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TITLE 2-THE CONGRESS

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mination in a final order. If the Equal Em-
ployment Opportunity Commission, or such
other entity as is designated by the President
pursuant to this section, determines that a
violation has occurred, the final order shall
also provide for appropriate relief.
(3) Judicial review
(A) In general

Any party aggrieved by a final order
under paragraph (2) may petition for review
by the United States Court of Appeals for
the Federal Circuit.
(B) Law applicable

Chapter 158 of title 28 shall apply to a
review under this section except that the
Equal Employment Opportunity Commis-
sion or such other entity as the President
may designate under paragraph (2) shall be
an "agency” as that term is used in chapter
158 of title 28.
(C) Standard of review

To the extent necessary to decision and
when presented, the reviewing court shall
decide all relevant questions of law and in-
terpret constitutional and statutory provi-
sions. The court shall set aside a final order
under paragraph (2) if it is determined that
the order was

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

(ii) not made consistent with required procedures; or

(iii) unsupported by substantial evidence. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. (D) Attorney's fees

If the presidential appointee is the prevailing party in a proceeding under this section, attorney's fees may be allowed by the court in accordance with the standards pre

scribed under section 2000e-5(k) of title 42. (b) Presidential appointee

For purposes of this section, the term “Presidential appointee" means any officer or employee, or an applicant seeking to become an officer or employee, in any unit of the Executive Branch, including the Executive Office of the President, whether appointed by the President or by any other appointing authority in the Executive Branch, who is not already entitled to bring an action under any of the statutes referred to in section 1202 of this title but does not include any individual

(1) whose appointment is made by and with the advice and consent of the Senate;

(2) who is appointed to an advisory committee, as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.); or

(3) who is a member of the uniformed sery. ices. (Pub. L. 102-166, title III, § 320, Nov. 21, 1991, 105 Stat. 1096.)

(a) Application

The rights, protections, and remedies provided pursuant to section 1202 and 1207(h) of this title shall apply with respect to employment of any individual chosen or appointed, by a person elected to public office in any State or political subdivision of any State by the qualified voters thereof

(1) to be a member of the elected official's personal staff;

(2) to serve the elected official on the policymaking level; or

(3) to serve the elected official as an immediate advisor with respect to the exercise of the constitutional or legal powers of the

office.
(b) Enforcement by administrative action
(1) In general

Any individual referred to in subsection (a)
of this section may file a complaint alleging &
violation, not later than 180 days after the oc-
currence of the alleged violation, with the
Equal Employment Opportunity Commission,
which, in accordance with the principles and
procedures set forth in sections 554 through
557 of title 5, shall determine whether a viola-
tion has occurred and shall set forth its deter-
mination in a final order. If the Equal Em.
ployment Opportunity Commission deter:
mines that a violation has occurred, the final
order shall also provide for appropriate relief.
(2) Referral to State and local authorities
(A) Application

Section 2000e-5(d) of title 42 shall apply with respect to any proceeding under this section. (B) Definition

For purposes of the application described in subparagraph (A), the term “any charge filed by a member of the Commission alleg. ing an unlawful employment practice"

means a complaint filed under this section. (c) Judicial review

Any party aggrieved by a final order under subsection (b) of this section may obtain & review of such order under chapter 158 of title 28. For the purpose of this review, the Equal Employment Opportunity Commission shall be an "agency" as that term is used in chapter 158 of title 28. (d) Standard of review

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law and interpret consti

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tutional and statutory provisions. The court shall set aside a final order under subsection (b) of this section if it is determined that the order was

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

(2) not made consistent with required procedures; or

(3) unsupported by substantial evidence. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. (e) Attorney's fees

If the individual referred to in subsection (a) of this section is the prevailing party in a proceeding under this subsection, attorney's fees may be allowed by the court in accordance with the standards prescribed under section 2000e-5(k) of title 42. (Pub. L. 102-166, title III, § 321, Nov. 21, 1991, 105 Stat. 1097.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1214 of this title.

8 1223. Reports of Senate committees

(a) Each report accompanying a bill or joint resolution of a public character reported by any committee of the Senate (except the Committee on Appropriations and the Committee on the Budget) shall contain a listing of the provi. sions of the bill or joint resolution that apply to Congress and an evaluation of the impact of such provisions on Congress.

