[Congressional Record Volume 143, Number 48 (Tuesday, April 22, 1997)]
[Senate]
[Page S3466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            AUTHORIZING SENATE LEGAL COUNSEL REPRESENTATION

  Mr. CHAFEE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate Resolution 77, 
submitted earlier today by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 77) to authorize representation by 
     the Senate legal counsel.

  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. Mr. President, as my colleagues are aware, the 
Congressional Accountability Act of 1995 created procedures for 
judicial review of employment discrimination claims throughout the 
Congress to govern cases arising after the requirements of the law took 
effect on January 23, 1996. The Senate's antecedent process for review 
of discrimination claims in Senate employment, which was created by the 
Government Employee Rights Act of 1991, continues to govern older 
cases. The case of William L. Singer versus Office of Senate Fair 
Employment Practices, now pending in the U.S. Court of Appeals for the 
Federal circuit, is a case initiated under the 1991 act.
  The petitioner in this case, a former officer in the Capitol Police 
Department, 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 hearing board 
decision rejected the officer's claim that his termination from the 
Capital Police violated the Americans With Disabilities Act and the 
Family and Medical Leave Act, as made applicable by 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 challenges 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 Singer versus Office of Senate Fair Employment Practices, in defense 
of the Ethics Committee's final decision.
  Mr. CHAFEE. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, the motion to 
reconsider be laid upon the table, that any statements relating to the 
resolution appear in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                               S. Res. 77

       Whereas, in the case of William L. Singer v. Office of 
     Senate Fair Employment Practices, No. 97-6000, pending in the 
     United States Court of Appeals for the Federal Circuit, 
     petitioner William L. Singer 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 William L. Singer v. Office of Senate Fair 
     Employment Practices.

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