[Congressional Record Volume 143, Number 155 (Friday, November 7, 1997)]
[Senate]
[Pages S12063-S12064]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AUTHORIZING TESTIMONY, PRODUCTION OF DOCUMENTS AND REPRESENTATION BY 
                          SENATE LEGAL COUNSEL

  Mr. LOTT. I ask unanimous consent the Senate proceed to the immediate 
consideration of Senate Resolution 147 submitted earlier today by 
Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 147) to authorize testimony, 
     production of documents, and representation in First American 
     Corp., et al. v. Sheikh Zayed Bin Sultan Al-Nahyan, et al.

  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, the civil case of First American 
Corporation, et al. versus Sheikh Zayed Bin Sultan Al-Nahyan, et al., 
pending in the District Court for the District of Columbia, presents 
claims arising out of the former business relationships between First 
American Bank and the Bank of Credit and Commerce, International, known 
as BCCI.
  BCCI's business dealings were the subject of extensive hearings by 
the Subcommittee on Terrorism, Narcotics, and International Operations, 
of the Committee on Foreign Relations, between 1988 and 1992. Senator 
John Kerry, who chaired that subcommittee, and former Senator Hank 
Brown, who was the ranking member, prepared a lengthy report 
documenting their findings.

[[Page S12064]]

  The Foreign Relations Committee has received a request for a former 
counsel to the subcommittee, Jack Blum, to testify in this civil action 
about responses that the Subcommittee received to its requests for 
information in the course of its investigation. The Committee believes 
that it is appropriate to authorize the testimony requested on this 
subject. This resolution would accordingly authorize Mr. Blum to 
testify about this subject, but the resolution authorizes no other 
testimony by any Member or employee.
  The committee has also received a request for committee records in 
connection with this case. In keeping with prior Senate practice, this 
resolution will not authorize the wholesale production of committee 
records, but authorizes the chairman and ranking member of the Foreign 
Relations Committee to produce, on a case-by-case basis, copies of 
selective committee records from this subcommittee investigation, where 
a strong basis for the request has been shown and the Senate's 
privileges permit.
  Finally, the resolution authorizes the Senate legal counsel to 
provide representation in connection with the requests for testimony 
and documents in this proceeding.
  Mr. LOTT. I ask unanimous consent the resolution be 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 this point 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 147) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 147

       Whereas, in the case of First American Corp., et al. v. 
     Sheikh Zayed Bin Sultan Al-Nahyan, et al., C.A. No. 93-1309 
     (JHG/PJA), pending in the United States District Court for 
     the District of Columbia, the plaintiff has requested 
     testimony from Jack Blum, a former employee on the staff of 
     the Committee on Foreign Relations, and the production of 
     documents of the Committee on Foreign Relations;
       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 Members, employees, committees, and subcommittees, 
     of the Senate with respect to any subpoena, order, or request 
     for testimony or documents 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 Jack Blum is authorized to testify in the 
     case of First American Corp., et al. v. Sheikh Zayed Bin 
     Sultan Al-Nahyan, et al., except concerning matters for which 
     a privilege should be asserted, and the chairman and ranking 
     minority member of the Committee on Foreign Relations, acting 
     jointly, are authorized to produce records of the Committee 
     relating to the investigation of the Subcommittee on 
     Terrorism, Narcotics, and International Operations into the 
     Bank of Credit and Commerce, International.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent Jack Blum, the Committee on Foreign Relations, and 
     any present or former Member or employee of the Senate, in 
     connection with First American Corp., et al. v. Sheikh Zayed 
     Bin Sultan Al-Nahyan, et al.

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