,,ii #aaeth ,,congress #ast ,session ,s4 #bbcf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ad1 #bjag,mrs4 ,gillibrand 7for herself1 ,mr4 ,cruz1 ,mr4 ,booker1 ,mrs4 ,ernst1 ,ms4 ,murkowski1 ,ms4 ,baldwin1 ,mrs4 ,shaheen1 ,mrs4 ,feinstein1 ,mr4 ,gardner1 ,mr4 ,portman1 ,mr4 ,graham1 ,mr4 ,sullivan1 ,mr4 ,cornyn1 ,ms4 ,harris1 ,ms4 ,hassan1 ,ms4 ,cortez ,masto1 ,mr4 ,blumenthal1 ,ms4 ,hirono1 ,ms4 ,warren1 and ,mrs4 ,mc,caskill7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to require covered discrimination and covered harassment awareness and prevention training for ,members1 officers1 employees1 interns1 fellows1 and detailees of ,congress within #cj days of employment and annually thereafter1 to require a biennial climate survey of ,congress1 to amend the enforcement process under the ,office of ,congressional ,workplace ,rights for covered discrimination and covered harassment complaints1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,congressional ,harassment ,reform ,act4 ,i ,training and climate survey #aja4 ,definitions ,in this title3 7#a7 ,covered discrimination ,the term covered discrimination means-- 7,a7 discrimination described in any of subparagraphs 7,a7 through 7,e7 of paragraph 7#b72 7,b7 discrimination prohibited by section #bja1 #bjf1 or #baj of the ,congressional ,accountability ,act of #aiie2 or 7,c7 a violation of section #bjg of such ,act that is related to discrimination described in subparagraph 7,a7 or 7,b74 7#b7 ,covered harassment ,the term covered harassment means harassment that is-- 7,a7 discrimination because of race1 color1 religion1 sex1 or national origin under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,b7 discrimination because of age under the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7,c7 discrimination on the basis of disability under title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq47 or section #eja of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia72 7,d7 discrimination because of genetic information under title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq472 or 7,e7 discrimination on the basis of status concerning service in a uniformed service under section #dcaa7;a7 of title #ch1 ,united ,states ,code4 7#c7 ,covered office of the ,house of ,representatives ,the term covered office of the ,house of ,representatives means an office1 including a joint commission or joint committee1 employing employees of the ,house of ,representatives4 7#d7 ,covered office of the ,senate ,the term covered office of the ,senate means an office1 including a joint commission or joint committee1 employing employees of the ,senate4 7#e7 ,covered position in the ,house of ,representatives ,the term covered position in the ,house of ,representatives means a position as-- 7,a7 a ,member of the ,house of ,representatives1 including a ,delegate or ,resident ,commissioner to ,congress2 7,b7 an elected or appointed officer of the ,house of ,representatives2 7,c7 an employee of the ,house of ,representatives2 7,d7 an intern or fellow in a covered office of the ,house of ,representatives-- 7i7 without regard to whether the intern or fellow receives compensation2 and 7ii7 in the case of an intern or fellow that does receive compensation1 without regard to the source of the compensation2 or 7,e7 a detailee in a covered office of the ,house of ,representatives1 without regard to whether the service is on a reimbursable basis4 7#f7 ,covered position in the ,senate ,the term covered position in the ,senate means a position as-- 7,a7 a ,member of the ,senate2 7,b7 an elected or appointed officer of the ,senate2 7,c7 an employee of the ,senate2 7,d7 an intern or fellow in a covered office of the ,senate-- 7i7 without regard to whether the intern or fellow receives compensation2 and 7ii7 in the case of an intern or fellow that does receive compensation1 without regard to the source of the compensation2 or 7,e7 a detailee in a covered office of the ,senate1 without regard to whether the service is on a reimbursable basis4 7#g7 ,employee of the ,house of ,representatives ,the term employee of the ,house of ,representatives means an employee whose pay is disbursed by the ,chief ,administrative ,officer of the ,house of ,representatives1 without regard to the term of the appointment4 7#h7 ,employee of the ,senate ,the term employee of the ,senate means an employee whose pay is disbursed by the ,secretary of the ,senate1 without regard to the term of the appointment4 7#i7 ,head of a covered office ,the term head of a covered office1 when used with respect to a covered office of the ,senate or a covered office of the ,house of ,representatives1 means the ,member of ,congress1 elected or appointed officer of ,congress1 or manager of the covered office having final authority to appoint1 hire1 discharge1 and set the terms1 conditions1 or privileges of the employment of the employees employed by the covered office4 7#aj7 ,initial training date ,the term initial training date means1 with respect to an individual in a covered position in the ,house or an individual in a covered position in the ,senate1 the first date on which the applicable training required for such individual under section #ajb7;b7 is offered under section #ajb7;c74 7#aa7 ,manager of a covered office ,the term manager of a covered office1 when used with respect to a covered office of the ,senate or a covered office of the ,house of ,representatives1 means an employee of the covered office empowered to effect a significant change in the employment status of another employee of the covered office1 such as hiring1 firing1 failing to promote1 reassignment with significantly different responsibilities1 or a decision causing a change in benefits4 7#ab7 ,office of ,congressional ,workplace ,rights ,the term ,office of ,congressional ,workplace ,rights means the ,office of ,congressional ,workplace ,rights established under section #cja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acha71 as amended by section #bag 7formerly known as the ,office of ,compliance74 #ajb4 ,required covered discrimination and covered harassment awareness and prevention training for members1 officers1 employees1 interns1 fellows1 and detailees of ,congress within #cj days of employment