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(Pub. L. 102–166, title III, § 303, Nov. 21, 1991, ployee's complaint through the internal griev105 Stat. 1088.)
ance procedures of the Architect of the Capitol
or the Capitol Police Board for a specific period REFERENCES IN TEXT
of time, which shall not count against the time The Ethics in Government Act of 1978, referred to available for counseling or mediation under this in subsec. (f), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat.
chapter. 1824, as amended. Title VII of the Act is classified principally to chapter 9D ($ 288 et seq.) of this title. (Pub. L. 102-166, title III, $ 305, Nov. 21, 1991, For complete classification of this Act to the Code, see 105 Stat. 1090.) Short Title note set out under section 101 of Pub. L. 95-521 in the Appendix to Title 5, Government Orga
SECTION REFERRED TO IN OTHER SECTIONS nization and Employees, and Tables.
This section is referred to in sections 60m, 1203,
1204, 1207 of this title.
8 1206. Step II: Mediation
(a) In general
Not later than 15 days after the end of the SECTION REFERRED TO IN OTHER SECTIONS
counseling period, the employee may file a re
quest for mediation with the Office. Mediation This section is referred to in section 1205 of this
may include the Office, the employee, and the title.
employing office in a process involving meet8 1204. Senate procedure for consideration of alleged
ings with the parties separately or jointly for violations
the purpose of resolving the dispute between
the employee and the employing office.
(1) Step I, counseling, as set forth in section The mediation period shall be 30 days begin-
ning on the date the request for mediation is (2) Step II, mediation, as set forth in sec
received and may be extended for an additional tion 1206 of this title.
30 days at the discretion of the Office. The (3) Step III, formal complaint and hearing
Office shall notify the employee and the head by a hearing board, as set forth in section
of the employing office when the mediation 1207 of this title.
period has ended.
(Pub. L. 102-166, title III, § 306, Nov. 21, 1991, this title.
105 Stat. 1091.) (Pub. L. 102-166, title III, § 304, Nov. 21, 1991,
SECTION REFERRED TO IN OTHER SECTIONS 105 Stat. 1090.)
This section is referred to in sections 60m, 1203, SECTION REFERRED TO IN OTHER SECTIONS
1204, 1207 of this title.
8 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 A Senate employee alleging a violation may of the mediation period, the Senate employee request counseling by the Office. The Office
may file a formal complaint with the Office. No shall provide the employee with all relevant in- complaint may be filed unless the employee has formation with respect to the rights of the em- made a timely request for counseling and has ployee. A request for counseling shall be made completed the procedures set forth in sections not later than 180 days after the alleged viola- 1205 and 1206 of this title. tion forming the basis of the request for counseling occurred. No request for counseling may
(b) Hearing board be made until 10 days after the first Director A board of 3 independent hearing officers (rebegins service pursuant to section 1203(b)(4) of ferred to in this chapter as “hearing board"), this title.
who are not Senators or officers or employees (b) Period of counseling
of the Senate, chosen by the Director (one of The period for counseling shall be 30 days
whom shall be designated by the Director as unless the employee and the Office agree to
the presiding hearing officer) shall be assigned reduce the period. The period shall begin on
to consider each complaint filed under this secthe date the request for counseling is received.
tion. The Director shall appoint hearing offi
cers after considering any candidates who are (c) Employees of Architect of Capitol and Capitol
recommended to the Director by the Federal Police
Mediation and Conciliation Service, the AdminIn the case of an employee of the Architect of istrative Conference of the United States, or orthe Capitol or an employee who is a member of ganizations composed primarily of individuals the Capitol Police, the Director may refer the experienced in adjudicating or arbitrating peremployee to the Architect of the Capitol or the sonnel matters. A hearing board shall act by Capitol Police Board for resolution of the em- majority vote.
(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.)
ate the the evi ermina
e violamedies er sec By also mages er sec 3) and
nation d, the les as ection e par enate Rules
in the records of the Office as a final decision, if the Committee, in its discretion, decides not to review, pursuant to a request for review under subsection (a) of this section, a decision of the hearing board, and notifies the interested parties of such decision. (3) Entry of a final decision
The entry of a final decision in the records of the Office shall constitute a final decision for purposes of judicial review under section
1209 of this title. (e) Statement of reasons
Any decision of the Committee under subsection (c) of this section or subsection (d)(2)(A) of this section shall contain a written statement of the reasons for the Committee's decision. (Pub. L. 102-166, title III, $ 308, Nov. 21, 1991, 105 Stat. 1092.)
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 60m, 1204, 1207, 1209, 1211, 1213 of this title.
