I 

116TH CONGRESS 

2D SESSION H. R. 8151 

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 

SEPTEMBER 1, 2020 

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 Labor, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Congress Leads by 

3 Example Act of 2020’’. 

4 SEC. 2. ENHANCED ENFORCEMENT OF PROTECTIONS OF 

5 OCCUPATIONAL SAFETY AND HEALTH ACT 

6 APPLICABLE TO LEGISLATIVE BRANCH. 

7 (a) SUBPOENA AUTHORITY FOR OFFICE OF CON8 GRESSIONAL WORKPLACE RIGHTS.—Section 215(c)(1) of 

9 the Congressional Accountability Act of 1995 (2 U.S.C. 

10 1341(c)(1)) is amended— 

11 (1) by striking ‘‘subsections (a),’’ and inserting 

12 ‘‘subsections (a), (b),’’; and 

13 (2) by striking ‘‘657(a),’’ and inserting 

14 ‘‘657(a), (b),’’. 

15 (b) RECORDKEEPING REQUIREMENTS FOR EMPLOY16 ING OFFICES.—Section 215(c) of such Act (2 U.S.C. 

17 1341(c)) is amended— 

18 (1) by redesignating paragraphs (3) through 

19 (6) as paragraphs (4) through (7); 

20 (2) in paragraph (6), as so redesignated, by 

21 striking ‘‘paragraph (3) or (4)’’ and inserting ‘‘para22 graph (4) or (5)’’; and 

23 (3) by inserting after paragraph (2) the fol24 lowing new paragraph: 

25 ‘‘(3) RECORDKEEPING REQUIREMENTS.—Each 

26 employing office shall be subject to the requirements 


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1 of subsection (c) of section 8 of the Occupational 

2 Safety and Health Act of 1970 (29 U.S.C. 657(c)) 

3 that are applicable to employers under such section, 

4 and the General Counsel shall exercise the authori5 ties granted to the Secretary of Labor under such 

6 subsection.’’. 

7 (c) PROHIBITING RETALIATION.—Section 208(a) of 

8 such Act (2 U.S.C. 1317(a)) is amended— 

9 (1) by striking ‘‘It shall be’’ and inserting ‘‘(1) 

10 It shall be’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) It shall be a violation of this subsection for an 

14 employing office to discharge or in any manner discrimi15 nate against any covered employee because such employee 

16 has requested the General Counsel to take any action au17 thorized under section 215 (relating to occupational safety 

18 and health protections), or has instituted or caused to be 

19 instituted, or has testified or is about to testify in, any 

20 proceeding that arises from the application of section 215 

21 to the employing office, or because of the exercise by such 

22 employee on behalf of himself or others of any right pro23 vided under section 215.’’. 

24 (d) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the amendments made by this section shall take ef3 fect upon the adoption of regulations promulgated 

4 by the Board of Directors of the Office of Congres5 sional Workplace Rights to implement the amend6 ments in accordance with section 304 of the Con7 gressional Accountability Act of 1995 (2 U.S.C. 

8 1384). 

9 (2) INTERIM APPLICABILITY.—During the pe10 riod that begins on the date of the enactment of this 

11 Act and ends on the effective date of the regulations 

12 referred to in paragraph (1), the amendments made 

13 by this section shall be implemented by the Board 

14 of Directors of the Office of Congressional Work15 place Rights, the General Counsel of the Office of 

16 Congressional Workplace Rights, or a hearing officer 

17 or court under the Congressional Accountability Act 

18 of 1995 (as the case may be) by applying (to the ex19 tent necessary and appropriate) the most relevant 

20 substantive executive agency regulations promul21 gated to implement the provisions of law that are 

22 made applicable to employing offices and covered 

23 employees (as such terms are defined in the Con24 gressional Accountability Act of 1995) by such 

25 amendments. 


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1 SEC. 3. APPLICATION TO LEGISLATIVE BRANCH EMPLOY2 EES OF WHISTLEBLOWER PROTECTION 

3 RULES AND RESTRICTIONS ON DISCHARGE 

4 BY REASON OF GARNISHMENT AND DIS5 CRIMINATORY TREATMENT BY REASON OF 

6 BANKRUPTCY. 

7 (a) IN GENERAL.—Part A of title II of the Congres8 sional Accountability Act of 1995 (2 U.S.C. 1311 et seq.), 

9 as amended by section 1122(d)(1) of the Fair Chance to 

10 Compete for Jobs Act of 2019 (Public Law 116–92; 133 

11 Stat. 1608), is amended— 

12 (1) in the heading, by striking ‘‘FAIR LABOR

13 STANDARDS,’’ and all that follows and inserting 

14 ‘‘AND OTHER PROTECTIONS AND BENEFITS’’; 

15 (2) by redesignating section 208 as section 

16 209A; and 

17 (3) by inserting after section 207 the following 

18 new sections: 

19 ‘‘SEC. 208. RIGHTS AND PROTECTIONS UNDER WHISTLE20 BLOWER PROTECTION RULES. 

21 ‘‘(a) RIGHTS AND PROTECTIONS DESCRIBED.— 

22 ‘‘(1) IN GENERAL.—No employing office may 

23 take or fail to take, or threaten to take or fail to 

24 take, a personnel action (within the meaning of 

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1 spect to any covered employee or applicant for em2 ployment because of— 

3 ‘‘(A) any disclosure of information by a 

4 covered employee or applicant which the em5 ployee or applicant reasonably believes evi6 dences— 

7 ‘‘(i) a violation of any law, rule, or 

8 regulation, or 

9 ‘‘(ii) gross mismanagement, a gross 

10 waste of funds, an abuse of authority, or 

11 a substantial and specific danger to public 

12 health or safety, 

13 if such disclosure is not specifically prohibited 

14 by law and if such information is not specifi15 cally required by Executive order or the rules of 

16 the House of Representatives or Senate to be 

17 kept secret in the interest of national defense or 

18 the conduct of foreign affairs; or 

19 ‘‘(B) any disclosure to the General Coun20 sel, or to the Inspector General of an executive 

21 agency or office of the legislative branch or an22 other employee designated by the head of the 

23 agency or office to receive such disclosures, of 

24 information which the employee or applicant 

25 reasonably believes evidences— 


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1 ‘‘(i) a violation of any law, rule, or 

2 regulation, or 

3 ‘‘(ii) gross mismanagement, a gross 

4 waste of funds, an abuse of authority, or 

5 a substantial and specific danger to public 

6 health or safety. 

7 ‘‘(2) DEFINITIONS.—For purposes of this sec8 tion and for purposes of applying the procedures es9 tablished under title IV for the consideration of al10 leged violations of this section— 

11 ‘‘(A) the term ‘covered employee’ includes 

12 an employee of the Government Accountability 

13 Office or Library of Congress; and 

14 ‘‘(B) the term ‘employing office’ includes 

15 the Government Accountability Office and the 

16 Library of Congress. 

17 ‘‘(b) REMEDY.—The remedy for a violation of sub18 section (a) shall be such remedy as would be appropriate 

19 if awarded under chapter 12 of title 5, United States 

20 Code, with respect to a prohibited personnel practice de21 scribed in section 2302(b)(8) of such title. 

22 ‘‘(c) REGULATIONS TO IMPLEMENT SECTION.— 

23 ‘‘(1) IN GENERAL.—The Board shall, pursuant 

24 to section 304, issue regulations to implement this 

25 section. 


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1 ‘‘(2) AGENCY REGULATIONS.—The regulations 

2 issued under paragraph (1) shall be the same as the 

3 substantive regulations promulgated by the Merit 

4 Systems Protection Board to implement chapters 12 

5 and 23 of title 5, United States Code, except to the 

6 extent that the Board of Directors of the Office of 

7 Congressional Workplace Rights may determine, for 

8 good cause shown and stated together with the regu9 lation, that a modification of such regulations would 

10 be more effective for the implementation of the 

11 rights and protections under this section. 