(b) The provisions of this section are enacted by the Senate as an exercise of the rulemaking power of the Senate, with full recognition of the right of the Senate to change its rules, in the same manner, and to the same extent, as in the case of any other rule of the Senate. (Pub. L. 102-166, title III, § 324, Nov. 21, 1991, 105 Stat. 1099.)

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8 1224. Intervention and expedited review of certain

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8 1221. Severability

Notwithstanding section 401 of this Act, if any provision of section 1209 or 1219(a)(3) of this title is invalidated, both sections 1209 and 1219(a)(3) of this title shall have no force and effect. (Pub. L. 102–166, title III, § 322, Nov. 21, 1991, 105 Stat. 1098.)

REFERENCES IN TEXT Section 401 of this Act, referred to in text, is section 401 of Pub. L. 102–166, which is set out as a note under section 1981 of Title 42, The Public Health and Welfare.

SEVERABILITY Invalidation of any provision, amendment, or application of Pub. L. 102-166 not to affect remaining provisions, amendments, and applications, see section 401 of Pub. L. 102-166, set out as a 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 60m, 1214 of this title.

(a) Intervention

Because of the constitutional issues that may be raised by section 1209 of this title and section 1219 of this title, any Member of the Senate may intervene as a matter of right in any proceeding under section 1209 of this title for the sole purpose of determining the constitutionality of such section. (b) Threshold matter

In any proceeding under section 1209 of this title or section 1219 of this title, the United States Court of Appeals for the Federal Circuit shall determine any issue presented concerning the constitutionality of such section as threshold matter. (c) Appeal (1) In general

An appeal may by taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order issued by the United States Court of Appeals for the Federal Circuit ruling upon the constitutionality of section 1209 or 1219 of this title. (2) Jurisdiction

The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over the appeal referred to in paragraph (1), advance the appeal on the docket and expedite the appeal to the greatest extent possi

ble. (Pub. L. 102-166, title III, § 325, Nov. 21, 1991, 105 Stat. 1099.)

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8 1222. Repealed. Pub. L. 102-392, title III, 8 316(b),

Oct. 6, 1992, 106 Stat. 1724 Section, Pub. L 102-166, title III, § 323, Nov. 21, 1991, 105 Stat. 1098, required President or Member of Senate to reimburse appropriate Federal account for payment made on his or her behalf for violation of this chapter.

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TITLE 3—THE PRESIDENT

This title was enacted by act June 25, 1948, ch. 644, § 1, 62 Stat. 672

CHAPTER 2-OFFICE AND COMPENSATION OF

PRESIDENT

(c) In performing the foregoing functions, the Assistant will, when appropriate, work with the Assistant to the President for National Security Affairs and the Assistant to the President for Economic Policy.

SEC. 5. Administration. (a) The Council may function through established or ad hoc committees, task forces or interagency groups.

(b) The Council shall have a staff to be headed by the Assistant to the President for Domestic Policy. The Council shall have such staff and other assistance as may be necessary to carry out the provisions of this order.

(c) All executive departments and agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request, to the extent permitted by law.

WILLIAM J. CLINTON.

Ex. ORD. No. 12859. ESTABLISHMENT OF DOMESTIC

POLICY COUNCIL Ex. Ord. No. 2859, Aug. 16, 1993, 58 F.R. 44101, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 105, 107, and 301 of title 3, United States Code, it is hereby ordered as follows:

SECTION 1. Establishment. There is established the Domestic Policy Council (“the Council").

SEC. 2. Membership. The Council shall comprise the: (a) President, who shall serve as a Chairman of the Council;

(b) Vice President;
(c) Secretary of Health and Human Services;
(d) Attorney General;
(e) Secretary of Labor;
(1) Secretary of Veterans Affairs;
(g) Secretary of the Interior;
(h) Secretary of Education;
(1) Secretary of Housing and Urban Development;
(1) Secretary of Agriculture;
(k) Secretary of Transportation;
(1) Secretary of Commerce;
(m) Secretary of Energy;
(n) Secretary of the Treasury;

(0) Administrator of the Environmental Protection Agency;

(p) Chair of the Council of Economic Advisers;

(q) Director of the Office of Management and Budget;

(r) Assistant to the President for Economic Policy; (s) Assistant to the President for Domestic Policy;

(t) Assistant to the President and Director of the Office of National Service;

(u) Senior Advisor to the President for Policy Development;

(v) Director, Office of National Drug Control Policy; (W) AIDS Policy Coordinator; and

(x) Such other officials of Executive departments and agencies as the President may, from time to time, designate.

