Introdcution of The Congress Leads By Example Act of 2011

Floor Speech

* Ms. NORTON. Mr. Speaker, today, I introduce the Congress Leads by Example Act of 2011, to subject Congress and the rest of the legislative branch to the federal workplace laws and standards that protect individuals in the private sector and the executive branch. The Congressional Accountability Act of 1995, CAA, was an important first step in making the legislative branch accountable to its employees, but it did not finish the job. While the CAA did bring the legislative branch under thirteen major civil rights, labor, and workplace safety and health laws, it exempted the legislative branch from important notice and training provisions, and altogether omitted important substantive and administrative provisions.

* The Congress Leads by Example Act of 2011 is a follow-up to my 2010 investigation of Capitol Visitor Center, CVC, staff complaints and the recommendations from the Office of Compliance, OOC, which revealed a gap in authority to enforce the Occupational Safety and Health Act of 1970, OSHA, provisions against the legislative branch. Last year, as chair of the Committee on Transportation and Infrastructure's Subcommittee on Economic Development, Public Buildings, and Emergency Management, I held a hearing examining claims by the OOC of an estimated 6,300 safety hazards in the U.S. Capitol complex, as well as complaints by CVC guides that they were compelled to work in uniforms inappropriate for outdoor work in the summer and winter, and that they had limits on their water consumption. Our hearing demonstrated that many of the safety hazards had been resolved, and the Architect of the Capitol assured us that they continue to correct the outstanding hazards with due speed. Eventually, the formation of a union local by CVC guides led to specific improvements in uniform and water consumption practices and policies.

* In the 2010 report, Recommendations for Improvements to the Congressional Accountability Act, the OOC, which was created by the CAA, indentified additional provisions of federal workplace laws and standards that should be applicable to the legislative branch, including laws that grant the OOC General Counsel subpoena power, provide whistleblowers with protection from retaliation, and require the maintenance of employment records. In the 2011 report, State of the Congressional Workplace, the OOC presents the successes and shortcomings of the CAA by tracking the trends in legislative branch employee complaints and workplace safety hazards in fiscal year 2010. My bill takes into account the OOC reports, 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 Capitol Hill employees by bringing the legislative branch further in line with what is legally required of private sector employers and the executive branch.

* As Congress searches for ways to trim the federal budget, it would be timely to provide whistleblower protections to legislative branch employees so that they can report misuse of federal funds and other legal violations without fear of retaliation. My bill provides general whistleblower protections, also championed by Senators CHUCK GRASSLEY and CLAIRE MCCASKILL. My bill also makes applicable additional provisions under OSHA, including providing subpoena authority to the 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 by prohibiting 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. The bill also requires 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. The 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 the full knowledge of their rights.

* Finally, the 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 required by OSHA, as well as the employee records necessary to administer the anti-discrimination laws. The enhanced recordkeeping requirements will facilitate better enforcement of laws.

* On the eve of the CAA's passage, Senator OLYMPIA SNOWE may have best captured the intent of Congress and the will of the people when she remarked, ``Congress simply cannot continue to live above the law and call itself a body that is 'representative' of the America we live in today. After all, what kind of message does Congress send to Americans when it sets itself above the law? What kind of message does Congress send to America when it believes it is beholden to different standards? And how can Congress claim to pass laws in the best interest of the American people if Congress refuses to abide by those very same laws ..... Congress should be the very last institution in America to exempt itself from living under the nation's laws. Rather, Congress should always be the very first institution to be covered by the laws of the land, especially as the body legislating such laws.'' By passing this bill and heeding this wise call to action, Congress will help restore the faith of the public in this institution by redoubling our efforts to exercise leadership by example. I urge bipartisan support of this important measure.

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