[Congressional Record Volume 163, Number 176 (Tuesday, October 31, 2017)]
[Extensions of Remarks]
[Page E1471]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTRODUCTION OF THE CONGRESS LEADS BY EXAMPLE ACT OF 2017

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Tuesday, October 31, 2017

  Ms. NORTON. Mr. Speaker, I am introducing the Congress Leads by 
Example Act, which would subject Congress and the rest of the 
legislative branch to the federal whistleblower and anti-discrimination 
laws that now protect employees in the private sector and the executive 
branch. Now more than ever, especially given ongoing reports of sexual 
harassment and other workplace abuses in the legislative branch, 
Congress should abide by the laws it imposes on the American people, 
American businesses, and others. Congress has already acknowledged the 
importance of accountability in the legislative branch when it passed 
the Congressional Accountability Act of 1995 (CAA).
  The CAA was an important first step in making the legislative branch 
accountable for its employment practices, but it did not finish the 
job. The CAA did bring the legislative branch under 13 major civil 
rights, labor and workplace safety and health laws, but it exempted the 
legislative branch from important notice and training provisions, and 
altogether omitted important substantive and administrative 
protections. In its annual report for fiscal year 2016, the Office of 
Compliance (OOC), which was established through the CAA, identified 
additional provisions of federal workplace laws and standards that 
should be applicable to the legislative branch. OOC's recommendations 
include mandatory anti-discrimination and anti-retaliation training, 
providing whistleblowers with protection from retaliation by making the 
Whistleblower Protection Act of 1989 applicable to the legislative 
branch, and urging Congress to approve regulations that provide 
additional protections under the Family and Medical Leave Act and the 
Americans with Disabilities Act. This bill takes into account the OOC 
report, and seeks to both apply the standard of fairness to employees 
in the legislative branch that Congress requires for other employees 
and to provide a safer work environment for Congress, Capitol Hill 
employees, and visitors by bringing the legislative branch in line with 
the legal requirements of private sector employers and the executive 
branch.
  My bill is a necessary companion to the CAA, particularly in light of 
recent news reports of appalling behavior on the part of Members of 
Congress and staff in positions of authority in Member offices and 
committees. Former and current staffers spoke out on social media 
during the #MeToo campaign, which originated after the Harvey Weinstein 
sexual assault and harassment allegations, sharing horrifying stories 
of workplace harassment, including groping, inappropriate emails and 
text messages, and predatory behavior on the part of both Members and 
staff. But many legislative branch employees who have been victims of 
workplace harassment or worse have not felt empowered to report it 
since they are not protected from retaliation. My bill provides general 
whistleblower protections, anti-retaliation measures, and makes 
additional Occupational Safety and Health Act (OSHA) provisions 
applicables to the legislative branch, including providing subpoena 
authority to OOC to conduct inspections and investigations into OSHA 
violations.
  This bill also furthers the CAA's mission to prevent discrimination 
in legislative branch offices by prohibiting the legislative branch 
from making adverse employment decisions on the basis of an employee's 
wage garnishment or involvement in bankruptcy proceedings pursuant to 
the Consumer Credit Protection Act and Chapter 11 of the bankruptcy 
code. This bill requires legislative branch employers to provide their 
employees with notice of their rights and remedies under the CAA anti-
discrimination provisions through the placement of signage in offices 
highlighting relevant anti-discrimination laws, including Title VII of 
the Civil Rights Act, the Americans with Disabilities Act, and the Age 
Discrimination in Employment Act. This bill also requires legislative 
branch offices to provide training to employees about their CAA rights 
and remedies. Finally, this bill bolsters the CAA's recordkeeping 
requirements. It extends to the legislative branch the obligation to 
maintain accurate records of safety information and employee injuries, 
as otherwise required by OSHA, as well as employee records necessary to 
administer anti-discrimination laws.
  By passing this bill, Congress will help restore the public trust in 
this institution by redoubling our efforts to exercise leadership by 
example. I urge bipartisan support for this important measure.

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