the hearing 
officer shall transmit the report to--
            ``(1) the Committee on Ethics of the House of 
        Representatives, in the case of such an act by a Member of the 
        House of Representatives (including a Delegate or Resident 
        Commissioner to the Congress); or
            ``(2) the Select Committee on Ethics of the Senate, in the 
        case of such an act by a Senator.''.

    (b) Deadline for Requesting Hearing After Preliminary Review.--
Section 405(a) (2 U.S.C. 1405(a)) is amended to read as follows:
    ``(a) Requirement for Hearings to Commence in Office.--
            ``(1) Hearing required upon request.--If, not later than 10 
        days after a hearing officer submits the report on the 
        preliminary review of a claim under section 403(c), a covered 
        employee submits a request to the Executive Director for a 
        hearing under this section, the Executive Director shall appoint 
        an independent hearing officer pursuant to subsection (c) to 
        consider the claim and render a decision, and a hearing shall be 
        commenced in the Office.
            ``(2) Exceptions.--Paragraph (1) does not apply with respect 
        to the claim if--
                    ``(A) the hearing officer's report on the 
                preliminary review of the claim under section 403(c) 
                includes the determination that the individual filing 
                the claim is not a covered employee who has stated a 
                claim for which relief may be granted under this title 
                (as described in section 403(d)); or
                    ``(B) the covered employee files a civil action as 
                provided in section 408 with respect to the claim.''.

    (c) Prohibiting Hearing Officer Conducting Preliminary Review From 
Conducting Hearing.--Section 405(c) (2 U.S.C. 1405(c)) is amended by 
adding at the end the following new paragraph:
            ``(3) Prohibiting hearing officer conducting preliminary 
        review from conducting hearing.--The Executive Director may not 
        appoint a hearing officer to conduct a hearing under this 
        section with respect to a claim if the hearing officer conducted 
        the preliminary review with respect to the claim under section 
        403.''.

    (d) Deadline for Commencement of Hearing; Permitting Additional 
Time.--Section 405(d) (2 U.S.C. 1405(d)) is amended by striking 
paragraph (2) and inserting the following:

[[Page 132 STAT. 5305]]

            ``(2) commenced no later than 90 days after the Executive 
        Director receives the covered employee's request for the hearing 
        under subsection (a), except that, upon mutual agreement of the 
        parties or for good cause, the Office shall extend the time for 
        commencing a hearing for not more than an additional 30 days; 
        and''.

    (e) Other Conforming Amendments Relating to Hearings Conducted by 
Office of Congressional Workplace Rights.--Section 405 (2 U.S.C. 1405) 
is amended as follows:
            (1) In the heading, by striking ``complaint and''.
            (2) In subsection (c)(1), by striking ``complaint'' and 
        inserting ``request for a hearing under subsection (a)''.
            (3) In subsection (d) in the matter preceding paragraph (1), 
        by striking ``complaint'' and inserting ``claim''.
            (4) In subsection (g), by striking ``complaint'' and 
        inserting ``claim''.

    (f) Other Conforming Amendment.--The heading of section 414 (2 
U.S.C. 1414) is amended by striking ``of complaints''.
    (g) Clerical Amendments.--The table of contents, as amended by 
section 101(e), is further amended as follows:
            (1) By inserting after the item relating to section 402 the 
        following new item:

``Sec. 403. Preliminary review 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 PROCESS.

    (a) Availability of Mediation.--Section 404(a) (2 U.S.C. 1403(a)), 
as redesignated by section 101(c), is amended to read as follows:
    ``(a) Availability of Mediation.--
            ``(1) Notification regarding mediation.--
                    ``(A) Covered employee.--Upon receipt of a claim 
                under section 402, the Office shall notify the covered 
                employee who filed the claim about the process for 
                mediation under this section and the deadlines 
                applicable to such mediation.
                    ``(B) Employing office.--Upon transmission to the 
                employing office of the claim pursuant to section 
                402(b), the Office shall notify the employing office 
                about the process for mediation under this section and 
                the deadlines applicable to such mediation.
            ``(2) Initiation.--
                    ``(A) In general.--During the period described in 
                subparagraph (B), either the covered employee who filed 
                a claim under section 402 or the employing office named 
                in the claim may file a request for mediation with the 
                Office, which shall promptly notify the other party. If 
                the other party agrees to the request, the Office shall 
                promptly assign a mediator to the claim, and conduct 
                mediation under this section.

[[Page 132 STAT. 5306]]

                    ``(B) Timing.--A covered employee or an employing 
                office may file a request for mediation under 
                subparagraph (A) during the period beginning on the date 
                that the covered employee or employing office, 
                respectively, receives a notification under paragraph 
                (1) regarding a claim under section 402 and ending on 
                the date on which a hearing officer issues a written 
                decision relating to the claim under section 405(g) or 
                the covered employee files a civil action with respect 
                to the claim in accordance with section 408, as 
                applicable.
            ``(3) Failure to request or accept mediation to have no 
        effect on treatment of claim.--The failure of a party to request 
        mediation under this section with respect to a claim, or the 
        failure of a party to agree to a request for mediation under 
        this section, may not be taken into consideration under any 
        procedure under this title with respect to the claim, including 
        a preliminary review under section 403, a formal hearing under 
        section 405, or a civil action under section 408.''.

    (b) Requiring Parties to Be Separated During Mediation at Request of 
Employee.--Section 404(b)(2) (2 U.S.C. 1403(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 any of the parties, the parties shall be 
separated,''.
    (c) Period of Mediation.--Section 404(c) (2 U.S.C. 1403(c)), as 
redesignated by section 101(c), is amended by striking the first 2 
sentences and inserting the following: ``The mediation period shall be 
30 days, beginning on the first day after the second party agrees to the 
request for the mediation. The mediation period may be extended for one 
additional period of 30 days at the joint request of the covered 
employee and employing office. Any deadline in this Act relating to a 
claim for which mediation has been agreed to in this section, that has 
not already passed by the first day of the mediation period, shall be 
stayed during the mediation period.''.