SEC. 3. Meeting of the Council. The President, or upon his direction, the Assistant to the President for Domestic Policy ("the Assistant"), may convene meetings of the Council. The President shall preside over the meetings of the Council, provided that in his absence the Vice President, and in his absence the Assistant, will preside.

SEC. 4. Functions. (a) The principal functions of the Council are: (1) to coordinate the domestic policy. making process; (2) to coordinate domestic policy advice to the President; (3) to ensure that domestic policy decisions and programs are consistent with the President's stated goals, and to ensure that those goals are being effectively pursued; and (4) to monitor implementation of the President's domestic policy agenda. The Assistant may take such actions, including drafting a Charter, as may be necessary or appropriate to implement such functions.

(b) All executive departments and agencies, whether or not represented on the Council, shall coordinate domestic policy through the Council.

8 102. Compensation of the President

PRESIDENTIAL TRANSITION ACT OF 1963 (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(cX1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5.) EXPENSE ALLOWANCE: USE; REVERSION OF UNEXPENDED

PORTION; NONTAXABLE Provisions prohibiting expenditure of funds made available for official expenses for any other purpose, requiring reversion of any unused amount to the Treasury pursuant to 31 U.S.C. 1552, and providing that none of the funds made available for official expenses shall be considered as taxable to the President were contained in the following appropriation acts:

Pub. L. 103-123, title III, Oct. 28, 1993, 107 Stat. 1235.

Pub. L. 102-393, title III, Oct. 6, 1992, 106 Stat. 1738. Pub. L. 102-141, title III, Oct. 28, 1991, 105 Stat. 844. Pub. L. 101-509, title III, Nov. 5, 1990, 104 Stat. 1399. Pub. L. 101-136, title III, Nov. 3, 1989, 103 Stat. 790.

FORMER PRESIDENTS; ALLOWANCE; SELECTION, COMPEN

SATION, AND STATUS OF OFFICE STAFF; OFFICE SPACE; WIDOW'S ALLOWANCE, TERMINATION; "FORMER PRESIDENT" DEFINED

Pub. L. 85-745, Aug. 25, 1958, 72 Stat. 838, as amended by Pub. L. 86-682, $ 12(c), Sept. 2, 1960, 74 Stat. 730; Pub. L. 88-426, title I, $ 124, Aug. 14, 1964, 78 Stat. 412; Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 660; Pub. L. 90-206, title II, § 224(c), Dec. 16, 1967, 81 Stat. 642; Pub. L. 91-231, 87, Apr. 15, 1970, 84 Stat. 198; Pub. L. 91-658, § 6, Jan. 8, 1971, 84 Stat. 1963; Pub. L. 95-138, $ 1, Oct. 18, 1977, 91 Stat. 1170; Pub. L. 103-123, title IV, § 6(a), Oct. 28, 1993, 107 Stat. 1246, provided that:

(See main edition for text of first section) SEC. 2. The entitlements of a former President under subsections (b) and (c) of the first section shall be available

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"(1) in the case of an individual who is a former

EFTECTIVE DATE OF 1989 AMENDMENT President on the effective date of this section (Oct. 1, 1993), for 5 years, commencing on such effective

Amendment by Pub. L. 101-194 effective Jan. 1, date; and

1991, see section 704(b) of Pub. L. 101-194, set out as a “(2) in the case of an individual who becomes a

note under section 5318 of Title 5, Government Orgaformer President after such effective date, for 4

nization and Employees. years and 6 months, commencing at the expiration of the period for which services and facilities are au

SALARY INCREASES thorized to be provided under section 4 of the Presi. dential Transition Act of 1963 (3 U.S.C. 102 note)."

1993—Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. (Amendment by Pub. L. 103-123, adding section 2 to

62909, set out as a note under section 5332 of Title 5, Pub. L. 85-745, set out above, effective Oct. 1, 1993, see

Government Organization and Employees, provided section 6(c) of Pub. L. 103-123, set out as an Effective

for the adjustment of pay rates effective Jan. 1, 1993. Date of 1993 Amendment note under section 3214 of 1992-Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. Title 39, Postal Service.)

