[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8743 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8743

   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 antidiscrimination protections for 
      employees of the legislative branch, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 23, 2022

  Ms. Norton introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committees on 
Education and Labor, and the Judiciary, 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 antidiscrimination 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 
2022''.

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

    (a) Subpoena Authority for Office of Congressional Workplace 
Rights.--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.--Section 208(a) of such Act (2 U.S.C. 
1317(a)) is amended--
            (1) by striking ``It shall be'' and inserting ``(1) It 
        shall be''; and
            (2) by adding at the end the following new paragraph:
    ``(2) It shall be a violation of this subsection for an employing 
office to discharge or in any manner discriminate against any covered 
employee because such employee has requested the General Counsel to 
take any action authorized under section 215 (relating to occupational 
safety and health protections), 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 section 215 to the employing 
office, or because of the exercise by such employee on behalf of 
himself or others of any right provided under section 215.''.
    (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 Congressional Workplace Rights 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 Congressional Workplace 
        Rights, the General Counsel of the Office of Congressional 
        Workplace Rights, 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 208 as section 209A; and
            (3) by inserting after section 207 the following new 
        sections:

``SEC. 208. 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 
        Congressional Workplace Rights 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. 209. 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 Congressional Workplace Rights 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) Conforming Amendment to List of Laws Made Applicable.--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:
            ``(13) Section 2302(b)(8) of title 5, United States Code.
            ``(14) Section 304 of the Consumer Credit Protection Act 
        (15 U.S.C. 1674).
            ``(15) Section 525 of title 11, United States Code.''.
    (d) Other Conforming Amendments.--The Congressional Accountability 
Act of 1995 is amended by striking ``section 207'' and inserting 
``section 209A'' each place it occurs in the following:
            (1) Section 226(b)(2) (2 U.S.C. 1362(b)(2)).
            (2) Section 402(b)(2)(B)(ii) (2 U.S.C. 1402(b)(2)(B)(ii)).
            (3) Section 415(d)(1)(C) (2 U.S.C. 1415(d)(1)(C)).
            (4) Section 417(a)(3) (2 U.S.C. 1417(a)(3).
    (e) 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 208 as 
        relating to section 209A; and
            (3) by inserting after the item relating to section 207 the 
        following:

``Sec. 208. Rights and protections under whistleblower protection 
                            rules.
``Sec. 209. 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 subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) 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 Congressional Workplace 
                Rights 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 Congressional Workplace Rights 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 Congressional Workplace 
                Rights 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 Congressional Workplace Rights 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. 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 
        Publishing 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 Publishing 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.

SEC. 6. PROVIDING BOARD OF OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS 
              WITH AUTHORITY TO SEEK TEMPORARY RELIEF IN CASES OF 
              UNFAIR LABOR PRACTICES.

    (a) Authority.--Section 220(c)(1) of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1351(c)(1)) is amended by striking 
``and 7122'' and inserting ``7122, and 7123(d)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to petitions or other submissions described in 
section 220(c) of such Act which are submitted on or after the date of 
the enactment of this Act.

SEC. 7. MAKING HEARINGS AND DELIBERATIONS IN CASES RELATING TO PUBLIC 
              SERVICES AND ACCOMMODATIONS UNDER AMERICANS WITH 
              DISABILITIES ACT AND CASES RELATING TO LABOR-MANAGEMENT 
              RELATIONS OPEN TO PUBLIC.

    (a) In General.--Section 416(b) of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1416(b)) is amended by amending the second 
sentence to read as follows: ``This subsection shall not apply to 
proceedings under section 210, section 215, or section 220, but shall 
apply to the deliberations of hearing officers and the Board under each 
such section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to hearings and deliberations occurring on or after 
the date of the enactment of this Act.

SEC. 8. MANDATORY MEDIATION OF CLAIMS AT REQUEST OF COVERED EMPLOYEE.

    (a) Mandatory Mediation.--Section 403(a)(2) of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1403(a)(2)) is amended--
            (1) in subparagraph (A), by striking the second sentence; 
        and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Conduct of mediation.--The Office shall 
                promptly assign a mediator to the claim, and conduct 
                mediation under this section, if--
                            ``(i) the employing office files a request 
                        for mediation and the covered employee agrees 
                        to the request; or
                            ``(ii) the covered employee files a request 
                        for mediation.''.
    (b) Conforming Amendment Relating to Commencement of Mediation 
Period.--Section 403(c) of such Act (2 U.S.C. 1403(c)) is amended by 
striking ``beginning on the first day after the second party agrees to 
the request for the mediation'' and inserting the following: 
``beginning on the first day after the covered employee files the 
request for the mediation or, if the employing office files the request 
for the mediation, beginning on the first day after the covered 
employee agrees to the request''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to claims filed under title IV of the Congressional 
Accountability Act of 1995 on or after the date of the enactment of 
this Act.
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