[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9420 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9420
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 27, 2024
Ms. Norton introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committees on
Education and the Workforce, 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
2024''.
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, RESTRICTIONS ON DISCHARGE BY REASON OF
GARNISHMENT, DISCRIMINATORY TREATMENT BY REASON OF
BANKRUPTCY, AND AVAILABILITY OF PARENTAL BEREAVEMENT
LEAVE.
(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 209B; 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.
``SEC. 209A. PARENTAL BEREAVEMENT LEAVE.
``(a) Availability of Leave.--The rights and protections
established by section 6329d of title 5, United States Code, shall
apply to covered employees.
``(b) Application to Government Accountability Office and Library
of Congress.--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.
``(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 to implement section 6329d 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 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.
``(16) Section 6329d of title 5, United States Code.''.
(d) Other Conforming Amendments.--The Congressional Accountability
Act of 1995 is amended by striking ``section 207'' and inserting
``section 209B'' 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 209B; 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. 209A. Parental bereavement leave.''.
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 404(a)(2) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1404(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 404(c) of such Act (2 U.S.C. 1404(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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