JUDICIAL REVIEW.

SEC. 309. JUDICIAL REVIEW. (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— 105 STAT. 1094 (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)).