[Congressional Record Volume 142, Number 14 (Thursday, February 1, 1996)]
[Senate]
[Pages S866-S867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZING THE PRODUCTION OF DOCUMENTS BY THE PERMANENT SUBCOMMITTEE 
                           ON INVESTIGATIONS

  Mrs. KASSEBAUM. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Senate Resolution 222, 
a resolution submitted earlier today by Senators Dole and Daschle; 
further, that the resolution be agreed to, the preamble agreed to, and 
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. 222) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 222

       Whereas, the Permanent Subcommittee on Investigations of 
     the Committee on Governmental Affairs conducted an 
     investigation into allegations concerning the Department of 
     Justice's handling of a computer software contract with 
     INSLAW, Inc.;
       Whereas, in the case of INSLAW, Inc., et al. v. United 
     States of America, Cong. Ref. No. 95-338X, pending in the 
     United States Court of Federal Claims, counsel for the 
     plaintiffs have requested that the Permanent Subcommittee on 
     Investigations of the Committee on Governmental Affairs 
     provide copies of records from its investigation;
       Wheeas, 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 the chairman and ranking minority member of 
     the Permanent Subcommittee on Investigations of the Committee 
     on Governmental Affairs, acting jointly, are authorized to 
     provide records to all parties in the case of INSLAW, INC., 
     et al. v. United States of America, except concerning matters 
     for which a privilege should be asserted.

  Mr. DOLE. Mr. President, earlier this year, the Senate agreed to 
Senate Resolution 114, referring to the Court of Federal Claims S. 740, 
a private bill for the relief of a computer software firm, INSLAW, 
Inc., and its owners, William A. and Nancy Burke Hamilton. The purpose 
of the referral was to obtain a report from the court about allegations 
that the Department of Justice appropriated computer software developed 
by the INSLAW firm without paying for it and whether INSLAW has 
legitimate legal or equitable claims against the government arising out 
of its contractual relations with the government.
  Some of the matters at issue in this congressional referral case were 
earlier the subject of an inquiry by the Senate Permanent Subcommittee 
on Investigations. As part of the civil discovery plan that the parties 
are undertaking under the court's supervision in this case, the 
plaintiffs' counsel has written to the leadership of the Permanent 
Subcommittee on Investigations seeking access to evidence obtained by 
the subcommittee in the course of its inquiry on subjects covered by 
the congressional referral.
  In Senate Resolution 302 of the 102d Congress, the Senate authorized 
the Investigations Subcommittee to provide evidence from its inquiry to 
a Justice Department special counsel conducting an earlier 
investigation into these matters.
  The leadership of the Subcommittee would like to assist the court by 
responding to the plaintiffs' request for relevant evidence from its 
investigation. Such assistance appears particularly warranted in this 
matter inasmuch as this litigation results from a referral initiated by 
the Senate.
  Mr. President, this resolution would authorize the Investigations 
Subcommittee, acting through its chairman and ranking member, to 
provide copies of relevant investigative records to the plaintiffs, 
with copies to the Justice Department, in response to this request.
  Mrs. KASSEBAUM. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. KASSEBAUM. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  
[[Page S867]]


