[Congressional Record Volume 163, Number 181 (Tuesday, November 7, 2017)]
[Senate]
[Pages S7065-S7066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 323--REQUIRING SEXUAL HARASSMENT TRAINING FOR
MEMBERS, OFFICERS, EMPLOYEES, INTERNS, AND FELLOWS OF THE SENATE AND A
PERIODIC SURVEY OF THE SENATE
Mr. GRASSLEY (for himself, Mrs. Feinstein, Ms. Klobuchar, Mrs. Ernst,
Mrs. Gillibrand, Mrs. Capito, Mr. Johnson, Ms. Murkowski, and Mr.
Booker) submitted the following resolution; which was referred to the
Committee on Rules and Administration:
S. Res. 323
Resolved,
SECTION 1. SHORT TITLE.
This resolution may be cited as the ``Senate Training on
Prevention of Sexual Harassment Resolution'' or the ``STOP
Sexual Harassment Resolution''.
SEC. 2. DEFINITIONS.
In this resolution--
(1) the term ``covered office'' means an office, including
a joint commission or joint committee, employing employees of
the Senate;
(2) the term ``covered position'' means a position as--
(A) a Member, officer, or employee of the Senate;
(B) an intern or fellow serving in a position in a covered
office--
(i) without regard to whether the intern or fellow receives
compensation; and
(ii) if the intern or fellow does receive compensation,
without regard to the source of compensation; or
(C) a detailee serving in a position in a covered office,
without regard to whether the service is on a reimbursable
basis;
(3) the term ``employee of the Senate'' means an individual
whose pay is disbursed by the Secretary of the Senate,
without regard to the term of the appointment;
(4) the term ``head of a covered office'' means--
(A) the Member, officer, or employee of the Senate having
final authority to appoint, hire, discharge, and set the
terms, conditions, or privileges of the employment of the
employees of the Senate employed by a covered office; or
(B) in the case of a joint committee or joint commission,
the Senator from the majority party of the Senate who--
(i) is a member of, or has authority over, the covered
office; and
(ii)(I) serves in the highest leadership role in the
committee or commission; or
(II) if there is no such leadership role for a Senator in
the committee or commission, is the most senior Senator on
the committee or commission;
(5) the term ``officer'' means an elected or appointed
officer of the Senate; and
(6) the term ``sexual harassment'' means harassment that
constitutes discrimination because of sex that is prohibited
under section 201 of the Congressional Accountability Act of
1995 (2 U.S.C. 1311).
SEC. 3. SEXUAL HARASSMENT TRAINING.
(a) In General.--The Committee on Rules and Administration
of the Senate shall issue rules as expeditiously as possible
requiring each individual serving in a covered position to
periodically complete sexual harassment training provided by
the Office of Compliance or the Office of the Senate Chief
Counsel for Employment.
(b) Requirements.--The rules issued under subsection (a)
shall require that--
(1) an individual elected, appointed, or assigned to a
covered position after the date on which the rules are issued
who was not serving in a covered position immediately before
being so elected, appointed, or assigned shall complete
training described in subsection (a) not later than 60 days
after the date on which the individual assumes the position;
(2) an individual serving in a covered position on the date
on which the rules are issued who has not previously
completed training described in subsection (a) shall complete
such training not later than 60 days after the date on which
the rules are issued;
(3) in addition to complying with paragraphs (1) and (2),
each individual serving in a covered position shall complete
a course of training described in subsection (a)
periodically, as specified by the Committee on Rules and
Administration of the Senate; and
(4) the head of each covered office shall submit to the
Committee on Rules and Administration of the Senate--
(A) a list of each individual serving in a covered position
in the covered office on the date on which the rules are
issued who previously completed training described in
subsection (a);
(B) information regarding the completion of training
described in subsection (a) after the date on which the rules
are issued by an individual serving in a covered position in
the covered office; and
(C) notice of a failure by an individual serving in a
covered position in the covered office to comply with the
rules.
(c) Contents of Training.--It is the sense of the Senate
that, for purposes of training conducted after the date on
which the rules are issued under subsection (a), the sexual
harassment training described in subsection (a) should be
reviewed and updated to include--
(1) information and practical guidance regarding any
applicable Federal laws concerning the prohibition against
and the prevention and correction of sexual harassment and
the rights of victims of sexual harassment in employment;
(2) practical examples aimed at instructing supervisors in
the prevention of harassment, discrimination, and
retaliation;
(3) presentations by individuals with knowledge and
expertise in the prevention of harassment, discrimination,
and retaliation;
(4) a discussion of the consequences for perpetrators of
sexual harassment; and
(5) information regarding the prohibition under the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) against retaliation against witnesses to, or
individuals who experience, sexual harassment and who report
the harassment.
