[Congressional Record Volume 145, Number 74 (Thursday, May 20, 1999)]
[Senate]
[Page S5780]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 AUTHORIZATION OF LEGAL REPRESENTATION

  Mr. HATCH. I ask unanimous consent that the Senate proceed to the 
immediate consideration of S. Res. 104 submitted earlier by Senators 
Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A resolution (S. Res. 104) to authorize testimony, 
     production of documents, and legal representation in United 
     States v. Nippon Miniature Bearing, Inc., et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, this resolution concerns a subpoena for 
testimony and document production in an action brought by the United 
States Customs Service in the Court of International Trade against 
Nippon Miniature Bearing, Inc., and its parent and subsidiary, alleging 
false representations to Customs about the composition of imported 
bearings. The defendants have subpoenaed Tim Osborn, a former employee 
of the Senate Committee on Small Business, seeking to depose him 
regarding his communications with the Customs Service and others about 
this investigation. Mr. Osborn's activities were on behalf of the Small 
Business Committee, in preparing for and conducting a September 1988 
oversight hearing of the Customs Service concerning its enforcement of 
laws affecting the bearing industry. The information that the 
defendants seek therefore is privileged from compelled discovery from 
the Congress under the Constitution's Speech or Debate Clause.
  This resolution would authorize the Senate Legal Counsel to provide 
representation in order to move to quash the subpoena and otherwise 
protect the Senate's privileges in this matter. The resolution would 
authorize Mr. Osborn and any other former Member or employee of the 
Senate to testify and produce documents in this case only to the extent 
consistent with these privileges.
  Mr. HATCH. I ask unanimous consent the resolution be agreed to, the 
preamble be agreed to, and the motion to reconsider be laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 104) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              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 is 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. 288b(a) 
     and 288c(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 concerning 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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