Imágenes de páginas
PDF
EPUB
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small]

Sec.

1207a.

1208.

1209.

1210.

1211.

1212.

1213.

1214. 1215.

1216.

1217.

1218.

1219.

1220.

1221. 1222.

1223.

1224.

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 employ

ees.

(a) Application.

(b) Enforcement

action. (c) Judicial review.

(d) Standard of review.

(e) Attorney's fees.

Severability.

by

(b) Threshold matter. (c) Appeal.

Repealed.

Reports of Senate Committees.

Intervention and expedited review of certain appeals.

(a) Intervention.

administrative

[blocks in formation]

75-801 O-946: QL3

180 in original. Probably should be capitalized.

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 has 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.)

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.

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

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

§ 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.)

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.).

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small]

(Pub. L. 102-166, title III, § 303, Nov. 21, 1991, 105 Stat. 1088.)

REFERENCES IN TEXT

The Ethics in Government Act of 1978, referred to in subsec. (f), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. Title VII of the Act is classified principally to chapter 9D (§ 288 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Pub. L. 95-521 in the Appendix to Title 5, Government Organization and Employees, and Tables.

INCREASES In CompensaTION

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

§ 1205. Step I: Counseling

(a) In general

A Senate employee alleging a violation may request counseling by the Office. The Office shall provide the employee with all relevant information with respect to the rights of the employee. A request for counseling shall be made not later than 180 days after the alleged violation forming the basis of the request for counseling occurred. No request for counseling may be made until 10 days after the first Director begins service pursuant to section 1203(b)(4) of this title. (b) Period of counseling

The period for counseling shall be 30 days unless the employee and the Office agree to reduce the period. The period shall begin on the date the request for counseling is received. (c) Employees of Architect of Capitol and Capitol Police

In the case of an employee of the Architect of the Capitol or an employee who is a member of the Capitol Police, the Director may refer the employee to the Architect of the Capitol or the Capitol Police Board for resolution of the em

ployee's complaint through the internal grievance procedures of the Architect of the Capitol or the Capitol Police Board for a specific period of time, which shall not count against the time available for counseling or mediation under this chapter.

(Pub. L. 102-166, title III, § 305, Nov. 21, 1991, 105 Stat. 1090.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 60m, 1203, 1204, 1207 of this title.

§ 1206. Step II: Mediation

(a) In general

Not later than 15 days after the end of the counseling period, the employee may file a request for mediation with the Office. Mediation may include the Office, the employee, and the employing office in a process involving meetings with the parties separately or jointly for the purpose of resolving the dispute between the employee and the employing office.

(b) Mediation period

The mediation period shall be 30 days beginning on the date the request for mediation is received and may be extended for an additional 30 days at the discretion of the Office. The Office shall notify the employee and the head of the employing office when the mediation period has ended.

(Pub. L. 102-166, title III, § 306, Nov. 21, 1991, 105 Stat. 1091.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 60m, 1203, 1204, 1207 of this title.

§ 1207. Step III: Formal complaint and hearing

(a) Formal complaint and request for hearing

Not later than 30 days after receipt by the employee of notice from the Office of the end of the mediation period, the Senate employee may file a formal complaint with the Office. No complaint may be filed unless the employee has made a timely request for counseling and has completed the procedures set forth in sections 1205 and 1206 of this title.

(b) Hearing board

A board of 3 independent hearing officers (referred to in this chapter as "hearing board"), who are not Senators or officers or employees of the Senate, chosen by the Director (one of whom shall be designated by the Director as the presiding hearing officer) shall be assigned to consider each complaint filed under this section. The Director shall appoint hearing officers after considering any candidates who are recommended to the Director by the Federal Mediation and Conciliation Service, the Administrative Conference of the United States, or organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters. A hearing board shall act by majority vote.

