Sec. 153. application of congressional accountability act of 1995 to the library of congress; election of proceeding

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## SEC. 153 application of congressional accountability act of 1995 to the library of congress; election of proceeding ###

(a)Application of Congressional Accountability Act of 1995 to the Library of Congress ####

(1)Application through definitions #####

(A)In general Section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301) is amended— ######

(i)in paragraph (3)— ######

(I)in subparagraph (H), by striking “or” at the end; ######

(II)in subparagraph (I), by striking the period and inserting “; or”; and ######

(III)by adding at the end the following: > > ##### “(J) > > the Library of Congress, except for section 220.” > ; and ######

(ii)in paragraph (9)— ######

(I)in subparagraph (C), by striking “or” at the end; ######

(II)in subparagraph (D), by striking the period and inserting “; or”; and ######

(III)by adding at the end the following: > > ##### “(E) > > the Library of Congress, except for section 220.” > . #####

(B)Public services and accommodations Section 210(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1331(a)) is amended— ######

(i)in paragraph (9), by striking “and” at the end; ######

(ii)in paragraph (10), by striking the period and inserting “; and”; and ######

(iii)by adding at the end the following: > > #### “(11) > > the Library of Congress.” > . #####

(C)Labor-management regulations Section 220(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1351(a)) is amended— ######

(i)in paragraph (2), in the paragraph heading, by striking “(2) Definition.—” and inserting “(2) Application.—” ; and ######

(ii)by adding at the end the following: > > #### “(3) Definitions > > 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.” > . ####

(2)Conforming amendments to act The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended— #####

(A)in section 204(a)(2) (2 U.S.C. 1314(a)(2)), by striking “and the Library of Congress” each place it appears; #####

(B)in section 205(a)(2) (2 U.S.C. 1315(a)(2)), by striking “and the Library of Congress” each place it appears; #####

(C)in section 206(a)(2) (2 U.S.C. 1316(a)(2))— ######

(i)in subparagraph (B), by striking “and the Library of Congress”; and ######

(ii)in subparagraph (C), by striking “and the Library of Congress”; #####

(D)in section 215(a)(2) (2 U.S.C. 1341(a)(2))— ######

(i)in subparagraph (C), by striking “, the Library of Congress,”; and ######

(ii)in subparagraph (D), by striking “and the Library of Congress”; and #####

(E)in section 415(a) (2 U.S.C. 1415(a))— ######

(i)by striking the comma after “General Accounting Office” and inserting “or”; and ######

(ii)by striking “, or the Library of Congress”. ###

(b)Election of Proceeding ####

(1)Procedure Section 401(3) of the Congressional Accountability Act of 1995 (2 U.S.C. 1401(3)) is amended— #####

(A)in the matter preceding subparagraph (A), by striking “either”; #####

(B)in subparagraph (A), by striking “or” at the end; #####

(C)in subparagraph (B), by striking the period and inserting “, or”; and #####

(D)by adding at the end the following: > > ##### “(C) > > in the case of an Library claimant (as defined in section 404(a)), a proceeding described in section 404(b)(3) that relates to the violation at issue.” > . ####

(2)Election Section 404 of the Congressional Accountability Act of 1995 (2 U.S.C. 1404) is amended— #####

(A)by striking “ Not ” and inserting the following: > > ### “(b) Election After Proceedings Initially Brought Under This Act > > Not” > ; and #####

(B)by inserting after the section heading the following: > > ### “(a) Definitions > > In this section: > > > #### “(1) Direct act > > 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. > > > #### “(2) Direct provision > > 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. > > > #### “(3) Library claimant > > The term ‘Library claimant’ means— > > > ##### “(A) > > 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 > > > ##### “(B) > > 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.” > ; #####

(C)in subsection (b), as added by subparagraph

(A)of this paragraph— ######

(i)in the matter preceding paragraph (1), by striking “may either” and inserting “who initially requested counseling and mediation under this title may elect to”; ######

(ii)in paragraph (1), by striking “or” at the end; ######

(iii)in paragraph (2), by striking the period and inserting “ , or ”; and > > #### “(3) > > 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 #####

(D)by adding at the end the following: > > ### “(c) Election After Proceedings Initially Brought Under Other Civil Rights or Labor Law > > 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— > > > #### “(1) > > bring any civil action relating to the claim, complaint, or charge, that is available to the Library claimant, > > > #### “(2) > > file a complaint with the Office in accordance with section 405, or > > > #### “(3) > > 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.” > . ###

(c)Prospective Applicability **[**[2 U.S.C. 1301 note](/us/usc/t2/s1301)**]** This section and the amendments made by this section— ####

(1)shall take effect on the date of enactment of this section; and ####

(2)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— #####

(A)section 201, 202, 203, 207, or 210 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311 et seq.); or #####

(B)a direct provision as defined in section 404(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1404) (as added by subsection (b)).

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Sec. 153

application of congressional accountability act of 1995 to the library of congress; election of proceeding

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