[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2236 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2236

To require covered discrimination and covered harassment awareness and 
prevention training for Members, officers, employees, interns, fellows, 
  and detailees of Congress within 30 days of employment and annually 
thereafter, to require a biennial climate survey of Congress, to amend 
  the enforcement process under the Office of Congressional Workplace 
 Rights for covered discrimination and covered harassment complaints, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2017

  Mrs. Gillibrand (for herself, Mr. Cruz, Mr. Booker, Mrs. Ernst, Ms. 
Murkowski, Ms. Baldwin, Mrs. Shaheen, Mrs. Feinstein, Mr. Gardner, Mr. 
Portman, Mr. Graham, Mr. Sullivan, Mr. Cornyn, Ms. Harris, Ms. Hassan, 
  Ms. Cortez Masto, Mr. Blumenthal, Ms. Hirono, Ms. Warren, and Mrs. 
  McCaskill) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To require covered discrimination and covered harassment awareness and 
prevention training for Members, officers, employees, interns, fellows, 
  and detailees of Congress within 30 days of employment and annually 
thereafter, to require a biennial climate survey of Congress, to amend 
  the enforcement process under the Office of Congressional Workplace 
 Rights for covered discrimination and covered harassment complaints, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Harassment Reform 
Act''.

                  TITLE I--TRAINING AND CLIMATE SURVEY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Covered discrimination.--The term ``covered 
        discrimination'' means--
                    (A) discrimination described in any of 
                subparagraphs (A) through (E) of paragraph (2);
                    (B) discrimination prohibited by section 201, 206, 
                or 210 of the Congressional Accountability Act of 1995; 
                or
                    (C) a violation of section 207 of such Act that is 
                related to discrimination described in subparagraph (A) 
                or (B).
            (2) Covered harassment.--The term ``covered harassment'' 
        means harassment that is--
                    (A) discrimination because of race, color, 
                religion, sex, or national origin under title VII of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
                    (B) discrimination because of age under the Age 
                Discrimination in Employment Act of 1967 (29 U.S.C. 621 
                et seq.);
                    (C) discrimination on the basis of disability under 
                title I of the Americans with Disabilities Act of 1990 
                (42 U.S.C. 12111 et seq.) or section 501 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 791);
                    (D) discrimination because of genetic information 
                under title II of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et 
                seq.); or
                    (E) discrimination on the basis of status 
                concerning service in a uniformed service under section 
                4311(a) of title 38, United States Code.
            (3) Covered office of the house of representatives.--The 
        term ``covered office of the House of Representatives'' means 
        an office, including a joint commission or joint committee, 
        employing employees of the House of Representatives.
            (4) Covered office of the senate.--The term ``covered 
        office of the Senate'' means an office, including a joint 
        commission or joint committee, employing employees of the 
        Senate.
            (5) Covered position in the house of representatives.--The 
        term ``covered position in the House of Representatives'' means 
        a position as--
                    (A) a Member of the House of Representatives, 
                including a Delegate or Resident Commissioner to 
                Congress;
                    (B) an elected or appointed officer of the House of 
                Representatives;
                    (C) an employee of the House of Representatives;
                    (D) an intern or fellow in a covered office of the 
                House of Representatives--
                            (i) without regard to whether the intern or 
                        fellow receives compensation; and
                            (ii) in the case of an intern or fellow 
                        that does receive compensation, without regard 
                        to the source of the compensation; or
                    (E) a detailee in a covered office of the House of 
                Representatives, without regard to whether the service 
                is on a reimbursable basis.
            (6) Covered position in the senate.--The term ``covered 
        position in the Senate'' means a position as--
                    (A) a Member of the Senate;
                    (B) an elected or appointed officer of the Senate;
                    (C) an employee of the Senate;
                    (D) an intern or fellow in a covered office of the 
                Senate--
                            (i) without regard to whether the intern or 
                        fellow receives compensation; and
                            (ii) in the case of an intern or fellow 
                        that does receive compensation, without regard 
                        to the source of the compensation; or
                    (E) a detailee in a covered office of the Senate, 
                without regard to whether the service is on a 
                reimbursable basis.
            (7) Employee of the house of representatives.--The term 
        ``employee of the House of Representatives'' means an employee 
        whose pay is disbursed by the Chief Administrative Officer of 
        the House of Representatives, without regard to the term of the 
        appointment.
            (8) Employee of the senate.--The term ``employee of the 
        Senate'' means an employee whose pay is disbursed by the 
        Secretary of the Senate, without regard to the term of the 
        appointment.
            (9) Head of a covered office.--The term ``head of a covered 
        office'', when used with respect to a covered office of the 
        Senate or a covered office of the House of Representatives, 
        means the Member of Congress, elected or appointed officer of 
        Congress, or manager of the covered office having final 
        authority to appoint, hire, discharge, and set the terms, 
        conditions, or privileges of the employment of the employees 
        employed by the covered office.
            (10) Initial training date.--The term ``initial training 
        date'' means, with respect to an individual in a covered 
        position in the House or an individual in a covered position in 
        the Senate, the first date on which the applicable training 
        required for such individual under section 102(b) is offered 
        under section 102(c).
            (11) Manager of a covered office.--The term ``manager of a 
        covered office'', when used with respect to a covered office of 
        the Senate or a covered office of the House of Representatives, 
        means an employee of the covered office empowered to effect a 
        significant change in the employment status of another employee 
        of the covered office, such as hiring, firing, failing to 
        promote, reassignment with significantly different 
        responsibilities, or a decision causing a change in benefits.
            (12) Office of congressional workplace rights.--The term 
        ``Office of Congressional Workplace Rights'' means the Office 
        of Congressional Workplace Rights established under section 301 
        of the Congressional Accountability Act of 1995 (2 U.S.C. 
        1381), as amended by section 217 (formerly known as the 
        ``Office of Compliance'').

