Sec. 2. Enhanced enforcement of protections of occupational safety and health act applicable to legislative branch
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Section 215(c)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1341(c)(1) ) is amended— by striking subsections (a), and inserting subsections (a), (b), ; and by striking 657(a), and inserting 657(a), (b), . Section 215(c) of such Act (2 U.S.C. 1341(c)) is amended— by redesignating paragraphs
(3)through
(6)as paragraphs
(4)through (7); in paragraph (6), as so redesignated, by striking paragraph
(3)or
(4)and inserting paragraph
(4)or
(5); and by inserting after paragraph
(2)the following new paragraph: Each employing office shall be subject to the requirements 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 authorities granted to the Secretary of Labor under such subsection. . Section 215 of such Act ( 2 U.S.C. 1341 ) is amended— by redesignating subsections (d), (e), (f), and
(g)as subsections (e), (f), (g), and (h); and by inserting after subsection
(c)the following new subsection: An employing office may not discharge or in any manner discriminate against any covered employee because such employee has requested the General Counsel to take any action authorized 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 application 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. Any covered employee who believes that he has been discharged or otherwise discriminated 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 occurrence of the alleged violation. The General Counsel shall investigate the charge. If, upon investigation under subparagraph (A), the General Counsel believes that a violation of paragraph
(1)may have occurred and that mediation may be helpful in resolving the dispute, the General Counsel may request mediation under subsections
(b)through
(d)of section 1403 between the covered employee and the employing office. If mediation under subparagraph
(B)has not succeeded in resolving the dispute (or if the General Counsel does not request mediation under such subparagraph) and the General Counsel believes that a violation of paragraph
(1)may have occurred, the General Counsel may file with the Office a complaint against the employing office. The complaint shall be submitted to a hearing officer for decision 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. An individual who is aggrieved by a final decision of the Board under subparagraph
(C)may file a petition for review in the United States Court of Appeals for the Federal Circuit, pursuant to section 1407. . Section 215 of such Act ( 2 U.S.C. 1341 ) is amended— 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 subsection (f)(2) ; and in subsection (h)(1), as redesignated by paragraph (1)(A), by striking (e)(3) and inserting (f)(3) . Subject to paragraph (2), the amendments made by this section shall take effect upon the adoption of regulations promulgated by the Board of Directors of the Office of Compliance to implement the amendments in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384). 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 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 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 relevant substantive executive agency regulations promulgated to implement the provisions of law that are made applicable to employing offices and covered employees (as such terms are defined in the Congressional Accountability Act of 1995) by such amendments.
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Sec. 2
Enhanced enforcement of protections of occupational safety and health act applicable to legislative branch
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