[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3108 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3108

   To amend the Congressional Accountability Act of 1995 to provide 
   enhanced enforcement authority for occupational safety and health 
     protections applicable to the legislative branch, to provide 
 whistleblower protections and other antidiscrimation protections for 
      employees of the legislative branch, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2011

  Ms. Norton introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committees on 
   the Judiciary and Education and the Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To amend the Congressional Accountability Act of 1995 to provide 
   enhanced enforcement authority for occupational safety and health 
     protections applicable to the legislative branch, to provide 
 whistleblower protections and other antidiscrimation protections for 
      employees of the legislative branch, and for other purposes.

    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 ``Congress Leads by Example Act of 
2011''.

SEC. 2. ENHANCED ENFORCEMENT OF PROTECTIONS OF OCCUPATIONAL SAFETY AND 
              HEALTH ACT APPLICABLE TO LEGISLATIVE BRANCH.

    (a) Subpoena Authority for Office of Compliance.--Section 215(c)(1) 
of the Congressional Accountability Act of 1995 (2 U.S.C. 1341(c)(1)) 
is amended--
            (1) by striking ``subsections (a),'' and inserting 
        ``subsections (a), (b),''; and
            (2) by striking ``657(a),'' and inserting ``657(a), (b),''.
    (b) Recordkeeping Requirements for Employing Offices.--Section 
215(c) of such Act (2 U.S.C. 1341(c)) is amended--
            (1) by redesignating paragraphs (3) through (6) as 
        paragraphs (4) through (7);
            (2) in paragraph (6), as so redesignated, by striking 
        ``paragraph (3) or (4)'' and inserting ``paragraph (4) or 
        (5)''; and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Recordkeeping requirements.--Each employing office 
        shall be subject to the requirements of subsection (c) of 
        section 8 of the Occupational Safety and Health Act of 1970 (29 
        U.S.C. 657(c)) that are applicable to employers under such 
        section, and the General Counsel shall exercise the authorities 
        granted to the Secretary of Labor under such subsection.''.
    (c) Prohibiting Retaliation.--
            (1) In general.--Section 215 of such Act (2 U.S.C. 1341) is 
        amended--
                    (A) by redesignating subsections (d), (e), (f), and 
                (g) as subsections (e), (f), (g), and (h); and
                    (B) by inserting after subsection (c) the following 
                new subsection:
    ``(d) Prohibiting Retaliation.--
            ``(1) In general.--An employing office may not discharge or 
        in any manner discriminate against any covered employee because 
        such employee has requested the General Counsel to take any 
        action authorized under this section, or has instituted or 
        caused to be instituted, or has testified or is about to 
        testify in, any proceeding that arises from the application of 
        this section to the employing office, or because of the 
        exercise by such employee on behalf of himself or others of any 
        right provided under this section.
            ``(2) Enforcement.--
                    ``(A) Charge filed with general counsel.--Any 
                covered employee who believes that he has been 
                discharged or otherwise discriminated against by an 
                employing office in violation of paragraph (1) may file 
                a charge against the employing office with the General 
                Counsel not later than 180 days after the occurrence of 
                the alleged violation. The General Counsel shall 
                investigate the charge.
                    ``(B) Mediation.--If, upon investigation under 
                subparagraph (A), the General Counsel believes that a 
                violation of paragraph (1) may have occurred and that 
                mediation may be helpful in resolving the dispute, the 
                General Counsel may request mediation under subsections 
                (b) through (d) of section 1403 between the covered 
                employee and the employing office.
                    ``(C) Complaint; hearing; board review.--If 
                mediation under subparagraph (B) has not succeeded in 
                resolving the dispute (or if the General Counsel does 
                not request mediation under such subparagraph) and the 
                General Counsel believes that a violation of paragraph 
                (1) may have occurred, the General Counsel may file 
                with the Office a complaint against the employing 
                office. The complaint shall be submitted to a hearing 
                officer for decision pursuant to subsections (b) 
                through (h) of section 1405 and any person who has 
                filed a charge under subparagraph (A) may intervene as 
                of right, with the full rights of a party. The decision 
                of the hearing officer shall be subject to review by 
                the Board pursuant to section 1406.
                    ``(D) Judicial review.--An individual who is 
                aggrieved by a final decision of the Board under 
                subparagraph (C) may file a petition for review in the 
                United States Court of Appeals for the Federal Circuit, 
                pursuant to section 1407.''.
            (2) Conforming amendments.--Section 215 of such Act (2 
        U.S.C. 1341) is amended--
                    (A) in subsection (g), as redesignated by paragraph 
                (1)(A), by striking ``subsection (e)(1)'' and inserting 
                ``subsection (f)(1)'' and by striking ``subsection 
                (e)(2)'' and inserting ``subsection (f)(2)''; and
                    (B) in subsection (h)(1), as redesignated by 
                paragraph (1)(A), by striking ``(e)(3)'' and inserting 
                ``(f)(3)''.
    (d) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall take effect upon the adoption of 
        regulations promulgated by the Board of Directors of the Office 
        of Compliance to implement the amendments in accordance with 
        section 304 of the Congressional Accountability Act of 1995 (2 
        U.S.C. 1384).
            (2) Interim applicability.--During the period that begins 
        on the date of the enactment of this Act and ends on the 
        effective date of the regulations referred to in paragraph (1), 
        the amendments made by this section shall be implemented by the 
        Board of Directors of the Office of Compliance, the General 
        Counsel of the Office of Compliance, or a hearing officer or 
        court under the Congressional Accountability Act of 1995 (as 
        the case may be) by applying (to the extent necessary and 
        appropriate) the most relevant substantive executive agency 
        regulations promulgated to implement the provisions of law that 
        are made applicable to employing offices and covered employees 
        (as such terms are defined in the Congressional Accountability 
        Act of 1995) by such amendments.

