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 Rep-
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resentatives 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. 
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(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 
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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 investiga-
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tions 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. 
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(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 
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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 
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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 
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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 
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proceedings with respect to the alleged violation under title 

IV of such Act. 

Attest: 

Clerk.