[Congressional Record Volume 144, Number 75 (Thursday, June 11, 1998)]
[Senate]
[Page S6271]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   AUTHORIZING TESTIMONY, DOCUMENT PRODUCTION, AND REPRESENTATION OF 
                  MEMBERS AND EMPLOYEES OF THE SENATE

  Mr. THOMAS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Senate resolution 247 
submitted earlier today by Senators Lott and Daschle.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 247) to authorize testimony, document 
     production, and representation of Members and employees of 
     the Senate in U.S. Senate v. Jack L. Williams, 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, this resolution concerns a criminal 
prosecution brought against Jack L. Williams and Archibald R. Schaffer, 
III, representatives of Tyson Foods, Inc., alleging illegal gratuities 
to officials of the Department of Agriculture, including former 
Secretary Espy, and related charges. The Independent Counsel, who is 
bringing this prosecution, seeks evidence from an employee of the 
Senate on the professional staff of the Appropriations Committee about 
communications with meat and poultry processing industry 
representatives and Executive Branch officials about a labeling rule 
promulgated by the Agriculture Department in 1993. The defense may also 
call Senator Bumpers to testify.
  This resolution would authorize testimony and document production by 
Senator Bumpers and employees of the Senate, except where a privilege 
should be asserted, with representation by the Senate Legal Counsel.
  Mr. THOMAS. 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 a statement of explanation 
appear at this point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 247) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, is as follows:

                              S. Res. 247

       Whereas, in the case of United States v. Jack L. Williams, 
     et al., Criminal Case No. 96-0314, pending in the United 
     States District Court for the District of Columbia, a trial 
     subpoena has been served upon Galen Fountain, an employee of 
     the Senate on the staff of the Committee on Appropriations, 
     and testimony may be requested from Senator Dale Bumpers;
       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 and 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, by Rule VI of the Standing Rules of the Senate, no 
     Senator shall absent himself from the service of the Senate 
     without leave;
       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 Senator Dale Bumpers, Galen Fountain, and 
     any other employee from whom testimony or document production 
     may be required, are authorized to testify and to produce 
     documents in the case of United States v. Jacke L. Williams, 
     et al., except when Senator Bumpers' attendance at the Senate 
     is necessary for the performance of his legislative duties, 
     and except concerning matters for which a privilege should be 
     asserted
       Sec. 2. That the Senate Legal Counsel is authorized to 
     represent Senator Bumpers, Galen Fountain, and any other 
     employee of the Senate, in connection with testimony and 
     document production in United States v. Jack L. Williams, et 
     al.

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