(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, § 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.

§ 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.)

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

§ 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

witnesses appearing in proceedings before a hearing board. (Pub. L. 102-166, title III, § 311, Nov. 21, 1991, 105 Stat. 1094.)

SENATE RESOLUTION No. 259

Senate Resolution No. 259, One Hundredth Congress, 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."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 60m of this title.

§ 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.

§ 1213. Confidentiality

(a) Counseling

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,

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.

§ 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.)

§ 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; (2) domicile; or

(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.)

§ 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.

(Pub. L. 102-166, title III, § 317, Nov. 21, 1991, 105 Stat. 1096.)

§ 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.)

§ 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;
"(b) discharge an individual; or

"(c) otherwise discriminate against an individual with respect to promotion, compensation, or terms, conditions, or privileges of employment

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.

§ 1219. Coverage of Presidential appointees (a) In general

(1) Application

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 Opportunity 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

(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 Commission 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 interpret constitutional and statutory provisions. The court shall set aside a final order under paragraph (2) if it is determined that the order was

(i) 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 prescribed 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 services.

(Pub. L. 102-166, title III, § 320, Nov. 21, 1991, 105 Stat. 1096.)

REFERENCES IN TEXT

Section 3(2) of the Federal Advisory Committee Act, referred to in subsec. (b)(2), is section 3(2) of Pub. L. 92-463, which is set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1214, 1221, 1224 of this title.

§ 1220. Coverage of previously exempt State employ

ees

(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 a violation, not later than 180 days after the occurrence 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 violation has occurred and shall set forth its determination in a final order. If the Equal Employment Opportunity Commission determines 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 alleging 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 a 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

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.

§ 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.

§ 1222. Repealed. Pub. L. 102-392, title III, § 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.

§ 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 provisions 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.)

§ 1224. Intervention and expedited review of certain appeals

(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 a 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 possible.

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