I 

114TH CONGRESS 

1ST SESSION H. R. 3528 

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 16, 2015 

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 

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 2015’’. 

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 COMPLI8 ANCE.—Section 215(c)(1) of the Congressional Account9 ability Act of 1995 (2 U.S.C. 1341(c)(1)) is amended— 

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

11 ‘‘subsections (a), (b),’’; and 

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

13 ‘‘657(a), (b),’’. 

14 (b) RECORDKEEPING REQUIREMENTS FOR EMPLOY15 ING OFFICES.—Section 215(c) of such Act (2 U.S.C. 

16 1341(c)) is amended— 

17 (1) by redesignating paragraphs (3) through 

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

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

20 striking ‘‘paragraph (3) or (4)’’ and inserting ‘‘para21 graph (4) or (5)’’; and 

22 (3) by inserting after paragraph (2) the fol23 lowing new paragraph: 

24 ‘‘(3) RECORDKEEPING REQUIREMENTS.—Each 

25 employing office shall be subject to the requirements 

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

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

2 that are applicable to employers under such section, 

3 and the General Counsel shall exercise the authori4 ties granted to the Secretary of Labor under such 

5 subsection.’’. 

6 (c) PROHIBITING RETALIATION.— 

7 (1) IN GENERAL.—Section 215 of such Act (2 

8 U.S.C. 1341) is amended— 

9 (A) by redesignating subsections (d), (e), 

10 (f), and (g) as subsections (e), (f), (g), and (h); 

11 and 

12 (B) by inserting after subsection (c) the 

13 following new subsection: 

14 ‘‘(d) PROHIBITING RETALIATION.— 

15 ‘‘(1) IN GENERAL.—An employing office may 

16 not discharge or in any manner discriminate against 

17 any covered employee because such employee has re18 quested the General Counsel to take any action au19 thorized under this section, or has instituted or 

20 caused to be instituted, or has testified or is about 

21 to testify in, any proceeding that arises from the ap22 plication of this section to the employing office, or 

23 because of the exercise by such employee on behalf 

24 of himself or others of any right provided under this 

25 section. 

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1 ‘‘(2) ENFORCEMENT.— 

2 ‘‘(A) CHARGE FILED WITH GENERAL

3 COUNSEL.—Any covered employee who believes 

4 that he has been discharged or otherwise dis5 criminated against by an employing office in 

6 violation of paragraph (1) may file a charge 

7 against the employing office with the General 

8 Counsel not later than 180 days after the oc9 currence of the alleged violation. The General 

10 Counsel shall investigate the charge. 

11 ‘‘(B) MEDIATION.—If, upon investigation 

12 under subparagraph (A), the General Counsel 

13 believes that a violation of paragraph (1) may 

14 have occurred and that mediation may be help15 ful in resolving the dispute, the General Coun16 sel may request mediation under subsections (b) 

17 through (e) of section 403 between the covered 

18 employee and the employing office. 

19 ‘‘(C) COMPLAINT; HEARING; BOARD RE20 VIEW.—If mediation under subparagraph (B) 

21 has not succeeded in resolving the dispute (or 

22 if the General Counsel does not request medi23 ation under such subparagraph) and the Gen24 eral Counsel believes that a violation of para25 graph (1) may have occurred, the General 

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1 Counsel may file with the Office a complaint 

2 against the employing office. The complaint 

3 shall be submitted to a hearing officer for deci4 sion pursuant to subsections (b) through (h) of 

5 section 405 and any person who has filed a 

6 charge under subparagraph (A) may intervene 

7 as of right, with the full rights of a party. The 

8 decision of the hearing officer shall be subject 

9 to review by the Board pursuant to section 406. 

10 ‘‘(D) JUDICIAL REVIEW.—An individual 

11 who is aggrieved by a final decision of the 

12 Board under subparagraph (C) may file a peti13 tion for review in the United States Court of 

14 Appeals for the Federal Circuit, pursuant to 

15 section 407.’’. 

16 (2) CONFORMING AMENDMENTS.—Section 215 

17 of such Act (2 U.S.C. 1341) is amended— 

18 (A) in subsection (g), as redesignated by 

19 paragraph (1)(A), by striking ‘‘subsection 

20 (e)(1)’’ and inserting ‘‘subsection (f)(1)’’ and by 

21 striking ‘‘subsection (e)(2)’’ and inserting ‘‘sub22 section (f)(2)’’; and 

23 (B) in subsection (h)(1), as redesignated 

24 by paragraph (1)(A), by striking ‘‘(e)(3)’’ and 

25 inserting ‘‘(f)(3)’’. 

