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Act are classified generally to subchapters I (8 631 et the reconciliation bill or reconciliation resoluseq.) and II ($ 651 et seq.) of chapter 17A of this title.

tion reported pursuant to this subparagraph For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title

legislative language within the jurisdiction of and Tables.

the noncomplying committee to achieve the

amount of deficit reduction directed in such 8 907d. Special reconciliation process

instructions. (a) Reporting of resolutions and reconciliation bills

(5) Point of order and resolutions, in Senate

It shall not be in order in the Senate to con(1) Committee alternatives to Presidential order

sider any reconciliation bill or reconciliation After the submission of an OMB sequestra

resolution reported under paragraph (4) with tion update report under section 904 of this

respect to a fiscal year, any amendment title that envisions a sequestration under sec

thereto, or any conference report thereon if

(A) the enactment of such bill or resolu. tion 902 or 903 of this title, each standing committee of the Senate may, not later than

tion as reported; October 10, submit to the Committee on the

(B) the adoption and enactment of such

amendment; or Budget of the Senate information of the type described in section 632(d) of this title with

(C) the enactment of such bill or resolurespect to alternatives to the order envisioned

tion in the form recommended in such con

ference report, by such report insofar as such order affects laws within the jurisdiction of the committee. would cause the amount of the deficit for (2) Initial Budget Committee action

such fiscal year to exceed the maximum defiAfter the submission of such a report, the

cit amount for such fiscal year, unless the Committee on the Budget of the Senate may,

low-growth report submitted under section not later than October 15, report to the

904 of this title projects negative real ecoSenate a resolution. The resolution may

nomic growth for such fiscal year, or for each affirm the impact of the order envisioned by

of any two consecutive quarters during such

fiscal year. such report, in whole or in part. To the extent that any part is not affirmed, the reso- (6) Treatment of certain amendments lution shall state which parts are not af- In the Senate, an amendment which adds to firmed and shall contain instructions to com

a resolution reported under paragraph (2) an mittees of the Senate of the type referred to

instruction of the type referred to in such in section 641(a) of this title, sufficient to

paragraph shall be in order during the considachieve at least the total level of deficit re

eration of such resolution if such amendment duction contained in those sections which are

would be in order but for the fact that it not affirmed.

would be held to be non-germane on the basis (3) Response of committees

that the instruction constitutes new matter. Committees instructed pursuant to para- (7) “Day" defined graph (2), or affected thereby, shall submit their responses to the Budget Committee no

For purposes of paragraphs (1), (2), and (3),

the term "day" shall mean any calendar day later than 10 days after the resolution re

on which the Senate is in session. ferred to in paragraph (2) is agreed to, except that if only one such Committee is so in- (b) Procedures structed such Committee shall, by the same

(1) In general date, report to the Senate a reconciliation bill or reconciliation resolution containing its rec

Except as provided in paragraph (2), in the ommendations in response to such instruc

Senate the provisions of sections 636 and 641 tions. A committee shiull be considered to

of this title for the consideration of concurhave complied with all instructions to it pur

rent resolutions on the budget and conference suant to a resolutior adopted under para

reports thereon shall also apply to the considgraph (2) if it has nad recommendations

eration of resolutions, and reconciliation bills with respect to matters within its jurisdiction

and reconciliation resolutions reported under which would result in a reduction in the defi.

this paragraph and conference reports there

on. cit at least equal to the total reduction directed by such instructions.

(2) Limit on debate (4) Budget Committee action

Debate in the Senate on any resolution reUpon receipt of the recommendations re

ported pursuant to subsection (a)(2) of this ceived in response to a resolution referred to

section, and all amendments thereto and dein paragraph (2), the Budget Committee shall

batable motions and appeals in connection report to the Senate a reconciliation bill or

therewith, shall be limited to 10 hours. reconciliation resolution, or both, carrying (3) Limitation on amendments out all such recommendations without any

Section 641(d)(2) of this title shall apply to substantive revisions. In the event that a com

reconciliation bills and reconciliation resolumittee instructed in a resolution referred to

tions reported under this subsection. in paragraph (2) fails to submit any recommendation (or, when only one committee is

(4) Bills and resolutions received from the House instructed, fails to report a reconciliation bill Any bill or resolution received in the Senate or resolution) in response to such instruc- from the House, which is a companion to a tions, the Budget Committee shall include in reconciliation bill or reconciliation resolution

Page 119

TITLE 2–THE CONGRESS

8 1105

a resolt _ragraph iction of ieve the in such

to con iliation 4) with dment on ifresolu

of the Senate for the purposes of this subsection, shall be considered in the Senate pursuant to the provisions of this subsection. (5) “Resolution" defined

For purposes of this subsection, the term "resolution" means a simple, joint, or concur

rent resolution. (Pub. L. 99-177, title II, $ 258C, as added Pub. L. 101-508, title XIII, § 13101(g), Nov. 5, 1990, 104 Stat. 1388-600.)