12 ‘‘SEC. 209. RESTRICTION ON DISCHARGE FROM EMPLOY13 MENT BY REASON OF GARNISHMENT OR DIS14 CRIMINATORY TREATMENT BY REASON OF 

15 BANKRUPTCY. 

16 ‘‘(a) GARNISHMENT.— 

17 ‘‘(1) RIGHTS AND PROTECTIONS DESCRIBED.— 

18 No employing office may discharge any covered em19 ployee by reason of the fact that the employee’s 

20 earnings have been subjected to garnishment for any 

21 one indebtedness. 

22 ‘‘(2) REMEDY.—The remedy for a violation of 

23 paragraph (1) shall be such remedy as would be ap24 propriate if awarded under section 304(b) of the 


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1 Consumer Credit Protection Act (15 U.S.C. 

2 1674(b)). 

3 ‘‘(b) BANKRUPTCY.— 

4 ‘‘(1) RIGHTS AND PROTECTIONS DESCRIBED.— 

5 No employing office may deny employment to, termi6 nate the employment of, or discriminate with respect 

7 to employment against, a covered employee who is or 

8 has been a debtor under title 11, United States 

9 Code, or a bankrupt or a debtor under the Bank10 ruptcy Act, or another covered employee with whom 

11 such bankrupt or debtor has been associated, solely 

12 because such bankrupt or debtor— 

13 ‘‘(A) is or has been a debtor under such 

14 title or a debtor or bankrupt under such Act; 

15 ‘‘(B) has been insolvent before the com16 mencement of a case under such title or during 

17 the case but before the grant or denial of a dis18 charge; or 

19 ‘‘(C) has not paid a debt that is discharge20 able in a case under such title or that was dis21 charged under such Act. 

22 ‘‘(2) REMEDY.—The remedy for a violation of 

23 paragraph (1) would be such remedy as would be 

24 appropriate if awarded with respect to a violation of 

25 section 525(a) or (b) of title 11, United States Code. 


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1 ‘‘(c) DEFINITIONS.—For purposes of this section and 

2 for purposes of applying the procedures established under 

3 title IV for the consideration of alleged violations of this 

4 section— 

5 ‘‘(1) the term ‘covered employee’ includes an 

6 employee of the Government Accountability Office or 

7 the Library of Congress; and 

8 ‘‘(2) the term ‘employing office’ includes the 

9 Government Accountability Office and the Library of 

10 Congress. 

11 ‘‘(d) REGULATIONS TO IMPLEMENT SECTION.— 

12 ‘‘(1) IN GENERAL.—The Board shall, pursuant 

13 to section 304, issue regulations to implement this 

14 section. 

15 ‘‘(2) AGENCY REGULATIONS.—The regulations 

16 issued under paragraph (1) shall be the same as the 

17 substantive regulations promulgated to implement 

18 section 304 of the Consumer Credit Protection Act 

19 (15 U.S.C. 1674) and the substantive regulations 

20 promulgated to implement section 525 of title 11, 

21 United States Code, except to the extent that the 

22 Board of Directors of the Office of Congressional 

23 Workplace Rights may determine, for good cause 

24 shown and stated together with the regulation, that 

25 a modification of any such regulation would be more 


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1 effective for the implementation of the rights and 

2 protections under this section.’’. 

3 (b) CONFORMING AMENDMENT TO BANKRUPTCY

4 CODE.—Section 525 of title 11, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(d)(1) In the case of an alleged violation of sub8 section (a) or (b) by a governmental unit which is a legis9 lative branch employing office with respect to an employee 

10 of such office who is a legislative branch covered employee, 

11 the procedures for consideration of the alleged violation 

12 shall consist of the procedures applicable under title IV 

13 of the Congressional Accountability Act of 1995. 

