2 U.S.C. § 1301 — Definitions

Page 305 TITLE 2—THE CONGRESS § 1301 Sec. 1403. Mediation. 1404. Repealed. 1405. Hearing. 1406. Appeal to Board. 1407. Judicial review of Board decisions and en- forcement. 1408. Civil action. 1409. Judicial review of regulations. 1410. Other judicial review prohibited. 1411. Effect of failure to issue regulations. 1412. Expedited review of certain appeals. 1413. Privileges and immunities. 1414. Settlement. 1415. Payments. 1416. Confidentiality. 1417. Option to request remote work assignment or paid leave of absence during pendency of procedures. SUBCHAPTER V—MISCELLANEOUS PROVISIONS 1431. Exercise of rulemaking powers. 1432. Political affiliation and place of residence. 1433. Nondiscrimination rules of House and Senate. 1434. Judicial branch coverage study. 1435. Savings provisions. 1436. Repealed. 1437. Sense of Senate regarding adoption of sim- plified and streamlined acquisition proce- dures for Senate acquisitions. 1437a. Training and education programs of employ- ing offices. 1437b. Support for out-of-area covered employees. 1438. Severability. SUBCHAPTER I—GENERAL § 1301. Definitions (a) In general Except as otherwise specifically provided in this chapter, as used in this chapter: (1) Board The term ‘‘Board’’ means the Board of Direc- tors of the Office of Congressional Workplace Rights. (2) Chair The term ‘‘Chair’’ means the Chair of the Board of Directors of the Office of Congres- sional Workplace Rights. (3) Covered employee The term ‘‘covered employee’’ means any employee of— (A) the House of Representatives; (B) the Senate; (C) the Office of Congressional Accessi- bility Services; (D) the Capitol Police; (E) the Congressional Budget Office; (F) the Office of the Architect of the Cap- itol; (G) the Office of the Attending Physician; (H) the Office of Congressional Workplace Rights; (I) the Office of Technology Assessment; (J) the Library of Congress, except for sec- tion 1351 of this title; or (K) the John C. Stennis Center for Public Service Training and Development. (4) Employee The term ‘‘employee’’ includes an applicant for employment and a former employee. (5) Employee of the Office of the Architect of the Capitol The term ‘‘employee of the Office of the Ar- chitect of the Capitol’’ includes any employee of the Office of the Architect of the Capitol or the Botanic Garden. (6) Employee of the Capitol Police The term ‘‘employee of the Capitol Police’’ includes any member or officer of the Capitol Police. (7) Employee of the House of Representatives The term ‘‘employee of the House of Rep- resentatives’’ includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official des- ignated by the House of Representatives, or any employment position in an entity that is paid with funds derived from the clerk-hire al- lowance of the House of Representatives but not any such individual employed by any enti- ty listed in subparagraphs (C) through (K) of paragraph (3). (8) Employee of the Senate The term ‘‘employee of the Senate’’ includes any employee whose pay is disbursed by the Secretary of the Senate, but not any such in- dividual employed by any entity listed in sub- paragraphs (C) through (K) of paragraph (3). (9) Employing office The term ‘‘employing office’’ means— (A) the personal office of a Member of the House of Representatives or of a Senator; (B) a committee of the House of Represent- atives or the Senate or a joint committee; (C) any other office headed by a person with the final authority to appoint, hire, dis- charge, and set the terms, conditions, or privileges of the employment of an employee of the House of Representatives or the Sen- ate; (D) the Office of Congressional Accessi- bility Services, the United States Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Of- fice of the Attending Physician, the Office of Congressional Workplace Rights, the Office of Technology Assessment, and the John C. Stennis Center for Public Service Training and Development; or (E) the Library of Congress, except for sec- tion 1351 of this title. (10) Executive Director The term ‘‘Executive Director’’ means the Executive Director of the Office of Congres- sional Workplace Rights. (11) General Counsel The term ‘‘General Counsel’’ means the Gen- eral Counsel of the Office of Congressional Workplace Rights. (12) Office The term ‘‘Office’’ means the Office of Con- gressional Workplace Rights. (b) Clarification of coverage of employees of cer- tain commissions (1) Coverage With respect to the United States Commis- sion on International Religious Freedom, the China Review Commission, the Congressional- Page 306 TITLE 2—THE CONGRESS § 1301 Executive China Commission, and the Helsinki Commission— (A) any individual who is an employee of such Commission shall be considered a cov- ered employee for purposes of this chapter; and (B) the Commission shall be considered an employing office for purposes of this chap- ter. (2) Authority to provide legal assistance and representation (A) Subject to paragraph (3), legal assistance and representation under this chapter, includ- ing assistance and representation with respect to the proposal or acceptance of the disposi- tion of a claim under this chapter, shall be provided to the China Review Commission, the Congressional-Executive China Commission, and the Helsinki Commission— (i) by the Office of House Employment Counsel of the House of Representatives, in the case of assistance and representation in connection with a claim filed under sub- chapter IV (including all subsequent pro- ceedings under such subchapter in connec- tion with the claim) at a time when the chair of the Commission is a Member of the House, and in the case of assistance and rep- resentation in connection with any subse- quent claim under subchapter IV related to the initial claim where the subsequent claim involves the same parties; or (ii) by the Office of Senate Chief Counsel for Employment of the Senate, in the case of assistance and representation in connection with a claim filed under subchapter IV (in- cluding all subsequent proceedings under such subchapter in connection with the claim) at a time when the chair of the Com- mission is a Senator, and in the case of as- sistance and representation in connection with any subsequent claim under subchapter IV related to the initial claim where the subsequent claim involves the same parties. (B) Legal assistance and representation under this chapter, including assistance and representation with respect to the proposal or acceptance of the disposition of a claim under this chapter, shall be provided to the United States Commission on International Religious Freedom by the Office of Senate Chief Counsel for Employment of the Senate, in the case of assistance and representation in connection with a claim filed under subchapter IV (includ- ing all subsequent proceedings under such sub- chapter in connection with such claim). (3) Definitions In this subsection— (A) the term ‘‘China Review Commission’’ means the United States-China Economic and Security Review Commission estab- lished under section 7002 of title 22, as en- acted into law by section 1 of Public Law 106–398; (B) the term ‘‘Congressional-Executive China Commission’’ means the Congressional–Executive Commission on the People’s Republic of China established under title III of the U.S.–China Relations Act of 2000 (Public Law 106–286; 22 U.S.C. 6911 et seq.); (C) the term ‘‘Helsinki Commission’’ means the Commission on Security and Co- operation in Europe established under the Act entitled ‘‘An Act to establish a Commis- sion on Security and Cooperation in Eu- rope’’, approved June 3, 1976 (Public Law 94–304; 22 U.S.C. 3001 et seq.); and (D) the term ‘‘United States Commission on International Religious Freedom’’ means the Commission established under section 6431 of title 22. (Pub. L. 104–1, title I, § 101, Jan. 23, 1995, 109 Stat. 4; Pub. L. 110–279, § 1(g)(1), July 17, 2008, 122 Stat. 2609; Pub. L. 110–437, title IV, § 422(b)(1), (2), Oct. 20, 2008, 122 Stat. 4996; Pub. L. 111–145, § 2(a)(5)(A), Mar. 4, 2010, 124 Stat. 50; Pub. L. 115–141, div. I, title I, § 153(a)(1)(A), Mar. 23, 2018, 132 Stat. 785; Pub. L. 115–397, title III, §§ 302(b), 305(a)–(c), 308(b)(1)–(7), Dec. 21, 2018, 132 Stat. 5321, 5323, 5324, 5326; Pub. L. 116–94, div. J, title VIII, § 805(b), Dec. 20, 2019, 133 Stat. 3077.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. The U.S.