III 109th CONGRESS 2d Session S. RES. 584 IN THE SENATE OF THE UNITED STATES September 25, 2006 Mr. Frist (for himself and Mr. Reid) submitted the following resolution; which was considered and agreed to RESOLUTION To authorize the production of records, testimony, and legal representation.

Whereas the United States Attorney's Office for the District of Columbia is conducting an investigation of the financial disclosures made by Dr. Lester Crawford to the Committee on Health, Education, Labor, and Pensions in connection with confirmation proceedings on Dr. Crawford's nomination to be Commissioner of the Food and Drug Administration; Whereas the Committee on Health, Education, Labor, and Pensions has received a request from the United States Attorney's Office for testimony of three employees of the Committee and for records of the Committee relevant to the investigation; Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government Act of 1978, 2 U.S.C. §§ 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

That the Committee on Health, Education, Labor, and Pensions is authorized to produce documents and committee staff are authorized to testify in these and related proceedings, except where a privilege should be asserted.

2.The Senate Legal Counsel is authorized to represent employees of the Committee on Health, Education, Labor, and Pensions in connection with the document production and testimony authorized in section one of this resolution.