[Congressional Record Volume 150, Number 5 (Monday, January 26, 2004)]
[Senate]
[Pages S262-S263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 AUTHORIZATION TO SENATE LEGAL COUNSEL

  Mr. KYL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 291, which was 
submitted earlier today.
  The PRESIDING OFFICER. The clerk will state the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 291) to authorize testimony and legal 
     representation in the case of James McKoy v. North Fork 
     Services/Joint Venture.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a request for 
testimony in an administrative proceeding before the U.S. Department of 
Labor. An employee of a private contractor at the Plum Island Animal 
Disease Center, a Department of Homeland Security facility in New York, 
was terminated from his employment.
  An investigation by the Occupational Safety and Health Administration 
sustained the employee's allegations that his termination was in 
retaliation for his voicing environmental safety concerns to the 
Homeland Security Department and to Senator Clinton's office and was 
therefore in violation of the employee protection provisions of the 
Clean Air Act and the Federal Water Pollution Control Act of 1972. That 
finding is now the subject of the employer's appeal to the Labor 
Department and is set for an evidentiary hearing.
  The regional director in Senator Clinton's Long Island Office is a 
direct fact witness to the events underlying this controversy and, 
hence, is a necessary witness in this proceeding. Accordingly, this 
resolution would authorize Senator Clinton's employee to testify at 
this hearing, with representation by the Senate Legal Counsel.
  Mr. KYL. 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 that any statements relating to the matter be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 291) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 291

       Whereas, in the case of James McKoy v. North Fork Services/
     Joint Venture, No. 2004-CAA-00002, pending before the United 
     States Department of Labor, testimony has been requested from 
     Resi Cooper, an employee in the Long Island office of Senator 
     Hillary Rodham Clinton;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of

[[Page S263]]

     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 judicial or administrative process, be taken from 
     such control or possession but by permission of the Senate; 
     and
       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 consistent with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, That Resi Cooper is authorized to testify in the 
     case of James McKoy v. North Fork Services/Joint Venture, 
     except concerning matters for which a privilege should be 
     asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Resi Cooper in connection with the testimony authorized in 
     section one of this resolution.

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