–China Relations Act of 2000, referred to in subsec. (b)(3)(B), is div. B of Pub. L. 106–286, Oct. 10, 2000, 114 Stat. 891. Title III of the Act is classified to subchapter II (§ 6911 et seq.) of chapter 77 of Title 22, Foreign Relations and Intercourse. For complete clas- sification of this Act to the Code, see Short Title note set out under section 6901 of Title 22 and Tables. AMENDMENTS 2019—Subsec. (b)(1). Pub. L. 116–94, § 805(b)(1), inserted ‘‘the United States Commission on International Reli- gious Freedom,’’ after ‘‘With respect to’’ in introduc- tory provisions. Subsec. (b)(2). Pub. L. 116–94, § 805(b)(2), inserted sub- par. (A) designation before ‘‘Subject to paragraph (3),’’, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B). Subsec. (b)(3)(D). Pub. L. 116–94, § 805(b)(3), added sub- par. (D). 2018—Pub. L. 115–397, § 305(a), designated existing pro- visions as subsec. (a), inserted heading, and added sub- sec. (b). Subsec. (a). Pub. L. 115–397, § 308(b)(1)–(7), substituted ‘‘Office of Congressional Workplace Rights’’ for ‘‘Office of Compliance’’ wherever appearing. Par. (3)(J). Pub. L. 115–141, § 153(a)(1)(A)(i), added sub- par. (J). Par. (3)(J) subsequently redesignated subsec. (a)(3)(J). Subsec. (a)(3)(K). Pub. L. 115–397, § 305(b)(1), added subpar. (K). Subsec. (a)(7). Pub. L. 115–397, § 305(c), substituted ‘‘subparagraphs (C) through (K)’’ for ‘‘subparagraphs (C) through (I)’’. Pub. L. 115–397, § 302(b), substituted ‘‘disbursed by the Chief Administrative Officer of the House of Represent- atives’’ for ‘‘disbursed by the Clerk of the House of Rep- resentatives’’. Amendment, which was directed to par. (7), was executed to subsec. (a)(7) to reflect the inter- vening redesignation made by section 305(a) of Pub. L. 115–397. See above. Subsec. (a)(8). Pub. L. 115–397, § 305(c), substituted ‘‘subparagraphs (C) through (K)’’ for ‘‘subparagraphs (C) through (I)’’. Subsec. (a)(9)(D). Pub. L. 115–397, § 305(b)(2), sub- stituted ‘‘the Office of Technology Assessment, and the Page 307 TITLE 2—THE CONGRESS § 1302 John C. Stennis Center for Public Service Training and Development’’ for ‘‘and the Office of Technology As- sessment’’. Par. (9)(E). Pub. L. 115–141, § 153(a)(1)(A)(ii), added subpar. (E). Par. (9)(E) subsequently redesignated sub- sec. (a)(9)(E). 2010—Par. (9)(D). Pub. L. 111–145 substituted ‘‘the United States Capitol Police,’’ for ‘‘the Capitol Police Board,’’. 2008—Par. (3)(C). Pub. L. 110–437, § 422(b)(1), sub- stituted ‘‘the Office of Congressional Accessibility Services;’’ for ‘‘the Capitol Guide Service;’’. Par. (5). Pub. L. 110–279, which directed substitution of ‘‘or the Botanic Garden’’ for ‘‘, the Botanic Garden, or the Senate Restaurant’’, was executed by making the substitution for ‘‘, the Botanic Garden, or the Sen- ate Restaurants’’ to reflect the probable intent of Con- gress. Par. (9)(D). Pub. L. 110–437, § 422(b)(2), substituted ‘‘the Office of Congressional Accessibility Services,’’ for ‘‘the Capitol Guide Board,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–397, title III, § 305(d), Dec. 21, 2018, 132 Stat. 5324, provided that: ‘‘The amendments made by this section [amending this section] shall take effect as if included in the enactment of the Congressional Ac- countability Act of 1995 [Pub. L. 104–1].’’ Amendment by section 308(b) of Pub. L. 115–397 effec- tive Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other offi- cial paper in effect as of such date to be considered to refer and apply to the Office of Congressional Work- place Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title. Pub. L. 115–397, title IV, § 401, Dec. 21, 2018, 132 Stat. 5327, provided that: ‘‘(a) IN GENERAL.—Except as otherwise provided in this Act [See Short Title of 2018 Amendment note below], this Act and the amendments made by this Act shall take effect upon the expiration of the 180-day pe- riod which begins on the date of the enactment of this Act [Dec. 21, 2018]. ‘‘(b) NO EFFECT ON PENDING PROCEEDINGS.—Nothing in this Act or the amendments made by this Act may be construed to affect any proceeding or payment of an award or settlement relating to a claim under title IV of the Congressional Accountability Act of 1995 (2 U.S.C. 1401 et seq.) which is pending as of the date after that 180-day period. If, as of that date, an employee has begun any of the proceedings under that title that were available to the employee prior to that date, the em- ployee may complete, or initiate and complete, all such proceedings, and such proceedings shall remain in ef- fect with respect to, and provide the exclusive pro- ceedings for, the claim involved until the completion of all such proceedings.’’ Pub. L. 115–141, div. I, title I, § 153(c), Mar. 23, 2018, 132 Stat. 787, provided that: ‘‘This section [amending this section and sections 1314 to 1316, 1331, 1341, 1351, 1401, 1404, and 1415 of this title] and the amendments made by this section— ‘‘(1) shall take effect on the date of enactment of this section [Mar. 23, 2018]; 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 Con- gressional Accountability Act of 1995 (2 U.S.C. 1311 et seq.) [2 U.S.C. 1311, 1312, 1313, 1317, 1331]; or ‘‘(B) a direct provision as defined in section 404(a) of the Congressional Accountability Act of 1995 (2 U.S.C. 1404[(a)]) (as added by subsection (b)).’’ EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–437, title IV, § 422(d), Oct. 20, 2008, 122 Stat. 4997, provided that: ‘‘The amendments made by this section [amending this section and sections 1331 and 1341 of this title and section 2107 of Title 5, Government Organization and Employees, and repealing section 2166 of this title] shall take effect on the transfer date [first day of first pay period (applicable to employees trans- ferred under section 2241 of this title) on or after 30 days after Oct. 20, 2008, see section 2261 of this title].’’ Amendment by Pub. L. 110–279 effective July 17, 2008, and applicable to remainder of fiscal year in which en- acted and each fiscal year thereafter, see section 2051(i) of this title. SHORT TITLE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title XI, § 1103(a), Jan. 1, 2021, 134 Stat. 3886, provided that: ‘‘This section [amending section 1312 of this title, section 412 of Title 3, The President, sections 6301, 6381, and 6382 of Title 5, Gov- ernment Organization and Employees, section 7425 of Title 38, Veterans’ Benefits, and section 40122 of Title 49, Transportation, and enacting provisions set out as notes under section 1312 of this title, section 412 of Title 3, section 7425 of Title 38, and section 40122 of Title 49] may be cited as the ‘Paid Parental Leave Technical Corrections Act of 2020’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–397, § 1(a), Dec. 21, 2018, 132 Stat. 5297, pro- vided that: ‘‘This Act [enacting sections 1362, 1388, 1402a, 1417, 1437a, and 1437b of this title, amending this section and sections 1302, 1311, 1331, 1341, 1351, 1361, 1381, 1382, 1384, 1401 to 1405, 1408, 1414 to 1416, 1431, and 1438 of this title and section 8437 of Title 5, Government Orga- nization and Employees, and enacting provisions set out as notes under this section and sections 1331, 1381, and 1415 of this title] may be cited as the ‘Congres- sional Accountability Act of 1995 Reform Act’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–6, § 1, Mar. 20, 2015, 129 Stat. 81, provided that: ‘‘This Act [amending sections 1403, 1404, and 1416 of this title and enacting provisions set out as notes under sections 1381 and 1403 of this title] may be cited as the ‘Office of Compliance Administrative and Tech- nical Corrections Act of 2015’.’’ SHORT TITLE Pub. L. 104–1, § 1(a), Jan. 23, 1995, 109 Stat. 3, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 1201, 1202, 1219, 1220, and 1831 of this title, section 6381 of Title 5, Government Organization and Employ- ees, sections 203, 633a, 2611, and 2617 of Title 29, Labor, and sections 2000e–16 and 12209 of Title 42, The Public Health and Welfare, repealing sections 60m, 60n, 1203 to 1218, 1221, 1223, and 1224 of this title, and enacting provi- sions set out as a note under section 751 of Title 31, Money and Finance] may be cited as the ‘Congressional Accountability Act of 1995’.’’ CONSTRUCTION OF 2010 AMENDMENT Pub. L. 111–145, § 2(a)(5)(B), Mar. 4, 2010, 124 Stat. 50, provided that: ‘‘Nothing in the amendment made by subparagraph (A) [amending this section] may be con- strued to affect any procedure initiated under title IV of the Congressional Accountability Act of 1995 [2 U.S.C. 1401 et seq.] prior to the date of the enactment of this Act [Mar. 4, 2010].’’ § 1302. Application of laws (a) Laws made applicable The following laws shall apply, as prescribed by this chapter, to the legislative branch of the Federal Government: (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). (3) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).