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1 (d) EFFECTIVE DATE.— 

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

3 the amendments made by this section shall take ef4 fect upon the adoption of regulations promulgated 

5 by the Board of Directors of the Office of Compli6 ance to implement the amendments in accordance 

7 with section 304 of the Congressional Accountability 

8 Act of 1995 (2 U.S.C. 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 Compliance, the General 

15 Counsel of the Office of Compliance, or a hearing of16 ficer or court under the Congressional Accountability 

17 Act of 1995 (as the case may be) by applying (to the 

18 extent necessary and appropriate) the most relevant 

19 substantive executive agency regulations promul20 gated to implement the provisions of law that are 

21 made applicable to employing offices and covered 

22 employees (as such terms are defined in the Con23 gressional Accountability Act of 1995) by such 

24 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 is amended— 

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

11 STANDARDS,’’ and all that follows and inserting 

12 ‘‘AND OTHER PROTECTIONS AND BENEFITS’’; 

13 (2) by redesignating section 207 as section 209; 

14 and 

15 (3) by inserting after section 206 the following 

16 new sections: 

17 ‘‘SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLE18 BLOWER PROTECTION RULES. 

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

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

21 take or fail to take, or threaten to take or fail to 

22 take, a personnel action (within the meaning of 

23 chapter 23 of title 5, United States Code) with re24 spect to any covered employee or applicant for em25 ployment because of— 

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

2 covered employee or applicant which the em3 ployee or applicant reasonably believes evi4 dences— 

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

6 regulation, or 

7 ‘‘(ii) gross mismanagement, a gross 

8 waste of funds, an abuse of authority, or 

9 a substantial and specific danger to public 

10 health or safety, 

11 if such disclosure is not specifically prohibited 

12 by law and if such information is not specifi13 cally required by Executive order or the rules of 

14 the House of Representatives or Senate to be 

15 kept secret in the interest of national defense or 

16 the conduct of foreign affairs; or 

17 ‘‘(B) any disclosure to the General Coun18 sel, or to the Inspector General of an executive 

19 agency or office of the legislative branch or an20 other employee designated by the head of the 

21 agency or office to receive such disclosures, of 

22 information which the employee or applicant 

23 reasonably believes evidences— 

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

25 regulation, or 

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1 ‘‘(ii) gross mismanagement, a gross 

2 waste of funds, an abuse of authority, or 

3 a substantial and specific danger to public 

4 health or safety. 

5 ‘‘(2) DEFINITIONS.—For purposes of this sec6 tion and for purposes of applying the procedures es7 tablished under title IV for the consideration of al8 leged violations of this section— 

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

10 an employee of the Government Accountability 

11 Office or Library of Congress; and 

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

13 the Government Accountability Office and the 

14 Library of Congress. 

15 ‘‘(b) REMEDY.—The remedy for a violation of sub16 section (a) shall be such remedy as would be appropriate 

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

18 Code, with respect to a prohibited personnel practice de19 scribed in section 2302(b)(8) of such title. 

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

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

22 to section 304, issue regulations to implement this 

23 section. 

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

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

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1 substantive regulations promulgated by the Merit 

2 Systems Protection Board to implement chapters 12 

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

4 extent that the Board of Directors of the Office of 

5 Compliance may determine, for good cause shown 

6 and stated together with the regulation, that a modi7 fication of such regulations would be more effective 

8 for the implementation of the rights and protections 

9 under this section. 

10 ‘‘SEC. 208. RESTRICTION ON DISCHARGE FROM EMPLOY11 MENT BY REASON OF GARNISHMENT OR DIS12 CRIMINATORY TREATMENT BY REASON OF 

13 BANKRUPTCY. 

14 ‘‘(a) GARNISHMENT.— 

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

16 No employing office may discharge any covered em17 ployee by reason of the fact that the employee’s 

18 earnings have been subjected to garnishment for any 

19 one indebtedness. 

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

21 paragraph (1) shall be such remedy as would be ap22 propriate if awarded under section 304(b) of the 

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

24 1674(b)). 

