Sec. 101. Description of procedures available for consideration of alleged violations

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Section 401 ( 2 U.S.C. 1401 ) is amended to read as follows: Except as otherwise provided in this Act, the procedure for consideration of an alleged violation of part A of title II consists of— the filing of a claim by the covered employee alleging the violation, as provided in section 402, which may be followed, as described in that section, with pre-investigation mediation under section 404; an investigation of the claim, to be conducted by the General Counsel as provided in section 403, which may be accompanied by mediation during the investigation under section 404; and a formal hearing as provided in section 405, subject to Board review as provided in section 406, and judicial review in the United States Court of Appeals for the Federal Circuit as provided in section 407, but only if, pursuant to an investigation conducted by the General Counsel as provided in section 403, the General Counsel finds either— that there is reasonable cause to believe that the employing office involved committed a violation of part A of title II as alleged in the covered employee’s claim; or that the General Counsel cannot determine whether or not there is reasonable cause to believe that the employing office committed a violation of part A of title II as alleged in the covered employee’s claim.

A covered employee who files a claim as provided in section 402 may, during the period described in paragraph (3), file a civil action in a district court of the United States with respect to the alleged violation involved, as provided in section 408. Notwithstanding paragraph

(2)or paragraph

(3)of subsection (a), if the covered employee files such a civil action— the investigation of the claim by the General Counsel as provided in section 403, or any subsequent formal hearing as provided in section 405, shall terminate upon the filing of the action by the covered employee; and the procedure for consideration of the alleged violation shall not include any further investigation of the claim by the General Counsel as provided in section 403 or any subsequent formal hearing as provided in section 405. The period described in this paragraph with respect to a claim is the period that begins on the date on which the covered employee files the claim under section 402 and ends 90 days after the date the report described in section 403(c)(1) is transmitted to the covered employee. In the case of an employee of the Office of the Architect of the Capitol or of the Capitol Police, the Office, after receiving a claim filed under section 402, may recommend that the employee use, for a specific period of time, the grievance procedures of the Architect of the Capitol or the Capitol Police for resolution of the employee’s grievance. In this subsection: The term direct Act means an Act (other than this Act), or provision of the Revised Statutes, that is specified in section 201, 202, or 203. 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, an employee of the Library of Congress who is covered by that direct provision. A Library claimant who initially files a claim for an alleged violation as provided in section 402 may, instead of proceeding with the claim in accordance with section 405 or filing a civil action in accordance with section 408, during the period described in subsection (b)(3) but before the Office commences a hearing under section 405, elect to bring the claim for a proceeding before the corresponding Federal agency, under the corresponding direct provision. 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 claim with the Office under section 402; 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. This subsection shall take effect and shall apply as described in section 153(c) of the Legislative Branch Appropriations Act, 2018, except that it shall not apply to a violation of section 210(b) or a public services and accommodations direct provision (as defined in section 210(h)(1)). Nothing in this Act may be construed to limit the authority of any particular individual, including a covered employee, or the head of an employing office, to retain private counsel to protect the interests of the particular individual at any point during any of the procedures provided under this Act for the consideration of an alleged violation of part A of title II. Any counsel who represents a party in any of the procedures provided under this Act shall have an obligation to ensure that, to the best of the counsel’s knowledge, information, and belief, as formed after an inquiry which is reasonable under the circumstances, each of the following is correct: No pleading, written motion, or other paper is presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of resolution of the matter. The claims, defenses, and other legal contentions the counsel advocates are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law. The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information. . Section 408(a) ( 2 U.S.C. 1408(a) ) is amended— by striking section 404 and inserting section 401 ; by striking who has completed counseling under section 402 and mediation under section 403 and inserting who filed a timely claim under section 402 and made a timely filing under this section as described in section 401(b) ; and by striking the second sentence. Section 210 ( 2 U.S.C. 1331 ) is amended— in subsection (d)— in paragraph (2), by striking section 403 and inserting section 404 ; and in paragraph (3), by striking section 405 and inserting section 405 (notwithstanding any requirement for a report by the General Counsel) ; by redesignating subsection

(h)as subsection (i); and by inserting after subsection

(g)the following: In this subsection: In this subsection, the term Library claimant means an individual who is eligible to provide services for, or receive services from, the Library of Congress and who is covered by a public services and accommodations direct provision. The term public services and accommodations direct provision means a provision (including a definitional provision or a provision relating to nonretaliation or noncoercion) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) that applies the rights or protections described in subsection

(b)to a Library claimant. The term transition period means the period beginning on the date of enactment of the Legislative Branch Appropriations Act, 2018, and ending on the day before the date of enactment of the Congressional Accountability and Harassment Reform Act . A Library claimant who initially files a charge for an alleged violation under subsection (d)(1) may, instead of proceeding with the charge and before the General Counsel files a complaint under subsection (d)(3), elect to bring the charge for a proceeding before the Library of Congress under section 510 (other than paragraph (5)) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12209 ), under the corresponding public services and accommodations direct provision. A Library claimant who initially brings a claim, complaint, or charge under section 510 (other than paragraph (5)) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12209 ) regarding a violation of a public services and accommodation direct provision may, prior to requesting a hearing under the procedures of the Library of Congress relating to that provision, elect to file a charge for an alleged violation of that provision under subsection (d)(1). Subject to subparagraph (B), this subsection shall take effect and shall apply as described in section 153(c) of the Legislative Branch Appropriations Act, 2018 ( Public Law 115–141 ) with respect to a violation of this section or a public services and accommodations direct provision. Notwithstanding section 153(c) of the Legislative Branch Appropriations Act, 2018 ( Public Law 115–141 )— a Library claimant who brings a charge, complaint, or claim of a violation of a public services and accommodations direct provision during the transition period shall— be subject to the election of proceeding provisions of this subsection; and be treated as if the Library claimant initially filed a charge as described in paragraph

(2)or initially brought a claim, complaint, or charge as described in paragraph (3), as the case may be; and any applicable filing deadlines, and deadlines based on the filing deadlines, with respect to a Library claimant described in clause

(i)shall be stayed for the duration of the transition period. . Title IV is amended— by striking section 404 ( 2 U.S.C. 1404 ); and by redesignating section 403 ( 2 U.S.C. 1403 ) as section 404. The table of contents is amended— by striking the item relating to section 404; and by redesignating the item relating to section 403 as relating to section 404.

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