IV

103D CONGRESS

1ST SESSION S. RES. 139

To establish procedures relating to the settlement of complaints filed with

the Office of Senate Fair Employment Practices, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 4 (legislative day, JUNE 30), 1993

Mr. MITCHELL (for himself and Mr. DOLE) submitted the following resolution;

which was considered and agreed to

RESOLUTION

To establish procedures relating to the settlement of complaints filed with the Office of Senate Fair Employment

Practices, and for other purposes.

1 Resolved, That (a)(1) if, at any time after a Senate

2 employee (as defined in section 301(c)(1) of the Govern3 ment Employee Rights Act of 1991 (Public Law 102–166)

4 (hereinafter referred to as the ‘‘Act’’)) files a formal com5 plaint under section 307(a) of the Act with the Office of

6 Senate Fair Employment Practices (hereinafter referred

7 to as the ‘‘Office’’)—

8 (A) such employee and the head of an employ9 ing office (as defined in section 301(c)(2) of the Act)

10 resolve the issues involved and enter into a written
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•SRES 139 ATS

1 settlement agreement requiring the payment of

2 money as provided in subsection (c), and

3 (B) the agreement is approved by the Director

4 of the Office (hereinafter referred to as the

5 ‘‘Director’’),

6 the Director shall submit the agreement, together with a

7 letter of advice by the Director that the agreement is rea8 sonable and appropriate, to the Chairman and Ranking

9 Minority Member of the Committee on Rules and Adminis10 tration (hereinafter referred to as the ‘‘Chairman and

11 Ranking Member’’) for approval.

12 (2) Any such settlement agreement that includes any

13 provision regarding Senate payment of a Senate employ14 ee’s attorney’s fees shall be forwarded by the Director to

15 the Senate Legal Counsel who shall also review that provi16 sion and advise the Chairman and Ranking Member

17 whether that provision is reasonable and appropriate.

18 (3) If the Chairman and Ranking Member disapprove

19 the agreement, the agreement shall be returned to the Di20 rector with a written explanation for the disapproval. Fol21 lowing such disapproval, a new or revised agreement that

22 is approved by the Director may be submitted by the Di23 rector to the Chairman and Ranking Member, and, if ap24 propriate, forwarded to the Senate Legal Counsel, in the

25 same manner as the original. If the Chairman and Rank-
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•SRES 139 ATS

1 ing Member disapprove such a new or revised agreement,

2 such agreement shall be returned to the Director with a

3 written explanation and such instructions as the Chairman

4 and Ranking Member may deem appropriate.

5 (4) If the Chairman and Ranking Member approve

6 the agreement, the payment of money under the terms of

7 such agreement may be authorized as provided in sub8 section (c).

9 (5) The time necessary to complete the procedures

10 under paragraphs (1)(B), (2), and (3) shall be excluded

11 in calculating the period within which a hearing shall be

12 conducted under section 307(d) of the Act.

13 (b) Notwithstanding the third sentence of section

14 307(h) of the Act, if, upon the conclusion of all proceed15 ings conducted pursuant to sections 307, 308, and 309

16 of the Act, there is a final order requiring the payment

17 of money, the Chairman and Ranking Member may ap18 prove and authorize the payment of money as provided

19 in subsection (c). The Senate Legal Counsel shall provide

20 such advice and assistance as the Chairman and Ranking

21 Member may request for the purposes of this subsection.

22 (c) The payment of any monetary amount approved

23 as part of a settlement agreement approved under sub24 section (a) and any payment pursuant to an order under

25 subsection (b) shall be paid from the Contingent Fund of
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•SRES 139 ATS

1 the Senate from the appropriations account ‘‘Settlements

2 and Awards Reserve’’, established by section 1205 of Pub3 lic Law 103–50, upon vouchers approved by the Chairman

4 and Ranking Member.

5 (d) The Chairman and Ranking Member, the Senate

6 Legal Counsel, and the Director may review information

7 necessary to carry out the provisions of this resolution not8 withstanding the provisions of section 313 of the Act.

9 (e) The provisions of this resolution shall apply to—

10 (1) an allegation of a violation as defined in

11 section 301(c)(3) of the Act,

12 (2) an allegation of an unlawful employment

13 practice under section 312 of the Act, and

14 (3) an allegation of a violation of a provision of

15 sections 101 through 105 of the Family and Medical

16 Leave Act of 1993.

17 (f) The first sentence of section 303(e) of the Act

18 is deemed to have inserted the words ‘‘, upon the approval

19 of the Committee on Rules and Administration,’’ after

20 ‘‘The Director’’.

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