February 6, 2018 CONGRESSIONAL RECORD — HOUSE H797 NOES—186 ANNOUNCEMENT BY THE SPEAKER Sec. 114. Modification of rules on confiden- Adams Garamendi Nolan PRO TEMPORE tiality of proceedings. Aguilar Gomez Norcross Sec. 115. Reimbursement by other employ- Amash Gonzalez (TX) O’Halleran The SPEAKER pro tempore. Pursu- ing offices of legislative branch Barraga´ n Green, Al O’Rourke ant to clause 8 of rule XX, the Chair of payments of certain awards Bass Green, Gene Pallone will postpone further proceedings and settlements. Beatty Grijalva Panetta today on motions to suspend the rules TITLE II—IMPROVING OPERATIONS OF Bera Hanabusa Pascrell OFFICE OF COMPLIANCE Bishop (GA) Hastings Payne on which a recorded vote or the yeas Blumenauer Heck Pelosi and nays are ordered, or on which the Sec. 201. Reports on claims, awards, and set- Blunt Rochester Higgins (NY) Perlmutter vote incurs objection under clause 6 of tlements. Bonamici Himes Peters rule XX. Sec. 202. Workplace climate surveys of em- Boyle, Brendan Hoyer Peterson ploying offices. F. Huffman The House will resume proceedings Pingree Sec. 203. Record retention. Brady (PA) Jackson Lee on postponed questions at a later time. Pocan Sec. 204. GAO study of management prac- Brown (MD) Jayapal Polis Brownley (CA) Jeffries f tices. Price (NC) Sec. 205. GAO audit of cybersecurity. Bustos Johnson (GA) Quigley CONGRESSIONAL ACCOUNTABILITY Butterfield Johnson, E. B. Raskin TITLE III—MISCELLANEOUS REFORMS Capuano Kaptur ACT OF 1995 REFORM ACT Rice (NY) Sec. 301. Extension to unpaid staff of rights Carbajal Keating Richmond Mr. HARPER. Mr. Speaker, I move to ´ and protections against em- Cardenas Kelly (IL) Rosen suspend the rules and pass the bill Carson (IN) Kennedy ployment discrimination. Roybal-Allard Cartwright Khanna (H.R. 4924) to amend the Congressional Ruiz Sec. 302. Coverage of employees of Library Castor (FL) Kihuen Ruppersberger Accountability Act of 1995 to reform of Congress. Castro (TX) Kildee Rush the procedures provided under such Act Sec. 303. Clarification of coverage of em- Cicilline Kilmer Ryan (OH) ployees of Helsinki and China Clark (MA) Kind for the initiation, investigation, and Sa´ nchez Commissions. Clarke (NY) Krishnamoorthi resolution of claims alleging that em- Sarbanes Cleaver Kuster (NH) Sec. 304. Training and education programs Schakowsky ploying offices of the legislative branch Clyburn Langevin of other employing offices. Schiff have violated the rights and protec- Cohen Larsen (WA) Sec. 305. Renaming Office of Compliance as Schneider Connolly Larson (CT) tions provided to their employees Office of Congressional Work- Cooper Lawrence Schrader under such Act, including protections place Rights. Scott (VA) Correa Lawson (FL) against sexual harassment, and for TITLE IV—EFFECTIVE DATE Costa Lee Scott, David Courtney Levin Serrano other purposes. Sec. 401. Effective date. Sewell (AL) Crist Lewis (GA) The Clerk read the title of the bill. TITLE I—REFORM OF DISPUTE Crowley Lieu, Ted Shea-Porter The text of the bill is as follows: Sherman RESOLUTION PROCEDURES Cuellar Lipinski H.R. 4924 Davis (CA) Loebsack Sires Subtitle A—Reform of Procedures for Initi- Davis, Danny Lofgren Slaughter Be it enacted by the Senate and House of Rep- ation, Investigation, and Resolution of DeFazio Lowenthal Smith (WA) resentatives of the United States of America in Claims DeGette Lowey Soto Congress assembled, SEC. 101. DESCRIPTION OF PROCEDURES AVAIL- Delaney Lujan Grisham, Speier SECTION 1. SHORT TITLE; REFERENCES IN ACT; ABLE FOR CONSIDERATION OF AL- DeLauro M. Suozzi TABLE OF CONTENTS. ´ Swalwell (CA) LEGED VIOLATIONS. DelBene Lujan, Ben Ray (a) SHORT TITLE.—This Act may be cited as Takano (a) PROCEDURES DESCRIBED.—Section 401 (2 Demings Lynch the ‘‘Congressional Accountability Act of DeSaulnier Maloney, Thompson (CA) U.S.C. 1401) is amended to read as follows: 1995 Reform Act’’. Deutch Carolyn B. Thompson (MS) ‘‘SEC. 401. PROCEDURE FOR CONSIDERATION OF (b) REFERENCES IN ACT.—Except as other- Dingell Maloney, Sean Titus ALLEGED VIOLATIONS. Tonko wise expressly provided, whenever in this Doggett Massie ‘‘(a) FILING AND INVESTIGATION OF Doyle, Michael Matsui Torres Act an amendment is expressed in terms of CLAIMS.—Except as otherwise provided, the F. McCollum Tsongas an amendment to or repeal of a section or procedure for consideration of an alleged vio- Ellison McEachin Vargas other provision, the reference shall be con- lation of part A of title II consists of— Engel McGovern Veasey sidered to be made to that section or other Vela ‘‘(1) the filing of a claim by the covered Eshoo McNerney provision of the Congressional Account- Espaillat Meeks Vela´ zquez employee alleging the violation, as provided ability Act of 1995 (2 U.S.C. 1301 et seq.). Esty (CT) Meng Visclosky in section 402; Evans Moore Wasserman (c) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: ‘‘(2) an investigation of the claim, to be Foster Moulton Schultz conducted by the General Counsel as pro- Frankel (FL) Murphy (FL) Waters, Maxine Sec. 1. Short title; references in Act; table vided in section 403; and Fudge Nadler Watson Coleman of contents. Gabbard Napolitano Welch ‘‘(3) a formal hearing as provided in section Gallego Neal Yarmuth TITLE I—REFORM OF DISPUTE 405, subject to Board review as provided in RESOLUTION PROCEDURES section 406, and judicial review in the United NOT VOTING—13 Subtitle A—Reform of Procedures for Initi- States Court of Appeals for the Federal Cir- Beyer Gutie´rrez Rooney, Thomas ation, Investigation, and Resolution of cuit as provided in section 407, but only if, Bridenstine Johnson (LA) J. Claims pursuant to an investigation conducted by Chu, Judy MacArthur Walz Sec. 101. Description of procedures available the General Counsel as provided in section Clay Palazzo Wilson (FL) for consideration of alleged vio- 403, the General Counsel finds either— Cummings Pearce lations. ‘‘(A) that there is reasonable cause to be- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Sec. 102. Reform of process for initiation of lieve that the employing office involved procedures. committed a violation of part A of title II as The SPEAKER pro tempore (during Sec. 103. Investigation of claims by General alleged in the covered employee’s claim; or the vote). There are 2 minutes remain- Counsel. ‘‘(B) that the General Counsel cannot de- ing. Sec. 104. Availability of mediation during termine whether or not there is reasonable investigations. cause to believe that the employing office Subtitle B—Other Reforms committed a violation of part A of title II as b 1141 Sec. 111. Requiring Members of Congress to alleged in the covered employee’s claim. So the resolution was agreed to. reimburse Treasury for ‘‘(b) RIGHT OF EMPLOYEE TO FILE CIVIL AC- amounts paid as settlements TION.— The result of the vote was announced and awards in cases of acts ‘‘(1) CIVIL ACTION.—A covered employee as above recorded. committed personally by Mem- who files a claim as provided in section 402 A motion to reconsider was laid on bers. may, during the period described in para- the table. Sec. 112. Automatic referral to congres- graph (3), file a civil action in a District sional ethics committees of dis- Court of the United States with respect to PERSONAL EXPLANATION position of certain claims alleg- the alleged violation involved, as provided in Mr. GUTIE´ RREZ. Mr. Speaker, I was un- ing violations of Congressional section 408. ‘‘(2) EFFECT OF FILING CIVIL ACTION.—Not- avoidably absent in the House chamber for Accountability Act of 1995 in- volving Members of Congress withstanding paragraph (2) or paragraph (3) rollcall votes, 53, 54, and 55 on Tuesday, Feb- and senior staff. of subsection (a), if the covered employee ruary 6, 2018. Had I been present, I would Sec. 113. Availability of remote work assign- files such a civil action— have voted ‘‘nay’’ on rollcall votes 53, 54, and ment or paid leave of absence ‘‘(A) the investigation of the claim by the 55. during pendency of procedures. General Counsel as provided in section 403,

VerDate Sep 11 2014 05:25 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.006 H06FEPT1 H798 CONGRESSIONAL RECORD — HOUSE February 6, 2018 or any subsequent formal hearing as pro- (3) by striking the second sentence. ular assessments of the effectiveness of the vided in section 405, shall terminate upon the (c) OTHER CONFORMING AMENDMENTS.— procedures under this title in providing for filing of the action by the covered employee; Title IV is amended— the timely resolution of claims, and shall and (1) by striking section 404 (2 U.S.C. 1404); submit semi-annual reports on such assess- ‘‘(B) the procedure for consideration of the and ments each year to the Committee on House alleged violation shall not include any fur- (2) by redesignating section 403 (2 U.S.C. Administration of the House of Representa- ther investigation of the claim by the Gen- 1403) as section 404. tives and the Committee on Rules and Ad- eral Counsel as provided in section 403 or any (d) CLERICAL AMENDMENTS.—The table of ministration of the Senate. subsequent formal hearing as provided in contents is amended— ‘‘(d) DEADLINE.—A covered employee may section 405. (1) by striking the item relating to section not file a claim under this section with re- ‘‘(3) PERIOD FOR FILING CIVIL ACTION.—The 404; and spect to an allegation of a violation of law period described in this paragraph with re- (2) by redesignating the item relating to after the expiration of the 180-day period spect to a claim is the 45-day period which section 403 as relating to section 404. which begins on the date of the alleged viola- begins on the date the covered employee files SEC. 102. REFORM OF PROCESS FOR INITIATION tion. the claim under section 402. OF PROCEDURES. ‘‘(e) NO EFFECT ON ABILITY OF COVERED EM- ‘‘(4) SPECIAL RULE FOR EMPLOYEES RECEIV- (a) INITIATION OF PROCEDURES.—Section 402 PLOYEE TO SEEK INFORMATION FROM OFFICE ING FINDING OF NO REASONABLE CAUSE UNDER (2 U.S.C. 1402) is amended to read as follows: OR PURSUE RELIEF.—Nothing in this section may be construed to limit the ability of a INVESTIGATION BY GENERAL COUNSEL.—Not- ‘‘SEC. 402. INITIATION OF PROCEDURES. withstanding paragraph (3), if a covered em- covered employee— ‘‘(a) INTAKE OF CLAIM BY OFFICE.—To com- ‘‘(1) to contact the Office or any other ap- ployee receives a written notice from the mence a proceeding under this title, a cov- General Counsel under section 403(c)(3) that propriate office prior to filing a claim under ered employee alleging a violation of law this section to seek information regarding the employee has the right to file a civil ac- made applicable under part A of title II shall tion with respect to the claim in accordance the employee’s rights under this Act and the file a claim with the Office. The claim shall procedures available under this title; with section 408, the covered employee may be made in writing under oath or affirma- file the civil action not later than 90 days ‘‘(2) in the case of a covered employee of an tion, and shall be in such form as the Office employing office of the House of Representa- after receiving such written notice. requires. PECIAL ULE FOR RCHITECT OF THE tives or Senate, to refer information regard- ‘‘(c) S R A ‘‘(b) INITIAL PROCESSING OF CLAIM.— CAPITOL AND CAPITOL POLICE.—In the case of ing an alleged violation of part A of title II ‘‘(1) INTAKE AND RECORDING; NOTIFICATION an employee of the Office of the Architect of to the Committee on Ethics of the House of TO EMPLOYING OFFICE.—Upon the filing of a Representatives or the Select Committee on the Capitol or of the Capitol Police, the Of- claim by a covered employee under sub- fice, after receiving a claim filed under sec- Ethics of the Senate (as the case may be); or section (a), the Office shall take such steps ‘‘(3) to file a civil action in accordance tion 402, may recommend that the employee as may be necessary for the initial intake use the grievance procedures of the Archi- with section 401(b).’’. and recording of the claim, including pro- tect of the Capitol or the Capitol Police for (b) CLERICAL AMENDMENT.—The table of viding the employee with all relevant infor- resolution of the employee’s grievance for a contents is amended by amending the item mation with respect to the rights of the em- specific period of time. relating to section 402 to read as follows: ployee under this title, and shall notify the ‘‘(d) RIGHTS OF PARTIES TO RETAIN PRIVATE ‘‘Sec. 402. Initiation of procedures.’’. head of the employing office of the claim. COUNSEL.—Nothing in this title may be con- SEC. 103. INVESTIGATION OF CLAIMS BY GEN- ‘‘(2) SPECIAL NOTIFICATION REQUIREMENTS strued to limit the authority of any indi- ERAL COUNSEL. FOR CLAIMS BASED ON ACTS COMMITTED PER- vidual, including a covered employee, the (a) INVESTIGATIONS DESCRIBED.—Title IV (2 head of an employing office, or an individual SONALLY BY MEMBERS OF CONGRESS.— U.S.C. 1401 et seq.), as amended by section who is alleged to have personally committed ‘‘(A) IN GENERAL.—In the case of a claim al- 101(b), is further amended by inserting after an act which consists of a violation of part A leging a violation described in subparagraph section 402 the following new section: (B) which consists of an act committed per- of title II to retain counsel to protect the in- ‘‘SEC. 403. INVESTIGATION OF CLAIMS. sonally by an individual who, at the time of terests of the individual at any point during ‘‘(a) INVESTIGATION.—Upon the completion any of the procedures provided under this committing the act, was a Member of the of the initial processing of a claim under sec- title for the consideration of an alleged vio- House of Representatives (including a Dele- tion 402(b), the General Counsel shall con- lation of part A of title II, including as pro- gate or Resident Commissioner to the Con- duct an investigation of the claim involved. vided under section 415(d)(7) with respect to gress) or a Senator, upon the filing of the ‘‘(b) SUBPOENAS.—To carry out an inves- Members of the House of Representatives claim under subsection (a), the Office shall tigation under this section, the General and Senators. notify such individual of the claim, the pos- Counsel may issue subpoenas in the same ‘‘(e) STANDARDS FOR COUNSEL PROVIDING sibility that the individual may be required manner, and subject to the same terms and REPRESENTATION.—Any counsel who rep- to reimburse the account described in sec- conditions, as a hearing officer may issue resents a party in any of the procedures pro- tion 415(a) for the amount of any award or subpoenas to carry out discovery with re- vided under this title shall have an obliga- settlement in connection with the claim, and spect to a hearing under section 405, except tion to ensure that, to the best of the coun- the right of the individual under section that the General Counsel may issue such a sel’s knowledge, information, and belief, as 415(d)(7) to intervene in any mediation, hear- subpoena on the General Counsel’s own ini- formed after an inquiry which is reasonable ing, or civil action under this title with re- tiative, without regard to whether or not a under the circumstances, each of the fol- spect to the claim. party requests that the General Counsel lowing is correct: ‘‘(B) VIOLATIONS DESCRIBED.—A violation issue the subpoena. It is the sense of Con- ‘‘(1) No pleading, written motion, or other described in this subparagraph is— gress that the General Counsel should issue paper is presented for any improper purpose, ‘‘(i) a violation of section 201(a); or subpoenas under this subsection only to the such as to harass, cause unnecessary delay, ‘‘(ii) a violation of section 207 which con- extent that other methods of obtaining in- or needlessly increase the cost of resolution sists of intimidating, taking reprisal against, formation with respect to an investigation of the matter. or otherwise discriminating against any cov- are insufficient to enable the General Coun- ‘‘(2) The claims, defenses, and other legal ered employee because the covered employee sel to conclude the investigation within the contentions the counsel advocates are war- has opposed any practice made unlawful by deadline described in subsection (e). ranted by existing law or by a nonfrivolous section 201(a). ‘‘(c) REPORT; FINDINGS.— argument for extending, modifying, or re- ‘‘(c) USE OF ELECTRONIC REPORTING AND ‘‘(1) REPORT.—Upon concluding an inves- versing existing law or for establishing new TRACKING SYSTEM.— tigation of a claim under this section, the law. ‘‘(1) ESTABLISHMENT AND OPERATION OF SYS- General Counsel shall transmit a written re- ‘‘(3) The factual contentions have evi- TEM.—The Office shall establish and operate port on the results of the investigation to dentiary support or, if specifically so identi- an electronic reporting system through the covered employee and the employing of- fied, will likely have evidentiary support which a covered employee may initiate a fice involved. after a reasonable opportunity for further in- proceeding under this title, and which will ‘‘(2) INCLUSION OF FINDINGS.—The General vestigation or discovery. keep an electronic record of the date and Counsel shall include in the report trans- ‘‘(4) The denials of factual contentions are time at which the proceeding is initiated and mitted under paragraph (1) one of the fol- warranted on the evidence or, if specifically will track all subsequent actions or pro- lowing findings: so identified, are reasonably based on belief ceedings occurring with respect to the pro- ‘‘(A) A finding that there is reasonable or a lack of information.’’. ceeding under this title. cause to believe that the employing office (b) CONFORMING AMENDMENT RELATING TO ‘‘(2) ACCESSIBILITY TO ALL PARTIES.—The committed a violation of part A of title II, as CIVIL ACTION.—Section 408 (2 U.S.C. 1408) is system shall be accessible to all parties to alleged in the covered employee’s claim. amended— such actions or proceedings, but only until ‘‘(B) A finding that there is no reasonable (1) by striking ‘‘section 404’’ and inserting the completion of such actions or pro- cause to believe that the employing office ‘‘section 401’’; ceedings. committed a violation of part A of title II, as (2) by striking ‘‘who has completed coun- ‘‘(3) ASSESSMENT OF EFFECTIVENESS OF PRO- alleged in the covered employee’s claim. seling under section 402 and mediation under CEDURES.—The Office shall use the informa- ‘‘(C) A finding that the General Counsel section 403’’; and tion contained in the system to make reg- cannot determine whether or not there is

