; or (B) to direct the covered employee’s daily work activities; or (2) the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. ; and (3) in subsection (f), as redesignated by paragraph (1), by striking subsections (a) through (c) and inserting subsections (a) through (d). . 11. Amendment to the Congressional Accountability Act of 1995 Section 201 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Subject to section 12 of the Fair Employment Protection Act of 2017 , an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment that constitutes discrimination under this section if, at the time of the harassment— (1) such individual was authorized by the employing office— (A) to undertake or recommend tangible employment actions affecting the covered employee; or (B) to direct the covered employee’s daily work activities; or (2) the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . 12. Rule of construction Nothing in this Act shall be construed to limit the availability of, or access to, defenses available under the law. 13. Savings clause If any provision of this Act is declared invalid, the other provisions in this Act will remain in full force and effect. 14. Application This Act, and the amendments made by this Act, shall apply to all claims pending on or after the date of enactment of this Act.