[Congressional Record Volume 141, Number 98 (Thursday, June 15, 1995)]
[Senate]
[Page S8488]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL AND TESTIMONY BY 
                         FORMER SENATE EMPLOYEE

  Mr. CHAFEE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate Resolution 135, 
submitted earlier today by Senators Dole and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 135) to authorize production of 
     documents and testimony by a former Senate employee, and 
     representation by Senate legal counsel.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the resolution?
  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DOLE. Mr. President, the plaintiffs in two civil actions pending 
in North Dakota State court have requested documents and testimony from 
a former member of Senator Conrad's staff relating to constituent 
casework the staff member performed for the plaintiffs. The following 
resolution would authorize the former staff member to testify at a 
deposition with representation by the Senate Legal Counsel, and would 
authorize the production of documents.
  Mr. CHAFEE. Mr. President, I ask unanimous consent that the 
resolution be considered and agreed to, that the preamble be agreed to, 
that the motion to reconsider be laid upon the table, and that any 
statements relating to the resolution appear at the appropriate place 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the resolution (S. Res. 135) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:
                              S. Res. 135

       Whereas, the plaintiffs in Schneider v. Schaaf, Civ. No. 
     95-C-1056 and Schneider v. Messer, Civ. No. 93-C-124, civil 
     actions pending in state court in North Dakota have sought 
     the deposition testimony of Ross Keys, a former Senate 
     employee who worked for Senator Kent Conrad and documents 
     from Senator Conrad's office;
       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 section 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 requests 
     for testimony made to them in their official capacities: Now, 
     therefore, be it
       Resolved, That Ross Keys is authorized to produce records 
     and provide testimony in the cases of Schneider v. Schaaf and 
     Schneider v. Messer, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Ross Keys in connection with the testimony authorized by 
     section 1 of this resolution.
     

                          ____________________