and annually thereafter 7a7 ,establishment of rules requiring covered discrimination and covered harassment awareness and prevention training within #cj days of employment and annually thereafter 7#a7 ,requirements for the ,senate 7,a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,committee on ,rules and ,administration of the ,senate-- 7i7 shall issue rules that require-- 7,i7 each individual elected1 appointed1 or assigned to a covered position in the ,senate after the initial training date1 who was not serving in a covered position in the same covered office of the ,senate immediately before being so elected1 appointed1 or assigned1 to complete training described in subsections 7b7 and 7c7-- 7aa7 not later than #cj days after the date on which the individual begins serving in the covered position2 and 7bb7 annually thereafter as long as the individual serves in a covered position in the ,senate2 7,,ii7 each individual serving in a covered position in the ,senate on the initial training date1 to complete such training-- 7aa7 not later than #cj days after the initial training date2 and 7bb7 annually thereafter as long as the individual serves in a covered position in the ,senate2 and 7,,iii7 a designee of each covered office of the ,senate to-- 7aa7 annually submit to the ,committee a certification indicating whether each individual serving in a covered position in such covered office has completed such training2 and 7bb7 submit1 by not later than the last day of each ,congress1 to the ,secretary of the ,senate a certification indicating whether each individual serving in a covered position in such covered office has completed the training requirements under this title during that ,congress2 and 7ii7 may establish additional requirements for the training on covered discrimination and covered harassment awareness and prevention that is offered to individuals serving in covered positions in the ,senate under this section4 7,b7 ,coordination with other requirements ,in issuing rules under subparagraph 7,a77i71 the ,committee on ,rules and ,administration of the ,senate shall-- 7i7 review the requirements of ,s4 ,res4 #ccj 7#aaeth ,congress71 agreed to ,november #i1 #bjag2 and 7ii7 ensure that the rules issued under subparagraph 7,a77i7 meet the requirements of this title while preventing or limiting conflicts and duplication of requirements under the regulations or guidance issued under such ,senate ,resolution4 7#b7 ,requirements for the ,house of ,representatives 7,a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,committee on ,house ,administration of the ,house of ,representatives-- 7i7 shall issue rules that require-- 7,i7 each individual elected1 appointed1 or assigned to a covered position in the ,house of ,representatives after the initial training date1 who was not serving in a covered position in the same covered office of the ,house of ,representatives immediately before being so elected1 appointed1 or assigned1 to complete training described in subsections 7b7 and 7c7-- 7aa7 not later than #cj days after the date on which the individual begins serving in the covered position2 and 7bb7 annually thereafter as long as the individual serves in a covered position in the ,house of ,representatives2 7,,ii7 each individual serving in a covered position in the ,house of ,representatives on the initial training date1 to complete such training-- 7aa7 not later than #cj days after the initial training date2 and 7bb7 annually thereafter as long as the individual serves in a covered position in the ,house of ,representatives2 and 7,,iii7 a designee of each covered office of the ,house of ,representatives to-- 7aa7 annually submit to the ,committee a certification indicating whether each individual serving in a covered position in such covered office has completed the training2 and 7bb7 submit1 by not later than the last day of each ,congress1 to the ,chief ,administrative ,officer of the ,house of ,representatives a certification indicating whether each individual serving in a covered position in such covered office has completed the training requirements under this title during that ,congress2 and 7ii7 may establish additional requirements for the training on covered discrimination and covered harassment awareness and prevention offered to individuals serving in a covered position in the ,house of ,representatives under this section4 7,b7 ,coordination with other requirements ,in issuing rules under subparagraph 7,a77i71 the ,committee on ,house ,administration of the ,house of ,representatives shall-- 7i7 review the requirements of ,h4 ,res4 #fcj 7#aaeth ,congress71 agreed to ,november #bi1 #bjag2 and 7ii7 ensure that the rules issued under subparagraph 7,a77i7 meet the requirements of this title while preventing or limiting conflicts and duplication of requirements under the regulations issued under such ,house ,resolution4 7b7 ,requirements for training ,the training on covered discrimination and covered harassment awareness and prevention required under this section shall-- 7#a7 be provided by the ,office of ,congressional ,workplace ,rights2 7#b7 include-- 7,a7 information and practical guidance regarding any applicable ,federal laws concerning the prohibition against and the prevention and correction of covered discrimination and covered harassment and the rights of survivors of covered harassment in employment2 7,b7 practical examples aimed at instructing supervisors in the prevention of covered discrimination1 covered harassment1 and retaliation2 7,c7 presentations by individuals with knowledge and expertise in the prevention of covered discrimination1 covered harassment1 and retaliation2 7,d7 a discussion of the consequences for perpetrators of covered discrimination and covered harassment2 7,e7 information regarding the prohibition under the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 of retaliation against any witness to1 or individual who experiences1 covered discrimination or covered harassment and who has-- 7i7 opposed the covered discrimination or covered harassment2 or 7ii7 initiated proceedings1 made a charge1 or testified1 assisted1 or participated in any manner in a hearing or other proceeding relating to such covered discrimination or covered harassment2 