,i #aaeth ,,congress #ast ,session ,h4 ,r4 #dcif ,,in ,,the ,,house ,,of ,,representatives ,november #ae1 #bjag,ms4 ,speier 7for herself1 ,mr4 ,costello of ,pennsylvania1 ,ms4 ,kuster of ,new ,hampshire1 ,mr4 ,poliquin1 ,mr4 ,fitzpatrick1 and ,mr4 ,raskin7 introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to amend the ,congressional ,accountability ,act of #aiie to reform the procedures provided under such ,act for the investigation and resolution of allegations that employing offices of the legislative branch have violated the rights and protections provided to their employees under such ,act1 including protections against sexual harassment1 to require the updating of programs of sexual harassment prevention and response training in employment1 to institute biennial employment discrimination climate surveys1 and for other purposes4 #a4 ,short title2 references in ,act2 table of contents 7a7 ,short title ,this ,act may be cited as the ,member and ,employee ,training and ,oversight ,on ,congress ,act or the ,,me ,,too ,congress ,act4 7b7 ,references in ,act ,except as otherwise expressly provided1 whenever in this ,act an amendment is expressed in terms of an amendment to or repeal of a section or other provision1 the reference shall be considered to be made to that section or other provision of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq474 7c7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 references in ,act2 table of contents4 ,title ,i--,reform of ,procedures for ,investigation and ,resolution of ,complaints ,sec4 #aja4 ,waiving counseling and mediation as prerequisite for filing of complaint or civil action4 ,sec4 #ajb4 ,separation of investigative and adjudicative roles in hearings4 ,sec4 #ajc4 ,victims' ,counsel4 ,sec4 #ajd4 ,prohibiting imposition of nondisclosure agreements4 ,sec4 #aje4 ,availability of remote work assignment or paid leave of absence during pendency of procedures4 ,sec4 #ajf4 ,electronic reporting system4 ,sec4 #ajg4 ,requiring parties to be separated during mediation at request of employee4 ,sec4 #ajh4 ,deadline for completion of hearings4 ,sec4 #aji4 ,clarification of authority of parties to reach agreements without approval of congressional committees4 ,sec4 #aaj4 ,modification of rules on confidentiality of proceedings4 ,title ,,ii--,improving ,training and ,transparency ,sec4 #bja4 ,requirements for programs of sexual harassment prevention and response training in employment4 ,sec4 #bjb4 ,personal liability of ,members of ,congress for payment of settlements and awards4 ,sec4 #bjc4 ,reports on complaints and payments4 ,sec4 #bjd4 ,employment discrimination climate surveys of ,members and employees of ,congress4 ,title ,,iii--,miscellaneous ,reforms ,sec4 #cja4 ,extension to unpaid staff of rights and protections against employment discrimination4 ,sec4 #cjb4 ,application of whistleblower protection rules4 ,sec4 #cjc4 ,renaming ,office of ,compliance as ,office of ,congressional ,workplace ,rights4 ,title ,,iv--,effective ,date ,sec4 #dja4 ,effective date4 ,i ,reform of ,procedures for ,investigation and ,resolution of ,complaints #aja4 ,waiving counseling and mediation as prerequisite for filing of complaint or civil action 7a7 ,waiving counseling2 permitting initial request ,to be made anonymously ,the first sentence of section #djb7;a7 7#b ,u4,s4,c4 #adjb7;a77 is amended to read as follows3 ,a covered employee alleging a violation of law made applicable under part ,a of title ,,ii may1 at the option of the covered employee1 request counseling by the ,office1 and may make the request anonymously44 7b7 ,waiving mediation ,section #djc7;a7 7#b ,u4,s4,c4 #adjc7;a77 is amended to read as follows3 7a7 ,initiation ,in the case of a covered employee who alleged a violation of a law and who requested counseling by the ,office under section #djb7;a71 not later than #ae days after receipt by the employee of notice of the end of the counseling period under such section1 the employee may1 at the option of the employee1 file a request for mediation with the ,office4 4 7c7 ,time for election of proceeding2 permitting initial election ,to be made anonymously ,section #djd 7#b ,u4,s4,c4 #adjd7 is amended to read as follows3 #djd4 ,election of proceeding 7a7 ,election ,not later than the applicable deadline under subsection 7b71 a covered employee alleging a violation of a law made applicable under part ,a of title ,,ii may either-- 7#a7 file a complaint with the ,office in accordance with section #dje2 or 7#b7 file a civil action in accordance with section #djh in the ,united ,states district court for the district in which the employee is employed or for the ,district of ,columbia4 7b7 ,applicable deadline ,the applicable deadline under this subsection is-- 7#a7 in the case of a