SEC. 102. REQUIRED COVERED DISCRIMINATION AND COVERED HARASSMENT 
              AWARENESS AND PREVENTION TRAINING FOR MEMBERS, OFFICERS, 
              EMPLOYEES, INTERNS, FELLOWS, AND DETAILEES OF CONGRESS 
              WITHIN 30 DAYS OF EMPLOYMENT AND ANNUALLY THEREAFTER.

    (a) Establishment of Rules Requiring Covered Discrimination and 
Covered Harassment Awareness and Prevention Training Within 30 Days of 
Employment and Annually Thereafter.--
            (1) Requirements for the senate.--
                    (A) In general.--Not later than 120 days after the 
                date of enactment of this Act, the Committee on Rules 
                and Administration of the Senate--
                            (i) shall issue rules that require--
                                    (I) each individual elected, 
                                appointed, or assigned to a covered 
                                position in the Senate after the 
                                initial training date, who was not 
                                serving in a covered position in the 
                                same covered office of the Senate 
                                immediately before being so elected, 
                                appointed, or assigned, to complete 
                                training described in subsections (b) 
                                and (c)--
                                            (aa) not later than 30 days 
                                        after the date on which the 
                                        individual begins serving in 
                                        the covered position; and
                                            (bb) annually thereafter as 
                                        long as the individual serves 
                                        in a covered position in the 
                                        Senate;
                                    (II) each individual serving in a 
                                covered position in the Senate on the 
                                initial training date, to complete such 
                                training--
                                            (aa) not later than 30 days 
                                        after the initial training 
                                        date; and
                                            (bb) annually thereafter as 
                                        long as the individual serves 
                                        in a covered position in the 
                                        Senate; and
                                    (III) a designee of each covered 
                                office of the Senate to--
                                            (aa) annually submit to the 
                                        Committee a certification 
                                        indicating whether each 
                                        individual serving in a covered 
                                        position in such covered office 
                                        has completed such training; 
                                        and
                                            (bb) submit, by not later 
                                        than the last day of each 
                                        Congress, to the Secretary of 
                                        the Senate a certification 
                                        indicating whether each 
                                        individual serving in a covered 
                                        position in such covered office 
                                        has completed the training 
                                        requirements under this title 
                                        during that Congress; and
                            (ii) may establish additional requirements 
                        for the training on covered discrimination and 
                        covered harassment awareness and prevention 
                        that is offered to individuals serving in 
                        covered positions in the Senate under this 
                        section.
                    (B) Coordination with other requirements.--In 
                issuing rules under subparagraph (A)(i), the Committee 
                on Rules and Administration of the Senate shall--
                            (i) review the requirements of S. Res. 330 
                        (115th Congress), agreed to November 9, 2017; 
                        and
                            (ii) ensure that the rules issued under 
                        subparagraph (A)(i) meet the requirements of 
                        this title while preventing or limiting 
                        conflicts and duplication of requirements under 
                        the regulations or guidance issued under such 
                        Senate Resolution.
            (2) Requirements for the house of representatives.--
                    (A) In general.--Not later than 120 days after the 
                date of enactment of this Act, the Committee on House 
                Administration of the House of Representatives--
                            (i) shall issue rules that require--
                                    (I) each individual elected, 
                                appointed, or assigned to a covered 
                                position in the House of 
                                Representatives after the initial 
                                training date, who was not serving in a 
                                covered position in the same covered 
                                office of the House of Representatives 
                                immediately before being so elected, 
                                appointed, or assigned, to complete 
                                training described in subsections (b) 
                                and (c)--
                                            (aa) not later than 30 days 
                                        after the date on which the 
                                        individual begins serving in 
                                        the covered position; and
                                            (bb) annually thereafter as 
                                        long as the individual serves 
                                        in a covered position in the 
                                        House of Representatives;
                                    (II) each individual serving in a 
                                covered position in the House of 
                                Representatives on the initial training 
                                date, to complete such training--
                                            (aa) not later than 30 days 
                                        after the initial training 
                                        date; and
                                            (bb) annually thereafter as 
                                        long as the individual serves 
                                        in a covered position in the 
                                        House of Representatives; and
                                    (III) a designee of each covered 
                                office of the House of Representatives 
                                to--
                                            (aa) annually submit to the 
                                        Committee a certification 
                                        indicating whether each 
                                        individual serving in a covered 
                                        position in such covered office 
                                        has completed the training; and
                                            (bb) submit, by not later 
                                        than the last day of each 
                                        Congress, to the Chief 
                                        Administrative Officer of the 
