Page:United States Statutes at Large Volume 105 Part 2.djvu/144

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105 STAT. 1096 PUBLIC LAW 102-166—NOV. 21, 1991 (3) political compatibility with the employing office, of such an employee with respect to employment decisions. (h) DEFINITION.— 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). 2 USC 1216. SEC. 317. OTHER REVIEW. No Senate employee may commence a judicial proceeding to redress discriminatory practices prohibited under section 302 of this title, except as provided in this title. 2 USC 1217. SEC. 318. OTHER INSTRUMENTALITIES OF THE 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 title to employees of instrumentalities of the Congress not provided with such rights and remedies. 2 USC 1218. SEC. 319. RULE XLII OF THE STANDING RULES OF THE 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; "0?) 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 title, 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. 2 USC 1219. SEC. 320. COVERAGE OF PRESIDENTIAL APPOINTEES. (a) IN GENERAL. — (1) APPLICATION.—The rights, protections, and remedies provided pursuant to section 302 and 307(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, United States