(120 Cong. Rec. (House) Part 28, at 36,939 (Nov. 19, 1974))
Mr. HEINZ. Mr. Chairman, I rise to offer an amendment jointly with Mr. SYMINGTON.
The Safe
Drinking Water Act would assure that our Nation's drinking water supply is clean and potable.
However, I believe that this worthy legislation would not alleviate a potential problem--the
problem of
discrimination against the employee who attempts to correct a violation he or she sees occurring.
I
have discussed this amendment with the distinguished chairman of the subcommittee, Mr.
ROGERS,
and he has indicated his support for the amendments.
What this amendment would accomplish is nothing new. The Congress has already enacted
similar provisions in the 1972 Water Pollution Control Act Amendments and in the Occupational
Safety
and Health Act of 1970. The amendment we are now offering is a refined version of the
employee
protection language in those existing statutes. Although the language in the amendment differs
in
some areas from the existing provisions in order to add clarity and to tailor it to the needs of this
bill,
the thrust of the amendment is the same.
The amendment provides that employees who institute proceedings under this act, testify in
proceedings under this act, or participate in other actions to see that the purpose of the act is
carried
out, cannot be fired, or otherwise discriminated against for their actions.
The aggrieved employee, under this section, files a complaint with the Secretary of Labor
within 30
days of the alleged violation. The Secretary of Labor then conducts an investigation and issues
an
order within 90 days. During this time, both the employee and the employer are given the
opportunity
to request a public hearing on the case. As a matter of fact, 30 days after the filing of the
complaint,
the Secretary is required to inform both parties of the results of his initial investigation. This will
give
the two parties a good chance to decide whether or not a public hearing is needed to fully
illuminate
their case.
If the Secretary determines that the employee's lights have been violated, an order is then
issued
to require the rehiring of the employee, with back pay, or whatever relief is necessary to make
the
employee whole in relation to his or her former status.
Both the employee and the employer, of course, have the right to appeal the Secretary's order
in
the appellate courts within 60 days.
I do not believe it is the intent of Congress to see employees fired or discriminated against
when
they perform their civic duties and report violations of this act. This amendment, which is very
similar
to provisions already enacted in two other statutes, would prevent such discrimination.
Therefore, I
urge adoption of the amendment.
Mr. SYMINGTON. Mr. Chairman, will the gentleman yield?
Mr. HEINZ. I yield to the gentleman from Missouri.