TERMINATION OF SECTION For termination of section by section 14002(c)(3)(A) of Pub. L. 103–66, see Effective and Termination Dates note set out under section 900 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 641, 644 of this title.

101-508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388-581. Provisions relating to Presidential orders are contained in section 904(g)(5) of this title.

Section 907 of this title, referred to in subsec. (d)(1XA), was amended generally by Pub. L. 101-508, title XIII, § 13101(e)(1), Nov. 5, 1990, 104 Stat. 1388-591, and, as so amended, does not contain a par. (1).

Section 901 of this title, referred to in subsecs. (f)(1), (5), and (h), was amended generally by Pub. L. 101-508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388-577. Provisions relating to reports are contained in section 904 of this title.

Section 904 of this title, referred to in subsec. (f)(4), was amended generally by Pub. L. 101-508, title XIII, $ 13101(a), Nov. 5, 1990, 104 Stat. 1388-586, and, as so amended, does not contain a subsec. (a)(4).

i such

resolu

con

CHAPTER 21-CIVIC ACHIEVEMENT AWARD PROGRAM IN HONOR OF OFFICE OF SPEAK. ER OF HOUSE OF REPRESENTATIVES

88 1001 to 1004. Repealed. Pub. L. 101-483, Oct. 31,

1990, 104 Stat. 1166

for defi = the ction

eco each such

8 908. Modification of Presidential order

TERMINATION OF SECTION For termination of section by section 14002(c)(3)(A) of Pub. L. 103-66, see Effective and Termination Dates note set out under section 900 of this title.

REFERENCES IN TEXT Section 901 of this title, referred to in subsec. (a), was amended generally by Pub. L. 101-508, title XIII, $ 13101(a), Nov. 5, 1990, 104 Stat. 1388-577, and, as so amended, does not contain a subsec. (c). Provisions relating to reports by the Director of OMB are contained in section 904 of this title.

Section 902 of this title, referred to in subsecs. (a) and (bx3)(C)(ii), was amended generally by Pub. L. 101-508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388-581. Provisions relating to Presidential orders are contained in section 904(g)(5) of this title.

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Section 1001, Pub. L. 100-158, § 1, Nov. 9, 1987, 101 Stat. 896, related to support for Civic Achievement Award Program in Honor of Office of Speaker of House of Representatives.

Section 1002, Pub. L. 100-158, 82, Nov. 9, 1987, 101 Stat. 897; Pub. L. 101-118, $$ 2, 3, Oct. 17, 1989, 103 Stat. 698, related to a description of Civic Achievement Award Program conducted by Close Up Foundation, categories of awards, a national committee to advise Close Up Foundation, and participation by libraries.

Section 1003, Pub. L. 100-158, § 3, Nov. 9, 1987, 101 Stat. 897, related to audit and reporting requirements of Comptroller General and Close Up Foundation with regard to Civic Achievement Award Program.

Section 1004, Pub. L. 100-158, $ 4, Nov. 9, 1987, 101 Stat. 898; Pub. L. 101-118, § 1, Oct. 17, 1989, 103 Stat. 698, related to authorization of appropriations to carry out Civic Achievement Award Program.

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8 1106. Expenditures and audit of trust fund (a) In general

The Secretary of the Treasury is authorized to pay to the Center from the interest and earnings of the fund, and moneys credited to the fund pursuant to section 1108(a) of this title, such sums as the Board determines are necessary and appropriate to enable the Center to carry out the provisions of this chapter.

AMENDMENTS 1990--Subsec. (a)(6) to (11). Pub. L. 101-520 struck out "and" at end of par. (6), added pars. (7) to (11), and struck out former par. (7) which read as follows: "To make other necessary expenditures including official reception and representation expenses."

1989–Subsec. (a)(7). Pub. L. 101-163 substituted "To make other necessary expenditures including official reception and representation expenses" for "make other necessary expenditures”.

1210 1911 1212 1213

(See main edition for text of (6)] (As amended Pub. L. 101-520, title III, § 313(b), Nov. 5, 1990, 104 Stat. 2282.)

AMENDMENTS 1990–Subsec. (a). Pub. L. 101-520 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Secretary of the Treasury is authorized to pay to the Center from the interest and earnings of the fund such sums as the Board determines are necessary and appropriate to enable the Center to carry out the provisions of this chapter."

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81107. Executive Director of Center

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1920.

REVERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY

RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, $ 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5.

1931. 1942 1923. 1924.

CHAPTER 23_-GOVERNMENT EMPLOYEE

RIGHTS
Sec.
1201. Short title; purpose; definitions.

(a) Short title.
(b) Purpose.

(c) Definitions. 1202. Discriminatory practices prohibited. 1203. Establishment of Office of Senate Fair Em

ployment Practices.

(2) In general.
(b) Director.
(c) Staff of Office.
(d) Expenses of Office.
(e) Rules of Office.
(1) Representation by Senate Legal

Counsel. 1204. Senate procedure for consideration of al

leged violations. 1205. Step I: Counseling.

(8) In general.
(b) Period of counseling.
(c) Employees of Architect of Capitol

and Capitol Police. 1206. Step II: Mediation.

(a) In general.

(b) Mediation period. 1207. Step III: Formal complaint and hearing.

(a) Formal complaint and request for

hearing. (b) Hearing board. (c) Dismissal of frivolous claims. (d) Hearing. (e) Discovery. (f) Subpoena. (g) Decision. (h) Remedies. (1) Precedent and interpretations.

8 1108. Administrative provisions (a) In general

In order to carry out the provisions of this chapter, the Center may

[See main edition for text of (1) to (5)) (6) enter into contracts, grants, or other ar. rangements, or modifications thereof, to carry out the provisions of this chapter, and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds, and without regard to section 5 of title 41;

(7) make expenditures for official reception and representation expenses as well as expenditures for meals, entertainment and refreshments in connection with official training sessions or other authorized programs or activities;

(8) apply for, receive and use for the purposes of the Center grants or other assistance from Federal sources;

(9) establish, receive and use for the purposes of the Center fees or other charges for

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their public employment, to be free of discrimination on the basis of race, color, religion, sex, national origin, age, or disability. (c) Definitions

For purposes of this chapter: (1) Senate employee

The term "Senate employee" or "employee" means

(A) any employee whose pay is disbursed by the Secretary of the Senate;

(B) any employee of the Architect of the Capitol who is assigned to the Senate Restaurants or to the Superintendent of the Senate Office Buildings;

(C) any applicant for a position that will last 90 days or more and that is to be occupied by an individual described in subparagraph (A) or (B); or

(D) any individual who was formerly an employee described in subparagraph (A) or (B) and whose claim of a violation arises out

of the individual's Senate employment. (2) Head of employing office

The term "head of employing office" means the individual who ha final authority to appoint, hire, discharge, and set the terms, conditions or privileges of the Senate employment of an employee. (3) Violation

The term “violation" means a practice that violates section 1202 of this title. (Pub. L. 102-166, title III, § 301, Nov. 21, 1991, 105 Stat. 1088.)

d'To fficial make

PAY

3, 17, neral

Settlements and Awards Reserve appropriation account.

(a) Establishment.
(b) Payments from account.

(c) Authorization of appropriations. Review by Select Committee on Ethics.

(a) In general.
(b) Review.
(c) Remand.
(d) Final decision.

(e) Statement of reasons. Judicial review.

(a) In general.
(b) Law applicable.
(c) Standard of review.

(d) Attorney's fees.
Resolution of complaint.
Costs of attending hearings.
Prohibition of intimidation.
Confidentiality.

(a) Counseling.
(b) Mediation.
(c) Hearings.
(d) Final decision of Select Committee

on Ethics. (e) Release of records for judicial review. Exercise of rulemaking power. Political affiliation and place of residence.

(a) In general.

(b) “Employee" defined.
Other review.
Other instrumentalities of Congress.
Rule XLII of Standing Rules of Senate.

(a) Reaffirmation.

(b) Authority to discipline. Coverage of Presidential appointees.

(a) In general.

(b) Presidential appointee. Coverage of previously exempt State employees.

(a) Application.
(b) Enforcement

administrative
action.
(c) Judicial review.
(d) Standard of review.

(e) Attorney's fees. Severability. Repealed. Reports of Senate Committees. Intervention and expedited review of certain appeals.

(a) Intervention.
(b) Threshold matter.
(C) Appeal.

1214. 1215.

able

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REFERENCES IN TEXT This chapter, referred to in text, was in the original “this title”, meaning title III of Pub. L. 102-166, Nov. 21, 1991, 105 Stat. 1088, which is classified generally to this chapter. For complete classification of title III to the Code, see Tables.

1221. 1222. 1223. 1224.

EFFECTIVE DATE Chapter effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102-166, set out as an Effective Date of 1991 Amendment note under section 1981 of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

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This section is referred to in sections 601, 60m of this title; title 42 section 12209.

