[Congressional Record Volume 164, Number 24 (Wednesday, February 7, 2018)]
[Senate]
[Page S706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY:
  S. 2401. A bill to amend the Congressional Accountability Act of 1995 
to reform the procedures provided under such Act for the initiation, 
investigation, and resolution of claims alleging that employing offices 
of the legislative branch have violated the rights and protections 
provided to their employees under such Act, including protections 
against sexual harassment, and for other purposes; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. GRASSLEY. Mr. President, two decades ago, I championed passage of 
the Congressional Accountability Act. It was the first piece of 
legislation passed by the 104th Congress and the first time in history 
that Congressional employees enjoyed any legal protections relating to 
harassment and discrimination.
  Today, I am introducing a measure to update and improve this landmark 
legislation. I call on my colleagues to support these proposed reforms, 
which already have passed the House of Representatives. Doing so will 
promote greater transparency, accountability, and an improved work 
climate in the halls of Congress.
  For decades before the enactment of the original Congressional 
Accountability Act, our branch of government adopted legislation 
setting workplace safety, civil rights, labor and health policies that 
directly impacted workers and employers in our hometown communities. 
Until 1995, Congress was exempt from these Federal laws, which meant 
that Congressional staff enjoyed none of the employment protections 
that applied to private sector and executive branch employees.
  Because Members of Congress are elected to represent the people, it 
seemed to me rather disingenuous that the people's branch had authored 
laws that applied to the men and women on Main Street but didn't apply 
to the members of Congress who wrote them. Why shouldn't Congress be 
held to the same set of standards as everyone else?
  That's what prompted me to champion the development of the original, 
bipartisan Congressional Accountability Act.
  My initial good government effort wasn't met with open arms on 
Capitol Hill. It took tremendous effort and half a dozen years to 
secure enough support to pass these reforms. The Congressional 
Accountability Act finally passed when Republicans gained majority 
control of both houses of Congress for the first time in four decades. 
President Bill Clinton signed this legislation on January 23, 1995.
  The Federal legislative branch employs tens of thousands of workers 
on Capitol Hill, in state offices around the country, and in associated 
offices, such as the Capitol Police. Thanks to the Congressional 
Accountability Act, these legislative employees are covered by over a 
dozen Federal workplace laws, including provisions that mandate minimum 
wage and regulate overtime; make accommodations for workers with 
disabilities; spell out anti-discriminatory policies for workers based 
on race, color, religion, sex, national origin, age, disability or 
military service; guarantee family and medical leave; require hazard-
free workplaces; clarify collective bargaining rights for union 
members; and explain rules about lie detector tests for employees.
  The legislation I'm introducing today makes significant reforms, in 
three areas, to the Congressional Accountability Act (CAA). The purpose 
of these reforms is to enhance transparency, ensure accountability, and 
promote a more respectful work climate in both chambers of Congress.
  First, this legislation would streamline and enhance the dispute 
resolution process for Congressional staff and interns. For example, it 
would enable Congressional employees to have access to an advocate who 
can offer assistance in proceedings before the Congressional Office of 
Compliance. It would require that every Congressional office adopt an 
anti-harassment policy. It would make it optional, not mandatory, for 
staffers complaining of harassment to engage in mediation. And it would 
institute a periodic survey of employees to assess attitudes about 
harassment in Congress.
  Second, this legislation would make Congressional lawmakers 
personally liable for their harassment of employees and interns. It 
imposes a 90-day deadline by which Congressional lawmakers must 
reimburse the Treasury for awards or settlements of harassment claims. 
It bars the use of official House or Senate funds to cover a settlement 
of a harassment claim. It also ensures the automatic referral of 
harassment claims against a lawmaker to the Ethics Committee.
  Third, and finally, this measure would increase public transparency 
of Congressional settlement awards. It does so by ensuring that 
detailed information on awards and settlements will be reported twice a 
year and posted online.
  These reforms are overdue, and I urge my colleagues to join me in 
supporting the immediate passage of the Congressional Accountability 
Act of 1995 Reform Act. I also want to take this opportunity to thank 
Congressman Gregg Harper for introducing and championing the passage of 
very similar legislation in the House of Representatives earlier this 
week.

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