SEC. 3. APPLICATION TO LEGISLATIVE BRANCH EMPLOYEES OF WHISTLEBLOWER 
              PROTECTION RULES AND RESTRICTIONS ON DISCHARGE BY REASON 
              OF GARNISHMENT AND DISCRIMINATORY TREATMENT BY REASON OF 
              BANKRUPTCY.

    (a) In General.--Part A of title II of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1311 et seq.) is amended--
            (1) in the heading, by striking ``fair labor standards,'' 
        and all that follows and inserting ``and other protections and 
        benefits'';
            (2) by redesignating section 207 as section 209; and
            (3) by inserting after section 206 the following new 
        sections:

``SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLEBLOWER PROTECTION 
              RULES.

    ``(a) Rights and Protections Described.--
            ``(1) In general.--No employing office may take or fail to 
        take, or threaten to take or fail to take, a personnel action 
        (within the meaning of chapter 23 of title 5, United States 
        Code) with respect to any covered employee or applicant for 
        employment because of--
                    ``(A) any disclosure of information by a covered 
                employee or applicant which the employee or applicant 
                reasonably believes evidences--
                            ``(i) a violation of any law, rule, or 
                        regulation, or
                            ``(ii) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety,
                if such disclosure is not specifically prohibited by 
                law and if such information is not specifically 
                required by Executive order or the rules of the House 
                of Representatives or Senate to be kept secret in the 
                interest of national defense or the conduct of foreign 
                affairs; or
                    ``(B) any disclosure to the General Counsel, or to 
                the Inspector General of an executive agency or office 
                of the legislative branch or another employee 
                designated by the head of the agency or office to 
                receive such disclosures, of information which the 
                employee or applicant reasonably believes evidences--
                            ``(i) a violation of any law, rule, or 
                        regulation, or
                            ``(ii) gross mismanagement, a gross waste 
                        of funds, an abuse of authority, or a 
                        substantial and specific danger to public 
                        health or safety.
            ``(2) Definitions.--For purposes of this section and for 
        purposes of applying the procedures established under title IV 
        for the consideration of alleged violations of this section--
                    ``(A) the term `covered employee' includes an 
                employee of the Government Accountability Office or 
                Library of Congress; and
                    ``(B) the term `employing office' includes the 
                Government Accountability Office and the Library of 
                Congress.
    ``(b) Remedy.--The remedy for a violation of subsection (a) shall 
be such remedy as would be appropriate if awarded under chapter 12 of 
title 5, United States Code, with respect to a prohibited personnel 
practice described in section 2302(b)(8) of such title.
    ``(c) Regulations To Implement Section.--
            ``(1) In general.--The Board shall, pursuant to section 
        304, issue regulations to implement this section.
            ``(2) Agency regulations.--The regulations issued under 
        paragraph (1) shall be the same as the substantive regulations 
        promulgated by the Merit Systems Protection Board to implement 
        chapters 12 and 23 of title 5, United States Code, except to 
        the extent that the Board of Directors of the Office of 
        Compliance may determine, for good cause shown and stated 
        together with the regulation, that a modification of such 
        regulations would be more effective for the implementation of 
        the rights and protections under this section.