25 ‘‘(b) BANKRUPTCY.— 

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

2 No employing office may deny employment to, termi3 nate the employment of, or discriminate with respect 

4 to employment against, a covered employee who is or 

5 has been a debtor under title 11, United States 

6 Code, or a bankrupt or a debtor under the Bank7 ruptcy Act, or another covered employee with whom 

8 such bankrupt or debtor has been associated, solely 

9 because such bankrupt or debtor— 

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

11 title or a debtor or bankrupt under such Act; 

12 ‘‘(B) has been insolvent before the com13 mencement of a case under such title or during 

14 the case but before the grant or denial of a dis15 charge; or 

16 ‘‘(C) has not paid a debt that is discharge17 able in a case under such title or that was dis18 charged under such Act. 

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

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

21 appropriate if awarded with respect to a violation of 

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

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

24 for purposes of applying the procedures established under 

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1 title IV for the consideration of alleged violations of this 

2 section— 

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

4 employee of the Government Accountability Office or 

5 the Library of Congress; and 

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

7 Government Accountability Office and the Library of 

8 Congress. 

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

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

11 to section 304, issue regulations to implement this 

12 section. 

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

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

15 substantive regulations promulgated to implement 

16 section 304 of the Consumer Credit Protection Act 

17 (15 U.S.C. 1674) and the substantive regulations 

18 promulgated to implement section 525 of title 11, 

19 United States Code, except to the extent that the 

20 Board of Directors of the Office of Compliance may 

21 determine, for good cause shown and stated together 

22 with the regulation, that a modification of any such 

23 regulation would be more effective for the implemen24 tation of the rights and protections under this sec25 tion.’’. 

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1 (b) CONFORMING AMENDMENT TO BANKRUPTCY

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

3 amended by adding at the end the following new sub4 section: 

5 ‘‘(d)(1) In the case of an alleged violation of sub6 section (a) or (b) by a governmental unit which is a legis7 lative branch employing office with respect to an employee 

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

9 the procedures for consideration of the alleged violation 

10 shall consist of the procedures applicable under title IV 

11 of the Congressional Accountability Act of 1995. 

12 ‘‘(2) In this subsection— 

13 ‘‘(A) the term ‘legislative branch employing of14 fice’ means an employing office described in section 

15 101(9) of the Congressional Accountability Act of 

16 1995, and includes the Government Accountability 

17 Office and the Library of Congress; and 

18 ‘‘(B) the term ‘legislative branch covered em19 ployee’ means a covered employee described in sec20 tion 101(3) of the Congressional Accountability Act 

21 of 1995, and includes an employee of the Govern22 ment Accountability Office or the Library of Con23 gress.’’. 

24 (c) OTHER CONFORMING AMENDMENT.—Section 

25 102(a) of the Congressional Accountability Act of 1995 

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1 (2 U.S.C. 1302(a)) is amended by adding at the end the 

2 following new paragraphs: 

3 ‘‘(12) Section 2302(b)(8) of title 5, United 

4 States Code. 

5 ‘‘(13) Section 304 of the Consumer Credit Pro6 tection Act (15 U.S.C. 1674). 

7 ‘‘(14) Section 525 of title 11, United States 

8 Code.’’. 

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

10 for part A of title II of the Congressional Accountability 

11 Act of 1995 is amended— 

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

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

14 follows and inserting ‘‘AND OTHER PROTEC15 TIONS AND BENEFITS’’; 

16 (2) by redesignating the item relating to section 

17 207 as relating to section 209; and 

18 (3) by inserting after the item relating to sec19 tion 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.’’. 

20 SEC. 4. REQUIRING RETENTION OF RECORDS NECESSARY 

21 TO ADMINISTER ANTI-DISCRIMINATION LAWS 

22 APPLICABLE TO COVERED EMPLOYEES. 

23 (a) TITLE VII OF THE CIVIL RIGHTS ACT; AGE DIS24 CRIMINATION IN EMPLOYMENT ACT; AMERICANS WITH

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1 DISABILITIES ACT.—Section 201 of the Congressional Ac2 countability Act of 1995 (2 U.S.C. 1311) is amended— 

3 (1) by redesignating subsections (c) and (d) as 

4 subsections (d) and (e); and 

5 (2) by inserting after subsection (b) the fol6 lowing new subsection: 

7 ‘‘(c) RETENTION OF RECORDS.— 

8 ‘‘(1) REQUIRING EMPLOYING OFFICES TO RE9 TAIN RECORDS NECESSARY TO ADMINISTER RIGHTS

10 AND PROTECTIONS.—To the extent that the fol11 lowing provisions of law require the keeping of 

12 records necessary or appropriate for the administra13 tion of this section, such provisions of law shall 

14 apply to employing offices: 

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

16 of 1964 (42 U.S.C. 2000e–8(c)). 

