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2 U.S.C. § 1301

Section 1301 · Definitions

Current version, with additions and removals from the December 21, 2018 version.

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Current — December 20, 2019
As of December 21, 2018
(a) In general
(a) In general

Except as otherwise specifically provided in this chapter, as used in this chapter:

Except as otherwise specifically provided in this chapter, as used in this chapter:

(1) Board

(1) Board

The term "Board" means the Board of Directors of the Office of Congressional Workplace Rights.

The term "Board" means the Board of Directors of the Office of Congressional Workplace Rights.

(2) Chair

(2) Chair

The term "Chair" means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.

The term "Chair" means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.

(3) Covered employee

(3) Covered employee

The term "covered employee" means any employee of—

The term "covered employee" means any employee of—

(A) the House of Representatives;

(A) the House of Representatives;

(B) the Senate;

(B) the Senate;

(C) the Office of Congressional Accessibility Services;

(C) the Office of Congressional Accessibility Services;

(D) the Capitol Police;

(D) the Capitol Police;

(E) the Congressional Budget Office;

(E) the Congressional Budget Office;

(F) the Office of the Architect of the Capitol;

(F) the Office of the Architect of the Capitol;

(G) the Office of the Attending Physician;

(G) the Office of the Attending Physician;

(H) the Office of Congressional Workplace Rights;

(H) the Office of Congressional Workplace Rights;

(I) the Office of Technology Assessment;

(I) the Office of Technology Assessment;

(J) the Library of Congress, except for section 1351 of this title; or

(J) the Library of Congress, except for section 1351 of this title; or

(K) the John C. Stennis Center for Public Service Training and Development.

(K) the John C. Stennis Center for Public Service Training and Development.

(4) Employee

(4) Employee

The term "employee" includes an applicant for employment and a former employee.

The term "employee" includes an applicant for employment and a former employee.

(5) Employee of the Office of the Architect of the Capitol

(5) Employee of the Office of the Architect of the Capitol

The term "employee of the Office of the Architect of the Capitol" includes any employee of the Office of the Architect of the Capitol or the Botanic Garden.

The term "employee of the Office of the Architect 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

(6) Employee of the Capitol Police

The term "employee of the Capitol Police" includes any member or officer 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

(7) Employee of the House of Representatives

The term "employee of the House of Representatives" includes an individual occupying a position the pay for which is disbursed by the Clerk of the House of Representatives, or another official designated by the House of Representatives, or any employment position in an entity that is paid with funds derived from the clerk-hire allowance of the House of Representatives but not any such individual employed by any entity listed in subparagraphs (C) through (K) of paragraph (3).
The term "employee of the House of Representatives" 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 designated by the House of Representatives, or any employment position in an entity that is paid with funds derived from the clerk-hire allowance of the House of Representatives but not any such individual employed by any entity listed in subparagraphs (C) through (K) of paragraph (3).

(8) Employee of the Senate

(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 individual employed by any entity listed in subparagraphs (C) through (K) of paragraph (3).

The term "employee of the Senate" includes any employee whose pay is disbursed by the Secretary of the Senate, but not any such individual employed by any entity listed in subparagraphs (C) through (K) of paragraph (3).

(9) Employing office

(9) Employing office

The term "employing office" means—

The term "employing office" means—

(A) the personal office of a Member of the House of Representatives or of a Senator;

(A) the personal office of a Member of the House of Representatives or of a Senator;

(B) a committee of the House of Representatives or the Senate or a joint committee;

(B) a committee of the House of Representatives or the Senate or a joint committee;

(C) any other office headed by a person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an employee of the House of Representatives or the Senate;

(C) any other office headed by a person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an employee of the House of Representatives or the Senate;

(D) the Office of Congressional Accessibility Services, the United States Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office 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

(D) the Office of Congressional Accessibility Services, the United States Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office 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 section 1351 of this title.

(E) the Library of Congress, except for section 1351 of this title.

(10) Executive Director

(10) Executive Director

The term "Executive Director" means the Executive Director of the Office of Congressional Workplace Rights.

The term "Executive Director" means the Executive Director of the Office of Congressional Workplace Rights.

(11) General Counsel

(11) General Counsel

The term "General Counsel" means the General Counsel of the Office of Congressional Workplace Rights.

The term "General Counsel" means the General Counsel of the Office of Congressional Workplace Rights.

(12) Office

(12) Office

The term "Office" means the Office of Congressional Workplace Rights.

The term "Office" means the Office of Congressional Workplace Rights.

(b) Clarification of coverage of employees of certain commissions
(b) Clarification of coverage of employees of certain commissions

(1) Coverage

(1) Coverage

With respect to the China Review Commission, the Congressional-Executive China Commission, and the Helsinki Commission—
With respect to the United States Commission on International Religious Freedom, the China Review Commission, the Congressional-Executive China Commission, and the Helsinki Commission—

(A) any individual who is an employee of such Commission shall be considered a covered employee for purposes of this chapter; and

(A) any individual who is an employee of such Commission shall be considered a covered employee for purposes of this chapter; and

(B) the Commission shall be considered an employing office for purposes of this chapter.

(B) the Commission shall be considered an employing office for purposes of this chapter.

(2) Authority to provide legal assistance and representation

(2) Authority to provide legal assistance and representation

Subject to paragraph (3), 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 China Review Commission, the Congressional-Executive China Commission, and the Helsinki Commission—
(A) Subject to paragraph (3), 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 China Review Commission, the Congressional-Executive China Commission, and the Helsinki Commission—
(A) 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 subchapter IV (including all subsequent proceedings under such subchapter in connection 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 representation in connection with any subsequent claim under subchapter IV related to the initial claim where the subsequent claim involves the same parties; or
(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 subchapter IV (including all subsequent proceedings under such subchapter in connection 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 representation in connection with any subsequent claim under subchapter IV related to the initial claim where the subsequent claim involves the same parties; or
(B) 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 (including all subsequent proceedings under such subchapter in connection with the claim) at a time when the chair of the Commission is a Senator, and in the case of assistance and representation in connection with any subsequent claim under subchapter IV related to the initial claim where the subsequent claim involves the same parties.
(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 (including all subsequent proceedings under such subchapter in connection with the claim) at a time when the chair of the Commission is a Senator, and in the case of assistance 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 (including all subsequent proceedings under such subchapter in connection with such claim).

(3) Definitions

(3) Definitions

In this subsection—

In this subsection—

(A) the term "China Review Commission" means the United States-China Economic and Security Review Commission established under section 7002 of title 22, as enacted into law by section 1 of Public Law 106–398;

(A) the term "China Review Commission" means the United States-China Economic and Security Review Commission established under section 7002 of title 22, as enacted 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.); and
(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 Cooperation in Europe established under the Act entitled "An Act to establish a Commission on Security and Cooperation in Europe", approved June 3, 1976 (Public Law 94–304; 22 U.S.C. 3001 et seq.).
(C) the term "Helsinki Commission" means the Commission on Security and Cooperation in Europe established under the Act entitled "An Act to establish a Commission on Security and Cooperation in Europe", 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.

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