``SEC. 208. RESTRICTION ON DISCHARGE FROM EMPLOYMENT BY REASON OF 
              GARNISHMENT OR DISCRIMINATORY TREATMENT BY REASON OF 
              BANKRUPTCY.

    ``(a) Garnishment.--
            ``(1) Rights and protections described.--No employing 
        office may discharge any covered employee by reason of the fact 
        that the employee's earnings have been subjected to garnishment 
        for any one indebtedness.
            ``(2) Remedy.--The remedy for a violation of paragraph (1) 
        shall be such remedy as would be appropriate if awarded under 
        section 304(b) of the Consumer Credit Protection Act (15 U.S.C. 
        1674(b)).
    ``(b) Bankruptcy.--
            ``(1) Rights and protections described.--No employing 
        office may deny employment to, terminate the employment of, or 
        discriminate with respect to employment against, a covered 
        employee who is or has been a debtor under title 11, United 
        States Code, or a bankrupt or a debtor under the Bankruptcy 
        Act, or another covered employee with whom such bankrupt or 
        debtor has been associated, solely because such bankrupt or 
        debtor--
                    ``(A) is or has been a debtor under such title or a 
                debtor or bankrupt under such Act;
                    ``(B) has been insolvent before the commencement of 
                a case under such title or during the case but before 
                the grant or denial of a discharge; or
                    ``(C) has not paid a debt that is dischargeable in 
                a case under such title or that was discharged under 
                such Act.
            ``(2) Remedy.--The remedy for a violation of paragraph (1) 
        would be such remedy as would be appropriate if awarded with 
        respect to a violation of section 525(a) or (b) of title 11, 
        United States Code.
    ``(c) Definitions.--For purposes of this section and for purposes 
of applying the procedures established under title IV for the 
consideration of alleged violations of this section--
            ``(1) the term `covered employee' includes an employee of 
        the Government Accountability Office or the Library of 
        Congress; and
            ``(2) the term `employing office' includes the Government 
        Accountability Office and the Library of Congress.
    ``(d) Regulations To Implement Section.--
            ``(1) In general.--The Board shall, pursuant to section 
        304, issue regulations to implement this section.
            ``(2) Agency regulations.--The regulations issued under 
        paragraph (1) shall be the same as the substantive regulations 
        promulgated to implement section 304 of the Consumer Credit 
        Protection Act (15 U.S.C. 1674) and the substantive regulations 
        promulgated to implement section 525 of title 11, United States 
        Code, except to the extent that the Board of Directors of the 
        Office of Compliance may determine, for good cause shown and 
        stated together with the regulation, that a modification of any 
        such regulation would be more effective for the implementation 
        of the rights and protections under this section.''.
    (b) Conforming Amendment to Bankruptcy Code.--Section 525 of title 
11, United States Code, is amended by adding at the end the following 
new subsection:
    ``(d)(1) In the case of an alleged violation of subsection (a) or 
(b) by a governmental unit which is a legislative branch employing 
office with respect to an employee of such office who is a legislative 
branch covered employee, the procedures for consideration of the 
alleged violation shall consist of the procedures applicable under 
title IV of the Congressional Accountability Act of 1995.
    ``(2) In this subsection--
            ``(A) the term `legislative branch employing office' means 
        an employing office described in section 101(9) of the 
        Congressional Accountability Act of 1995, and includes the 
        Government Accountability Office and the Library of Congress; 
        and
            ``(B) the term `legislative branch covered employee' means 
        a covered employee described in section 101(3) of the 
        Congressional Accountability Act of 1995, and includes an 
        employee of the Government Accountability Office or the Library 
        of Congress.''.
    (c) Other Conforming Amendment.--Section 102(a) of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1302(a)) is amended 
by adding at the end the following new paragraphs:
            ``(12) Section 2302(b)(8) of title 5, United States Code.
            ``(13) Section 304 of the Consumer Credit Protection Act 
        (15 U.S.C. 1674).
            ``(14) Section 525 of title 11, United States Code.''.
    (d) Clerical Amendment.--The table of contents for part A of title 
II of the Congressional Accountability Act of 1995 is amended--
            (1) in the item relating to part A, by striking ``FAIR 
        LABOR STANDARDS,'' and all that follows and inserting ``AND 
        OTHER PROTECTIONS AND BENEFITS'';
            (2) by redesignating the item relating to section 207 as 
        relating to section 209; and
            (3) by inserting after the item relating to section 206 the 
        following:

