[Congressional Record Volume 140, Number 13 (Thursday, February 10, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 10, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                AUTHORIZING SENATE EMPLOYEE'S TESTIMONY

  Mr. FORD. Mr. President, on behalf of the majority leader and the 
Republican leader, I send a resolution to the desk on authorization of 
Senate testimony and ask unanimous consent that the Senate proceed to 
its immediate consideration; that the resolution be adopted; that the 
preamble be agreed to; that the motion to reconsider be laid upon the 
table; and that a statement by the majority leader be placed at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the resolution (S. Res. 181) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 181

       Whereas, in the case United States v. Eduardo Lopez 
     Ballori, Cr. No. 91-380(GG), which was tried in the United 
     States District Court for the District of Puerto Rico in 
     1992, the United States obtained the trail testimony of 
     Claudia Breggia, a Senate employee;
       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;
       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;
       Whereas, pursuant to 2 U.S.C. Sec. 130b(e)(1), the Senate, 
     authorization of testimony is required in order for witness 
     travel expenses to be reimbursable: Now therefore be it 
     Resolved, That the testimony of Claudia Breggia in United 
     States v. Eduardo Lopez Ballori, Cr. No. 91-380(GG) is deemed 
     authorized.

  Mr. MITCHELL. Mr. President, in the case of United States v. Eduardo 
Lopez Ballori, Cr. No. 91-380(GG), which was tried in the United States 
District Court for the District of Puerto Rico in 1992, the United 
States obtained the trial testimony of Claudia Breggia, a Senate 
employee, for the purpose of identifying official records. The purpose 
of this resolution is to authorize the reimbursement of Ms. Breggia's 
expenses related to her provision of testimony as a government witness.
  Under Senate rule XI and Senate practice, no evidence under the 
control of the Senate can be taken by judicial process without the 
Senate's permission. Accordingly, when documents or the testimony of 
Senate employees in relation to official responsibilities are required 
for use in judicial proceedings, Senate authorization must be obtained. 
This authorization is provided by the adoption of a Senate resolution 
when the Senate is in session. When testimony or production of records 
is required during periods of recesses or adjournments, authorization 
maybe provided by the Joint Leadership Group acting under Senate 
Resolution 490 of the 97th Congress.
  The requirement of authorization provides the Senate with the 
opportunity, with review by the Senate Legal Counsel and concerned 
Members and committees, as the case may be, to determine whether any 
privileges of the Senate should be asserted in regard to a subpoena or 
other demand for Senate information. The Senate loses that opportunity 
when authorization is not sought.
  Another consequence of not obtaining authorization is that expenses 
related to appearing as a witness are not eligible for reimbursement by 
the Senate. Under 2 U.S.C. Sec. 130b(e)(1), a congressional employee 
who provides testimony in an official capacity, and whose testimony is 
``authorized * * * by the House of the Congress disbursing his pay,'' 
may be reimbursed for travel expenses. The Committee on Rules and 
Administration has promulgated regulations governing the payment of 
such expenses. If testimony is not authorized by the Senate, however, 
witness expenses may not be reimbursed by the Senate.
  Last year, a Senate employee, who obtained authorization to testify 
at trial in one case, inadvertently did not obtain authorization to 
provide similar testimony in a second trial. Accordingly, without the 
resolution that is now proposed, the employee could not be paid by the 
Senate for unreimbursed witness expenses related to her testimony at 
the second trial. Given the similarity of the employee's testimony at 
both trials, authorization would readily have been provided for the 
second trial. For this reason and because the failure to obtain 
authorization was inadvertent, the proposed resolution would authorize 
the employee's testimony retroactively, and authorize payment for 
unreimbursed expenses.
  For the future, it is important to bear in mind the need for advance 
authorization for testimony or the production of documents, in order to 
protect the interests of the Senate and to avoid adverse consequences 
for Senate employees who incur expenses when they are summoned to 
testify or produce documents about official matters.

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