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Tag: What is Congress exempt from the freedom of Information Act

what laws is congress exempt from

what laws is congress exempt from插图

Are members of Congress exempt from the law?

Members of Congress are not exempt from the law in a number of situations, as described below. Equal Employment Opportunity Federal protection against workplace discrimination is embedded in a range of Federal laws that apply to employment in the private sector as well as employment in Federal, State, and local governments.

What is Congress exempt from the freedom of Information Act?

Congress is still exempt from: — The Freedom of Information Act. — Investigatory subpoenas to obtain information for safety and health probes. — Protections against retaliation for whistleblowers. — Having to post notices of worker rights in offices. — Prosecution for retaliating against employees who report safety and health hazards.

What other laws apply to Congress?

Critics of congressional exemptions point to two other laws that they believe should apply to Congress — the Occupational Safety and Health Act (OSHA) and the Freedom of Information Act (FOIA).

Are Congress members exempt from insider trading laws?

While Congress is moving to explicitly apply insider trading laws to its members, lawmakers are exempt from provisions of other federal laws. In 1995, the House and Senate passed the Congressional Accountability Act, which did apply many civil rights, labor and workplace safety statutes to the legislative branch. Congress is still exempt from:

What happens if an employer contests a citation?

If an employer contests a citation or an employee alleges that the period of time specified in the citation for the abatement of the violation is unreasonable , a hearing may be held by the Commission.48The Secretary of Labor or any person adversely affected or aggrieved by an order of the Commission issued after a Commission hearing may seek judicial review.49OSHA does not create a private right of action for injured employees or against employers or third parties; no private cause of action is implied under the Act or under Federal common law. The provisions and regulations of OSHA “are sufficiently comprehensive to make such a private right of action unnecessary to effectuate the congressional policy underpinning the substantive provisions of the statute.”50

What is Section 205?

Codeprohibits 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.

What is the limit on gifts?

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.

What is the gift ban?

The Ethics Reform Act of 1989 provides a statutory provision barring the receipt of gifts from persons with certain interests in or business before one’s agency. 5 U.S. Code7353. That provision covers all officers and employees of the government, including Members of Congress. The differences in the application of the gifts provision come not from the coverage of the law, which applies to all officers and employees, including Members of Congress, but from the regulations adopted in the executive branch regarding exceptions and exemptions from the ban, as opposed to the House and Senate rules adopted by the House and the Senate, respectively, concerning permissible gifts and exceptions from the statute.75

What is independent counsel?

The independent counsel provisions of the Ethics in Government Act of 1978 were originally adopted as a remedy for the serious “structural” or inherent “conflicts of interest” that have arisen when the President or the Attorney General must conduct or supervise a criminal investigation of themselves, or of their Administration colleagues in the executive branch.69Under our Constitution, and the separation of powers doctrine, the function of Federal law enforcement is lodged exclusively in the executive branch of the Federal Government.70The Attorney General and the President thus have both practical and structural control, and supervision, of the conduct of criminal investigations by their appointees and staff, including criminal investigations of themselves or of their colleagues in the Administration. The Attorney General is also statutorily directed to act as the legal advisor to the President and to the executive agencies. Where high level officials in the executive branch were implicated in potential crimes, serious and practical conflicts of interest and problems of conflicting loyalties arose in cases where the Attorney General and the President supervised and controlled investigations of themselves or their colleagues, and when the Department of Justice had to act at the same time as both prosecutor of and legal advisor to the executive branch or executive agencies.71

How many days notice for plant closing?

The Worker Adjustment and Retraining Notification Act91requires 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.

What is the purpose of OSHA?

The Occupational Safety and Health Act (OSHA)46requires 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.47The Secretary may inspect work premises, investigate, and issue citations to employers for statutory violations.

Why do members of Congress say they are entitled to Obamacare?

Members of Congress say they’re entitled because Obamacare forced them to give up their on-the-job coverage. Join the club with millions of other Americans. Even before Congress voted to pass Obamacare, the Congressional Budget Office warned that between 7 and 8 million people would lose coverage at work because of the law. McKinsey & Co., management consultants, predicted many more. Congress didn’t rush to protect these private sector employees who would be saddled with paying for exchange plans. Now Congress should get a taste of its own medicine.

What is good for the goose?

Principle 1: What’s good for the goose is good for the gander. In Federalist #57, the chief architect of the U.S. Constitution, James Madison, explained that the new nation would remain free only so long lawmakers had to live by the same laws they imposed on the public.

Which act requires the public to pay the same premiums as the public?

Republicans and Democrats, who can agree on almost nothing else, are conniving to exempt themselves and their staff from Sect. 1312 (d) of the Affordable Care Act that requires them to get their health insurance on the newly created insurance exchanges and pay the same premiums the public will have to pay.

Can Washington lawmakers afford Obamacare?

Sadly, Washington lawmakers don’t agree. They claim that despite their generous salaries (members earn $174,000) they can’t afford Obamacare premiums. What the government deems “affordable” for the rest of us isn’t affordable for them.

What is Title II?

Title II prohibits discrimination or segregation on the basis of race, color, religion or national origin in access to public accommodations, including hearing rooms, lecture halls, retail shops and restaurants — all accommodations the public uses on Capitol Hill.

