[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 724 Engrossed in House (EH)]

<DOC>
H. Res. 724

                In the House of Representatives, U. S.,

                                                      February 6, 2018.
    Resolved,

SECTION 1. MANDATORY ANTI-HARASSMENT AND ANTI-DISCRIMINATION POLICIES FOR HOUSE 
              OFFICES.

    (a) Requiring Offices To Adopt Policy.--Each employing office of the House 
of Representatives under the Congressional Accountability Act of 1995 shall 
adopt an anti-harassment and anti-discrimination policy for the office's 
workplace.
    (b) Regulations.--Not later than June 1, 2018, the Committee on House 
Administration shall promulgate regulations to carry out this section, and shall 
ensure that such regulations are consistent with the requirements of the 
Congressional Accountability Act of 1995, the Code of Official Conduct under 
rule XXIII of the Rules of the House of Representatives, and other relevant 
laws, rules, and regulations.

SEC. 2. OFFICE OF EMPLOYEE ADVOCACY.

    (a) Establishment.--There is established in the Office of the Chief 
Administrative Officer of the House of Representatives the Office of Employee 
Advocacy (hereafter in this section referred to as the ``Office'').
    (b) Functions.--
            (1) Legal assistance, consultation, and representation.--Subject to 
        subsection (c), the Office shall carry out the following functions:
                    (A) Providing legal assistance and consultation to covered 
                employees of the House under the Congressional Accountability 
                Act of 1995 regarding the procedures of such Act and the 
                procedures applicable to civil actions arising under such Act, 
                including--
                            (i) the roles and responsibilities of the Office of 
                        Compliance, the Office of the House Employment Counsel, 
                        and similar authorities;
                            (ii) any proceedings conducted under such Act;
                            (iii) the authority of the Office of Compliance to 
                        compel cooperation and testimony under investigations 
                        and proceedings conducted under title IV of such Act; 
                        and
                            (iv) the employee's duties relating to such 
                        proceedings, including the responsibility to testify.
                    (B) Providing legal assistance and representation--
                            (i) in personal civil legal matters related to a 
                        covered employee's initiation of or participation in 
                        proceedings under title IV of such Act (other than a 
                        civil action filed under section 408 of such Act); and
                            (ii) in any proceedings of the Office of Compliance, 
                        the Committee on Ethics of the House of Representatives 
                        (including the Office of Congressional Ethics), or any 
                        other administrative or judicial body related to the 
                        alleged violations of such Act which are the subject of 
                        the proceedings initiated by the covered employee, or 
                        the proceedings in which the covered employee 
                        participates, under title IV of such Act.
                    (C) Operating a hotline through which covered employees of 
                the House under such Act may contact the Office.
            (2) Authority to provide assistance in any jurisdiction.--
        Notwithstanding any law regarding the licensure of attorneys, an 
        attorney who is employed by the Office and is authorized to provide 
        legal assistance and representation under this section is authorized to 
        provide that assistance and representation in any jurisdiction, subject 
        to such regulations as may be prescribed by the Office.
            (3) Nature of relationship.--The relationship between the Office and 
        an employee to whom the Office provides legal assistance, consultation, 
        and representation under this section shall be the relationship between 
        an attorney and client.
            (4) Prohibiting acceptance of award of attorney fees or other 
        costs.--The Office may not accept any award of attorney fees or other 
        litigation expenses and costs under any hearing or civil action brought 
        under the Congressional Accountability Act of 1995.
            (5) Prohibiting assistance in other matters or proceedings.--The 
        Office may not provide any legal assistance, consultation, or 
        representation with respect to any matter or proceeding which does not 
        arise under the Congressional Accountability Act of 1995.
    (c) Prohibiting Provision of Assistance Upon Filing of Civil Action.--If a 
covered employee of the House files a civil action with respect to an alleged 
violation of the Congressional Accountability Act of 1995, as provided in 
section 408 of such Act, the Office may not provide assistance under this 
section to the employee with respect to investigations or proceedings under such 
Act in connection with such alleged violation at any time after the employee 
files such action.
    (d) Director.--
            (1) Appointment.--The Office shall be headed by a Director who shall 
        be appointed by the Chief Administrative Officer of the House of 
        Representatives.
            (2) Qualifications; nonpartisanship of position.--The individual 
        appointed as Director shall be a lawyer who is admitted to practice 
        before the United States District Court for the District of Columbia and 
        who has experience in representing employees in workplace discrimination 
        cases.
            (3) Compensation.--The Director shall be paid at an annual rate 
        established by the Chief Administrative Officer.
            (4) Removal.--The Director may be removed by the Chief 
        Administrative Officer only for cause.
    (e) Other Personnel.--Subject to regulations of the Committee on House 
Administration and with the approval of the Chief Administrative Officer, the 
Director may appoint and fix the compensation of such additional personnel as 
the Director determines to be necessary to carry out the functions of the 
Office.
    (f) Nonpartisanship of Positions.--The Director and the other personnel of 
the Office shall be appointed without regard to political affiliation and solely 
on the basis of fitness to perform the duties of the position.

