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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 139 Agreed to Senate (ATS)]

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.

    Resolved, That (a)(1) if, at any time after a Senate employee (as 
defined in section 301(c)(1) of the Government Employee Rights Act of 
1991 (Public Law 102-166) (hereinafter referred to as the ``Act'')) 
files a formal complaint under section 307(a) of the Act with the 
Office of Senate Fair Employment Practices (hereinafter referred to as 
the ``Office'')--
            (A) such employee and the head of an employing office (as 
        defined in section 301(c)(2) of the Act) resolve the issues 
        involved and enter into a written settlement agreement 
        requiring the payment of money as provided in subsection (c), 
        and
            (B) the agreement is approved by the Director of the Office 
        (hereinafter referred to as the ``Director''),
the Director shall submit the agreement, together with a letter of 
advice by the Director that the agreement is reasonable and 
appropriate, to the Chairman and Ranking Minority Member of the 
Committee on Rules and Administration (hereinafter referred to as the 
``Chairman and Ranking Member'') for approval.
    (2) Any such settlement agreement that includes any provision 
regarding Senate payment of a Senate employee's attorney's fees shall 
be forwarded by the Director to the Senate Legal Counsel who shall also 
review that provision and advise the Chairman and Ranking Member 
whether that provision is reasonable and appropriate.
    (3) If the Chairman and Ranking Member disapprove the agreement, 
the agreement shall be returned to the Director with a written 
explanation for the disapproval. Following such disapproval, a new or 
revised agreement that is approved by the Director may be submitted by 
the Director to the Chairman and Ranking Member, and, if appropriate, 
forwarded to the Senate Legal Counsel, in the same manner as the 
original. If the Chairman and Ranking Member disapprove such a new or 
revised agreement, such agreement shall be returned to the Director 
with a written explanation and such instructions as the Chairman and 
Ranking Member may deem appropriate.
    (4) If the Chairman and Ranking Member approve the agreement, the 
payment of money under the terms of such agreement may be authorized as 
provided in subsection (c).
    (5) The time necessary to complete the procedures under paragraphs 
(1)(B), (2), and (3) shall be excluded in calculating the period within 
which a hearing shall be conducted under section 307(d) of the Act.
    (b) Notwithstanding the third sentence of section 307(h) of the 
Act, if, upon the conclusion of all proceedings conducted pursuant to 
sections 307, 308, and 309 of the Act, there is a final order requiring 
the payment of money, the Chairman and Ranking Member may approve and 
authorize the payment of money as provided in subsection (c). The 
Senate Legal Counsel shall provide such advice and assistance as the 
Chairman and Ranking Member may request for the purposes of this 
subsection.
    (c) The payment of any monetary amount approved as part of a 
settlement agreement approved under subsection (a) and any payment 
pursuant to an order under subsection (b) shall be paid from the 
Contingent Fund of the Senate from the appropriations account 
``Settlements and Awards Reserve'', established by section 1205 of 
Public Law 103-50, upon vouchers approved by the Chairman and Ranking 
Member.
    (d) The Chairman and Ranking Member, the Senate Legal Counsel, and 
the Director may review information necessary to carry out the 
provisions of this resolution notwithstanding the provisions of section 
313 of the Act.
    (e) The provisions of this resolution shall apply to--
            (1) an allegation of a violation as defined in section 
        301(c)(3) of the Act,
            (2) an allegation of an unlawful employment practice under 
        section 312 of the Act, and
            (3) an allegation of a violation of a provision of sections 
        101 through 105 of the Family and Medical Leave Act of 1993.
    (f) The first sentence of section 303(e) of the Act is deemed to 
have inserted the words ``, upon the approval of the Committee on Rules 
and Administration,'' after ``The Director''.

                                 <all>
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