usmbguest5318
Gold Member
Congress passes the laws, and they think that quite a few of them are good for others to follow, except themselves.
- Occupational Safety and Health Act of 1970
- The Occupational Safety and Health Act (OSHA - 29 U.S. Code 651-78) requires each covered employer to provide a place of employment free from recognized hazards that may cause serious physical harm or death, and to comply with the Act's occupational safety and health standards. The Act is intended to protect employees from personal injuries and illnesses resulting from work situations. Both the Secretary of Labor and the Occupational Safety and Health Review Commission perform duties related to the enforcement of the Act.47 The Secretary may inspect work premises, investigate, and issue citations to employers for statutory violations.
- The Occupational Safety and Health Act (OSHA - 29 U.S. Code 651-78) requires each covered employer to provide a place of employment free from recognized hazards that may cause serious physical harm or death, and to comply with the Act's occupational safety and health standards. The Act is intended to protect employees from personal injuries and illnesses resulting from work situations. Both the Secretary of Labor and the Occupational Safety and Health Review Commission perform duties related to the enforcement of the Act.47 The Secretary may inspect work premises, investigate, and issue citations to employers for statutory violations.
- Freedom of Information Act and Privacy Act
- The FOIA (U.S. Code 552) provides a statutory right of access to a wide range of government information to allow citizens to be informed of government affairs. Even though not covered by the Act, Congress makes available to the public an extensive amount of information about congressional activities, including the Congressional Record, committee reports and hearings, etc. But not all documents relating to legislation are generally accessible; certain administrative records of the House and Senate are not publicly available; and certain other congressional correspondence and documents are not routinely disclosed.
(See: "Application of the Freedom of Information Act to Congress: A Legal Analysis")
- The FOIA (U.S. Code 552) provides a statutory right of access to a wide range of government information to allow citizens to be informed of government affairs. Even though not covered by the Act, Congress makes available to the public an extensive amount of information about congressional activities, including the Congressional Record, committee reports and hearings, etc. But not all documents relating to legislation are generally accessible; certain administrative records of the House and Senate are not publicly available; and certain other congressional correspondence and documents are not routinely disclosed.
- Gift Limitations
- In the House and Senate the rules respectively adopted by each body broadly limit gifts, from all sources except relatives, regardless of whether the donor has an interest in official matters. There is a $250 yearly aggregate limit for gifts from a single source. However, only gifts which have a value in excess of $100 will be counted in the $250 yearly aggregation. Exemptions to the gift rule are gifts of local meals (unless they are in connection with an overnight stay), the expenses of a reception honoring the Member, and ``necessary expenses'' of travel and transportation for the Member's participation in a conference or the like sponsored by the party providing such expenses, for a limited time period.
- In the House and Senate the rules respectively adopted by each body broadly limit gifts, from all sources except relatives, regardless of whether the donor has an interest in official matters. There is a $250 yearly aggregate limit for gifts from a single source. However, only gifts which have a value in excess of $100 will be counted in the $250 yearly aggregation. Exemptions to the gift rule are gifts of local meals (unless they are in connection with an overnight stay), the expenses of a reception honoring the Member, and ``necessary expenses'' of travel and transportation for the Member's participation in a conference or the like sponsored by the party providing such expenses, for a limited time period.
- Activities as an Agent or Attorney
- Section 205 of 18 U.S. Code prohibits outside, non-official activities of acting as an ``agent or attorney,'' with or without compensation, for private parties when this service is given more importance than service to the United States Government and prohibits such activities in court when the United States is a party or has a direct and substantial interest. The law applies to officers and employees of the Federal Government, but does not apply to Members of Congress, the President, the Vice President, or to Federal judges
- Section 205 of 18 U.S. Code prohibits outside, non-official activities of acting as an ``agent or attorney,'' with or without compensation, for private parties when this service is given more importance than service to the United States Government and prohibits such activities in court when the United States is a party or has a direct and substantial interest. The law applies to officers and employees of the Federal Government, but does not apply to Members of Congress, the President, the Vice President, or to Federal judges
- Personal Gain
- The principal financial conflict of interest law for Federal employees, 18 U.S. Code 208, prohibits officers and employees of the executive branch from taking official governmental action on any matter in which they have any personal financial interest. Government officials are barred from participating in any matters in which they have any personal financial interest. The statute does not apply to any elected officials of the Federal Government, so Members of Congress, the President, the Vice President, and Federal judges are exempt.
- The principal financial conflict of interest law for Federal employees, 18 U.S. Code 208, prohibits officers and employees of the executive branch from taking official governmental action on any matter in which they have any personal financial interest. Government officials are barred from participating in any matters in which they have any personal financial interest. The statute does not apply to any elected officials of the Federal Government, so Members of Congress, the President, the Vice President, and Federal judges are exempt.
