42 U.S.C. § 12209 — Instrumentalities of Congress

Page 8270 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12209 1 So in original. The comma probably should not appear. (Pub. L. 101–336, title V, § 509, formerly § 508, July 26, 1990, 104 Stat. 373; renumbered § 509, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. PRIOR PROVISIONS A prior section 509 of Pub. L. 101–336 was renumbered section 510 and is classified to section 12209 of this title. § 12209. Instrumentalities of Congress The Government Accountability Office, the Government Publishing Office, and the Library of Congress shall be covered as follows: (1) In general The rights and protections under this chap- ter shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress. (2) Establishment of remedies and procedures by instrumentalities The chief official of each instrumentality of the Congress shall establish remedies and pro- cedures to be utilized with respect to the rights and protections provided pursuant to paragraph (1). (3) Report to Congress The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures. (4) Definition of instrumentalities For purposes of this section, the term ‘‘in- strumentality of the Congress’’ means the fol- lowing:,1 the Government Accountability Of- fice, the Government Publishing Office, and the Library of Congress,.1 (5) Enforcement of employment rights The remedies and procedures set forth in section 2000e–16 of this title shall be available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under sections 12112 through 12114 of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress. (6) Enforcement of rights to public services and accommodations The remedies and procedures set forth in section 2000e–16 of this title shall be available to any qualified person with a disability who is a visitor, guest, or patron of an instrumen- tality of Congress and who alleges a violation of the rights and protections under sections 12131 through 12150 of this title or section 12182 or 12183 of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity Commis- sion shall be exercised by the chief official of the instrumentality of the Congress. (7) Construction Nothing in this section shall alter the en- forcement procedures for individuals with dis- abilities provided in the General Accounting Office Personnel Act of 1980 and regulations promulgated pursuant to that Act. (Pub. L. 101–336, title V, § 510, formerly § 509, July 26, 1990, 104 Stat. 373; Pub. L. 102–166, title III, § 315, Nov. 21, 1991, 105 Stat. 1095; Pub. L. 104–1, title II, §§ 201(c)(3), 210(g), Jan. 23, 1995, 109 Stat. 8, 16; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; renumbered § 510, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (1), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. The General Accounting Office Personnel Act of 1980, referred to in par. (7), is Pub. L. 96–191, Feb. 15, 1980, 94 Stat. 27, which was classified principally to section 52–1 et seq. of former Title 31, and which was substantially repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof prin- cipally in subchapters III (§ 731 et seq.) and IV (§ 751 et seq.) of chapter 7 of Title 31, Money and Finance. PRIOR PROVISIONS A prior section 510 of Pub. L. 101–336 was renumbered section 511 and is classified to section 12210 of this title. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in introductory provisions and in par. (4). 1995—Pub. L. 104–1, § 201(c)(3)(F), amended section catchline generally. Pub. L. 104–1, § 201(c)(3)(A), struck out subsecs. (a) and (b) which related to coverage of Senate and House of Representatives with respect to bans on employment discrimination and other discriminatory practices against individuals with disabilities. Pub. L. 104–1, § 201(c)(3)(B), substituted ‘‘The General Accounting Office, the Government Printing Office, and the Library of Congress shall be covered as fol- lows:’’ for subsec. (c) heading and designated subsec. (c) as entire section. Par. (2). Pub. L. 104–1, § 201(c)(3)(C), struck out at end ‘‘Such remedies and procedures shall apply exclusively, except for the employees who are defined as Senate em- ployees, in section 1201(c)(1) of title 2.’’ Par. (4). Pub. L. 104–1, § 201(c)(3)(D), struck out ‘‘the Architect of the Capitol, the Congressional Budget Of- fice’’ after ‘‘the following:’’, inserted ‘‘and’’ before ‘‘the Library of Congress’’, and struck out ‘‘the Office of Technology Assessment, and the United States Botanic Garden’’ before period at end. Pub. L. 104–1, § 201(c)(3)(D), which in part directed the substitution of ‘‘the term ‘instrumentality of the Con- gress’ means’’ for ‘‘the instrumentalities of the Con- gress include’’, was executed by making the substi- tution for ‘‘instrumentalities of the Congress include’’ to reflect the probable intent of Congress. Page 8271 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12210 Par. (5). Pub. L. 104–1, § 201(c)(3)(E), added par. (5). Former par. (5) redesignated (7). Par. (6). Pub. L. 104–1, § 210(g), which directed amend- ment of this section by adding par. (6), was executed by adding par. (6) after par. (5) to reflect the probable in- tent of Congress. Par. (7). Pub. L. 104–1, § 201(c)(3)(E), redesignated par. (5) as (7). 