                                        House of Representatives a 
                                        certification indicating 
                                        whether each individual serving 
                                        in a covered position in such 
                                        covered office has completed 
                                        the training requirements under 
                                        this title during that 
                                        Congress; and
                            (ii) may establish additional requirements 
                        for the training on covered discrimination and 
                        covered harassment awareness and prevention 
                        offered to individuals serving in a covered 
                        position in the House of Representatives under 
                        this section.
                    (B) Coordination with other requirements.--In 
                issuing rules under subparagraph (A)(i), the Committee 
                on House Administration of the House of Representatives 
                shall--
                            (i) review the requirements of H. Res. 630 
                        (115th Congress), agreed to November 29, 2017; 
                        and
                            (ii) ensure that the rules issued under 
                        subparagraph (A)(i) meet the requirements of 
                        this title while preventing or limiting 
                        conflicts and duplication of requirements under 
                        the regulations issued under such House 
                        Resolution.
    (b) Requirements for Training.--The training on covered 
discrimination and covered harassment awareness and prevention required 
under this section shall--
            (1) be provided by the Office of Congressional Workplace 
        Rights;
            (2) include--
                    (A) information and practical guidance regarding 
                any applicable Federal laws concerning the prohibition 
                against and the prevention and correction of covered 
                discrimination and covered harassment and the rights of 
                survivors of covered harassment in employment;
                    (B) practical examples aimed at instructing 
                supervisors in the prevention of covered 
                discrimination, covered harassment, and retaliation;
                    (C) presentations by individuals with knowledge and 
                expertise in the prevention of covered discrimination, 
                covered harassment, and retaliation;
                    (D) a discussion of the consequences for 
                perpetrators of covered discrimination and covered 
                harassment;
                    (E) information regarding the prohibition under the 
                Congressional Accountability Act of 1995 (2 U.S.C. 1301 
                et seq.) of retaliation against any witness to, or 
                individual who experiences, covered discrimination or 
                covered harassment and who has--
                            (i) opposed the covered discrimination or 
                        covered harassment; or
                            (ii) initiated proceedings, made a charge, 
                        or testified, assisted, or participated in any 
                        manner in a hearing or other proceeding 
                        relating to such covered discrimination or 
                        covered harassment;
                    (F) information regarding how an individual in a 
                covered position in the Senate or a covered position in 
                the House of Representatives reports covered 
                discrimination or covered harassment to the Office of 
                Congressional Workplace Rights;
                    (G) in the case of training provided to individuals 
                who are Members of Congress (including a Delegate or 
                Resident Commissioner to Congress), elected and 
                appointed officers of Congress, heads of covered 
                offices of Congress, and managers of covered offices of 
                Congress, information regarding the role of such 
                individuals in recognizing and responding to harassment 
                and harassment complaints; and
                    (H) any additional content required under paragraph 
                (1)(A)(ii), or (2)(A)(ii), of subsection (a) by the 
                Committee on Rules and Administration of the Senate or 
                the Committee on House Administration of the House of 
                Representatives (as applicable); and
            (3) require that an individual demonstrate mastery of the 
        subject matter through an assessment in order to complete the 
        training.
    (c) Provision of Training.--
            (1) In general.--The Office of Congressional Workplace 
        Rights shall--
                    (A) by not later than 60 days after the date on 
                which the Committee on Rules and Administration of the 
                Senate and the Committee on House Administration of the 
                House of Representatives issue rules under paragraph 
                (1) or (2) of subsection (a), develop and offer 
                training on covered discrimination and covered 
                harassment awareness and prevention that meets the 
                requirements of subsection (b), subject to paragraph 
                (2);
                    (B) periodically update the training on covered 
                discrimination and covered harassment awareness and 
                prevention, including any materials relating to such 
                training; and
                    (C) periodically provide recordkeeping information 
                to, as applicable--
                            (i) the Committee on House Administration 
                        of the House of Representatives;
                            (ii) the Committee on Rules and 
                        Administration of the Senate;
                            (iii) the Committee on Ethics of the House 
                        of Representatives; and
                            (iv) the Select Committee on Ethics of the 
                        Senate,
        regarding the individuals serving in covered positions in the 
        Senate or in covered positions in the House of Representatives, 
        respectively, who have completed the training
            (2) Consultation.--The Office of Congressional Workplace 
        Rights shall, in implementing the training described in 
        paragraph (1), consult with--
                    (A) entities having significant expertise in 
                identifying, preventing, and responding to covered 
                harassment; and
                    (B) covered harassment survivors or covered 
                harassment confidential advisors.
    (d) Publication of Certifications for Each Congress.--
            (1) Publication of certification in the senate.--Not later 
        than 30 days after the first day of each Congress, the 
        Secretary of the Senate shall publish each certification 
        submitted to the Secretary of the Senate, in accordance with 
        the rules issued under subsection (a)(1)(A)(i) and the 
        requirements of subsection (a)(1)(A)(i)(III)(bb), with respect 
        to the previous Congress on the public website of the Secretary 
        of the Senate.
            (2) Publication of certification in the house of 
        representatives.--Not later than 30 days after the first day of 
        each Congress, the Chief Administrative Officer of the House of 
        Representatives shall publish each certification submitted to 
        the Chief Administrative Officer of the House of 
        Representatives, in accordance with the rules issued under 
        subsection (a)(2)(A)(i) and the requirements of subsection 
        (a)(2)(A)(i)(III)(bb), with respect to the previous Congress on 
        the public website of the Chief Administrative Officer of the 
        House of Representatives.

