[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 178 Agreed to Senate (ATS)]







105th CONGRESS
  2d Session
S. RES. 178

   To authorize production of Senate documents and representation by 
  Senate Legal Counsel in United States f.u.b.o. Kimberly Industries, 
       Inc., et al. v. Trafalgar House Construction, Inc., et al.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 1998

    Mr. Lott (for himself and Mr. Daschle) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
   To authorize production of Senate documents and representation by 
  Senate Legal Counsel in United States f.u.b.o. Kimberly Industries, 
       Inc., et al. v. Trafalgar House Construction, Inc., et al.

Whereas, in the case of United States f.u.b.o. Kimberly Industries v. Trafalgar 
        House Construction, Civil Case No. 97-0462, pending in the United States 
        District Court for the Southern District of West Virginia, documents 
        have been requested from the offices of Senator Robert C. Byrd and 
        Senator John D. Rockefeller IV;
Whereas, by the privileges of the Senate of the United States and Rule XI of the 
        Standing Rules of the Senate, no evidence under the control or in the 
        possession of the Senate may, by the judicial process, be taken from 
        such control or possession but by permission of the Senate;
Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government 
        Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) and 288c(a)(2), the Senate may 
        direct its counsel to represent employees of the Senate with respect to 
        any subpoena, order, or request for evidence relating to their official 
        responsibilities; and
Whereas, when it appears that evidence under the control or in the possession of 
        the Senate may promote the administration of justice, the Senate will 
        take such action as will promote the ends of justice consistently with 
        the privileges of the Senate: Now, therefore, be it
    Resolved, That the offices of Senator Byrd and Senator Rockefeller 
are authorized to produce documents in the case of United States 
f.u.b.o. Kimberly Industries v. Trafalgar House Construction, except 
concerning matters for which a privilege or objection should be 
asserted.
    Sec. 2. That the Senate Legal Counsel is authorized to represent 
employees of Senator Byrd and Senator Rockefeller in connection with 
any subpoena or request for documents or testimony in United States 
f.u.b.o. Kimberly Industries v. Trafalgar House Construction.
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