                        Subtitle B--Other Reforms

SEC. 111. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR 
                        AMOUNTS PAID AS SETTLEMENTS AND AWARDS IN 
                        CASES OF ACTS 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.--Subject to subparagraphs (B) and 
                (D), 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 (C) committed personally by an individual 
                who, at the time of committing the violation, was a 
                Member of the House of Representatives (including a 
                Delegate or Resident Commissioner to the Congress) or a 
                Senator, the individual

[[Page 132 STAT. 5307]]

                shall reimburse the account for the amount of the award 
                or settlement for the claim involved.
                    ``(B) <<NOTE: Applicability.>>  Conditions.--In the 
                case of an award made pursuant to a decision of a 
                hearing officer under section 405, or a court in a civil 
                action, subparagraph (A) shall apply only if the hearing 
                officer or court makes a separate finding that a 
                violation described in subparagraph (C) occurred which 
                was committed personally by an individual who, at the 
                time of committing the violation, was a Member of the 
                House of Representatives (including a Delegate or 
                Resident Commissioner to the Congress) or a Senator, and 
                such individual shall reimburse the account for the 
                amount of compensatory damages included in the award as 
                would be available if awarded under section 1977A(b)(3) 
                of the Revised Statutes (42 U.S.C. 1981a(b)(3)) 
                irrespective of the size of the employing office. In the 
                case of a settlement for a claim described in section 
                416(d)(3), subparagraph (A) shall apply only if the 
                conditions specified in section 416(d)(3) for requesting 
                reimbursement are met.
                    ``(C) Violations described.--A violation described 
                in this subparagraph is--
                          ``(i) harassment that is unlawful under 
                      section 201(a) or 206(a); or
                          ``(ii) intimidation, reprisal, or 
                      discrimination that is unlawful under section 207 
                      and is taken against a covered employee because of 
                      a claim alleging a violation described in clause 
                      (i).
                    ``(D) Multiple claims.--If an award or settlement is 
                made for multiple claims, some of which do not require 
                reimbursement under this subsection, the individual 
                described in subparagraph (A) shall only be required to 
                reimburse for the amount (referred to in this Act as the 
                `reimbursable portion') that is--
                          ``(i) described in subparagraph (A), subject 
                      to subparagraph (B); and
                          ``(ii) included in the portion of the award or 
                      settlement attributable to a claim requiring 
                      reimbursement.
            ``(2) Withholding amounts from compensation.--
                    ``(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 making 
                any deposit required under section 8432(f) of title 5, 
                United States Code) such amounts as may be necessary to 
                reimburse the account described in subsection (a) for 
                the reimbursable portion of the 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.

[[Page 132 STAT. 5308]]

                    ``(C) Applicable committee defined.--In this 
                paragraph, the term `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) <<NOTE: Deadline.>>  In general.--If, by the 
                expiration of the 180-day period that 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 subject to a 
                reimbursement requirement of this subsection has not 
                reimbursed the account for the entire reimbursable 
                portion as required under paragraph (1), withholding and 
                transfers of amounts shall continue under paragraph (2) 
                if the individual remains employed in the same position, 
                and the Executive Director of the Federal Retirement 
                Thrift Investment Board shall make a transfer described 
                in subparagraph (B).
                    ``(B) Transfers.--The transfer by such Executive 
                Director is 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 
                amount of that reimbursable portion of the award or 
                settlement, reduced by--
                          ``(i) any amount the individual has 
                      reimbursed, taking into account any amounts 
                      withheld under paragraph (2); and
                          ``(ii) if the individual remains employed in 
                      the same position, any amount that the individual 
                      is scheduled to reimburse, taking into account any 
                      amounts to be withheld under the individual's 
                      timetable under paragraph (2).
                    ``(C) Initiation of transfer.--Notwithstanding 
                section 8435 of title 5, United States Code, the 
                Executive Director described in subparagraph (A) shall 
                make the transfer under subparagraph (A) upon receipt of 
                a written request to the Executive Director from the 
                Secretary of the Treasury, in the form and manner 
                required by the Executive Director.
                    ``(D) Coordination between payroll administrator and 
                the executive director.--The payroll administrator and 
                the Executive Director described in subparagraph (A) 
                shall carry out this paragraph in a manner that ensures 
                the coordination of the withholding and transferring of 
                amounts under this paragraph, in accordance with 
                regulations promulgated by the Board under section 303 
                and such Executive Director.
            ``(4)  Administrative wage garnishment or other collection 
        of wages from a subsequent position.--
                    ``(A) <<NOTE: Deadline.>>  Individual subject to 
                garnishment or other collection.--Subparagraph (B) shall 
                apply to an individual who is subject to a reimbursement 
                requirement of

[[Page 132 STAT. 5309]]

