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More than a year after #MeToo, Congress has finally agreed on an overhaul of its sexual harassment policies

Here’s what to expect from the House-Senate compromise

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December 13, 2018 at 10:47 a.m. EST

Adapted from a story by The Washington Post’s Elise Viebeck.

The incoming Congress, which boasts more women than ever before, can expect at least one change to the way things work on Capitol Hill: The House and the Senate reached a deal Wednesday to change their policies on sexual harassment, and members involved with the talks predicted the bill would be adopted quickly in both chambers. The new rules, they said, would likely take effect before January, when the new Congress convenes.

It took nearly seven months of negotiations between the two chambers to settle on new laws that would make lawmakers liable for their own misconduct in the workplace. While exact legislative language was not released, the Senate Rules Committee confirmed that lawmakers will be required to reimburse the Treasury Department for settlements and awards resulting from harassment or retaliation they commit. Under the current system, settlements are paid for by taxpayers.

“Everybody will understand their personal liability and their personal responsibility, and that will be a good thing,” Rules Committee Chairman Roy Blunt (R-Mo.) told reporters Wednesday.

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Leaders and other lawmakers in the House promised further action in the next Congress.

“We believe this is a strong step towards creating a new standard in Congress that will set a positive example in our nation, but there is still more work to be done,” House Speaker Paul D. Ryan (R-Wis.), House Minority Leader Nancy Pelosi (D-Calif.) and other key lawmakers said in a joint statement.

What were Capitol Hill’s rules before?

Advocates said the changes were long overdue. More than half a dozen members of Congress were forced to resign within the past year amid allegations of sexual harassment or misconduct. Some had been involved in secret settlements that were eventually revealed in the media.

The system for reporting harassment and discrimination in congressional offices received widespread criticism last fall amid claims that it favored lawmakers over staff. In addition to taxpayer-funded settlements, the current process involves mandatory counseling, mediation and “cooling off” periods for accusers.

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What’s in the deal?

The House and the Senate passed separate overhaul bills earlier this year and began negotiations over points of disagreement, including when lawmakers would be personally responsible for settlements and what kind of free advice would be available to people who bring claims. A summary of the deal was released by the Senate Rules Committee. Here are the key takeaways:

The mandatory counseling, mediation and “cooling off” periods for accusers would be eliminated. Any settlement or award would be automatically referred to the respective chamber’s ethics committee. Members’ liability would be capped for awards but not settlements. And that liability would continue even if a member leaves office.

The deal involves greater transparency. Awards and settlements would be publicly reported, including whether a member of Congress was held personally liable, and a staff survey would be conducted each Congress about workplace culture.

The compromise would extend protections to unpaid staff, including interns and fellows and provide opportunities for accusers to work remotely or request paid leave.

There were a handful of inter-chamber splits, including on the kind of free counsel available to accusers. Senate staffers will have access to a confidential advocate who must be an attorney but cannot provide legal representation. House staffers will have access to full legal representation.