``Sec. 207. Rights and protections under whistleblower protection 
                            rules.
``Sec. 208. Restriction on discharge from employment by reason of 
                            garnishment or discriminatory treatment by 
                            reason of bankruptcy.''.

SEC. 4. REQUIRING RETENTION OF RECORDS NECESSARY TO ADMINISTER ANTI-
              DISCRIMINATION LAWS APPLICABLE TO COVERED EMPLOYEES.

    (a) Title VII of the Civil Rights Act; Age Discrimination in 
Employment Act; Americans With Disabilities Act.--Section 201 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1311) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Retention of Records.--
            ``(1) Requiring employing offices to retain records 
        necessary to administer rights and protections.--To the extent 
        that the following provisions of law require the keeping of 
        records necessary or appropriate for the administration of this 
        section, such provisions of law shall apply to employing 
        offices:
                    ``(A) Section 709(c) of the Civil Rights Act of 
                1964 (42 U.S.C. 2000e-8(c)).
                    ``(B) Section 7(a) of the Age Discrimination in 
                Employment Act of 1967 (29 U.S.C. 626(a)).
                    ``(C) Section 107(a) of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12117(a)).
            ``(2) Effective date.--This subsection shall apply with 
        respect to records generated on or after the expiration of the 
        60-day period that begins on the date of the enactment of this 
        subsection.''.
    (b) Family and Medical Leave Act of 1993.--
            (1) In general.--Section 202(a)(1) of such Act (2 U.S.C. 
        1312(a)(1)) is amended by striking ``sections 101 through 105'' 
        and inserting ``sections 101 through 105 and section 106(b)''.
            (2) Effective date.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendment made by paragraph (1) shall take effect upon 
                the adoption of regulations promulgated by the Board of 
                Directors of the Office of Compliance to implement the 
                amendment.
                    (B) Interim applicability.--During the period that 
                begins on the date of the enactment of this Act and 
                ends on the effective date of the regulations referred 
                to in subparagraph (A), the amendment made by paragraph 
                (1) shall be implemented by the Board of Directors of 
                the Office of Compliance or a hearing officer or court 
                under the Congressional Accountability Act of 1995 (as 
                the case may be) by applying (to the extent necessary 
                and appropriate) the most relevant substantive 
                executive agency regulations promulgated to implement 
                the provision of law that is made applicable to 
                employing offices and covered employees (as such terms 
                are defined in the Congressional Accountability Act of 
                1995) by such amendment.
    (c) Fair Labor Standards Act of 1938.--
            (1) In general.--Section 203(a)(1) of such Act (2 U.S.C. 
        1313(a)(1)) is amended--
                    (A) by striking ``and section 12(c)'' and inserting 
                ``section 11(c), and section 12(c)''; and
                    (B) by striking ``212(c)'' and inserting ``211(c), 
                212(c)''.
            (2) Effective date.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendment made by paragraph (1) shall take effect upon 
                the adoption of regulations promulgated by the Board of 
                Directors of the Office of Compliance to implement the 
                amendment.
                    (B) Interim applicability.--During the period that 
                begins on the date of the enactment of this Act and 
                ends on the effective date of the regulations referred 
                to in subparagraph (A), the amendment made by paragraph 
                (1) shall be implemented by the Board of Directors of 
                the Office of Compliance or a hearing officer or court 
                under the Congressional Accountability Act of 1995 (as 
                the case may be) by applying (to the extent necessary 
                and appropriate) the most relevant substantive 
                executive agency regulations promulgated to implement 
                the provision of law that is made applicable to 
                employing offices and covered employees (as such terms 
                are defined in the Congressional Accountability Act of 
                1995) by such amendment.

