I 
113TH CONGRESS 
1ST SESSION H. R. 1858 
To amend the Congressional Accountability Act of 1995 to provide enhanced 
enforcement authority for occupational safety and health protections ap-
plicable 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 
MAY 7, 2013 
Ms. NORTON introduced the following bill; which was referred to the Com-
mittee on House Administration, and in addition to the Committees on 
the Judiciary and Education and the Workforce, for a period to be subse-
quently 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 legisla-
tive branch, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Congress Leads by 
Example Act of 2013’’. 
SEC. 2. ENHANCED ENFORCEMENT OF PROTECTIONS OF 
OCCUPATIONAL SAFETY AND HEALTH ACT 
APPLICABLE TO LEGISLATIVE BRANCH. 
(a) SUBPOENA AUTHORITY FOR OFFICE OF COMPLI-
ANCE.—Section 215(c)(1) of the Congressional Account-
ability 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 EMPLOY-
ING 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 ‘‘para-
graph (4) or (5)’’; and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) RECORDKEEPING
REQUIREMENTS.—Each 
employing office shall be subject to the requirements 
of subsection (c) of section 8 of the Occupational 
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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 authori-
ties granted to the Secretary of Labor under such 
subsection.’’. 
(c) PROHIBITING RETALIATION.— 
(1) IN GENERAL.—Section 215 of such Act (2 
U.S.C. 1341) is amended— 
(A) by redesignating subsections (d), (e), 
(f), and (g) as subsections (e), (f), (g), and (h); 
and 
(B) by inserting after subsection (c) the 
following new subsection: 
‘‘(d) PROHIBITING RETALIATION.— 
‘‘(1) IN GENERAL.—An employing office may 
not discharge or in any manner discriminate against 
any covered employee because such employee has re-
quested the General Counsel to take any action au-
thorized under this section, or has instituted or 
caused to be instituted, or has testified or is about 
to testify in, any proceeding that arises from the ap-
plication of this section to the employing office, or 
because of the exercise by such employee on behalf 
of himself or others of any right provided under this 
section. 
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‘‘(2) ENFORCEMENT.— 
‘‘(A) CHARGE
FILED
WITH
GENERAL 
COUNSEL.—Any covered employee who believes 
that he has been discharged or otherwise dis-
criminated against by an employing office in 
violation of paragraph (1) may file a charge 
against the employing office with the General 
Counsel not later than 180 days after the oc-
currence of the alleged violation. The General 
Counsel shall investigate the charge. 
‘‘(B) MEDIATION.—If, upon investigation 
under subparagraph (A), the General Counsel 
believes that a violation of paragraph (1) may 
have occurred and that mediation may be help-
ful in resolving the dispute, the General Coun-
sel may request mediation under subsections (b) 
through (d) of section 1403 between the cov-
ered employee and the employing office. 
‘‘(C) COMPLAINT; HEARING; BOARD
RE-
VIEW.—If mediation under subparagraph (B) 
has not succeeded in resolving the dispute (or 
if the General Counsel does not request medi-
ation under such subparagraph) and the Gen-
eral Counsel believes that a violation of para-
graph (1) may have occurred, the General 
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Counsel may file with the Office a complaint 
against the employing office. The complaint 
shall be submitted to a hearing officer for deci-
sion pursuant to subsections (b) through (h) of 
section 1405 and any person who has filed a 
charge under subparagraph (A) may intervene 
as of right, with the full rights of a party. The 
decision of the hearing officer shall be subject 
to review by the Board pursuant to section 
1406. 
‘‘(D) JUDICIAL
REVIEW.—An individual 
who is aggrieved by a final decision of the 
Board under subparagraph (C) may file a peti-
tion for review in the United States Court of 
Appeals for the Federal Circuit, pursuant to 
section 1407.’’. 
(2) CONFORMING AMENDMENTS.—Section 215 
of such Act (2 U.S.C. 1341) is amended— 
(A) in subsection (g), as redesignated by 
paragraph (1)(A), by striking ‘‘subsection 
(e)(1)’’ and inserting ‘‘subsection (f)(1)’’ and by 
striking ‘‘subsection (e)(2)’’ and inserting ‘‘sub-
section (f)(2)’’; and 
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(B) in subsection (h)(1), as redesignated 
by paragraph (1)(A), by striking ‘‘(e)(3)’’ and 
inserting ‘‘(f)(3)’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the amendments made by this section shall take ef-
fect upon the adoption of regulations promulgated 
by the Board of Directors of the Office of Compli-
ance 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 pe-
riod 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 Compliance, the General 
Counsel of the Office of Compliance, or a hearing of-
ficer 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 promul-
gated to implement the provisions of law that are 
made applicable to employing offices and covered 
employees (as such terms are defined in the Con-
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gressional Accountability Act of 1995) by such 
amendments. 
SEC. 3. APPLICATION TO LEGISLATIVE BRANCH EMPLOY-
EES 
OF 
WHISTLEBLOWER 
PROTECTION 
RULES AND RESTRICTIONS ON DISCHARGE 
BY REASON OF GARNISHMENT AND DIS-
CRIMINATORY TREATMENT BY REASON OF 
BANKRUPTCY. 
(a) IN GENERAL.—Part A of title II of the Congres-
sional 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 207 as section 209; 
and 
(3) by inserting after section 206 the following 
new sections: 
‘‘SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLE-
BLOWER 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 re-
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spect to any covered employee or applicant for em-
ployment because of— 
‘‘(A) any disclosure of information by a 
covered employee or applicant which the em-
ployee or applicant reasonably believes evi-
dences— 
‘‘(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 specifi-
cally 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 Coun-
sel, or to the Inspector General of an executive 
agency or office of the legislative branch or an-
other employee designated by the head of the 
agency or office to receive such disclosures, of 
information which the employee or applicant 
reasonably believes evidences— 
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‘‘(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 sec-
tion and for purposes of applying the procedures es-
tablished under title IV for the consideration of al-
leged 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 sub-
section (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 de-
scribed 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. 
