US Codex
Bill
Notes

Title II — Congressional Accountability Act of 1995

S. 2159 · 115th Congress · Nov 16, 2017 · Lineage

II Congressional Accountability Act of 1995

Sec. 201 Definitions

Section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) is amended—
(1)
by redesignating paragraphs (4) through (10), and paragraphs (11) and (12), as paragraphs (5) through (11), and paragraphs (13) and (14), respectively;
(2)
by inserting after paragraph (3) the following:

“(4) Covered harassment—The term covered harassment means harassment that is—

“(A) discrimination because of race, color, religion, sex, or national origin under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);

“(B) discrimination because of age under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.);

“(C) discrimination on the basis of disability under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) or section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791);

“(D) discrimination because of genetic information under title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.); or

“(E) discrimination because of sexual orientation, or gender identity, within the meaning of Executive Order 11478.”

(3)
by inserting after paragraph (11), as redesignated in paragraph (1) of this section, the following:

“(12) Executive Order 11478—The term “Executive Order 11478” means Executive Order 11478 (42 U.S.C. 2000e note; relating to equal employment opportunity in the Federal Government), as amended and superseded by Executive Order 13672 and the other Executive orders issued before January 20, 2017.”

Sec. 202 Rights and protections; responsibilities of head of employing office

Section 201 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311) is amended—
(1)
in subsection (a)—
(A)
(i)
in paragraph (2), by striking “or” at the end;
(ii)
in paragraph (3), by striking the period at the end and inserting “; or”; and
(iii)
by adding at the end the following:

“(4) sexual orientation, or gender identity, within the meaning of Executive Order 11478.”

(B)
(i)
by redesignating paragraphs (1), (2), (3), and (4), as added by section 201(2), as subparagraphs (A), (B), (C), and (D), respectively;
(ii)
by aligning the margins of such subparagraphs with the margins of subparagraph (A) of subsection (b)(1); and
(iii)
by striking “All personnel” and inserting the following:

“(1) In general—All personnel”

(C)
by adding at the end the following:

“(2) Responsibilities

“(A) In general—If an individual who is the head of an employing office, or the highest ranking employee of the head of the employing office, is aware of, or a reasonable individual in the position involved would be aware of, covered harassment in the office, the individual shall carry out the responsibility described in subparagraph (B).

“(B) Responsibilities—The individual referred to in subparagraph (A) shall make affirmative efforts to address, and prevent the recurrence of, covered harassment in the office.”

(2)
in subsection (b)—
(A)
in paragraph (1), by striking “subsection (a)(1)” and inserting “subsection (a)(1)(A)”;
(B)
in paragraph (2), by striking “subsection (a)(2)” and inserting “subsection (a)(1)(B)”; and
(C)
in paragraph (3), by striking “subsection (a)(3)” and inserting “subsection (a)(1)(C)”.

Sec. 203 Coverage of interns, fellows, and detailees

Section 201 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311) is amended—
(1)
by redesignating subsection (d) as subsection (e); and
(2)
by inserting after subsection (c) the following:

“(d) In this section, the term covered employee, used with respect to covered harassment, includes—

“(1) an intern or fellow serving in a position in an employing office—

“(A) without regard to whether the intern or fellow receives compensation; and

“(B) if the intern or fellow does receive compensation, without regard to the source of compensation; and

“(2) a detailee serving in a position in an employing office without regard to whether the service is on a reimbursable basis.”

Sec. 204 Notices

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

“226. Notices

“(a) In general—Every employing office shall post and keep posted (in conspicuous places upon its premises where notices to covered employees are customarily posted) a notice provided by the Office that—

“(1) describes the rights, protections, and procedures applicable to covered employees of the employing office under this Act, concerning covered harassment and covered discrimination; and

“(2) includes contact information for the Office.

“(b) Definition—In this section, the term “covered discrimination” means—

“(1) discrimination described in any of subparagraphs (A) through (E) of section 101(4);

“(2) discrimination prohibited by section 210; or

“(3) a violation of section 207 that is related to discrimination described in paragraph (1) or (2).”

Sec. 205 Confidential advisor

Section 302 of the Congressional Accountability Act of 1995 (2 U.S.C. 1382) is amended—
(1)
by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and
(2)
by inserting after subsection (c) the following:

“(d) Confidential Advisor

“(1) In general—The Executive Director shall—

“(A) appoint, and fix the compensation of, and may remove, a Confidential Advisor; or

“(B) designate an employee of the Office to serve as a Confidential Advisor.

“(2) Duties

“(A) Voluntary services—The Confidential Advisor shall offer to provide the services described in subparagraph (B), which a covered employee may accept or decline.