                this subsection if, at any time after the expiration of 
                the 270-day period that begins on the date a payment is 
                made from the account described in subsection (a) for an 
                award or settlement described in paragraph (1), the 
                individual--
                          ``(i) has not reimbursed the account for the 
                      entire reimbursable portion as required under 
                      paragraph (1), through withholdings or transfers 
                      under paragraphs (2) and (3);
                          ``(ii) is not serving in a position as a 
                      Member of the House of Representatives or a 
                      Senator; and
                          ``(iii) is employed in a subsequent non-
                      Federal position.
                    ``(B) <<NOTE: Deadline.>>  Garnishment or other 
                collection of wages.--On the expiration of that 270-day 
                period, the amount of the reimbursable portion of an 
                award or settlement described in paragraph (1) (reduced 
                by any amount the individual has reimbursed, taking into 
                account any amounts withheld or transferred under 
                paragraph (2) or (3)) shall be treated as a claim of the 
                United States and transferred to the Secretary of the 
                Treasury for collection. Upon that transfer, the 
                Secretary of the Treasury shall collect the claim, in 
                accordance with section 3711 of title 31, United States 
                Code, including by administrative wage garnishment of 
                the wages of the individual described in subparagraph 
                (A) from the position described in subparagraph 
                (A)(iii). The Secretary of the Treasury shall transfer 
                the collected amount to the account described in 
                subsection (a).
            ``(5) Notification to office of personnel management and 
        secretary of the treasury.--
                    ``(A) Individual subject to annuity or 
                social <<NOTE: Applicability.>>  security withholding.--
                Subparagraph (B) shall apply to an individual subject to 
                a reimbursement requirement of this subsection if, at 
                any time after the expiration of the 270-day period 
                described in paragraph (4)(A), the individual--
                          ``(i) has not served in a position as a Member 
                      of the House of Representatives or a Senator 
                      during the preceding 90 days; and
                          ``(ii) is not employed in a subsequent non-
                      Federal position.
                    ``(B) <<NOTE: Determination. Consultation.>>  
                Annuity or social security withholding.--If, at any time 
                after the 270-day period described in paragraph (4)(A), 
                the individual described in subparagraph (A) has not 
                reimbursed the account described in subsection (a) for 
                the entire reimbursable portion of the award or 
                settlement described in paragraph (1) (as determined by 
                the Secretary of the Treasury), through withholdings, 
                transfers, or collections under paragraphs (2) through 
                (4), the Secretary of the Treasury (after consultation 
                with the payroll administrator)--
                          ``(i) <<NOTE: Notification.>>  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

[[Page 132 STAT. 5310]]

                      account for the remainder of the reimbursable 
                      portion of an award or settlement described in 
                      paragraph (1); and
                          ``(ii) shall (if necessary), notwithstanding 
                      section 207 of the Social Security Act (42 U.S.C. 
                      407), 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 (42 U.S.C. 401 et seq.) 
                      and transfer to the account described in 
                      subsection (a), such amounts as may be necessary 
                      to reimburse the account for the remainder of the 
                      reimbursable portion of an award or settlement 
                      described in paragraph (1).
            ``(6) Coordination between opm and treasury.--The Director 
        of the Office of Personnel Management and the Secretary of the 
        Treasury shall carry out paragraph (5) 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.
            ``(7) <<NOTE: Determination.>>  Certification.--Once the 
        Executive Director determines that an individual who is subject 
        to a reimbursement requirement of this subsection has reimbursed 
        the account described in subsection (a) for the entire 
        reimbursable portion, the Executive Director shall prepare a 
        certification that the individual has completed that 
        reimbursement, and submit the certification to--
                    ``(A) the Committees on House Administration and 
                Ethics of the House of Representatives, in the case of 
                an individual who, at the time of committing the act 
                involved, was a Member of the House of Representatives 
                (including a Delegate or Resident Commissioner to the 
                Congress); and
                    ``(B) the Select Committee on Ethics of the Senate, 
                in the case of an individual who, at the time of 
                committing the act involved, was a Senator.
            ``(8) Right to intervene.--An individual who is subject to a 
        reimbursement requirement of this subsection shall have the 
        unconditional right to intervene in any mediation, hearing, or 
        civil action under this title 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 that is separate from any other deposition taken 
        from the employee in connection with the hearing or civil 
        action.
            ``(9) Definitions.--In this subsection:
                    ``(A) Non-federal position.--The term `non-Federal 
                position' means a position other than the position of an 
                employee, as defined in section 2105(a) of title 5, 
                United States Code.
                    ``(B) Payroll administrator.--The term `payroll 
                administrator' means--
                          ``(i) 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

[[Page 132 STAT. 5311]]

                      employee of the Office of the Chief Administrative 
                      Officer who is designated by the Chief 
                      Administrative Officer to carry out this 
                      subsection; or
                          ``(ii) 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.''.

    (b) Conforming Amendment.--Section 8437(e)(3) of title 5, United 
States Code, is amended by inserting ``an obligation of the Executive 
Director to make a transfer under section 415(d)(3) of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1415(d)(3)),'' before ``or an 
obligation''.
    (c) <<NOTE: Applicability. 2 USC 1415 note.>>  Effective Date.--The 
amendments made by subsections (a) and (b) shall apply with respect to 
claims 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 
                        AND SENIOR STAFF.

    Section 416(e) (2 U.S.C. 1416(e)) is amended to read as follows:
    ``(e) Automatic Referral to Congressional Ethics Committee of 
Dispositions of Claims Involving Members of Congress and Senior Staff.--
            ``(1) Referral.--Upon the final disposition under this title 
        (as described in paragraph (6)) of a claim alleging a violation 
        described in section 415(d)(1)(C) committed personally by a 
        Member of the House of Representatives (including a Delegate or 
        Resident Commissioner to the Congress) or a Senator, or by a 
        senior staff of the House of Representatives or Senate, the 
        Executive Director shall refer the claim to--
                    ``(A) the Committee on Ethics of the House of 
                Representatives, in the case of a Member or senior staff 
                of the House; or
                    ``(B) the Select Committee on Ethics of the Senate, 
                in the case of a Senator or senior staff of the Senate.
            ``(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 preliminary reviews, hearings, or decisions 
        of the hearing officers and the Board under this Act, and any 
        information relating to an award or settlement paid, in response 
        to such claim.
            ``(3) Review by senate ethics committee of settlements of 
        certain claims.--After the receipt of a settlement agreement for 
        a claim that includes an allegation of a violation described in 
        section 415(d)(1)(C) committed personally by a Senator, the 
        Select Committee on Ethics of the Senate shall--
                    ``(A) <<NOTE: Deadline.>>  not later than 90 days 
                after that receipt, review the settlement agreement;
                    ``(B) <<NOTE: Determination.>>  determine whether an 
                investigation of the claim is warranted; and
                    ``(C) <<NOTE: Notification.>>  if the Select 
                Committee determines, after the investigation, that the 
                claim that resulted in the settlement involved an actual 
                violation described in section 415(d)(1)(C) committed 
                personally by the Senator, then the

