[Congressional Record Volume 142, Number 135 (Thursday, September 26, 1996)]
[Senate]
[Page S11460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   AUTHORIZATION FOR PRODUCTION OF DOCUMENTS BY COMMITTEE ON INDIAN 
                                AFFAIRS

  Mr. LOTT. Mr. President, the Committee on Indian Affairs has received 
requests from the U.S. Department of Justice and counsel for the 
plaintiff-relators and for the defendant in a civil action captioned 
United States of America ex rel. William I. Koch, et al. versus Koch 
Industries, Inc., et al., pending in the northern district of Oklahoma, 
for access to committee records amassed in the course of an 
investigation in 1988 and 1989 by the committee's Special Committee on 
Investigations into allegations of theft of natural resources from 
Indian lands. The lawsuit is a qui tam fraud action, which similarly 
alleges theft of oil and gas resources from Federal and Indian lands 
and seeks monetary recovery on behalf of the United States.
  In the interest of assisting in the development of a full evidentiary 
record for the trial of these claims, this resolution would authorize 
the chairman and ranking minority member of the Indian Affairs 
Committee to respond to these, and any future, requests for access to 
these records, except for the committee's internal deliberative or 
confidential records, for which the committee would maintain its 
privilege.
  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 any statement relating to the resolution appear at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 302) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 302

       Whereas, the United States Department of Justice and 
     counsel for the plaintiff-relators and defendant in the case 
     of United States of America ex rel. William I. Koch, et al. 
     v. Koch Industries, Inc., et al., Case No. 91-CV-763-B, 
     pending in the United States District Court for the Northern 
     District of Oklahoma, have requested that the Committee on 
     Indian Affairs provide them with copies of records of the 
     former Special Committee on Investigations of the Committee 
     on Indian Affairs for use in connection with the pending 
     civil action;
       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 documents, papers, and 
     records 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 the Chairman and Ranking Minority Member of 
     the Committee on Indian Affairs, acting jointly, are 
     authorized to provide to the United States Department of 
     Justice, counsel for the plaintiff-relators and defendant in 
     United States of America ex rel. William I. Koch, et al. v. 
     Koch Industries, Inc., et al., and other requesting 
     individuals and entitles, copies of records of the Special 
     Committee on Investigations for use in connection with 
     pending legal proceedings, except concerning matters for 
     which a privilege should be asserted.

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