[Congressional Record Volume 141, Number 177 (Thursday, November 9, 1995)]
[Senate]
[Page S16939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         AUTHORIZING REPRESENTATION BY THE SENATE LEGAL COUNSEL

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now 
proceed to the immediate consideration of Senate Resolution 194, 
submitted earlier today by Senator Dole.
  The PRESIDING OFFICER. The clerk will report the resolution.
  The legislative clerk read as follows:

       A resolution (S.Res. 194) to authorize representation by 
     the Senate Legal Counsel.

  The Senate proceeded to consider the resolution.
  Mr. DOLE. Mr. President, early next year, the substantive provisions 
of the Congressional Accountability Act of 1995, which, among other 
things, creates procedures for judicial review of employment 
discrimination claims throughout the Congress, begin to take effect. 
Although the 1995 Act will govern all cases that arise after the 
requirements of the new law takes effect, the Senate's process for 
review of employment discrimination claims in Senate employment, which 
was created by the Government Employee Rights Act of 1991, continues to 
govern older cases. Office of the U.S. Senate Sergeant at Arms versus 
Office of Senate Fair Employment Practices, now pending in the United 
States Court of Appeals for the Federal Circuit, is a case initiated 
under the 1991 act.
  The petitioner in this case is the Office of the Sergeant at Arms, 
which under the 1991 law is the employing office for Senate-paid 
members of the Capitol Police. The Office of the Sergeant at Arms seeks 
review of a ruling of the Select Committee on Ethics, which affirmed a 
decision of a hearing board appointed by the Director of the Office of 
Senate Fair Employment Practices. The Ethics Committee decision, which 
was signed jointly by the chairman and vice chairman, held that there 
had been a failure to reasonably accommodate a Capitol Police officer's 
disabilities of alcoholism and depression in violation of the 
Rehabilitation Act of 1973 and the Americans with Disabilities Act of 
1990, as incorporated into the Government Employee Rights Act.
  Under the Government Employee Rights Act, a final decision of the 
Ethics Committee is entered in the records of the Office of Senate Fair 
Employment Practices, which is then named as the respondent if the 
decision is challenged in the Federal Circuit. As petitions for review 
in the Federal circuit challenge final decisions of a Senate 
adjudicatory process, under the Government Employee Rights Act the 
Senate Legal Counsel may be directed to defend those decisions through 
representation of the Office of Senate Fair Employment Practices in 
court.
  Accordingly, this resolution directs the Senate Legal Counsel to 
represent the Office of Senate Fair Employment Practices, in the case 
of Office of U.S. Senate Sergeant at Arms versus Office of Senate Fair 
Employment Practices, in defense of the Ethics Committee's final 
decision.
  Mr. LOTT. Mr. President I ask unanimous consent that the resolution 
be agreed to, the motion to reconsider be laid upon the table, and that 
any statements relating to the resolution appear at the appropriate 
place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 194) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 194

       Whereas, in the case of Office of the United States Senate 
     Sergeant at Arms v. Office of Senate Fair Employment 
     Practices, No. 95-6001, pending in the United States Court of 
     Appeals for the Federal Circuit, the Office of the Sergeant 
     at Arms has sought review of a final decision of the Select 
     Committee on Ethics which had been entered, pursuant to 
     section 308 of the Government Employee Rights Act of 1991, 2 
     U.S.C. Sec. 1208 (1994), in the records of the Office of 
     Senate Fair Employment Practices;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1)(1994), the Senate may direct its counsel to 
     defend committees of the Senate in civil actions relating to 
     their official responsibilities;
       Whereas, pursuant to section 303(f) of the Government 
     Employee Rights Act of 1991, 2 U.S.C. Sec. 1203(f)(1994), for 
     purposes of representation by the Senate Legal Counsel, the 
     Office of Senate Fair Employment Practices, the respondent in 
     this proceeding, is deemed a committee within the meaning of 
     sections 703(a) and 704(a)(1) of the Ethics in Government Act 
     of 1978, 2 U.S.C. Sec. Sec. 288b(a), 288c(a)(1)(1994): Now, 
     therefore, be it
       Resolved, That the Senate Legal Counsel is directed to 
     represent the Office of Senate Fair Employment Practices in 
     the case of Office of the Senate Sergeant at Arms v. Office 
     of Senate Fair Employment Practices.

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