[[Page 132 STAT. 5312]]

                Select Committee shall notify the Executive Director to 
                request the reimbursement described in section 415(d) 
                and include the settlement in the report required by 
                section 301(l).
            ``(4) 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.
            ``(5) Committee authority to protect identity of a 
        claimant.--
                    ``(A) Authority.--If a Committee to which a claim is 
                referred under paragraph (1) issues a report as 
                described in paragraph (4) concerning a Member of the 
                House of Representatives (including a Delegate or 
                Resident Commissioner to the Congress) or a Senator, or 
                a senior staff of the House of Representatives or 
                Senate, the Committee may make an appropriate redaction 
                to the information or data included in the report if the 
                Chairman and Vice Chairman of the Committee reach 
                agreement--
                          ``(i) that including the information or data 
                      considered for redaction may lead to the 
                      unintentional disclosure of the identity or 
                      position of a claimant; and
                          ``(ii) on the precise information or data to 
                      be redacted.
                    ``(B) Notation and statement.--The report including 
                any such redaction shall note each redaction and include 
                a statement that the redaction was made solely for the 
                purpose of avoiding such an unintentional disclosure of 
                the identity or position of a claimant.
                    ``(C) Retention of reports.--The Committee making a 
                redaction in accordance with this paragraph shall retain 
                a copy of the report, without a redaction.
            ``(6) 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, including an agreement reached pursuant to 
                mediation under section 404.
                    ``(B) A final decision of a hearing officer under 
                section 405(g) that is no longer subject to review by 
                the Board under section 406.
                    ``(C) A final decision of the Board under section 
                406(e) that is no longer subject to appeal to the United 
                States Court of Appeals for the Federal Circuit under 
                section 407.
                    ``(D) A final decision in a civil action under 
                section 408 that is no longer subject to appeal.
            ``(7) Senior staff defined.--In this subsection, the term 
        `senior staff' means any individual who, at the time a violation 
        occurred, was required to file a report under title I of the 
        Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.).''.
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:

[[Page 132 STAT. 5313]]

``SEC. 417. <<NOTE: 2 USC 1417.>>  OPTION TO REQUEST 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 (referred to in this section as 
        `permitting a remote work assignment') where such relocation 
        would have the effect of materially reducing interactions 
        between the covered employee and any person alleged to have 
        committed the violation, instead of from a 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 or such relocation would not have the 
        effect described in paragraph (1), the employing office may 
        during the pendency of the procedures described in paragraph 
        (1)--
                    ``(A) grant a paid leave of absence to the covered 
                employee;
                    ``(B) permit a remote work assignment and grant a 
                paid leave of absence to the covered employee; or
                    ``(C) make another workplace adjustment, or permit a 
                remote work assignment, that would have the effect of 
                reducing interactions between the covered employee and 
                any person alleged to have committed the violation 
                described in paragraph (1).
            ``(3) Ensuring no retaliation.--An employing office may not 
        grant a covered employee's request under this subsection in a 
        manner which would constitute a violation of section 207.
            ``(4) No impact on vacation or personal leave.--In granting 
        leave for a paid leave of absence under this section, an 
        employing office shall not require the covered employee to 
        substitute, for that leave, any of the accrued paid vacation or 
        personal leave of the covered employee.

    ``(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 title IV the following new item:

``Sec. 417. Option to request remote work assignment or paid leave of 
           absence during pendency of procedures.''.

SEC. 114. MODIFICATION OF RULES ON CONFIDENTIALITY OF PROCEEDINGS.

    (a) 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''.

[[Page 132 STAT. 5314]]

    (b) Claims.--Section 416 (2 U.S.C. 1416), as amended by section 112 
and subsection (a) of this section, is further amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b) through (f) as 
        subsections (a) through (e), respectively;
            (3) in subsection (b), as redesignated by paragraph (2) of 
        this subsection, by striking ``subsections (d), (e), and (f)'' 
        and inserting ``subsections (c), (d), and (e)''; and
            (4) by adding at the end the following:

    ``(f) Claims.--Nothing in this section may be construed to prohibit 
a covered employee from disclosing the factual allegations underlying 
the covered employee's claim, or to prohibit an employing office from 
disclosing the factual allegations underlying the employing office's 
defense to the claim, in the course of any proceeding under this 
title.''.
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 Act has been made 
        from the account described in subsection (a) in connection with 
        a claim alleging a violation of section 201(a) or 206(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) <<NOTE: Deadline.>>  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) <<NOTE: Applicability. 2 USC 1415 note.>>  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 
(2 U.S.C. 1415) for claims filed on or after the date of the enactment 
of this Act.

[[Page 132 STAT. 5315]]

  TITLE II--IMPROVING OPERATIONS OF OFFICE OF CONGRESSIONAL WORKPLACE 
                                 RIGHTS

SEC. 201. REPORTS ON AWARDS AND SETTLEMENTS.

