III

105TH CONGRESS

1ST SESSION S. RES. 48

Providing for service on a temporary and intermittent basis by the Director

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

IN THE SENATE OF THE UNITED STATES

FEBRUARY 4, 1997

Mr. LOTT (for himself and Mr. DASCHLE) submitted the following resolution;

which was considered and agreed to

RESOLUTION

Providing for service on a temporary and intermittent basis

by the Director of the Office of Senate Fair Employment

Practices, and for other purposes.

1 Resolved,

2 SECTION 1. TEMPORARY AND INTERMITTENT SERVICE.

3 (a) DEFINITIONS.—In this section:

4 (1) DIRECTOR.—The term ‘‘Director’’ means

5 the Director of the Office of Senate Fair Employ6 ment Practices.
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1 (2) HEARING OFFICER.—The term ‘‘hearing of2 ficer’’ means a hearing officer appointed in accord3 ance with section 307(b) of the Government Em4 ployee Rights Act of 1991 (2 U.S.C. 1207(b)) (as in

5 effect on January 22, 1995).

6 (3) OFFICE.—The term ‘‘Office’’ means the Of7 fice of Senate Fair Employment Practices.

8 (b) DIRECTOR.—

9 (1) SERVICE.—The acting Director may con10 tinue to serve as the Director only on a temporary

11 and intermittent basis, in accordance with a contract

12 entered into with the President pro tempore of the

13 Senate, on the recommendation of the Majority

14 Leader and the Minority Leader of the Senate.

15 (2) CONTRACT.—

16 (A) IN GENERAL.—Except as provided in

17 subparagraph (B), subsection (b) of section 303

18 of the Government Employee Rights Act of

19 1991 (2 U.S.C. 1203) (as in effect on January

20 22, 1995) shall not apply to the service of the

21 Director.

22 (B) EXCEPTION.—The contract shall in23 clude provisions concerning such service that
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1 are consistent with the last sentence of sub2 section (b)(1) of such section 303 of the Gov3 ernment Employee Rights Act of 1991.

4 (c) HEARING OFFICERS.—The President pro tempore

5 of the Senate may extend, pursuant to an agreement be6 tween the President pro tempore and a hearing officer,

7 a contract that was entered into by the Director and the

8 hearing officer prior to the date of adoption of this resolu9 tion. The President pro tempore shall extend any such

10 contract on behalf of the Office in the same manner and

11 under the same conditions as a standing committee of the

12 Senate may procure services on behalf of the committee

13 under section 202(i) of the Legislative Reorganization Act

14 of 1946 (2 U.S.C. 72a(i)). The Director shall have no au15 thority under subsection (c) of such section 303 of the

16 Government Employee Rights Act of 1991.

17 (d) EXPENSES OF THE OFFICE.—

18 (1) APPROVAL.—The Office shall have no au19 thority to approve a voucher under subsection (d) of

20 such section 303 of the Government Employee

21 Rights Act of 1991, except for the compensation of

22 a hearing officer. The Office shall also obtain the

23 approval of the Committee on Rules and Administra24 tion of the Senate for the voucher for the compensa25 tion of the hearing officer. The Office shall obtain
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1 the approval of the President pro tempore of the

2 Senate and the Committee for any voucher required

3 under such subsection for the compensation of the

4 Director or for reimbursement of expenses for a pri5 vate document carrier. The Director shall retain au6 thority to make payments described in paragraphs

7 (2) through (5) of the third sentence of such sub8 section.

9 (2) LIMITATIONS.—Payments described in

10 paragraph (1) shall be made from amounts made

11 available under subsection (e). The Office shall use

12 the amounts to carry out the responsibilities of the

13 Office in accordance with section 506 of the Con14 gressional Accountability Act of 1995 (2 U.S.C.

15 1435).

16 (e) FUNDING.—The Secretary of the Senate may

17 make available amounts, not to exceed a total of $5,000,

18 from the resolution and reorganization reserve of the mis19 cellaneous items appropriations account, within the con20 tingent fund of the Senate, for use by the Office through

21 September 30, 1997.

22 (f) EFFECTIVE DATE.—This resolution takes effect

23 on January 31, 1997.
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1 (g) TERMINATION.—This authority under this resolu2 tion terminates at the end of September 30, 1997.

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