[Congressional Record Volume 141, Number 162 (Thursday, October 19, 1995)]
[Senate]
[Page S15368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             AUTHORIZING TESTIMONY AND LEGAL REPRESENTATION

  Mr. DOLE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 186, submitted 
earlier by Senator Dole and Senator Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 186) to authorize testimony by Senate 
     employees 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 U.S. Government is the defendant in a 
pending case in the U.S. Court of Federal Claims arising out of a 
dispute with a private real estate developer over the Government's 
procurement to lease a new headquarters building for the Securities and 
Exchange Commission. The plaintiff developer responded to the 
Government's request for proposals by offering to build the SEC a new 
headquarters building in Silver Spring, MD. The plaintiff alleges in 
this lawsuit that the Government violated procurement law in connection 
with the SEC headquarters procurement.
  The Government has determined that the group of individuals who may 
have relevant information about this case includes two employees on 
Senator Sarbanes' staff. In addition to his interest in this matter 
arising out of the SEC's potential selection of a site in Maryland for 
its headquarters building, Senator Sarbanes is the ranking minority 
member of the Committee on Banking, Housing, and Urban Affairs, which 
has oversight jurisdiction over the SEC.
  Senator Sarbanes would like the Senate to authorize the employees in 
his office to testify in response to the Government's request. This 
resolution would authorize them to testify with representation by the 
Senate legal counsel.
  Mr. President, I ask unanimous consent that the resolution 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. Without 
objection, the preamble is agreed to.
  So the resolution (S. Res. 186) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 186

       Whereas, the defendant in Triangle MLP United Partnership 
     v. United States, No. 95-430C, a civil action pending in the 
     United States Court of Federal Claims, is seeking testimony 
     at a deposition from Charles Stek and Rebecca Wagner, 
     employees of the Senate who are on the staff of Senator Paul 
     S. Sarbanes;
       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 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 subpoenas 
     or requests for testimony issued or made to them in their 
     official capacities: Now, therefore, be it
       Resolved, That Charles Stek, Rebecca Wagner, and any other 
     employee of the Senate from whom testimony may be required 
     are authorized to testify and to produce documents in the 
     case of Triangle MLP United Partnership v. United States, 
     except concerning matters for which a privilege should be 
     asserted.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent Charles Stek, Rebecca Wagner, and any other 
     employee of the Senate in connection with the testimony 
     authorized by this resolution.

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