[ocr errors][ocr errors]

(c) Dismissal of frivolous claims

more than 45 days after the conclusion of the Prior to a hearing under subsection (d) of this

hearing. The written decision shall be transmitsection, a hearing board may dismiss any claim

ted by the Office to the employee and the emthat it finds to be frivolous.

ploying office. The decision shall state the

issues raised by the complaint, describe the evi. (d) Hearing

dence in the record, and contain a determinaA hearing shall be conducted

tion as to whether a violation has occurred. (1) in closed session on the record by a hearing board;

(h) Remedies (2) no later than 30 days after filing of the If the hearing board determines that a violacomplaint under subsection (a) of this sec- tion has occurred, it shall order such remedies tion, except that the Office may, for good as would be appropriate if awarded under seccause, extend up to an additional 60 days the

tion 2000e-5(g) and (k) of title 42, and may also time for conducting a hearing; and

order the award of such compensatory damages (3) except as specifically provided in this

as would be appropriate if awarded under secchapter and to the greatest extent practica- tion 1981 of title 42 and section 1981&(a) and ble, in accordance with the principles and

(b)2) of title 42. In the case of a determination procedures set forth in sections 554 through that a violation based on age has occurred, the 557 of title 5.

hearing board shall order such remedies as (e) Discovery

would be appropriate if awarded under section Reasonable prehearing discovery may be per

633a(c) of title 29. Any order requiring the paymitted at the discretion of the hearing board.

ment of money must be approved by & Senate

resolution reported by the Committee on Rules (1) Subpoena

and Administration. The hearing board shall (1) Authorization

have no authority to award punitive damages. A hearing board may authorize subpoenas, (i) Precedent and interpretations which shall be issued by the presiding hearing officer on behalf of the hearing board, for

Hearing boards shall be guided by judicial dethe attendance of witnesses at proceedings of

cisions under statutes referred to in section the hearing board and for the production of

1202 of this title and subsection (h) of this seccorrespondence, books, papers, documents,

tion, as well as the precedents developed by the and other records.

Select Committee on Ethics under section 1208

of this title, and other Senate precedents. (2) Objections If a witness refuses, on the basis of rel

(Pub. L. 102–166, title III, § 307, Nov. 21, 1991,

105 Stat. 1091.) evance, privilege, or other objection, to testify in response to a question or to produce

SECTION REFERRED TO IN OTHER SECTIONS records in connection with the proceedings of a hearing board, the hearing board shall rule This section is referred to in sections 60m, 1203, on the objection. At the request of the wit- 1204, 1207a, 1208, 1210, 1211, 1219, 1220 of this title. ness, the employee, or employing office, or on its own initiative, the hearing board may

8 1207a. Settlements and Awards Reserve appropriarefer the objection to the Select Committee

tion account on Ethics for a ruling.

(a) Establishment (3) Enforcement The Select Committee on Ethics may make

There is established in the contingent fund of to the Senate any recommendations by report

the Senate the “Settlements and Awards Reor resolution, including recommendations for

serve" appropriation account, criminal or civil enforcement by or on behalf

(1) into which shall be deposited appropriof the Office, which the Select Committee on

ated funds and amounts transferred by the Ethics may consider appropriate with respect

Secretary of the Senate from funds available to

to the Secretary for disbursement by the Sec(A) the failure or refusal of any person to

retary; and appear in proceedings under this 1 or to (2) that shall be available as provided in produce records in obedience to a subpoena

subsection (b) of this section. or order of the hearing board; or (B) the failure or refusal of any person to

(b) Payments from account answer questions during his or her appear. The appropriation account established by ance as a witness in a proceeding under this subsection (a) of this section shall be available section.

for the payment of awards under section 1207

of this title and payments pursuant to agreeFor purposes of section 1365 of title 28, the Office shall be deemed to be a committee of

ments under section 1210 of this title. the Senate.

(c) Authorization of appropriations (8) Decision

There are authorized to be appropriated such The hearing board shall issue a written deci- sums as are necessary for the purposes of subsion as expeditiously as possible, but in no case section (b) of this section.

(Pub. L. 103-50, ch. XII, $ 1205, July 2, 1993, "So in original. Probably should be "this section".