1991—Subsec. (a)(2). Pub. L. 102–166, § 315(1), redesig- nated par. (6) as (2) and struck out former par. (2) which read as follows: ‘‘APPLICATION TO SENATE EMPLOY- MENT.—The rights and protections provided pursuant to this chapter, the Civil Rights Act of 1990 (S. 2104, 101st Congress), the Civil Rights Act of 1964 [42 U.S.C. 2000a et seq.], the Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et seq.], and the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] shall apply with respect to employment by the United States Senate.’’ Subsec. (a)(3). Pub. L. 102–166, § 315(1), redesignated par. (7) as (3), substituted ‘‘(2)(A)’’ for ‘‘(2) and (6)(A)’’ and ‘‘(2)’’ for ‘‘(3), (4), (5), (6)(B), and (6)(C)’’, and struck out former par. (3) which read as follows: ‘‘INVESTIGA- TION AND ADJUDICATION OF CLAIMS.—All claims raised by any individual with respect to Senate employment, pursuant to the Acts referred to in paragraph (2), shall be investigated and adjudicated by the Select Com- mittee on Ethics, pursuant to S. Res. 338, 88th Con- gress, as amended, or such other entity as the Senate may designate.’’ Subsec. (a)(4), (5). Pub. L. 102–166, § 315(1), struck out pars. (4) and (5) which read as follows: ‘‘(4) RIGHTS OF EMPLOYEES.—The Committee on Rules and Administration shall ensure that Senate employees are informed of their rights under the Acts referred to in paragraph (2). ‘‘(5) APPLICABLE REMEDIES.—When assigning remedies to individuals found to have a valid claim under the Acts referred to in paragraph (2), the Select Committee on Ethics, or such other entity as the Senate may des- ignate, should to the extent practicable apply the same remedies applicable to all other employees covered by the Acts referred to in paragraph (2). Such remedies shall apply exclusively.’’ Subsec. (a)(6), (7). Pub. L. 102–166, § 315(1), redesig- nated pars. (6) and (7) as (2) and (3), respectively. Subsec. (c)(2). Pub. L. 102–166, § 315(2), inserted ‘‘, except for the employees who are defined as Senate employees, in section 1201(c)(1) of title 2’’ after ‘‘shall apply exclusively’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in introductory provi- sions and par. (4) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by section 201(c)(3) of Pub. L. 104–1 effec- tive 1 year after Jan. 23, 1995, see section 1311(e) of Title 2, The Congress. Amendment by section 210(g) of Pub. L. 104–1 effec- tive 1 year after transmission to Congress of study under section 1371 of Title 2, see section 1331(i)(2) of Title 2. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–166 effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102–166, set out as a note under section 1981 of this title. § 12210. Illegal use of drugs (a) In general For purposes of this chapter, the term ‘‘indi- vidual with a disability’’ does not include an in- dividual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. (b) Rules of construction Nothing in subsection (a) shall be construed to exclude as an individual with a disability an in- dividual who— (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabili- tation program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this chapter for a covered entity to adopt or admin- ister reasonable policies or procedures, includ- ing but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the ille- gal use of drugs. (c) Health and other services Notwithstanding subsection (a) and section 12211(b)(3) of this title, an individual shall not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the in- dividual is otherwise entitled to such services. (d) ‘‘Illegal use of drugs’’ defined (1) In general The term ‘‘illegal use of drugs’’ means the use of drugs, the possession or distribution of which is unlawful under the Controlled Sub- stances Act [21 U.S.C. 801 et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care profes- sional, or other uses authorized by the Con- trolled Substances Act or other provisions of Federal law. (2) Drugs The term ‘‘drug’’ means a controlled sub- stance, as defined in schedules I through V of section 202 of the Controlled Substances Act [21 U.S.C. 812]. (Pub. L. 101–336, title V, § 511, formerly § 510, July 26, 1990, 104 Stat. 375; renumbered § 511 and amended Pub. L. 110–325, § 6(a)(2), (3), Sept. 25, 2008, 122 Stat. 3558.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. The Controlled Substances Act, referred to in subsec. (d)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs.