Sec. 101. DEFINITIONS

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## SEC. 101 DEFINITIONS **[**[2 U.S.C. 1301](/us/usc/t2/s1301)**]** ###

(a)In General Except as otherwise specifically provided in this Act, as used in this Act: ####

(1)Board The term “**Board**” means the Board of Directors of the Office of Congressional Workplace Rights. ####

(2)Chair The term “**Chair**” means the Chair of the Board of Directors of the Office of Congressional 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 Accessibility Services; #####

(D)the Capitol Police; #####

(E)the Congressional Budget Office; #####

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

(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 section 220; 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 Architect of the Capitol**” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden1. 1Section 1(g)(1) of Public Law 110–279 provided that section 101(5) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(5)) is amended by striking “**, the Botanic Garden, or the Senate Restaurant**” and inserting “**or the Botanic Garden**”. Probably should have struck “**, the Botanic Garden, or the Senate Restaurant[s]**”. The amendment was executed to reflect the probable intent of Congress. ####

(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 Representatives**” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives2, 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). 2Effective on June 21, 2019, section 302(b) of Public Law 115–397 provides for an amendment to strike “**disbursed by the Clerk of the House of Representatives**” and insert “**disbursed by the Chief Administrative Officer of the House of Representatives**”. Such amendment was carried out, but it probably should have been made to subsection (a)(7) (as amended by section 305(a)(1) of such Public Law). ####

(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). ####

(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 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; #####

(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 220. ####

(10)Executive director The term “**Executive Director**” means the Executive Director of the Office of Congressional Workplace Rights. ####

(11)General counsel The term “**General Counsel**” means the General Counsel of the Office of Congressional Workplace Rights. ####

(12)Office The term “**Office**” means the Office of Congressional Workplace Rights. ### (b)3 Clarification of Coverage of Employees of Certain Commissions ####

(1)Coverage 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 Act; and #####

(B)the Commission shall be considered an employing office for purposes of this Act. 3Section 805(b) of Public Law 116–94 (133 Stat. 3077) provides for amendments to subsection (b), however, the reference to the amended law probably should have included “**of 1995**” after “**Congressional Accountability Act**”. The amendments were executed to reflect the probable intent of Congress. ####

(2)Authority to provide legal assistance and representation #####

(A)Subject to paragraph (3), legal assistance and representation under this Act, including assistance and representation with respect to the proposal or acceptance of the disposition of a claim under this Act, 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 title IV (including all subsequent proceedings under such title 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 title 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 title IV (including all subsequent proceedings under such title 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 title IV related to the initial claim where the subsequent claim involves the same parties. ##### (B)4 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). 4Margin so in law. See amendment made by section 805 (b)(2)(C) of division J of Public Law 116-94. ####

(3)Definitions In this subsection— #####

(A)the term “**China Review Commission**” means the United States-China Economic and Security Review Commission established under section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 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.); #####

(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 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.).

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