7,f7 information regarding how an individual in a covered position in the ,senate or a covered position in the ,house of ,representatives reports covered discrimination or covered harassment to the ,office of ,congressional ,workplace ,rights2 7,g7 in the case of training provided to individuals who are ,members of ,congress 7including a ,delegate or ,resident ,commissioner to ,congress71 elected and appointed officers of ,congress1 heads of covered offices of ,congress1 and managers of covered offices of ,congress1 information regarding the role of such individuals in recognizing and responding to harassment and harassment complaints2 and 7,h7 any additional content required under paragraph 7#a77;,a77ii71 or 7#b77;,a77ii71 of subsection 7a7 by the ,committee on ,rules and ,administration of the ,senate or the ,committee on ,house ,administration of the ,house of ,representatives 7as applicable72 and 7#c7 require that an individual demonstrate mastery of the subject matter through an assessment in order to complete the training4 7c7 ,provision of training 7#a7 ,in general ,the ,office of ,congressional ,workplace ,rights shall-- 7,a7 by not later than #fj days after the date on which the ,committee on ,rules and ,administration of the ,senate and the ,committee on ,house ,administration of the ,house of ,representatives issue rules under paragraph 7#a7 or 7#b7 of subsection 7a71 develop and offer training on covered discrimination and covered harassment awareness and prevention that meets the requirements of subsection 7b71 subject to paragraph 7#b72 7,b7 periodically update the training on covered discrimination and covered harassment awareness and prevention1 including any materials relating to such training2 and 7,c7 periodically provide recordkeeping information to1 as applicable-- 7i7 the ,committee on ,house ,administration of the ,house of ,representatives2 7ii7 the ,committee on ,rules and ,administration of the ,senate2 7iii7 the ,committee on ,ethics of the ,house of ,representatives2 and 7iv7 the ,select ,committee on ,ethics of the ,senate1 regarding the individuals serving in covered positions in the ,senate or in covered positions in the ,house of ,representatives1 respectively1 who have completed the training 7#b7 ,consultation ,the ,office of ,congressional ,workplace ,rights shall1 in implementing the training described in paragraph 7#a71 consult with-- 7,a7 entities having significant expertise in identifying1 preventing1 and responding to covered harassment2 and 7,b7 covered harassment survivors or covered harassment confidential advisors4 7d7 ,publication of certifications for each ,congress 7#a7 ,publication of certification in the ,senate ,not later than #cj days after the first day of each ,congress1 the ,secretary of the ,senate shall publish each certification submitted to the ,secretary of the ,senate1 in accordance with the rules issued under subsection 7a77#a77;,a77i7 and the requirements of subsection 7a77#a77;,a77i77,,iii77bb71 with respect to the previous ,congress on the public website of the ,secretary of the ,senate4 7#b7 ,publication of certification in the ,house of ,representatives ,not later than #cj days after the first day of each ,congress1 the ,chief ,administrative ,officer of the ,house of ,representatives shall publish each certification submitted to the ,chief ,administrative ,officer of the ,house of ,representatives1 in accordance with the rules issued under subsection 7a77#b77;,a77i7 and the requirements of subsection 7a77#b77;,a77i77,,iii77bb71 with respect to the previous ,congress on the public website of the ,chief ,administrative ,officer of the ,house of ,representatives4 #ajc4 ,workplace climate survey of ,congress relating to covered discrimination and covered harassment ,not later than #abj days after the date of enactment of this ,act1 and every #b years thereafter1 the ,office of ,congressional ,workplace ,rights shall-- 7#a7 carry out an anonymous survey of individuals serving in covered positions in the ,senate or in covered positions in the ,house of ,representatives-- 7,a7 to determine-- 7i7 the scope of covered discrimination and covered harassment in ,congress2 7ii7 whether covered discrimination and covered harassment prevention and reform efforts are working to curb the prevalence of covered discrimination and covered harassment in ,congress2 and 7iii7 whether the complaint and reporting process regarding instances of covered discrimination and covered harassment in ,congress is sufficient2 and 7,b7 that does not request any information1 and is not conducted by any method1 that would make a respondent or respondent's office identifiable2 and 7#b7 7,a7 prepare a report regarding the findings of the survey described in paragraph 7#a7 that does not reveal the methods used by the ,office of ,congressional ,workplace ,rights to gather responses to the survey2 and 7,b7 submit the report only to the ,committee on ,rules and ,administration of the ,senate1 the ,committee on ,rules of the ,house of ,representatives1 the ,select ,committee on ,ethics of the ,senate1 and the ,committee on ,ethics of the ,house of ,representatives4 ,,ii ,congressional ,accountability ,act of #aiie #bja4 ,definitions ,section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja7 is amended-- 7#a7 by redesignating paragraphs 7#c7 and 7#d7 through 7#ab7 as paragraphs 7#e7 and 7#g7 through 7#ae71 respectively2 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,connected worker 7,a7 ,covered employees ,for purposes of paragraph 7#e71 the term connected worker means-- 7i7 an intern or fellow serving in a position in an employing office-- 7,i7 without regard to whether the intern or fellow receives compensation2 and 7,,ii7 if the intern or fellow does receive compensation1 without regard to the source of compensation2 or 7ii7 a detailee serving in a position in an employing office1 without regard to whether the service is on a reimbursable basis4 7,b7 ,subgroups of covered employees ,for purposes of each of paragraphs 7#h7 through 7#aa71 the term defined in the paragraph involved1 used with respect to covered discrimination or covered harassment1 includes a connected worker 7as defined in subparagraph 7,a77 in an office that employs employees