,,ii ,calendar ,no4 #dba #aaeth ,,congress #b;d ,session ,s4 #bhgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ag1 #bjah,mrs4 ,gillibrand 7for herself1 ,mr4 ,merkley1 ,mrs4 ,murray1 ,ms4 ,harris1 ,ms4 ,warren1 ,mr4 ,cruz1 ,ms4 ,baldwin1 and ,ms4 ,cortez ,masto7 introduced the following bill2 which was read the first time ,may #ba1 #bjah,read the second time and placed on the calendar ,a ,,bill ,to amend the ,congressional ,accountability ,act of #aiie to reform the procedures provided under such ,act for the initiation1 investigation1 and resolution of claims alleging that employing offices of the legislative branch have violated the rights and protections provided to their employees under such ,act1 including protections against sexual harassment and discrimination1 and for other purposes4 #a4 ,short title2 references in ,act2 table of contents 7a7 ,short title ,this ,act may be cited as the ,congressional ,accountability and ,harassment ,reform ,act4 7b7 ,references in ,act ,except as otherwise expressly provided in this ,act1 wherever an amendment or repeal 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 ,dispute ,resolution ,procedures ,subtitle ,a--,reform of ,procedures for ,initiation1 ,investigation1 and ,resolution of ,claims ,sec4 #aja4 ,description of procedures available for consideration of alleged violations4 ,sec4 #ajb4 ,reform of process for initiation of procedures4 ,sec4 #ajc4 ,investigation of claims by ,general ,counsel4 ,sec4 #ajd4 ,availability of mediation during investigations4 ,subtitle ,b--,other ,reforms ,sec4 #aaa4 ,personal liability of ,members of ,congress4 ,sec4 #aab4 ,automatic referral to congressional ethics committees of disposition of certain claims alleging violations of ,congressional ,accountability ,act of #aiie involving ,members of ,congress and senior staff4 ,sec4 #aac4 ,availability of remote work assignment or paid leave of absence during pendency of procedures4 ,sec4 #aad4 ,modification of rules on confidentiality of proceedings4 ,sec4 #aae4 ,reimbursement by other employing offices of legislative branch of payments of certain awards and settlements4 ,,title ,,ii--,improving ,operations of ,office of ,congressional ,workplace ,rights ,sec4 #bja4 ,reports on claims1 awards1 and settlements4 ,sec4 #bjb4 ,record retention4 ,sec4 #bjc4 ,workplace climate surveys of employing offices4 ,sec4 #bjd4 ,office of ,employee ,advocacy4 ,sec4 #bje4 ,,gao study of management practices4 ,sec4 #bjf4 ,,gao audit of cybersecurity4 ,,title ,,iii--,miscellaneous ,reforms ,sec4 #cja4 ,definitions4 ,sec4 #cjb4 ,application of ,genetic ,information ,nondiscrimination ,act of #bjjh4 ,sec4 #cjc4 ,extension to unpaid staff of rights and protections against employment discrimination4 ,sec4 #cjd4 ,notices4 ,sec4 #cje4 ,general provisions4 ,sec4 #cjf4 ,clarification of coverage of employees of ,stennis ,center and ,helsinki and ,china ,commissions4 ,sec4 #cjg4 ,training and education programs of other employing offices4 ,sec4 #cjh4 ,support for out-of-area covered employees4 ,sec4 #cji4 ,renaming ,office of ,compliance as ,office of ,congressional ,workplace ,rights4 ,,title ,,iv--,effective ,date ,sec4 #dja4 ,effective date4 ,i ,reform of ,dispute ,resolution ,procedures ,a ,reform of ,procedures for ,initiation1 ,investigation1 and ,resolution of ,claims #aja4 ,description of procedures available for consideration of alleged violations 7a7 ,procedures described ,section #dja 7#b ,u4,s4,c4 #adja7 is amended to read as follows3 #dja4 ,procedure for consideration of alleged violations 7a7 ,filing and investigation of claims ,except as otherwise provided in this ,act1 the procedure for consideration of an alleged violation of part ,a of title ,,ii consists of-- 7#a7 the filing of a claim by the covered employee alleging the violation1 as provided in section #djb1 which may be followed1 as described in that section1 with pre-investigation mediation under section #djd2 7#b7 an investigation of the claim1 to be conducted by the ,general ,counsel as provided in section #djc1 which may be accompanied by mediation during the investigation under section #djd2 and 7#c7 a formal hearing as provided in section #dje1 subject to ,board review as provided in section #djf1 and judicial review in the ,united ,states ,court of ,appeals for the ,federal ,circuit as provided in section #djg1 but only if1 pursuant to an investigation conducted by the ,general ,counsel as provided in section #djc1 the ,general ,counsel finds either-- 7,a7 that there is reasonable cause to believe that the employing office involved committed a violation of part ,a of title ,,ii as alleged in the covered employee's claim2 or 7,b7 that the ,general ,counsel cannot determine whether or not there is reasonable cause to believe that the employing office committed a violation of part ,a of title ,,ii as alleged in the covered employee's claim4 7b7 ,right of employee ,to file civil action 7#a7 ,civil action ,a covered employee who files a claim as provided in section #djb may1 during the period described in paragraph 7#c71 file a civil action in a district court of the ,united ,states with respect to the alleged violation involved1 as provided in section #djh4 7#b7 ,effect of filing civil action ,notwithstanding paragraph 7#b7 or paragraph 7#c7 of subsection 7a71 if the covered employee files such a civil action-- 7,a7 the investigation of the claim by the ,general ,counsel as provided in section #djc1 or any subsequent formal hearing as provided in section #dje1 shall terminate upon the filing of the action by the covered employee2 and 7,b7 the procedure for consideration of the alleged violation shall not include any further investigation of the claim by the ,general ,counsel as provided in section #djc or any subsequent formal hearing as provided in section #dje4 7#c7 ,period for filing civil action ,the period described in this paragraph with respect to a claim is the period that begins on the date on which the covered employee files the claim under section #djb and ends #ij days after the date the report described in section #djc7;c77#a7 is transmitted to the covered employee4 7c7 ,special rule for ,architect of the ,capitol and ,capitol ,police ,in the case of an employee of the ,office of the ,architect of the ,capitol or of the ,capitol ,police1 the ,office1 after receiving a claim filed under section #djb1 may recommend that the employee use1 for a specific period of time1 the grievance procedures of the ,architect of the ,capitol or the ,capitol ,police for resolution of the employee's grievance4 7d7 ,election of remedies for ,library of ,congress 7#a7 ,definitions ,in this subsection3 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 or #bjc4 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 means1 with respect to a direct provision1 an employee of the ,library of ,congress who is covered by that direct provision4 7#b7 ,election after proceedings initially brought under this ,act ,a ,library claimant who initially files a claim for an alleged violation as provided in section #djb may1 instead of proceeding with the claim in accordance with section #dje or filing a civil action in accordance with section #djh1 during the period described in subsection 7b77#c7 but before the ,office commences a hearing under section #dje1 elect to bring the claim for a proceeding before the corresponding ,federal agency1 under the corresponding direct provision4 7#c7 ,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 claim with the ,office under section #djb2 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 7#d7 ,application ,this subsection shall take effect and shall apply as described in section #aec7;c7 of the ,legislative ,branch ,appropriations ,act1 #bjah1 except that it shall not apply to a violation of section #baj7;b7 or a public services and accommodations direct provision 7as defined in section #baj7;h77#a774 7e7 ,rights of individuals ,to retain private counsel ,nothing in this ,act may be construed to limit the authority of any particular individual1 including a covered employee1 or the head of an employing office1 to retain private counsel to protect the interests of the particular individual at any point during any of the procedures provided under this ,act for the consideration of an alleged violation of part ,a of title ,,ii4 7f7 ,standards for counsel providing representation ,any counsel who represents a party in any of the procedures provided under this ,act shall have an obligation to ensure that1 to the best of the counsel's knowledge1 information1 and belief1 as formed