[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 450 Agreed to Senate (ATS)]







108th CONGRESS
  2d Session
S. RES. 450

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 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, by Senate Resolution 394, 108th Congress, the Senate authorized 
        testimony and legal representation of a former employee of, and a 
        detailee to, the Permanent Subcommittee on Investigations 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;
Whereas, in the case of United States v. Daniel Bayly, et al., subpoenas for 
        testimony have been issued to Claire Barnard, a former employee of, and 
        Edna Falk Curtin, a former detailee to, the Permanent Subcommittee on 
        Investigations;
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 Claire Barnard and Edna Falk Curtin 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 Claire 
Barnard and Edna Falk Curtin in connection with the testimony 
authorized in section one of this resolution.
                                 <all>