,i #aacth ,,congress #ast ,session ,h4 ,r4 #aheh ,,in ,,the ,,house ,,of ,,representatives ,may #g1 #bjac ,ms4 ,norton introduced the following bill2 which was referred to the ,committee on ,house ,administration1 and in addition to the ,committees on the ,judiciary and ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 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 #aiie to provide enhanced enforcement authority for occupational safety and health protections applicable to the legislative branch1 to provide whistleblower protections and other antidiscrimation protections for employees of the legislative branch1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,congress ,leads by ,example ,act of #bjac4 #b4 ,enhanced enforcement of protections of occupational safety and health act applicable to legislative branch 7a7 ,subpoena ,authority for ,office of ,compliance ,section #bae7;c77#a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acda7;c77#a77 is amended-- 7#a7 by striking subsections 7a71 and inserting subsections 7a71 7b712 and 7#b7 by striking #feg7;a71 and inserting #feg7;a71 7b714 7b7 ,recordkeeping ,requirements for ,employing ,offices ,section #bae7;c7 of such ,act 7#b ,u4,s4,c4 #acda7;c77 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#d7 through 7#g72 7#b7 in paragraph 7#f71 as so redesignated1 by striking paragraph 7#c7 or 7#d7 and inserting paragraph 7#d7 or 7#e72 and 7#c7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,recordkeeping requirements ,each employing office shall be subject to the requirements of subsection 7c7 of section #h of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg7;c77 that are applicable to employers under such section1 and the ,general ,counsel shall exercise the authorities granted to the ,secretary of ,labor under such subsection4 4 7c7 ,prohibiting ,retaliation 7#a7 ,in general ,section #bae of such ,act 7#b ,u4,s4,c4 #acda7 is amended-- 7,a7 by redesignating subsections 7d71 7e71 7f71 and 7g7 as subsections 7e71 7f71 7g71 and 7h72 and 7,b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,prohibiting retaliation 7#a7 ,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 section1 or has instituted or caused to be instituted1 or has testified or is about to testify in1 any proceeding that arises from the application of this section to the employing office1 or because of the exercise by such employee on behalf of himself or others of any right provided under this section4 7#b7 ,enforcement 7,a7 ,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 7#a7 may file a charge against the employing office with the ,general ,counsel not later than #ahj days after the occurrence of the alleged violation4 ,the ,general ,counsel shall investigate the charge4 7,b7 ,mediation ,if1 upon investigation under subparagraph 7,a71 the ,general ,counsel believes that a violation of paragraph 7#a7 may have occurred and that mediation may be helpful in resolving the dispute1 the ,general ,counsel may request mediation under subsections 7b7 through 7d7 of section #adjc between the covered employee and the employing office4 7,c7 ,complaint2 hearing2 ,board review ,if mediation under subparagraph 7,b7 has not succeeded in resolving the dispute 7or if the ,general ,counsel does not request mediation under such subparagraph7 and the ,general ,counsel believes that a violation of paragraph 7#a7 may have occurred1 the ,general ,counsel may file with the ,office a complaint against the employing office4 ,the complaint shall be submitted to a hearing officer for decision pursuant to subsections 7b7 through 7h7 of section #adje and any person who has filed a charge under subparagraph 7,a7 may intervene as of right1 with the full rights of a party4 ,the decision of the hearing officer shall be subject to review by the ,board pursuant to section #adjf4 7,d7 ,judicial review ,an individual who is aggrieved by a final decision of the ,board under subparagraph 7,c7 may file a petition for review in the ,united ,states ,court of ,appeals for the ,federal ,circuit1 pursuant to section #adjg4 4 7#b7 ,conforming amendments ,section #bae of such ,act 7#b ,u4,s4,c4 #acda7 is amended-- 7,a7 in subsection 7g71 as redesignated by paragraph 7#a77;,a71 by striking subsection 7e77#a7 and inserting subsection 7f77#a7 and by striking subsection 7e77#b7 and inserting subsection 7f77#b72 and 7,b7 in subsection 7h77#a71 as redesignated by paragraph 7#a77;,a71 by striking 7e77#c7 and inserting 7f77#c74 7d7 ,effective ,date 7#a7 ,in general ,subject to paragraph 7#b71 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 #cjd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achd74 7#b7 ,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 7#a71 the amendments made by this section shall be implemented by the ,board of ,directors of the ,office of ,compliance1 the ,general ,counsel of the ,office of ,compliance1 or a hearing officer or court under the ,congressional ,accountability ,act of #aiie 7as the case may be7 by applying 7to the extent necessary and appropriate7 the most relevant substantive executive agency regulations promulgated to implement the provisions of law that are made applicable to employing offices and covered employees 7as such terms are defined in the ,congressional ,accountability ,act of #aiie7 by such amendments4 #c4 ,application to legislative branch employees of whistleblower protection rules and restrictions on discharge by reason of garnishment and discriminatory treatment by reason of bankruptcy 7a7 ,in ,general ,part ,a of title ,,ii of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa et seq47 is amended-- 7#a7 in the heading1 by striking fair labor standards1 and all that follows and inserting and other protections and benefits2 7#b7 by redesignating section #bjg as section #bji2 and 7#c7 by inserting after section #bjf the following new sections3 #bjg4 ,rights