I 

112TH CONGRESS 

1ST SESSION H. R. 3108 

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 antidiscrimation protections for employees of the legislative 

branch, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 5, 2011 

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 

antidiscrimation 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 2011’’. 

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 (d) of section 1403 between the cov18 ered 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 1405 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 

10 1406. 

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

12 who is aggrieved by a final decision of the 

13 Board under subparagraph (C) may file a peti14 tion for review in the United States Court of 

15 Appeals for the Federal Circuit, pursuant to 

16 section 1407.’’. 

17 (2) CONFORMING AMENDMENTS.—Section 215 

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

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

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

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

22 striking ‘‘subsection (e)(2)’’ and inserting ‘‘sub23 section (f)(2)’’; and 


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

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

3 inserting ‘‘(f)(3)’’. 

4 (d) EFFECTIVE DATE.— 

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

6 the amendments made by this section shall take ef7 fect upon the adoption of regulations promulgated 

8 by the Board of Directors of the Office of Compli9 ance to implement the amendments in accordance 

10 with section 304 of the Congressional Accountability 

11 Act of 1995 (2 U.S.C. 1384). 

12 (2) INTERIM APPLICABILITY.—During the pe13 riod that begins on the date of the enactment of this 

14 Act and ends on the effective date of the regulations 

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

16 by this section shall be implemented by the Board 

17 of Directors of the Office of Compliance, the General 

18 Counsel of the Office of Compliance, or a hearing of19 ficer or court under the Congressional Accountability 

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

21 extent necessary and appropriate) the most relevant 

22 substantive executive agency regulations promul23 gated to implement the provisions of law that are 

24 made applicable to employing offices and covered 

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1 gressional Accountability Act of 1995) by such 

2 amendments. 

3 SEC. 3. APPLICATION TO LEGISLATIVE BRANCH EMPLOY4 EES OF WHISTLEBLOWER PROTECTION 

5 RULES AND RESTRICTIONS ON DISCHARGE 

6 BY REASON OF GARNISHMENT AND DIS7 CRIMINATORY TREATMENT BY REASON OF 

8 BANKRUPTCY. 

9 (a) IN GENERAL.—Part A of title II of the Congres10 sional Accountability Act of 1995 (2 U.S.C. 1311 et seq.) 

11 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 207 as section 209; 

16 and 

17 (3) by inserting after section 206 the following 

18 new sections: 

19 ‘‘SEC. 207. 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 Compliance may determine, for good cause shown 

8 and stated together with the regulation, that a modi9 fication of such regulations would be more effective 

10 for the implementation of the rights and protections 

11 under this section. 

12 ‘‘SEC. 208. 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 Compliance may 

23 determine, for good cause shown and stated together 

24 with the regulation, that a modification of any such 

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1 tation of the rights and protections under this sec2 tion.’’. 

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)) is amended by adding at the end the 

4 following new paragraphs: 

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

6 States Code. 

7 ‘‘(13) Section 304 of the Consumer Credit Pro8 tection Act (15 U.S.C. 1674). 

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

10 Code.’’. 

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

12 for part A of title II of the Congressional Accountability 

13 Act of 1995 is amended— 

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

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

16 follows and inserting ‘‘AND OTHER PROTEC17 TIONS AND BENEFITS’’; 

18 (2) by redesignating the item relating to section 

19 207 as relating to section 209; and 

20 (3) by inserting after the item relating to sec21 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.’’. 


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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 subsections (c) and (d) as 

9 subsections (d) and (e); and 

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

12 ‘‘(c) 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)). 

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

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


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

2 apply with respect to records generated on or after 

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

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

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

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

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

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

9 101 through 105 and section 106(b)’’. 

10 (2) EFFECTIVE DATE.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), the amendment made by paragraph 

13 (1) shall take effect upon the adoption of regu14 lations promulgated by the Board of Directors 

15 of the Office of Compliance to implement the 

16 amendment. 