67453, which provided for the adjustment of pay rates

effective Jan. 1, 1992, was superseded by Ex. Ord. No. SECTION REFERRED TO IN OTHER SECTIONS

12826, Dec. 30, 1992, 57 F.R. 62909, set out as a note This section is referred to in title 10 section 1091;

under section 5332 of Title 5. title 31 section 3524; title 38 section 7437.

1991-Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R.

51385, which provided for the adjustment of pay rates 8 104. Salary of the Vice President

effective Jan. 1, 1991, was superseded by Ex. Ord. No.

12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as The per annum rate of salary of the Vice

a note under section 5332 of Title 5. President of the United States shall be the rate

1990—Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. determined for such position under chapter 11 53473, which provided for adjustments of pay rates efof title 2, as adjusted under this section. Effec- fective Jan. 1, 1990, and Jan. 31, 1990, was superseded tive at the beginning of the first month in by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which an adjustment takes effect under section formerly set out as a note under section 5332 of Title 5303 of title 5 in the rates of pay under the 5. General Schedule, the salary of the Vice Presi- 1989--Pub. L. 101-194, title VII, $703(aX 2), Nov. 30, dent shall be adjusted by an amount, rounded 1989, 103 Stat. 1768, set out as a note under section to the nearest multiple of $100 (or if midway 5318 of Title 5, provided that effective Jan. 1, 1991, between multiples of $100, to the nearest

the rate of basic pay for the Vice President shall be inhigher multiple of $100), equal to the percent

creased in the amount of 25 percent of the rate (as

last in effect before the increase). age of such per annum rate which corresponds to the most recent percentage change in the

Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which ECI (relative to the date described in the next

provided for the adjustment of pay rates effective Jan.

1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, sentence), as determined under section

1989, 54 F.R. 53473, formerly set out as a note under 704(a)(1) of the Ethics Reform Act of 1989. The

section 5332 of Title 5. appropriate date under this sentence is the first day of the fiscal year in which such adjustment 8 105. Assistance and services for the President in the rates of pay under the General Schedule takes effect.

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

RATES (As amended Nov. 30, 1989, Pub. L. 101-194, title VII, 704(a)(2)(A), 103 Stat. 1769; Nov. 5, References in laws to the rates of pay for GS-16, 17, 1990, Pub. L. 101-509, title V, 8 529 [title I, or 18, or to maximum rates of pay under the General § 101(b)(4)(I)], 104 Stat. 1427, 1440.)

Schedule, to be considered references to rates payable

under specified sections of Title 5, Government OrgaREFERENCES IN TEXT

nization and Employees, see section 529 [title I, Section 704(a)(1) of the Ethics Reform Act of 1989,

§ 101(c)(1)] of Pub. L. 101-509, set out in a note under referred to in text, is section 704(a)(1) of Pub. L.

section 5376 of Title 5.
101-194, which is set out as a note under section 5318
of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS
AMENDMENTS

This section is referred to in title 18 sections 207,

1751; title 26 section 3121; title 31 section 3524; title 42 1990-Pub. L. 101-509 substituted “5303" for "5305".

section 410. 1989--Pub. L. 101-194 substituted "corresponds to the most recent percentage change in the ECI (rela

8 106. Assistance and services for the Vice President tive to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY is the first day of the fiscal year in which such adjust

RATES ment in the rates of pay under the General Schedule

References in laws to the rates of pay for GS-16, 17, takes effect" for "corresponds to the overall average

or 18, or to maximum rates of pay under the General percentage (as set forth in the report transmitted to

Schedule, to be considered references to rates payable the Congress under section 5305 of title 5) of the ad.

under specified sections of Title 5, Government Orgajustment in such rates of pay".

nization and Employees, see section 529 [title I, EFFECTIVE DATE OF 1990 AMENDMENT

$ 101(c)(1)) of Pub. L. 101-509, set out in a note under

section 5376 of Title 5. Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier

SECTION REFERRED TO IN OTHER SECTIONS than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305) of Pub. L. This section is referred to in section 114 of this title; 101-509, set out as a note under section 5301 of Title 5, title 18 sections 207, 1751; title 26 section 3121; title 31 Government Organization and Employees.

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section 3524; title 42 section 410.

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