SEC. 103. WORKPLACE CLIMATE SURVEY OF CONGRESS RELATING TO COVERED 
              DISCRIMINATION AND COVERED HARASSMENT.

    Not later than 120 days after the date of enactment of this Act, 
and every 2 years thereafter, the Office of Congressional Workplace 
Rights shall--
            (1) carry out an anonymous survey of individuals serving in 
        covered positions in the Senate or in covered positions in the 
        House of Representatives--
                    (A) to determine--
                            (i) the scope of covered discrimination and 
                        covered harassment in Congress;
                            (ii) whether covered discrimination and 
                        covered harassment prevention and reform 
                        efforts are working to curb the prevalence of 
                        covered discrimination and covered harassment 
                        in Congress; and
                            (iii) whether the complaint and reporting 
                        process regarding instances of covered 
                        discrimination and covered harassment in 
                        Congress is sufficient; and
                    (B) that does not request any information, and is 
                not conducted by any method, that would make a 
                respondent or respondent's office identifiable; and
            (2)(A) prepare a report regarding the findings of the 
        survey described in paragraph (1) that does not reveal the 
        methods used by the Office of Congressional Workplace Rights to 
        gather responses to the survey; and
            (B) submit the report only to the Committee on Rules and 
        Administration of the Senate, the Committee on Rules of the 
        House of Representatives, the Select Committee on Ethics of the 
        Senate, and the Committee on Ethics of the House of 
        Representatives.

           TITLE II--CONGRESSIONAL ACCOUNTABILITY ACT OF 1995

SEC. 201. DEFINITIONS.

    Section 101 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1301) is amended--
            (1) by redesignating paragraphs (3) and (4) through (12) as 
        paragraphs (5) and (7) through (15), respectively;
            (2) by inserting after paragraph (2) the following:
            ``(3) Connected worker.--
                    ``(A) Covered employees.--For purposes of paragraph 
                (5), the term `connected worker' means--
                            ``(i) an intern or fellow serving in a 
                        position in an employing office--
                                    ``(I) without regard to whether the 
                                intern or fellow receives compensation; 
                                and
                                    ``(II) if the intern or fellow does 
                                receive compensation, without regard to 
                                the source of compensation; or
                            ``(ii) a detailee serving in a position in 
                        an employing office, without regard to whether 
                        the service is on a reimbursable basis.
                    ``(B) Subgroups of covered employees.--For purposes 
                of each of paragraphs (8) through (11), the term 
                defined in the paragraph involved, used with respect to 
                covered discrimination or covered harassment, includes 
                a connected worker (as defined in subparagraph (A)) in 
                an office that employs employees referred to in that 
                paragraph.
            ``(4) Covered discrimination.--In this section, the term 
        `covered discrimination' means--
                    ``(A) discrimination described in any of 
                subparagraphs (A) through (E) of paragraph (6);
                    ``(B) discrimination prohibited by section 210; or
                    ``(C) a violation of section 207 that is related to 
                discrimination described in subparagraph (A) or (B), or 
                a violation of section 4311(b) of title 38, United 
                States Code, that is related to discrimination 
                described in paragraph (6)(E).'';
            (3) in paragraph (5), as redesignated by paragraph (1) of 
        this section, by striking ``any employee'' and inserting ``any 
        employee and, used with respect to covered discrimination or 
        covered harassment, any connected worker'';
            (4) by inserting after paragraph (5), as redesignated by 
        paragraph (1) of this section, the following:
            ``(6) Covered harassment.--The term `covered harassment' 
        means harassment that is--
                    ``(A) discrimination because of race, color, 
                religion, sex, or national origin under title VII of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
                    ``(B) discrimination because of age under the Age 
                Discrimination in Employment Act of 1967 (29 U.S.C. 621 
                et seq.);
                    ``(C) discrimination on the basis of disability 
                under title I of the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12111 et seq.) or section 501 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 791);
                    ``(D) discrimination because of genetic information 
                under title II of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et 
                seq.); or
                    ``(E) discrimination on the basis of status 
                concerning service in a uniformed service under section 
                4311(a) of title 38, United States Code.''; and
            (5) in paragraphs (10) and (11), by striking ``paragraph 
        (3)'' and inserting ``paragraph (5)''.

SEC. 202. RIGHTS AND PROTECTIONS; RESPONSIBILITIES OF HEAD OF EMPLOYING 
              OFFICE.

    Section 201 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1311) is amended--
            (1) in subsection (a)--
                    (A)(i) by redesignating paragraphs (1), (2), and 
                (3) as subparagraphs (A), (B), and (C), respectively;
                    (ii) by aligning the margins of such subparagraphs 
                with the margins of subparagraph (A) of subsection 
                (b)(1); and
                    (iii) by striking ``All personnel'' and inserting 
                the following:
            ``(1) In general.--All personnel''; and
                    (B) by adding at the end the following:
            ``(2) Responsibilities.--
                    ``(A) In general.--If an individual who is the head 
                of an employing office, or the highest ranking employee 
                of the head of the employing office, is aware of, or a 
                reasonable individual in the position involved would be 
                aware of, covered discrimination or covered harassment 
                in the office, the individual shall carry out the 
                responsibility described in subparagraph (B).
                    ``(B) Responsibilities.--The individual referred to 
                in subparagraph (A) shall make affirmative efforts to 
                address, and prevent the recurrence of, covered 
                discrimination or covered harassment in the office.''; 
                and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``subsection 
                (a)(1)'' and inserting ``subsection (a)(1)(A)'';
                    (B) in paragraph (2), by striking ``subsection 
                (a)(2)'' and inserting ``subsection (a)(1)(B)''; and
                    (C) in paragraph (3), by striking ``subsection 
                (a)(3)'' and inserting ``subsection (a)(1)(C)''.

SEC. 203. PUBLIC SERVICES AND ACCOMMODATIONS.

