Page:United States Statutes at Large Volume 105 Part 2.djvu/142

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

105 STAT. 1094 PUBLIC LAW 102-166—NOV. 21, 1991 (1) with respect to section 2344 of title 28, United States Code, 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, United States Code, 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 308(d); (4) the Office shall be an "agency" as that term is used in chapter 158 of title 28, United States Code; 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 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 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)). 2 USC 1210. SEC. 310. RESOLUTION OF COMPLAINT. If, after a formal complaint is filed under section 307, 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. 2 USC 1211. SEC. 311. COSTS OF ATTENDING HEARINGS. Subject to the approval of the Director, an employee with respect to whom a hearing is held under this title may be reimbursed for actual and reasonable costs of attending proceedings under sections 307 and 308, 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. 2 USC 1212. SEC. 312. 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 title constitutes an unlawful employment practice, which may be remedied in the same manner under this title as is a violation.