[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 394 Agreed to Senate (ATS)]







108th CONGRESS
  2d Session
S. RES. 394

 To authorize testimony and representation in United States v. Daniel 
                             Bayly, et al.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2004

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

_______________________________________________________________________

                               RESOLUTION


 
 To authorize testimony and representation in United States v. Daniel 
                             Bayly, et al.

Whereas, by Senate Resolution 317, 107th Congress, the Senate authorized the 
        Permanent Subcommittee on Investigations of the Committee on 
        Governmental Affairs to produce records from its investigation into the 
        collapse of Enron Corporation to law enforcement and regulatory 
        officials and agencies;
Whereas, in the case of United States v. Daniel Bayly, et al., Cr. No. H-03-363, 
        pending in the United States District Court for the Southern District of 
        Texas, the parties have requested testimony from Tim Henseler, a former 
        employee of, and Jim Pittrizzi, a detailee to, the Permanent 
        Subcommittee on Investigations of the Committee on Governmental Affairs;
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 testimony relating to their official 
        responsibilities;
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 can, by administrative or judicial process, be 
        taken from such control or possession but by permission of the Senate; 
        and
Whereas, when it appears that evidence under the control or in the possession of 
        the Senate is needed for the promotion of justice, the Senate will take 
        such action as will promote the ends of justice consistent with the 
        privileges of the Senate: Now, therefore, be it
    Resolved, That Tim Henseler and Jim Pittrizzi are authorized to 
testify in the case of United States v. Daniel Bayly, et al., except 
concerning matters for which a privilege should be asserted.
    Sec. 2. The Senate Legal Counsel is authorized to represent Tim 
Henseler and Jim Pittrizzi in connection with the testimony authorized 
in section one of this resolution.
                                 <all>