covered employee who requests counseling by the ,office under section #djb but who does not request mediation under section #djc1 not later than #ij days after the end of the period of counseling under section #djb2 7#b7 in the case of a covered employee who requests counseling by the ,office under section #djb and mediation under section #djc1 not later than #ij days after the end of the period of mediation under section #djc2 or 7#c7 in the case of any other covered employee1 not later than #ahj days after the date of the alleged violation4 4 7d7 ,conforming amendment ,section #dje7;a7 7#b ,u4,s4,c4 #adje7;a77 is amended by striking 1 upon the completion of mediation under section #djc14 #ajb4 ,separation of investigative and adjudicative roles in hearings 7a7 ,use of separate investigative authority ,section #dje7;e7 7#b ,u4,s4,c4 #adje7;e77 is amended to read as follows3 7e7 ,investigative authority 7#a7 ,use of separate authority to conduct investigations ,the investigation of any complaint filed under this section shall be carried out by an investigative authority assigned by the ,board1 who may be an employee of the ,office or a contractor designated by the ,office for purposes of carrying out investigations under this section1 except that the hearing officer appointed to consider the complaint may not serve as the investigative authority with respect to the complaint4 7#b7 ,types of investigations authorized 7,a7 ,initial statement ,the investigative authority assigned to investigate a complaint may require the covered employee who filed the complaint to provide an initial statement which includes the following information3 7i7 ,a statement of each specific harm relating to the complaint that the employee has suffered and the date on which each harm occurred4 7ii7 ,for each such harm1 a statement specifying the act1 policy or practice which is alleged to be in violation of part ,a of title ,,ii4 7iii7 ,for each act1 policy1 or practice alleged to have harmed the covered employee1 a statement of the facts which led the person claiming to be aggrieved to believe that the act1 policy or practice is in violation of part ,a of title ,,ii4 7,b7 ,fact-finding conference with parties to the complaint ,as part of its investigation of a complaint1 the investigative authority may require a fact-finding conference with the parties in order to define the issues arising from the complaint1 to determine which elements of the complaint are undisputed1 to resolve those issues that can be resolved1 and to ascertain whether there is a basis for negotiated settlement of the complaint4 ,at the request of the covered employee involved1 the investigative authority shall ensure that the parties are separated during this conference4 7,c7 ,other forms of investigation ,in addition to the types of investigative activity described in subparagraphs 7,a7 and 7,b71 the investigative authority may carry out such other types of investigative activity with respect to a complaint as it considers appropriate1 including prehearing discovery and the issuance of subpoenas in accordance with subsection 7f74 4 7b7 ,conforming amendments relating to subpoena authority ,section #dje7;f7 7#b ,u4,s4,c4 #adje7;f77 is amended-- 7#a7 in paragraph 7#a71 by striking a hearing officer may issue subpoenas and inserting an investigative authority under subsection 7e7 may issue subpoenas2 and 7#b7 in paragraph 7#b71 by striking in connection with a proceeding before a hearing officer and inserting in connection with a complaint under this section4 #ajc4 ,victims' ,counsel 7a7 ,availability of ,victims' ,counsel ,title ,,iv 7#b ,u4,s4,c4 #adja et seq47 is amended by inserting after section #djg the following new section3 #djg;,a4 ,victims' ,counsel 7a7 ,availability of ,counsel 7#a7 ,in general ,a covered employee who alleges a violation of part ,a of title ,,ii shall be offered the option of receiving assistance from a ,victims' ,counsel under this section upon-- 7,a7 the employee's request for counseling by the ,office under section #djb1 in the case of a covered employee who makes such a request2 or 7,b7 the filing by the employee of a complaint with the ,office in accordance with section #dje1 in the case of a covered employee who does not make a request for counseling by the ,office under section #djb4 7#b7 ,timing of providing option to receive assistance ,prior to requesting any statement from an individual described in paragraph 7#a7 regarding the allegation made by the individual 7including an individual who makes the allegation anonymously in requesting counseling under section #djb71 or conducting any other form of investigation of the allegation1 the ,office shall notify the individual of the availability of assistance from a ,victims' ,counsel under this