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.009 H06FEPT1 February 6, 2018 CONGRESSIONAL RECORD — HOUSE H799 reasonable cause to believe that the employ- part A of title II, as alleged in a claim filed Member of the House of Representatives (in- ing office committed a violation of part A of by a covered employee; or cluding a Delegate or Resident Commis- title II, as alleged in the covered employee’s ‘‘(ii) a finding under section 403(c)(2)(C) sioner to the Congress) or a Senator, the in- claim. that the General Counsel cannot determine dividual shall reimburse the account for the ‘‘(3) NOTICE OF RIGHT TO FILE CIVIL AC- whether or not there is reasonable cause to amount of the award or settlement. TION.—If the General Counsel transmits a believe that the employing office committed ‘‘(B) VIOLATIONS DESCRIBED.—A violation finding under subparagraph (B) of paragraph a violation of part A of title II, as alleged in described in this subparagraph is— (2), the General Counsel shall also transmit the covered employee’s claim.’’. ‘‘(i) a violation of section 201(a); or to the covered employee a written notice (3) In subsection (c)(1), by striking ‘‘com- ‘‘(ii) a violation of section 207 which con- that the employee has the right to file a civil plaint’’ and inserting ‘‘claim’’. sists of intimidating, taking reprisal against, action with respect to the claim under sec- (4) In subsection (d) in the matter pre- or otherwise discriminating against any cov- tion 408. ceding paragraph (1), by striking ‘‘com- ered employee because the covered employee ‘‘(4) TRANSMISSION TO EXECUTIVE DIREC- plaint’’ and inserting ‘‘claim’’. has opposed any practice made unlawful by TOR.—If the General Counsel transmits a (5) In subsection (d)(2), by striking ‘‘no section 201(a). finding under subparagraph (A) or subpara- later than 60 days after filing of the com- ‘‘(2) WITHHOLDING AMOUNTS FROM SALARY.— graph (C) of paragraph (2), the General Coun- plaint’’ and inserting ‘‘no later than 60 days ‘‘(A) ESTABLISHMENT OF TIMETABLE AND sel shall also transmit the report to the Ex- after the Executive Director receives the PROCEDURES BY COMMITTEES.—For purposes ecutive Director. General Counsel’s report on the investiga- of carrying out subparagraph (B), the appli- ‘‘(5) TRANSMISSION OF REPORT ON INVESTIGA- tion of the claim’’. cable Committee shall establish a timetable TION OF CERTAIN CLAIMS TO CONGRESSIONAL (6) In subsection (g), by striking ‘‘com- and procedures for the withholding of ETHICS COMMITTEES.— plaint’’ and inserting ‘‘claim’’. amounts from the compensation of an indi- ‘‘(A) IN GENERAL.—In the case of a report (c) OTHER CONFORMING AMENDMENT.—The vidual who is a Member of the House of Rep- furnished by the General Counsel under para- heading of section 414 (2 U.S.C. 1414) is resentatives or a Senator. graph (1) on the results of an investigation of amended by striking ‘‘OF COMPLAINTS’’. ‘‘(B) DEADLINE.—The payroll administrator a claim alleging a violation described in sub- (d) CLERICAL AMENDMENTS.—The table of shall withhold from an individual’s com- paragraph (B) which consists of an act com- contents, as amended by section 101(c), is pensation and transfer to the account de- mitted personally by a Member of the House further amended as follows: scribed in subsection (a) (after transferring of Representatives (including a Delegate or (1) By inserting after the item relating to any amounts to the account of the individual Resident Commissioner to the Congress) or a section 402 the following new item: in the Thrift Savings Fund) such amounts as Senator, the General Counsel shall transmit ‘‘Sec. 403. Investigation of claims.’’. may be necessary to reimburse the account the report to— (2) By amending the item relating to sec- for the payment of an award or settlement ‘‘(i) the Committee on Ethics of the House tion 405 to read as follows: described in paragraph (1) if the individual of Representatives, in the case of a Member ‘‘Sec. 405. Hearing.’’. has not reimbursed the account as required of the House (including a Delegate or Resi- (3) By amending the item relating to sec- under paragraph (1) prior to the expiration of dent Commissioner to the Congress); or tion 414 to read as follows: the 90-day period which begins on the date a ‘‘(ii) the Select Committee on Ethics of the ‘‘Sec. 414. Settlement.’’. payment is made from the account for such Senate, in the case of a Senator. SEC. 104. AVAILABILITY OF MEDIATION DURING an award or settlement. ‘‘(B) VIOLATIONS DESCRIBED.—A violation INVESTIGATIONS. ‘‘(C) APPLICABLE COMMITTEE DEFINED.—In described in this subparagraph is— (a) OPTION TO REQUEST MEDIATION.—Sec- this paragraph, the ‘applicable Committee’ ‘‘(i) a violation of section 201(a); or tion 404(a) (2 U.S.C. 1404(a)), as redesignated means— ‘‘(ii) a violation of section 207 which con- by section 101(c), is amended to read as fol- ‘‘(i) the Committee on House Administra- sists of intimidating, taking reprisal against, lows: tion of the House of Representatives, in the or otherwise discriminating against any cov- ‘‘(a) AVAILABILITY OF MEDIATION DURING IN- case of an individual who, at the time of the ered employee because the covered employee VESTIGATION.—At any time during the inves- withholding, is a Member of the House; or has opposed any practice made unlawful by tigation of a covered employee’s claim under ‘‘(ii) the Committee on Rules and Adminis- section 201(a). section 403, the covered employee and the tration of the Senate, in the case of an indi- ‘‘(d) RECOMMENDATION OF MEDIATION.—At employing office may jointly file a request vidual who, at the time of the withholding, any time during the investigation of a claim for mediation with the Office.’’. is a Senator. under this section, the General Counsel may (b) PERIOD OF MEDIATION.—The second sen- ‘‘(3) USE OF AMOUNTS IN THRIFT SAVINGS make a recommendation that the covered tence of section 404(c) (2 U.S.C. 1404(c)), as re- FUND AS SOURCE OF REIMBURSEMENT.— employee and the employing office pursue designated by section 101(c), is amended to ‘‘(A) IN GENERAL.—If, by the expiration of mediation under section 404 with respect to read as follows: ‘‘The mediation period may the 180-day period which begins on the date the claim. be extended for one additional period of 30 a payment is made from the account de- ‘‘(e) DEADLINE FOR CONCLUDING INVESTIGA- days at the joint request of the covered em- scribed in subsection (a) for an award or set- TION.—The General Counsel shall conclude ployee and employing office.’’. tlement described in paragraph (1), an indi- the investigation of a claim under this sub- (c) REQUIRING PARTIES TO BE SEPARATED vidual who is a Member of the House of Rep- section, and transmit the report on the re- DURING MEDIATION AT REQUEST OF EM- resentatives or a Senator has not reimbursed sults of the investigation, not later than 90 PLOYEE.—Section 404(b)(2) (2 U.S.C. the account as required under paragraph (1), days after the claim is filed under section 1404(b)(2)), as redesignated by section 101(c), the Executive Director of the Federal Retire- 402, except that the General Counsel may is amended by striking ‘‘meetings with the ment Thrift Investment Board shall make a (upon notice to the parties to the investiga- parties separately or jointly’’ and inserting transfer, from the account of the individual tion) use an additional period of not to ex- ‘‘meetings with the parties during which, at in the Thrift Savings Fund to the account ceed 30 days to conclude the investigation.’’. the request of the covered employee, the par- described in subsection (a), of an amount (b) CONFORMING AMENDMENTS RELATING TO ties shall be separated,’’. equal to the award or settlement (reduced by HEARINGS CONDUCTED BY OFFICE OF COMPLI- Subtitle B—Other Reforms any amount the individual has reimbursed, ANCE.—Section 405 (2 U.S.C. 1405) is amended taking into account any amounts withheld as follows: SEC. 111. REQUIRING MEMBERS OF CONGRESS under paragraph (2)). (1) In the heading, by striking ‘‘ TO REIMBURSE TREASURY FOR COMPLAINT AMOUNTS PAID AS SETTLEMENTS ‘‘(B) INITIATION OF TRANSFER.—Notwith- AND’’. AND AWARDS IN CASES OF ACTS standing section 8435 of title 5, United States (2) By amending subsection (a) to read as COMMITTED PERSONALLY BY MEM- Code, the Executive Director shall make the follows: BERS. transfer under subparagraph (A) upon receipt ‘‘(a) REQUIREMENT FOR OFFICE TO CONDUCT (a) MANDATING REIMBURSEMENT OF of a written request to the Executive Direc- HEARINGS.— AMOUNTS PAID.—Section 415 (2 U.S.C. 1415) is tor from the Secretary of the Treasury, in ‘‘(1) HEARING REQUIRED UPON CERTAIN FIND- amended by adding at the end the following the form and manner required by the Execu- INGS BY GENERAL COUNSEL.— new subsection: tive Director, without the consent of the in- ‘‘(A) IN GENERAL.—If the General Counsel ‘‘(d) REIMBURSEMENT BY MEMBERS OF CON- dividual or the individual’s spouse or former transmits to the Executive Director a report GRESS OF AMOUNTS PAID AS SETTLEMENTS spouse (as the case may be). on the investigation of a claim under section AND AWARDS.— ‘‘(4) NOTIFICATION TO OFFICE OF PERSONNEL 403 which includes a finding described in sub- ‘‘(1) REIMBURSEMENT REQUIRED FOR CERTAIN MANAGEMENT AND SECRETARY OF THE TREAS- paragraph (B), the Office shall conduct a VIOLATIONS.— URY.—If, at the time an individual is first no hearing to consider the claim and render a ‘‘(A) IN GENERAL.—If a payment is made longer receiving compensation as a Member decision. from the account described in subsection (a) or a Senator, the amounts withheld under ‘‘(B) FINDINGS DESCRIBED.—A finding de- for an award or settlement in connection this subsection have not been sufficient to scribed in this subparagraph is— with a claim alleging a violation described in reimburse the account described in sub- ‘‘(i) a finding under section 403(c)(2)(A) subparagraph (B) which consists of an act section (a) for an award or settlement de- that there is reasonable cause to believe that committed personally by an individual who, scribed in paragraph (1), the payroll adminis- an employing office committed a violation of at the time of committing the act, was a trator—

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‘‘(A) shall notify the Director of the Office (4)) of a claim alleging a violation described ‘‘(3) ENSURING NO RETALIATION.—An em- of Personnel Management, who shall take in section 415(d)(1)(B) which consists of an ploying office may not grant a covered em- such actions as the Director considers appro- act committed personally by a Member of ployee’s request under this subsection in a priate to withhold from any annuity payable the House of Representatives (including a manner which would constitute reprisal or to the individual under chapter 83 or chapter Delegate or Resident Commissioner to the retaliation under section 207. 84 of title 5, United States Code, and transfer Congress) or a Senator, or by a senior staff of ‘‘(b) EXCEPTION FOR ARRANGEMENTS SUB- to the account described in subsection (a), an employing office of the House of Rep- JECT TO COLLECTIVE BARGAINING AGREE- such amounts as may be necessary to reim- resentatives or Senate, the Executive Direc- MENTS.—Subsection (a) does not apply to the burse the account for the payment; and tor shall refer the claim to— extent that it is inconsistent with the terms ‘‘(B) shall notify the Secretary of the ‘‘(A) the Committee on Ethics of the House and conditions of any collective bargaining Treasury, who (if necessary), notwith- of Representatives, in the case of a Member agreement which is in effect with respect to standing section 207 of the Social Security or senior staff of the House (including a Del- an employing office.’’. Act (42 U.S.C. 407), shall take such actions as egate or Resident Commissioner to the Con- (b) CLERICAL AMENDMENT.—The table of the Secretary of the Treasury considers ap- gress); or contents is amended by adding at the end of propriate to withhold from any payment to ‘‘(B) the Select Committee on Ethics of the the items relating to tile IV the following the individual under title II of the Social Se- Senate, in the case of a Senator or senior new item: curity Act and transfer to the account de- staff of the Senate. ‘‘Sec. 417. Availability of remote work as- scribed in subsection (a), such amounts as ‘‘(2) ACCESS TO RECORDS AND INFORMA- signment or paid leave of ab- may be necessary to reimburse the account TION.—If the Executive Director refers a sence during pendency of proce- for the payment. claim to a Committee under paragraph (1), dures.’’. ‘‘(5) COORDINATION BETWEEN OPM AND the Executive Director shall provide the TREASURY.—The Director of the Office of Committee with access to the records of any SEC. 114. MODIFICATION OF RULES ON CON- Personnel Management and the Secretary of investigations, hearings, or decisions of the FIDENTIALITY OF PROCEEDINGS. the Treasury shall carry out paragraph (4) in hearing officers and the Board under this (a) CLAIMS AND INVESTIGATIONS.—Section a manner that ensures the coordination of title, and any information relating to an 416(a) (2 U.S.C. 1416(a)) is amended to read as the withholding and transferring of amounts award or settlement paid, in response to follows: under such paragraph, in accordance with such claim. ‘‘(a) CLAIMS AND INVESTIGATIONS.—The fil- regulations promulgated by the Director and ‘‘(3) PROTECTION OF PERSONALLY IDENTIFI- ing of a claim under section 402 and any in- the Secretary. ABLE INFORMATION.—If a Committee to which vestigation of a claim under section 403 shall ‘‘(6) PAYROLL ADMINISTRATOR DEFINED.—In a claim is referred under paragraph (1) issues be confidential. Nothing in this subsection this section, the term ‘payroll adminis- a report with respect to the claim, the Com- may be construed to prohibit a covered em- trator’ means— mittee shall ensure that the report does not ployee or an employing office from dis- ‘‘(A) in the case of an individual who is a directly disclose the identity or position of closing any information related to the claim Member of the House of Representatives, the the individual who filed the claim. (including information related to the defense Chief Administrative Officer of the House of ‘‘(4) FINAL DISPOSITION DESCRIBED.—In this of the claim) in the course of any proceeding Representatives, or an employee of the Of- subsection, the ‘final disposition’ of a claim under this title.’’. fice of the Chief Administrative Officer who means any of the following: (b) MEDIATION.—Section 416(b) (2 U.S.C. is designated by the Chief Administrative Of- ‘‘(A) An order or agreement to pay an 1416(b)) is amended by striking ‘‘All medi- ficer to carry out this subsection; or award or settlement, including an agreement ation’’ and inserting ‘‘All information dis- ‘‘(B) in the case of an individual who is a reached pursuant to mediation under section cussed or disclosed in the course of any me- Senator, the Secretary of the Senate, or an 404. diation’’. employee of the Office of the Secretary of ‘‘(B) A final decision of a hearing officer SEC. 115. REIMBURSEMENT BY OTHER EMPLOY- the Senate who is designated by the Sec- under section 405(g). ING OFFICES OF LEGISLATIVE retary to carry out this subsection. ‘‘(C) A final decision of the Board under BRANCH OF PAYMENTS OF CERTAIN ‘‘(7) RIGHT TO INTERVENE.—An individual section 406(e). AWARDS AND SETTLEMENTS. who is subject to the reimbursement require- ‘‘(D) A final decision in a civil action under (a) REQUIRING REIMBURSEMENT.—Section ment of this subsection shall have the right section 408. 415 (2 U.S.C. 1415), as amended by section 111, to intervene in any mediation, hearing, or ‘‘(5) SENIOR STAFF DEFINED.—In this sub- is further amended by adding at the end the civil action under this title to the extent section, the term ‘senior staff’ means any in- following new subsection: necessary to protect the interests of the in- dividual who, at the time a violation oc- ‘‘(e) REIMBURSEMENT BY EMPLOYING OF- dividual in the determination of whether an curred, was required to file a report under FICES.— award or settlement described in paragraph title I of the Ethics in Government Act of ‘‘(1) NOTIFICATION OF PAYMENTS MADE FROM (1) should be made, and the amount of any 1978 (5 U.S.C. App. 101 et seq.).’’. ACCOUNT.—As soon as practicable after the such award or settlement, except that noth- SEC. 113. AVAILABILITY OF REMOTE WORK AS- Executive Director is made aware that a ing in this paragraph may be construed to SIGNMENT OR PAID LEAVE OF AB- payment of an award or settlement under require the covered employee who filed the SENCE DURING PENDENCY OF PRO- this chapter has been made from the account claim to be deposed by counsel for the indi- CEDURES. described in subsection (a) in connection vidual in a deposition which is separate from (a) IN GENERAL.—Title IV (2 U.S.C. 1401 et with a claim alleging a violation of section any other deposition taken from the em- seq.) is amended by adding at the end the fol- 201(a) by an employing office (other than an ployee in connection with the hearing or lowing new section: employing office of the House of Representa- civil action.’’. ‘‘SEC. 417. AVAILABILITY OF REMOTE WORK AS- tives or an employing office of the Senate), (b) CONFORMING AMENDMENT RELATING TO SIGNMENT OR PAID LEAVE OF AB- the Executive Director shall notify the head THRIFT SAVINGS FUND.—Section 8437(e) of SENCE DURING PENDENCY OF PRO- of the employing office that the payment has title 5, United States Code, is amended by CEDURES. been made, and shall include in the notifica- striking ‘‘or an obligation’’ and inserting the ‘‘(a) OPTIONS FOR EMPLOYEES.— tion a statement of the amount of the pay- following: ‘‘an obligation of the Executive ‘‘(1) REMOTE WORK ASSIGNMENT.—At the re- ment. Director to make a transfer under section quest of a covered employee who files a ‘‘(2) REIMBURSEMENT BY OFFICE.—Not later 415(d)(3) of the Congressional Accountability claim alleging a violation of part A of title than 180 days after receiving a notification Act of 1995, or an obligation’’. II by the covered employee’s employing of- from the Executive Director under paragraph (c) EFFECTIVE DATE.—The amendments fice, during the pendency of any of the proce- (1), the head of the employing office involved made by subsection (a) shall apply with re- dures available under this title for consider- shall transfer to the account described in spect to payments made on or after the date ation of the claim, the employing office may subsection (a), out of any funds available for of the enactment of this Act. permit the covered employee to carry out operating expenses of the office, a payment SEC. 112. AUTOMATIC REFERRAL TO CONGRES- the employee’s responsibilities from a re- equal to the amount specified in the notifi- SIONAL ETHICS COMMITTEES OF mote location instead of from the location of cation. DISPOSITION OF CERTAIN CLAIMS ‘‘(3) TIMETABLE AND PROCEDURES FOR REIM- ALLEGING VIOLATIONS OF CON- the employing office. GRESSIONAL ACCOUNTABILITY ACT ‘‘(2) EXCEPTION FOR WORK ASSIGNMENTS RE- BURSEMENT.—The head of an employing of- OF 1995 INVOLVING MEMBERS OF QUIRED TO BE CARRIED OUT ONSITE.—If, in the fice shall transfer a payment under para- CONGRESS AND SENIOR STAFF. determination of the covered employee’s em- graph (2) in accordance with such timetable Section 416(e) (2 U.S.C. 1416(d)) is amended ploying office, a covered employee who and procedures as may be established under to read as follows: makes a request under this subsection can- regulations promulgated by the Office.’’. ‘‘(e) AUTOMATIC REFERRALS TO CONGRES- not carry out the employee’s responsibilities (b) EFFECTIVE DATE.—The amendment SIONAL ETHICS COMMITTEES OF DISPOSITIONS from a remote location, the employing office made by subsection (a) shall apply with re- OF CLAIMS INVOLVING MEMBERS OF CONGRESS may grant paid leave of absence to a covered spect to payments made under section 415 of AND SENIOR STAFF.— employee during the pendency of the proce- the Congressional Accountability Act of 1995 ‘‘(1) REFERRAL.—Upon the final disposition dures available under this title for the cov- on or after the date of the enactment of this under this title (as described in paragraph ered employee. Act.

