Page:United States Statutes at Large Volume 105 Part 2.djvu/143

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PUBLIC LAW 102-166—NOV. 21, 1991 105 STAT. 1095 SEC. 313. CONFIDENTIALITY. 2 USC 1213. (a) CouNSEUNG. —A ll 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), 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 308 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 308, 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 309. SEC. 314. EXERCISE OF RULEMAKING POWER. 2 USC 1214. The provisions of this title, except for sections 309, 320, 321, and 322, 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 309, enforcement and adjudication with respect to the discriminatory practices prohibited by section 302, and arising out of Senate employment, shall be within the exclusive jurisdiction of the United States Senate. SEC. 315. TECHNICAL AND CONFORMING AMENDMENTS. Section 509 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209) is amended— (1) in subsection (a)— (A) by striking paragraphs (2) through (5); (B) by redesignating paragraphs (6) and (7) as paragraphs (2) and (3), respectively; and (C) in paragraph (3), as redesignated by subparagraph (B) of this paragraph— (i) by striking "(2) and (6)(A)" and inserting "(2)(A)", as redesignated by subparagraph (B) of this paragraph; and (ii) by striking "(3), (4), (5), (6)(B), and (6)(C)" and inserting "(2)"; and (2) in subsection (c)(2), by inserting ", except for the employees who are defined as Senate employees, in section 301(c)(1) of the Civil Rights Act of 1991" after "shall apply exclusively". SEC. 316. POLITICAL AFFILIATION AND PLACE OF RESIDENCE. 2 USC 1215. (a) IN GENERAL.—It shall not be a violation with respect to an employee described in subsection (b) to consider the— (1) party affiliation; (2) domicile; or