section4 7#c7 ,continuing availability of assistance ,the ,office shall inform an individual described in paragraph 7#a7 that if the individual declines the assistance of a ,victims' ,counsel1 in whole or in part1 at the time the assistance is offered under paragraph 7#a71 the individual may subsequently request such assistance and such assistance will be provided to the individual4 7b7 ,designation 7#a7 ,in general ,the ,board shall designate legal counsel1 to be known as ,victims' ,counsel1 to-- 7,a7 provide legal assistance in accordance with this section to a covered employee who alleges a violation of part ,a of title ,,ii2 and 7,b7 provide counseling by the ,office under section #djb for a covered employee who alleges a violation of part ,a of title ,,ii and who requests counseling under such section4 7#b7 ,qualifications ,an individual may not be designated as a ,victims' ,counsel under this section unless the individual-- 7,a7 is an attorney who is a member of the bar of a ,federal court or of the highest court of a ,state2 and 7,b7 is certified as competent to be designated as a ,victims' ,counsel by the ,executive ,director4 7#c7 ,training requirements ,the ,office shall-- 7,a7 establish the baseline training requirements for a ,victims' ,counsel2 and 7,b7 develop a policy to standardize the time period within which a ,victims' ,counsel receives training4 7#d7 ,authority to provide assistance in any jurisdiction ,notwithstanding any law regarding the licensure of attorneys1 a ,victims' ,counsel who is authorized to provide assistance under this section is authorized to provide that assistance in any jurisdiction1 subject to such regulations as may be prescribed by the ,office4 7c7 ,types of legal assistance authorized ,the types of legal assistance that a ,victims' ,counsel may provide to a covered employee who alleges a violation of part ,a of title ,,ii include the following3 7#a7 ,legal consultation regarding potential liability1 including criminal liability1 arising from or in relation to the circumstances surrounding the alleged violation and the covered employee's rights under this ,act4 7#b7 ,legal consultation regarding the responsibilities and support provided to the covered employee under this ,act4 7#c7 ,legal consultation regarding the potential for civil litigation against other parties 7other than the ,united ,states7 arising from the alleged violation4 7#d7 ,legal consultation regarding procedures under this ,act and procedures applicable to civil actions arising from the alleged violation1 including-- 7,a7 the roles and responsibilities of the ,office1 the ,house ,employment ,counsel1 and similar authorities2 7,b7 any proceedings conducted under this ,act or pursuant to a civil action which the covered employee may observe2 7,c7 the authority of a hearing officer to compel cooperation and testimony under proceedings held under section #dje2 and 7,d7 the covered employee's duties relating to such proceedings1 including the responsibility to testify4 7#e7 ,representing the covered employee at any proceedings in connection with the complaint1 other than a civil action under section #djf4 7#f7 ,legal consultation and assistance-- 7,a7 in personal civil legal matters related to the covered employee's complaint 7other than a civil action under section #djf72 7,b7 in any proceedings of the ,office1 the ,committee on ,ethics of the ,house of ,representatives 7including the ,office of ,congressional ,ethics71 the ,select ,committee on ,ethics of the ,senate1 or any other administrative or judicial body related to the covered employee's complaint2 7,c7 in understanding the availability of1 and obtaining any protections offered by1 protecting or restraining orders2 and 7,d7 in understanding the eligibility and requirements for obtaining any employment or other benefits under ,state and ,federal victims' compensation programs4 7d7 ,nature of relationship ,the relationship between a ,victims' ,counsel and a covered employee in the provision of legal advice and assistance under this section shall be the relationship between an attorney and client 4 7b7 ,conforming amendment relating to responsibility of ,victims' ,counsel ,to carry out counseling ,section #djb 7#b ,u4,s4,c4 #adjb7 is amended by adding at the end the following new subsection3 7d7 ,role of ,victims' ,counsel ,if a covered employee who requests counseling under this section also requested the assistance of a ,victims' ,counsel under section #djg;,a1 the ,victims' ,counsel assigned to provide assistance to the employee shall carry out the counseling for the ,office under this section4 4 7c7 ,clerical amendment ,the table of contents is amended by inserting after the item relating to section #djg the following new item3 ,sec4 #djg;,a4 ,victims' ,counsel4 