- Honoraria and Outside Compensation
- Section 209 of 18 U.S. Code prohibits employees of the executive branch of government from receiving private compensation or salary supplementation for their government work or as payment for activities within the scope of their official governmental duties. The statute does not apply to Members of Congress, legislative branch employees, the President, Vice President, or Federal judges.
It is noted that rank-and-file Federal employees in the executive branch are not and have never been flatly barred from accepting all transportation expenses and expenses of travel for private ``honoraria'' events, that is, for providing private, non-governmental services to private parties or organizations on their own time, even during the period when executive branch employees were barred from accepting the honorarium itself by the 1989 legislation. Such employees may accept that transportation (and now the honorarium as well), for private, non-governmental services, as long as the acceptance from the particular payor, donor, or sponsor does not create a conflict of interest; the activities do not involve the use of government resources, supplies or non-public information; the expenses or payment is not offered merely because of the individual's status as a government official; and the subject matter does not focus specifically on a particular matter on which the employee is currently assigned to work or has been assigned to work on within the last year, or if the subject focuses on a particular policy of the employee's agency. A Federal employee is expressly allowed to receive honoraria and travel payments, however, for speaking on issues and public policy matters, even those which are within the employee's scope of official expertise because of his or her education, training, and employment and even though the employee's agency may deal with the subject matter.
- Section 209 of 18 U.S. Code prohibits employees of the executive branch of government from receiving private compensation or salary supplementation for their government work or as payment for activities within the scope of their official governmental duties. The statute does not apply to Members of Congress, legislative branch employees, the President, Vice President, or Federal judges.
- Labor and Employment Laws
- Many statutes concerning labor and employment have no application to Congress primarily because the subject matter of the law has no relation to the activities of Congress. Other Federal laws do not apply to Congress, such as Title VI of the 1964 Act prohibiting discrimination based on race, color, or national origin in ``any program or activity receiving Federal financial assistance.'' Similarly, the 1975 Age Discrimination Act bans all arbitrary age distinctions in the operation of Federally assisted programs aid.
The procedures and remedies under the House Office of Fair Employment Practices (OFEP) are exclusive except to the extent that other procedures and remedies might be available under other rules of the House or under the rules of the House Committee on Standards of Official Conduct. The ``rights and protections'' of the Fair Labor Standards Act (including the Equal Pay Act), and the employment provisions of the Americans with Disabilities Act of 1990, Civil Rights Act of 1991, and Family and Medical Leave Act of 1993 have now been extended by statute to the House. However, the House OFEP is the enforcement mechanism for these laws in the House of Representatives. Thus, there is no involvement of an executive agency or the courts in the case of House employees.
The Civil Rights Act of 1991 also established a Senate Office of Fair Employment Practices and provided a four-step internal Senate enforcement procedure consisting of: (a) counseling, (b) mediation; (c) formal complaint and hearing by a board composed of three independent hearing officers, who are not Senators, officers, or employees of the Senate; and (d) review of the hearing board decision by the Senate Select Committee on Ethics. Senate employees have the right to appeal employment discrimination complaints to the U.S. Court of Appeals. While this is not de novo review, which is extended to the private sector and Presidential appointees, it is judicial review.
- The National Labor Relations Act, as amended by the Labor Relations Act of 1947, guarantees the right of employees to form, join, and assist the collective bargaining of labor organizations and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. The Act also protects the right to strike. It applies to all private employers whose work involves interstate commerce. The Act's definition expressly provides that the term employer ``shall not include the United States or any wholly owned Government corporation''
- The Employee Polygraph Protection Act of 1988 prohibits employers from utilizing lie detectors except as expressly permitted by the Act. The Act does not apply to the United States Government, therefore it does not apply to employees of the Congress.
- The Employee Retirement Income Security Act of 1974 governs all aspects of employee benefit plans established or maintained by employers, labor organizations, or both. It does not apply to any plan established or maintained by the U.S. Government. Therefore, it has no application to Congress or the executive branch.
- The Worker Adjustment and Retraining Notification Act requires any employer with 100 or more employees to provide at least 60 days notice of any plant closing or mass layoff involving 50 or more employees. Employees of the Congress and of the Executive Office of the President are exempt.
- Many statutes concerning labor and employment have no application to Congress primarily because the subject matter of the law has no relation to the activities of Congress. Other Federal laws do not apply to Congress, such as Title VI of the 1964 Act prohibiting discrimination based on race, color, or national origin in ``any program or activity receiving Federal financial assistance.'' Similarly, the 1975 Age Discrimination Act bans all arbitrary age distinctions in the operation of Federally assisted programs aid.