    Section 210 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1331) is amended by striking subsection (d) and inserting the 
following:
    ``(d) Available Procedures.--
            ``(1) In general.--The procedures of title IV shall apply 
        to allegations of violations of this part.
            ``(2) Application.--For purposes of applying title IV--
                    ``(A) to an allegation of a violation of a 
                provision listed in subsection (b), of title II of the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12131 et seq.)--
                            ``(i) a reference in title IV to a covered 
                        employee shall be considered to be a reference 
                        to a qualified individual with a disability, as 
                        defined in section 201 of that Act (42 U.S.C. 
                        12131); and
                            ``(ii) a reference in title IV to an 
                        employing office shall be considered to be a 
                        reference to an entity listed in subsection (a) 
                        that provides public services, programs, or 
                        activities; and
                    ``(B) to an allegation of a violation of a 
                provision listed in subsection (b), of title III of the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12181 et seq.)--
                            ``(i) a reference in title IV to a covered 
                        employee shall be considered to be a reference 
                        to an individual with a disability, as defined 
                        in section 3 of that Act (42 U.S.C. 12102); and
                            ``(ii) a reference in title IV to an 
                        employing office shall be considered to be a 
                        reference to an entity listed in subsection (a) 
                        that owns, leases (or leases to), or operates a 
                        place of public accommodation, as defined in 
                        section 301 of that Act (42 U.S.C. 12181).''.

SEC. 204. GENERAL PROVISIONS.

    Section 225(e) of the Congressional Accountability Act of 1995 (2 
U.S.C. 1361(e)) is amended by striking ``Only'' and inserting ``Except 
in the case of an allegation of covered discrimination or covered 
harassment, only''.

SEC. 205. NOTICES.

    Part E of title II of the Congressional Accountability Act of 1995 
(2 U.S.C. 1361) is amended by adding at the end the following:

``SEC. 226. NOTICES.

    ``Every employing office shall post and keep posted (in conspicuous 
places upon its premises where notices to covered employees are 
customarily posted) a notice provided by the Office that--
            ``(1) describes the rights, protections, and procedures 
        applicable to covered employees of the employing office under 
        this Act, concerning covered discrimination and covered 
        harassment; and
            ``(2) includes contact information for the Office.''.

SEC. 206. CONFIDENTIAL ADVISOR.

    Section 302 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1382) is amended--
            (1) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively, and
            (2) by inserting after subsection (c) the following:
    ``(d) Confidential Advisor.--
            ``(1) In general.--The Executive Director shall--
                    ``(A) appoint, and fix the compensation of, and may 
                remove, a Confidential Advisor; or
                    ``(B) designate an employee of the Office to serve 
                as a Confidential Advisor.
            ``(2) Duties.--
                    ``(A) Voluntary services.--The Confidential Advisor 
                shall offer to provide the services described in 
                subparagraph (B), which a covered employee may accept 
                or decline.
                    ``(B) Services.--The services referred to in 
                subparagraph (A) are--
                            ``(i) informing, on a confidential basis, a 
                        covered employee who has experienced a practice 
                        that may be covered discrimination or covered 
                        harassment about the employee's rights under 
                        this Act;
                            ``(ii) consulting, on a confidential basis, 
                        with a covered employee who has experienced a 
                        practice that may be covered discrimination or 
                        covered harassment; and
                            ``(iii) assisting, on a confidential basis, 
                        a covered employee who seeks consideration 
                        under title IV of an allegation involving 
                        covered discrimination or covered harassment in 
                        understanding the procedures, and the 
                        significance of the procedures, described in 
                        that title.''.

SEC. 207. OVERALL PROCEDURE.

    (a) Voluntary Proceedings.--Section 401 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1401) is amended--
            (1) in the first sentence--
                    (A) by striking ``part A'' and inserting ``part A 
                or B'';
                    (B) in paragraph (1), by inserting ``, which shall 
                be voluntary in the case of an allegation of covered 
                discrimination or covered harassment'' before the 
                semicolon; and
                    (C) in paragraph (2), by inserting ``, which shall 
                be voluntary in the case of an allegation of covered 
                discrimination or covered harassment'' before the 
                semicolon; and
            (2) in the second sentence, by inserting ``(or a request 
        for counseling, mediation, or a hearing, concerning an 
        allegation of covered discrimination or covered harassment)'' 
        after ``for counseling under section 402''.
    (b) Notification.--Section 401 of the Congressional Accountability 
Act of 1995, as amended by subsection (a), is further amended--
            (1) by striking ``Except'' and inserting the following:
    ``(a) Overall Procedure.--Except''; and
            (2) by adding at the end the following:
    ``(b) Notification After Allegation of Covered Discrimination or 
Covered Harassment.--On receiving a request, under this title, for 
counseling or another proceeding for consideration of alleged covered 
discrimination or covered harassment, the Office shall provide to the 
employee written notification that describes the rights, protections, 
and procedures applicable to a covered employee who is raising such an 
allegation.
    ``(c) No Requirement To Present Allegation First to Employing 
Office.--Notwithstanding any provision of law, regardless of whether a 
covered employee follows the employing office's procedures for 
initially presenting an allegation, or information about the 
allegation, of covered discrimination or covered harassment to the 
employing office--
            ``(1) the covered employee is privileged to request and 
        obtain, under this title, counseling or another proceeding for 
        consideration of alleged covered discrimination or covered 
        harassment; and
            ``(2) the covered employee--
                    ``(A) may file a complaint with the Office in 
                accordance with section 405 or file a civil action with 
                a court in accordance with section 408;
                    ``(B) may proceed without prejudice under the 
                corresponding procedures specified in title IV 
                including obtaining any available remedy; and
                    ``(C) shall be entitled to protection from 
                intimidation, reprisal, or other discrimination 
                described in section 207 as provided in that 
                section.''.
    (c) Availability of Remote Work Assignment or Paid Leave During 
Pendency of Procedures.--Section 401 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1401), as amended by subsection 
(b), is further amended by adding at the end the following new 
subsection:
    ``(d) Availability of Remote Work Assignment or Paid Leave During 
Pendency of Procedures.--
            ``(1) Requirements for employing offices.--
                    ``(A) Remote work assignment.--At the request of a 
                covered employee who alleges covered discrimination or 
                covered harassment by the covered employee's employing 
                office, during the pendency of any of the procedures 
                available under this title for consideration of the 
                allegation, the employing office shall permit the 
                covered employee to carry out the employee's 
                responsibilities from a remote location instead of from 
                the location of the employing office.
                    ``(B) Exception for work assignments required to be 
                carried out onsite.--If, in the determination of the 
                covered employee's employing office, a covered employee 
                who makes a request under this paragraph cannot carry 
                out the employee's responsibilities from a remote 
                location, the employing office shall grant paid leave 
                to a covered employee during the pendency of the 
                procedures available under this title for the covered 
                employee.
            ``(2) Exclusion from cap on number of employees of office 
        of member or committee of the house of representatives.--If the 
        office of a Member or committee of the House of Representatives 
        grants a covered employee of such office paid leave under 
        paragraph (1), during the period in which the employee is on 
        paid leave, the employee shall not be counted among the number 
        of employees of the office--
                    ``(A) in the case of the office of a Member of the 
                House, for purposes of section 104(a) of the House of 
                Representatives Administrative Reform Technical 
                Corrections Act (2 U.S.C. 5321(a)); or
                    ``(B) in the case of the office of a committee of 
                the House, for purposes of any rule or regulation of 
                the House that governs the number of employees the 
                committee may appoint.
            ``(3) Exception for arrangements subject to collective 
        bargaining agreements.--Paragraph (1) does not apply to the 
        extent that it is inconsistent with the terms and conditions of 
        any collective bargaining agreement that is in effect with 
        respect to an employing office.''.
    (d) Electronic Reporting System.--Section 401 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1401), as amended by subsection 
(c), is further amended by adding at the end the following new 
subsection:
    ``(e) Use of Electronic Reporting System.--The Office shall 
establish and operate an electronic reporting system through which a 
covered employee may initiate a proceeding under this title, and that 
will keep an electronic record of the date and time at which the 
proceeding is initiated.''.

