Page:United States Statutes at Large Volume 105 Part 2.djvu/145

 PUBLIC LAW 102-166—NOV. 21, 1991 105 STAT. 1097 Code, shall determine whether a violation has occurred and shall set forth its determination in a final order. If the Equal Employment Opportunity Commission, or such other entity as is designated by the President pursuant to this section, determines that a violation has occurred, the final order shall also provide for appropriate relief. (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, United States Code, 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, United States Code. (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 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)). (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 302 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. SEC. 321. COVERAGE OF PREVIOUSLY EXEMPT STATE EMPLOYEES. 2 USC 1220. (a) APPLICATION. —The rights, protections, and remedies provided pursuant to section 302 and 307(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;

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