[Congressional Record Volume 143, Number 12 (Tuesday, February 4, 1997)]
[Senate]
[Page S979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PROVIDING FOR SERVICE BY THE DIRECTOR OF THE OFFICE OF SENATE FAIR 
                          EMPLOYMENT PRACTICES

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate Resolution 48 
submitted earlier today by myself and Senator Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 48) providing for service on a 
     temporary and intermittent basis by the director of the 
     Office of Senate Fair Employment Practices.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the resolution?
  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. I ask unanimous consent that the resolution be agreed to 
and the motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 48) was agreed to.
  The resolution is as follows:

                               S. Res. 48

       Resolved,

     SECTION 1. TEMPORARY AND INTERMITTENT SERVICE.

       (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Office of Senate Fair Employment Practices.
       (2) Hearing officer.--The term ``hearing officer'' means a 
     hearing officer appointed in accordance with section 307(b) 
     of the Government Employee Rights Act of 1991 (2 U.S.C. 
     1207(b)) (as in effect on January 22, 1995).
       (3) Office.--The term ``Office'' means the Office of Senate 
     Fair Employment Practices.
       (b) Director.--
       (1) Service.--The acting Director may continue to serve as 
     the Director only on a temporary and intermittent basis, in 
     accordance with a contract entered into with the President 
     pro tempore of the Senate, on the recommendation of the 
     Majority Leader and the Minority Leader of the Senate.
       (2) Contract.--
       (A) In general.--Except as provided in subparagraph (B), 
     subsection (b) of section 303 of the Government Employee 
     Rights Act of 1991 (2 U.S.C. 1203) (as in effect on January 
     22, 1995) shall not apply to the service of the Director.
       (B) Exception.--The contract shall include provisions 
     concerning such service that are consistent with the last 
     sentence of subsection (b)(1) of such section 303 of the 
     Government Employee Rights Act of 1991.
       (c) Hearing Officers.--The President pro tempore of the 
     Senate may extend, pursuant to an agreement between the 
     President pro tempore and a hearing officer, a contract that 
     was entered into by the Director and the hearing officer 
     prior to the date of adoption of this resolution. The 
     President pro tempore shall extend any such contract on 
     behalf of the Office in the same manner and under the same 
     conditions as a standing committee of the Senate may procure 
     services on behalf of the committee under section 202(i) of 
     the Legislative Reorganization Act of 1946 (2 U.S.C. 72a(i)). 
     The Director shall have no authority under subsection (c) of 
     such section 303 of the Government Employee Rights Act of 
     1991.
       (d) Expenses of the Office.--
       (1) Approval.--The Office shall have no authority to 
     approve a voucher under subsection (d) of such section 303 of 
     the Government Employee Rights Act of 1991, except for the 
     compensation of a hearing officer. The Office shall also 
     obtain the approval of the Committee on Rules and 
     Administration of the Senate for the voucher for the 
     compensation of the hearing officer. The Office shall obtain 
     the approval of the President pro tempore of the Senate and 
     the Committee for any voucher required under such subsection 
     for the compensation of the Director or for reimbursement of 
     expenses for a private document carrier. The Director shall 
     retain authority to make payments described in paragraphs (2) 
     through (5) of the third sentence of such subsection.
       (2) Limitations.--Payments described in paragraph (1) shall 
     be made from amounts made available under subsection (e). The 
     Office shall use the amounts to carry out the 
     responsibilities of the Office in accordance with section 506 
     of the Congressional Accountability Act of 1995 (2 U.S.C. 
     1435).
       (e) Funding.--The Secretary of the Senate may make 
     available amounts, not to exceed a total of $5,000, from the 
     resolution and reorganization reserve of the miscellaneous 
     items appropriations account, within the contingent fund of 
     the Senate, for use by the Office through September 30, 1997.
       (f) Effective Date.--This resolution takes effect on 
     January 31, 1997.
       (g) Termination.--This authority under this resolution 
     terminates at the end of September 30, 1997.

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