    (a) Annual Reports on Awards and Settlements.--
            (1) Requiring submission and publication of reports.--
        Section 301 (2 U.S.C. 1381) is amended--
                    (A) in subsection (h)(3), by striking ``complaint'' 
                each place it appears and inserting ``claim''; and
                    (B) by adding at the end the following new 
                subsection:

    ``(l) Annual Reports on Awards and Settlements.--
            ``(1) In general.--Subject to the rules issued by the 
        applicable committee pursuant to paragraph (2):
                    ``(A) <<NOTE: Web posting.>>  Requirement.--The 
                Office shall prepare and submit to Congress, and publish 
                on the public website of the Office, an annual report 
                regarding payments from the account described in section 
                415(a) that were the result of claims alleging a 
                violation of part A of title II (referred to in this 
                subsection as `covered payments').
                    ``(B) Reporting.--The reporting required under this 
                paragraph shall--
                          ``(i) for a covered payment, or the 
                      reimbursable portion of a covered payment, 
                      described in paragraph (2), conform to the 
                      requirements of the rules issued by the applicable 
                      committee under such paragraph; and
                          ``(ii) for a covered payment, or the portion 
                      of a covered payment, not described in paragraph 
                      (2)--
                                    ``(I) include the amount of the 
                                covered payment or portion of the 
                                covered payment and information on the 
                                employing office involved; and
                                    ``(II) identify each provision of 
                                part A of title II that was the subject 
                                of a claim resulting in the covered 
                                payment or portion of the covered 
                                payment.
                    ``(C) Reporting periods and dates.--The reporting 
                required under this paragraph--
                          ``(i) for 2019, shall be submitted by the 60th 
                      day after the date on which the committees 
                      described in paragraph (2) issue the rules 
                      described in paragraph (2) and shall reflect 
                      covered payments made in calendar year 2019; and
                          ``(ii) for 2020 and each subsequent calendar 
                      year, shall be submitted by January 31 of that 
                      year and shall reflect covered payments made in 
                      the previous calendar year.
            ``(2) Rules regarding reporting of covered payments for 
        employing offices of the house and employing offices of the 
        senate.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 180 days after the date of the enactment of this 
                subsection, the Committee on House Administration of the 
                House of Representatives and the Committee on Rules and 
                Administration of the

[[Page 132 STAT. 5316]]

                Senate shall each issue rules establishing the content, 
                format, and other requirements for the reporting 
                required under paragraph (1)(B)(i) with respect to--
                          ``(i) any covered payment made for claims 
                      involving an employing office described in any of 
                      subparagraphs (A) through (C) of section 101(a)(9) 
                      of the House of Representatives or of the Senate, 
                      respectively; and
                          ``(ii) the reimbursable portion of any such 
                      covered payment for which there is a finding 
                      requiring reimbursement under section 415(d)(1)(B) 
                      from a Member of the House of Representatives 
                      (including a Delegate or Resident Commissioner to 
                      the Congress) or a Senator, respectively.
                    ``(B) Applicability.--The rules issued under 
                subparagraph (A)--
                          ``(i) by the Committee on House Administration 
                      of the House of Representatives shall apply to 
                      covered payments made for claims involving 
                      employing offices described in subparagraph (A)(i) 
                      of the House; and
                          ``(ii) by the Committee on Rules and 
                      Administration of the Senate shall apply to 
                      covered payments made for claims involving 
                      employing offices described in subparagraph (A)(i) 
                      of the Senate.
            ``(3) Protection of identity of individuals receiving awards 
        and settlements.--In preparing, submitting, and publishing the 
        reports required under paragraph (1), the Office shall ensure 
        that the identity or position of any claimant is not disclosed.
            ``(4) Authority to protect the identity of a claimant.--
                    ``(A) <<NOTE: Consultations.>>  In general.--In 
                carrying out paragraph (3), the Executive Director, in 
                consultation with the Board, may make an appropriate 
                redaction to the data included in the report described 
                in paragraph (1) if the Executive Director, in 
                consultation with the Board, determines that including 
                the data considered for redaction may lead to the 
                identity or position of a claimant unintentionally being 
                disclosed. The report shall note each redaction and 
                include a statement that the redaction was made solely 
                for the purpose of avoiding such an unintentional 
                disclosure of the identity or position of a claimant.
                    ``(B) Recordkeeping.--The Executive Director shall 
                retain a copy of the report described in paragraph (1), 
                without redactions.
            ``(5) Definition.--In this subsection, the term `claimant' 
        means an individual who received an award or settlement, or who 
        made an allegation of a violation against an employing office, 
        under part A of title II.''.
            (2) <<NOTE: 2 USC 1381 note.>>  Effective date.--The 
        amendment made by paragraph (1)(B) shall take effect on January 
        1, 2019.

    (b) Report on Amounts Previously Paid.--
            (1) <<NOTE: Web posting.>>  In general.--Not later than 30 
        days after the date of the enactment of this Act, the Office of 
        Congressional Workplace Rights shall submit to Congress and make 
        available to the public on the Office's public website a report 
        on all payments made with public funds (to include funds paid 
        from the account described in section 415(a) of the 
        Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)), an 
        account of

[[Page 132 STAT. 5317]]

        the House of Representatives or Senate, or any other account of 
        the Federal Government) prior to the date of the enactment of 
        this Act for awards and settlements in connection with 
        violations of section 201(a) of the Congressional Accountability 
        Act of 1995 (2 U.S.C. 1311(a)), or section 207 of such Act (2 
        U.S.C. 1317), and shall include in the report the following 
        information:
                    (A) The amount paid for each such award or 
                settlement.
                    (B) The source of the public funds used for the 
                award or settlement.
            (2) Rule of construction regarding identification of house 
        and senate accounts.--Nothing in paragraph (1)(B) may be 
        construed to require or permit the Office of Congressional 
        Workplace Rights to report the account of any specific office of 
        the House of Representatives or Senate as the source of funds 
        used for an award or settlement.

    (c) Rulemaking Powers.--Section 501 (2 U.S.C. 1431) is amended in 
the matter preceding paragraph (1) by inserting ``, section 301(l),'' 
before ``and 304(c)''.
SEC. 202. <<NOTE: 2 USC 1388.>>  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) <<NOTE: Deadline.>>  Requirement to Conduct Secure 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 secure survey 
of employing offices under this Act regarding the workplace environment 
of such offices. Employee responses to the survey shall be voluntary.

    ``(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.
            ``(3) Survey form.--The Office shall limit the use of any 
        information code or information on the survey form that makes a 
        respondent to the survey, or the respondent's employing office, 
        individually identifiable.

