[Congressional Record Volume 161, Number 133 (Wednesday, September 16, 2015)]
[Extensions of Remarks]
[Pages E1292-E1293]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     THE INTRODUCTION OF THE CONGRESS LEADS BY EXAMPLE ACT OF 2015

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                     Wednesday, September 16, 2015

  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

[[Page E1293]]

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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