17 (B) INTERIM APPLICABILITY.—During the 

18 period that begins on the date of the enactment 

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

20 regulations referred to in subparagraph (A), the 

21 amendment made by paragraph (1) shall be im22 plemented by the Board of Directors of the Of23 fice of Compliance or a hearing officer or court 

24 under the Congressional Accountability Act of 

25 1995 (as the case may be) by applying (to the 


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1 extent necessary and appropriate) the most rel2 evant substantive executive agency regulations 

3 promulgated to implement the provision of law 

4 that is made applicable to employing offices and 

5 covered employees (as such terms are defined in 

6 the Congressional Accountability Act of 1995) 

7 by such amendment. 

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

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

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

11 (A) by striking ‘‘and section 12(c)’’ and in12 serting ‘‘section 11(c), and section 12(c)’’; and 

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

14 ‘‘211(c), 212(c)’’. 

15 (2) EFFECTIVE DATE.— 

16 (A) IN GENERAL.—Subject to subpara17 graph (B), the amendment made by paragraph 

18 (1) shall take effect upon the adoption of regu19 lations promulgated by the Board of Directors 

20 of the Office of Compliance to implement the 

21 amendment. 

22 (B) INTERIM APPLICABILITY.—During the 

23 period that begins on the date of the enactment 

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

25 regulations referred to in subparagraph (A), the 


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1 amendment made by paragraph (1) shall be im2 plemented by the Board of Directors of the Of3 fice of Compliance or a hearing officer or court 

4 under the Congressional Accountability Act of 

5 1995 (as the case may be) by applying (to the 

6 extent necessary and appropriate) the most rel7 evant substantive executive agency regulations 

8 promulgated to implement the provision of law 

9 that is made applicable to employing offices and 

10 covered employees (as such terms are defined in 

11 the Congressional Accountability Act of 1995) 

12 by such amendment. 

13 SEC. 5. REQUIRING EMPLOYING OFFICES TO POST NOTICE 

14 OF RIGHTS OF COVERED EMPLOYEES AND 

15 PROVIDE TRAINING REGARDING RIGHTS AND 

16 REMEDIES. 

17 (a) IN GENERAL.—Title V of the Congressional Ac18 countability Act of 1995 (2 U.S.C. 1431 et seq.) is amend19 ed by inserting after section 506 the following new section: 

20 ‘‘SEC. 507. REQUIRING EMPLOYING OFFICES TO POST NO21 TICE OF RIGHTS OF COVERED EMPLOYEES 

22 AND PROVIDE TRAINING REGARDING RIGHTS 

23 AND REMEDIES. 

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

25 shall post and keep posted (in conspicuous places upon 


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1 its premises where notices to covered employees are cus2 tomarily posted) notices provided by the Board that de3 scribe the rights and protections applicable to covered em4 ployees of the office under this Act or any other Federal 

5 law made applicable to covered employees pursuant to this 

6 Act. 

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

8 to the covered employees of such office training regarding 

9 the rights and protections and remedies applicable to such 

10 employees under this Act or any other Federal law relating 

11 to the terms and conditions of employment. 

12 ‘‘(c) EFFECTIVE DATE.—This section shall take ef13 fect 60 days after the date of the enactment of this sec14 tion.’’. 

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

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

17 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.’’. 

18 SEC. 6. COVERAGE OF LEGISLATIVE BRANCH EMPLOYEES 

19 UNDER RULES PROTECTING JURORS’ EM20 PLOYMENT. 

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

22 United States Code, is amended— 

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

24 and 


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

2 ‘‘(2) In this section— 

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

4 office under section 101(9) of the Congressional Ac5 countability Act of 1995, the Government Account6 ability Office, the Government Printing Office, and 

7 the Library of Congress; and 

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

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

10 Congressional Accountability Act of 1995 and any 

11 employee of the Government Accountability Office, 

12 the Government Printing Office, and the Library of 

13 Congress, without regard to whether the employee’s 

14 term of service or appointment is permanent.’’. 

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

16 subsection (a) apply with respect to individuals summoned 

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

18 of the enactment of this Act. 

Æ 


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