“(B) Services—The services referred to in subparagraph (A) are—

“(i) informing a covered employee who has experienced a practice that may be covered harassment about the employee's rights under this Act;

“(ii) consulting, on a confidential basis, with a covered employee who has experienced a practice that may be covered harassment; and

“(iii) assisting a covered employee who seeks consideration under title IV of an allegation involving covered harassment in understanding the procedures, and the significance of the procedures, described in that title.”

Sec. 206 Overall procedure

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

Sec. 207 Notification

Section 401 of the Congressional Accountability Act of 1995, as amended by section 206, is further amended—
(1)
by striking “Except” and inserting the following:

“(a) Overall procedure—Except”

(2)
by adding at the end the following:

“(b) Notification after allegation of covered harassment—On receiving a request, under this title, for counseling or another proceeding for consideration of alleged covered harassment, the Office shall provide to the employee written notification that describes the rights, protections, and procedures applicable to a covered employee who is raising such an allegation.

“(c) No requirement To present allegation first to employing office—Notwithstanding any provision of law, regardless of whether a covered employee follows the employing office's procedures for initially presenting an allegation, or information about the allegation, of covered harassment to the employing office—

“(1) the covered employee is privileged to request and obtain, under this title, counseling or another proceeding for consideration of alleged covered harassment; and

“(2) the covered employee—

“(A) may file a complaint with the Office in accordance with section 405 or file a civil action with a court in accordance with section 408;

“(B) may proceed without prejudice under the corresponding procedures specified in title IV including obtaining any available remedy; and

“(C) shall be entitled to protection from intimidation, reprisal, or other discrimination described in section 207 as provided in that section.”

Sec. 208 Availability of remote work assignment or paid leave during pendency of procedures

Section 401 of the Congressional Accountability Act of 1995 (2 U.S.C. 1401), as amended by section 207, is further amended by adding at the end the following new subsection:

“(d) Availability of remote work assignment or paid leave during pendency of procedures

“(1) Requirements for employing offices

“(A) Remote work assignment—At the request of a covered employee who alleges covered harassment by the covered employee’s employing office, during the pendency of any of the procedures available under this title for consideration of the allegation, the employing office shall permit the covered employee to carry out the employee’s responsibilities from a remote location instead of from the location of the employing office.

“(B) Exception for work assignments required to be carried out onsite—If, in the determination of the covered employee’s employing office, a covered employee who makes a request under this paragraph cannot carry out the employee’s responsibilities from a remote location, the employing office shall grant paid leave to a covered employee during the pendency of the procedures available under this title for the covered employee.

“(2) Exclusion from cap on number of employees of office of Member or committee of the House of Representatives—If the office of a Member or committee of the House of Representatives grants a covered employee of such office paid leave under paragraph (1), during the period in which the employee is on paid leave, the employee shall not be counted among the number of employees of the office—

“(A) in the case of the office of a Member of the House, for purposes of section 104(a) of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5321(a)); or

“(B) in the case of the office of a committee of the House, for purposes of any rule or regulation of the House that governs the number of employees the committee may appoint.

“(3) Exception for arrangements subject to collective bargaining agreements—Paragraph (1) does not apply to the extent that it is inconsistent with the terms and conditions of any collective bargaining agreement that is in effect with respect to an employing office.”

Sec. 209 Electronic reporting system

Section 401 of the Congressional Accountability Act of 1995 (2 U.S.C. 1401), as amended by section 208, is further amended by adding at the end the following new subsection:

“(e) Use of electronic reporting system—The Office shall establish and operate an electronic reporting system through which a covered employee may initiate a proceeding under this title, and that will keep an electronic record of the date and time at which the proceeding is initiated.”

Sec. 210 Counseling

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

Sec. 211 Mediation

(a)
Voluntary mediation— Section 403(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1403(a)) is amended—
(1)
by striking “Not later” and inserting the following:

“(1) In general—Except as provided in paragraph (2), not later”

(2)
by adding at the end the following:

“(2) Allegation of covered harassment—In the case of an allegation of covered harassment—

“(A) for a covered employee who requests counseling under section 402, not later than 15 days after receipt by the employee of notice of the end of the counseling period under section 402, but prior to making an election under section 404, the covered employee who alleged a violation of a law may file a request for voluntary mediation with the Office; and

“(B) for a covered employee who does not request such counseling, not later than 180 days after the date of the alleged violation, but prior to making an election under section 404, the covered employee may file a request for voluntary mediation with the Office.”