SEC. 208. COUNSELING.

    Section 402(a) of the Congressional Accountability Act of 1995 (2 
U.S.C. 1402(a)) is amended, in the first sentence--
            (1) by striking ``part A'' and inserting ``part A or B''; 
        and
            (2) by inserting ``or, in the case of an allegation of 
        covered discrimination or covered harassment, may request 
        voluntary counseling by the Office'' before the period.

SEC. 209. MEDIATION.

    (a) Voluntary Mediation.--Section 403(a) of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1403(a)) is amended--
            (1) by striking ``Not later'' and inserting the following:
            ``(1) In general.--Except as provided in paragraph (2), not 
        later''; and
            (2) by adding at the end the following:
            ``(2) Allegation of covered discrimination or covered 
        harassment.--In the case of an allegation of covered 
        discrimination or covered harassment--
                    ``(A) for a covered employee who requests 
                counseling under section 402, not later than 15 days 
                after receipt by the employee of notice of the end of 
                the counseling period under section 402, but prior to 
                making an election under section 404, the covered 
                employee who alleged a violation of a law may file a 
                request for voluntary mediation with the Office; and
                    ``(B) for a covered employee who does not request 
                such counseling, not later than 180 days after the date 
                of the alleged violation, but prior to making an 
                election under section 404, the covered employee may 
                file a request for voluntary mediation with the 
                Office.''.
    (b) Requiring Parties To Be Separated During Mediation at Request 
of Employee.--Section 403(b)(2) of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1403(b)(2)) is amended by striking ``meetings with 
the parties'' and all that follows and inserting the following: 
``meetings with the parties--
            ``(1) held for the purpose of resolving the dispute between 
        the covered employee and the employing office; and
            ``(2)(A) except as provided in subparagraph (B), conducted 
        separately or jointly; or
            ``(B) at the request of a covered employee who alleges 
        covered discrimination or covered harassment, during which the 
        parties shall be separated.''.

SEC. 210. ELECTION OF PROCEEDING.

    Section 404 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1404) is amended--
            (1) by striking ``Not later'' and inserting the following:
            ``(1) In general.--Except as provided in subsection (b), 
        not later''; and
            (2) by adding at the end the following:
    ``(b) Allegation of Covered Discrimination or Covered Harassment.--
In the case of an allegation of covered discrimination or covered 
harassment--
            ``(1) for a covered employee who requests mediation under 
        section 403 (or does not, but requests counseling under section 
        402), not later than 90 days after the end of the period of 
        mediation (or counseling), the covered employee may either--
                    ``(A) file a complaint as described in subsection 
                (a)(1); or
                    ``(B) file a civil action as described in 
                subsection (a)(2); and
            ``(2) for a covered employee who does not request such 
        mediation (or counseling), not later than 180 days after the 
        date of the alleged violation, the covered employee may 
        either--
                    ``(A) file a complaint as described in subsection 
                (a)(1); or
                    ``(B) file a civil action as described in 
                subsection (a)(2).''.

SEC. 211. COMPLAINT AND PROCEEDING.

