[Congressional Record Volume 145, Number 151 (Monday, November 1, 1999)]
[Senate]
[Pages S13616-S13617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  AUTHORIZING OF SENATE REPRESENTATION

  Mr. FITZGERALD. Mr. President, I ask consent the Senate now proceed 
to the immediate consideration of S. Res. 213, submitted earlier by 
Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 213) to authorize testimony, document 
     production, and representation of employees in the Senate in 
     Bonnie Mendelson v. Delaware River and Bay Authority.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, this resolution concerns a request for 
testimony in a civil action pending in the U.S. District Court for the 
District of Delaware. The plaintiff in this case is a former sign-
language interpreter for the Congressional Special Services Office. The 
case concerns injuries sustained by the plaintiff while a private 
passenger aboard a ferryboat.
  This resolution would permit former coworkers of the plaintiff's on 
the Congressional Special Services staff to testify about the effect of 
the plaintiff's injuries on her ability to perform her work at the 
Senate.
  Mr. FITZGERALD. Mr. President, I ask unanimous consent 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.

[[Page S13617]]

  The resolution (S. Res. 213) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 213

       Whereas, in the case of Bonnie Mendelson v. Delaware River 
     and Bay Authority, Civil Action No. 98-90-GSL, pending in the 
     U.S. District Court for the District of Delaware, testimony 
     has been requested from David P. Hauck and Julie B. Cardillo, 
     employees of the Congressional Special Services Office, and 
     Bonnie Powell, a former employee of the Congressional Special 
     Services Office;
       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 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 administrative or judicial process, be taken from 
     such control of 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 David P. Hauck, Julie B. Cardillo, Bonnie 
     Powell, and any other current or former employee of the 
     Senate from whom testimony or document production may be 
     required, are authorized to testify and produce documents in 
     the case of Bonnie Mendelson v. Delaware River and Bay 
     Authority, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     David P. Hauck, Julie B. Cardillo, Bonnie Powell, and any 
     other current or former employee of the Senate in connection 
     with the testimony and document production authorized in 
     section one.

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