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.009 H06FEPT1 February 6, 2018 CONGRESSIONAL RECORD — HOUSE H801 TITLE II—IMPROVING OPERATIONS OF thereafter, the Office shall conduct a survey TITLE III—MISCELLANEOUS REFORMS OFFICE OF COMPLIANCE of employing offices under this Act regard- SEC. 301. EXTENSION TO UNPAID STAFF OF SEC. 201. REPORTS ON CLAIMS, AWARDS, AND ing the workplace environment of such of- RIGHTS AND PROTECTIONS AGAINST SETTLEMENTS. fices. EMPLOYMENT DISCRIMINATION. (a) SEMIANNUAL REPORTS ON CLAIMS, ‘‘(b) SPECIAL INCLUSION OF INFORMATION ON (a) EXTENSION.—Section 201 (2 U.S.C. 1311) AWARDS, AND SETTLEMENTS.— SEXUAL HARASSMENT.—In each survey con- is amended— (1) REQUIRING SUBMISSION AND PUBLICATION ducted under this section, the Office shall (1) by redesignating subsection (d) as sub- OF REPORTS.—Section 301 (2 U.S.C. 1381) is survey respondents on attitudes regarding section (e); and amended by adding at the end the following sexual harassment. (2) by inserting after subsection (c) the fol- new subsection: ‘‘(c) METHODOLOGY.— lowing new subsection: ‘‘(l) SEMIANNUAL REPORTS ON CLAIMS, ‘‘(1) IN GENERAL.—The Office shall conduct ‘‘(d) APPLICATION TO UNPAID STAFF.— AWARDS, AND SETTLEMENTS.— each survey under this section in accordance ‘‘(1) IN GENERAL.—Subsections (a) and (b) ‘‘(1) IN GENERAL.—Not later than 45 days with methodologies established by the Of- shall apply with respect to any staff of an after the first 6-month period of each cal- fice. employing office who carry out official du- endar year, and not later than 45 days after ‘‘(2) CONFIDENTIALITY.—Under the meth- ties of the employing office but who are not the next 6-month period of each calendar odologies established under paragraph (1), all paid by the employing office for carrying out year, the Office shall submit to Congress and responses to all portions of the survey shall such duties, including an intern (including publish on the Office’s public website a re- be anonymous and confidential, and each re- an applicant for an internship and a former port listing each award or settlement which spondent shall be told throughout the survey intern), an individual detailed to an employ- was paid during the previous year from the that all responses shall be anonymous and ing office, and an individual participating in account described in section 415(a) as the re- confidential. a fellowship program, in the same manner sult of a claim alleging a violation of part A ‘‘(d) USE OF RESULTS OF SURVEYS.—The Of- and to the same extent as such subsections of title II, including the employing office in- fice shall furnish the information obtained apply with respect to an employee. volved, the amount of the award or settle- from the surveys conducted under this sec- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ment, the provision of part A of title II tion to the Committee on House Administra- paragraph (1) may be construed to extend li- which was the subject of the claim, and (in tion of the House of Representatives and the ability for a violation of subsection (a) to an the case of an award or settlement resulting Committee on Homeland Security and Gov- employing office on the basis of an action from a violation described in section ernmental Affairs of the Senate. taken by any person who is not under the su- 415(d)(1)(B) which was committed personally ‘‘(e) CONSULTATION WITH COMMITTEES.—The pervision or control of the employing office. by a Member or former Member of Congress), Office shall carry out this section, including ‘‘(3) INTERN DEFINED.—The term ‘intern’ whether the Member or former Member is in establishment of methodologies and proce- means an individual who performs service compliance with the requirement of section dures under subsection (c), in consultation for an employing office which is uncompen- 415(d) to reimburse the account for the with the Committee on House Administra- sated by the United States to earn credit amount of the award or settlement. tion of the House of Representatives and the awarded by an educational institution or to ‘‘(2) PROTECTION OF IDENTITY OF INDIVID- Committee on Homeland Security and Gov- learn a trade or occupation, and includes any UALS RECEIVING AWARDS AND SETTLEMENTS.— ernmental Affairs of the Senate. individual participating in a page program In preparing and submitting the reports re- ‘‘(f) INCLUSION OF LIBRARY OF CONGRESS.— operated by any House of Congress.’’. quired under paragraph (1), the Office shall For purposes of this section, the Library of (b) TECHNICAL CORRECTION RELATING TO OF- ensure that the identity or position of any Congress shall be considered an employing FICE RESPONSIBLE FOR DISBURSEMENT OF PAY individual who received an award or settle- office.’’. TO HOUSE EMPLOYEES.—Section 101(7) (2 ment, or who made an allegation of a viola- (b) CLERICAL AMENDMENT.—The table of U.S.C. 1301(7)) is amended by striking ‘‘dis- tion against an employing office, is not dis- contents is amended by adding at the end of bursed by the Clerk of the House of Rep- closed.’’. the items relating to title III the following resentatives’’ and inserting ‘‘disbursed by new item: the Chief Administrative Officer of the (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply with re- ‘‘Sec. 307. Workplace climate surveys of em- House of Representatives’’. spect to 2018 and each succeeding year. ploying offices.’’. SEC. 302. COVERAGE OF EMPLOYEES OF LIBRARY OF CONGRESS. (b) REPORT ON AMOUNTS PREVIOUSLY SEC. 203. RECORD RETENTION. (a) COVERAGE FOR PURPOSES OF PROTEC- PAID.— Section 301 (2 U.S.C. 1381), as amended by TIONS AGAINST WORKPLACE DISCRIMINATION.— (1) IN GENERAL.—Not later than 30 days section 201(a), is further amended by adding Section 201 (2 U.S.C. 1311), as amended by after the date of the enactment of this Act, at the end the following new subsection: section 301(a), is further amended— the Office of Compliance shall submit to ‘‘(m) RECORD RETENTION.—The Office shall (1) by redesignating subsection (e) as sub- Congress and make available to the public on establish and maintain a program for the section (f); and the Office’s public website a report on all permanent retention of its records, including (2) by inserting after subsection (d) the fol- payments made with public funds prior to the records of investigations, mediations, lowing new subsection: the date of the enactment of this Act for hearings, and other proceedings conducted ‘‘(e) COVERAGE OF LIBRARY OF CONGRESS.— awards and settlements in connection with under title IV.’’. For purposes of this section— violations of section 201(a)(1) of the Congres- SEC. 204. GAO STUDY OF MANAGEMENT PRAC- ‘‘(1) the Library of Congress shall be con- sional Accountability Act of 1995, and shall TICES. sidered an employing office; and include in the report the following informa- (a) STUDY.—The Comptroller General of ‘‘(2) the employees of the Library of Con- tion: the United States shall conduct a study of gress shall be considered covered employ- (A) The amount paid for each such award the management practices of the Office of ees.’’. or settlement. Compliance. (b) AVAILABILITY OF ALTERNATIVE GRIEV- (B) The source of the public funds used for (b) REPORT TO CONGRESS.—Not later than ANCE PROCEDURES.—Section 401 (2 U.S.C. the award or settlement, without regard to 180 days after the date of the enactment of 1401), as amended by section 101(a), is amend- whether the funds were paid from the ac- this Act, the Comptroller General of the ed— count described in section 415(a) of such Act United States shall submit to Congress a re- (1) by redesignating subsections (d) and (e) (2 U.S.C. 1415(a)), an account of the House of port on the study conducted under sub- as subsections (e) and (f); and Representatives or Senate, or any other ac- section (a), and shall include in the report (2) by inserting after subsection (c) the fol- count of the Federal Government. such recommendations as the Comptroller lowing new subsection: (2) RULE OF CONSTRUCTION REGARDING IDEN- General considers appropriate for improve- ‘‘(d) SPECIAL RULE FOR LIBRARY OF CON- TIFICATION OF HOUSE AND SENATE ACCOUNTS.— ments to the management practices of the GRESS.—In the case of an employee of the Li- Nothing in paragraph (1)(B) may be con- Office of Compliance. brary of Congress, the employee may use the strued to require or permit the Office to re- SEC. 205. GAO AUDIT OF CYBERSECURITY. alternative grievance procedures of the Li- port the account of any specific office of the (a) AUDIT.—The Comptroller General of the brary of Congress instead of the procedures House of Representatives or Senate as the United States shall conduct an audit of the under this title for consideration and resolu- source of funds used for an award or settle- cybersecurity systems and practices of the tion of an alleged violation of part A of title ment. Office of Compliance. II, except that if the employee files a claim SEC. 202. WORKPLACE CLIMATE SURVEYS OF EM- (b) REPORT TO CONGRESS.—Not later than as provided in section 402 with respect to the PLOYING OFFICES. 180 days after the date of the enactment of alleged violation, the employee may not use (a) REQUIRING SURVEYS.—Title III (2 U.S.C. this Act, the Comptroller General of the any of such alternative grievance procedures 1381 et seq.) is amended by adding at the end United States shall submit to Congress a re- for consideration and resolution of the al- the following new section: port on the audit conducted under subsection leged violation.’’. ‘‘SEC. 307. WORKPLACE CLIMATE SURVEYS OF (a), and shall include in the report such rec- (c) OTHER CONFORMING AMENDMENTS.— EMPLOYING OFFICES. ommendations as the Comptroller General (1) CIVIL RIGHTS ACT OF 1964.—Section 717(a) ‘‘(a) REQUIREMENT TO CONDUCT SURVEYS.— considers appropriate for improvements to of the Civil Rights Act of 1964 (42 U.S.C. Not later than 1 year after the date of the the cybersecurity systems and practices of 2000e–16(a)) is amended by striking ‘‘Smith- enactment of this section, and every 2 years the Office of Compliance. sonian Institution’’ and all that follows