and protections under whistleblower protection rules 7a7 ,rights and ,protections ,described 7#a7 ,in general ,no employing office may take or fail to take1 or threaten to take or fail to take1 a personnel action 7within the meaning of chapter #bc of title #e1 ,united ,states ,code7 with respect to any covered employee or applicant for employment because of-- 7,a7 any disclosure of information by a covered employee or applicant which the employee or applicant reasonably believes evidences-- 7i7 a violation of any law1 rule1 or regulation1 or 7ii7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety1 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 affairs2 or 7,b7 any disclosure to the ,general ,counsel1 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 disclosures1 of information which the employee or applicant reasonably believes evidences-- 7i7 a violation of any law1 rule1 or regulation1 or 7ii7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety4 7#b7 ,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-- 7,a7 the term covered employee includes an employee of the ,government ,accountability ,office or ,library of ,congress2 and 7,b7 the term employing office includes the ,government ,accountability ,office and the ,library of ,congress4 7b7 ,remedy ,the remedy for a violation of subsection 7a7 shall be such remedy as would be appropriate if awarded under chapter #ab of title #e1 ,united ,states ,code1 with respect to a prohibited personnel practice described in section #bcjb7;b77#h7 of such title4 7c7 ,regulations ,to ,implement ,section 7#a7 ,in general ,the ,board shall1 pursuant to section #cjd1 issue regulations to implement this section4 7#b7 ,agency regulations ,the regulations issued under paragraph 7#a7 shall be the same as the substantive regulations promulgated by the ,merit ,systems ,protection ,board to implement chapters #ab and #bc of title #e1 ,united ,states ,code1 except to the extent that the ,board of ,directors of the ,office of ,compliance may determine1 for good cause shown and stated together with the regulation1 that a modification of such regulations would be more effective for the implementation of the rights and protections under this section4 #bjh4 ,restriction on discharge from employment by reason of garnishment or discriminatory treatment by reason of bankruptcy 7a7 ,garnishment 7#a7 ,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 indebtedness4 7#b7 ,remedy ,the remedy for a violation of paragraph 7#a7 shall be such remedy as would be appropriate if awarded under section #cjd7;b7 of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afgd7;b774 7b7 ,bankruptcy 7#a7 ,rights and protections described ,no employing office may deny employment to1 terminate the employment of1 or discriminate with respect to employment against1 a covered employee who is or has been a debtor under title #aa1 ,united ,states ,code1 or a bankrupt or a debtor under the ,bankruptcy ,act1 or another covered employee with whom such bankrupt or debtor has been associated1 solely because such bankrupt or debtor-- 7,a7 is or has been a debtor under such title or a debtor or bankrupt under such ,act2 7,b7 has been insolvent before the commencement of a case under such title or during the case but before the grant or denial of a discharge2 or 7,c7 has not paid a debt that is dischargeable in a case under such title or that was discharged under such ,act4 7#b7 ,remedy ,the remedy for a violation of paragraph 7#a7 would be such remedy as would be appropriate if awarded with respect to a violation of section #ebe7;a7 or 7b7 of title #aa1 ,united ,states ,code4 7c7 ,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-- 7#a7 the term covered employee includes an employee of the ,government ,accountability ,office or the ,library of ,congress2 and 7#b7 the term employing office includes the ,government ,accountability ,office and the ,library of ,congress4 7d7 ,regulations ,to ,implement ,section 7#a7 ,in general ,the ,board shall1 pursuant to section #cjd1 issue regulations to implement this section4 7#b7 ,agency regulations ,the regulations issued under paragraph 7#a7 shall be the same as the substantive regulations promulgated to implement section #cjd of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afgd7 and the substantive regulations promulgated to implement section #ebe of title #aa1 ,united ,states ,code1 except to the extent that the ,board of ,directors of the ,office of ,compliance may determine1 for good cause shown and stated together with the regulation1 that a modification of any such regulation would be more effective for the implementation of the rights and protections under this section4 4 7b7 ,conforming ,amendment to ,bankruptcy ,code ,section #ebe of title #aa1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7d7 7#a7 ,in the case of an alleged violation of subsection 7a7 or 7b7 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 employee1 the procedures for consideration of the alleged violation shall consist of the procedures applicable under title ,,iv of the ,congressional ,accountability ,act of #aiie4 7#b7 ,in this subsection-- 7,a7 the term legislative branch employing office means an employing office described in section #aja7i7 of the ,congressional ,accountability ,act of #aiie1 and includes the ,government ,accountability ,office and the ,library of ,congress2 and 7,b7 the term legislative branch covered employee means a covered employee described in section #aja7c7 of the ,congressional ,accountability ,act of #aiie1 and includes an employee of the ,government ,accountability ,office or the ,library of ,congress4 4 7c7 ,other ,conforming ,amendment ,section #ajb7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acjb7;a77 is amended by adding at the end the following new paragraphs3 7#ab7 ,section #bcjb7;b77#h7 of title #e1 ,united ,states ,code4 7#ac7 ,section #cjd of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afgd74 7#ad7 ,section #ebe of title #aa1 ,united ,states ,code4 4 7d7 ,clerical ,amendment ,the table of contents for part ,a of title ,,ii of the ,congressional ,accountability ,act of #aiie is amended-- 7#a7 in the item relating to part ,a1 by striking ,fair ,labor ,standards1 and all that follows and inserting and ,other ,protections and ,benefits2 7#b7 by redesignating the item relating to section #bjg as relating to section #bji2 and 7#c7 by inserting after the item relating to section #bjf the following3 ,sec4 #bjg4 ,rights and protections under whistleblower protection rules4 ,sec4 #bjh4 ,restriction on discharge from employment by reason of garnishment or discriminatory treatment by reason of bankruptcy4 4 #d4 ,requiring retention of records necessary to administer anti-discrimination laws applicable to covered employees 7a7 ,title ,,vii of the ,civil ,rights ,act2 ,age ,discrimination in ,employment ,act2 ,americans with ,disabilities ,act ,section #bja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,retention of ,records 7#a7 ,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 section1 such provisions of law shall apply to employing offices3 7,a7 ,section #gji7;c7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#h7;c774 7,b7 ,section #g7;a7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbf7;a774 7,c7 ,section #ajg7;a7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaag7;a774 7#b7 ,effective date ,this subsection shall apply with respect to records generated on or after the expiration of the #fj-;day period that begins on the date of the enactment of this subsection4 4 7b7 ,family and ,medical ,leave ,act of #aiic 7#a7 ,in general ,section #bjb7;a77#a7 of such ,act 7#b ,u4,s4,c4 #acab7;a77#a77 is amended by striking sections #aja through #aje and inserting sections #aja through #aje and section #ajf7;b74 7#b7 ,effective date 7,a7 ,in general ,subject to subparagraph 7,b71 the amendment made by paragraph 7#a7 shall take effect upon the adoption of regulations promulgated by the ,board of ,directors of the ,office of ,compliance to implement the amendment4 7,b7 ,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 7,a71 the amendment made by paragraph 7#a7 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 #aiie 7as the case may be7 by applying 7to the extent necessary and appropriate7 the most relevant substantive executive agency regulations promulgated to implement the provision of law that is made applicable to employing offices and covered employees 7as such terms are defined in the ,congressional ,accountability ,act of #aiie7 by such amendment4 7c7 ,fair ,labor ,standards ,act of #aich 7#a7 ,in general ,section #bjc7;a77#a7 of such ,act 7#b ,u4,s4,c4 #acac7;a77#a77 is amended-- 7,a7 by striking and section #ab7;c7 and inserting section #aa7;c71 and section #ab7;c72 and 7,b7 by striking #bab7;c7 and inserting #baa7;c71 #bab7;c74 7#b7 ,effective date 7,a7 ,in general ,subject to subparagraph 7,b71 the amendment made by paragraph 7#a7 shall take effect upon the adoption of regulations promulgated by the ,board of ,directors of the ,office of ,compliance to implement the amendment4 7,b7 ,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 7,a71 the amendment made by paragraph 7#a7 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 #aiie 7as the case may be7 by applying 7to the extent necessary and appropriate7 the most relevant substantive executive agency regulations promulgated to implement the provision of law that is made applicable to employing offices and covered employees 7as such terms are defined in the ,congressional ,accountability ,act of #aiie7 by such amendment4 #e4 ,requiring employing offices to post notice of rights of covered employees and provide training regarding rights and remedies 7a7 ,in ,general ,title ,v of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #adca et seq47 is amended by inserting after section #ejf the following new section3 #ejg4 ,requiring employing offices to post notice of rights of covered employees and provide training regarding rights and remedies 7a7 ,notices of ,rights ,each employing office shall post and keep posted 7in conspicuous places upon its premises where notices to covered employees are customarily posted7 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 ,act4 7b7 ,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 employment4 7c7 ,effective date ,this section shall take effect #fj days after the date of the enactment of this section4 4 7b7 ,clerical ,amendment ,the table of contents of such ,act is amended by amending the item relating to section #ejg to read as follows3 ,sec4 #ejg4 ,requiring employing offices to post notice of rights of covered employees and provide training regarding rights and remedies4 4 #f4 ,coverage of legislative branch employees under rules protecting jurors' employment 7a7 ,in ,general ,section #ahge7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking 7a7 and inserting 7a77#a72 and 7#b7 by adding at the end the following3 7#b7 ,in this section-- 7,a7 the term employer includes an employing office under section #aja7i7 of the ,congressional ,accountability ,act of #aiie1 the ,government ,accountability ,office1 the ,government ,printing ,office1 and the ,library of ,congress2 and 7,b7 the term permanent employee includes any covered employee under section #aja7c7 of the ,congressional ,accountability ,act of #aiie and any employee of the ,government ,accountability ,office1 the ,government ,printing ,office1 and the ,library of ,congress1 without regard to whether the employee's term of service or appointment is permanent4 4 7b7 ,effective ,date ,the amendments made by subsection 7a7 apply with respect to individuals summoned for juror service or serving on juries on or after the date of the enactment of this ,act4