What is the purpose of the Office of Compliance?

The Office of Compliance, which was created by the CAA, is required by law to alert Congress to workplace-related laws that the legislative branch has not applied to itself.

What is the Equal Protection Clause?

The Equal Protection Clause in the Constitution mandates that all Americans are covered equally by the law — including the Civil Rights Act, legal experts say.

When was the Congressional Accountability Act passed?

In 1996, Congress passed the Congressional Accountability Act, a measure designed to apply a series of workplace laws, including the Civil Rights Act, to Congress, which had previously exempted itself from a laundry list of regulations. The Office of Compliance, which was created by the CAA, is required by law to alert Congress to workplace-related …

When was the Civil Rights Act signed?

Members of Congress look on as then-President Lyndon Johnson signs the Civil Rights Act July 2, 1964, in the East Room of the White House.

Who was the Civil Rights Expert?

Civil rights expert and Colorado College political science professor Robert Loevy says that the Civil Rights Act was largely focused on ending segregation across the country, not on Capitol Hill, where minority aides and members were already working.

Did the Civil Rights Act apply to the legislative branch?

While lawmakers did apply other parts of the Civil Rights Act to the legislative branch when it passed the accountability law, Katz, Marshall & Banks’s research of the legislative records during the Accountability Act debate shows no evidence that lawmakers ever discussed adding in the two civil rights titles.

What is the Freedom of Information Act?

The Freedom of Information Act. Investigatory subpoenas to obtain information for safety and health probes. Protections against retaliation for whistleblowers. Having to post notices of worker rights in offices. Prosecution for retaliating against employees who report safety and health hazards.

What is the Senate’s vote on insider trading?

On Thursday, the Senate voted 96-3 to ensure that the same insider trading laws that apply to citizens also extend to members of Congress. But as the Associated Press points out, elected officials enjoy at least seven legal exemptions that the rest of us do not:

Which act was passed in 1995?

In 1995, the House and Senate passed the Congressional Accountability Act , which did apply many civil rights, labor and workplace safety statutes to the legislative branch. Specifically, members of Congress are exempt from: The Freedom of Information Act.

What is the executive branch’s role in preventing discrimination?

The executive branch has different administrative and judicial enforcement procedures to eliminate discrimination. The EEOC is empowered to enforce Federal sector EEO by “necessary and appropriate” rules, regulations, and orders and “through appropriate remedies, including reinstatement or hiring of employees with or without backpay.” Each Federal department and agency is annually required to prepare a “national and regional equal employment opportunity plan” containing internal grievance procedures, programs for upgrading personnel, and related matters for Commission review and approval. The primary administrative forum for investigation, conciliation, and resolution of Federal employee charges is the agency against whom the charge is brought. Agency action on discrimination charges can be appealed to the EEOC, which is authorized to grant appropriate relief. Private civil action under Title VII is also available following the Commission’s determination.

How many employees are covered by Title VII?

Private employers and labor organizations are covered under Title VII if they have 15 employees or members; they are covered under the ADEA if they have 20 employees or 25 members. State and local governmental employees are covered. The Civil Rights Act of 1991 eliminated the exclusion for personal staffs and “policymaking” advisors of State elected officials.25Such employees of State elected officials may now file a complaint with the EEO Commission (EEOC) which is to “determine whether a violation has occurred” and issue an order providing “appropriate” relief.

What is the federal bribery statute?

The Federal “bribery statute of 18 U.S. Code201 prohibits Federal public officials from corruptly seeking, receiving, or agreeing to receive “bribes,” that is, anything of value in return for being influenced in the performance of an official act. The statute also prohibits the receipt, request, or agreement to personally receive “illegal gratuities,” that is, anything of value “for or because of” official acts done or to be performed. The provisions of the Federal bribery law apply to all “public officials” of the Federal Government, including Members of Congress and legislative branch employees.

What are the conflicts of interest laws?

The laws include the bribery and illegal gratuity provisions law, which prohibits receiving compensation for representing people before the government, the ban on practice of law before certain Federal courts, and the portions of the “revolving door” law applicable to high level government officials.35Elect ed Federal officials, including the President, Vice President, and Members of Congress are generally not covered by the provisions of law which concern acting, in a private capacity, as an agent or attorney for a private party in a governmental matter; by laws requiring disqualification of an official in certain governmental matters; and by laws baring additional private compensation, contribution, or reimbursement for activities within the scope of one’s governmental duties.36

What is Section 203?

Section 203 of 18 U.S. Codeprohibits officers and employees of the Federal Government from receiving or agreeing to receive private compensation for “representational services” that is rendered to private parties and given more importance than service for Federal agencies , departments, or Federal officials. This law applies to Members of Congress and congressional employees, but does not apply to the President, Vice President, or Federal judges.

What is cap on GS-15?

Members of Congress, and those officers and employees of the House and Senate who are compensated at a rate of pay equal to or more than 120 percent of the pay of a GS-15, are now subject to a “cap” on the amount of outside earned income which they may receive in a calendar year.

What are the restrictions on outside income?

Amendments in 1989 of Title V of the Ethics in Government Act added government-wide restrictions on outside earned income, including a complete ban on honoraria, a cap on other outside earned income, and specific restrictions on outside paid professional activities.