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.009 H06FEPT1 H802 CONGRESSIONAL RECORD — HOUSE February 6, 2018 through ‘‘Library of Congress’’ and inserting ‘‘(A) by the House Employment Counsel of actment of the Congressional Accountability the following: ‘‘Smithsonian Institution, and the House of Representatives, in the case of Act of 1995 Reform Act, each employing of- in the Government Publishing Office and the assistance and representation in connection fice shall submit the report described in Government Accountability Office’’. with a claim filed under title IV (including paragraph (1) to the Committees described in (2) AGE DISCRIMINATION IN EMPLOYMENT ACT all subsequent proceedings under such title such paragraph. OF 1967.—Section 15 of the Age Discrimination in connection with the claim) at a time when ‘‘(c) EXCEPTION FOR OFFICES OF CON- in Employment Act of 1967 (29 U.S.C. 633a) is the chair of the Commission is a Member of GRESS.—This section does not apply to an amended— the House; or employing office of the House of Representa- (A) in subsection (a), by striking ‘‘Smith- ‘‘(B) by the Senate Chief Counsel for Em- tives or an employing office of the Senate.’’. sonian Institution’’ and all that follows ployment of the Senate, in the case of assist- (b) CLERICAL AMENDMENT.—The table of through ‘‘Library of Congress’’ and inserting ance and representation in connection with a contents is amended— the following: ‘‘Smithsonian Institution, and claim filed under title IV (including all sub- (1) by redesignating the item relating to in the Government Publishing Office and the sequent proceedings under such title in con- section 509 as relating to section 510; and Government Accountability Office’’; and nection with the claim) at a time when the (2) by inserting after the item relating to (B) in subsection (b), by striking the last chair of the Commission is a Senator. section 508 the following new item: sentence. ‘‘(3) DEFINITIONS.—In this subsection— ‘‘Sec. 509. Training and education programs (3) AMERICANS WITH DISABILITIES ACT OF ‘‘(A) the term ‘China Review Commission’ of employing offices.’’. 1990.—Section 510 of the Americans with Dis- means the United States-China Economic SEC. 305. RENAMING OFFICE OF COMPLIANCE AS abilities Act of 1990 (42 U.S.C. 12209) is and Security Review Commission established OFFICE OF CONGRESSIONAL WORK- amended— under section 1238 of the Floyd D. Spence Na- PLACE RIGHTS. (A) by amending the matter preceding tional Defense Authorization Act of 2001 (a) RENAMING.—Section 301 of the Congres- paragraph (1) to read as follows: ‘‘The Gov- (Public Law 106–398; 22 U.S.C. 7002); sional Accountability Act of 1995 (2 U.S.C. ernment Accountability Office and the Gov- ‘‘(B) the term ‘Congressional-Executive 1381 et seq.) is amended— ernment Publishing Office shall be covered China Commission’ means the Congres- (1) in the heading, by striking ‘‘OFFICE OF as follows:’’; and sional-Executive Commission on the People’s COMPLIANCE’’ and inserting ‘‘OFFICE OF CON- (B) in paragraph (4), by striking ‘‘means Republic of China established under title III GRESSIONAL WORKPLACE RIGHTS’’; and the following’’ and all that follows and in- of the U.S.–China Relations Act of 2000 (Pub- (2) in subsection (a), by striking ‘‘Office of serting the following: ‘‘means the following: lic Law 106–286; 22 U.S.C. 6911 et seq.); and Compliance’’ and inserting ‘‘Office of Con- the Government Accountability Office and ‘‘(C) the term ‘Helsinki Commission’ gressional Workplace Rights’’. the Government Publishing Office.’’. means the Commission on Security and Co- (b) CONFORMING AMENDMENTS TO CONGRES- (d) EFFECTIVE DATE.— operation in Europe established under the SIONAL ACCOUNTABILITY ACT OF 1995.—The (1) IN GENERAL.—The amendments made by Act entitled ‘An Act to establish a Commis- Congressional Accountability Act of 1995 is subsection (a) shall apply with respect to sion on Security and Cooperation in Europe’ amended as follows: claims alleging violations of part A of title (Public Law 94–304; 22 U.S.C. 3001 et seq.).’’. (1) In section 101(1) (2 U.S.C. 1301(1)), by II of the Congressional Accountability Act of (b) COVERAGE OF STENNIS CENTER.— striking ‘‘Office of Compliance’’ and insert- 1995 which are first made on or after the date (1) TREATMENT OF EMPLOYEES AS COVERED ing ‘‘Office of Congressional Workplace of the enactment of this Act. EMPLOYEES.—Section 101(3) (2 U.S.C. 1301(3)) Rights’’. (2) TREATMENT OF PENDING CLAIMS UNDER is amended— (2) In section 101(2) (2 U.S.C. 1301(2)), by EXISTING PROCEDURES.—If, as of the date of (A) by striking ‘‘or’’ at the end of subpara- striking ‘‘Office of Compliance’’ and insert- the enactment of this Act, an employee of graph (H); ing ‘‘Office of Congressional Workplace the Library of Congress has or could have (B) by striking the period at the end of Rights’’. filed a charge or complaint pursuant to pro- subparagraph (I) and inserting ‘‘; or’’; and (3) In section 101(3)(H) (2 U.S.C. 1301(3)(H)), cedures of the Library of Congress which (C) by adding at the end the following new by striking ‘‘Office of Compliance’’ and in- were available to the employee prior to such subparagraph: serting ‘‘Office of Congressional Workplace date for the resolution of a claim alleging a ‘‘(J) the John C. Stennis Center for Public Rights’’. violation of a provision of law made applica- Service Training and Development.’’. (4) In section 101(9)(D) (2 U.S.C. 1301(9)(D)), ble to the Library under section 201(a) of the (2) TREATMENT OF CENTER AS EMPLOYING OF- by striking ‘‘Office of Compliance’’ and in- Congressional Accountability Act of 1995 (in- FICE.—Section 101(9)(D) (2 U.S.C. 1301(9)(D)) is serting ‘‘Office of Congressional Workplace cluding procedures applicable pursuant to a amended by striking ‘‘and the Office of Tech- Rights’’. collective bargaining agreement), the em- nology Assessment’’ and inserting the fol- (5) In section 101(10) (2 U.S.C. 1301(10)), by ployee may complete, or initiate and com- lowing: ‘‘the Office of Technology Assess- striking ‘‘Office of Compliance’’ and insert- plete, all such procedures, and such proce- ment, and the John C. Stennis Center for ing ‘‘Office of Congressional Workplace dures shall remain in effect with respect to, Public Service Training and Development’’. Rights’’. (c) EFFECTIVE DATE.—The amendments and provide the exclusive procedures for, (6) In section 101(11) (2 U.S.C. 1301(11)), by made by this section shall take effect as if that charge or complaint until the comple- striking ‘‘Office of Compliance’’ and insert- included in the enactment of the Congres- tion of all such procedures. ing ‘‘Office of Congressional Workplace sional Accountability Act of 1995. SEC. 303. CLARIFICATION OF COVERAGE OF EM- Rights’’. SEC. 304. TRAINING AND EDUCATION PROGRAMS PLOYEES OF HELSINKI AND CHINA (7) In section 101(12) (2 U.S.C. 1301(12)), by OF OTHER EMPLOYING OFFICES. COMMISSIONS. striking ‘‘Office of Compliance’’ and insert- (a) REQUIRING OFFICES TO DEVELOP AND IM- (a) CLARIFICATION OF COVERAGE.—Section ing ‘‘Office of Congressional Workplace PLEMENT PROGRAMS.—Title V (2 U.S.C. 1431 101 (2 U.S.C. 1301) is amended— et seq.) is amended— Rights’’. (1) by striking ‘‘Except as otherwise’’ and (1) by redesignating section 509 as section (8) In section 210(a)(9) (2 U.S.C. 1331(a)(9)), inserting ‘‘(a) IN GENERAL.—Except as other- 510; and by striking ‘‘Office of Compliance’’ and in- wise’’; and (2) by inserting after section 508 the fol- serting ‘‘Office of Congressional Workplace (2) by adding at the end the following new lowing new section: Rights’’. subsection: (9) In section 215(e)(1) (2 U.S.C. 1341(e)(1)), ‘‘SEC. 509. TRAINING AND EDUCATION PROGRAMS ‘‘(b) CLARIFICATION OF COVERAGE OF EM- OF EMPLOYING OFFICES. by striking ‘‘Office of Compliance’’ and in- PLOYEES OF CERTAIN COMMISSIONS.— ‘‘(a) REQUIRING OFFICES TO DEVELOP AND serting ‘‘Office of Congressional Workplace ‘‘(1) COVERAGE.—With respect to the China IMPLEMENT PROGRAMS.—Each employing of- Rights’’. Review Commission, the Congressional-Exec- fice shall develop and implement a program (10) In section 220(e)(2)(G) (2 U.S.C. utive China Commission, and the Helsinki to train and educate covered employees of 1351(e)(2)(G)), by striking ‘‘Office of Compli- Commission— the office in the rights and protections pro- ance’’ and inserting ‘‘Office of Congressional ‘‘(A) any individual who is an employee of vided under this Act, including the proce- Workplace Rights’’. such Commission shall be considered a cov- dures available under title IV to consider al- (11) In the heading of title III, by striking ered employee for purposes of this Act; and leged violations of this Act. ‘‘OFFICE OF COMPLIANCE’’ and inserting ‘‘(B) the Commission shall be considered an ‘‘(b) REPORT TO COMMITTEES.— ‘‘OFFICE OF CONGRESSIONAL WORK- employing office for purposes of this Act. ‘‘(1) IN GENERAL.—Not later than 45 days PLACE RIGHTS’’. ‘‘(2) AUTHORITY TO PROVIDE LEGAL ASSIST- after the beginning of each Congress (begin- (12) In section 304(c)(4) (2 U.S.C. 1384(c)(4)), ANCE AND REPRESENTATION.—Subject to para- ning with the One Hundred Sixteenth Con- by striking ‘‘Office of Compliance’’ and in- graph (3), legal assistance and representation gress), each employing office shall submit a serting ‘‘Office of Congressional Workplace under this Act, including assistance and rep- report to the Committee on House Adminis- Rights’’. resentation with respect to the proposal or tration of the House of Representatives and (13) In section 304(c)(5) (2 U.S.C. 1384(c)(5)), acceptance of the disposition of a claim the Committee on Rules and Administration by striking ‘‘Office of Compliance’’ and in- under this Act, shall be provided to the of the Senate on the implementation of the serting ‘‘Office of Congressional Workplace China Review Commission, the Congres- program required under subsection (a). Rights’’. sional-Executive China Commission, and the ‘‘(2) SPECIAL RULE FOR FIRST REPORT.—Not (c) CLERICAL AMENDMENTS.—The table of Helsinki Commission— later than 180 days after the date of the en- contents is amended—

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.009 H06FEPT1 February 6, 2018 CONGRESSIONAL RECORD — HOUSE H803 (1) by amending the item relating to the and commitment of a bipartisan group ability Act and providing the process heading of title III to read as follows: of Members, including Representatives for disposing of claims. ‘‘TITLE III—OFFICE OF CONGRESSIONAL BYRNE, SPEIER, BROOKS, and DEUTCH, These are just a few of the reforms WORKPLACE RIGHTS’’; who want to ensure this institution re- that the CAA Reform Act makes. and mains worthy of the trust placed in it I am proud of the work of this com- (2) by amending the item relating to sec- by the American people. I also want to mittee and our bipartisan group of tion 301 to read as follows: thank Representatives DESANTIS, Members who have worked on this so ‘‘Sec. 301. Office of Congressional Workplace LOVE, COMSTOCK, and CHRIS SMITH for Rights.’’. diligently over the last several months. (d) REFERENCES IN OTHER LAWS, RULES, their contributions to this bill. Mr. Speaker, I encourage all of my AND REGULATIONS.—Any reference to the Of- As I have said previously and will colleagues to support this legislation, fice of Compliance in any law, rule, regula- state again, unequivocally, there is no and I reserve the balance of my time. tion, or other official paper in effect as of the place for sexual harassment, or any HOUSE OF REPRESENTATIVES, effective date of this Act shall be considered type of harassment, period, in the U.S. COMMITTEE ON HOUSE ADMINISTRATION, to refer and apply to the Office of Congres- House of Representatives. Washington, DC, February 2, 2018. sional Workplace Rights. It is no secret that the culture on Hon. SUSAN BROOKS, TITLE IV—EFFECTIVE DATE Capitol Hill is unique. While there are Chairwoman, House Committee on Ethics, SEC. 401. EFFECTIVE DATE. hundreds of employing offices, we Washington, DC. N ENERAL (a) I G .—Except as otherwise pro- should all share the common goal of DEAR CHAIRWOMAN BROOKS: I am writing to vided, this Act and the amendments made by creating effective work environments— you concerning H.R. 4924, the Congressional this Act shall take effect upon the expiration Accountability Act of 1995 Reform Act and of the 180-day period which begins on the environments that are safe, productive, collegial, and, most importantly, re- H. Res. 724, a resolution making operational date of the enactment of this Act. changes to the House of Representatives as (b) NO EFFECT ON PENDING PROCEEDINGS.— sponsive, responsive to the needs of our well as changes to the Code of Official Con- Nothing in this Act or the amendments made constituents and the public. duct. There are certain provisions in both by this Act may be construed to affect any During our review, the committee pieces of legislation that fall within the ju- proceeding under title IV of the Congres- held two hearings, three member lis- risdiction of the House Committee on Ethics. sional Accountability Act of 1995 which is tening sessions, a roundtable discus- In the interest of permitting the Com- pending as of the date of the enactment of sion with stakeholders, and meetings this Act. mittee on House Administration to proceed with victims and their advocates to ex- expeditiously for floor consideration of these The SPEAKER pro tempore. Pursu- amine how we could improve the work- important bills, I am writing to request a ant to the rule, the gentleman from place for everyone. We found the Con- waiver of your committee’s right to a refer- Mississippi (Mr. HARPER) and the gen- gressional Accountability Act of 1995 ral. I request with the understanding that by waiving consideration of these bills, the tleman from Pennsylvania (Mr. BRADY) to be outdated and in need of this com- each will control 20 minutes. Committee on Ethics does not waive any fu- The Chair recognizes the gentleman prehensive reform. ture jurisdictional claim over the subject We found the House training pro- from Mississippi. matters contained in the bills which fall grams to be inadequate in order to within its Rule X jurisdiction. GENERAL LEAVE meet the needs of all House employees. I will place this letter into the committee Mr. HARPER. Mr. Speaker, I ask Additionally, we found that our House report and into the Congressional Record unanimous consent that all Members policies and procedures are in need of during consideration of the measures on the have 5 legislative days to revise and ex- change as they relate to sexual harass- House floor. Thank you for the cooperative tend their remarks and include extra- ment in the workplace. spirit in which you have worked regarding neous material on the bill. Last November, the House took the this matter and others between our respec- The SPEAKER pro tempore. Is there tive committees. first step in addressing these issues by objection to the request of the gen- Sincerely, passing H. Res. 630, a resolution that, tleman from Mississippi? GREGG HARPER, There was no objection. among other things, requires all House Chairman. Mr. HARPER. Mr. Speaker, I yield employees to take annual, in-person myself such time as I may consume. antiharassment and antidiscrimination HOUSE OF REPRESENTATIVES, Mr. Speaker, a little more than 3 training. Passage of the CAA Reform COMMITTEE ON ETHICS, months ago, you tasked the Committee Act is the logical next step. Washington, DC, February 6, 2018. on House Administration with a great The CAA Reform Act makes a num- Hon. GREGG HARPER, Chairman, Committee on House Administration, responsibility, to undertake a com- ber of reforms to the Congressional Ac- countability Act that will ensure its Washington, DC. prehensive review of the training, poli- DEAR MR. CHAIRMAN: Thank you for your cies, and mechanisms to guard against future effectiveness, including: Reforming the dispute resolution letter regarding H.R. 4924, the Congressional sexual harassment in the congressional Accountability Act of 1995 Reform Act, and workplace. process to establish procedures for ini- H. Res. 724, a related resolution. As you tiating, investigating, and resolving al- b 1145 know, certain provisions of both bills fall leged violations of part A, title II, of within the jurisdiction of the Committee on I believe that the legislation we are the CAA; Ethics and your committee has previously considering today, H.R. 4924, the Con- Ensuring all claims are filed in writ- consulted with us regarding provisions of gressional Accountability Act of 1995 ing and are made under oath; these measures that fall within our commit- Reform Act, and, immediately fol- Requiring Members who have en- tee’s jurisdiction. We appreciate the oppor- lowing that, the House resolution, to- gaged in intentional discrimination to tunity to work with you, Ranking Member gether, respond to this great task. reimburse the Department of the Robert Brady, and your colleagues on the At the outset, I would like to thank Treasury; Committee on House Administration in a collegial and bipartisan manner on this im- the Speaker of the House, PAUL RYAN, Requiring the Office of Compliance, portant legislation. for his leadership on this issue and for the OOC, to report every 6 months of a The Committee on Ethics has unique and the trust he placed on our committee calendar year to Congress, and to pub- exclusive jurisdiction over the Code of Offi- to conduct this important review. lish on their website the awards and cial Conduct. In addition, the Committee on I would also like to thank and appre- settlements from the previous year; Ethics takes allegations of sexual harass- ciate the work done by our Conference Directing the OOC to conduct a cli- ment and discrimination and other viola- Chair, CATHY MCMORRIS RODGERS. mate survey of the legislative branch tions of workplace rights extremely seri- I would also thank every member of every 2 years; ously. However, in order to expedite Floor the Committee on House Administra- Directing the OOC to establish a per- consideration of these measures, the Com- tion, particularly the ranking member, manent record retention program; mittee on Ethics will forgo action on both measures. Mr. BRADY. He has been a great friend Expanding the definition of covered We believe that discharging the Committee and colleague over the last decade, and employees to include unpaid interns, on Ethics from further consideration of H.R. I appreciate being able to work closely fellows, and detailees; and 4924 and H. Res. 724 will serve in the best in- on this issue with him. Clarifying certain commissions, such terest of the House of Representatives to en- Both the CAA Reform Act and the as the Helsinki Commission, are cov- sure their swift consideration. It is our mu- House resolution reflect the dedication ered by the Congressional Account- tual understanding that forgoing action on

VerDate Sep 11 2014 05:25 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.009 H06FEPT1 H804 CONGRESSIONAL RECORD — HOUSE February 6, 2018 H.R. 4924 and H. Res. 724 will not prejudice HOUSE OF REPRESENTATIVES, We eliminate counseling; the Committee on Ethics with respect to ap- COMMITTEE ON HOUSE ADMINISTRATION, We eliminate the cooling off period; pointment of conferees or any future juris- Washington, DC, February 5, 2018. We make mediation optional; dictional claim over subject matter con- Hon. KEVIN BRADY, We change the system so that we pro- tained in this or similar legislation. Our Chairman, House Committee on Ways and tect the victim and not the perpe- committee also reserves the right to seek ap- Means, Washington, DC. DEAR CHAIRMAN BRADY: I am writing to trator; pointment of an appropriate number of con- We require more transparency with ferees to any House-Senate conference in- you concerning H.R. 4924, the Congressional volving this or similar legislation, and ask Accountability Act of 1995 Reform Act. regular reporting that has meaningful that you support any such request. We un- There are certain provisions in the legisla- information; derstand that your letter and this response tion that fall within the jurisdiction of the We change the confidentiality rule so will be included in the bill report filed by House Committee on Ways and Means. that the victim decides what to talk In the interest of permitting the Com- your Committee, as well as in the Congres- about and when; and mittee on House Administration to proceed sional Record. We hold Members accountable for expeditiously for floor consideration of this Sincerely, important bill, I am writing to request a their behavior by referring every case SUSAN W. BROOKS, waiver of your committee’s right to a refer- to the Ethics Committee. Chairwoman, Com- ral. I request with the understanding that by This is long overdue. mittee on Ethics. waiving consideration of these bills, the There is one person who has been THEODORE E. DEUTCH, Committee on Ways and Means does not Ranking Member, championing this work her entire ca- waive any future jurisdictional claim over Committee on Ethics. reer, the gentlewoman from California, the subject matter contained in the bill Representative JACKIE SPEIER, and I which falls within its Rule X jurisdiction. thank her. Without her, we would not HOUSE OF REPRESENTATIVES, I will place this letter into the committee be here. Representative SPEIER’s lead- COMMITTEE ON HOUSE ADMINISTRATION, report and into the Congressional Record Washington, DC, February 2, 2018. during consideration of the measure on the ership and persistence are the main Hon. TREY GOWDY, House floor. Thank you for the cooperative reasons we are so close to getting this Chairman, House Committee on Oversight and spirit in which you have worked regarding done, and the entire Congress should be Government Reform, Washington, DC. this matter and others between our respec- grateful for her work. tive committees. DEAR CHAIRMAN GOWDY: I am writing to It is because of the leadership of the Sincerely, you concerning H.R. 4924, the Congressional chairman that we are here on the floor GREGG HARPER, Accountability Act of 1995 Reform Act. today. As he has his entire 10 years on Chairman. There are certain provisions in the bill that the committee, he has been focused on fall within the jurisdiction of the House HOUSE OF REPRESENTATIVES, working together in a bipartisan way Committee on Oversight and Government COMMITTEE ON WAYS AND MEANS, where we can agree. Because of that Reform. Washington, DC, February 5, 2018. commitment, he will certainly be re- In the interest of permitting the Com- Hon. GREGG HARPER, membered as one of the most con- mittee on House Administration to proceed Chairman, Committee on House Administration, sequential chairmen of this committee. expeditiously for floor consideration of this Washington, DC. I thank him, and I cherish his friend- important bill, I am writing to request a DEAR CHAIRMAN HARPER: I am writing with respect to H.R. 4924, the ‘‘Congressional Ac- ship. waiver of your committee’s right to a refer- Mr. Speaker, I reserve the balance of ral. I request with the understanding that by countability Act of the 1995 Reform Act,’’ on waiving consideration of this bill, the Com- which the Committee on Ways and Means my time. mittee on Oversight and Government Reform was granted an additional referral. Mr. HARPER. Mr. Speaker, I yield does not waive any future jurisdictional As a result of your having consulted with 21⁄2 minutes to the gentleman from Ala- claim over the subject matters contained in us on provisions in H.R. 4924 that fall within bama (Mr. BYRNE). the bill which fall within its Rule X jurisdic- the Rule X jurisdiction of the Committee on Mr. BYRNE. Mr. Speaker, I thank tion. Ways and Means, I agree to waive formal the chairman for yielding. consideration of this bill so that it may Prior to coming to Congress, I I will place this letter into the committee move expeditiously to the floor. The Com- report and into the Congressional Record mittee on Ways and Means takes this action worked for 30 years as a labor and em- during consideration of the measure on the with the mutual understanding that we do ployment attorney in Alabama. I ad- House floor. Thank you for the cooperative not waive any jurisdiction over the subject vised clients on how to prevent sexual spirit. matter contained in this or similar legisla- harassment and how to navigate the Sincerely, tion, and the Committee will be appro- process if a harassment claim was GREGG HARPER, priately consulted and involved as the bill or made. Quite frankly, I was shocked to Chairman. similar legislation moves forward so that we see how complicated the congressional may address any remaining issues that fall process for handling sexual harassment within our jurisdiction. The Committee also HOUSE OF REPRESENTATIVES, COM- and other employment law claims was. MITTEE ON OVERSIGHT AND GOV- reserves the right to seek appointment of an appropriate number of conferees to any Mr. Speaker, this legislation is a ERNMENT REFORM, shining example of how Congress Washington, DC, February 6, 2018. House-Senate conference involving this or Hon. GREGG HARPER, similar legislation, and requests your sup- should work. Chairman HARPER and Chairman, Committee on House Administration, port for such request. Ranking Member BRADY engaged a bi- Washington, DC. Finally, I would appreciate your response partisan group of Members, including to this letter confirming this understanding, Representative JACKIE SPEIER and me, DEAR MR. CHAIRMAN: Thank you for your and would ask that a copy of our exchange of letter regarding H.R. 4924. As you know, cer- letters on this matter be included in the interested in solving this problem. tain provisions of the bill fall within the Ju- Congressional Record during floor consider- After months of thoughtful negotia- risdiction of Committee on Oversight and ation of H.R. 4924. tion, we come to the floor today with a Government Reform. Sincerely, product that this House and the Amer- I realize that discharging the Committee KEVIN BRADY, ican people can be proud of. on House Administration from further con- Chairman. Under this legislation, we will bring sideration of H.R. 4924 will serve in the best Mr. BRADY of Pennsylvania. Mr. the congressional workplace into the interest of the House of Representatives and Speaker, I yield myself such time as I 21st century and ensure that Congress agree to do so. It is the understanding of the may consume. plays by the same rules as the private Committee on Oversight and Government Mr. Speaker, since we began this sector. Reform that forgoing action on H.R. 4924 will process several months ago, I have met There are far too many important re- not prejudice the Committee with respect to with experts, my colleagues, and, most forms to mention all of them, but I appointment of conferees or any future juris- importantly, the survivors of sexual want to highlight a few that I think dictional claim. I request that your letter and this response be included in the bill re- harassment and assault. Their insight are especially transformative. port filed by your Committee, as well as in has informed this legislation today. First, the bill creates a fair and sim- the Congressional Record. By passing this proposal, Congress pler process for employees to file an Sincerely, will take a much-needed first step in employment law claim and for the TREY GOWDY. changing how we do business: claim to be resolved. The bill creates

