[Congressional Record Volume 145, Number 74 (Thursday, May 20, 1999)]
[Senate]
[Page S5765]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 104--TO AUTHORIZE TESTIMONY, PRODUCTION OF DOCUMENTS, 
                        AND LEGAL REPRESENTATION

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

                              S. Res. 104

       Whereas, in the case of United States v. Nippon Miniature 
     Bearing, Inc., et al., Court No. 96-12-02853, pending in the 
     United States Court of International Trade, a subpoena for 
     testimony and documents has been issued to Tim Osborn, a 
     former employee of the Senate Committee on Small Business, 
     concerning the performance of his duties on behalf of the 
     Committee;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 228b(a) 
     and 228c(a)(2), the Senate may direct its counsel to 
     represent Members or employees 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 Tim Osborn, and any other former Senate 
     Member or employee from whom testimony may be required, are 
     authorized to testify and produce documents in the case of 
     United States v. Nippon Miniature Bearing, Inc., et al., 
     except matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Tim Osborn, and any other former Member or employee of the 
     Senate from whom testimony may be required, in connection 
     with the case of United States v. Nippon Miniature Bearing, 
     Inc., et al.

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