8 1209. Judicial review
al de ction SEO - the 1208
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 supplementing 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 deci. sion, 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
(a) In general
Any party aggrieved by a final decision entered pursuant to the provisions of section 1208(d)(2) of this title may petition for review by the United States Court of Appeals for the Federal Circuit. A decision may not be reviewed under this section unless a timely request for review of such decision was filed under section 1208(a) of this title. (b) Law applicable
Chapter 158 of title 28 shall apply to a review under this section except that
(1) with respect to section 2344 of title 28, service of the petition shall be on the Senate Legal Counsel rather than on the Attorney General;
(2) the provisions of section 2348 of title 28, on the authority of the Attorney General, shall not apply;
(3) the petition for review shall be filed not later than 90 days after the entry in the Office of a final decision under section 1208(d) of this title;
(4) the Office shall be an "agency” as that term is used in chapter 158 of title 28; and
(5) the Office shall be the respondent in any proceeding under this section. (c) Standard of review
To the extent necessary to decision and when presented, the court shall decide all relevant questions of law and interpret constitutional and statutory provisions. The court shall set aside a final decision if it is determined that the decision 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 witnesses appearing in proceedings before a hearing board. (Pub. L. 102-166, title III, § 311, Nov. 21, 1991, 105 Stat. 1094.)
deci able to (c) Rel
The and Ethics purpo this ti Pub. 105 St
SENATE RESOLUTION No. 259 Senate Resolution No. 259, One Hundredth Con. gress, Aug. 5, 1987, provided that: “Resolved, That witnesses appearing before the Senate or any of its committees may be authorized reimbursement for per diem expenses incurred for each day while traveling to and from the place of examination and for each day in attendance. Such reimbursement shall be made on an actual expense basis which shall not exceed the daily rate prescribed by the Committee on Rules and Administration, unless such limitation is specifically waived by such committee. A witness may also be authorized reimbursement of the actual and necessary transportation expenses incurred by the witness in traveling to and from the place of examination.
"SEC. 2. (a) The provisions of this resolution shall be effective with respect to all witness expenses incurred on or after October 1, 1987."
shall be taken of the rule of prejudicial error. The record on review shall include the record before the hearing board, the decision of the hearing board, and the decision, if any, of the Select Committee on Ethics. (d) Attorney's fees
If an employee is the prevailing party in a proceeding under this section, 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, 8 309, Nov. 21, 1991, 105 Stat. 1093; Pub. L. 102-392, title III,
316(a), Oct. 6, 1992, 106 Stat. 1724; Pub. L. 103-50, ch. XII, § 1204(a), July 2, 1993, 107 Stat. 288.)
AMENDMENTS 1993–Subsec. (a). Pub. L. 103-50 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Any Senate employee aggrieved by a final decision under section 1208(d) of this title, and a final decision entered pursuant to section 1208(d)(2)(B) of this title, may petition for review by the United States Court of Appeals for the Federal Circuit."
1992–Subsec. (a). Pub. L. 102-392 struck out “or any Member of the Senate who would be required to reimburse the appropriate Federal account pursuant to the section entitled 'Payments by the President or a Member of the Senate'" after “section 1208(d) of this title,".
EFFECTIVE DATE OF 1993 AMENDMENT Section 1204(b) of Pub. L. 103-50 provided that: “The amendment made by this section (amending this section) shall take effect upon the date of the enactment of this Act (July 2, 1993), except that such amendment shall not affect any proceeding or suit commenced before the effective date and in all such proceedings or suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted."
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 60m, 1204, 1208, 1213, 1214, 1221, 1224 of this title.
The tions CH3CE rulem ogniti its ru Extent Senat
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 60m of this title.
title, SPECT by sec Senate site ju
8 1212. Prohibition of intimidation
Any intimidation of, or reprisal against, any employee by any Member, officer, or employee of the Senate, or by the Architect of the Capitol, or anyone employed by the Architect of the Capitol, as the case may be, because of the exercise of a right under this chapter constitutes an unlawful employment practice, which may be remedied in the same manner under this chapter as is a violation. (Pub. L. 102-166, title III, § 312, Nov. 21, 1991, 105 Stat. 1094.)
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 60m of this title.
8 1210. Resolution of complaint
If, after a formal complaint is filed under section 1207 of this title, the employee and the head of the employing office resolve the issues involved, the employee may dismiss the complaint or the parties may enter into a written agreement, subject to the approval of the Director. (Pub. L. 102-166, title III, $ 310, Nov. 21, 1991, 105 Stat. 1094.)
(2) OT SL
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 60m, 1207a of this title.