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.010 H06FEPT1 February 6, 2018 CONGRESSIONAL RECORD — HOUSE H805 an Office of Employee Advocacy to en- datory mediation. They will be rep- swifter, fairer, and in a more efficient sure staff has access to legal counsel resented by counsel. They will no manner. This legislation prioritizes just as Member offices are provided. longer have cooling off periods and pe- protecting the victims while ensuring The process is also simplified to make riods where they have to be counseled due process for the accused. the claims process smoother, faster, legally, and they have the right to sue. Congress must be a force for justice and fairer. Most importantly, it creates the kind in order to ensure all employees have a Second, the bill increases trans- of transparency that we talk about but safe workplace environment that is parency by requiring that basic infor- rarely ever provide, and Members—yes, free of sexual harassment or discrimi- mation about any sexual harassment Members—are going to be held respon- nation of any kind, because it is com- or other claims be made public so the sible for their bad behavior. We will re- pletely unacceptable to be subjected to American people are fully aware of quire them to pay the settlement in harassment or discrimination of any what is happening in Congress. full in 90 days. If they can’t do that, we kind at any workplace in our country. Third, the bill will ensure that Mem- will garnish their wages, we will gar- The element of the CAA that allowed bers of Congress, not taxpayers, are re- nish their thrift saving plans, and we for silencing of victims and spending sponsible for paying out sexual harass- will garnish their Social Security. taxpayer dollars to settle claims for ment settlements that they are respon- We would not be here today were it Members of Congress must be changed. sible for. not for the unwavering commitment of The CAA Reform Act will increase Fourth, the related resolution paves Chairman HARPER, Ranking Member transparency and accountability in the way for every congressional office BRADY, Speaker RYAN, Leader PELOSI, Congress and create a more victim- to have a clearly defined Congressman BYRNE—whom I was de- friendly process. It ensures sexual har- antiharassment and antidiscrimination lighted to work with on this issue— assment and discrimination settle- policy. This reform alone will result in Congresswoman BROOKS, Congressman ments made, moving forward, will no greater awareness. DEUTCH, and the entire Committee on longer be secret. Fifth, the resolution prohibits Mem- House Administration. This bill will protect taxpayer dollars bers of Congress from engaging in a This would not be here today but for by requiring Members of Congress who sexual relationship with any staff the majority and minority committee have an award or judgment against member under their supervision and staff, especially Jamie Fleet, who has them for harassment to personally pay makes clear that sexual harassment is shown extraordinary leadership, as has for any settlement. a violation of the Code of Official Con- Kim Betz, for all the late nights and As chairwoman of the House Ethics duct and will not be tolerated. the lost weekends to get this bill over Committee, I am proud to work along- In closing, I want to again thank the finish line. And to my staff, who side the ranking member, Representa- Chairman HARPER and Ranking Mem- worked just as hard, to Molly Fishman tive DEUTCH, on this important, bipar- ber BRADY for their leadership on this and to Miriam Goldstein, I will forever tisan legislation. I want to thank our issue, and I strongly urge my col- be grateful for what you have provided. colleagues who worked to ensure that, leagues to support this bipartisan leg- The SPEAKER pro tempore (Mr. in order for the Ethics Committee to islation and the related resolution. BOST). The time of the gentlewoman fulfill its obligation of the House to in- Mr. BRADY of Pennsylvania. Mr. has expired. vestigate and potentially discipline Speaker, I yield 3 minutes to the gen- Mr. BRADY of Pennsylvania. Mr. Members and staff, now the committee tlewoman from California (Ms. SPEIER), Speaker, I yield the gentlewoman from must be given information on potential and, again, the main reason we are on California an additional 30 seconds. bad actors. The CAA Reform Act en- the floor today. Ms. SPEIER. But our work is not sures the Ethics Committee is given Ms. SPEIER. Mr. Speaker, I thank done. The Me Too movement is driving that information. the ranking member for his generosity change from the boardrooms to the and for his great leadership. break rooms across our great country. b 1200 Mr. Speaker, we are truly here on a I am committed to ensuring that Con- The SPEAKER pro tempore. The historic occasion. It is a rare and cru- gress looks beyond itself to improve time of the gentlewoman has expired. cial moment of bipartisanship. This is the lives of all workers in America. Mr. HARPER. Mr. Speaker, I yield an the way you can do it—men and Today, we take a great step forward additional 30 seconds to the gentle- women, Republicans and Democrats, for the congressional workplace. We woman. conservatives and liberals—coming to- show that we can come together across Mrs. BROOKS of Indiana. It provides gether to make this place better. party and geography. Tomorrow, let us an automatic referral to the Ethics When I first started this work back continue to work to make sexual har- Committee upon disposition of claims in 2014, I dreamed, but I did not dare to assment and violence in all workplace before the Office of Congressional hope, that we would end up here today. settings a thing of the past. Workplace Rights, currently known as Today, this bipartisan group of legisla- Mr. HARPER. Mr. Speaker, I yield 2 the Office of Compliance, so now the tors is taking a historic step that has minutes to the gentlewoman from Indi- House Ethics Committee can quickly plagued this institution for genera- ana (Mrs. BROOKS), the chairwoman of investigate allegations of wrongdoing tions. the Ethics Committee. while protecting the identity of the ac- For years, Members of Congress have Mrs. BROOKS of Indiana. Mr. Speak- cuser and ensuring due process for the gotten away with truly egregious be- er, I rise today in support of the bipar- accused. havior by mistreating their staff. A tisan Congressional Accountability Act By supporting this Reform Act, we story that will be etched in my mem- of 1995 Reform Act, introduced by the are showing the Nation that Congress ory forever is a young woman who sat House Administration chairman, Mr. is taking strong bipartisan action to in my office earlier this year and told HARPER, and the ranking member, Mr. improve the workplace called the peo- me her story and who said, as she BRADY. ple’s House and the conduct of those cried, the process was almost worse I also want to thank my colleagues who work in it. than the harassment. who have helped lead the effort, Rep- Mr. BRADY of Pennsylvania. Mr. No more, ladies and gentlemen, no resentative BYRNE and Representative Speaker, I yield 1 minute to the gentle- more will that be the case. Thanks to SPEIER, along with my colleague, the woman from California (Ms. PELOSI), the Me Too movement, the American ranking member of the House Ethics our Democratic leader. public has made it clear that they have Committee, Representative DEUTCH. Ms. PELOSI. Mr. Speaker, I thank had enough. They expect Congress to Current law, the CAA, as we call it, the gentleman for yielding. I also lead; and, for once, we are. was enacted over 20 years ago, and it thank him and Mr. HARPER for their Today, I am proud to support the has become so outdated. The proposed leadership in bringing this legislation CAA Reform Act. Based on the ME reforms in this CAA Reform Act work to the floor. TOO Congress Act, which I introduced to improve our response to harassment Congratulations to the Committee on last fall, this bill empowers survivors. and discrimination so that allegations House Administration. I commend Con- They will no longer be subject to man- of wrongdoing can be investigated gresswoman BROOKS and Congressman

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.026 H06FEPT1 H806 CONGRESSIONAL RECORD — HOUSE February 6, 2018 DEUTCH for their work on the Ethics Members of Congress are trustees of sional Accountability Act of 1995 Re- Committee in this regard. I thank Mr. the people. We have a solemn responsi- form Act; and H. Res. 724, the com- RASKIN as well for his work. bility to do well by the people, both the panion resolution which strengthens Of course I want to thank Congress- people who sent us to Washington, and antiharassment and antidiscrimination woman JACKIE SPEIER from California, those who serve by our sides here. Our policies and procedures in this institu- who has made this part of her life’s values and our humanity compel us to tion. work in officialdom in her public serv- take action and to finish this fight so These two bills show how Congress ice in the California Legislature and that every woman, man, and child can can make dramatic progress on a bipar- here. Today, the fruit of your labor, live free from the fear of abuse. tisan basis when we listen to the peo- Madam Congresswoman, comes to fru- Again, I thank Mr. BRADY and Mr. ple; specifically, the Me Too movement ition. Your strong leadership will en- HARPER for their leadership on this against workplace discrimination and sure that no survivor of discrimination issue. harassment that has swept America or harassment will face the injustice of Mr. HARPER. Mr. Speaker, I yield 2 into the 21st century by demanding having his or her voice silenced. minutes to the gentleman from Illinois equality and dignity in the workplace The ME TOO Congress Act is our (Mr. RODNEY DAVIS), the vice chairman for all women as well as all men. promise, in a bipartisan way, to hold of the Committee on House Adminis- This continuing Women’s March every person accountable to the rule of tration. Across America for workplace fairness absolutely zero tolerance. No matter Mr. RODNEY DAVIS of Illinois. Mr. has forced the Members of this body to someone’s contribution to our country, Speaker, I would like to thank Chair- acknowledge that, here in Congress, harassment and discrimination are al- man HARPER for his leadership on this sexual harassment has been a serious ways unacceptable. important piece of legislation. And I occupational hazard for thousands of With this bill, we are shining a blaz- would be remiss, Mr. Speaker, if I women who only want to come to work ing light on the scourge of workplace didn’t offer my thanks to our House to support their families and to con- abuse, which has been allowed to fester Administration Committee’s ranking tribute to the common good of the in the shadows for too long. We are se- member, Mr. BRADY. I thank him for country. curing protections for all employees by his leadership on this important issue, We have heard about shameful cases streamlining and strengthening the too. I want to thank my fellow col- of quid pro quo harassment, hostile resolution and reporting process. leagues on that committee for their workplace environment, groping, forc- We are holding Members personally hard work and diligence. ible kissing, sexual coercion, and re- responsible for settlements, and we are Mr. Speaker, no one should have to prisal and retaliation for saying no or guaranteeing taxpayer money will worry about sexual harassment when complaining. never again be used to create a culture they come to work. This bill is vital to As the representatives of the Amer- of complicity and silence around work- addressing this problem as we work to ican people, we have a compelling obli- place harassment. increase professionalism in the House gation to lead America to a culture of This bill is bipartisan because the and establish a workplace that is zero tolerance for sexual harassment fight against workplace harassment grounded in respect. and assault in the workplace; and we, and discrimination transcends party or In Congress, we have got to lead by in Congress, must lead, not only by politics. This legislation is about pro- example. As a member of this com- strong legislation, but by strong exam- tecting the personal safety of every mittee, my colleagues and I held hear- ple. person who comes to Congress to serve ings on preventing sexual harassment Our current dispute resolution proc- either as a Member or in the work- in the congressional workplace and the ess is stacked against victims, requir- force. This is about upholding human effectiveness of the Congressional Ac- ing people to go through a protracted dignity and the inalienable right to countability Act, which demonstrated and duplicative process. Members are live free from abuse. the need for reform. provided legal counsel, while victims Our Nation is at a watershed moment I am pleased to report that this bill are left to navigate this convoluted in the fight against sexual harassment continues the House Administration process on their own. Settlements, if and discrimination. Brave men and Committee’s commitment to increas- provided, are paid for with taxpayer women from Hollywood to Washington, ing transparency in the Federal Gov- money instead of the money of the per- from Sacramento—I might add, where ernment. Last Congress, we worked petrators of the events. my daughter has been involved in this hard to pass reforms that made House campaign—from the boardroom to the office spending more transparent and This legislation eliminates pro- newsroom, in the hotels, restaurants, accountable than any other area of the tracted mandatory waiting periods. It and workplaces, in every corner of the Federal Government. empowers victims to move directly to country, people are standing up to say: Today we are voting on a bill that a court proceeding if they so desire. It Time is up. will increase transparency of Member creates an Office of Employee Advo- But the Me Too movement has really conduct by requiring the Office of Com- cacy with lawyers on hand to help peo- made quite a difference. Their voices pliance to report on awards and settle- ple understand their rights. are correcting the culture around har- ments every 6 months and by holding The SPEAKER pro tempore (Mr. assment and abuse. Members personally responsible. This DUNCAN of Tennessee). The time of the But more needs to be done. The Con- strengthens the dispute resolution gentleman has expired. gress must continue to work with the process, enables employees to speak Mr. BRADY of Pennsylvania. Mr. Equal Employment Opportunity Com- without fear of retribution, and en- Speaker, I yield an additional 30 sec- mission and others to forge a path for- sures every House office has an onds to the gentleman. ward to improve protection for all antidiscriminatory and antiharassment Mr. RASKIN. It prohibits sexual rela- American workplaces. That is why I policy. tionships between Members of Congress am so pleased to bring this bill to the Mr. Speaker, I urge my colleagues to and their staffs. It holds offending floor. vote ‘‘yes’’ and to support this bill. Members personally responsible for Over recent times, Members of Con- Mr. BRADY of Pennsylvania. Mr. their conduct by requiring that they gress listened to survivors and advo- Speaker, I yield 2 minutes to the gen- pay any settlements that are actually cates, learned from public and private tleman from Maryland (Mr. RASKIN), a made. sector experts, and received construc- valued member of our committee. I thank Chairman HARPER and Rank- tive recommendations from many Mr. RASKIN. Mr. Speaker, I want to ing Member BRADY for their leadership. Members. We will not rest until every thank our chairman, Mr. HARPER; and I especially thank Congresswoman person in every workplace has full safe- the ranking member, Mr. BRADY, for JACKIE SPEIER for her untiring and ex- guards against harassment and abuse their excellent leadership on this legis- emplary advocacy over the years on and discrimination. This is a time for lation. this issue. I am glad that we are being shaking up the status quo, not for bow- I rise as a proud cosponsor and strong part of this great cultural paradigm ing to inaction and incrementalism. supporter of H.R. 4924, the Congres- shift in America right now.