after an inquiry which is reasonable under the circumstances1 each of the following is correct3 7#a7 ,no pleading1 written motion1 or other paper is presented for any improper purpose1 such as to harass1 cause unnecessary delay1 or needlessly increase the cost of resolution of the matter4 7#b7 ,the claims1 defenses1 and other legal contentions the counsel advocates are warranted by existing law or by a nonfrivolous argument for extending1 modifying1 or reversing existing law or for establishing new law4 7#c7 ,the factual contentions have evidentiary support or1 if specifically so identified1 will likely have evidentiary support after a reasonable opportunity for further investigation or discovery4 7#d7 ,the denials of factual contentions are warranted on the evidence or1 if specifically so identified1 are reasonably based on belief or a lack of information4 4 7b7 ,conforming amendment relating to civil action ,section #djh7;a7 7#b ,u4,s4,c4 #adjh7;a77 is amended-- 7#a7 by striking section #djd and inserting section #dja2 7#b7 by striking who has completed counseling under section #djb and mediation under section #djc and inserting who filed a timely claim under section #djb and made a timely filing under this section as described in section #dja7;b72 and 7#c7 by striking the second sentence4 7c7 ,amendments relating to library claimants and rights and protections under the ,americans with ,disabilities ,act of #aiij relating to public services and accommodations ,section #baj 7#b ,u4,s4,c4 #acca7 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#b71 by striking section #djc and inserting section #djd2 and 7,b7 in paragraph 7#c71 by striking section #dje and inserting section #dje 7notwithstanding any requirement for a report by the ,general ,counsel72 7#b7 by redesignating subsection 7h7 as subsection 7i72 and 7#c7 by inserting after subsection 7g7 the following3 7h7 ,election of remedies relating to public services and accommodations for ,library claimants 7#a7 ,definitions ,in this subsection3 7,a7 ,library claimant ,in this subsection1 the term ,library claimant means an individual who is eligible to provide services for1 or receive services from1 the ,library of ,congress and who is covered by a public services and accommodations direct provision4 7,b7 ,public services and accommodations direct provision ,the term public services and accommodations direct provision means a provision 7including a definitional provision or a provision relating to nonretaliation or noncoercion7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 that applies the rights or protections described in subsection 7b7 to a ,library claimant4 7,c7 ,transition period ,the term transition period means the period beginning on the date of enactment of the ,legislative ,branch ,appropriations ,act1 #bjah1 and ending on the day before the date of enactment of the ,congressional ,accountability and ,harassment ,reform ,act4 7#b7 ,election after proceedings initially brought under this ,act ,a ,library claimant who initially files a charge for an alleged violation under subsection 7d77#a7 may1 instead of proceeding with the charge and before the ,general ,counsel files a complaint under subsection 7d77#c71 elect to bring the charge for a proceeding before the ,library of ,congress under section #eaj 7other than paragraph 7#e77 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abbji71 under the corresponding public services and accommodations direct provision4 7#c7 ,election after proceedings initially brought under the ,americans with ,disabilities ,act of #aiij ,a ,library claimant who initially brings a claim1 complaint1 or charge under section #eaj 7other than paragraph 7#e77 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abbji7 regarding a violation of a public services and accommodation direct provision may1 prior to requesting a hearing under the procedures of the ,library of ,congress relating to that provision1 elect to file a charge for an alleged violation of that provision under subsection 7d77#a74 7#d7 ,application 7,a7 ,in general ,subject to subparagraph 7,b71 this subsection shall take effect and shall apply as described in section #aec7;c7 of the ,legislative ,branch ,appropriations ,act1 #bjah 7,public ,law #aae-ada7 with respect to a violation of this section or a public services and accommodations direct provision4 7,b7 ,special rule ,notwithstanding section #aec7;c7 of the ,legislative ,branch ,appropriations ,act1 #bjah 7,public ,law #aae-ada7-- 7i7 a ,library claimant who brings a charge1 complaint1 or claim of a violation of a public services and accommodations direct provision during the transition period shall-- 7,i7 be subject to the election of proceeding provisions of this subsection2 and 7,,ii7 be treated as if the ,library claimant initially filed a charge as described in paragraph 7#b7 or initially brought a claim1 complaint1 or charge as described in paragraph 7#c71 as the case may be2 and 7ii7 any applicable filing deadlines1 and deadlines based on the filing deadlines1 with respect to a ,library claimant described in clause 7i7 shall be stayed for the duration of the transition period4 4 7d7 ,other conforming amendments ,title ,,iv is amended-- 7#a7 by striking section #djd 7#b ,u4,s4,c4 #adjd72 and 7#b7 by redesignating section #djc 7#b ,u4,s4,c4 #adjc7 as section #djd4 7e7 ,clerical amendments ,the table of contents is amended-- 7#a7 by striking the item relating to section #djd2 and 7#b7 by redesignating the item relating to section #djc as relating to section #djd4 #ajb4 ,reform of process for initiation of procedures 7a7 ,initiation of procedures ,section #djb 7#b ,u4,s4,c4 #adjb7 is amended to read as follows3 #djb4 ,initiation of procedures 7a7 ,intake of claim by ,office ,to commence a proceeding under this title1 a covered employee alleging a violation of law made applicable under part ,a of title ,,ii shall file a claim with the ,office4 ,the claim shall be made in writing under oath or affirmation1 and shall be in such form as the ,office requires4 7b7 ,initial processing of claim 7#a7 ,intake and recording2 notification to employing office ,upon the filing of a claim by a covered employee under subsection 7a71 the ,office shall take such steps as may be necessary for the initial intake and recording of the claim1 including providing the employee with all relevant information with respect to the rights of the employee under this ,act1 and shall notify the head of the employing office of the claim4 7#b7 ,special notification requirements for claims based on acts committed personally by ,members of ,congress 7,a7 ,in general ,in the case of a claim alleging a violation described in subparagraph 7,b7 by an individual1 upon the filing of the claim under subsection 7a71 the ,office shall notify such individual of the claim1 and the possibility that the individual may be required to reimburse the account described in section #dae7;a7 for the amount of any award or settlement in connection with the claim4 7,b7 ,violations described ,a violation described in this subparagraph is covered discrimination or covered harassment committed personally by a ,member of ,congress1 as defined in section #dae7;e77#d74 7c7 ,pre-investigation mediation 7#a7 ,notification of right to opt out of pre-investigation mediation 7,a7 ,covered employee ,upon receipt of a claim1 the ,office shall notify the covered employee about the process for pre-investigation mediation under section #djd1 the right to opt out of the pre-investigation mediation1 and the deadline for opting out of the pre-investigation mediation4 7,b7 ,employing office ,upon notification to the employing office of the claim pursuant to subsection 7b71 the ,office shall notify the employing office about the process for pre-investigation mediation under section #djd1 the right to opt out of the pre-investigation mediation1 and the deadline for opting out of the pre-investigation mediation4 7#b7 ,deadline to opt out of mediation ,the deadline for opting out of the pre-investigation mediation shall be the tenth business day following the filing of the claim that would be the subject of the mediation4 7#c7 ,assignment of mediator ,unless either the covered employee or the employing office opts out of the pre-investigation mediation by the deadline described in paragraph 7#b71 the ,office shall promptly assign a mediator to the claim4 ,the mediation shall be conducted as provided in subsections 7b7 through 7d7 of section #djd4 7d7 ,use of electronic reporting and tracking system 7#a7 ,establishment and operation of system ,the ,office