[Congressional Record Volume 141, Number 64 (Thursday, April 6, 1995)]
[Senate]
[Pages S5518-S5519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      AUTHORIZING TESTIMONY BY FORMER SENATE EMPLOYEE AND SENATE 
                             REPRESENTATION

  Mr. THOMPSON. Mr. President, I send a resolution to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 106) to authorize testimony by former 
     Senate employee and representation by Senate legal counsel.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DOLE. Mr. President, the Pittston Coal Group has brought a civil 
lawsuit against the United Mine Workers of America alleging that the 
union breached an agreement by supporting provisions enacted in the 
Coal Act of 1992. The coal company has subpoenaed a former employee on 
Senator Rockefeller's staff to testify at a deposition as part of its 
effort to develop its case about enactment of the Coal Act. The 
plaintiff wishes to ask the employee about two documents appearing to 
be from Senator Rockefeller's office relating to enactment of the Coal 
Act. Senator Rockefeller is concerned that questioning of a former 
Senate employee about her Senate employment will abridge legislative 
privilege.
  This resolution would authorize the former employee to testify only 
about matters that do not trigger privilege concerns and would 
authorize the Senate Legal Counsel to represent Senator Rockefeller, 
the former employee, and any other Member or employee of the Senate 
from whom testimony or documents may be sought, in order to protect the 
Senate's privileges.
  The PRESIDING OFFICER. The question is on a agreeing to the 
resolution.
  The resolution (S. Res. 106) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

       Whereas, in the case of Pittston Coal Group, Inc. v. I.U., 
     UMWA, Case No. 93-0162-A, pending in the United States 
     District Court for the Western District of Virginia, a 
     subpoena for testimony at a deposition has been issued to 
     Marisa Spatafore, a former employee of the Senate on the 
     staff of Senator Rockefeller; [[Page S5519]] 
       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 
     may, by the 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 may promote the 
     administration of justice, the Senate will take such action 
     as will promote the ends of justice consistently with the 
     privileges of the Senate;
       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) (1988), the Senate may direct its counsel to 
     represent committees, Members, officers and employees of the 
     Senate with respect to subpoenas or orders issued to them in 
     their official capacity: Now, therefore, be it
       Resolved, That Marisa Spatafore is authorized to testify in 
     the case of Pittston Coal Group, Inc. v. I.U., UMWA, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. That the Senate Legal Counsel is directed to 
     represent Senator Rockefeller, Marisa Spatafore, and any 
     other Member or employee of the Senate from whom testimony or 
     documents may be sought in connection with this case.
     

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