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.028 H06FEPT1 February 6, 2018 CONGRESSIONAL RECORD — HOUSE H807 Mr. HARPER. Mr. Speaker, I yield 3 I also do think we still need to dis- I encourage my colleagues to support minutes to the gentlewoman from Vir- close all of those names going forward this bill and ensure that Congress does ginia (Mrs. COMSTOCK), who continues so that we have full accountability, be- its part in that important work. to work tirelessly on this issue. cause part of that misuse of power is Mr. HARPER. Mr. Speaker, may I in- Mrs. COMSTOCK. Mr. Speaker, I that they can continue to know they quire of the time remaining for debate. thank the chairman for his leadership. won’t be held accountable, and the vic- The SPEAKER pro tempore. The gen- I also thank all of my colleagues on the tims see that. So we need to have a tleman from Mississippi has 6 minutes committee and all of those who have strong message that there is nobody in remaining. The gentleman from Penn- participated in this process on this bill this body that would ever be allowed to sylvania has 91⁄2 minutes remaining. and this resolution. go forward without being held account- Mr. HARPER. Mr. Speaker, I yield 1 I rise in support of both the bill and able. minute to the gentleman from Florida the resolution. I encourage all of my colleagues to (Mr. DESANTIS). We know sexual harassment is about support this resolution and this impor- Mr. DESANTIS. Mr. Speaker, when power—a misuse of power that impacts tant legislation. news broke that there had been a series careers, lives, and self-esteem. We Mr. BRADY of Pennsylvania. Mr. of secret sexual harassment payments know most women do not come forward Speaker, I yield 2 minutes to the gen- paid for on behalf of Members of Con- and disclose sexual harassment. We tleman from Florida (Mr. DEUTCH). gress by tax dollars, I think a lot of know, often, they leave their desired Mr. DEUTCH. Mr. Speaker, last year, Americans, even by the low standards careers because of that. American culture experienced a mo- that they have for this body, were We have seen it in all industries: ment of reckoning. It doesn’t matter shocked to hear that. And it was al- predators such as Harvey Weinstein in what political party; it doesn’t matter most as if the rules were set up to Hollywood; Matt Lauer, Roger Ailes, what industry; it doesn’t matter when incentivize bad behavior by a Member Charlie Rose in the media; John Con- or where: sexual harassment and sexual because Members could harass people yers and Trent Franks in our own violence are unacceptable. and they wouldn’t be personally liable body. America has been willfully blind to for it, and they could keep it all secret. So it is so important that this legis- abuses of power for far too long. The This had to change, and I applaud lation, this historic step, is fundamen- bravery of survivors of sexual assault Chairman HARPER for leading on this tally changing that balance of power and harassment has changed that, has bill. And I am happy that the provi- by creating an office for the victims, changed our country, and it is time for sions of my bill have been adopted in the Office of Employee Advocacy. This Congress to follow their lead. this because I think it is important. is the single most important thing in I am grateful to introduce this bill Taxpayers should not bail Members of this legislation to restore that balance with my colleagues: House Administra- Congress out for misconduct, and this of power that has been misused by tion Chairman HARPER and Ranking bill fixes that and makes them person- those in power. Member BRADY; my counterpart on the ally liable. When I spoke to Dorena Bertussi, House Ethics Committee, Chairwoman We also need a full accounting of any who, 30 years ago, was sexually har- SUSAN BROOKS; all of whom worked so payments that are being made with tax assed in this body by Congressman Jim hard to develop these reforms. dollars. This bill does that. We have to I am going to thank Representative Bates from California, she didn’t have protect identities of victims. BYRNE for his commitment to this ef- I think we are making a step in the an office to go to. She didn’t even have fort, sharing his experience. And my right direction. I think this starts to one that wasn’t very good. So now, 30 colleague and friend, Congresswoman foster a culture of respect on Capitol years later, we are writing this. We now have transparency. People JACKIE SPEIER, deserves particular ap- Hill. Mr. Speaker, I urge my colleagues to can’t hide behind the process anymore. preciation and acknowledgment for her support the bill, and I thank Chairman The Members’ names will be known. strong leadership not just in crafting this bill, but throughout her career in HARPER for his efforts. Taxpayers will not be on the hook for Mr. BRADY of Pennsylvania. Mr. any of this. The offender themselves standing up for the rights of women; but, in this case, for crafting a bill that Speaker, I yield 2 minutes to the gen- will have to pay. We have all types of tlewoman from the District of Colum- methods in here to get that money be- will produce lasting change for the bia (Ms. NORTON). cause we want to make sure the victim United States Congress. This bill will allow survivors to (Ms. NORTON asked and was given is made whole. speak out, ensure that legal resources permission to revise and extend her re- I appreciate we have also adopted are available to them, and offer justice marks.) some of the DeSantis provisions to get without fear of retribution. This bill Ms. NORTON. Mr. Speaker, I want to a full accounting of past cases so we will not only strengthen our out-of- thank both sides for the bipartisan way know the amounts and we know ex- date workplace protections, but it will in which this bill has proceeded. actly what happened. And I am still send an important message to the en- Today, the House is doing no more concerned about those Members who tire country that Members of Congress than bringing itself in line with what may have used their MRAs, their Mem- will be held accountable. we have long required of the public sec- ber allowances, in an inappropriate Also with this legislation, the Office tor and Federal agencies. way. That is corrected in this bill and of Compliance must provide the House When I became chair of the Equal is no longer allowed. Ethics Committee with all of the infor- Employment Opportunity Commission Also, we have made it clear that mation required for the transparent in the late 1970s, sexual harassment there are no relationships with subor- pursuit of full accountability. was not even recognized as a form of dinates. I do want to mention that I employment discrimination. still do believe, despite—this is a great b 1215 We remedied that with sexual harass- bill and I heartily support it and so ap- It is time to end protections for pow- ment guidelines, later ratified by the preciate all the hard work that the erful abusers and to empower sur- Supreme Court. In drawing the sexual staff and everyone has done, but I still vivors. Each survivor must be heard, harassment guidelines, it never oc- do believe we need to disclose the past allegations must be taken seriously, curred to us that Congress would adopt names that are still unknown. Some of and abusers and harassers must be held special procedures for themselves, pref- those names have come forward be- accountable. erential to Members and prejudicial to cause of the press, because of victims Every congressional employee and employees. speaking out. every American deserves an equal The antidiscrimination statutes typi- We need to let the victims know that chance at success in their careers, free cally require some kind of conciliation they can speak out from the past. If from sexual harassment and free from before moving forward to avoid exces- they want to speak out, they can; that retaliation for defending themselves sive litigation, but the current process this body is not going to be using any and asserting their rights. creates multiple steps and time frames of our resources to stop a victim from Mr. Speaker, it is time to do the that exhaust complainants and deter the past from speaking out. work necessary to change our culture. resolution.

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.029 H06FEPT1 H808 CONGRESSIONAL RECORD — HOUSE February 6, 2018 It takes courage to file a sexual har- place can produce when we do come to- Now, this is not the circumstances assment complaint because most are gether. here in the House of Representatives, unwitnessed and they are difficult to Obviously, it provides congressional but I think it captures the intensity of corroborate. employees with comprehensive protec- silence, because those young women The most important provisions of tion from abuse, including zero toler- had to live or thought that that was this bill, I believe, are the provisions ance for sexual harassment. what they were obligated to do because for legal assistance to complainants, The bill significantly increases trans- they wanted to achieve greatness in which Members have long had, and per- parency on Member conduct by pub- their field, and they were stopped by sonal liability for sexual harassment lishing reports on awards and settle- the wall of silence and, therefore, could lying with the Member, not the tax- ments, and it holds Members person- not find relief. The courts have finally payers. ally financially responsible, ending the given them relief, but through an enor- This bill marks the Congress holding charade of having taxpayers foot the mity of pain. itself accountable to the public. How- bill for abuses. I think it is important for the con- ever, it is another focus on high-profile Very, very significantly, the new Of- gressional standards to be such that it workplaces. fice of Employee Advocacy, which the sets a wide net across the Nation to be I ask the House to move next to the legislation creates, will provide free able to ensure that the wall of silence workplaces of America where the aver- legal services to congressional employ- is broken. age woman and man works—hospi- ees. That is absolutely critical, Mr. Mr. Speaker, I support H.R. 4924, to tality, factories, offices, retail, and the Speaker, that House employees have a amend the Congressional Account- like. Increasingly, we find sexual har- dedicated advocate to consult, assist, ability Act of 1995 to reform the proce- assment is still widespread. and to represent them. dures provided under such Act for the Mr. Speaker, I want to thank Chair- Therefore, I hope the House will pass initiation, investigation, and resolu- man HARPER for including my bill, H.R. my bill to create a national commis- tion of claims alleging that employing 4393, as section 303 of this bill. This sec- sion to hear from ordinary workers so offices of the legislative branch have tion makes clear that employees of the that the average worker gets our equal violated the rights and protections pro- Helsinki Commission and the China attention and equal time. vided to their employees under such Commission, both of which I co-chair, Mr. Speaker, again, I thank the spon- Act, including protection against sex- are covered by the CAA. sors of this bill and for this bipartisan In 2011, Mr. Speaker, an employee, a ual harassment, and for other purposes. effort. woman employed by the Commission Mr. Speaker, this bill will provide a Mr. HARPER. Mr. Speaker, I yield 1 on Security and Cooperation in Europe, broader subpoena authority to the Of- minute to the gentlewoman from Utah filed suit making sexual harassment fice of Compliance, which adjudicates (Mrs. LOVE). and workplace retaliation allegations workplace disputes, and as well it Mrs. LOVE. Mr. Speaker, I would like directed to a former chairman of the would expand protections in other to thank Chairman HARPER and also commission. When I learned that the areas of antidiscrimination. Ranking Member BRADY for including woman was being told—the woman who Let me say that this is a positive the STOP Act in the House Adminis- lodged the complaint—that the CAA statement made by all of us, and I ask tration legislation. did not apply to her, I immediately, as my colleagues to support H.R. 4924. Shockingly, the Office of Compliance chairman, changed that policy. I Mr. Speaker, I rise today to express my confirms that hundreds of thousands of deemed it. Thankfully, I checked with support for H.R. 4924, the ‘‘Congressional Ac- dollars have been paid with taxpayer the House counsel, and I had the full countability Act of 1995 Reform Act,’’ legisla- money to settle sexual harassment backing of the House counsel. tion to amend the Congressional Account- cases against Members of Congress. I thought it was unconscionable that ability Act (CAA) of 1995 to reform the proce- I am pleased to say that the bill that this person was told not only did she dures provided under such Act for the initi- is before us today incorporates a bill not have representation, which, again, ation, investigation, and resolution of claims that I introduced last December to stop the Harper bill now provides, but the alleging that employing offices of the legisla- this practice, H.R. 4674. The Stop Tax- CAA itself did not cover her. That was tive branch have violated the rights and pro- payers Obligations to Perpetrators of a terrible, terrible wrong. That will be tections provided to their employees under Sexual Harassment Act will require rectified forever by this legislation. such Act, including protections against sexual Members of Congress to pay back any Mr. Speaker, again, I want to thank harassment, and for other purposes. taxpayer money used to settle sexual Chairman HARPER for his leadership. Legislative branch employees who allege harassment cases. Victims will be com- This is a remarkable bill, an important sexual harassment or other workplace viola- pensated, but taxpayers won’t be foot- bill, and will protect employees from tions could use an accelerated claims process ing the bill. abuse. under H.R. 4924. This bill promotes and supports due Mr. BRADY of Pennsylvania. Mr. The bill would amend the 1995 Congres- process. It sends a message that there Speaker, I yield 2 minutes to the gen- sional Accountability Act (CAA; Public Law isn’t a set fund out there paid for by tlewoman from Texas (Ms. JACKSON 104–1). the taxpayer ready for someone to ac- LEE). I celebrate and congratulate JACKIE SPEIER cess, but it also doesn’t encourage a Ms. JACKSON LEE. Mr. Speaker, let and the women members of Congress who Member who feels that they have done me thank the ranking member, Mr. stood up. Thanks again to the Ranking Mem- nothing wrong to settle so an issue can BRADY, and acknowledge his long- ber and Chairman of the House Administration just go away. standing leadership and friendship, and Committee. If a Member of Congress behaves as well the work that he does with the The amendments include: badly, the consequences of those ac- chairman and for his leadership as Eliminating a requirement for counseling tions are that person’s responsibility, well. and mediation before a legislative staffer could not the taxpayers’. I believe that Mem- This is a highlight on the floor of the file a civil action in a U.S. district court; bers should live by the laws that they House for the bipartisanship that it Requiring members of Congress to pay for create and the taxpayers should not be represents, the tone of which we are settlements and awards if they’re the alleged responsible for inappropriate behavior. speaking, even though we know that offender; Mr. Speaker, I encourage my col- this is a matter of urgency and we have Giving broader subpoena authority to the leagues to vote for this bill. seen the telling of situations that none Office of Compliance (OOC), which adju- Mr. HARPER. Mr. Speaker, I yield of us would want to see repeated. dicates workplace disputes for most legislative 21⁄2 minutes to the gentleman from New And forgive me for using more of a branch offices; Jersey (Mr. SMITH). most recent set of circumstances just Requiring the OOC to publish more informa- Mr. SMITH of New Jersey. Mr. to capture the intensity of the mo- tion on claims, awards, and settlement pay- Speaker, first of all, let me begin by ment, and that is, of course, the recent ments and reimbursements from lawmakers; thanking Chairman HARPER for this trial with a conspicuous and vile sex The measure follows recent accusations outstanding bipartisan legislation, and offender to the 200-plus young women that lawmakers sexually harassed or otherwise Mr. BRADY as well. This is what this athletes. mistreated employees.

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.051 H06FEPT1 February 6, 2018 CONGRESSIONAL RECORD — HOUSE H809 Some of those cases went through the OOC alleged violation. The measure, however, An office could allow an employee to work process and resulted in resignations and tax- would allow an employee to file a civil action remotely or grant the employee a paid leave payer-funded settlements. in a U.S. district court within 45 days, which of absence while a claim is pending. The OOC approved more than $17 million in would end the OOC investigation. The provisions wouldn’t override the terms awards and settlements from fiscal 1997 Otherwise, the matter would go through a of a collective bargaining agreement for the of- through 2017. revised OOC process. fice. Many of those cases originated outside of At the outset, the OOC would inform the The bill would rename the OOC as the ‘‘Of- member-led congressional offices and didn’t employee of his or her rights and notify the fice of Congressional Workplace Rights’’ and involve alleged sexual harassment. head of the employing office. make other changes to the office. The House is also slated to consider a sep- Employees could also contact the OOC be- The office publishes annual reports with sta- arate resolution (H. Res. 724) that would apply fore filing a claim to learn about their rights. tistics on employee contacts with the office, only to House offices and employees. The OOC general counsel’s investigative the basis of their claims, and the results of That measure would establish an office to authority is limited to certain types of claims, proceedings. provide House employees with free legal as- such as alleged violations of the Occupational The bill would require the office to publish sistance during the OOC process, and would Safety and Health Act. semiannual reports listing each award and set- bar the Office of Congressional Ethics from in- The bill would expand that authority to cover tlement in the previous year related to a wide vestigating an alleged workplace violation a wider range of claims, including alleged dis- range of CAA workplace claims if the money once a staffer files a claim with the OOC. crimination or harassment under the Civil comes from the Treasury account. These comprehensive reforms will provide a Rights Act. The reports would have to specify the em- positive change of culture within the Congress, The general counsel could issue subpoenas ploying offices, award amounts, and alleged and improve the overall process of both pre- regardless of whether a party requests one. violations. venting and reporting any harassment in the The bill would express the sense of Con- They would also have to indicate whether future. gress that subpoenas should be issued only if members of Congress made reimbursements The CAA requires congressional and other other methods are insufficient. resulting from cases of alleged discrimination. legislative offices, such as the Congressional The general counsel would have to finish Reports couldn’t include the names or posi- Budget Office, to comply with about a dozen the investigation within 120 days. tions of employees who filed a claim. workplace protections that apply to private- The OOC would have to conduct an admin- Within 30 days of the bill’s enactment, the sector and executive branch employees. istrative hearing if the general counsel finds office would have to publish a report on all For instance, the 1964 Civil Rights Act bars reasonable cause to believe there was a viola- previous payments related specifically to dis- discrimination based on factors such as race, tion, or if the general counsel is unable to crimination claims if the payment involved any religion, and sex. make a determination. public funds. The Supreme Court has held that the law If the general counsel finds no reasonable That report would have to indicate the also prohibits sexual harassment in the work- cause to believe a violation occurred, the em- amount paid and the source of public funds, place. ployee would be notified that he or she could including a House or Senate office account, Some CAA provisions don’t apply to offices still file a civil action within 90 days. though it couldn’t identify the specific office. The OOC would also have to establish an such as the Library of Congress (LOC), whose The general counsel could also recommend electronic system to receive and keep track of employees are covered by other laws and pro- mediation, and the parties could file a joint re- claims, and use the system to provide Con- cedures. quest for mediation at any time. gress with semiannual reports on the time re- To seek relief for certain workplace viola- The bill would allow an employee to request quired to resolve claims. tions specified in the CAA, a legislative em- mediation meetings in which the parties are The OOC would collect information from ployee must go through a multistep OOC separated. employing offices, including the Library of process. Any investigative reports concerning allega- Within 180 days of an alleged violation, the Congress, every two years on their workplace tions of discrimination or retaliation by mem- employee must bring it to the attention of the environment and attitudes regarding sexual bers of Congress would be referred to the OOC to initiate a 30-day counseling phase harassment. House and Senate Ethics committees. and be informed of his or her rights. All responses would be anonymous and The OOC would also refer claims to the The OOC doesn’t notify the employing office confidential. committees if there’s a final disposition—such unless the employee waives confidentiality. The OOC would consult with Congress on An employee can participate by phone and as a settlement or final decision by the OOC survey procedures and methodologies and be represented by someone else. or a court—in a case involving a lawmaker or share the survey results. If a claim isn’t resolved during the coun- a senior staffer. The office would have to create a program seling phase and the employee wishes to The bill would require current and former to permanently retain records of investigations, keep pursuing it, he or she must file a request members of Congress to reimburse the gov- mediations, hearings, and other proceedings. for mediation, which lasts at least 30 days and ernment if an employee receives an award or The Government Accountability Office would can be extended for an additional period. settlement for the member’s alleged act of dis- report to Congress on OOC management Materials prepared for mediation are kept crimination or retaliation. practices and cybersecurity. confidential, though an employee can still dis- Funds could be withheld from the member’s The bill would expand certain protections— cuss the allegations publicly, according to De- salary or retirement account if he or she including antidiscrimination provisions—to cember 2017 testimony from OOC Executive doesn’t meet payment deadlines specified in cover employees at the LOC, as well as un- Director Susan Tsui Grundmann. the bill. paid legislative branch interns, detailees, and If a resolution can’t be reached through me- The OOC would have to notify members as fellows. diation, the employee can file a confidential soon as a claim is filed that they may be re- Because of these clarifications and ex- administrative complaint with the OOC or a quired to provide reimbursement. panded protections included in H.R. 4924, I public civil action in a U.S. district court. The member could intervene in a mediation, stand in support of this bill and urge my col- Either filing has to be made within 90 days hearing, or civil action to contest an award or leagues to join me. after mediation ends, though the employee settlement, though the employee who filed the Mr. HARPER. Mr. Speaker, I yield 1 must wait at least 30 days during a ‘‘cooling claim couldn’t be subject to an additional dep- minute to the gentleman from New off’’ period. osition. Jersey (Mr. LANCE). OOC-appointed hearing officers are author- Non-congressional legislative offices would Mr. LANCE. Mr. Speaker, as a mem- ized to issue subpoenas to investigate the al- also have to reimburse the government for ber of the House Ethics Committee, I legations. certain award or settlement payments. rise in strong support of this legisla- An employee can appeal a hearing officer’s The filing and investigation of a claim would tion and resolution combating the decision to the OOC board and then to the be kept confidential, though an employee or scourge of sexual harassment. U.S. Court of Appeals for the Federal Circuit. employing office could disclose claim informa- I commend the leadership of Chair- For most legislative branch offices, including tion during a proceeding. man HARPER and of Representative congressional offices, settlements are paid The bill would also clarify that information JACKIE SPEIER, a national leader on from an account in the Treasury general fund. discussed or disclosed during mediation would this issue for many years. The bill would still require employees to file remain confidential, without barring the parties From this day forward, if a lawmaker a claim with the OOC within 180 days of an from talking about the underlying allegations. commits an act of sexual harassment

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.013 H06FEPT1 H810 CONGRESSIONAL RECORD — HOUSE February 6, 2018 and breaks the trust of the people, that Accounts of sexual harassment revealed in Crowley, former General Counsel, Committee information will be made public and the private sector last fall prompted former on House Administration. taxpayers will not foot the bill. and current Members of Congress as well as The Committee also held a roundtable dis- I am pleased that this legislation congressional staff to disclose accounts of cussion with organizations reflecting the inter- mirrors my bill that would increase sexual harassment in Congress. Moreover, ests of both employees and employers to dis- governmental transparency and ac- current and former Members and staff were cuss best practices in preventing harassment countability concerning taxpayer-fi- critical of Congress’ policies and procedures and discrimination in the workplace. In addi- nanced harassment settlements in Con- responding to sexual harassment claims. Criti- tion, stakeholders discussed potential reforms gress. cism included, but was not limited to, the lack to the CAA’s dispute resolution process to pro- The people who come forward to of awareness regarding sexual harassment tect employers and employees. serve this country, particularly young generally in Congressional offices, the lack of Congress passed the CAA in 1995 to bring people, need to know that protections mandatory sexual harassment awareness Congress, the Architect of the Capitol, the are in place and that offenders, no mat- training; the lack of support provided to victims U.S. Capitol Police, the Office of Congres- ter how powerful, will face account- of sexual harassment, and the ineffectiveness sional Accessibility Services, the Congres- ability. of certain aspects of the dispute resolution sional Budget Office, the Office of Attending Congress must be an exemplar for the process set out under the Congressional Ac- Physician, and the Office of Compliance under Nation on this important issue, and I countability Act of 1995 (CAA) as it related to the same employment and workplace safety encourage other institutions in this sexual harassment. Reports about the use of laws and standards as the federal government country—business, labor, Hollywood, taxpayer dollars to settle sexual harassment and the private sector. The CAA incorporates and the press—to examine their own claims in the past raised additional concerns the prohibitions against discrimination con- practices to ensure a safe workplace. about the lack of transparency in the process. tained in Title VII of the 1964 Civil Rights Act Mr. Speaker, now is the time for ac- The accounts of sexual harassment and criti- (42 U.S.C. 2000e et seq.). In addition to incor- tion and results. cism of the process revealed that it was not porating employment and safety laws, the Mr. BRADY of Pennsylvania. Mr. only timely, but important Congress review the CAA establishes the adjudication process for Speaker, I yield myself such time as I employment and workplace policies and proc- resolving claims filed under the CAA. For dis- may consume. esses included in the CAA as well as those crimination claims, the adjudication process in- Mr. Speaker, this is an important policies internal to House offices. cludes counseling, mediation, and either an day for the House of Representatives. To that end, on November 3, 2017, the administrative hearing overseen by the OOC Republicans and Democrats from all Speaker of the House of Representatives or proceeding to federal court. different parts of the country have tasked the Committee on House Administra- In addition to the dispute resolution process, come together to make meaningful tion (Committee) to conduct a review of the the CAA authorizes remedies for successful change in how Congress operates. ‘‘existing training, policies, and mechanisms to claims of discrimination, including sex discrimi- As I conclude, I would like to thank guard against and report sexual harassment.’’ nation and harassment. The remedies are the staff that worked so hard on this, The Speaker further ‘‘instructed the Committee similar to those available under Title VII, with especially Kim Betz, Molly Fishman, to be as thorough as possible,’’ and to incor- the exception of punitive damages. Successful and Miriam Goldstein; and members of porate Member ideas and feedback. claims under the CAA are paid from an ac- my staff, Teri Morgan and Jamie Fleet, The Committee responded and its review count within the Department of Treasury of the my staff director. was methodical. On November 14, 2017, the United States authorized for the payment of Mr. Speaker, I thank Chairman HAR- Committee held its first hearing titled ‘‘Pre- awards and settlements under the CAA. Rule PER for his leadership, and I urge my venting Sexual Harassment in the Congres- X of House Rules specifies that employing of- colleagues to support this legislation sional Workplace.’’ The hearing identified: (1) fices of the House may only enter into settle- before us now. the gaps in the House’s training, policies, and ments providing for the payment of claims filed Mr. Speaker, I yield back the balance procedures; and (2) solutions to address the under the CAA only after receiving the ap- of my time. gaps. Testifying at the hearing were Rep- proval of the Chair and Ranking Member of Mr. HARPER. Mr. Speaker, I yield resentatives JACKIE SPEIER and BRADLEY the Committee. myself such time as I may consume. BYRNE in addition to Barbara Childs Wallace, The CAA established the Office of Compli- Mr. Speaker, this is a historic mo- Chair, Board of Directors, Office of Compli- ance (OOC) as the independent non-partisan ment for the House of Representatives, ance; and Gloria Lett, Counsel, Office of agency to implement the adjudication process and I, too, want to thank Kim Betz for House Employment Counsel. The witnesses for claims filed under the CAA. The OOC is her hard work on our staff; as well as were unified in their recommendation the responsible for, among other things, to com- Jamie Fleet, the staff director; and House should implement a mandatory training pile and publish statistics ‘‘on the use of the particularly I want to give a special program. Office by covered employees, including the thanks to JACKIE SPEIER and BRADLEY On November 29, 2017, the House of Rep- number and type of contact made with the Of- BYRNE for the many hours they have resentatives responded to the calls for manda- fice, on the reason for such contacts, on the spent working through this process for tory training by passing H. Res. 630. H. Res. number of covered employees who initiated us. 630 requires all House employees, including proceedings with the Office under this chapter Mr. Speaker, this makes historic and interns, fellows, and detailees, to participate in and the result of such proceedings and on the important steps in the House of Rep- a mandatory annual training program. In addi- number of covered employees who filed a resentatives. It brings us a step closer tion, the resolution required all House offices complaint, the basis for the complaint, and the to achieving our goal of creating effec- to post a statement of employee rights and action taken on the complaint.’’ tive and safe work environments—envi- protections under the Congressional Account- The CAA has not been comprehensively ex- ronments that are safe, productive, col- ability Act of 1995 (CAA). The resolution also amined since its passage in 1995. The Com- legial, and, most importantly, respon- required the Committee to promulgate regula- mittee’s review revealed frustration and criti- sive to the needs of our constituents tions within 30 days to implement the House cism of the initial stages of adjudication proc- and the public. of Representatives’ training and education pro- ess as it related to sexual harassment claims; gram, which it did on December 19, 2017. concerns with OOC’s management policies, 1230 b Mandatory training will begin on April 2, 2018. including its record management, and the There is no place like the House of On December 7, 2017, the Committee held need for additional reporting by the OOC be- Representatives. This should be, for a second hearing focused on the CAA and the yond its current statutory obligations. Relat- every employee, the most special place need to reform certain provisions to ensure edly, the Committee believes there should be that they will ever work. the adjudication process contemplated by the greater transparency around the use of the I urge my colleagues to support H.R. CAA protects the rights of all parties to the Settlement and Award account authorized 4924. proceedings. The Committee took testimony under section 1415 for section 201(a) and 207 Mr. Speaker, I yield back the balance from four experts, including Victoria Lipnic, claims for discrimination and retaliation. Fur- of my time. Acting Chair, Equal Employment Opportunity thermore, the Committee believes in cases of Mr. HARPER. Mr. Speaker, I would like to Commission; Susan Grundmann, Executive harassment and discrimination where a Mem- discuss the background and need for this leg- Director, Office of Compliance; Gloria Lett, ber of Congress’ conduct is intentional, reim- islation. Counsel, Office of House Counsel; and Dan bursement to the Treasury account should be

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.034 H06FEPT1 February 6, 2018 CONGRESSIONAL RECORD — HOUSE H811 required. To that end, the Committee rec- Delegate or Resident Commissioner to the and awards constructed under the CAA, it was ommends the reforms contained in H.R. 4924 Congress), a Senator, or a former Member of brought to the Committee’s attention that the to ensure the CAA’s future effectiveness in the House of Representatives or Senator to Member Representational Allowance (MRA) preventing discrimination and harassment in reimburse the Department of Treasury account was used to settle claims of sexual harass- the Congressional Workplace and adjudicating authorized under section 1415 for certain set- ment, including for claims filed under the CAA. claims in a fair and expeditious manner. tlements and awards. H.R. 4924 sets out a While not specifically prohibited by statute or The Committee found the current require- structure to compel reimbursement if voluntary by the Committee’s Member Handbook, the ments for counseling and mediation to be inef- reimbursement is not made. use of the MRA for these purposes is of con- fective and burdensome. Specifically, the The Committee is mindful that personal li- cern and is addressed in separate legislation. Committee took testimony revealing the ability for employment law claims does not The Committee is concerned with the use of ‘‘counseling phase’’ was not counseling but exist in federal law and has worked to strike taxpayer dollars to settle claims, particularly more akin to claim intake. The Committee fur- a balance between protecting taxpayers from for claims of discrimination and harassment. ther found the mandated 30-day counseling being responsible for bad actions conducted H.R. 4924 directs the OOC to report within 30 period to be unnecessary. The Committee rec- by elected officials, protecting the due process days on all settlements and awards under the ommends eliminating the counseling phase al- rights of those accused, and not making the CAA in which public funds were used over the together and replacing it with a more simplistic provision so broad as to discourage the settle- last 20 years. This includes any House or process. Under H.R. 4924, proceedings set ment of meritorious claims. Senate account. The OOC is directed to iden- out under section 1401 are initiated as soon With this in mind, the Committee intends the tify the claim, the award or settlement and the as a claim is filed. Relatedly, the Committee reimbursement obligation to be triggered only source of funding. In putting together its re- heard concerns about frivolous claims being when three conditions are met: (1) the claim- port, the OOC should take care not to disclose filed under the CAA and potential abuses of ant alleges (and, unless the claim is settled, any identifying information about any party to the adjudication process. The Committee rec- ultimately proved to the trier of fact) that the a legally binding agreement or proceeding ommends strengthening the requirements for Member or Senator personally engaged in an who has an expectation of privacy. The Com- filing a claim under the CAA as well as impos- intentional act of harassment, discrimination, mittee understands there may be victims to ing standards and responsibilities on all attor- or retaliation with animus covered by section agreements which may be unenforceable. To neys involved in a CAA proceeding similar to (d)(1)(B); (2) the alleged act resulted in a set- that end, the Committee recommends working those found in Rule 11 of the Federal Rules tlement or award for the claimant; and (3) pay- with the new Office of Employee Advocacy au- of Civil Procedure. H.R. 4924 requires claims ment is made from the section 1415 account thorized in separate legislation. filed under the CAA to be in writing and under to compensate the claimant for the specific Notwithstanding OOC’s responsibility to oath. Moreover, attorneys involved in a CAA claim requiring reimbursement under this sec- issue its comprehensive report looking back- proceeding must ensure all filings with the tion. If in contention, the trier of fact should ward, H.R. 4924 directs the OOC to report to OOC are made in a manner consistent with make an express finding, separate from the Congress every six months on the payment of their ethical obligations in federal court. underlying claim, that the Member or Senator awards and settlements for claims filed under In addition to concerns about the counseling engaged in an intentional act of harassment, Part A, title II of the CAA, the name of the em- phase, the Committee heard testimony criti- ploying office, the amount of the award or set- cizing mandatory mediation. The Committee discrimination, or retaliation covered by sec- tlement, and in cases where a Member or agrees the mandate only prolongs a pro- tion (d)(1)(B) with animus. A reimbursement obligation is not triggered Senator is responsible for reimbursement— ceeding—particularly in cases where one party if the claimant does not allege an intentional whether the Member is in compliance with the does not want to settle. The Committee rec- act of harassment or discrimination or retalia- reimbursement obligation. ommends making mediation available when tion committed by a Member or Senator with Notwithstanding its new reporting require- both parties agree that it is in their joint inter- animus and covered by this section. For ex- ments, the Committee takes this opportunity to est. Apart from the reforms to counseling and ample, the Committee does not intend the re- clarify its expectation of OOC’s current report- mediation, the Committee recommends grant- imbursement obligation to be triggered if an ing requirements. The Committee encourages ing investigative authority to the OOC General act of discrimination or harassment was al- the OOC to include in its existing reporting the Counsel. The Committee supports incor- leged against a supervising employee of a following: (1) number of Complaints listed by porating a similar investigative process as is congressional office, such as the chief of staff. their protected categories under the CAA (ie. currently conducted by the Equal Employment The provision would also not apply in the case race, sex, national origin, religion, disability, Opportunity Commission (EEOC) in the private of an omission, such as a failure to properly age) as opposed to title VII; (2) summary of sector and executive branch. Given the OOC supervise an employee with hiring authority. general information requests listed by the General Counsel already has investigative au- The provision would not apply in the case of groups of people contacting the OOC (ie. thority under the CAA in certain other claims, a disparate impact or other theory of uninten- number of covered employees, number of the Committee recommends extending limited tional discrimination. The provision would not public inquiries, media, union, employing of- investigative authority to claims, including be triggered if the claimant alleges a violation fices); (3) the specific information requested those of discrimination and harassment. The occurred but does not name a Member or by protected category for issues under section Committee believes investigations early on will Senator as the individual who committed an 201 and 207 (race/color, sex/gender, disability, help facilitate the resolution of cases. The act leading to the violation. In the case of a age, national origin, retaliation, religion); (4) Committee further believes the OOC General discrimination claim, the provision would not the number of requests for counseling and Counsel should have limited subpoena author- apply if there was no discriminatory animus on mediation broken down by their protected ity during its investigation. However, this au- the part of the Member or Senator. classes; and (5) workplace issues raised with thority should not be construed to be any Concerned with its day-to-day management, the OOC (ADA, compensation, demotion, dis- broader than the authority granted to hearing Congress requested the Government Account- parate treatment, equal pay, harassment/hos- officers pursuant to section 1405(f). Further, ability Office (GAO) to audit OOC in 2004. The tile work environment, promotion, overtime, as noted in the text of H.R. 4924, the Com- Committee has similar concerns today. H.R. etc). mittee believes subpoenas should only be 4924 directs the Government Accountability Mr. Speaker, I include in the RECORD a sec- issued as a last resort and primarily to keep Office to update its 2004 review of OOC’s tion-by-section analysis of this legislation: the investigation on schedule. management practices. In addition to its man- SECTION-BY-SECTION OF THE LEGISLATION As noted above, during the Committee’s re- agement operations, the Committee is also TITLE I—REFORM OF DISPUTE RESOLUTION view, reports surfaced of settlements of sexual concerned with the lack of record retention PROCEDURES harassment claims involving taxpayer dollars, policies adopted by OOC. H.R. 4924 requires Subtitle A—Reform of Procedures for Initi- including the use of the Member Representa- OOC to establish a permanent record reten- ation, Investigations and Resolution of tional Allowance (MRA). The Committee heard tion program to ensure that general questions Claims from Members, constituents and the public about OOC case management may be an- Sec. 101 (a). Description of Procedures swered in a timely manner. Available for Consideration of Alleged Viola- that taxpayer dollars should not be available to tions. Section 101 sets out the procedures for settle claims of sexual harassment. While the Relatedly, the Committee’s review brought initiating, investigating and resolving al- Committee agrees, it recognizes victims need to light the use of the Department of Treasury leged violation(s) of Part A, Title II of the to be made whole. Not victims a second time. account established in Section 1415 to pay for Congressional Accountability Act (CAA). To that end, H.R. 4924 requires a Member the settlement of claims including claims of The procedures require a covered employee of the House of Representatives (including a sexual harassment. In addition to settlements to file a claim with the Office of Compliance