4 #ajd4 ,prohibiting imposition of nondisclosure agreements ,section #dja 7#b ,u4,s4,c4 #adja7 is amended-- 7#a7 by striking ,except as otherwise provided and inserting 7a7 ,procedures available4--,except as otherwise provided2 and 7#b7 by adding at the end the following new subsection3 7b7 ,prohibiting imposition of nondisclosure agreements as prerequisite for procedures 7#a7 ,in general ,a nondisclosure agreement may not be imposed on any party as a condition of the initiation of any of the procedures available under this title for consideration of a violation of part ,a of title ,,ii unless the duration of the agreement is for a finite period of time agreed to by all of the parties involved1 including the covered employee and the employing office4 7#b7 ,exceptions ,nothing in paragraph 7#a7 may be construed to prohibit the parties to any procedure available under this title from entering into-- 7,a7 a nondisclosure agreement agreed to by all of the parties involved regarding the contents of any mediation conducted under section #djc1 so long as the agreement does not apply after the conclusion of the mediation2 or 7,b7 a nondisclosure agreement agreed to by all of the parties involved as part of the settlement of any complaint filed with the ,office in accordance with section #dje or any civil action initiated in accordance with section #djh4 4 #aje4 ,availability of remote work assignment or paid leave of absence during pendency of procedures ,section #dja 7#b ,u4,s4,c4 #adja71 as amended by section #ajd1 is further amended by adding at the end the following new subsection3 7c7 ,availability of remote work assignment or paid leave of absence during pendency of procedures 7#a7 ,requirements for employing offices 7,a7 ,remote work assignment ,at the request of a covered employee who alleges a violation of part ,a of title ,,ii by the covered employee's employing office1 during the pendency of any of the procedures available under this title for consideration of the violation1 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 office4 7,b7 ,exception for work assignments required to be carried out onsite ,if1 in the determination of the covered employee's employing office1 a covered employee who makes a request under this paragraph cannot carry out the employee's responsibilities from a remote location1 the employing office shall grant paid leave of absence to a covered employee during the pendency of the procedures available under this title for the covered employee4 7#b7 ,exclusion from cap on number of employees of office of ,member or committee of the ,house of ,representatives ,if the office of a ,member or committee of the ,house of ,representatives grants a covered employee of such office a paid leave of absence under paragraph 7#a71 during the period in which the employee is on the paid leave of absence1 the employee shall not be counted among the number of employees of the office-- 7,a7 in the case of the office of a ,member of the ,house1 for purposes of section #ajd7;a7 of the ,house of ,representatives ,administrative ,reform ,technical ,corrections ,act 7#b ,u4,s4,c4 #ecba7;a772 or 7,b7 in the case of the office of a committee of the ,house1 for purposes of any rule or regulation of the ,house which governs the number of employees the committee may appoint4 7#c7 ,exception for arrangements subject to collective bargaining agreements ,paragraph 7#a7 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 office4 4 #ajf4 ,electronic reporting system ,section #dja 7#b ,u4,s4,c4 #adja71 as amended by section #ajd and section #aje1 is further amended by adding at the end the following new subsection3 7d7 ,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 title1 and which will keep an electronic record of the date and time at which the proceeding is initiated4 4 #ajg4 ,requiring parties to be separated during mediation at request of employee ,section #djc7;b77#b7 7#b ,u4,s4,c4 #adjc7;b77#b77 is amended by striking meetings with the parties separately or jointly and inserting meetings with the parties during which1 at the request of the covered employee1 the parties shall be separated14 #ajh4 ,deadline for completion of hearings 7a7 ,in general ,section #dje7;g7 7#b ,u4,s4,c4 #adje7;g77 is amended by striking #ij days after the conclusion of the hearing and inserting the earlier of #ij days after the conclusion of the hearing or #ahj days after the filing of the complaint under subsection 7a74 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to complaints filed under section #dje of the ,congressional ,accountability ,act 7#b ,u4,s4,c4 #adje7 on or after the date of the enactment of this ,act4 #aji4 ,clarification of authority of parties to reach agreements without approval of congressional