[Congressional Record Volume 145, Number 139 (Thursday, October 14, 1999)]
[Senate]
[Page S12653]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 AUTHORIZATION OF SENATE LEGAL COUNSEL

  Mr. SANTORUM. Mr. President, I ask unanimous consent the Senate now 
proceed to the immediate consideration of S. Res. 203 submitted earlier 
by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative assistant read as follows:

       A resolution (S. Res. 203) to authorize document 
     production, testimony, and representation of Senate employees 
     in the matter before the grand jury in the Western District 
     of Pennsylvania.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, this resolution would authorize the offices 
of Senator Rick Santorum and Senator Arlen Specter to respond to 
subpoenas for documents sought by a grand jury convened in the Western 
District of Pennsylvania. The subpoenas seek documents regarding a 
constituent inquiry made to both Senators' offices. Both Senators are 
cooperating with this investigation, and this resolution would 
authorize the custodian of records in each office to produce any 
relevant documents. This resolution would also authorize testimony by 
employees of the Senate, except where a privilege should be asserted, 
with representation by the Senate Legal Counsel in the event it becomes 
necessary.
  The U.S. Attorney's office has indicated that no Senate party is a 
subject of this investigation.
  Mr. SANTORUM. 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 any statements relating to the 
resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 203) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 203

       Whereas, in a proceeding before a grand jury in the United 
     States District Court of the Western District of 
     Pennsylvania, documents have been subpoenaed from the offices 
     of Senators Arlen Specter and Rick Santorum, and testimony 
     from Senate employees may be requested;
       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 
     can, by administrative or 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;
       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(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 or the production 
     of documents relating to their official responsibilities: 
     Now, therefore be it
       Resolved, That the records custodians in the offices of 
     Senator Rick Santorum and Senator Arlen Specter, and any 
     other employee of the Senate from whom testimony or document 
     production may be required, are authorized to testify and 
     produce documents in this grand jury proceeding or in any 
     related proceeding, except concerning matters for which a 
     privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Senators Specter and Santorum and any employee of the Senate 
     in connection with the document production and testimony 
     authorized in section one of this resolution.

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