referred to in that paragraph4 7#d7 ,covered discrimination ,in this section1 the term covered discrimination means-- 7,a7 discrimination described in any of subparagraphs 7,a7 through 7,e7 of paragraph 7#f72 7,b7 discrimination prohibited by section #baj2 or 7,c7 a violation of section #bjg that is related to discrimination described in subparagraph 7,a7 or 7,b71 or a violation of section #dcaa7;b7 of title #ch1 ,united ,states ,code1 that is related to discrimination described in paragraph 7#f77;,e74 2 7#c7 in paragraph 7#e71 as redesignated by paragraph 7#a7 of this section1 by striking any employee and inserting any employee and1 used with respect to covered discrimination or covered harassment1 any connected worker2 7#d7 by inserting after paragraph 7#e71 as redesignated by paragraph 7#a7 of this section1 the following3 7#f7 ,covered harassment ,the term covered harassment means harassment that is-- 7,a7 discrimination because of race1 color1 religion1 sex1 or national origin under title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,b7 discrimination because of age under the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7,c7 discrimination on the basis of disability under title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq47 or section #eja of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia72 7,d7 discrimination because of genetic information under title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq472 or 7,e7 discrimination on the basis of status concerning service in a uniformed service under section #dcaa7;a7 of title #ch1 ,united ,states ,code4 2 and 7#e7 in paragraphs 7#aj7 and 7#aa71 by striking paragraph 7#c7 and inserting paragraph 7#e74 #bjb4 ,rights and protections2 responsibilities of head of employing office ,section #bja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 7i7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as subparagraphs 7,a71 7,b71 and 7,c71 respectively2 7ii7 by aligning the margins of such subparagraphs with the margins of subparagraph 7,a7 of subsection 7b77#a72 and 7iii7 by striking ,all personnel and inserting the following3 7#a7 ,in general ,all personnel 2 and 7,b7 by adding at the end the following3 7#b7 ,responsibilities 7,a7 ,in general ,if an individual who is the head of an employing office1 or the highest ranking employee of the head of the employing office1 is aware of1 or a reasonable individual in the position involved would be aware of1 covered discrimination or covered harassment in the office1 the individual shall carry out the responsibility described in subparagraph 7,b74 7,b7 ,responsibilities ,the individual referred to in subparagraph 7,a7 shall make affirmative efforts to address1 and prevent the recurrence of1 covered discrimination or covered harassment in the office4 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking subsection 7a77#a7 and inserting subsection 7a77#a77;,a72 7,b7 in paragraph 7#b71 by striking subsection 7a77#b7 and inserting subsection 7a77#a77;,b72 and 7,c7 in paragraph 7#c71 by striking subsection 7a77#c7 and inserting subsection 7a77#a77;,c74 #bjc4 ,public services and accommodations ,section #baj of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acca7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,available procedures 7#a7 ,in general ,the procedures of title ,,iv shall apply to allegations of violations of this part4 7#b7 ,application ,for purposes of applying title ,,iv-- 7,a7 to an allegation of a violation of a provision listed in subsection 7b71 of title ,,ii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq47-- 7i7 a reference in title ,,iv to a covered employee shall be considered to be a reference to a qualified individual with a disability1 as defined in section #bja of that ,act 7#db ,u4,s4,c4 #abaca72 and 7ii7 a reference in title ,,iv to an employing office shall be considered to be a reference to an entity listed in subsection 7a7 that provides public services1 programs1 or activities2 and 7,b7 to an allegation of a violation of a provision listed in subsection 7b71 of title ,,iii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha et seq47-- 7i7 a reference in title ,,iv to a covered employee shall be considered to be a reference to an individual with a disability1 as defined in section #c of that ,act 7#db ,u4,s4,c4 #abajb72 and 7ii7 a reference in title ,,iv to an employing office shall be considered to be a reference to an entity listed in subsection 7a7 that owns1 leases 7or leases to71 or operates a place of public accommodation1 as defined in section #cja of that ,act 7#db ,u4,s4,c4 #abaha74 4 #bjd4 ,general provisions ,section #bbe7;e7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acfa7;e77 is amended by striking ,only and inserting ,except in the case of an allegation of covered discrimination or covered harassment1 only4 #bje4 ,notices ,part ,e of title ,,ii of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acfa7 is amended by adding at the end the following3 #bbf4 ,notices ,every employing office shall post and keep posted 7in conspicuous places upon its premises where notices to covered employees are customarily posted7 a notice provided by the ,office that-- 7#a7 describes the rights1 protections1 and procedures applicable to covered employees of the employing office under this ,act1 concerning covered discrimination and covered harassment2 and 7#b7 includes contact information for the ,office4 4 #bjf4 ,confidential advisor ,section #cjb of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achb7 is amended-- 7#a7 by redesignating subsections 7d7 through 7f7 as subsections 7e7 through 7g71 respectively1 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,confidential ,advisor 7#a7 ,in general ,the ,executive ,director shall-- 7,a7 appoint1 and fix the compensation of1 and may remove1 a ,confidential ,advisor2 or 7,b7 designate an employee of the ,office to serve as a ,confidential ,advisor4 7#b7 ,duties 7,a7 ,voluntary services ,the ,confidential ,advisor shall offer to provide the services described in subparagraph 7,b71 which a covered employee may accept or decline4 7,b7 ,services ,the services referred to in subparagraph 7,a7 are-- 7i7 informing1 on a confidential basis1 a covered employee