107 Stat. 269.)

[merged small][ocr errors][merged small][merged small][ocr errors]

termin red

a viols emedies der may als amagg der Shoe

in the records of the Office as a final de sion, if the Committee, in its discretion, cides not to review, pursuant to a request review under subsection (a) of this section decision of the hearing board, and notif the interested parties of such decision. (3) Entry of a final decision

The entry of a final decision in the reco of the Office shall constitute a final decis for purposes of judicial review under secti

1209 of this title. (e) Statement of reasons

Any decision of the Committee under subs tion (c) of this section or subsection (d)(2)(A) this section shall contain a written statement the reasons for the Committee's decision. (Pub. L. 102-166, title III, § 308, Nov. 21, 19 105 Stat. 1092.)

ination

section Le par Bengt Rula shal

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 60m, 12 1207, 1209, 1211, 1213 of this title.

ges

8 1209. Judicial review

-ction

991

8 1208. Review by Select Committee on Ethics (a) In general

An employee or the head of an employing office may request that the Select Committee on Ethics (referred to in this section as the "Committee"), or such other entity as the Senate may designate, review a decision under section 1207 of this title, including any decision following a remand under subsection (c) of this section, by filing a request for review with the Office not later than 10 days after the receipt of the decision of a hearing board. The Office, at the discretion of the Director, on its own ini. tiative and for good cause, may file a request for review by the Committee of a decision of a hearing board not later than 5 days after the time for the employee or employing office to file a request for review has expired. The Office shall transmit a copy of any request for review to the Committee and notify the interested parties of the filing of the request for review. (b) Review

Review under this section shall be based on the record of the hearing board. The Committee shall adopt and publish in the Congressional Record procedures for requests for review under this section. (c) Remand

Within the time for a decision under subsection (d) of this section, the Committee may remand a decision no more than one time to the hearing board for the purpose of olementing the record or for further consideration. (d) Final decision (1) Hearing board

If no timely request for review is filed under subsection (a) of this section, the Office shall enter as a final decision, the decision of the hearing board. (2) Select Committee on Ethics

(A) If the Committee does not remand under subsection (c) of this section, it shall transmit a written final decision to the Office for entry in the records of the Office. The Committee shall transmit the decision not later than 60 calendar days during which the Senate is in session after the filing of a request for review under subsection (a) of this section. The Committee may extend for 15 calendar days during which the Senate is in session the period for transmission to the Office of a final decision.

(B) The decision of the hearing board shall be deemed to be a final decision, and entered in the records of the Office as a final decision, unless a majority of the Committee votes to reverse or remand the decision of the hearing board within the time for transmission to the Office of a final decision.

(C) The decision of the hearing board shall be deemed to be a final decision, and entered

[ocr errors][merged small]

(a) In general

Any party aggrieved by a final decision tered pursuant to the provisions of secti 1208(d)(2) of this title may petition for revi by the United States Court of Appeals for t Federal Circuit. A decision may not be review under this section unless a timely request review of such decision was filed under secti 1208(a) of this title. (b) Law applicable

Chapter 158 of title 28 shall apply to a revi under this section except that,

(1) with respect to section 2344 of title service of the petition shall be on the Sena Legal Counsel rather than on the Attorn General;

(2) the provisions of section 2348 of title : on the authority of the Attorney Gener shall not apply;

(3) the petition for review shall be filed n later than 90 days after the entry in t Office of a final decision under secti 1208(d) of this title;

(4) the Office shall be an "agency” as th term is used in chapter 158 of title 28; and

(5) the Office shall be the respondent any proceeding under this section. (c) Standard of review

To the extent necessary to decision and wh presented, the court shall decide all releva questions of law and interpret constitution and statutory provisions. The court shall s aside a final decision if it is determined that t decision was

(1) arbitrary, capricious, an abuse of discr tion, or otherwise not consistent with law;

(2) not made consistent with required proc dures; or

(3) unsupported by substantial evidence. In making the foregoing determinations, te court shall review the whole record, or thoparts of it cited by a party, and due accou

« AnteriorContinuar »