shall establish and operate an electronic reporting and tracking 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 initiated and will track all subsequent actions or proceedings occurring with respect to the proceeding under this title4 7#b7 ,accessibility to all parties ,the system shall be accessible to all parties to such actions or proceedings1 but only until the completion of such actions or proceedings4 7#c7 ,assessment of effectiveness of procedures ,the ,office shall use the information contained in the system to make regular assessments of the effectiveness of the procedures under this title in providing for the timely resolution of claims1 and shall submit semi-annual reports on such assessments each year to the ,committee on ,house ,administration of the ,house of ,representatives and the ,committee on ,rules and ,administration of the ,senate4 7e7 ,deadline ,a covered employee may not file a claim under this section with respect to an allegation of a violation of law after the expiration of the #ahj-;day period which begins on the date of the alleged violation4 ,the ,office shall not accept a claim that does not meet the requirements of this subsection4 7f7 ,no effect on ability of covered employee ,to seek information from ,office or pursue relief ,nothing in this section may be construed to limit the ability of a covered employee-- 7#a7 to contact the ,office or any other appropriate office prior to filing a claim under this title to seek information regarding the employee's rights under this ,act and the procedures available under this ,act2 7#b7 in the case of a covered employee of an employing office described in subparagraph 7,a71 7,b71 or 7,c7 of section #aja7i71 to refer information regarding an alleged violation of part ,a of title ,,ii to the ,committee on ,ethics of the ,house of ,representatives or the ,select ,committee on ,ethics of the ,senate 7as the case may be72 or 7#c7 to file a civil action in accordance with section #dja7;b74 4 7b7 ,clerical amendment ,the table of contents is amended by amending the item relating to section #djb to read as follows3 ,sec4 #djb4 ,initiation of procedures4 4 #ajc4 ,investigation of claims by ,general ,counsel 7a7 ,investigations described ,title ,,iv 7#b ,u4,s4,c4 #adja et seq471 as amended by section #aja7;d71 is further amended by inserting after section #djb the following new section3 #djc4 ,investigation of claims 7a7 ,investigation ,upon the completion of the initial processing of a claim under section #djb7;b7 and 7if pre-investigation mediation described in section #djb7;c7 occurs7 the completion of that pre-investigation mediation without a resolution of the claim1 the ,general ,counsel shall conduct an investigation of the claim involved4 7b7 ,subpoenas 7#a7 ,issuance ,to carry out an investigation under this section1 the ,general ,counsel may issue subpoenas to obtain witness testimony and for the production of correspondence1 books1 papers1 documents1 and other records1 subject to the following conditions3 7,a7 ,inability to obtain information ,the ,general ,counsel shall not issue a subpoena to obtain testimony or records under this section unless the ,general ,counsel has been unable to obtain the requested information through reasonable1 noncompulsory methods4 7,b7 ,service ,subpoenas shall be served in the manner provided under rule #de7;b7 of the ,federal ,rules of ,civil ,procedure4 7,c7 ,protected information ,the ,general ,counsel may not subpoena-- 7i7 information in the possession of the ,capitol ,police that is security information1 as defined in section #ajji of the ,legislative ,branch ,appropriations ,act1 #bjje 7#b ,u4,s4,c4 #aigi72 or 7ii7 any information1 data1 estimates1 or statistics that the ,director of the ,congressional ,budget ,office is required to keep confidential under section #bjc7;e7 of the ,congressional ,budget of #aigd 7#b ,u4,s4,c4 #fjc7;e774 7,d7 ,privileges ,nothing in this paragraph shall constitute a waiver of the privileges of any ,senator or ,member of the ,house of ,representatives under article ,i1 section #f1 clause #a1 of the ,constitution of the ,united ,states1 or a waiver of any power of either the ,senate or the ,house of ,representatives under the ,constitution 7including under article ,i1 section #e1 clause #c of the ,constitution7 or under the rules of either ,house1 relating to a record or other information within its jurisdiction or the jurisdiction of any employing office1 if the record or other information relates to serving a ,member of ,congress or an employing office described in subparagraph 7,a71 7,b71 or 7,c7 of section #aja7i7-- 7i7 with respect to policymaking2 or 7ii7 as an advisor with respect to the exercise of the constitutional or legal powers of the office4 7#b7 ,dispute procedures 7,a7 ,in general ,disputes concerning a subpoena issued under paragraph 7#a7 may be resolved in accordance with subparagraphs 7,b7 and 7,c74 7,b7 ,submission to ,board ,if the person or entity subpoenaed refuses on the basis of relevance or privilege or other objection1 to testify in response to a question or to produce records in response to a request for production of records1 then the objection shall be submitted to the ,board for review4 ,the ,board may modify the requests contained in the subpoena or may authorize the ,general ,counsel to apply1 in the name of the ,office1 to the appropriate district court of the ,united ,states for an order requiring the person or entity to appear before the ,general ,counsel to give testimony or produce records4 7,c7 ,application to district court ,the application to the court shall be made under seal and made within the judicial district where the person or entity is found1 resides1 or transacts business4 ,any failure to obey an order of the district court issued pursuant to this paragraph may be held by such court to be a civil contempt of court4 7,d7 ,process ,process in an action or contempt proceeding pursuant to this paragraph may be served in any judicial district in which the person or entity refusing or failing to comply1 or threatening to refuse or not to comply1 is found1 resides1 or transacts business4 ,subpoenas for witnesses who are required to attend such an action or proceeding may run into any other district4 7c7 ,report2 findings 7#a7 ,report ,upon concluding an investigation of a claim under this section1 the ,general ,counsel shall transmit a written report on the results of the investigation to the covered employee and the employing office involved4 ,in the case of a finding under subparagraph 7,a7 or subparagraph 7,b7 of paragraph 7#b71 the ,general ,counsel shall include in the report the legal and factual bases for making such finding4 7#b7 ,inclusion of findings ,the ,general ,counsel shall include in the report transmitted under paragraph 7#a7 one of the following findings3 7,a7 ,a finding that there is reasonable cause to believe that the employing office committed a violation of part ,a of title ,,ii1 as alleged in the covered employee's claim4 7,b7 ,a finding that there is no reasonable cause to believe that the employing office committed a violation of part ,a of title ,,ii1 as alleged in the covered employee's claim4 7,c7 ,a finding that the ,general ,counsel cannot determine whether or not there is reasonable cause to believe that the employing office committed a violation of part ,a of title ,,ii1 as alleged in the covered employee's claim4 7#c7 ,notice of right to file civil action ,if the ,general ,counsel transmits a report with a finding under subparagraph 7,b7 of paragraph 7#b71 the ,general ,counsel shall also transmit to the covered employee a written notice that the employee has the right to file a civil action with respect to the claim under section #djh4 7#d7 ,transmission to ,executive ,director ,if the ,general ,counsel transmits a report with a finding under subparagraph 7,a7 or subparagraph 7,c7 of paragraph 7#b71 the ,general ,counsel shall also transmit the report to the ,executive ,director4 7#e7 ,transmission of report on investigation of certain claims to ,congressional ethics committees 7,a7 ,in general ,in the case of a report transmitted by the ,general ,counsel under paragraph 7#a7 on the results of an investigation of a claim alleging a violation described in subparagraph 7,b7 by a ,member of ,congress1 if such report includes a finding of reasonable cause under paragraph 7#b77;,a7 the ,general ,counsel shall transmit the report to-- 7i7 the ,committee on ,ethics of the ,house of ,representatives1 in the case of a ,member of the ,house 7including a ,delegate or ,resident ,commissioner to the ,congress72 or 7ii7 the ,select ,committee on ,ethics of the ,senate1 in the case of a ,senator4 7,b7 ,violations described ,a violation described in this subparagraph is covered discrimination or covered harassment committed personally by a ,member of ,congress1 as defined in section #dae7;e77#d74 7d7 ,recommendation of mediation ,at any time during the investigation of a claim under this section1 the ,general ,counsel may make a recommendation that the covered employee and the employing office pursue mediation under section #djd with respect to the claim4 7e7 ,deadline for concluding investigation ,the ,general ,counsel shall conclude the investigation of a claim under this section1 and transmit the report on the results of the investigation1 not later than #ij days after the claim is filed under section #djb1 except that-- 7#a7 the ,general ,counsel may 7upon notice to the parties to the investigation7 use an additional period not to exceed #cj days to conclude the investigation2 and 7#b7 the #ij-;day investigation and reporting period and the #cj-;day period of additional time to conclude the investigation shall be stayed pending mediation conducted pursuant to section #djd1 if any4 4 7b7 ,conforming amendments relating to hearings commenced by ,office of ,congressional ,workplace ,rights ,section #dje 7#b ,u4,s4,c4 #adje7 is amended as follows3 7#a7 ,in the heading1 by striking ,complaint and4 7#b7 ,by amending subsection 7a7 to read as follows3 7a7 ,requirement for hearings to commence in ,office 7#a7 ,hearing required upon certain findings by ,general ,counsel 7,a7 ,in general ,if the ,general ,counsel transmits to the ,executive ,director a report on the investigation of a claim under section #djc which includes a finding described in subparagraph 7,b71 and if the covered employee does not withdraw the claim1 the ,executive ,director shall appoint an independent hearing officer pursuant to subsection 7c7 to consider the claim and render a decision1 and a hearing shall be commenced in the ,office4 7,b7 ,findings described ,a finding described in this subparagraph is-- 7i7 a finding under section #djc7;c77#b77;,a7 that there is reasonable cause to believe that an employing office committed a violation of part ,a of title ,,ii1 as alleged in a claim filed by a covered employee2 or 7ii7 a finding under section #djc7;c77#b77;,c7 that the ,general ,counsel cannot determine whether or not there is reasonable cause to believe that the employing office committed a violation of part ,a of title ,,ii1 as alleged in the covered employee's claim4 4 7#c7 ,in subsection 7b71 by striking dismiss any claim and inserting dismiss any cause of action within a claim4 7#d7 ,in subsection 7c77#a71 by striking ,upon the filing of a complaint and inserting ,upon receipt by the ,executive ,director of the ,general ,counsel's report on the investigation of the claim transmitted under subsection 7a74 7#e7 ,in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking complaint and inserting claim2 and 7,b7 in paragraph 7#b71 by striking no later than #fj days after filing of the complaint and inserting no later than #fj days after the ,executive ,director receives the ,general ,counsel's report on the investigation of the claim4 7#f7 ,in subsection 7g71 by striking complaint and inserting claim4 7c7 ,other conforming amendment ,the heading of section #dad 7#b ,u4,s4,c4 #adad7 is amended by striking of complaints4 7d7 ,clerical amendments ,the table of contents1 as amended by section #aja7;e71 is further amended as follows3 7#a7 ,by inserting after the item relating to section #djb the following new item3 ,sec4 #djc4 ,investigation of claims4 4 7#b7 ,by amending the item relating to section #dje to read as follows3 ,sec4 #dje4 ,hearing4 4 7#c7 ,by amending the item relating to section #dad to read as follows3 ,sec4 #dad4 ,settlement4 4 #ajd4 ,availability of mediation during investigations 7a7 ,option ,to request mediation ,section #djd7;a7 7#b ,u4,s4,c4 #adjc7;a771 as redesignated by section #aja7;d71 is amended to read as follows3 7a7 ,availability of mediation 7#a7 ,before investigation ,unless either the covered employee or the employing office opts out of pre-investigation mediation by the deadline described in section #djb7;c77#b71 the ,office shall conduct such mediation under subsections 7b7 through 7d74 7#b7 ,during investigation ,at any time during the investigation of a covered employee's claim under section #djc1 the covered employee and the employing office may jointly file a request for mediation with the ,office4 4 7b7 ,period of mediation ,section #djd7;c7 7#b ,u4,s4,c4 #adjc7;c771 as redesignated by section #aja7;d71 is amended-- 7#a7 in the first sentence1 by striking beginning and inserting beginning 7in the case of pre-investigation mediation7 on the first day after the deadline described in section #djb7;c77#b7 and beginning 7in the case of mediation during the investigation72 and 7#b7 by striking the second sentence and inserting ,the mediation period may be extended for one additional period of #cj days at the joint request of the covered employee and employing office44 7c7 ,requiring parties ,to be separated during mediation at request of employee ,section #djd7;b77#b7 7#b ,u4,s4,c4 #adjc7;b77#b771 as redesignated by section #aja7;d71 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 ,b ,other ,reforms #aaa4 ,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 and 7#b7 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 #aja7i71 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 committed personally 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 committed personally 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 violation1 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 disclosed1 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 7#d7 ,definitions ,in subsection 7d7 and this subsection-- 7,a7 the term appropriate committee means-- 7i7 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 this subsection1 the ,committee on ,ethics of the ,house of ,representatives2 and 7ii7 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 this subsection1 the ,senate ,select ,committee on ,ethics2 7,b7 the term covered discrimination means-- 7i7 discrimination prohibited by section #bja7;a7 7including1 in accordance with section #ajb7;c71 discrimination prohibited by title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq477 or #bjf7;a72 and 7ii7 a violation of section #bjg1 or a violation of section #dcaa7;b7 of title #ch1 ,united ,states ,code1 that is related to discrimination described in clause 7i72 7,c7 the term covered discrimination or covered harassment committed personally1 used with respect to a ,member of ,congress1 means-- 7i7 covered discrimination 7other than covered harassment7 that was committed personally by a ,member of ,congress2 7ii7 quid pro quo covered harassment that was committed personally by a ,member of ,congress2 and 7iii7 hostile environment covered harassment if a ,member of ,congress committed personally-- 7,i7 severe conduct that created a hostile environment2 or 7,,ii7 at least one act that was part of pervasive conduct that created a hostile environment2 7,d7 the term covered harassment means harassment prohibited by section #bja7;a7 7including1 in accordance with section #ajb7;c71 harassment prohibited by title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq477 or #bjf7;a72 and 7,e7 the term nonreimbursement determination means a determination from the appropriate committee that the ,member shall not be responsible for reimbursement under subsection 7a74 4 #aab4 ,automatic referral to congressional ethics committees of disposition of certain claims alleging violations of ,congressional ,accountability ,act of #aiie involving ,members of ,congress and senior staff ,section #daf7;e7 7#b ,u4,s4,c4 #adaf7;e77 is amended to read as follows3 7e7 ,automatic referrals to ,congressional ,ethics ,committees of dispositions of claims involving ,members of ,congress and senior staff 7#a7 ,referral ,upon the final disposition under this title 7as described in paragraph 7#e77 of a claim alleging covered harassment or covered discrimination committed personally by a ,member of ,congress 7as defined in section #dae7;e771 or covered harassment or covered discrimination 7as those terms are defined in section #dae7;e77#d77 committed personally by a senior staffer of an employing office described in subparagraph 7,a7 or 7,b7 of section #aja7i71 the ,executive ,director shall refer the claim to-- 7,a7 the ,committee