committees 7a7 ,in general ,section #dad 7#b ,u4,s4,c4 #adad7 is amended-- 7#a7 by striking ,any settlement and inserting 7a7 ,criteria for settlement4--,any settlement2 and 7#b7 by adding at the end the following new subsection3 7b7 ,authority of parties ,to reach agreements without specific approval of committees ,any counsel representing an employing office in any proceeding referred to in subsection 7a7 has the authority to negotiate the terms and conditions of any settlement of any such proceeding1 including making the final determination of any amount paid to any party1 without the approval of any committee of ,congress4 4 7b7 ,conforming amendment relating to authority of committees ,to determine range of appropriate settlement amounts ,section #dad7;a7 7#b ,u4,s4,c4 #adad7;a771 as amended by subsection 7a71 is amended by striking the period at the end and inserting the following3 1 including rules setting forth a range of appropriate settlement amounts for various types of violations of this ,act or any amendment made by this ,act44 #aaj4 ,modification of rules on confidentiality of proceedings 7a7 ,counseling ,section #daf7;a7 7#b ,u4,s4,c4 #adaf7;a77 is amended by striking ,all counseling and inserting ,at the request of the covered employee who requests counseling1 all counseling4 7b7 ,mediation ,section #daf7;b7 7#b ,u4,s4,c4 #adaf7;b77 is amended by striking ,all mediation and inserting ,all information discussed or disclosed in the course of any mediation4 ,,ii ,improving ,training and ,transparency #bja4 ,requirements for programs of sexual harassment prevention and response training in employment 7a7 ,requirements for programs ,section #cja 7#b ,u4,s4,c4 #acha7 is amended by adding at the end the following new subsection3 7l7 ,special requirements for programs of sexual harassment prevention and response training in employment 7#a7 ,elements of program ,the ,office shall include among the programs carried out under subsection 7h7 a program of sexual harassment prevention and response training in employment which provides at least one hour of training and which includes the following elements3 7,a7 ,practical examples1 derived from situations easily recognizable to employees of the employing offices involved1 which are aimed at instructing supervisors in the prevention of harassment1 discrimination1 and retaliation1 and at instructing employees in how to recognize situations of harassment4 7,b7 ,information regarding the rights of employees1 the options for reporting complaints1 and an overview of the dispute resolution process4 7,c7 ,training regarding bystander intervention4 7,d7 ,an overview of the consequences for perpetrating sexual harassment4 7,e7 ,information regarding anti-retaliation policies for witnesses to or individuals who experience sexual harassment and come forward to report it4 7,f7 ,interactive methods of instruction which apply adult learning methodology4 7#b7 ,additional information for heads of offices and senior staff 7,a7 ,information described ,in addition to the program described in paragraph 7#a71 the ,office shall provide specific instruction to the heads of employing offices 7including ,members of ,congress7 and to the senior staff of employing offices on the following issues relating to sexual harassment3 7i7 ,the steps such an individual should take upon becoming aware of an incident of sexual harassment involving an employee of the employing office4 7ii7 ,the role of the ,office in investigating and responding to incidents of sexual harassment4 7iii7 ,the assistance such an individual may provide to an employee of the employing office who wishes to report an alleged incident of sexual harassment to the ,office for action under title ,,iv1 including informing the employee of the employee's rights and protections under such title1 the employee's options for reporting the incident1 and an overview of the procedures applicable under such title4 7iv7 ,the potential liability 7including financial liability7 which may arise from such an incident of sexual harassment1 including from a determination that the failure of the employing office to respond appropriately to such an incident is evidence of a hostile work environment in the employing office4 7,b7 ,senior staff defined ,in this paragraph1 the term senior staff means any individual who is required to file a report under title ,i of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app4 #aja et seq474 7#c7 ,consultation ,in carrying out the program described in paragraph 7#a71 the ,office shall consult with ,workplaces ,respond to ,domestic and ,sexual ,violence3 ,a ,national ,resource ,center 7also known as ,workplaces ,respond71 the nonprofit nongovernmental entity described in section #daeja of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abeja74 