SEC. 3. FUNCTIONS OF OFFICE OF HOUSE EMPLOYMENT COUNSEL.

    (a) Functions Described.--The Office of the House Employment Counsel 
established under the Office of the Clerk of the House of Representatives shall 
carry out all of the functions which the Office carried out as of the date of 
the enactment of this Act, including the following:
            (1) Providing legal assistance and representation to employing 
        offices of the House with respect to proceedings under the Congressional 
        Accountability Act of 1995 which are brought by covered employees of the 
        House under such Act.
            (2) Providing employing offices of the House with confidential 
        advice and counseling regarding compliance with employment laws.
            (3) Providing training to managers and employees regarding 
        employment law compliance.
    (b) No Effect on Pending Proceedings.--Nothing in this section may be 
construed to affect any proceeding to which the Office is a party that is 
pending on the date of the enactment of this Act, including any suit to which 
the Office is a party that is commenced prior to such date.

SEC. 4. REQUIRING INCLUSION OF CERTIFICATIONS ON PAYROLL AUTHORIZATION FORMS OF 
              HOUSE OF REPRESENTATIVES OF NO CONNECTION BETWEEN PAYROLL ACTIONS 
              AND AWARDS AND SETTLEMENTS UNDER CONGRESSIONAL ACCOUNTABILITY ACT 
              OF 1995.

    (a) Requiring Inclusion of Certification on Forms.--The Chief Administrative 
Officer of the House of Representatives shall incorporate, as part of the 
Payroll Authorization Form used by an office of the House to register the 
appointment of an employee to the office or a salary adjustment or title change 
with respect to an employee of the office--
            (1) a certification to be made by the authorizing official of the 
        office that the appointment, salary adjustment, or title change is not 
        made to pay a settlement or award in connection with conduct prohibited 
        under the Congressional Accountability Act of 1995; and
            (2) in the case of an office of a Member of the House, a 
        certification by the Member that any amounts in the Members' 
        Representational Allowance for the office which may be used to carry out 
        the appointment, salary adjustment, or title change are not being used 
        to pay a settlement or award in connection with conduct prohibited under 
        such Act.
    (b) Requiring Certification as Condition of Processing Payroll Action.--The 
Chief Administrative Officer may not process any Payroll Authorization Form with 
respect to an office of the House if the Form does not include the 
certifications required with respect to that office under subsection (a).

SEC. 5. SEXUAL HARASSMENT AS VIOLATION OF HOUSE CODE OF OFFICIAL CONDUCT.

    Clause 9 of rule XXIII of the Rules of the House of Representatives is 
amended by striking ``such individual,'' and inserting ``such individual, 
including by committing an act of sexual harassment against such individual,''.

SEC. 6. SEXUAL RELATIONSHIPS BETWEEN HOUSE MEMBERS AND EMPLOYEES AND UNWELCOME 
              SEXUAL ADVANCES AS VIOLATION OF HOUSE CODE OF OFFICIAL CONDUCT.

    Rule XXIII of the Rules of the House of Representatives is amended--
            (1) by redesignating clause 18 as clause 19; and
            (2) by inserting after clause 17 the following new clause:
    ``18.(a) A Member, Delegate, or Resident Commissioner may not engage in a 
sexual relationship with any employee of the House who works under the 
supervision of the Member, Delegate, or Resident Commissioner. This paragraph 
does not apply with respect to any relationship between two people who are 
married to each other.
    ``(b) A Member, Delegate, Resident Commissioner, officer, or employee of the 
House may not engage in unwelcome sexual advances or conduct towards another 
Member, Delegate, Resident Commissioner, officer, or employee of the House.
    ``(c) In this clause, the term `employee' includes an applicant for 
employment, a paid or unpaid intern (including an applicant for an internship), 
a detailee, and an individual participating in a fellowship program.''.

SEC. 7. EFFECT OF INITIATION OF PROCEEDINGS UNDER CONGRESSIONAL ACCOUNTABILITY 
              ACT OF 1995 ON AUTHORITY OF OFFICE OF CONGRESSIONAL ETHICS TO 
              CONSIDER ALLEGATIONS.

    The Office of Congressional Ethics may not initiate or continue any 
investigation of an allegation of a violation of law made applicable to 
employing offices of the House of Representatives under part A of title II of 
the Congressional Accountability Act of 1995, or make any recommendations 
regarding such an allegation, if a covered employee initiates proceedings with 
respect to the alleged violation under title IV of such Act.
            Attest:

                                                                          Clerk.