14 ‘‘(2) In this subsection— 

15 ‘‘(A) the term ‘legislative branch employing of16 fice’ means an employing office described in section 

17 101(9) of the Congressional Accountability Act of 

18 1995, and includes the Government Accountability 

19 Office and the Library of Congress; and 

20 ‘‘(B) the term ‘legislative branch covered em21 ployee’ means a covered employee described in sec22 tion 101(3) of the Congressional Accountability Act 

23 of 1995, and includes an employee of the Govern24 ment Accountability Office or the Library of Con25 gress.’’. 


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1 (c) OTHER CONFORMING AMENDMENT.—Section 

2 102(a) of the Congressional Accountability Act of 1995 

3 (2 U.S.C. 1302(a)), as amended by section 1122(d)(1) of 

4 the Fair Chance to Compete for Jobs Act of 2019 (Public 

5 Law 116–92; 133 Stat. 1608), is amended by adding at 

6 the end the following new paragraphs: 

7 ‘‘(13) Section 2302(b)(8) of title 5, United 

8 States Code. 

9 ‘‘(14) Section 304 of the Consumer Credit Pro10 tection Act (15 U.S.C. 1674). 

11 ‘‘(15) Section 525 of title 11, United States 

12 Code.’’. 

13 (d) CLERICAL AMENDMENT.—The table of contents 

14 for part A of title II of the Congressional Accountability 

15 Act of 1995, as amended by section 1122(d)(1) of the Fair 

16 Chance to Compete for Jobs Act of 2019 (Public Law 

17 116–92; 133 Stat. 1608), is amended— 

18 (1) in the item relating to part A, by striking 

19 ‘‘FAIR LABOR STANDARDS,’’ and all that 

20 follows and inserting ‘‘AND OTHER PROTEC21 TIONS AND BENEFITS’’; 

22 (2) by redesignating the item relating to section 

23 208 as relating to section 209A; and 

24 (3) by inserting after the item relating to sec25 tion 207 the following: 

‘‘Sec. 208. Rights and protections under whistleblower protection rules 


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‘‘Sec. 209. Restriction on discharge from employment by reason of garnishment 

or discriminatory treatment by reason of bankruptcy’’. 

1 SEC. 4. REQUIRING RETENTION OF RECORDS NECESSARY 

2 TO ADMINISTER ANTI-DISCRIMINATION LAWS 

3 APPLICABLE TO COVERED EMPLOYEES. 

4 (a) TITLE VII OF THE CIVIL RIGHTS ACT; AGE DIS5 CRIMINATION IN EMPLOYMENT ACT; AMERICANS WITH

6 DISABILITIES ACT.—Section 201 of the Congressional Ac7 countability Act of 1995 (2 U.S.C. 1311) is amended— 

8 (1) by redesignating subsection (e) as sub9 section (f); and 

10 (2) by inserting after subsection (d) the fol11 lowing new subsection: 

12 ‘‘(e) RETENTION OF RECORDS.— 

13 ‘‘(1) REQUIRING EMPLOYING OFFICES TO RE14 TAIN RECORDS NECESSARY TO ADMINISTER RIGHTS

15 AND PROTECTIONS.—To the extent that the fol16 lowing provisions of law require the keeping of 

17 records necessary or appropriate for the administra18 tion of this section, such provisions of law shall 

19 apply to employing offices: 

20 ‘‘(A) Section 709(c) of the Civil Rights Act 

21 of 1964 (42 U.S.C. 2000e–8(c)). 

22 ‘‘(B) Section 7(a) of the Age Discrimina23 tion in Employment Act of 1967 (29 U.S.C. 

24 626(a)). 


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1 ‘‘(C) Section 107(a) of the Americans with 

2 Disabilities Act of 1990 (42 U.S.C. 12117(a)). 

3 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

4 apply with respect to records generated on or after 

5 the expiration of the 60-day period that begins on 

6 the date of the enactment of this subsection.’’. 