All counseling shall be strictly confidential except that the Office and the employee may agree to notify the head of the employing office of the allegations. (b) Mediation
All mediation shall be strictly confidential. (c) Hearings
Except as provided in subsection (d) of this section, the hearings, deliberations, and decisions of the hearing board and the Select Committee on Ethics shall be confidential. (d) Final decision of Select Committee on Ethics
The final decision of the Select Committee on Ethics under section 1208 of this title shall be made public if the decision is in favor of the complaining Senate employee or if the decision reverses a decision of the hearing board which had been in favor of the employee. The Select Committee on Ethics may decide to release any other decision at its discretion. In the absence of a proceeding under section 1208 of this title,
8 1211. Costs of attending hearings
Subject to the approval of the Director, an employee with respect to whom a hearing is held under this chapter may be reimbursed for actual and reasonable costs of attending proceedings under sections 1207 and 1208 of this title, consistent with Senate travel regulations. Senate Resolution 259, agreed to August 5, 1987 (100th Congress, 1st Session), shall apply to
No Procere prohit ore a
(Pub. L. 102-166, title III, § 317, Nov. 21, 1991, 105 Stat. 1096.)
a decision of the hearing board that is favorable to the employee shall be made public. (e) Release of records for judicial review
The records and decisions of hearing boards, and the decisions of the Select Committee on Ethics, may be made public if required for the purpose of judicial review under section 1209 of this title. (Pub. L. 102-166, title III, § 313, Nov. 21, 1991, 105 Stat. 1095.)
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 60m of this title.
8 1217. Other instrumentalities of Congress
It is the sense of the Senate that legislation should be enacted to provide the same or comparable rights and remedies as are provided under this chapter to employees of instrumentalities of the Congress not provided with such rights and remedies. (Pub. L. 102-166, title III, § 318, Nov. 21, 1991, 105 Stat. 1096.)
8 1214. Exercise of rulemaking power
The provisions of this chapter, except for sections 1209, 1219, 1220, and 1221 of this title, 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. Notwithstanding any other provision of law, except as provided in section 1209 of this title, enforcement and adjudication with respect to the discriminatory practices prohibited by section 1202 of this title, and arising out of Senate employment, shall be within the exclusive jurisdiction of the United States Senate. (Pub. L. 102-166, title III, § 314, Nov. 21, 1991, 105 Stat. 1095.)
of the sti
8 1218. Rule XLII of Standing Rules of Senate (a) Reaffirmation
The Senate reaffirms its commitment to Rule XLII of the Standing Rules of the Senate, which provides as follows:
"No Member, officer, or employee of the Senate shall, with respect to employment by the Senate or any office thereof
“(a) fail or refuse to hire an individual;
"(c) otherwise discriminate against an individual with respect to promotion, compensation, or terms, conditions, or privileges of em
ployment on the basis of such individual's race, color, religion, sex, national origin, age, or state of physical handicap.". (b) Authority to discipline
Notwithstanding any provision of this chapter, including any provision authorizing orders for remedies to Senate employees to redress employment discrimination, the Select Committee on Ethics shall retain full power, in accordance with its authority under Senate Resolution 338, 88th Congress, as amended, with respect to disciplinary action against a Member, officer, or employee of the Senate for a violation of Rule XLII. (Pub. L. 102-166, title III, § 319, Nov. 21, 1991, 105 Stat. 1096.)
REFERENCES IN TEXT Senate Resolution 338, 88th Congress, as amended, referred to in subsec. (b), is not classified to the Code.
8 1215. Political affiliation and place of residence (a) In general
It shall not be a violation with respect to an employee described in subsection (b) of this section to consider the
(1) party affiliation;
(3) political compatibility with the employing office, of such an employee with respect to employment decisions. (b) "Employee" defined
For purposes of this section, the term "employee" means
(1) an employee on the staff of the Senate leadership;
(2) an employee on the staff of a committee or subcommittee;
(3) an employee on the staff of a Member of the Senate;
(4) an officer or employee of the Senate elected by the Senate or appointed by a Member, other than those described in paragraphs (1) through (3); or
(5) an applicant for a position that is to be occupied by an individual described in paragraphs (1) through (4). (Pub. L. 102–166, title III, § 316, Nov. 21, 1991, 105 Stat. 1095.) 8 1216. Other review
No Senate employee may commence a judicial proceeding to redress discriminatory practices prohibited under section 1202 of this title, except as provided in this chapter.
8 1219. Coverage of Presidential appointees
The rights, protections, and remedies provided pursuant to section 1202 and 1207(h) of this title shall apply with respect to employment of Presidential appointees. (2) Enforcement by administrative action
Any Presidential appointee may file a complaint alleging a violation, not later than 180 days after the occurrence of the alleged violation, with the Equal Employment Opportuni. ty Commission, or such other entity as is designated by the President by Executive Order, which, in accordance with the principles and procedures set forth in sections 554 through 557 of title 5, shall determine whether a violation has occurred and shall set forth its deter.