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‘‘(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 
Compliance may determine, for good cause shown 
and stated together with the regulation, that a modi-
fication of such regulations would be more effective 
for the implementation of the rights and protections 
under this section. 
‘‘SEC. 208. RESTRICTION ON DISCHARGE FROM EMPLOY-
MENT BY REASON OF GARNISHMENT OR DIS-
CRIMINATORY TREATMENT BY REASON OF 
BANKRUPTCY. 
‘‘(a) GARNISHMENT.— 
‘‘(1) RIGHTS AND PROTECTIONS DESCRIBED.— 
No employing office may discharge any covered em-
ployee 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 ap-
propriate if awarded under section 304(b) of the 
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Consumer 
Credit 
Protection 
Act 
(15 
U.S.C. 
1674(b)). 
‘‘(b) BANKRUPTCY.— 
‘‘(1) RIGHTS AND PROTECTIONS DESCRIBED.— 
No employing office may deny employment to, termi-
nate 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 Bank-
ruptcy 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 com-
mencement of a case under such title or during 
the case but before the grant or denial of a dis-
charge; or 
‘‘(C) has not paid a debt that is discharge-
able in a case under such title or that was dis-
charged 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. 
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‘‘(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 Compliance 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 implemen-
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tation of the rights and protections under this sec-
tion.’’. 
(b) CONFORMING AMENDMENT
TO BANKRUPTCY 
CODE.—Section 525 of title 11, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d)(1) In the case of an alleged violation of sub-
section (a) or (b) by a governmental unit which is a legis-
lative 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 of-
fice’ 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 em-
ployee’ means a covered employee described in sec-
tion 101(3) of the Congressional Accountability Act 
of 1995, and includes an employee of the Govern-
ment Accountability Office or the Library of Con-
gress.’’. 
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(c) OTHER
CONFORMING
AMENDMENT.—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: 
‘‘(12) Section 2302(b)(8) of title 5, United 
States Code. 
‘‘(13) Section 304 of the Consumer Credit Pro-
tection Act (15 U.S.C. 1674). 
‘‘(14) Section 525 of title 11, United States 
Code.’’. 
(d) 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 PROTEC-
TIONS AND BENEFITS’’; 
(2) by redesignating the item relating to section 
207 as relating to section 209; and 
(3) by inserting after the item relating to sec-
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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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 DIS-
CRIMINATION IN EMPLOYMENT ACT; AMERICANS WITH 
DISABILITIES ACT.—Section 201 of the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1311) is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) RETENTION OF RECORDS.— 
‘‘(1) REQUIRING EMPLOYING OFFICES TO RE-
TAIN RECORDS NECESSARY TO ADMINISTER RIGHTS 
AND
PROTECTIONS.—To the extent that the fol-
lowing provisions of law require the keeping of 
records necessary or appropriate for the administra-
tion 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 Discrimina-
tion 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)). 
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‘‘(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 subpara-
graph (B), the amendment made by paragraph 
(1) shall take effect upon the adoption of regu-
lations promulgated by the Board of Directors 
of the Office of Compliance 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 im-
plemented by the Board of Directors of the Of-
fice of Compliance or a hearing officer or court 
under the Congressional Accountability Act of 
1995 (as the case may be) by applying (to the 
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extent necessary and appropriate) the most rel-
evant 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 in-
serting ‘‘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 subpara-
graph (B), the amendment made by paragraph 
(1) shall take effect upon the adoption of regu-
lations promulgated by the Board of Directors 
of the Office of Compliance 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 
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amendment made by paragraph (1) shall be im-
plemented by the Board of Directors of the Of-
fice of Compliance 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 rel-
evant 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. REQUIRING EMPLOYING OFFICES TO POST NOTICE 
OF RIGHTS OF COVERED EMPLOYEES AND 
PROVIDE TRAINING REGARDING RIGHTS AND 
REMEDIES. 
(a) IN GENERAL.—Title V of the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1431 et seq.) is amend-
ed by inserting after section 506 the following new section: 
‘‘SEC. 507. REQUIRING EMPLOYING OFFICES TO POST NO-
TICE OF RIGHTS OF COVERED EMPLOYEES 
AND PROVIDE TRAINING REGARDING RIGHTS 
AND REMEDIES. 
‘‘(a) NOTICES OF RIGHTS.—Each employing office 
shall post and keep posted (in conspicuous places upon 
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its premises where notices to covered employees are cus-
tomarily posted) notices provided by the Board that de-
scribe the rights and protections applicable to covered em-
ployees of the office under this Act or any other Federal 
law made applicable to covered employees pursuant to this 
Act. 
‘‘(b) 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 employment. 
‘‘(c) EFFECTIVE DATE.—This section shall take ef-
fect 60 days after the date of the enactment of this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by amending the item relating to 
section 507 to read as follows: 
‘‘Sec. 507. Requiring employing offices to post notice of rights of covered em-
ployees and provide training regarding rights and remedies.’’. 
SEC. 6. COVERAGE OF LEGISLATIVE BRANCH EMPLOYEES 
UNDER RULES PROTECTING JURORS’ EM-
PLOYMENT. 
(a) IN GENERAL.—Section 1875(a) of title 28, 
United States Code, is amended— 
(1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; 
and 
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(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 Ac-
countability Act of 1995, the Government Account-
ability Office, the Government Printing 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 Printing 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. 
Æ 
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