[Congressional Record Volume 166, Number 152 (Tuesday, September 1, 2020)]
[Extensions of Remarks]
[Page E808]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTRODUCTION OF THE CONGRESS LEADS BY EXAMPLE ACT OF 2020

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Tuesday, September 1, 2020

  Ms. NORTON. Madam Speaker, today, I introduce the Congress Leads by 
Example Act of 2020, which would subject Congress and the rest of the 
legislative branch to many of the workplace laws that protect employees 
in the private sector and the executive branch. Congress should abide 
by the laws it imposes on the American people and businesses. In 1995, 
Congress passed the Congressional Accountability Act of 1995 (CAA), 
which applied 13 civil rights, labor and workplace safety and health 
laws to Congress and legislative branch entities. In 2018, after 
reports of sexual harassment in Congress and in light of the #MeToo 
movement, Congress passed the Congressional Accountability Act of 1995 
Reform Act (Reform Act), which changed the name of the Office of 
Compliance to the Office of Congressional Workplace Rights (OCWR), 
revised the process to resolve workplace claims and extended CAA 
protections to unpaid staff, interns and fellows. It also made Members 
of Congress personally liable for their own violations of harassment 
and retaliation laws. However, more remains to be done.
  The CAA and the Reform Act were important first steps in making the 
legislative branch accountable for its employment practices, but they 
did not finish the job. As noted, the CAA did bring the legislative 
branch under 13 major civil rights, labor and workplace safety and 
health laws but it omitted important substantive and administrative 
protections. In its latest Section 102(b) biennial report to Congress, 
the OCWR identified additional provisions of federal workplace laws and 
standards that should be applicable to the legislative branch. OCWR's 
recommendations include providing whistleblowers with protection from 
retaliation by making the Whistleblower Protection Act of 1989 
applicable to the legislative branch. My bill takes into account the 
OCWR report, and seeks both to 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 provides general whistleblower protections and anti-
retaliation measures and makes additional Occupational Safety and 
Health Act (OSHA) retaliation provisions applicable to the legislative 
branch. My bill also provides subpoena authority to OCWR 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.
  Finally, this bill bolsters the CAA's recordkeeping requirements. It 
extends 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 in the legislative branch.
  By passing this bill, Congress would 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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