Title III — Pub. L. 115-397

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.”

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)—

“(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)

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. 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.”.

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

“(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)

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. Training and Education Programs of Other Employing Offices.

(a)

Requiring Offices to Develop and Implement Programs.— Title V (2 U.S.C. 1431 et seq.) is amended—

(1)

by redesignating section 509 as section 510; and

(2)

by inserting after section 508 the following new section:

“SEC. 509. TRAINING AND EDUCATION PROGRAMS OF EMPLOYING OFFICES.

“(a) Requiring Offices to Develop and Implement Programs.—Each employing office shall develop and implement a program to train and educate covered employees of the office in the rights and protections provided under this Act, including the procedures available under title IV to consider alleged violations of this Act.

“(b) Report to Committees.—

“(1) In general.—Not later than 45 days after the beginning of each Congress (beginning with the One Hundred 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.

“(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), 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. 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) 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), 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”.

(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)

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

Title III — Miscellaneous Reforms

TITLE III Miscellaneous Reforms