(d) Consultation.--It is the sense of the Senate that the
Office of Compliance and the Office of the Senate Chief
Counsel for Employment should, in implementing the training
described in subsection (a) and making any updates to the
training in accordance with subsection (c), consult with--
(1) entities having significant expertise in identifying,
preventing, and responding to sexual harassment; and
(2) sexual harassment victims or sexual harassment victim
advocates.
SEC. 4. PERIODIC SURVEY.
During each Congress, the Sergeant at Arms and Doorkeeper
of the Senate shall--
(1) in consultation with the Office of Compliance, the
Senate Chief Counsel for Employment, and an entity having
expertise in developing surveys, conduct an anonymous survey
of Members, officers, and employees of the Senate relating to
the prevalence of sexual harassment in the Senate during the
previous Congress, which shall include questions regarding--
(A) the experience of the respondent with sexual harassment
or related inappropriate behavior in the Senate; and
(B) if the respondent experienced sexual harassment or
related inappropriate behavior and did not initiate the
process under title IV of the Congressional Accountability
Act of 1995 (2 U.S.C. 1401 et seq.), why the respondent chose
not to do so;
(2) submit only to the Chairman and Ranking Member of the
Committee on Rules and Administration, the Chairman and
Ranking Member of the Committee on the Judiciary, and the
Chairman and Ranking Member of the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
the results of the survey; and
(3) take all steps necessary to preserve the anonymity of
survey respondents and protect the confidentiality of any
data that is collected under this section.
Mr. GRASSLEY. Mr. President, allegations of sexual harassment against
a growing number of people have surfaced recently. Some facing the
accusations have issued public apologies, while others have maintained
their innocence. But the allegations continue to mount, and as each new
one surfaces, so grows my concern about whether we're doing enough to
combat this problem.
There are many things on which members of this chamber don't agree,
but one thing on which we can and should agree is this: sexual
harassment has no place in the workforce. And it certainly has no place
in the halls of Congress.
To signal how seriously I take this issue, I last week called on the
Senate Rules Committee to impose a requirement of sexual harassment
training for every employee in this chamber. Today, I'm introducing a
bipartisan resolution to ensure that the Rules Committee has the
authority necessary to ensure that every member of this chamber, every
employee on the Senate payroll, and every unpaid Senate intern receives
anti-harassment training.
This is not an onerous requirement, and it's one that's long overdue.
Training materials on harassment already exist, thanks to the
Congressional Office of Compliance and our Office of the Senate Chief
Counsel for Employment. It's already mandatory for my Judiciary
Committee staff and personal office staff to take anti-harassment
training. The executive branch and some private employers already have
instituted similar training requirements for their employees.
More than two decades ago, I sponsored the Congressional
Accountability
[[Page S7066]]
Act as a sign of our commitment to promoting fairness in the workplace.
This 1995 statute requires Congress to follow the same civil rights,
labor, workplace safety, and health laws to which other employers are
subject. The law also established our Office of Compliance to implement
the law's dispute resolution, education, and enforcement provisions for
Congress. That office not only mediates sexual harassment complaints
but also has developed sexual harassment training for congressional
offices. The Office of the Senate Chief Counsel for Employment also
makes anti-harassment training available to Senators and staff.
The resolution I'm introducing today also calls for the Sergeant at
Arms to develop an anonymous survey on the prevalence of sexual
harassment in the Senate. This survey, which will be conducted every
two years, is to be developed in consultation with the Office of
Compliance and Office of the Senate Chief Counsel for Employment.
I have tremendous respect for my colleagues on both sides of the
aisle. I believe each of you works hard to ensure that your offices are
professional, free of harassment, and places where merit's rewarded.
But I think we have to acknowledge that in our society, despite our
best efforts and intentions, sexual harassment remains a serious
problem. And we must work together to make sure that the Senate remains
free from harassment.
Some may say that policies regarding sexual harassment should be left
to the discretion of each office. But I believe it's important for
every Senate office to have a consistent stance on this particular
issue. Every office should receive the same training so the Senate
maintains a culture in which harassment is not tolerated. This is a
common interest we all share. The voters who sent us here expect the
best. We owe it to the American people to hold ourselves and our
employees to the highest standards of conduct and professionalism.
Mr. President, I want to close by thanking Senators Feinstein,
Klobuchar, Ernst, and Gillibrand for working so closely with me on the
development of this resolution. I urge my colleagues to embrace a
common sense approach to preventing sexual harassment by supporting its
passage.
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