The Introduction of the Congress Leads by Example Act of 2015

Floor Speech

Ms. NORTON. Mr. Speaker, today, I introduce the Congress Leads by Example Act of 2015, to subject Congress and the rest of the legislative branch to the federal whistleblower and antidiscrimination laws that now protect employees in the private sector and the executive branch. Congress should abide by the laws it imposes on the American people, American businesses, and others. Congress made that promise when it passed the Congressional Accountability Act of 1995 (CAA).

The CAA was an important first step in making the legislative branch accountable for its employment practices, but it did not finish the job. The CAA did bring the legislative branch under 13 major civil rights, labor and workplace safety and health laws, but it exempted the legislative branch from important notice and training provisions, and altogether omitted important substantive and administrative protections.

The Congress Leads by Example Act of 2015 is a necessary follow-up bill to our 2010 investigation concerning staff complaints of conditions at the Capitol Visitor Center (CVC) and to the ongoing recommendations from the Office of Compliance (OOC), which found a gap in OOC's authority to enforce the Occupational Safety and Health Act of 1970 (OSHA) provisions against the legislative branch. In the 111th Congress, as chair of the Committee on Transportation and Infrastructure Subcommittee on Economic Development, Public Buildings, and Emergency Management, I held a hearing examining claims by OOC, which was created by the CAA, of an estimated 6,300 safety hazards in the U.S. Capitol complex, as well as complaints by CVC tour guides that they were compelled to work in uniforms that were inappropriate for outdoor work in the summer and winter, and that there were limits placed on their water consumption. Our hearing demonstrated that many of the serious safety hazards in the Capitol complex had been resolved, and the Architect of the Capitol testified and offered evidence that it was continuing to correct the outstanding hazards with due speed. Eventually, the formation of a union with AFSCME Local 658 by CVC tour guides, aided by our hearings, helped speed up specific improvements in uniform and water consumption practices and policies.

However, in its annual report for fiscal year 2014, OOC identified additional provisions of federal workplace laws and standards that should be applicable to the legislative branch. OOC's recommendations include laws that grant the OOC General Counsel subpoena power, provide whistleblowers with protection from retaliation, and require the maintenance of employment records. The OOC report presents the successes and shortcomings of the CAA by tracking the trends in legislative branch employee complaints and workplace safety hazards in fiscal year 2014. This bill takes into account the OOC report, and seeks to both 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.

Legislative branch employees have no way to report misuse of federal funds and other violations without fear of retaliation. This bill provides general whistleblower protections, and makes applicable additional OSHA provisions to the legislative branch, including providing subpoena authority to OOC to conduct inspections and investigations into OSHA violations, and requiring the posting of notices in workplaces detailing employee rights to a safe workplace under OSHA.

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 (CCPA) and Chapter 11 of the bankruptcy code. This bill requires legislative branch employers to provide their employees with notice of their rights and remedies under the CAA anti-discrimination provisions through the placement of signage in offices highlighting relevant anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. This bill also requires legislative branch offices to provide training to employees about their CAA rights and remedies. Adding the CCPA and bankruptcy provisions will deter economic discrimination, while the notice and training provisions will empower legislative branch employees with full knowledge of their rights.

Finally, this bill bolsters the CAA's recordkeeping requirements. It extends 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. The enhanced recordkeeping requirements will facilitate better enforcement of laws.

By passing this bill, Congress will help restore the trust of the public in this institution by redoubling our efforts to exercise leadership by example. I urge bipartisan support for this important measure.

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