Sec. 3. Application to legislative branch employees of whistleblower protection rules and restrictions on discharge by reason of garnishment and discriminatory treatment by reason of bankruptcy
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Part A of title II of the Congressional 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— in the heading, by striking and all that follows and inserting fair labor standards, ; and other protections and benefits by redesignating section 208 as section 209A; and by inserting after section 207 the following new sections: 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 respect to any covered employee or applicant for employment because of— any disclosure of information by a covered employee or applicant which the employee or applicant reasonably believes evidences— a violation of any law, rule, or regulation, or 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 specifically 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 any disclosure to the General Counsel, or to the Inspector General of an executive agency or office of the legislative branch or another employee designated by the head of the agency or office to receive such disclosures, of information which the employee or applicant reasonably believes evidences— a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
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— the term covered employee includes an employee of the Government Accountability Office or Library of Congress; and the term employing office includes the Government Accountability Office and the Library of Congress. The remedy for a violation of subsection
(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 described in section 2302(b)(8) of such title. The Board shall, pursuant to section 304, issue regulations to implement this section. 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 regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. No employing office may discharge any covered employee by reason of the fact that the employee’s earnings have been subjected to garnishment for any one indebtedness. The remedy for a violation of paragraph
(1)shall be such remedy as would be appropriate if awarded under section 304(b) of the Consumer Credit Protection Act ( 15 U.S.C. 1674(b) ). No employing office may deny employment to, terminate 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 Bankruptcy Act, or another covered employee with whom such bankrupt or debtor has been associated, solely because such bankrupt or debtor— is or has been a debtor under such title or a debtor or bankrupt under such Act; has been insolvent before the commencement of a case under such title or during the case but before the grant or denial of a discharge; or has not paid a debt that is dischargeable in a case under such title or that was discharged under such Act. 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. 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— the term covered employee includes an employee of the Government Accountability Office or the Library of Congress; and the term employing office includes the Government Accountability Office and the Library of Congress. The Board shall, pursuant to section 304, issue regulations to implement this section. 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 effective for the implementation of the rights and protections under this section. . Section 525 of title 11, United States Code, is amended by adding at the end the following new subsection: In the case of an alleged violation of subsection
(a)or
(b)by a governmental unit which is a legislative 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. In this subsection— the term legislative branch employing office 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 the term legislative branch covered employee means a covered employee described in section 101(3) of the Congressional Accountability Act of 1995, and includes an employee of the Government Accountability Office or the Library of Congress. . 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: Section 2302(b)(8) of title 5, United States Code. Section 304 of the Consumer Credit Protection Act ( 15 U.S.C. 1674 ). Section 525 of title 11, United States Code. . 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— in the item relating to part A, by striking and all that follows and inserting Fair Labor Standards, ; and Other Protections and Benefits by redesignating the item relating to section 208 as relating to section 209A; and by inserting after the item relating to section 207 the following: Sec. 208. Rights and protections under whistleblower protection rules Sec. 209. Restriction on discharge from employment by reason of garnishment or discriminatory treatment by reason of bankruptcy .
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Sec. 3
Application to legislative branch employees of whistleblower protection rules and restrictions on discharge by reason of garnishment and discriminatory treatment by reason of bankruptcy
Stat.133 Stat. 1608
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