Page:United States Statutes at Large Volume 105 Part 2.djvu/141

 PUBLIC LAW 102-166—NOV. 21, 1991 105 STAT. 1093 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), 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.— I f no timely request for review is filed under subsection (a), the Office shall enter as a final decision, the decision of the hearing board. (2) SELECT COMMITTEE ON ETHICS. — Records. (A) If the Committee does not remand under subsection (c), 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). 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 decision, 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 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), 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 309. (e) STATEMENT OF REASONS.—Any decision of the Committee under subsection (c) or subsection (d)(2)(A) shall contain a written statement of the reasons for the Committee's decision. SEC. 309. JUDICIAL REVIEW. 2 USC 1209. (a) IN GENERAL.— Any Senate employee aggrieved by a final decision under section 308(d), 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" and a final decision entered pursuant to section 308(d)(2)(B), may petition for review by the United States Court of Appeals for the Federal Circuit. (b) LAW APPLICABLE. —Chapter 158 of title 28, United States Code, shall apply to a review under this section except that—

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