who has experienced a practice that may be covered discrimination or covered harassment about the employee's rights under this ,act2 7ii7 consulting1 on a confidential basis1 with a covered employee who has experienced a practice that may be covered discrimination or covered harassment2 and 7iii7 assisting1 on a confidential basis1 a covered employee who seeks consideration under title ,,iv of an allegation involving covered discrimination or covered harassment in understanding the procedures1 and the significance of the procedures1 described in that title4 4 #bjg4 ,overall procedure 7a7 ,voluntary proceedings ,section #dja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adja7 is amended-- 7#a7 in the first sentence-- 7,a7 by striking part ,a and inserting part ,a or ,b2 7,b7 in paragraph 7#a71 by inserting 1 which shall be voluntary in the case of an allegation of covered discrimination or covered harassment before the semicolon2 and 7,c7 in paragraph 7#b71 by inserting 1 which shall be voluntary in the case of an allegation of covered discrimination or covered harassment before the semicolon2 and 7#b7 in the second sentence1 by inserting 7or a request for counseling1 mediation1 or a hearing1 concerning an allegation of covered discrimination or covered harassment7 after for counseling under section #djb4 7b7 ,notification ,section #dja of the ,congressional ,accountability ,act of #aiie1 as amended by subsection 7a71 is further amended-- 7#a7 by striking ,except and inserting the following3 7a7 ,overall procedure ,except 2 and 7#b7 by adding at the end the following3 7b7 ,notification after allegation of covered discrimination or covered harassment ,on receiving a request1 under this title1 for counseling or another proceeding for consideration of alleged covered discrimination or covered harassment1 the ,office shall provide to the employee written notification that describes the rights1 protections1 and procedures applicable to a covered employee who is raising such an allegation4 7c7 ,no requirement ,to present allegation first to employing office ,notwithstanding any provision of law1 regardless of whether a covered employee follows the employing office's procedures for initially presenting an allegation1 or information about the allegation1 of covered discrimination or covered harassment to the employing office-- 7#a7 the covered employee is privileged to request and obtain1 under this title1 counseling or another proceeding for consideration of alleged covered discrimination or covered harassment2 and 7#b7 the covered employee-- 7,a7 may file a complaint with the ,office in accordance with section #dje or file a civil action with a court in accordance with section #djh2 7,b7 may proceed without prejudice under the corresponding procedures specified in title ,,iv including obtaining any available remedy2 and 7,c7 shall be entitled to protection from intimidation1 reprisal1 or other discrimination described in section #bjg as provided in that section4 4 7c7 ,availability of remote work assignment or paid leave during pendency of procedures ,section #dja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adja71 as amended by subsection 7b71 is further amended by adding at the end the following new subsection3 7d7 ,availability of remote work assignment or paid leave during pendency of procedures 7#a7 ,requirements for employing offices 7,a7 ,remote work assignment ,at the request of a covered employee who alleges covered discrimination or covered harassment by the covered employee's employing office1 during the pendency of any of the procedures available under this title for consideration of the allegation1 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 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 paid leave under paragraph 7#a71 during the period in which the employee is on paid leave1 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 that 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 that is in effect with respect to an employing office4 4 7d7 ,electronic reporting system ,section #dja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adja71 as amended by subsection 7c71 is further amended by adding at the end the following new subsection3 7e7 ,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 that will keep an electronic record of the date and time at which the proceeding is initiated4 4 #bjh4 ,counseling ,section #djb7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adjb7;a77 is amended1 in the first sentence-- 7#a7 by striking part ,a and inserting part ,a or ,b2 and 7#b7 by inserting or1 in the case of an allegation of covered discrimination or covered harassment1 may request voluntary counseling by the ,office before the period4 #bji4 ,mediation 7a7 ,voluntary mediation ,section #djc7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adjc7;a77 is amended-- 7#a7 by striking ,not later and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 not later 2 and 7#b7 by adding at the end the following3 7#b7 ,allegation of covered discrimination or covered harassment ,in the case of an allegation of covered discrimination or covered harassment-- 7,a7 for a covered employee who requests counseling under section #djb1 not later than #ae days after receipt by the employee of notice of the end of the counseling period under section #djb1 but prior to making an election under section #djd1 the covered employee who alleged a violation of a law may file a request for voluntary mediation with the ,office2 and 7,b7 for a covered employee who does not request such counseling1 not later than #ahj days after the date of the alleged violation1 but prior to making an election under section #djd1 the covered employee may file a request for voluntary mediation with the ,office4 4 7b7 ,requiring parties ,to be separated during mediation at request of employee ,section #djc7;b77#b7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adjc7;b77#b77 is amended by striking meetings with the parties and all that follows and inserting the following3 8meetings with the parties-- 7#a7 held for the purpose of resolving the dispute between the covered employee and the employing office2 and 7#b7 7,a7 except as provided in subparagraph 7,b71 conducted separately or