on ,ethics of the ,house of ,representatives1 in the case of a ,member or senior staffer of the ,house 7including a ,delegate or ,resident ,commissioner to the ,congress72 or 7,b7 the ,select ,committee on ,ethics of the ,senate1 in the case of a ,senator or senior staffer of the ,senate4 7#b7 ,access to records and information ,if the ,executive ,director refers a claim to a ,committee under paragraph 7#a71 the ,executive ,director shall provide the ,committee with access to the records of any investigations1 hearings1 or decisions of the hearing officers1 ,general ,council1 and the ,board under this title1 and any information relating to an award or settlement paid1 in response to such claim4 7#c7 ,protection of personally identifiable information ,if a ,committee to which a claim is referred under paragraph 7#a7 issues a report with respect to the claim1 the ,committee shall ensure that the report does not directly disclose the identity or position of the individual who filed the claim4 7#d7 ,authority to protect identity of a claimant 7,a7 ,redactions ,if a ,committee issues a report as described in paragraph 7#c71 the ,committee may1 in accordance with subparagraph 7,b71 make an appropriate redaction to the information or data included in the report if the ,committee and the appropriate decisionmakers described in subparagraph 7,b7 determine that including the information or data considered for redaction may lead to the unintentional disclosure of the identity or position of a claimant4 ,the report including any such redaction shall note each redaction and include a statement that the redaction was made solely for the purpose of avoiding such an unintentional disclosure of the identity or position of a claimant4 7,b7 ,agreement on redactions ,the ,committee shall make a redaction under subparagraph 7,a7 only if agreement is reached on the precise information or data to be redacted by-- 7i7 the ,chairman and ,ranking ,member of the ,committee on ,ethics of the ,house of ,representatives1 in the case of a report concerning a ,member of the ,house of ,representatives 7including a ,delegate or ,resident ,commissioner to the ,congress7 or a senior staffer who is an employee of the ,house of ,representatives2 or 7ii7 the ,chairman and ,vice ,chairman of the ,select ,committee on ,ethics of the ,senate1 in the case of a report concerning a ,senator or senior staffer who is an employee of the ,senate4 7,c7 ,retention of unredacted reports ,each committee described in subparagraph 7,b7 shall retain a copy of the report1 without redactions4 7#e7 ,final disposition described ,in this subsection1 the final disposition of a claim means the following3 7,a7 ,an agreement to pay a settlement1 including an agreement reached pursuant to mediation under section #djd4 7,b7 ,an order to pay an award that is final and not subject to appeal4 7#f7 ,senior staffer defined ,in this subsection1 the term senior staffer means any individual who1 at the time a violation occurred1 was required to file a report under title ,i of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app474 4 #aac4 ,availability of remote work assignment or paid leave of absence during pendency of procedures 7a7 ,in general ,title ,,iv 7#b ,u4,s4,c4 #adja et seq47 is amended by adding at the end the following new section3 #dag4 ,option to request remote work assignment or paid leave of absence during pendency of procedures 7a7 ,options for employees 7#a7 ,remote work assignment ,at the request of a covered employee who files a claim alleging a violation described in section #djb7;b77#b77;,b7 by the covered employee's employing office1 during the pendency of any of the procedures available under this title for consideration of the claim1 the employing office may permit the covered employee to carry out the employee's responsibilities from a remote location 7referred to in this section as permitting a remote work assignment7 where such relocation would have the effect of materially reducing interactions between the covered employee and any person alleged to have committed the violation1 instead of from a 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 subsection cannot carry out the employee's responsibilities from a remote location or such relocation would not have the effect described in paragraph 7#a71 the employing office may during the pendency of the procedures described in paragraph 7#a7-- 7,a7 grant a paid leave of absence to the covered employee2 7,b7 permit a remote work assignment and grant a paid leave of absence to the covered employee2 or 7,c7 make another workplace adjustment1 or permit a remote work assignment1 that would have the effect of reducing interactions between the covered employee and any person alleged to have committed the violation described in section #djb7;b77#b77;,b74 7#c7 ,ensuring no retaliation ,an employing office may not respond to a covered employee's request under this subsection in a manner which would constitute a violation of section #bjg4 7#d7 ,no impact on vacation or personal leave ,in granting leave for a paid leave of absence under this section1 an employing office shall not require the covered employee to substitute1 for that leave1 any of the accrued paid vacation or personal leave of the covered employee4 7b7 ,exception for arrangements subject to collective bargaining agreements ,subsection 7a7 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 7b7 ,clerical amendment ,the table of contents is amended by adding at the end of the items relating to tile ,,iv the following new item3 ,sec4 #dag4 ,option to request remote work assignment or paid leave of absence during pendency of procedures4 4 #aad4 ,modification of rules on confidentiality of proceedings 7a7 ,claims and investigations ,section #daf7;a7 7#b ,u4,s4,c4 #adaf7;a77 is amended to read as follows3 7a7 ,claims and investigations ,information relating to the fact that a claim was filed under section #djb1 the information in the filing under section #djb1 and any information resulting from the investigation of a claim under section #djc1 shall be confidential4 ,except as provided in section #djc7;c77#e71 the report created by the ,general ,counsel pursuant to section #djc7;c77#a7 shall be confidential4 ,nothing in this ,act may be construed to prohibit a covered employee or an employing office from disclosing a factual allegation supporting the claim or any defense to the claim1 if the information contained in the allegation was not obtained in a confidential proceeding4 4 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 #aae4 ,reimbursement by other employing offices of legislative branch of payments of certain awards and settlements 7a7 ,requiring reimbursement ,section #dae 7#b ,u4,s4,c4 #adae71 as amended by section #aaa1 is further amended by adding at the end the following new subsection3 7f7 ,reimbursement by employing offices 7#a7 ,notification of payments made from account ,as soon as practicable after the ,executive ,director is made aware that a payment of an award or settlement under this ,act has been made from the account described in subsection 7a7 in connection with a claim alleging covered discrimination or covered harassment1 as such terms are defined in subsection 7e77#d7 by an employing office 7other than an employing office described in subparagraph 7,a71 7,b71 or 7,c7 of section #aja7i771 the ,executive ,director shall notify the head of the employing office associated with the claim that the payment has been made1 and shall include in the notification a statement of the amount of the payment4 7#b7 ,reimbursement by office ,not later than #ahj days after receiving a notification from the ,executive ,director under paragraph 7#a71 the head of the employing office involved shall transfer to the account described in subsection 7a71 out of any funds available for operating expenses of the office1 a payment equal to the amount specified in the notification4 7#c7 ,timetable and procedures for reimbursement ,the head of an employing office shall transfer a payment under paragraph 7#b7 in accordance with such timetable and procedures as may be established under regulations promulgated by the ,office4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to payments made under section #dae of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adae7 on or after the date of the enactment of this ,act4 ,,ii ,improving ,operations of ,office of ,congressional ,workplace ,rights #bja4 ,reports on claims1 awards1 and settlements 7a7 ,semiannual reports on claims1 awards1 and settlements 7#a7 ,requiring submission