[Congressional Record Volume 157, Number 148 (Wednesday, October 5, 2011)]
[Extensions of Remarks]
[Page E1777]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTRODUCTION OF THE CONGRESS LEADS BY EXAMPLE ACT OF 2011

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Wednesday, October 5, 2011

  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.

                          ____________________