[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3458 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3458

 To amend the Occupational Safety and Health Act of 1970 to apply its 
  provisions to the House of Representatives and instrumentalities of 
                               Congress.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 1993

Mr. Fawell introduced the following bill; which was referred jointly to 
     the Committees on Education and Labor and House Administration

_______________________________________________________________________

                                 A BILL


 
 To amend the Occupational Safety and Health Act of 1970 to apply its 
  provisions to the House of Representatives and instrumentalities of 
                               Congress.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Safety and Health Act 
of 1993''.

SEC. 2. COVERAGE OF THE HOUSE OF REPRESENTATIVES.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 668) is 
amended by redesignating sections 20 through 34 as sections 21 through 
35, respectively, and by adding after section 19 the following:

               ``coverage of the house of representatives

    ``Sec. 20. (a) Each employing authority and instrumentality of 
Congress shall comply with section 5, with the occupational safety and 
health standards issued under section 6, and with the requirements and 
regulations issued under section 8.
    ``(b) The Secretary shall conduct random inspections of places of 
employment under the jurisdiction or control of employing authorities 
and the instrumentalities of Congress. Such inspections shall be 
conducted at least once during each Congress. The Secretary shall also 
respond to any request that meets the conditions of section 8(f). Such 
inspections shall identify each condition which the Secretary believes 
is a violation of a requirement under section 5, of an occupational 
safety and health standard issued under section 6, or of a regulation 
issued under section 8. Upon completion of such inspection, the 
Secretary shall report all such conditions to the Director of Non-
Legislative and Financial Services of the House of Representatives.
    ``(c) The Director of Non-Legislative and Financial Services of the 
House of Representatives, shall, as soon after the receipt of a report 
under subsection (b) as is practicable, appoint a special counsel to 
seek abatement of any conditions identified in such report as not in 
compliance with the requirements of section 5, 6, or 8 and to assess 
appropriate penalties against the employing authority or 
instrumentality of Congress for noncompliance with such requirements. 
Section 17 shall apply in any enforcement procedures brought under this 
subsection.
    ``(d) Any employing authority or instrumentality of Congress which 
is assessed a penalty under subsection (c) may appeal the assessment to 
the Office of Fair Employment Practices which shall afford an 
opportunity for a hearing and shall thereafter issue a decision based 
on findings of fact which affirms, modifies, or vacates the actions of 
the special counsel appointed under subsection (c). Any person 
adversely affected or aggrieved by the decision of the Office of Fair 
Employment Practices may obtain review of such decision by the United 
States Court of Appeals for the circuit in which such violation is 
alleged to have occurred or by the Court of Appeals for the District of 
Columbia Circuit under the standards and conditions for review of 
orders by the Commission in section 11.
    ``(e)(1) No person shall discharge or in any manner discriminate 
against any employee because such employee has filed any complaint or 
instituted or caused to be instituted under or related to this section 
or has testified or is about to testify in any such proceeding or 
because of the exercise by such employee on behalf of such employee or 
others of any right afforded by this section.
    ``(2) Any employee who believes that such employee has been 
discharged or otherwise discriminated against by any such person in 
violation of paragraph (1) may, within 30 days after such violation 
occurs, file a complaint with the Director of Non-Legislative and 
Financial Services. Upon receipt of such complaint the Director shall 
cause such investigation to be made as the Director deems appropriate. 
If upon such investigation, the Director determines that paragraph (1) 
has been violated, the Director shall bring an action in any 
appropriate United States district court against such person. In any 
such action the United States district courts shall have jurisdiction 
for cause shown to restrain violations of paragraph (1) and order all 
appropriate relief, including rehiring or reinstatement of the employee 
to the employee's former position with back pay.
    ``(3) Within 90 days of the receipt of a complaint filed under 
paragraph (2), the Director, shall notify the complainant of the 
Director's determination under paragraph (2).
    ``(f) For purposes of this section--
            ``(1) the term `employing authority' has the meaning given 
        such term in the Fair Employment Practices Resolution (House 
        Resolution 558 of the One Hundredth Congress, as adopted 
        October 4, 1988, and incorporated into rule LI of the Rules of 
        the House of Representatives of the One Hundred and Second 
        Congress); and
            ``(2) the term `instrumentalities of the Congress' includes 
        the Architect of the Capitol, the Library of Congress, the 
        Congressional Budget Office, the General Accounting Office, the 
        Government Printing Office, the Office of Technology 
        Assessment, and the United States Botanic Garden.''.

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