    (a) In General.--Section 405(a) of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1405(a)) is amended by striking subsection (a) 
and inserting the following:
    ``(a) Complaint.--
            ``(1) In general.--Except as provided in paragraph (2)--
                    ``(A) a covered employee may, upon the completion 
                of mediation under section 403, file a complaint with 
                the Office; and
                    ``(B) the respondent to the complaint shall be the 
                employing office--
                            ``(i)(I) involved in the violation; or
                            ``(II) in which the violation is alleged to 
                        have occurred; and
                            ``(ii) about which mediation was conducted.
            ``(2) Allegation of covered discrimination or covered 
        harassment.--In the case of an allegation of covered 
        discrimination or covered harassment--
                    ``(A) a covered employee may file a complaint with 
                the Office as described in section 404(b); and
                    ``(B) the respondent to the complaint shall be the 
                employing office--
                            ``(i) involved in the violation; or
                            ``(ii) in which the violation is alleged to 
                        have occurred.''.
    (b) Investigatory Powers.--Section 405 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1405) is amended by striking 
subsection (e) and inserting the following:
    ``(e) Investigations and Discovery.--
            ``(1) Investigations.--The Office shall have the authority 
        to conduct investigations regarding complaints of covered 
        discrimination or covered harassment filed under this section, 
        including investigations with respect to practices experienced 
        by former covered employees that may be covered discrimination 
        or covered harassment.
            ``(2) Discovery.--Reasonable prehearing discovery may be 
        permitted at the discretion of the hearing officer regarding a 
        complaint filed under this section.''.

SEC. 212. JUDICIAL REVIEW.

    Section 407 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1407) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A), by striking ``part A'' and 
                inserting ``part A or B'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (B) and (C), respectively; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``subsection 
                (a)(1) (A) or (B)'' and inserting ``subsection 
                (a)(1)(A)''; and
                    (B) in paragraphs (1) and (2), by striking 
                ``subsection (a)(1) (C) or (D)'' and inserting 
                ``subsection (a)(1) (B) or (C)''.

SEC. 213. CIVIL ACTION.

    Section 408(a) of the Congressional Accountability Act of 1995 (2 
U.S.C. 1408(a)) is amended--
            (1) in the first sentence, by striking ``who has completed 
        counseling under section 402 and mediation under section 403'' 
        and inserting ``who meets the applicable requirements of 
        section 404''; and
            (2) in the second sentence, by inserting ``or a violation 
        that is covered discrimination or covered harassment'' before 
        the period.

SEC. 214. SETTLEMENTS.

    Section 414 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1414) is amended--
            (1) by striking ``Any'' and inserting the following:
    ``(a) In General.--Any'';
            (2) in the first sentence, by striking ``210,'';
            (3) by inserting after the first sentence the following: 
        ``Such a settlement that relates, in part or in whole, to an 
        allegation of covered discrimination or covered harassment by a 
        Member of Congress (as defined in section 415(f)) shall be 
        publicly disclosed by the Office, unless the covered employee 
        bringing the allegation objects or the Member obtains a 
        nondisclosure determination under subsection (b).''; and
            (4) by adding to the end the following:
    ``(b) Exception.--In the case of a settlement that relates, in part 
or in whole, to an allegation of covered discrimination or covered 
harassment by a Member of Congress (as defined in section 415(f)), in a 
situation in which the covered employee involved does not object to 
public disclosure of the settlement, the Member may request a 
nondisclosure determination. If the appropriate committee finds by a 
preponderance of the evidence, based on any record from a proceeding 
under this title that may have existed on the date of the settlement, 
and using a rebuttable presumption in favor of requiring disclosure, 
that the Member has not engaged in the alleged covered discrimination 
or covered harassment, the committee shall issue a nondisclosure 
determination. The committee shall issue the determination and the 
committee's rationale for the determination in writing.
    ``(c) Definitions.--In this section:
            ``(1) Appropriate committee.--The term `appropriate 
        committee' has the meaning given the term in section 415(f).
            ``(2) Nondisclosure determination.--The term `nondisclosure 
        determination' means a determination from the appropriate 
        committee that the settlement shall not be publicly disclosed 
        under subsection (a).''.

SEC. 215. PERSONAL LIABILITY OF MEMBERS OF CONGRESS.

