[Congressional Record Volume 144, Number 11 (Thursday, February 12, 1998)]
[Senate]
[Page S777]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 178--TO AUTHORIZE THE PRODUCTION OF SENATE DOCUMENTS 
             AND REPRESENTATION BY THE SENATE LEGAL COUNSEL

  Mr. LOTT (for himself and Mr. Daschle) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 178

       Whereas, in the case of United States f.u.b.o. Kimberly 
     Industries v. Trafalgar House Construction, Civil Case No. 
     97-0462, pending in the United States District Court for the 
     Southern District of West Virginia, documents have been 
     requested from the offices of Senator Robert C. Byrd and 
     Senator John D. Rockefeller IV;
       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, 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 evidence relating to their 
     official responsibilities;
       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 the offices of Senator Byrd and Senator 
     Rockefeller are authorized to produce documents in the case 
     of United States f.u.b.o. Kimberly Industries v. Trafalgar 
     House Construction, except concerning matters for which a 
     privilege or objection should be asserted.
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent employees of Senator Byrd and Senator Rockefeller 
     in connection with any subpoena or request for documents or 
     testimony in United States f.u.b.o. Kimberly Industries v. 
     Trafalgar House Construction.

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