17 ‘‘(B) Section 7(a) of the Age Discrimina18 tion in Employment Act of 1967 (29 U.S.C. 

19 626(a)). 

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

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

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

23 apply with respect to records generated on or after 

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

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

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

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

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

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

5 101 through 105 and section 106(b)’’. 

6 (2) EFFECTIVE DATE.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), the amendment made by paragraph 

9 (1) shall take effect upon the adoption of regu10 lations promulgated by the Board of Directors 

11 of the Office of Compliance to implement the 

12 amendment. 

13 (B) INTERIM APPLICABILITY.—During the 

14 period that begins on the date of the enactment 

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

16 regulations referred to in subparagraph (A), the 

17 amendment made by paragraph (1) shall be im18 plemented by the Board of Directors of the Of19 fice of Compliance or a hearing officer or court 

20 under the Congressional Accountability Act of 

21 1995 (as the case may be) by applying (to the 

22 extent necessary and appropriate) the most rel23 evant substantive executive agency regulations 

24 promulgated to implement the provision of law 

25 that is made applicable to employing offices and 

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1 covered employees (as such terms are defined in 

2 the Congressional Accountability Act of 1995) 

3 by such amendment. 

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

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

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

7 (A) by striking ‘‘and section 12(c)’’ and in8 serting ‘‘section 11(c), and section 12(c)’’; and 

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

10 ‘‘211(c), 212(c)’’. 

11 (2) EFFECTIVE DATE.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (B), the amendment made by paragraph 

14 (1) shall take effect upon the adoption of regu15 lations promulgated by the Board of Directors 

16 of the Office of Compliance to implement the 

17 amendment. 

18 (B) INTERIM APPLICABILITY.—During the 

19 period that begins on the date of the enactment 

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

21 regulations referred to in subparagraph (A), the 

22 amendment made by paragraph (1) shall be im23 plemented by the Board of Directors of the Of24 fice of Compliance or a hearing officer or court 

25 under the Congressional Accountability Act of 

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1 1995 (as the case may be) by applying (to the 

2 extent necessary and appropriate) the most rel3 evant substantive executive agency regulations 

4 promulgated to implement the provision of law 

5 that is made applicable to employing offices and 

6 covered employees (as such terms are defined in 

7 the Congressional Accountability Act of 1995) 

8 by such amendment. 

9 SEC. 5. REQUIRING EMPLOYING OFFICES TO POST NOTICE 

10 OF RIGHTS OF COVERED EMPLOYEES AND 

11 PROVIDE TRAINING REGARDING RIGHTS AND 

12 REMEDIES. 

13 (a) IN GENERAL.—Title V of the Congressional Ac14 countability Act of 1995 (2 U.S.C. 1431 et seq.) is amend15 ed by inserting after section 506 the following new section: 

16 ‘‘SEC. 507. REQUIRING EMPLOYING OFFICES TO POST NO17 TICE OF RIGHTS OF COVERED EMPLOYEES 

18 AND PROVIDE TRAINING REGARDING RIGHTS 

19 AND REMEDIES. 

20 ‘‘(a) NOTICES OF RIGHTS.—Each employing office 

21 shall post and keep posted (in conspicuous places upon 

22 its premises where notices to covered employees are cus23 tomarily posted) notices provided by the Board that de24 scribe the rights and protections applicable to covered em25 ployees of the office under this Act or any other Federal 

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1 law made applicable to covered employees pursuant to this 

2 Act. 

3 ‘‘(b) TRAINING.—Each employing office shall provide 

4 to the covered employees of such office training regarding 

5 the rights and protections and remedies applicable to such 

6 employees under this Act or any other Federal law relating 

7 to the terms and conditions of employment. 

8 ‘‘(c) EFFECTIVE DATE.—This section shall take ef9 fect 60 days after the date of the enactment of this sec10 tion.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 of such Act is amended by amending the item relating to 

13 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.’’. 

14 SEC. 6. COVERAGE OF LEGISLATIVE BRANCH EMPLOYEES 

15 UNDER RULES PROTECTING JURORS’ EM16 PLOYMENT. 

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

18 United States Code, is amended— 

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

20 and 

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

22 ‘‘(2) In this section— 

23 ‘‘(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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