[Congressional Record Volume 144, Number 38 (Monday, March 30, 1998)]
[Senate]
[Pages S2778-S2779]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         AUTHORIZATION FOR SENATE LEGAL COUNSEL REPRESENTATION

  Mr. DeWINE. Mr. President, further, on behalf of the majority leader, 
I ask unanimous consent that the Senate proceed to the immediate 
consideration of S. Res. 202 submitted earlier today by Senators Lott 
and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 202) 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 cases of William L. Singer versus Office of Senate Fair 
Employment Practices and Office of the Senate Sergeant at Arms versus 
Office of Senate Fair Employment Practices, now pending in the United 
States Court of Appeals for the Federal Circuit, arise under the 1991 
Act.
  These consolidated cases present the Federal Circuit with two 
petitions for review of the same underlying order. The first petition 
was filed by William Singer, a former member of the Capitol Police. 
After Officer Singer filed his petition for review, the Office of the 
Senate Sergeant at Arms, Officer Singer's ``employing office'' under 
the statute, filed its own petition for review. Both petitions seek 
review of a ruling of the Select Committee on Ethics concerning Officer 
Singer's request for reimbursement of attorneys' fees incurred in an 
underlying employment discrimination action.
  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

[[Page S2779]]

the Office of Senate Fair Employment Practices, in the cases of Singer 
versus Office of Senate Fair Employment Practices and Office of the 
Senate Sergeant at Arms versus Office of Senate Fair Employment 
Practices, in defense of the Ethics Committee's final decision.
  Mr. DeWINE. 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, and that any statements relating to 
this measure appear at this point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 202) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 202

       Whereas, in the cases of William L. Singer v. Office of 
     Senate Fair Employment Practices, No. 98-6002, and Office of 
     the Senate Sergeant at Arms v. Office of Senate Fair 
     Employment Practices, No. 98-6003, pending in the United 
     States Court of Appeals for the Federal Circuit, petitioners 
     William L. Singer and the Office of the Senate Sergeant at 
     Arms have 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 cases of William L. Singer v. Office of Senate Fair 
     Employment Practices and Office of the Senate Sergeant at 
     Arms v. Office of Senate Fair Employment Practices.

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