         COMMEMORATING THE SESQUICENTENNIAL OF TEXAS STATEHOOD

  Mrs. KASSEBAUM. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Senate Resolution 223, 
submitted earlier by Senators Hutchison and Gramm.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 223) to commemorate the 
     sesquicentennial of Texas statehood.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the resolution?
  There being no objection, the Senate proceeded to consider the 
resolution.
  Mrs. HUTCHISON. Mr. President, I rise today to offer a resolution 
commemorating a very special event in the history of my State. This 
resolution is almost identical to one passed by the Texas State 
Legislature on March 7, 1995.
  Just last month, on December 29, 1995, Texans celebrated the 
sesquicentennial of their statehood. Unlike all other states ever 
admitted, we gave up the sovereignty of an independent republic to join 
the Union.
  On March 1, 1845, Congress passed a resolution inviting the Republic 
of Texas to join the Union, and a special convention of Texans met to 
consider it, under the leadership of Thomas Jefferson Rusk. The 
convention accepted the offer on July 4, and its decision was ratified 
by the people in October. We submitted a constitution, which Congress 
accepted on December 29.
  Rusk went on to become the first United States Senator from Texas, 
and I, the great granddaughter of his law partner, now hold his seat. 
Taylor and Rush had signed the Texas Declaration of Independence from 
Mexico in 1836.
  Texans mark the 29th, quietly, as the commencement of our statehood, 
although we didn't lower the Lone Star and post the Stars and Stripes 
until February 19, 1846. We must have been happy with statehood in 
1955, because we expressly renounced the right to fly the flag of our 
old Republic at the same level as that of our Union. Our legislature 
mandated that it fly in a subordinate position, in a manner followed by 
all other states.
  Although independence remains the signal day in Texas history, Texans 
look upon their statehood with pride, as a means of ``conferring 
blessings upon the people of all the States.'' When Old Glory was 
raised for the first time in Austin, Anson Jones, the last President of 
the Republic of Texas, stated with eloquence:

       The lone star of Texas, which ten years since arose amid 
     cloud, over fields of carnage, and obscurely shone for a 
     while, and following an inscrutable destiny has passed on and 
     become fixed forever in that glorious constellation which all 
     . . . lovers of freedom in the world must . . . adore--the 
     American Union. Blending its rays with its sister stars, long 
     may it continue to shine, and may a gracious heaven smile 
     upon this consummation with the wishes of the two republics, 
     now joined together in one.

  Mrs. KASSEBAUM. Mr. President, I ask unanimous consent that the 
resolution be considered and agreed to, the preamble be agreed to, the 
motion to reconsider be laid upon the table, and that any statements 
relating to the resolution appear at appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 223) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 223

       Whereas 1995 marks 150 years since the United States of 
     America admitted Texas as the 28th State in the Union;
       Whereas the sesquicentennial of Texas statehood is a truly 
     momentous occasion that allows all Texans to reflect on their 
     State's proud heritage and bright future;
       Whereas acting on the advice of President John Tyler, the 
     United States Congress adopted a joint resolution on February 
     28, 1845, inviting the Republic of Texas to enter the Union 
     as a State with full retention of its public lands; today, a 
     century and a half later, Texas enjoys the distinction of 
     being the only State admitted with such extensive rights;
       Whereas the citizens of the Republic of Texas were deeply 
     committed to the goals and ideals embodied in the United 
     States Constitution, and, on June 16, 1845, the Congress of 
     the Republic of Texas was convened by President Anson Jones 
     to consider the proposal of statehood;
       Whereas Texas took advantage of the offer, choosing to 
     unite with a large and prosperous Nation that could more 
     effectively defend the borders of Texas and expand its 
     flourishing trade with European countries; by October 1845, 
     the Congress of the Republic of Texas had approved a State 
     constitution, charting a bold new destiny for the Lone Star 
     State;
       Whereas the proposed State constitution was sent to 
     Washington, D.C., and on December 29, 1845, the United States 
     of America formally welcomed Texas as a new State; the 
     transfer of governmental authority, however, was not complete 
     until February 19, 1846, when Anson Jones lowered the flag 
     that had flown above the Capitol for nearly 10 years and 
     stepped down from his position as president of the Republic 
     of Texas; and
       Whereas with the poignant retirement of the flag of the 
     Republic, Texas emerged as a blazing Lone Star in America's 
     firmament, taking its place as the 28th State admitted into 
     the Union: Now, therefore, be it
       Resolved, That the Senate--
       (1) commemorate the sesquicentennial of Texas statehood; 
     and
       (2) encourage all Texans to observe such day with 
     appropriate ceremonies and activities on this historic 
     occasion.

     The Secretary of the Senate shall transmit a copy of this 
     resolution to the Texas Congressional Delegation, to the 
     Governor of Texas, to the National Archives, and to the Texas 
     Archives.

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