    ``(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 Committees on Homeland Security and Governmental Affairs and 
Rules and Administration 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 Committees on 
Homeland Security and Governmental Affairs and Rules and Administration 
of the Senate.''.

[[Page 132 STAT. 5318]]

    (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), as amended by section 201(a), is 
further amended by adding at the end the following new subsection:
    ``(m) Record Retention.--The Office shall establish and maintain a 
program for the permanent retention of its records, including the 
records of preliminary reviews, mediations, hearings, and other 
proceedings conducted under title IV.''.
SEC. 204. CONFIDENTIAL ADVISORS.

    Section 302 (2 U.S.C. 1382) is amended--
            (1) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively; and
            (2) by inserting after subsection (c) the following:

    ``(d) Confidential Advisors.--
            ``(1) In general.--The Executive Director shall--
                    ``(A) <<NOTE: Appointment.>>  appoint, and fix the 
                compensation of, and may remove, 1 or more confidential 
                advisors to carry out the duties described in this 
                subsection; or
                    ``(B) <<NOTE: Designation.>>  designate 1 or more 
                employees of the Office to serve as a confidential 
                advisor.
            ``(2) Duties.--
                    ``(A) Voluntary services.--A confidential advisor 
                appointed or designated under paragraph (1) shall offer 
                to provide to covered employees described in paragraph 
                (4) the services described in subparagraph (B), which a 
                covered employee may accept or decline.
                    ``(B) Services.--The services referred to in 
                subparagraph (A) are--
                          ``(i) informing, on a privileged and 
                      confidential basis, a covered employee who has 
                      been subject to a practice that may be a violation 
                      of part A of title II about the employee's rights 
                      under this Act;
                          ``(ii) consulting, on a privileged and 
                      confidential basis, with a covered employee who 
                      has been subject to a practice that may be a 
                      violation of part A of title II regarding--
                                    ``(I) the roles, responsibilities, 
                                and authority of the Office; and
                                    ``(II) the relative merits of 
                                securing private counsel, designating a 
                                non-attorney representative, or 
                                proceeding without representation for 
                                proceedings before the Office;
                          ``(iii) advising and consulting with, on a 
                      privileged and confidential basis, a covered 
                      employee who has been subject to a practice that 
                      may be a violation of part A of title II regarding 
                      any claims the covered employee may have under 
                      title IV, the factual allegations that support 
                      each such claim, and the relative merits of the 
                      procedural options available to the employee for 
                      each such claim;

[[Page 132 STAT. 5319]]

                          ``(iv) assisting, on a privileged and 
                      confidential basis, a covered employee who seeks 
                      consideration under title IV of an allegation of a 
                      violation of part A of title II in understanding 
                      the procedures, and the significance of the 
                      procedures, described in title IV, including--
                                    ``(I) assisting or consulting with 
                                the covered employee regarding the 
                                drafting of a claim to be filed under 
                                section 402(a); and
                                    ``(II) consulting with the covered 
                                employee regarding the procedural 
                                options available to the covered 
                                employee after a claim is filed, and the 
                                relative merits of each option; and
                          ``(v) informing, on a privileged and 
                      confidential basis, a covered employee who has 
                      been subject to a practice that may be a violation 
                      of part A of title II about the option of 
                      pursuing, in appropriate circumstances, a 
                      complaint with the Committee on Ethics of the 
                      House of Representatives or the Select Committee 
                      on Ethics of the Senate.
                    ``(C) Continuity of service.--Once a covered 
                employee has accepted and received any services offered 
                under this section from a confidential advisor appointed 
                or designated under paragraph (1), any other services 
                requested under this subsection by the covered employee 
                shall be provided, to the extent practicable, by the 
                same confidential advisor.
            ``(3) Qualifications.--A confidential advisor appointed or 
        designated under paragraph (1) shall be a lawyer who--
                    ``(A) is admitted to practice before, and is in good 
                standing with, the bar of a State of the United States, 
                the District of Columbia, or a territory of the United 
                States; and
                    ``(B) has experience representing clients in cases 
                involving the workplace laws incorporated by part A of 
                title II.
            ``(4) Individuals covered.--The services described in 
        paragraph (2) are available to any covered employee (which, for 
        purposes of this subsection, shall include any staff member 
        described in section 201(d) and any former covered employee 
        (including any such former staff member)), except that--
                    ``(A) a former covered employee may only request 
                such services if the practice that may be a violation of 
                part A of title II occurred during the employment or 
                service of the employee; and
                    ``(B) <<NOTE: Deadline.>>  a covered employee 
                described in this paragraph may only request such 
                services before the expiration of the 180-day period 
                described in section 402(d).
            ``(5) Restrictions.--A confidential advisor appointed or 
        designated under paragraph (1)--
                    ``(A) shall not act as the designated representative 
                for any covered employee in connection with the covered 
                employee's participation in any proceeding, including 
                any proceeding under this Act, any judicial proceeding, 
                or any proceeding before any committee of Congress;
                    ``(B) shall not offer or provide services described 
                in paragraph (2)(B) to a covered employee if the covered

[[Page 132 STAT. 5320]]

                employee has designated an attorney representative in 
                connection with the covered employee's participation in 
                any proceeding under this Act, except that a 
                confidential advisor may provide general assistance and 
                information to such attorney representative regarding 
                this Act and the role of the Office as the confidential 
                advisor determines appropriate; and
                    ``(C) shall not serve as a mediator in any mediation 
                conducted pursuant to section 404.''.
SEC. 205. 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 
Congressional Workplace Rights.
    (b) <<NOTE: Recommenda- tions.>>  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 Congressional Workplace Rights.
SEC. 206. 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 Congressional Workplace Rights.
    (b) <<NOTE: Recommenda- tions.>>  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 Congressional Workplace Rights.

