(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
(Sec. 1) Requires each employing office of the House of Representatives to adopt an anti-harassment and anti-discrimination policy.
Directs the Committee on House Administration, by June, 1, 2018, to promulgate regulations to carry out this resolution and ensure their consistency with requirements of the Congressional Accountability Act of 1995 (CAA), the House Code of Official Conduct, and other relevant laws, rules, and regulations.
(Sec. 2) Establishes the House Office of Employee Advocacy (OEA) to: (1) provide legal assistance to House employees regarding 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.
(Sec. 3) Requires the Office of the House Employment Counsel to continue carrying out all of its current functions.
(Sec. 4) Directs the Chief Administrative Officer of the House to require: (1) House offices to certify on Payroll Authorization Forms of House employees that payroll actions are not connected to CAA awards and settlements, and (2) House Members to certify on such forms that Members' Representational Allowance is not being used for CAA awards or settlements.
(Sec. 5) 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 or engaging in unwelcome sexual advances; and (2) sexual relationships between Members and employees (except between married individuals).
(Sec. 7) 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 recommendations regarding such an allegation, if the employee initiates proceedings regarding 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>
Introduced in House
Introduced in House
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.
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.
Mr. Harper moved to suspend the rules and agree to the resolution.
Considered under suspension of the rules. (consideration: CR H813-814)
DEBATE - The House proceeded with forty minutes of debate on H. Res. 724.
Passed/agreed to in House: On motion to suspend the rules and agree to the resolution Agreed to by voice vote.(text: CR H813-814)
On motion to suspend the rules and agree to the resolution Agreed to by voice vote. (text: CR H813-814)
Motion to reconsider laid on the table Agreed to without objection.
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