[Congressional Record Volume 142, Number 93 (Friday, June 21, 1996)]
[Senate]
[Page S6672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   AUTHORIZING TESTIMONY AND REPRESENTATION OF FORMER SENATE EMPLOYEE

  Mr. BROWN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of a Senate resolution submitted 
earlier today by the majority leader and the Democratic leader.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       A resolution (S. Res. 269) to authorize testimony and 
     representation of former Senate employee in Ward v. United 
     States.

  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. LOTT. Mr. President, in the case of Ward versus United States, a 
civil action for damages resulting from alleged improper disclosure of 
tax-return information by the Internal Revenue Service, the plaintiff 
has requested testimony from a former chief of staff to Senator Brown. 
While he was employed by Senator Brown in the summer and fall of 1993, 
the former chief of staff provided consistent services to the plaintiff 
by contacting the IRS on her behalf. The plaintiff is seeking testimony 
from the former chief of staff describing his conversations with 
Internal Revenue Service employees. Senator Brown believes that it is 
appropriate for his former chief of staff to submit an affidavit and to 
testify in this proceeding.
  Mr. President, this resolution would authorize the former chief of 
staff to provide testimony in this case, and would authorize the Senate 
legal counsel to represent him.
  Mr. BROWN. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motion to reconsider be 
laid upon the table, and that a statement of explanation be included in 
the Record at this point.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 269) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 269

       Whereas, in the case of Carol Ward v. United States, Civil 
     Case No. 95-WY-810-WD, pending in the United States District 
     Court for the District of Colorado, testimony has been 
     requested from William T. Brack, a former chief of staff to 
     Senator Hank Brown;
       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 
     official 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 
     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: Now, therefore, be it
       Resolved, That William T. Brack is authorized to testify in 
     the case of Carol Ward v. United States, Civil Case No. 95-
     WY-810-WD (D. Colo.), except concerning matters for which a 
     privilege should be asserted.
  Sec. 2. That the Senate Legal Counsel is authorized to represent 
William T. Brack in connection with his testimony in Carol Ward v. 
United States.

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