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 ap-
plicable 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 Com-
mittee 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 provi-
sions 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 legis-
lative 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 2020’’. 
SEC. 2. ENHANCED ENFORCEMENT OF PROTECTIONS OF 
OCCUPATIONAL SAFETY AND HEALTH ACT 
APPLICABLE TO LEGISLATIVE BRANCH. 
(a) SUBPOENA AUTHORITY FOR OFFICE OF CON-
GRESSIONAL 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 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 
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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 authori-
ties 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 discrimi-
nate against any covered employee because such employee 
has requested the General Counsel to take any action au-
thorized 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 pro-
vided under section 215.’’. 
(d) EFFECTIVE DATE.— 
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(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 Congres-
sional Workplace Rights to implement the amend-
ments in accordance with section 304 of the Con-
gressional 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 Congressional Work-
place 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 ex-
tent 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-
gressional Accountability Act of 1995) by such 
amendments. 
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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.), 
as amended by section 1122(d)(1) of the Fair Chance to 
Compete for Jobs Act of 2019 (Public Law 116–92; 133 
Stat. 1608), 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 
209A; and 
(3) by inserting after section 207 the following 
new sections: 
‘‘SEC. 208. 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 
Congressional Workplace Rights may determine, for 
good cause shown and stated together with the regu-
lation, 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 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 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 
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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 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)), as amended by section 1122(d)(1) of 
the Fair Chance to Compete for Jobs Act of 2019 (Public 
Law 116–92; 133 Stat. 1608), 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 Pro-
tection Act (15 U.S.C. 1674). 
‘‘(15) 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, as amended by section 1122(d)(1) of the Fair 
Chance to Compete for Jobs Act of 2019 (Public Law 
116–92; 133 Stat. 1608), 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 
208 as relating to section 209A; and 
(3) by inserting after the item relating to sec-
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’’. 
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 subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) 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)). 
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‘‘(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 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 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 im-
plemented by the Board of Directors of the Of-
fice of Congressional Workplace Rights or a 
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hearing officer or court under the Congressional 
Accountability Act of 1995 (as the case may be) 
by applying (to the extent necessary and appro-
priate) 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 Ac-
countability 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 Congressional Workplace Rights 
to implement the amendment. 
(B) INTERIM APPLICABILITY.—During the 
period that begins on the date of the enactment 
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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 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 appro-
priate) 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 Ac-
countability Act of 1995) by such amendment. 
SEC. 5. 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 
(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-
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countability Act of 1995, the Government Account-
ability 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 employ-
ee’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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