[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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