Introduction of the Congress Leads By Example Act of 2020

Floor Speech

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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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