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Code · BILL · 115th Congress · S. 2236 (Introduced in Senate) — To require covered discrimination and covered harassment awareness and prevention training for Members, officers, emp... · Sec. 218

Sec. 218. Application of Congressional Accountability Act of 1995 to the Library of Congress

1,042 words·~5 min read·/bill/115/s/2236/is/section-218

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Section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), as redesignated by section 201 of this Act, is amended— in paragraph (5)— in subparagraph (H), by striking or at the end; in subparagraph (I), by striking the period and inserting ; or ; and by adding at the end the following: the Library of Congress, except for section 220. ; and in paragraph (12)— in subparagraph (C), by striking or at the end; in subparagraph (D), by striking the period and inserting ; or ; and by adding at the end the following: the Library of Congress, except for section 220. .
Section 210(a) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1331(a) ) is amended— in paragraph (9), by striking and at the end; in paragraph (10), by striking the period and inserting ; and ; and by adding at the end the following: the Library of Congress. . Section 220(a) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1351(a) ) is amended— in paragraph (2), in the paragraph heading, by striking
(2)and inserting Definition .—
(2); and Application .— by adding at the end the following: For purposes of this section, the term covered employee does not include an employee of the Library of Congress, and the term employing office does not include the Library of Congress. . The Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq.) is amended— in section 204(a)(2) ( 2 U.S.C. 1314(a)(2) ), by striking and the Library of Congress each place it appears; in section 205(a)(2) ( 2 U.S.C. 1315(a)(2) ), by striking and the Library of Congress each place it appears; in section 206(a)(2) ( 2 U.S.C. 1316(a)(2) )— in subparagraph (B), by striking and the Library of Congress ; and in subparagraph (C), by striking and the Library of Congress ; in section 215(a)(2) ( 2 U.S.C. 1341(a)(2) )— in subparagraph (C), by striking , the Library of Congress, ; and in subparagraph (D), by striking and the Library of Congress ; and in section 415(a) ( 2 U.S.C. 1415(a) )— by striking the comma after General Accounting Office and inserting or ; and by striking , or the Library of Congress . Section 401(a)(3) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1401(a)(3) ), as designated by section 207(b) of this Act, is amended— in the matter preceding subparagraph (A), by striking either ; in subparagraph (A), by striking , or at the end and inserting a semicolon; in subparagraph (B), by striking the period and inserting ; or ; and by adding at the end the following: in the case of a Library claimant (as defined in section 404(d)), a proceeding described in section 404(b)(3) that relates to the violation at issue. . Section 404 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1404 ), as amended by section 210 of this Act, is further amended— in subsection (a)— in paragraph (1), by striking , or at the end and inserting a semicolon; in paragraph (2), by striking the period and inserting ; or ; and by adding at the end the following: in the case of a Library claimant, bring the claim, complaint, or charge that is brought for a proceeding before the corresponding Federal agency, under the corresponding direct provision. ; in subsection (b)— in paragraph (1)— in subparagraph (A), by striking or at the end; in subparagraph (B), by striking and at the end; and by adding at the end the following: in the case of a Library claimant, bring the claim, complaint, or charge that is brought for a proceeding before the corresponding Federal agency, under the corresponding direct provision; and ; and in paragraph (2)— in subparagraph (A), by striking or at the end; in subparagraph (B), by striking the period and inserting ; and ; and by adding at the end the following: in the case of a Library claimant, bring the claim, complaint, or charge that is brought for a proceeding before the corresponding Federal agency, under the corresponding direct provision. ; and by adding at the end the following: A Library claimant who initially brings a claim, complaint, or charge under a direct provision for a proceeding before a Federal agency may, prior to requesting a hearing under the agency's procedures, elect to— bring any civil action relating to the claim, complaint, or charge, that is available to the Library claimant; file a complaint with the Office in accordance with section 405; or file a civil action in accordance with section 408 in the United States district court for the district in which the employee is employed or for the District of Columbia. In this section: The term direct Act means an Act (other than this Act), or provision of the Revised Statutes, that is specified in section 201, 202, 203, or 210. The term direct provision means a provision (including a definitional provision) of a direct Act that applies the rights or protections of a direct Act (including rights and protections relating to nonretaliation or noncoercion) to a Library claimant. The term Library claimant means— with respect to a direct provision (other than a provision described in subparagraph (B)), an employee of the Library of Congress who is covered by that direct provision, and with respect to a direct provision that applies the rights or protections of title II or III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq., 12181 et seq.), an individual who is eligible to provide services for or receive services from the Library of Congress and who is covered by that provision. . This section and the amendments made by this section— shall take effect on the date of enactment of this section; and shall apply to any charge, complaint, or claim, that is made on or after the date of enactment of this section, of a violation of— section 201, 202, 203, 207, or 210 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311 et seq.); or a direct provision as defined in section 404(d) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1404(d) (as added by subsection (b)).
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