and publication of reports ,section #cja 7#b ,u4,s4,c4 #acha7 is amended-- 7,a7 in subsection 7h77#c71 by striking complaint each place it appears and inserting claim2 and 7,b7 by adding at the end the following new subsection3 7l7 ,semiannual reports on claims1 awards1 and settlements 7#a7 ,in general ,not later than #de days after the first #f-month period of each calendar year1 and not later than #de days after the next #f-month period of each calendar year1 the ,office shall submit to ,congress and publish on the ,office's public website a report listing each award or settlement which was paid during the previous #b #f-month periods from the account described in section #dae7;a7 as the result of a claim alleging a violation of part ,a of title ,,ii1 including the employing office involved1 the amount of the award or settlement1 the provision of part ,a of title ,,ii which was the subject of the claim1 and 7in the case of an award or settlement resulting from covered discrimination or covered harassment committed personally by a ,member of ,congress1 as defined in section #dae7;e77#d771 whether the ,member or former ,member is in compliance with the requirement of section #dae7;e7 to reimburse the account for the amount of the award or settlement4 7#b7 ,protection of identity of individuals receiving awards and settlements ,in preparing and submitting the reports required under paragraph 7#a71 the ,office shall ensure that the identity or position of any claimant is not disclosed4 7#c7 ,authority to protect the identity of a claimant 7,a7 ,in general ,in carrying out paragraph 7#b71 the ,executive ,director may make an appropriate redaction to the data included in the report described in paragraph 7#a7 if the ,executive ,director determines that including the data considered for redaction may lead to the identity or position of a claimant unintentionally being disclosed4 ,the report shall note each redaction and include a statement that the redaction was made solely for the purpose of avoiding such an unintentional disclosure of the identity or position of a claimant4 7,b7 ,record-keeping the ,executive ,director shall retain a copy of the report described in subparagraph 7,a71 without redactions4 7#d7 ,definition ,in this subsection1 the term claimant means an individual who received an award or settlement1 or who made an allegation of a violation against an employing office4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply with respect to #bjah and each succeeding year4 7b7 ,report on amounts previously paid 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,office of ,congressional ,workplace ,rights shall submit to ,congress and make available to the public on the ,office's public website a report on all payments made with public funds prior to the date of the enactment of this ,act for awards and settlements in connection with violations of section #bja7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa7;a771 or related retaliation1 as defined in section #aja of such ,act 7#b ,u4,s4,c4 #acja71 and shall include in the report the following information3 7,a7 ,the amount paid for each such award or settlement4 7,b7 ,the source of the public funds used for the award or settlement1 without regard to whether the funds were paid from the account described in section #dae7;a7 of such ,act 7#b ,u4,s4,c4 #adae7;a771 an account of the ,house of ,representatives or ,senate1 or any other account of the ,federal ,government4 7#b7 ,rule of construction regarding identification of ,house and ,senate accounts ,nothing in paragraph 7#a77;,b7 may be construed to require or permit the ,office of ,congressional ,workplace ,rights to report the account of any specific office of the ,house of ,representatives or ,senate as the source of funds used for an award or settlement4 #bjb4 ,record retention ,section #cja 7#b ,u4,s4,c4 #acha71 as amended by section #bja7;a71 is further amended by adding at the end the following new subsection3 7m7 ,record retention ,the ,office shall establish and maintain a program for the permanent retention of its records1 including the redacted and unredacted records described in section #cja7l77#c7 and the records of investigations1 mediations1 hearings1 and other proceedings conducted under this ,act4 4 #bjc4 ,workplace climate surveys of employing offices 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 ,workplace climate surveys of employing offices 7a7 ,requirement to conduct surveys ,not later than #a year after the date of the enactment of this section1 and every #b years thereafter1 the ,office shall conduct a survey of employees of employing offices described in subparagraphs 7,a71 7,b71 and 7,c7 of section #aja7i71 regarding the workplace environment of such office4 7b7 ,special inclusion of information on sexual harassment and discrimination ,in each survey conducted under this section1 the ,office shall survey respondents on attitudes regarding sexual harassment and discrimination4 7c7 ,methodology 7#a7 ,in general ,the ,office shall conduct each survey under this section in accordance with methodologies established by the ,office4 7#b7 ,confidentiality ,under the methodologies established under paragraph 7#a71 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 7d7 ,use of results of surveys ,the ,office shall furnish the information obtained from the surveys conducted under this section to the ,committee on ,house ,administration of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on ,rules and ,administration1 of the ,senate4 7e7 ,consultation with ,committees ,the ,office shall carry out this section1 including establishment of methodologies and procedures under subsection 7c71 in consultation with the ,committee on ,house ,administration of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on ,rules and ,administration1 of the ,senate4 7f7 ,inclusion of ,library of ,congress ,for purposes of this section1 the ,library of ,congress shall be considered an employing office subject to subsection 7a74 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 ,workplace climate surveys of employing offices4 4 #bjd4 ,office of ,employee ,advocacy 7a7 ,establishment ,there is established in the ,office of the ,secretary of the ,senate the ,office of ,employee ,advocacy 7hereafter in this section referred to as the ,office74 7b7 ,covered employee of the ,senate ,in this section1 the term covered employee of the ,senate-- 7#a7 means a covered employee 7as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja77 who is an employee of the ,senate 7as defined in such section72 and 7#b7 includes a staff member described in section #bja7;d77#a7 of such ,act 7#b ,u4,s4,c4 #acaa7;d77#a771 as amended by section #cjc7;a71 of an employing office of the ,senate 7including a former staff member described in such section #bja7;d77#a7 who was such a staff member at the time of the alleged violation74 7c7 ,functions 7#a7 ,legal assistance1 consultation1 and representation ,subject to subsection 7d71 the ,office shall carry out the following functions3 7,a7 ,providing legal assistance and consultation to covered employees of the ,senate regarding the procedures of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 and the procedures applicable to civil actions arising under such ,act1 including-- 7i7 the roles and responsibilities of the ,office of ,congressional ,workplace ,rights1 the ,office of the ,senate ,chief ,counsel for ,employment1 and similar authorities2 7ii7 any proceedings conducted under such ,act2 7iii7 the authority of the ,office of ,congressional ,workplace ,rights to compel cooperation and testimony under investigations and proceedings conducted under title ,,iv of such ,act 7#b ,u4,s4,c4 #adja et seq472 and 7iv7 the employee's duties relating to such proceedings1 including the responsibility to testify4 7,b7 ,providing legal assistance and representation-- 7i7 in personal civil legal matters related to a covered employee of the ,senate's initiation of1 or participation in1 proceedings under title ,,iv of such ,act 7#b ,u4,s4,c4 #adja et seq47 7other than a civil action filed under section #djh of such ,act 7#b ,u4,s4,c4 #adjh772 and 7ii7 in any proceedings of the ,office of ,congressional ,workplace ,rights1 the ,select ,committee on ,ethics of the ,senate1 or any other administrative or judicial body related to the alleged violations of such ,act which are the subject of the proceedings initiated by the covered employee of the ,senate1 or the proceedings in which the covered employee of the ,senate participates1 under title ,,iv of such ,act 7#b ,u4,s4,c4 #adja et seq474 7,c7 ,operating a hotline through which covered employees of the ,senate may contact the ,office4 7#b7 ,authority to provide assistance in any jurisdiction ,notwithstanding any law regarding the licensure of attorneys1 an attorney who is employed by the ,office and is authorized to provide legal assistance and representation under this section is authorized to provide that assistance and representation in any jurisdiction1 subject to such regulations as may be prescribed by the ,office4 7#c7 ,nature of relationship ,the relationship between the ,office and an employee to whom the ,office provides legal assistance1 consultation1 and representation under this section shall be the relationship between an attorney and client4 7#d7 ,prohibiting acceptance of award of attorney fees or other costs ,the ,office may not accept any award of attorney fees or other litigation expenses and costs under any hearing or civil action brought under the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq474 7#e7 ,prohibiting assistance in other matters or proceedings ,the ,office may not provide any legal assistance1 consultation1 or representation with respect to any matter or proceeding which does not arise under the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq474 7d7 ,prohibiting provision of assistance upon filing of civil action ,if a covered employee of the ,senate files a civil action with respect to an alleged violation of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq471 as provided in section #djh of such ,act 7#b ,u4,s4,c4 #adjh71 the ,office may not provide assistance under this section to the covered employee with respect to investigations or proceedings under such ,act in connection with such alleged violation at any time after the employee files such action4 7e7 ,director 7#a7 ,appointment ,the ,office shall be headed by a ,director who shall be appointed by the ,secretary of the ,senate4 7#b7 ,qualifications2 nonpartisanship of position ,the individual appointed as ,director shall be a lawyer who is admitted to practice before the ,united ,states ,district ,court for the ,district of ,columbia and who has experience in representing employees in workplace discrimination cases4 7#c7 ,compensation ,the ,director shall be paid at an annual rate established by the ,secretary of the ,senate4 7#d7 ,removal ,the ,director may be removed by the ,secretary of the ,senate only for cause4 7f7 ,other personnel ,subject to regulations of the ,committee on ,rules and ,administration of the ,senate and with the approval of the ,secretary of the ,senate1 the ,director may appoint and fix the compensation of such additional personnel as the ,director determines to be necessary to carry out the functions of the ,office4 7g7 ,nonpartisanship of positions ,the ,director and the other personnel of the ,office shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the position4 7h7 ,exercise of rulemaking powers ,congress adopts the provisions of this section-- 7#a7 as an exercise of the rulemaking power of the ,senate1 and as such they shall be considered as part of the rules of the ,senate and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules2 and 7#b7 with full recognition of the constitutional right of the ,senate to change those rules at any time1 in any manner1 and to the same extent as is the case of any other rule of the ,senate4 #bje4 ,,gao study of management practices 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study of the management practices of the ,office of ,congressional ,workplace ,rights4 7b7 ,report to ,congress ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the study conducted under subsection 7a71 and shall include in the report such recommendations as the ,comptroller ,general considers appropriate for improvements to the management practices of the ,office of ,congressional ,workplace ,rights4 #bjf4 ,,gao audit of cybersecurity 7a7 ,audit ,the ,comptroller ,general of the ,united ,states shall conduct an audit of the cybersecurity systems and practices of the ,office of ,congressional ,workplace ,rights4 7b7 ,report to ,congress ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the audit conducted under subsection 7a71 and shall include in the report such recommendations as the ,comptroller ,general considers appropriate for improvements to the cybersecurity systems and practices of the ,office of ,congressional ,workplace ,rights4 ,,iii ,miscellaneous ,reforms #cja4 ,definitions ,section #aja 7#b ,u4,s4,c4 #acja7 is amended by adding at the end the following3 7#ac7 ,committed personally ,the term committed personally1 used with respect to an act and an individual1 does not include a practice committed by a second individual and attributed to the first individual or that individual's employing office4 7#ad7 ,member of ,congress ,the term ,member of ,congress means a ,member of the ,house of ,representatives 7including a ,delegate or ,resident ,commissioner to the ,congress7 or a ,senator4 7#ae7 ,related retaliation ,the term related retaliation1 used with respect to a provision1 means a response that is prohibited under section #bjg1 except that each reference in section #bjg to this ,act shall be considered to be a reference to that provision4 4 #cjb4 ,application of ,genetic ,information ,nondiscrimination ,act of #bjjh ,section #ajb of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acjb7 is amended by adding at the end the following3 7c7 ,genetic ,information ,nondiscrimination ,act of #bjjh ,the provisions of this ,act that apply to a violation of section #bja7;a77#a7 shall be considered to apply to a violation of title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq471 consistent with section #bjg7;c7 of that ,act 7#db ,u4,s4,c4 #bjjj;ff-#f7;c774 4 #cjc4 ,extension to unpaid staff of rights and protections against employment discrimination 7a7 ,extension ,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 and section #bjg regarding related retaliation shall apply with respect to any staff member of an employing office who carries out official duties of the employing office but who is not paid by the employing office for carrying out such duties1 including an intern1 an individual detailed to an employing office1 and an individual participating in a fellowship program 7including an applicant for an internship1 a detail position1 or a fellowship and a former intern1 detailee1 or fellow71 in the same manner and to the same extent as such subsections apply with respect to a covered employee4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 may be construed to extend liability for a violation of subsection 7a7 or section #bjg to an employing office on the basis of an action taken by any person who is not under the supervision or control of the employing office4 7#c7 ,intern defined ,for purposes of this section1 the term intern means an individual who performs service for an employing office which is uncompensated by the ,united ,states1 who obtains an educational benefit1 such as by earning credit awarded by an educational institution or learning a trade or occupation1 and who is appointed on a temporary basis4 4 7b7 ,technical correction relating to office responsible for disbursement of pay to ,house employees ,section #aja7g7 7#b ,u4,s4,c4 #acja7g77 is amended by striking disbursed by the ,clerk of the ,house of ,representatives and inserting disbursed by the ,chief ,administrative ,officer of the ,house of ,representatives4 #cjd4 ,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 7a7 ,in general ,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 violations described in subsection 7b72 and 7#b7 includes contact information for the ,office4 7b7 ,violations ,a violation described in this subsection is-- 7#a7 discrimination prohibited by section #bja7;a7 7including1 in accordance with section #ajb7;c71 discrimination prohibited by title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq4771 #bjf7;a71 or #baj7;b72 and 7#b7 a violation of section #bjg1 or a violation of section #dcaa7;b7 of title #ch1 ,united ,states ,code1 that is related to discrimination described in paragraph 7#a74 4 #cje4 ,general provisions ,section #bbe 7#b ,u4,s4,c4 #acfa7 is amended-- 7#a7 by striking subsection 7e72 and 7#b7 by redesignating subsection 7f7 as subsection 7e74 #cjf4 ,clarification of coverage of employees of ,stennis ,center and ,helsinki and ,china ,commissions 7a7 ,coverage of ,stennis ,center1 ,china ,review ,commission1 ,congressional-,executive ,china ,commission1 and ,helsinki ,commission 