7#d7 ,definition ,for purposes of this subsection1 sexual harassment means any conduct directed at an individual which consists of unwelcome sexual advances1 requests for sexual favors1 any other conduct of a sexual nature1 or conduct based on the individual's sex if such conduct has the purpose or effect of interfering with the individual's work performance or creating an intimidating1 hostile1 or offensive working environment1 or if submission to or rejection of such conduct by the individual is used as the basis for employment decisions affecting the individual1 or if submission by the individual to such conduct is made either explicitly or implicitly a term or condition of the individual's employment4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect #ahj days after the date of the enactment of this ,act4 #bjb4 ,personal liability of ,members of ,congress for payment of settlements and awards ,section #dae 7#b ,u4,s4,c4 #adae7 is amended by adding at the end the following new subsection3 7d7 ,personal liability of ,members of ,congress for payment of settlements and awards ,if a payment is made from the account described in subsection 7a7 for an award or settlement resulting from a violation of part ,a of title ,,ii which was committed personally by a ,member of ,congress1 the ,member who committed the violation shall reimburse the account for the amount of the award or settlement4 4 #bjc4 ,reports on complaints and payments 7a7 ,requiring submission and publication of report ,section #cja7;h7 7#b ,u4,s4,c4 #acha7;h77 is amended-- 7#a7 by striking and at the end of paragraph 7#b72 7#b7 by striking the period at the end of paragraph 7#c7 and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#d7 in addition to compiling and publishing the statistics described in paragraph 7#c71 not later than #fj days after the end of each calendar year1 submit to ,congress and publish on the ,office's public website a report identifying each employing office with respect to which an award or settlement was paid during the previous year as the result of an allegation made of a violation of part ,a of title ,,ii1 the number of such allegations made against the employing office1 and the amount of the award or settlement1 except that such report may not disclose the identity of an individual who made such an allegation at any time4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to #bjag and each succeeding year4 #bjd4 ,employment discrimination climate surveys of ,members and employees of ,congress 7a7 ,requiring surveys ,title ,,iii 7#b ,u4,s4,c4 #acha et seq47 is amended by adding at the end the following new section3 #cjg4 ,employment discrimination climate surveys of ,members and employees of ,congress 7a7 ,requirement ,to conduct surveys ,not later than #ahj days after the date of the enactment of the ,,me ,,too ,congress ,act1 and every #b years thereafter1 the ,office shall conduct a survey of ,members of ,congress and congressional staff regarding employment discrimination in congressional employment1 including a survey of the following3 7#a7 ,the prevalence of violations of part ,a of title ,,ii by offices of the ,house of ,representatives and the ,senate4 7#b7 ,the extent to which such violations arise from discrimination on the basis of sex1 race1 national origin1 sexual orientation1 gender identity1 disability1 and other demographic characteristics4 7#c7 ,the existence of a hostile work environment in offices of ,congress4 7#d7 ,whether congressional staff are able to effectively exercise the rights and protections provided under this ,act1 including the effectiveness of the procedures applicable under this ,act for investigating and punishing violations of part ,a of title ,,ii4 7b7 ,special requirements for surveys of sexual harassment 7#a7 ,in general ,in each survey conducted under this section1 the ,office shall survey respondents regarding the prevalence of and attitudes regarding sexual harassment in congressional employment1 including collecting information regarding specific incidents of harassment and the context in which such incidents occurred4 7#b7 ,compilation of information by various categories ,the ,office shall compile information from the survey on the basis of various categories of demographic characteristics1 including race1 sexual orientation1 and age1 so that the survey will report on the rates of incidents of sexual harassment affecting each such category4 7#c7 ,consultation2 technical assistance ,the ,office shall develop the survey regarding sexual harassment in consultation with offices of the executive branch which currently conduct similar surveys of their employees1 including the ,sexual ,assault ,prevention and ,response ,office of the ,department of ,defense1 the ,office of ,violence ,against ,women of the ,department of ,justice1 the ,merit ,systems ,protection ,board4 ,additionally1 in developing the survey1 the ,office shall enter into agreement to receive technical assistance from ,workplaces ,respond to ,domestic and ,sexual ,violence3 ,a ,national ,resource ,center 7also known as ,workplaces ,respond71 the nonprofit nongovernmental entity described in section #daeja of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abeja74 7c7 ,methodology ,the ,office shall conduct each survey under this section in accordance with the following3 7#a7 ,all responses to all portions of the survey shall be anonymous and confidential1 and each respondent shall be told throughout the survey that all responses shall be anonymous and confidential4 7#b7 ,the ,office shall design the survey so that it will take no more than #ae minutes to complete1 and so that it may be taken online through the use of both stationary communication devices 7such as desktop computers7 and portable communication devices 7such as cell phones and tablets74 7#c7 ,the ,office shall include in the survey a list of resources available to respondents who wish to get more information about employment discrimination in congressional employment1 including the services the ,office provides to individuals who allege violations of part ,a of title ,,ii4 7#d7 ,subject to regulations promulgated by the ,committee on ,house ,administration of the ,house of ,representatives 7in the case of a survey taken by a ,member or employee of the ,house7 or the ,committee on ,rules and ,administration of the ,senate 7in the case of a survey taken by a ,senator or employee of the ,senate71 the ,office may offer a de minimis payment to an individual as an incentive to complete the survey4 4 7b7 ,clerical amendment ,the table of contents is amended by adding at the end of the items relating to title ,,iii the following new item3 ,sec4 #cjg4 ,employment discrimination climate surveys of ,members and employees of ,congress4 4 ,,iii ,miscellaneous ,reforms #cja4 ,extension to unpaid staff of rights and protections against employment discrimination ,section #bja 7#b ,u4,s4,c4 #acaa7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,application to unpaid staff 7#a7 ,in general ,subsections 7a7 and 7b7 shall apply with respect to any staff of an employing office who carry out official duties of the employing office but who are not paid by the employing office for carrying out such duties1 including an intern 7including an applicant for an internship and a former intern71 an individual detailed to an employing office1 and an individual participating in a fellowship program1 in the same manner and to the same extent as such subsections apply with respect to an employee4 7#b7 ,intern defined ,the term intern means an individual who performs uncompensated voluntary service for an employing office to earn credit awarded by an educational institution or to learn a trade or occupation1 and includes any individual participating in a page program operated by any ,house of ,congress4 4 #cjb4 ,application of whistleblower protection rules 7a7 ,in general ,part ,a of title ,,ii 7#b ,u4,s4,c4 #acaa et seq47 is amended-- 7#a7 in the heading1 by striking fair labor standards1 and all that follows and inserting and other protections and benefits2 7#b7 by redesignating section #bjg as section #bjh2 and 7#c7 by inserting after section #bjf the following new section3 #bjg4 ,rights and protections under whistleblower protection rules 7a7 ,rights and ,protections ,described 7#a7 ,in general ,no employing office may take or fail to take1 or threaten to take or fail to take1 a personnel action 7within the meaning of chapter #bc of title #e1 ,united ,states ,code7 with respect to any covered employee or applicant for employment because of-- 7,a7 any disclosure of information by a covered employee or applicant which the employee or applicant reasonably believes evidences-- 7i7 a violation of any law1 rule1 or regulation1 or 7ii7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety1 if such disclosure is not specifically prohibited by law and if such information is not specifically required by ,executive order or the rules of the ,house of ,representatives or ,senate to be kept secret in the interest of national defense or the conduct of foreign affairs2 or 7,b7 any disclosure to the ,general ,counsel1 or to the ,inspector ,general of an executive agency or office of the legislative branch or another employee designated by the head of the agency or office to receive such disclosures1 of information which the employee or applicant reasonably believes evidences-- 7i7 a violation of any law1 rule1 or regulation1 or 7ii7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety4 