[Congressional Record Volume 168, Number 138 (Tuesday, August 23, 2022)]
[Extensions of Remarks]
[Page E873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTRODUCTION OF THE CONGRESS LEADS BY EXAMPLE ACT OF 2022

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                        Tuesday, August 23, 2022

  Ms. NORTON. Madam Speaker, I introduce the Congress Leads by Example 
Act of 2022, which would subject the legislative branch to many of the 
laws that protect employees in the private sector and the executive 
branch. Congress should abide by the laws it imposes on others. In 
1995, Congress passed the Congressional Accountability Act of 1995 
(CAA), which applied 13 existing civil rights, labor and workplace 
safety and health laws to the legislative branch. 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 workplace 
harassment and retaliation laws.
  The CAA and the Reform Act were important steps in making the 
legislative branch accountable for its employment practices, but they 
did not finish the job. As noted, the CAA brought the legislative 
branch under 13 civil rights, labor and workplace safety and health 
laws but it omitted important substantive and procedural protections. 
In its two most recent Section 102(b) biennial reports to Congress, 
OCWR identified additional federal workplace laws and procedures that 
should be applicable to the legislative branch. OCWR's recommendations 
for the 116th Congress included making the Whistleblower Protection Act 
of 1989 applicable to the legislative branch. The OCWR's 
recommendations for this Congress included allowing the OCWR Board of 
Directors to authorize the OCWR General Counsel to seek appropriate 
temporary relief after filing an unfair labor practice charge, amending 
the confidentiality provisions of the CAA to exclude proceedings under 
the Federal Service Labor-Management Relations Statute and the public 
access provisions of the Americans with Disabilities Act and requiring 
mediation upon the request of the claimant. This bill takes into 
account OCWR's recommendations, and seeks both to apply the standard of 
fairness to employees of the legislative branch that Congress requires 
for other employees and provide a safer work environment for the 
legislative branch and visitors by bringing the legislative obligations 
in line with the legal requirements of the private sector and the 
executive branch.
  This 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. This bill also provides subpoena authority to OCWR to conduct 
inspections and investigations into OSHA violations.
  This bill also furthers the CAA's goal of preventing workplace 
discrimination in the legislative branch 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 
applies 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.
  This bill would help restore the public's trust in Congress by 
redoubling our efforts to exercise leadership by example. I urge 
support for this important measure.

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