SEC. 5. REQUIRING EMPLOYING OFFICES TO POST NOTICE OF RIGHTS OF COVERED 
              EMPLOYEES AND PROVIDE TRAINING REGARDING RIGHTS AND 
              REMEDIES.

    (a) In General.--Title V of the Congressional Accountability Act of 
1995 (2 U.S.C. 1431 et seq.) is amended by inserting after section 506 
the following new section:

``SEC. 507. REQUIRING EMPLOYING OFFICES TO POST NOTICE OF RIGHTS OF 
              COVERED EMPLOYEES AND PROVIDE TRAINING REGARDING RIGHTS 
              AND REMEDIES.

    ``(a) Notices of Rights.--Each employing office shall post and keep 
posted (in conspicuous places upon its premises where notices to 
covered employees are customarily posted) notices provided by the Board 
that describe the rights and protections applicable to covered 
employees of the office under this Act or any other Federal law made 
applicable to covered employees pursuant to this Act.
    ``(b) Training.--Each employing office shall provide to the covered 
employees of such office training regarding the rights and protections 
and remedies applicable to such employees under this Act or any other 
Federal law relating to the terms and conditions of employment.
    ``(c) Effective Date.--This section shall take effect 60 days after 
the date of the enactment of this section.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by amending the item relating to section 507 to read as 
follows:

``Sec. 507. Requiring employing offices to post notice of rights of 
                            covered employees and provide training 
                            regarding rights and remedies.''.

SEC. 6. COVERAGE OF LEGISLATIVE BRANCH EMPLOYEES UNDER RULES PROTECTING 
              JURORS' EMPLOYMENT.

    (a) In General.--Section 1875(a) of title 28, United States Code, 
is amended--
            (1) by striking ``(a)'' and inserting ``(a)(1)''; and
            (2) by adding at the end the following:
    ``(2) In this section--
            ``(A) the term `employer' includes an employing office 
        under section 101(9) of the Congressional Accountability Act of 
        1995, the Government Accountability Office, the Government 
        Printing Office, and the Library of Congress; and
            ``(B) the term `permanent employee' includes any covered 
        employee under section 101(3) of the Congressional 
        Accountability Act of 1995 and any employee of the Government 
        Accountability Office, the Government Printing Office, and the 
        Library of Congress, without regard to whether the employee's 
        term of service or appointment is permanent.''.
    (b) Effective Date.--The amendments made by subsection (a) apply 
with respect to individuals summoned for juror service or serving on 
juries on or after the date of the enactment of this Act.
                                 <all>