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8 1202. Discriminatory practices prohibited

All personnel actions affecting employees of the Senate shall be made free from any discrimination based on

(1) race, color, religion, sex, or national origin, within the meaning of section 2000e-16 of title 42;

(2) age, within the meaning of section 633a of title 29; or

(3) handicap or disability, within the meaning of section 791 of title 29 and sections

12112 to 12114 of title 42. (Pub. L. 102-166, title III, § 302, Nov. 21, 1991, 105 Stat. 1088.)

'80 in original. Probably should be capitalized.

75-801 O - 94 – 6: QL3

SECTION REFERRED TO IN OTHER SECTIONS

(2) Detailees This section is referred to in sections 1201, 1207, 1214, 1216, 1219, 1220 of this title.

The Director may, with the prior consent of

the Government department or agency con8 1203. Establishment of Office of Senate Fair Em

cerned and the Committee on Rules and Adployment Practices

ministration, use on & reimbursable or non

reimbursable basis the services of any such (a) In general

department or agency, including the services There is established, as an office of the

of members or personnel of the General AcSenate, the Office of Senate Fair Employment

counting Office Personnel Appeals Board. Practices (referred to in this chapter as the (3) Consultants "Office"), which shall(1) administer the processes set forth in sec

In carrying out the functions of the Office, tions 1205 through 1207 of this title;

the Director may procure the temporary (not

to exceed 1 year) or intermittent services of (2) implement programs for the Senate to

individual consultants, or organizations thereheighten awareness of employee rights in

of, in the same manner and under the same order to prevent violations from occurring.

conditions as a standing committee of the (b) Director

Senate may procure such services under sec(1) In general

tion 72a(i) of this title. The Office shall be headed by a Director (d) Expenses of Office (referred to in this chapter as the “Director") In fiscal year 1992, the expenses of the Office who shall be appointed by the President pro shall be paid out of the Contingent Fund of the tempore, upon the recommendation of the

Senate from the appropriation account MiscelMajority Leader in consultation with the Mi- laneous Items. Beginning in fiscal year 1993, nority Leader. The appointment shall be and for each fiscal year thereafter, there is aumade without regard to political affiliation thorized to be appropriated for the expenses of and solely on the basis of fitness to perform the Office such sums as shall be necessary to the duties of the position. The Director shall carry out its functions. In all cases, expenses be appointed for a term of service which shall shall be paid out of the Contingent Fund of the expire at the end of the Congress following Senate upon vouchers approved by the Directhe Congress during which the Director is ap- tor, except that a voucher shall not be required pointed. A Director may be reappointed at forthe termination of any term of service. The (1) the disbursement of salaries of employPresident pro tempore, upon the joint recom- ees who are paid at an annual rate; mendation of the Majority Leader in consul- (2) the payment of expenses for telecomtation with the Minority Leader, may remove munications services provided by the Telethe Director at any time.

communications Department, Sergeant at (2) Salary

Arms, United States Senate;

(3) the payment of expenses for stationery The President pro tempore, upon the rec

supplies purchased through the Keeper of ommendation of the Majority Leader in con

the Stationery, United States Senate; sultation with the Minority Leader, shall es

(4) the payment of expenses for postage to tablish the rate of pay for the Director. The

the Postmaster, United States Senate; and salary of the Director may not be reduced

(5) the payment of metered charges on during the employment of the Director and

copying equipment provided by the Sergeant shall be increased at the same time and in the

at Arms, United States Senate. same manner as fixed statutory salary rates within the Senate are adjusted as a result of The Secretary of the Senate is authorized to annual comparability increases.

advance such sums as may be necessary to

defray the expenses incurred in carrying out (3) Annual budget

this chapter. Expenses of the Office shall inThe Director shall submit an annual budget clude authorized travel for personnel of the request for the Office to the Committee on

Office. Appropriations.

(e) Rules of Office (4) Appointment of Director

The Director shall adopt rules governing the The first Director shall be appointed and

procedures of the Office, including the procebegin service within 90 days after November

dures of hearing boards, which rules shall be 21, 1991, and thereafter the Director shall be

submitted to the President pro tempore for appointed and begin service within 30 days

publication in the Congressional Record. The after the beginning of the session of the Con

rules may be amended in the same manner. The gress immediately following the termination

Director may consult with the Chairman of the of a Director's term of service or within 60

Administrative Conference of the United States days after a vacancy occurs in the position.

on the adoption of rules. (c) Staff of Office

(f) Representation by Senate Legal Counsel (1) Appointment

For the purpose of representation by the The Director may appoint and fix the com- Senate Legal Counsel, the Office shall be pensation of such additional staff, including deemed a committee, within the meaning of hearing officers, as are necessary to carry out title VII of the Ethics in Government Act of the purposes of this chapter.

1978 (2 U.S.C. 288, et seq.).

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