Title: 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.
Policy area: Congress

Summary:
Requires each employing office of the House of Representatives to adopt an anti-harassment and anti-discrimination policy.
Establishes the House Office of Employee Advocacy (OEA) to: (1) provide legal assistance to House employees regarding Congressional Accountability Act of 1995 (CAA) procedures, including those applicable to civil actions; and (2) operate an employee hotline.
Prohibits the OEA from: (1) accepting awards of litigation expenses or costs under CAA hearings or civil actions, and (2) providing assistance to an employee after the individual files a civil action.
Requires House offices to certify that payroll actions are not connected to CAA awards and settlements, and that the Member's Representational Allowance is not being used for CAA awards or settlements.
Amends Rule XXIII (Code of Official Conduct) of the Rules of the House to prohibit: (1) a Member, Delegate, Resident Commissioner, officer, or employee of the House from committing sexual harassment against an individual or engaging in unwelcome sexual advances; and (2) sexual relationships between Members and employees (except between married individuals).
Bars the House Office of Congressional Ethics from initiating or continuing any investigation of an allegation of violation under CAA rights and protections, or making any recommendations regarding such an allegation, if the employee initiates proceedings with respect to the alleged violation under CAA administrative and judicial dispute-resolution procedures.

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

<DOC>






115th CONGRESS
  2d Session
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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2018

Mr. Harper (for himself, Mr. Brady of Pennsylvania, Mr. Rodney Davis of 
Illinois, Ms. Lofgren, Mrs. Comstock, Mr. Raskin, Mr. Walker, Mr. Smith 
  of Nebraska, Mr. Loudermilk, Mr. Byrne, Ms. Speier, Mr. Deutch, and 
 Mrs. Brooks of Indiana) submitted the following resolution; which was 
 referred to the Committee on House Administration, and in addition to 
the Committee on Ethics, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
  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.

    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.
                                 <all>