7 (b) FAMILY AND MEDICAL LEAVE ACT OF 1993.— 

8 (1) IN GENERAL.—Section 202(a)(1) of such 

9 Act (2 U.S.C. 1312(a)(1)) is amended by striking 

10 ‘‘sections 101 through 105’’ and inserting ‘‘sections 

11 101 through 105 and section 106(b)’’. 

12 (2) EFFECTIVE DATE.— 

13 (A) IN GENERAL.—Subject to subpara14 graph (B), the amendment made by paragraph 

15 (1) shall take effect upon the adoption of regu16 lations promulgated by the Board of Directors 

17 of the Office of Congressional Workplace Rights 

18 to implement the amendment. 

19 (B) INTERIM APPLICABILITY.—During the 

20 period that begins on the date of the enactment 

21 of this Act and ends on the effective date of the 

22 regulations referred to in subparagraph (A), the 

23 amendment made by paragraph (1) shall be im24 plemented by the Board of Directors of the Of25 fice of Congressional Workplace Rights or a 


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1 hearing officer or court under the Congressional 

2 Accountability Act of 1995 (as the case may be) 

3 by applying (to the extent necessary and appro4 priate) the most relevant substantive executive 

5 agency regulations promulgated to implement 

6 the provision of law that is made applicable to 

7 employing offices and covered employees (as 

8 such terms are defined in the Congressional Ac9 countability Act of 1995) by such amendment. 

10 (c) FAIR LABOR STANDARDS ACT OF 1938.— 

11 (1) IN GENERAL.—Section 203(a)(1) of such 

12 Act (2 U.S.C. 1313(a)(1)) is amended— 

13 (A) by striking ‘‘and section 12(c)’’ and in14 serting ‘‘section 11(c), and section 12(c)’’; and 

15 (B) by striking ‘‘212(c)’’ and inserting 

16 ‘‘211(c), 212(c)’’. 

17 (2) EFFECTIVE DATE.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), the amendment made by paragraph 

20 (1) shall take effect upon the adoption of regu21 lations promulgated by the Board of Directors 

22 of the Office of Congressional Workplace Rights 

23 to implement the amendment. 

24 (B) INTERIM APPLICABILITY.—During the 

25 period that begins on the date of the enactment 


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1 of this Act and ends on the effective date of the 

2 regulations referred to in subparagraph (A), the 

3 amendment made by paragraph (1) shall be im4 plemented by the Board of Directors of the Of5 fice of Congressional Workplace Rights or a 

6 hearing officer or court under the Congressional 

7 Accountability Act of 1995 (as the case may be) 

8 by applying (to the extent necessary and appro9 priate) the most relevant substantive executive 

10 agency regulations promulgated to implement 

11 the provision of law that is made applicable to 

12 employing offices and covered employees (as 

13 such terms are defined in the Congressional Ac14 countability Act of 1995) by such amendment. 

15 SEC. 5. COVERAGE OF LEGISLATIVE BRANCH EMPLOYEES 

16 UNDER RULES PROTECTING JURORS’ EM17 PLOYMENT. 

18 (a) IN GENERAL.—Section 1875(a) of title 28, 

19 United States Code, is amended— 

20 (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; 

21 and 

22 (2) by adding at the end the following: 

23 ‘‘(2) In this section— 

24 ‘‘(A) the term ‘employer’ includes an employing 

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1 countability Act of 1995, the Government Account2 ability Office, the Government Publishing Office, 

3 and the Library of Congress; and 

4 ‘‘(B) the term ‘permanent employee’ includes 

5 any covered employee under section 101(3) of the 

6 Congressional Accountability Act of 1995 and any 

7 employee of the Government Accountability Office, 

8 the Government Publishing Office, and the Library 

9 of Congress, without regard to whether the employ10 ee’s term of service or appointment is permanent.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) apply with respect to individuals summoned 

13 for juror service or serving on juries on or after the date 

14 of the enactment of this Act. 

Æ 


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