    Section 415 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1415) is amended--
            (1) in subsection (a), by inserting after the first 
        sentence the following: ``Under no circumstances may an 
        employing office use funds from the Members' Representational 
        Allowance under section 101 of the House of Representatives 
        Administrative Reform Technical Corrections Act (2 U.S.C. 
        5341), the Senators' Official Personnel and Office Expense 
        Account, or any appropriated funds other than funds 
        appropriated under this subsection, for the payment of awards 
        and settlements under this Act.'';
            (2) in subsection (c), by striking ``section 201(a)(3)'' 
        and inserting ``section 201(a)(1)(C)''; and
            (3) by adding at the end the following:
    ``(d) Committee Approvals.--Before a payment is made from the 
account described in subsection (a) for a settlement for covered 
discrimination or covered harassment in an employing office described 
in subparagraph (A) or (B) of section 101(12), the chair and ranking 
member of the appropriate committee shall approve the payment.
    ``(e) Personal Liability of Members of Congress for Payment of 
Settlements and Awards.--
            ``(1) Reimbursement.--If a payment is made from the account 
        described in subsection (a) for an award or settlement that 
        relates, in part or in whole, to an allegation of covered 
        discrimination or covered harassment by a Member of Congress, 
        the Member of Congress who is alleged to have committed the 
        discrimination or harassment shall, except as provided in 
        subparagraph (2), reimburse the account for the amount of the 
        award or settlement.
            ``(2) Exception.--In the case of a settlement that relates, 
        in part or in whole, to an allegation of covered discrimination 
        or covered harassment by a Member of Congress, the Member may 
        request a nonreimbursement determination. If the appropriate 
        committee finds by a preponderance of the evidence, based on 
        any record from a proceeding under this title that may have 
        existed on the date of the payment, and using a rebuttable 
        presumption in favor of requiring reimbursement, that the 
        Member of Congress has not engaged in the alleged covered 
        discrimination or covered harassment, the committee shall issue 
        a nonreimbursement determination. The committee shall issue the 
        determination and the committee's rationale for the 
        determination in writing. Unless the settlement is not publicly 
        disclosed under section 414, such determination and rationale 
        shall be publicly disclosed by the Office.
            ``(3) Construction.--Nothing in this section shall be 
        construed to require a Member of Congress to reimburse the 
        account under paragraph (1), with respect to an allegation of 
        covered discrimination, or covered harassment, that is wholly 
        committed by an employee of the employing office involved.
    ``(f) Definitions.--In this section--
            ``(1) the term `appropriate committee' means--
                    ``(A) if the personal office of a Member of, or a 
                Committee of, the House of Representatives, or a joint 
                committee chaired by such a Member, seeks a payment 
                under subsection (d), or a Member of the House of 
                Representatives seeks a determination under subsection 
                (e), the Committee on Ethics of the House of 
                Representatives; and
                    ``(B) if the personal office of a Senator, or a 
                Committee of the Senate, or a joint committee chaired 
                by a Senator, seeks a payment under subsection (d), or 
                a Senator seeks a determination under subsection (e), 
                the Senate Select Committee on Ethics;
            ``(2) the term `covered discrimination or covered 
        harassment by a Member of Congress' means--
                    ``(A) covered discrimination that was committed 
                personally by a Member of Congress;
                    ``(B) quid pro quo covered harassment that was 
                committed personally by a Member of Congress; and
                    ``(C) hostile environment covered harassment if a 
                Member of Congress personally committed--
                            ``(i) severe conduct that created a hostile 
                        environment; or
                            ``(ii) at least one act that was part of 
                        pervasive conduct that created a hostile 
                        environment; and
            ``(3) the term `nonreimbursement determination' means a 
        determination from the appropriate committee that the Member 
        shall not be responsible for reimbursement under subsection 
        (a).''.

SEC. 216. CONFIDENTIALITY.

    Section 416 of the Congressional Accountability Act of 1995 (2 
U.S.C. 1416) is amended--
            (1) in subsection (f)--
                    (A) by striking ``or in favor of the charging party 
                under section 210,''; and
                    (B) by striking ``or charging party''; and
            (2) by adding at the end the following:
    ``(g) Clarification.--Nothing in this Act shall be construed to 
prohibit any covered employee from disclosing information that forms 
the basis of the covered employee's allegation of covered 
discrimination or covered harassment, if the information contained in 
the allegation was not obtained in a confidential proceeding.''.

SEC. 217. OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS.

    (a) References.--Paragraphs (1), (2), (5)(H), (12)(D), (13), (14), 
and (15) of section 101 (as redesignated by section 201 of this Act), 
sections 210(a)(9), 215(e)(1), 220(e)(2)(G), and 301(a), and paragraphs 
(4) and (5) of section 304(c) of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1301, 1331(a)(9), 1341(e)(1), 1351(e)(2)(G), 1381(a), 
1384(c)) are amended by striking ``Office of Compliance'' and inserting 
``Office of Congressional Workplace Rights''.
    (b) Headings.--Title III of the Congressional Accountability Act of 
1995 (2 U.S.C. 1381 et seq.) is amended by striking the headings for 
title III and section 301 and inserting the following:

         ``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

``SEC. 301. ESTABLISHMENT OF OFFICE OF CONGRESSIONAL WORKPLACE 
              RIGHTS.''.

SEC. 218. APPLICATION OF CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 TO 
              THE LIBRARY OF CONGRESS.

    (a) Application.--
            (1) Application through definitions.--
                    (A) In general.--Section 101 of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1301), as 
                redesignated by section 201 of this Act, is amended--
                            (i) in paragraph (5)--
                                    (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 (12)--
                                    (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(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--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``either'';
                    (B) in subparagraph (A), by striking ``, or'' at 
                the end and inserting a semicolon;
                    (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 a Library claimant (as defined 
                in section 404(d)), 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), as amended by 
        section 210 of this Act, is further amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``, or'' 
                        at the end and inserting a semicolon;
                            (ii) in paragraph (2), by striking the 
                        period and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(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.'';
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A), by 
                                striking ``or'' at the end;
                                    (II) in subparagraph (B), by 
                                striking ``and'' at the end; and
                                    (III) by adding at the end the 
                                following:
                    ``(C) 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
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``or'' at the end;
                                    (II) in subparagraph (B), by 
                                striking the period and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                    ``(C) 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
                    (C) 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.
    ``(d) 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) Prospective Applicability.--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(d) 
                of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1404(d) (as added by subsection (b)).

SEC. 219. CONFORMING AMENDMENTS.

    The table of contents in section 1(b) the Congressional 
Accountability Act of 1995 is amended--
            (1) by striking the item relating to the part heading for 
        part A of title II and inserting the following:

  ``Part A--Employment Discrimination, Family and Medical Leave, and 
                   Other Protections and Benefits'';

            (2) in the items relating to part E of title II, by adding 
        at the end the following:

``Sec. 226. Notices.'';
        and
            (3) by striking the items relating to the title heading for 
        title III, and section 301, and inserting the following:

         ``TITLE III--OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

``Sec. 301. Establishment of Office of Congressional Workplace 
                            Rights.''.
                                 <all>