                    TITLE III--MISCELLANEOUS REFORMS

SEC. 301. APPLICATION OF GENETIC INFORMATION NONDISCRIMINATION ACT 
                        OF 2008.

    Section 102 (2 U.S.C. 1302) is amended by adding at the end the 
following:
    ``(c) Genetic Information Nondiscrimination Act of 2008.--
            ``(1) In general.--The provisions of this Act that apply to 
        a violation of section 201(a)(1) shall be considered to apply to 
        a violation of title II of the Genetic Information 
        Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.), 
        consistent with section 207(c) of that Act (42 U.S.C. 2000ff-
        6(c)).
            ``(2) Construction.--
                    ``(A) No limitation on other laws.--Nothing in this 
                section limits the provisions of this Act that apply to 
                a violation of a law described in subparagraph (B).
                    ``(B) Other laws.--A law described in this 
                subparagraph is a law (even if not listed in subsection 
                (a) or this subsection) that explicitly applies one or 
                more provisions of this Act to a violation.''.

[[Page 132 STAT. 5321]]

SEC. 302. 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--
                    ``(A) any staff member of an employing office who 
                carries out official duties of the employing office but 
                who is not paid by the employing office for carrying out 
                such duties (referred to in this subsection as an 
                `unpaid staff member'), including an 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 a covered employee; and
                    ``(B) a former unpaid staff member, if the act that 
                may be a violation of subsection (a) occurred during the 
                service of the former unpaid staffer for the employing 
                office.
            ``(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.--For purposes of this subsection, 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. 303. CLARIFICATION OF TREATMENT OF LIBRARY OF CONGRESS 
                        VISITORS.

    (a) Clarification.--Section 210 (2 U.S.C. 1331) is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:

    ``(h) Election of Remedies Relating to Rights to Public Services and 
Accommodations for Library Visitors.--
            ``(1) Definition of library visitor.--In this subsection, 
        the term `Library visitor' means an individual who is eligible 
        to bring a claim for a violation under title II or III of the 
        Americans with Disabilities Act of 1990 (other than a violation 
        for which the exclusive remedy is under section 201) against the 
        Library of Congress.
            ``(2) Election of remedies.--
                    ``(A) In general.--A Library visitor who alleges a 
                violation of subsection (b) by the Library of Congress 
                may, subject to subparagraph (B)--

[[Page 132 STAT. 5322]]

                          ``(i) file a charge against the Library of 
                      Congress under subsection (d); or
                          ``(ii) use the remedies and procedures set 
                      forth in section 717 of the Civil Rights Act of 
                      1964 (42 U.S.C. 2000e-16), as provided under 
                      section 510 (other than paragraph (5)) of the 
                      Americans with Disabilities Act of 1990 (42 U.S.C. 
                      12209).
                    ``(B) Timing.--A Library visitor that has initiated 
                proceedings under clause (i) or (ii) of subparagraph (A) 
                may elect to change and initiate a proceeding under the 
                other clause--
                          ``(i) in the case of a Library visitor who 
                      first filed a charge pursuant to subparagraph 
                      (A)(i), before the General Counsel files a 
                      complaint under subsection (d)(3); or
                          ``(ii) in the case of a Library visitor who 
                      first initiated a proceeding under subparagraph 
                      (A)(ii), before the Library visitor requests a 
                      hearing under the procedures of the Library of 
                      Congress described in such subparagraph.''.

    (b) Conforming Amendment.--Section 210(d)(2) (2 U.S.C. 1331(d)(2)) 
is amended by striking ``section 403'' and inserting ``section 404''.
    (c) <<NOTE: 2 USC 1331 note.>>  Effective Date and Applicability.--
The amendments made by subsection (a) shall take effect as if such 
amendments were included in the enactment of section 153 of the 
Legislative Branch Appropriations Act, 2018 (Public Law 115-141), and 
shall apply as specified in section 153(c) of such Act.
SEC. 304. NOTICES.

    (a) Requiring Employing Offices to Post Notices.--Part E of title II 
(2 U.S.C. 1361) is amended by adding at the end the following:
``SEC. 226. <<NOTE: 2 USC 1362.>>  NOTICES.

    ``(a) In General.--Every employing office shall post and keep posted 
(in conspicuous places upon its premises where notices to covered 
employees are customarily posted) a notice provided by the Office that--
            ``(1) describes the rights, protections, and procedures 
        applicable to covered employees of the employing office under 
        this Act, concerning violations described in subsection (b); and
            ``(2) includes contact information for the Office.

    ``(b) Violations.--A violation described in this subsection is--
            ``(1) discrimination prohibited by section 201(a) 
        (including, in accordance with section 102(c), discrimination 
        prohibited by title II of the Genetic Information 
        Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.)) or 
        206(a); and
            ``(2) a violation of section 207 that is related to 
        discrimination described in paragraph (1).''.

    (b) Clerical Amendment.--The table of contents is amended by adding 
at the end of the items relating to part E of title II the following new 
item:

``Sec. 226. Notices.''.

[[Page 132 STAT. 5323]]

SEC. 305. CLARIFICATION OF COVERAGE OF EMPLOYEES OF HELSINKI AND 
                        CHINA COMMISSIONS.