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.018 H06FEPT1 H812 CONGRESSIONAL RECORD — HOUSE February 6, 2018 (OOC). Once a claim is filed, an investigation ties. With respect to section 201(a) and/or 207 may request paid leave. The section pro- is initiated by the OOC General Counsel. The claims involving Member conduct, the Gen- hibits an employing office from using re- section specifies at the conclusion of the in- eral Counsel is authorized to transmit the quests as a method of retaliation. The sec- vestigation, the covered employee may pro- report to the Committees on Ethics. The sec- tion protects any collective bargaining ceed to a hearing before the OOC hearing of- tion authorizes the General Counsel to rec- agreements that are in place. ficer in two instances: (1) the investigation ommend mediation to the parties at any Sec. 114. Modification of Rules on Con- results in a finding of reasonable cause a vio- time. The General Counsel has 90 days to in- fidentiality. The section makes technical lation occurred, or (2) the General Counsel is vestigate and issue findings. The General changes to sections 1416(a) and (b) regarding unable to determine whether reasonable Counsel can extend investigation for an addi- confidentiality as it relates to filing a claim cause exists on the merits of the claim. The tional 30 days with notice to the parties. and the subsequent investigation as well as procedures allow for a covered employee to Sec. 103 (b). Conforming Amendments. This information relating to mediation. The sec- file in federal court within 45 days of filing a section makes conforming amendments. tion includes a rule of construction indi- claim. The decision to file in federal court Sec. 104. Availability of Mediation during cating nothing in the section precludes a stops the investigation and any further abil- Investigations. Section 104 allows the parties covered employee or employing office from ity to seek an investigation. The section fur- to request mediation while the investigation disclosing information related to a claim. ther authorizes a covered employee to file in is proceeding. The request for mediation Sec. 115. Reimbursement by Other Employ- federal court within 90 days upon receiving a must be made by both parties and may be for ing Offices of the Legislative Branch of Pay- right to sue letter from the OOC General a period of 30 days. The parties may jointly ments of Certain Awards and Settlements. Counsel. Finally, the section specifies that agree to extend for another 30 days. The sec- Section 115 requires the Legislative Branch any party may retain counsel to protect tion allows the parties to be separated dur- agencies under the CAA to repay the Settle- their respective interests. The section also ing mediation if requested by the covered ment and Award account as result of awards imposes FRCP Rule 11 obligations on all par- employee. and settlements issued under section 201(a). Repayment shall be made from the operating ties to the proceedings including OHEC, the Part B—Other Reforms new Office of Employee Advocate and any expenses of agency within 180 days. The sec- party that intervenes on behalf of a party. Sec. 111. Requiring Members of Congress to tion directs the OOC to establish procedures Sec. 101 (b). Conforming Amendments. The Reimburse Treasury for Amounts Paid as and timetables for repayment. section makes conforming amendments. Settlements and Awards in Cases of Acts TITLE II—IMPROVING OPERATIONS OF OFFICE OF Sec. 102 (a). Reform of Process for Initi- Committed Personally by Members. The sec- COMPLIANCE tion requires Members of Congress (including ation of Procedures. Section 102 specifies a Sec. 201. Semiannual Reporting on Allega- former Members who were in office at the claim must be filed with the OOC to initiate tions, Awards, and Settlements. In addition time of the allegation) to repay the Settle- the process. The claim must be in writing to their current reporting requirements, sec- ment and Award Account authorized under and under oath or affirmation. (The bill tion 201 requires the OOC to report every six eliminates mandatory counseling and medi- section 1415 of the CAA. Members are respon- months of a calendar year to Congress and to ation). The employing office is notified once sible for repayment in cases in which the al- publish on their website the awards and set- a claim is filed. The section also sets out a legation of an act or violation under section tlements from the previous year. The report special notification requirement to Members 201(a) (discrimination and harassment) and to Congress must include: the employing of- whose conduct is the focus of a section 201(a) section 207 (retaliation resulting from a fice; the provision of Part A, Title II that or 207 allegation. The special notification re- 201(a) violation) involves a Member person- was the subject of the allegation or viola- quirement specifies OOC must notify the ally. The section authorizes the appropriate tion; and the amount of the award or settle- Member of the potential repayment obliga- Committees to establish a plan to withhold ment resulting from an allegation or viola- tion associated with claim and the oppor- compensation if the account is not repaid tion. In cases where the Member is person- tunity to intervene in the proceedings. The within 90 days. If the account is not repaid ally responsible for repayment, the report section directs the OOC to establish an elec- within 180 days, section 111 authorizes the will identify whether the Member has com- tronic reporting and tracking system that transfer of funds from the Member’s Thrift plied with repayment obligations. In addi- will be used to report and track claims. The Savings Plan. The section clarifies that tion, the section requires the OOC to submit system will be accessible by both parties, spouses’ rights are not applicable when TSP a report within 30 days of enactment on all taking into consideration the covered em- is accessed. In the event, the Member is no payments made with public funds, including ployee’s need for confidentiality. In addition, longer receiving compensation (i.e. former MRAs, used to settle section 201(a) claims. the section imposes a reporting requirement Member), the section authorizes withholding The report is to include the amount paid and on OOC to provide the Committees of juris- annuities and transferring amount to the ac- the source of funding. diction with semi-annual reports on the ef- count. The section reiterates a Member’s Sec. 202. Workplace Climate Survey. The fectiveness of the system to facilitate the right to intervene in his or her personal ca- section directs the OOC to conduct a climate resolution of cases. Under section 102, all pacity during mediation, hearing or civil ac- survey of all employing offices covered under claims must be filed within 180 days of al- tion to protect the Member’s interest. The the CAA regarding the workplace environ- leged violation. The section reaffirms the section ensures the covered employee is not ment each Congress. The survey will also ability of a covered employee to: contact unduly burdened in depositions resulting collect data on sexual harassment in con- OOC or any other office (i.e. Office of Em- from the intervention. The Committees on gressional employment. The section requires ployee Advocate) for information; refer a House Administration and Senate Rules are the OOC to ensure all responses to the sur- matter to the respective Committees on Eth- charged with promulgating regulations to vey are anonymous and confidential and to ics; as well as to file in federal court. implement this section. consult with the respective House and Sen- Sec. 103 (a). Investigations of Claims by Sec. 112. Automatic Referral to Congres- ate Committees on the survey including col- General Counsel. Section 103 authorizes the sional Ethics Committees of allegations in- lecting and analyzing data. The section re- OOC General Counsel to initiate an inves- volving Members and Senior Staff. Section quires OOC to maintain confidentiality dur- tigation of a claim under Part A, Title II 112 authorizes an automatic referral to the ing the process and with the results. The sec- once a claim is filed. The OOC General Coun- House Committee on Ethics (and Senate Se- tion directs the survey results to be sent to sel has subpoena authority to compel pro- lect Committee on Ethics) with respect to the Committees. duction of documents and testimony from claims filed under section 201(a) (harassment Sec. 203. Record Retention. The section re- witnesses during the pendency of the inves- and discrimination) and/or 207 involving quires the OOC to establish and maintain a tigation. The subpoena authority is con- Member and senior staff conduct. The refer- permanent recordkeeping program. sistent with existing subpoena authority ral occurs when there is: an order to pay an Sec. 204. GAO Study of Management Prac- held by the hearing officers under Section award or settlement (including agreements tices. The section requires the GAO to up- 1405(f). Subpoenas may be enforced in same resulting from mediation outlined in section date its review of the OOC’s management manner as provided in Section 1405 (f). The 104); a final decision of a hearing officer; a practices and effectiveness within 180 days. OOC General Counsel is required to make final decision by the Board under Section The last GAO study was conducted in 2004. one of three findings at the end of the inves- 406(e); and a final decision in a civil action. Sec. 205. GAO Study of Cybersecurity. The tigation: (1) a finding of reasonable cause The section authorizes the Committees on section requires GAO to conduct an audit of that a violation of Part A, Title II occurred; Ethics to have access to records and infor- the OOC’s cyber security systems and prac- (2) a finding that there is no reasonable mation relating to any investigation, hear- tices within 180 days. cause to believe a violation of Part A, Title ing, or settlement. The section prohibits the TITLE III—MISCELLANEOUS REFORMS TO THE II occurred; or (3) a finding indicating the Committee on Ethics from releasing the CAA General Counsel cannot determine cause identity or position of an individual making Sec. 301. Extension to Unpaid Staff of based on the facts. In the event there is a allegation. Rights and Protections against Employment finding no reasonable cause exists to believe Sec. 113. Availability of Remote Work As- Discrimination. The section extends cov- a violation occurred, the General Counsel signment or Paid Leave of Absence during erage of the rights and protections estab- will issue a letter to the covered employee Pendency of Procedures. The section allows lished under the CAA to unpaid interns, fel- authorizing their right to sue in federal a covered employee to work remotely if re- lows and detailees. court. The section authorizes the General quested. If a covered employee’s responsibil- Sec. 302. Coverage for Purposes of Protec- Counsel to transmit the findings to the par- ities require on-site presence, an employee tions against Workplace Discrimination. The

VerDate Sep 11 2014 01:47 Feb 07, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.020 H06FEPT1 February 6, 2018 CONGRESSIONAL RECORD — HOUSE H813 section extends coverage of Part A, Title II retaliation by the employing office for request- under rule XXIII of the Rules of the House of of the CAA to the Library of Congress. The ing remote work or paid leave by an employee Representatives, and other relevant laws, section acknowledges the existing process who has a filed a complaint are so important. rules, and regulations. utilized by covered employees of the Library SEC. 2. OFFICE OF EMPLOYEE ADVOCACY. and gives those employees choice of whether Unpaid interns, fellows, and detailees in Congressional offices should not be more vul- (a) ESTABLISHMENT.—There is established to continue to use the LOC internal griev- in the Office of the Chief Administrative Of- ance procedures if they choose. nerable to workplace harassment and discrimi- ficer of the House of Representatives the Of- Sec. 303. Clarification of Coverage of Em- nation than their congressional staff col- fice of Employee Advocacy (hereafter in this ployees of Helsinki and China Commissions. leagues. This bill would extend coverage of section referred to as the ‘‘Office’’). The section extends covered employee status the rights and protections established under (b) FUNCTIONS.— to employees of the above Commissions. The the CAA to these groups. (1) LEGAL ASSISTANCE, CONSULTATION, AND section establishes employing office status The bill also requires that a climate survey REPRESENTATION.—Subject to subsection (c), for the Commissions, which is contingent on the Office shall carry out the following func- whether the House or Senate maintains the be conducted of all offices covered by the CAA, each Congress, regarding the workplace tions: Chairmanship. Section 303 also sets out the (A) Providing legal assistance and con- process for approving the disposition of environment, including sexual harassment. sultation to covered employees of the House claims against the Commissions as employ- Collecting information, anonymously, from staff under the Congressional Accountability Act ing offices. The section also extends cov- will help us determine whether the reforms we of 1995 regarding the procedures of such Act erage to the Office of Technology Assistance hope in this bill are serving their purpose or if and the procedures applicable to civil ac- and the John C. Stennis Public Service modifications are needed. tions arising under such Act, including— Training and Development Center. (i) the roles and responsibilities of the Of- Sec. 304. Training and Education Programs H.R. 4924 is the culmination of bipartisan work on the part of House Administration fice of Compliance, the Office of the House of Other Employing Offices. Section 304 di- Employment Counsel, and similar authori- Committee Chairman HARPER and Ranking rects the legislative branch agencies to es- ties; tablish programs of training and education Member BRADY, and my fellow members on (ii) any proceedings conducted under such for covered employees on the rights and pro- the Committee, as well as the leadership of Act; tections under the CAA. my colleague Rep. JACKIE SPEIER, who has (iii) the authority of the Office of Compli- Sec. 305. Renaming Office of Compliance as championed the issue of fighting sexual har- ance to compel cooperation and testimony Office of Congressional Workplace Rights. assment on the Hill. I want to thank them all under investigations and proceedings con- This section renames OOC as the Office of ducted under title IV of such Act; and Congressional Workplace Rights. for working collaboratively on this legislation. The SPEAKER pro tempore. The (iv) the employee’s duties relating to such TITLE IV—EFFECTIVE DATE question is on the motion offered by proceedings, including the responsibility to Sec. 401. Effective Date. The section speci- the gentleman from Mississippi (Mr. testify. fies the amendments made in this Act are ef- (B) Providing legal assistance and rep- fective 180 days after enactment. In addition, HARPER) that the House suspend the resentation— the bill specifies that nothing in the Act or rules and pass the bill, H.R. 4924. (i) in personal civil legal matters related amendment is intended to impact current The question was taken; and (two- to a covered employee’s initiation of or par- proceedings. thirds being in the affirmative) the ticipation in proceedings under title IV of INTRODUCTION AND REFERRAL rules were suspended and the bill was such Act (other than a civil action filed On February 5, 2018, Representative Gregg passed. under section 408 of such Act); and Harper of Mississippi introduced H.R. 4924, A motion to reconsider was laid on (ii) in any proceedings of the Office of the Congressional Accountability Act of 1995 the table. Compliance, the Committee on Ethics of the Reform Act, which was referred to the Com- House of Representatives (including the Of- mittee on House Administration. f fice of Congressional Ethics), or any other administrative or judicial body related to HEARINGS REQUIRING ADOPTION OF ANTI- the alleged violations of such Act which are On November 14, 2017 and December 7, 2017, HARASSMENT AND ANTI-DIS- the subject of the proceedings initiated by the Committee held an oversight hearing to CRIMINATION POLICIES FOR the covered employee, or the proceedings in review the policies, procedures, and mecha- HOUSE OFFICES which the covered employee participates, nisms to address sexual harassment in the Mr. HARPER. Mr. Speaker, I move to under title IV of such Act. Congressional workplace. (C) Operating a hotline through which cov- COMMITTEE OVERSIGHT FINDINGS AND suspend the rules and agree to the reso- ered employees of the House under such Act RECOMMENDATIONS lution (H. Res. 724) requiring each em- may contact the Office. In compliance with House Rule XIII, clause ploying office of the House of Rep- (2) AUTHORITY TO PROVIDE ASSISTANCE IN 3(c)(1), the Committee states that the find- resentatives to adopt an anti-harass- ANY JURISDICTION.—Notwithstanding any law ings and recommendations of the Com- ment and anti-discrimination policy regarding the licensure of attorneys, an at- mittee, based on oversight activities under for the office’s workplace, establishing torney who is employed by the Office and is House Rule X, clause 2(b)(1), are incor- the Office of Employee Advocacy to authorized to provide legal assistance and porated into the general discussion section provide legal assistance and consulta- representation under this section is author- of this report. ized to provide that assistance and represen- tion to employees of the House regard- tation in any jurisdiction, subject to such Ms. LOFGREN. Mr. Speaker, I rise today in ing procedures and proceedings under strong support of H.R. 4924, the Congres- regulations as may be prescribed by the Of- the Congressional Accountability Act fice. sional Accountability Act of 1995 Reform Act. of 1995, and for other purposes. (3) NATURE OF RELATIONSHIP.—The rela- This bill would bring much-needed reforms The Clerk read the title of the resolu- tionship between the Office and an employee to the process available to congressional em- tion. to whom the Office provides legal assistance, ployees for filing workplace complaints and The text of the resolution is as fol- consultation, and representation under this ensure a more equitable and transparent proc- lows: section shall be the relationship between an ess. attorney and client. Under the new process, employees who file H. RES. 724 (4) PROHIBITING ACCEPTANCE OF AWARD OF a complaint would have the choice to enter Resolved, ATTORNEY FEES OR OTHER COSTS.—The Office into mediation instead of being required to do SECTION 1. MANDATORY ANTI-HARASSMENT AND may not accept any award of attorney fees ANTI-DISCRIMINATION POLICIES or other litigation expenses and costs under so, as is currently the case. Employees should FOR HOUSE OFFICES. any hearing or civil action brought under not be forced into mandatory mediation, espe- (a) REQUIRING OFFICES TO ADOPT POLICY.— the Congressional Accountability Act of 1995. cially with an employer against whom they Each employing office of the House of Rep- (5) PROHIBITING ASSISTANCE IN OTHER MAT- have raised allegations of sexual harassment resentatives under the Congressional Ac- TERS OR PROCEEDINGS.—The Office may not or other types of discrimination. This bill also countability Act of 1995 shall adopt an anti- provide any legal assistance, consultation, or eliminates the thirty-day ‘‘cooling off’’ period harassment and anti-discrimination policy representation with respect to any matter or currently mandated by the CAA. for the office’s workplace. proceeding which does not arise under the Filing a workplace complaint can be (b) REGULATIONS.—Not later than June 1, Congressional Accountability Act of 1995. 2018, the Committee on House Administra- (c) PROHIBITING PROVISION OF ASSISTANCE harrowing for employees, and having no tion shall promulgate regulations to carry UPON FILING OF CIVIL ACTION.—If a covered choice but to face the employer or colleague out this section, and shall ensure that such employee of the House files a civil action against whom they have filed the complaint regulations are consistent with the require- with respect to an alleged violation of the may deter employees from going through with ments of the Congressional Accountability Congressional Accountability Act of 1995, as it. That is why the protections in this bill from Act of 1995, the Code of Official Conduct provided in section 408 of such Act, the Office

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