jointly2 or 7,b7 at the request of a covered employee who alleges covered discrimination or covered harassment1 during which the parties shall be separated4 4 #baj4 ,election of proceeding ,section #djd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adjd7 is amended-- 7#a7 by striking ,not later and inserting the following3 7#a7 ,in general ,except as provided in subsection 7b71 not later 2 and 7#b7 by adding at the end the following3 7b7 ,allegation of covered discrimination or covered harassment ,in the case of an allegation of covered discrimination or covered harassment-- 7#a7 for a covered employee who requests mediation under section #djc 7or does not1 but requests counseling under section #djb71 not later than #ij days after the end of the period of mediation 7or counseling71 the covered employee may either-- 7,a7 file a complaint as described in subsection 7a77#a72 or 7,b7 file a civil action as described in subsection 7a77#b72 and 7#b7 for a covered employee who does not request such mediation 7or counseling71 not later than #ahj days after the date of the alleged violation1 the covered employee may either-- 7,a7 file a complaint as described in subsection 7a77#a72 or 7,b7 file a civil action as described in subsection 7a77#b74 4 #baa4 ,complaint and proceeding 7a7 ,in general ,section #dje7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adje7;a77 is amended by striking subsection 7a7 and inserting the following3 7a7 ,complaint 7#a7 ,in general ,except as provided in paragraph 7#b7-- 7,a7 a covered employee may1 upon the completion of mediation under section #djc1 file a complaint with the ,office2 and 7,b7 the respondent to the complaint shall be the employing office-- 7i7 7,i7 involved in the violation2 or 7,,ii7 in which the violation is alleged to have occurred2 and 7ii7 about which mediation was conducted4 7#b7 ,allegation of covered discrimination or covered harassment ,in the case of an allegation of covered discrimination or covered harassment-- 7,a7 a covered employee may file a complaint with the ,office as described in section #djd7;b72 and 7,b7 the respondent to the complaint shall be the employing office-- 7i7 involved in the violation2 or 7ii7 in which the violation is alleged to have occurred4 4 7b7 ,investigatory powers ,section #dje of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adje7 is amended by striking subsection 7e7 and inserting the following3 7e7 ,investigations and discovery 7#a7 ,investigations ,the ,office shall have the authority to conduct investigations regarding complaints of covered discrimination or covered harassment filed under this section1 including investigations with respect to practices experienced by former covered employees that may be covered discrimination or covered harassment4 7#b7 ,discovery ,reasonable prehearing discovery may be permitted at the discretion of the hearing officer regarding a complaint filed under this section4 4 #bab4 ,judicial review ,section #djg of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adjg7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a71 by striking part ,a and inserting part ,a or ,b2 7,b7 by striking subparagraph 7,b72 and 7,c7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking subsection 7a77#a7 7,a7 or 7,b7 and inserting subsection 7a77#a77;,a72 and 7,b7 in paragraphs 7#a7 and 7#b71 by striking subsection 7a77#a7 7,c7 or 7,d7 and inserting subsection 7a77#a7 7,b7 or 7,c74 #bac4 ,civil action ,section #djh7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adjh7;a77 is amended-- 7#a7 in the first sentence1 by striking who has completed counseling under section #djb and mediation under section #djc and inserting who meets the applicable requirements of section #djd2 and 7#b7 in the second sentence1 by inserting or a violation that is covered discrimination or covered harassment before the period4 #bad4 ,settlements ,section #dad of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adad7 is amended-- 7#a7 by striking ,any and inserting the following3 7a7 ,in general ,any 2 7#b7 in the first sentence1 by striking #baj12 7#c7 by inserting after the first sentence the following3 ,such a settlement that relates1 in part or in whole1 to an allegation of covered discrimination or covered harassment by a ,member of ,congress 7as defined in section #dae7;f77 shall be publicly disclosed by the ,office1 unless the covered employee bringing the allegation objects or the ,member obtains a nondisclosure determination under subsection 7b742 and 7#d7 by adding to the end the following3 7b7 ,exception ,in the case of a settlement that relates1 in part or in whole1 to an allegation of covered discrimination or covered harassment by a ,member of ,congress 7as defined in section #dae7;f771 in a situation in which the covered employee involved does not object to public disclosure of the settlement1 the ,member may request a nondisclosure determination4 ,if the appropriate committee finds by a preponderance of the evidence1 based on any record from a proceeding under this title that may have existed on the date of the settlement1 and using a rebuttable presumption in favor of requiring disclosure1 that the ,member has not engaged in the alleged covered discrimination or covered harassment1 the committee shall issue a nondisclosure determination4 ,the committee shall issue the determination and the committee's rationale for the determination in writing4 7c7 ,definitions ,in this section3 7#a7 ,appropriate committee ,the term appropriate committee has the meaning given the term in section #dae7;f74 7#b7 ,nondisclosure determination ,the term nondisclosure determination means a determination from the appropriate committee that the settlement shall not be publicly disclosed under subsection 7a74 4 #bae4 ,personal liability of ,members of ,congress ,section #dae of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adae7 is amended-- 7#a7 in subsection 7a71 by inserting after the first sentence the following3 ,under no circumstances may an employing office use funds from the ,members' ,representational ,allowance under section #aja of the ,house of ,representatives ,administrative ,reform ,technical ,corrections ,act 7#b ,u4,s4,c4 #ecda71 the ,senators' ,official ,personnel and ,office ,expense ,account1 or any appropriated funds other than funds appropriated under this subsection1 for the payment of awards and settlements under this ,act42 7#b7 in subsection 7c71 by striking section #bja7;a77#c7 and inserting section #bja7;a77#a77;,c72 and 7#c7 by adding at the end the following3 7d7 ,committee approvals ,before a payment is made from the account described in subsection 7a7 for a settlement for covered discrimination or covered harassment in an employing office described in subparagraph 7,a7 or 7,b7 of section #aja7ab71 the chair and ranking member of the appropriate committee shall approve the payment4 7e7 ,personal liability of ,members of ,congress for payment of settlements and awards 7#a7 ,reimbursement ,if a payment is made from the account described in subsection 7a7 for an award or settlement that relates1 in part or in whole1 to an allegation of covered discrimination or covered harassment by a ,member of ,congress1 the ,member of ,congress who is alleged to have committed the discrimination or harassment shall1 except as provided in subparagraph 7#b71 reimburse the account for the amount of the award or settlement4 7#b7 ,exception ,in the case of a settlement that relates1 in part or in whole1 to an allegation of covered discrimination or covered harassment by a ,member of ,congress1 the ,member may request a nonreimbursement determination4 ,if the appropriate committee finds by a preponderance of the evidence1 based on any record from a proceeding under this title that may have existed on the date of the payment1 and using a rebuttable presumption in favor of requiring reimbursement1 that the ,member of ,congress has not engaged in the alleged covered discrimination or covered harassment1 the committee shall issue a nonreimbursement determination4 ,the committee shall issue the determination and the committee's rationale for the determination in writing4 ,unless the settlement is not publicly disclosed under section #dad1 such determination and rationale shall be publicly disclosed by the ,office4 7#c7 ,construction ,nothing in this section shall be construed to require a ,member of ,congress to reimburse the account under paragraph 7#a71 with respect to an allegation of covered discrimination1 or covered harassment1 that is wholly committed by an employee of the employing office involved4 7f7 ,definitions ,in this section-- 7#a7 the term appropriate committee means-- 7,a7 if the personal office of a ,member of1 or a ,committee of1 the ,house of ,representatives1 or a joint committee chaired by such a ,member1 seeks a payment under subsection 7d71 or a ,member of the ,house of ,representatives seeks a determination under subsection 7e71 the ,committee on ,ethics of the ,house of ,representatives2 and 7,b7 if the personal office of a ,senator1 or a ,committee of the ,senate1 or a joint committee chaired by a ,senator1 seeks a payment under subsection 7d71 or a ,senator seeks a determination under subsection 7e71 the ,senate ,select ,committee on ,ethics2 7#b7 the term covered discrimination or covered harassment by a ,member of ,congress means-- 7,a7 covered discrimination that was committed personally by a ,member of ,congress2 7,b7 quid pro quo covered harassment that was committed personally by a ,member of ,congress2 and 7,c7 hostile environment covered harassment if a ,member of ,congress personally committed-- 7i7 severe conduct that created a hostile environment2 or 7ii7 at least one act that was part of pervasive conduct that created a hostile environment2 and 7#c7 the term nonreimbursement determination means a determination from the appropriate committee that the ,member shall not be responsible for reimbursement under subsection 7a74 4 #baf4 ,confidentiality ,section #daf of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adaf7 is amended-- 7#a7 in subsection 7f7-- 7,a7 by striking or in favor of the charging party under section #baj12 and 7,b7 by striking or charging party2 and 7#b7 by adding at the end the following3 7g7 ,clarification ,nothing in this ,act shall be construed to prohibit any covered employee from disclosing information that forms the basis of the covered employee's allegation of covered discrimination or covered harassment1 if the information contained in the allegation was not obtained in a confidential proceeding4 4 #bag4 ,office of ,congressional ,workplace ,rights 7a7 ,references ,paragraphs 7#a71 7#b71 7#e77;,h71 7#ab77;,d71 7#ac71 7#ad71 and 7#ae7 of section #aja 7as redesignated by section #bja of this ,act71 sections #baj7;a77#i71 #bae7;e77#a71 #bbj7;e77#b77;,g71 and #cja7;a71 and paragraphs 7#d7 and 7#e7 of section #cjd7;c7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja1 #acca7;a77#i71 #acda7;e77#a71 #acea7;e77#b77;,g71 #acha7;a71 #achd7;c77 are amended by striking ,office of ,compliance and inserting ,office of ,congressional ,workplace ,rights4 7b7 ,headings ,title ,,iii of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acha et seq47 is amended by striking the headings for title ,,iii and section #cja and inserting the following3 ,,iii ,office of ,congressional ,workplace ,rights #cja4 ,establishment of ,office of ,congressional ,workplace ,rights 4 #bah4 ,application of ,congressional ,accountability ,act of #aiie to the ,library of ,congress 7a7 ,application 7#a7 ,application through definitions 7,a7 ,in general ,section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja71 as redesignated by section #bja of this ,act1 is amended-- 7i7 in paragraph 7#e7-- 7,i7 in subparagraph 7,h71 by striking or at the end2 7,,ii7 in subparagraph 7,i71 by striking the period and inserting 2 or2 and 7,,iii7 by adding at the end the following3 7,j7 the ,library of ,congress1 except for section #bbj4 2 and 7ii7 in paragraph 7#ab7-- 7,i7 in subparagraph 7,c71 by striking or at the end2 7,,ii7 in subparagraph 7,d71 by striking the period and inserting 2 or2 and 7,,iii7 by adding at the end the following3 7,e7 the ,library of ,congress1 except for section #bbj4 4 7,b7 ,public services and accommodations ,section #baj7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acca7;a77 is amended-- 7i7 in paragraph 7#i71 by striking and at the end2 7ii7 in paragraph 7#aj71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7#aa7 