Formatting necessary for an accurate reading of this text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.
[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
______
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.
____________________
