[Congressional Record Volume 140, Number 65 (Monday, May 23, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 23, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
  AUTHORIZING TESTIMONY AND REPRESENTATION OF FORMER EMPLOYEE OF THE 
                                 SENATE

  Mr. MITCHELL. Mr. President, on behalf of myself and the Republican 
leader, I send a resolution to the desk authorizing the testimony of a 
former Senate employee with representation by legal counsel, and I ask 
unanimous consent that the Senate proceed to its immediate 
consideration; that the resolution be agreed to; that the preamble be 
agreed to; that the motion to reconsider be laid upon the table, and 
that a statement by myself be placed in the Record at the appropriate 
place.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the resolution (S. Res. 215) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 215

       Whereas, in the case of Sonja I. Anderson v. Kaiser 
     Engineers Hanford Co., No. 94-ERA-14, pending in the United 
     States Department of Labor, counsel for the complianant has 
     requested deposition testimony from Robert Alvarez, a former 
     employee of the Senate on the staff 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 
     offical 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;
       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 Robert Alvarez is authorized to testify in 
     the case of Sonja I. Anderson v. Kaiser Engineers Hanford 
     Co., and any related proceedings, except concerning matters 
     for which a privilege should be asserted.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     respresent Robert Alvarez in connection with his testimony in 
     Sonja I. Anderson v. Kaiser Engineers Hanford Co.

  Mr. MITCHELL. Mr. President, an employee of a Department of Energy 
contractor has filed a complaint before the Department of Labor named 
Sonja I. Anderson versus Kaiser Engineers Hanford Co., in which she 
alleges that her employer violated whistleblower protection provisions 
of the Energy Reorganization Act by retaliating against her for 
communicationg with the Government Affairs Committee and other 
Government entities about environmental and safety deficiencies at 
Hanford Nuclear Reservation.
  Counsel for the complianant has request that Robert Alvarez, a former 
employee on the staff of the Governmental Affairs Committee with whom 
she dealt, testify at a deposition about the significance of the 
information she provided to the committee. Mr. Alvarez is presently an 
official at the Department of Energy.
  At the request of the Governmental Affairs Committee, this resolution 
would authorize Mr. Alvarez to testify in this proceeding, except about 
any matters for which the committee's privileges should be asserted, 
and authorize the Senate legal counsel to represent him in connection 
with his testimony.

                          ____________________