7#a7 ,treatment of employees as covered employees ,section #aja7c7 7#b ,u4,s4,c4 #acja7c77 is amended-- 7,a7 by striking or at the end of subparagraph 7,i72 7,b7 by striking the period at the end of subparagraph 7,j7 and inserting 2 and2 and 7,c7 by adding at the end the following3 7,k7 the ,john ,c4 ,stennis ,center for ,public ,service ,training and ,development2 7,l7 the ,china ,review ,commission2 7,m7 the ,congressional-,executive ,china ,commission2 and 7,n7 the ,helsinki ,commission4 4 7#b7 ,treatment of ,center and ,commissions as employing office ,section #aja7i77;,d7 7#b ,u4,s4,c4 #acja7i77;,d77 is amended by striking and the ,office of ,technology ,assessment and inserting the following3 the ,john ,c4 ,stennis ,center for ,public ,service ,training and ,development1 the ,china ,review ,commission1 the ,congressional-,executive ,china ,commission1 and the ,helsinki ,commission44 7#c7 ,definitions of commissions ,section #aja 7#b ,u4,s4,c4 #acja71 as amended by section #cja1 is further amended by adding at the end the following3 7#ae7 ,china ,review ,commission ,the term ,china ,review ,commission means the ,united ,states-,china ,economic and ,security ,review ,commission established under section #abch of the ,floyd ,d4 ,spence ,national ,defense ,authorization ,act for ,fiscal ,year #bjja 7#bb ,u4,s4,c4 #gjjb71 as enacted into law by section #a of ,public ,law #ajf-cih4 7#af7 ,congressional-,executive ,china ,commission ,the term ,congressional-,executive ,china ,commission means the ,congressional-,executive ,commission on the ,people's ,republic of ,china established under title ,,iii of the ,u4,s4-,china ,relations ,act of #bjjj 7,public ,law #ajf-bhf2 #bb ,u4,s4,c4 #fiaa et seq474 7#ag7 ,helsinki ,commission ,the term ,helsinki ,commission means the ,commission on ,security and ,cooperation in ,europe established under the ,act entitled ,an ,act to establish a ,commission on ,security and ,cooperation in ,europe1 approved ,june #c1 #aigf 7,public ,law #id-cjd2 #bb ,u4,s4,c4 #cjja et seq474 4 7b7 ,legal assistance and representation 7#a7 ,in general ,title ,v 7#b ,u4,s4,c4 #adca et seq47 is amended-- 7,a7 by redesignating section #eji as section #eab2 and 7,b7 by inserting after section #ejh the following3 #eji4 ,legal assistance and representation ,legal assistance and representation under this ,act1 including assistance and representation with respect to the proposal or acceptance of the disposition of a claim under this ,act1 shall be provided to the ,china ,review ,commission1 the ,congressional-,executive ,china ,commission1 and the ,helsinki ,commission-- 7#a7 by the ,house ,employment ,counsel of the ,house of ,representatives1 in the case of assistance and representation in connection with a claim filed under title ,,iv 7including all subsequent proceedings under such title in connection with the claim7 at a time when the chair of the ,commission is a ,member of the ,house1 and in the case of assistance and representation in connection with any subsequent claim related to the initial claim where the subsequent claim involves the same parties2 or 7#b7 by the ,senate ,chief ,counsel for ,employment of the ,senate1 in the case of assistance and representation in connection with a claim filed under title ,,iv 7including all subsequent proceedings under such title in connection with the claim7 at a time when the chair of the ,commission is a ,senator1 and in the case of assistance and representation in connection with any subsequent claim related to the initial claim where the subsequent claim involves the same parties4 4 7#b7 ,clerical amendments ,the table of contents is amended-- 7,a7 by redesignating the item relating to section #eji as relating to section #eab2 and 7,b7 by inserting after the item relating to section #ejh the following new item3 ,sec4 #eji4 ,legal assistance and representation4 4 7c7 ,conforming ,amendments ,section #aja 7#b ,u4,s4,c4 #acja7 is amended1 in paragraphs 7#g7 and 7#h71 by striking through 7,i7 and inserting through 7,n74 7d7 ,effective date ,the amendments made by subsections 7a7 through 7c7 shall apply with respect to claims alleging violations of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 which are first made on or after the date of the enactment of this ,act4 #cjg4 ,training and education programs of other employing offices 7a7 ,requiring offices ,to develop and implement programs ,title ,v 7#b ,u4,s4,c4 #adca et seq471 as amended by section #cjf7;b71 is further amended by adding at the end the following3 #eaj4 ,training and education programs of employing offices 7a7 ,requiring offices ,to develop and implement programs ,each employing office shall develop and implement a program to train and educate covered employees of the office in the rights and protections provided under this ,act1 including the procedures available under this ,act to consider alleged violations of this ,act4 7b7 ,report to committees 7#a7 ,in general ,not later than #de days after the beginning of each ,congress 7beginning with the ,one ,hundred ,sixteenth ,congress71 each employing office shall submit a report to the ,committee on ,house ,administration of the ,house of ,representatives and the ,committee on ,rules and ,administration of the ,senate on the implementation of the program required under subsection 7a74 7#b7 ,special rule for first report ,not later than #ahj days after the date of the enactment of the ,congressional ,accountability ,act of #aiie ,reform ,act1 each employing office shall submit the report described in paragraph 7#a7 to the ,committees described in such paragraph4 7c7 ,exception for offices of ,congress ,this section does not apply to an employing office described in subparagraph 7,a71 7,b71 or 7,c7 of section #aja7i74 4 7b7 ,clerical amendment ,the table of contents is amended by inserting after the item relating to section #eji1 as inserted by section #cjg7;b71 the following new item3 ,sec4 #eaj4 ,training and education programs of employing offices4 4 #cjh4 ,support for out-of-area covered employees 7a7 ,in general ,title ,v 7#b ,u4,s4,c4 #adca et seq471 as amended by section #cjg7;a71 is further amended by adding at the end the following3 #eaa4 ,support for out-of-area covered employees 7a7 ,in general ,all covered employees whose location of employment is outside of the ,washington1 ,,dc area 7referred to in this section as out-of-area covered employees1 shall have equitable access to the resources and services provided by the ,office and under this ,act as is provided to covered employees who work in the ,washington1 ,,dc area4 7b7 ,duties of ,office of ,congressional ,workplace ,rights ,the ,office shall-- 7#a7 establish a method by which out-of-area covered employees may communicate securely with the ,office1 which shall include an option for real-time audiovisual communication2 and 7#b7 provide guidance to employing offices regarding how each office can provide the resources and services provided under this ,act to out-of-area covered employees1 including information regarding the communication methods described in paragraph 7#a74 7c7 ,duties of employing offices ,each employing office shall ensure that any out-of-area covered employees of the employing office are provided the equitable access required under this section1 including information regarding how to communicate with the ,office4 4 7b7 ,clerical amendment ,the table of contents is amended by inserting after the item relating to section #eaj1 as inserted by section #cjg7;b71 the following new item3 ,sec4 #eaa4 ,support for out-of-area employees4 4 #cji4 ,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 title 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 7a7 ,in general ,except as otherwise provided in this ,act1 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 7b7 ,no effect on pending proceedings ,nothing in this ,act or the amendments made by this ,act may be construed to affect any proceeding or payment of an award or settlement relating to a claim under title ,,iv of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adja et seq47 which is pending as of the date of the enactment of this ,act4 ,if1 as of that date1 an employee has begun any of the proceedings under that title that were available to the employee prior to that date1 the employee may complete1 or initiate and complete1 all such proceedings1 and such proceedings shall remain in effect with respect to1 and provide the exclusive proceedings for1 the claim involved until the completion of all such proceedings4 ,may #ba1 #bjah,read the second time and placed on the calendar