(b)
Requiring parties To be separated during mediation at request of employee— Section 403(b)(2) of the Congressional Accountability Act of 1995 (2 U.S.C. 1403(b)(2)) is amended by striking “meetings with the parties” and all that follows and inserting the following: “meetings with the parties—

“(1) held for the purpose of resolving the dispute between the covered employee and the employing office; and

“(2)

“(A) except as provided in subparagraph (B), conducted separately or jointly; or

“(B) at the request of a covered employee who alleges covered harassment, during which the parties shall be separated.”

Sec. 212 Election of proceeding

Section 404 of the Congressional Accountability Act of 1995 (2 U.S.C. 1404) is amended—
(1)
by striking “Not later” and inserting the following:

“(1) In general—Except as provided in subsection (b), not later”

(2)
by adding at the end the following:

“(b) Allegation of covered harassment—In the case of an allegation of covered harassment—

“(1) for a covered employee who requests mediation under section 403 (or does not, but requests counseling under section 402), not later than 90 days after the end of the period of mediation (or counseling), the covered employee may either—

“(A) file a complaint as described in subsection (a)(1); or

“(B) file a civil action as described in subsection (a)(2); and

“(2) for a covered employee who does not request such mediation (or counseling), not later than 180 days after the date of the alleged violation, the covered employee may either—

“(A) file a complaint as described in subsection (a)(1); or

“(B) file a civil action as described in subsection (a)(2).”

Sec. 213 Complaint and proceeding

Section 405(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1405(a)) is amended by striking subsection (a) and inserting the following:

“(a) Complaint

“(1) In general—Except as provided in paragraph (2)—

“(A) a covered employee may, upon the completion of mediation under section 403, file a complaint with the Office; and

“(B) the respondent to the complaint shall be the employing office—

“(i)

“(I) involved in the violation; or

“(II) in which the violation is alleged to have occurred; and

“(ii) about which mediation was conducted.

“(2) Allegation of covered harassment—In the case of an allegation of covered harassment—

“(A) a covered employee may file a complaint with the Office as described in section 404(b); and

“(B) the respondent to the complaint shall be the employing office—

“(i) involved in the violation; or

“(ii) in which the violation is alleged to have occurred.”

Sec. 214 Investigatory powers

Section 405 of the Congressional Accountability Act of 1995 (2 U.S.C. 1405) is amended by striking subsection (e) and inserting the following:

“(e) Investigations and discovery

“(1) Investigations—The Office shall have the authority to conduct investigations regarding complaints of covered harassment filed under this section, including investigations with respect to practices experienced by former covered employees that may be covered harassment.

“(2) Discovery—Reasonable prehearing discovery may be permitted at the discretion of the hearing officer regarding a complaint filed under this section.”

Sec. 215 Civil action

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

Sec. 216 Personal liability of Members of Congress for payment of settlements and awards

Section 415 of the Congressional Accountability Act of 1995 (2 U.S.C. 1415) is amended by adding at the end the following:

“(d) Personal liability of Members of Congress for payment of settlements and awards

“(1) In general—If a payment is made from the account described in subsection (a) for an award or settlement resulting from harassment described in paragraph (2), the Member of Congress who committed the harassment shall reimburse the account for the amount of the award or settlement.

“(2) Harassment—The harassment referred to in paragraph (1) is—

“(A) quid pro quo covered harassment that was committed personally by a Member of Congress; or

“(B) hostile environment covered harassment that a Member of Congress committed by personally creating a hostile environment.”

Sec. 217 Confidentiality

Section 416 of the Congressional Accountability Act of 1995 (2 U.S.C. 1416) is amended by adding at the end the following:

“(g) Waiver—A covered employee who requests, under this title, counseling or another proceeding for consideration of alleged covered harassment may waive the employee’s right to confidentiality under this section during counseling or at any time after the last proceeding sought by the employee under this title has concluded (including after settlement or a voluntary termination of that proceeding).”

Sec. 218 Office of Congressional Workplace Rights

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

“III Office of Congressional Workplace Rights

“301. Establishment of Office of Congressional Workplace Rights”

Sec. 219 Conforming amendments

(a)
In general— Section 415(c) of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(c)) is amended by striking “section 201(a)(3)” and inserting “section 201(a)(1)(C)”.
(b)
Table of contents— The table of contents in section 1(b) the Congressional Accountability Act of 1995 is amended—
(1)
by striking the item relating to the part heading for part A of title II and inserting the following:
(2)
in the items relating to part E of title II, by adding at the end the following:
(3)
by striking the items relating to the title heading for title III, and section 301, and inserting the following: