[Congressional Record Volume 164, Number 23 (Tuesday, February 6, 2018)]
[House]
[Pages H813-H815]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REQUIRING ADOPTION OF ANTI-HARASSMENT AND ANTI-DISCRIMINATION POLICIES 
                           FOR HOUSE OFFICES

  Mr. HARPER. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 724) requiring each employing office of the House 
of Representatives to adopt an anti-harassment and anti-discrimination 
policy for the office's workplace, establishing the Office of Employee 
Advocacy to provide legal assistance and consultation to employees of 
the House regarding procedures and proceedings under the Congressional 
Accountability Act of 1995, and for other purposes.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 724

       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

[[Page H814]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Mississippi (Mr. Harper) and the gentleman from Pennsylvania (Mr. 
Brady) each will control 20 minutes.
  The Chair recognizes the gentleman from Mississippi.
  Mr. HARPER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this is the second measure before us today. The House 
resolution makes a number of administrative reforms to the House, 
including requiring each employing office of the House to adopt 
antiharassment and antidiscrimination policies for the office's 
workplace; establishing within the Chief Administrative Officer an 
Office of Employee Advocacy who will provide legal consultation, 
representation, and assistance to House employees; and directing 
Members to certify that the Members' Representational Allowance is not 
being used to settle or pay an award under the Congressional 
Accountability Act.
  In addition, the resolution makes a number of changes to the Code of 
Official Conduct that, together, will strengthen the House's policies 
on sexual harassment.
  The House resolution is a critical piece of the comprehensive reform 
package needed to strengthen the policies, procedures, and mechanisms 
to guard against and respond to sexual harassment claims in the 
congressional workplace. I encourage my colleagues to support this 
important resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, this resolution continues the work we started and the 
legislation we just considered. It makes much-needed improvements to 
how the House operates.
  It requires every office to have an antiharassment and 
antidiscrimination policy. It provides legal counsel for our House 
employees who need assistance in fighting harassment in their offices. 
It strengthens our Code of Conduct, the ethics rules we live by, to 
make clear that this kind of behavior will not be tolerated, and it 
bans the use of the MRA for paying settlements.
  I encourage my colleagues to support this legislation.
  Again, I would like to thank my chairman for his cooperation. As 
always, we work together. As you can see, when we work together, we get 
things done.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HARPER. Mr. Speaker, I want to certainly thank the ranking 
member, Mr. Brady, for the great bipartisan work and his friendship in 
making this possible to get these important things done.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Mississippi (Mr. Harper) that the House suspend the 
rules and agree to the resolution, H. Res. 724.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

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