    (a) Clarification of Coverage.--Section 101 (2 U.S.C. 1301), as 
amended by section 302(b), is further 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 Office of 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, and in the case of assistance and representation 
                in connection with any subsequent claim under title IV 
                related to the initial claim where the subsequent claim 
                involves the same parties; or
                    ``(B) by the Office of 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, and in the 
                case of assistance and representation in connection with 
                any subsequent claim under title IV related to the 
                initial claim where the subsequent claim involves the 
                same parties.
            ``(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 for Fiscal 
                Year 2001 (22 U.S.C. 7002), as enacted into law by 
                section 1 of Public Law 106-398;
                    ``(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

[[Page 132 STAT. 5324]]

                    ``(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', 
                approved June 3, 1976 (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(a)(3) (2 U.S.C. 1301(a)(3)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (I);
                    (B) by striking the period at the end of 
                subparagraph (J) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(K) the John C. Stennis Center for Public Service 
                Training and Development.''.
            (2) Treatment of center as employing office.--Section 
        101(a)(9)(D) (2 U.S.C. 1301(a)(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) Conforming Amendments.--Paragraphs (7) and (8) of section 101(a) 
(2 U.S.C. 1301(a)) are each amended by striking ``subparagraphs (C) 
through (I)'' and inserting ``subparagraphs (C) through (K)''.
    (d) <<NOTE: 2 USC 1301 note.>>  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. 306. <<NOTE: 2 USC 1438.>>  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. <<NOTE: 2 USC 1437a.>>  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) <<NOTE: Effective date.>>  In general.--Not later than 
        45 days after the beginning of each Congress (beginning with the 
        One Hundred Seventeenth 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.

[[Page 132 STAT. 5325]]

    ``(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. 307. SUPPORT FOR OUT-OF-AREA COVERED EMPLOYEES.

    (a) In General.--Title V (2 U.S.C. 1431 et seq.), as amended by 
section 306(a), <<NOTE: 2 USC 1438.>>  is further amended--
            (1) by redesignating section 510 as section 511; and
            (2) by inserting after section 509, as inserted by section 
        306(a), the following:
``SEC. 510. <<NOTE: 2 USC 1437b.>>  SUPPORT FOR OUT-OF-AREA 
                        COVERED EMPLOYEES.

    ``(a) In General.--All covered employees whose location of 
employment is outside of the Washington, DC area (referred to in this 
section as `out-of-area covered employees') shall have equitable access 
to the resources and services provided by the Office and under this Act 
as is provided to covered employees who work in the Washington, DC area.
    ``(b) Office of Congressional Workplace Rights.--The Office shall--
            ``(1) establish a method by which out-of-area covered 
        employees may communicate securely with the Office, which shall 
        include an option for real-time audiovisual communication; and
            ``(2) <<NOTE: Guidance.>>  provide guidance to employing 
        offices regarding how each office can facilitate equitable 
        access to the resources and services provided under this Act for 
        its out-of-area covered employees, including information 
        regarding the communication methods described in paragraph (1).

    ``(c) Employing Offices.--It is the sense of Congress that each 
employing office with out-of-area covered employees should use its best 
efforts to facilitate equitable access to the resources and services 
provided under this Act for those employees.''.
    (b) Clerical Amendment.--The table of contents, as amended by 
section 306(b), <<NOTE: 2 USC 1381.>>  is amended--
            (1) by redesignating the item relating to section 510 as 
        relating to section 511; and
            (2) by inserting after the item relating to section 509, as 
        inserted by section 306(b), the following new item:

``Sec. 510. Support for out-of-area covered employees.''.

SEC. 308. RENAMING OFFICE OF COMPLIANCE AS OFFICE OF CONGRESSIONAL 
                        WORKPLACE RIGHTS.

    (a) Renaming.--Section 301 (2 U.S.C. 1381) is amended--
            (1) in the section 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''.

[[Page 132 STAT. 5326]]

    (b) Conforming Amendments to Congressional Accountability Act of 
1995.--The Congressional Accountability Act of 1995, as amended by 
section 305(a), is further amended as follows:
            (1) In section 101(a)(1) (2 U.S.C. 1301(a)(1)), by striking 
        ``Office of Compliance'' and inserting ``Office of Congressional 
        Workplace Rights''.
            (2) In section 101(a)(2) (2 U.S.C. 1301(a)(2)), by striking 
        ``Office of Compliance'' and inserting ``Office of Congressional 
        Workplace Rights''.
            (3) In section 101(a)(3)(H) (2 U.S.C. 1301(a)(3)(H)), by 
        striking ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (4) In section 101(a)(9)(D) (2 U.S.C. 1301(a)(9)(D)), by 
        striking ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (5) In section 101(a)(10) (2 U.S.C. 1301(a)(10)), by 
        striking ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (6) In section 101(a)(11) (2 U.S.C. 1301(a)(11)), by 
        striking ``Office of Compliance'' and inserting ``Office of 
        Congressional Workplace Rights''.
            (7) In section 101(a)(12) (2 U.S.C. 1301(a)(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 title 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. Establishment of Office of Congressional Workplace 
           Rights.''.

    (d) <<NOTE: 2 USC 1381 note.>>  Effective Date; References in Other 
Laws, Rules, and Regulations.--The amendments made by this section shall 
take effect on the date of the enactment of this Act. Any reference to 
the Office of Compliance in any law, rule, regulation, or other

[[Page 132 STAT. 5327]]

official paper in effect as of such date shall be considered to refer 
and apply to the Office of Congressional Workplace Rights.

                        TITLE IV--EFFECTIVE DATE

SEC. 401. EFFECTIVE DATE.

    (a) <<NOTE: 2 USC 1301 note.>>  In General.--Except as otherwise 
provided in this Act, 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) <<NOTE: 2 USC 1301 note.>>  No Effect on Pending Proceedings.--
Nothing in this Act or the amendments made by this Act may be construed 
to affect any proceeding or payment of an award or settlement relating 
to a claim under title IV of the Congressional Accountability Act of 
1995 (2 U.S.C. 1401 et seq.) which is pending as of the date after that 
180-day period. If, as of that date, an employee has begun any of the 
proceedings under that title that were available to the employee prior 
to that date, the employee may complete, or initiate and complete, all 
such proceedings, and such proceedings shall remain in effect with 
respect to, and provide the exclusive proceedings for, the claim 
involved until the completion of all such proceedings.

    Approved December 21, 2018.

LEGISLATIVE HISTORY--S. 3749:
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CONGRESSIONAL RECORD, Vol. 164 (2018):
            Dec. 13, considered and passed Senate and House.

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