the ,library of ,congress4 4 7,c7 ,labor-management regulations ,section #bbj7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acea7;a77 is amended-- 7i7 in paragraph 7#b71 in the paragraph heading1 by striking 7#b7 ,definition4-- and inserting 7#b7 ,application4--2 and 7ii7 by adding at the end the following3 7#c7 ,definitions ,for purposes of this section1 the term covered employee does not include an employee of the ,library of ,congress1 and the term employing office does not include the ,library of ,congress4 4 7#b7 ,conforming amendments to ,act ,the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 is amended-- 7,a7 in section #bjd7;a77#b7 7#b ,u4,s4,c4 #acad7;a77#b771 by striking and the ,library of ,congress each place it appears2 7,b7 in section #bje7;a77#b7 7#b ,u4,s4,c4 #acae7;a77#b771 by striking and the ,library of ,congress each place it appears2 7,c7 in section #bjf7;a77#b7 7#b ,u4,s4,c4 #acaf7;a77#b77-- 7i7 in subparagraph 7,b71 by striking and the ,library of ,congress2 and 7ii7 in subparagraph 7,c71 by striking and the ,library of ,congress2 7,d7 in section #bae7;a77#b7 7#b ,u4,s4,c4 #acda7;a77#b77-- 7i7 in subparagraph 7,c71 by striking 1 the ,library of ,congress12 and 7ii7 in subparagraph 7,d71 by striking and the ,library of ,congress2 and 7,e7 in section #dae7;a7 7#b ,u4,s4,c4 #adae7;a77-- 7i7 by striking the comma after ,general ,accounting ,office and inserting or2 and 7ii7 by striking 1 or the ,library of ,congress4 7b7 ,election of proceeding 7#a7 ,procedure ,section #dja7;a77#c7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adja7;a77#c771 as designated by section #bjg7;b7 of this ,act1 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking either2 7,b7 in subparagraph 7,a71 by striking 1 or at the end and inserting a semicolon2 7,c7 in subparagraph 7,b71 by striking the period and inserting 2 or2 and 7,d7 by adding at the end the following3 7,c7 in the case of a ,library claimant 7as defined in section #djd7;d771 a proceeding described in section #djd7;b77#c7 that relates to the violation at issue4 4 7#b7 ,election ,section #djd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adjd71 as amended by section #baj of this ,act1 is further amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking 1 or at the end and inserting a semicolon2 7ii7 in paragraph 7#b71 by striking the period and inserting 2 or2 and 7iii7 by adding at the end the following3 7#c7 in the case of a ,library claimant1 bring the claim1 complaint1 or charge that is brought for a proceeding before the corresponding ,federal agency1 under the corresponding direct provision4 2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a71 by striking or at the end2 7,,ii7 in subparagraph 7,b71 by striking and at the end2 and 7,,iii7 by adding at the end the following3 7,c7 in the case of a ,library claimant1 bring the claim1 complaint1 or charge that is brought for a proceeding before the corresponding ,federal agency1 under the corresponding direct provision2 and 2 and 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by striking or at the end2 7,,ii7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7,c7 in the case of a ,library claimant1 bring the claim1 complaint1 or charge that is brought for a proceeding before the corresponding ,federal agency1 under the corresponding direct provision4 2 and 7,c7 by adding at the end the following3 7c7 ,election after proceedings initially brought under other civil rights or labor law ,a ,library claimant who initially brings a claim1 complaint1 or charge under a direct provision for a proceeding before a ,federal agency may1 prior to requesting a hearing under the agency's procedures1 elect to-- 7#a7 bring any civil action relating to the claim1 complaint1 or charge1 that is available to the ,library claimant2 7#b7 file a complaint with the ,office in accordance with section #dje2 or 7#c7 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 7d7 ,definitions ,in this section3 7#a7 ,direct act ,the term direct ,act means an ,act 7other than this ,act71 or provision of the ,revised ,statutes1 that is specified in section #bja1 #bjb1 #bjc1 or #baj4 7#b7 ,direct provision ,the term direct provision means a provision 7including a definitional provision7 of a direct ,act that applies the rights or protections of a direct ,act 7including rights and protections relating to nonretaliation or noncoercion7 to a ,library claimant4 7#c7 ,library claimant ,the term ,library claimant means-- 7,a7 with respect to a direct provision 7other than a provision described in subparagraph 7,b771 an employee of the ,library of ,congress who is covered by that direct provision1 and 7,b7 with respect to a direct provision that applies the rights or protections of title ,,ii or ,,iii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq41 #abaha et seq471 an individual who is eligible to provide services for or receive services from the ,library of ,congress and who is covered by that provision4 4 7c7 ,prospective applicability ,this section and the amendments made by this section-- 7#a7 shall take effect on the date of enactment of this section2 and 7#b7 shall apply to any charge1 complaint1 or claim1 that is made on or after the date of enactment of this section1 of a violation of-- 7,a7 section #bja1 #bjb1 #bjc1 #bjg1 or #baj of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa et seq472 or 7,b7 a direct provision as defined in section #djd7;d7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adjd7;d7 7as added by subsection 7b774 #bai4 ,conforming amendments ,the table of contents in section #a7;b7 the ,congressional ,accountability ,act of #aiie is amended-- 7#a7 by striking the item relating to the part heading for part ,a of title ,,ii and inserting the following3 ,part ,a--,employment discrimination1 family and medical leave1 and other protections and benefits 2 7#b7 in the items relating to part ,e of title ,,ii1 by adding at the end the following3 ,sec4 #bbf4 ,notices4 2 and 7#c7 by striking the items relating to the title heading for title ,,iii1 and section #cja1 and inserting the following3 ,,title ,,iii--,,office ,,of ,,congressional ,,workplace ,,rights ,sec4 #cja4 ,establishment of ,office of ,congressional ,workplace ,rights4 4