7#b7 ,definitions ,for purposes of this section and for purposes of applying the procedures established under title ,,iv for the consideration of alleged violations of this section-- 7,a7 the term covered employee includes an employee of the ,government ,accountability ,office or the ,library of ,congress2 and 7,b7 the term employing office includes the ,government ,accountability ,office and the ,library of ,congress4 7b7 ,remedy ,the remedy for a violation of subsection 7a7 shall be such remedy as would be appropriate if awarded under chapter #ab of title #e1 ,united ,states ,code1 with respect to a prohibited personnel practice described in section #bcjb7;b77#h7 of such title4 7c7 ,regulations ,to ,implement ,section 7#a7 ,in general ,the ,board shall1 pursuant to section #cjd1 issue regulations to implement this section4 7#b7 ,agency regulations ,the regulations issued under paragraph 7#a7 shall be the same as the substantive regulations promulgated by the ,merit ,systems ,protection ,board to implement chapters #ab and #bc of title #e1 ,united ,states ,code1 except to the extent that the ,board of ,directors may determine1 for good cause shown and stated together with the regulation1 that a modification of such regulations would be more effective for the implementation of the rights and protections under this section4 4 7b7 ,conforming ,amendment ,section #ajb7;a7 7#b ,u4,s4,c4 #acjb7;a77 is amended by adding at the end the following new paragraph3 7#ab7 ,section #bcjb7;b77#h7 of title #e1 ,united ,states ,code4 4 7c7 ,clerical ,amendment ,the table of contents for part ,a of title ,,ii is amended-- 7#a7 in the item relating to part ,a1 by striking ,fair ,labor ,standards1 and all that follows and inserting and ,other ,protections and ,benefits2 7#b7 by redesignating the item relating to section #bjg as relating to section #bjh2 and 7#c7 by inserting after the item relating to section #bjf the following3 ,sec4 #bjg4 ,rights and protections under whistleblower protection rules4 4 #cjc4 ,renaming ,office of ,compliance as ,office of ,congressional ,workplace ,rights 7a7 ,renaming ,section #cja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acha et seq47 is amended-- 7#a7 in the heading1 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights2 and 7#b7 in subsection 7a71 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7b7 ,conforming amendments to ,congressional ,accountability ,act of #aiie ,the ,congressional ,accountability ,act of #aiie is amended as follows3 7#a7 ,in section #aja7a7 7#b ,u4,s4,c4 #acja7a771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#b7 ,in section #aja7b7 7#b ,u4,s4,c4 #acja7b771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#c7 ,in section #aja7c77;,h7 7#b ,u4,s4,c4 #acja7c77;,h771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#d7 ,in section #aja7i77;,d7 7#b ,u4,s4,c4 #acja7i77;,d771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#e7 ,in section #aja7aj7 7#b ,u4,s4,c4 #acja7aj771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#f7 ,in section #aja7aa7 7#b ,u4,s4,c4 #acja7aa771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#g7 ,in section #aja7ab7 7#b ,u4,s4,c4 #acja7ab771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#h7 ,in section #baj7;a77#i7 7#b ,u4,s4,c4 #acca7;a77#i771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#i7 ,in section #bae7;e77#a7 7#b ,u4,s4,c4 #acda7;e77#a771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#aj7 ,in section #bbj7;e77#b77;,g7 7#b ,u4,s4,c4 #acea7;e77#b77;,g771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#aa7 ,in the heading of title ,,iii1 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#ab7 ,in section #cjd7;c77#d7 7#b ,u4,s4,c4 #achd7;c77#d771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7#ac7 ,in section #cjd7;c77#e7 7#b ,u4,s4,c4 #achd7;c77#e771 by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7c7 ,clerical amendments ,the table of contents is amended-- 7#a7 by amending the item relating to the heading of title ,,iii to read as follows3 ,title ,,iii--,office of ,congressional ,workplace ,rights 2 and 7#b7 by amending the item relating to section #cja to read as follows3 ,sec4 #cja4 ,office of ,congressional ,workplace ,rights4 4 7d7 ,references in other laws1 rules1 and regulations ,any reference to the ,office of ,compliance in any law1 rule1 regulation1 or other official paper in effect as of the effective date of this ,act shall be considered to refer and apply to the ,office of ,congressional ,workplace ,rights4 ,,iv ,effective ,date #dja4 ,effective date ,except as otherwise provided1 this ,act and the amendments made by this ,act shall take effect upon the expiration of the #ahj-;day period which begins on the date of the enactment of this ,act4