[Congressional Record Volume 150, Number 101 (Tuesday, July 20, 2004)]
[Senate]
[Page S8491]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 410 which was 
submitted earlier today.
  The ACTING PRESIDENT pro tempore. The clerk will report the 
resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 410) to authorize Senate employees to 
     testify and produce documents with legal representation.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, the Department of Justice is conducting an 
investigation into whether false statements were made to a committee of 
the Senate in the course of responding to oversight inquiries by that 
committee. As part of that investigation, the Justice Department is 
seeking testimony about potentially relevant information from the 
Senate.
  Accordingly, in keeping with the Senate's usual practice, this 
resolution would authorize present and former employees of the Senate 
to provide testimony sought by the Justice Department, except for 
material as to which a privilege should be asserted, in order to assist 
the Department in this matter.
  Also in keeping with the Senate's usual practice, this resolution 
authorizes documentary production and representation by the Senate 
legal counsel in connection with this testimony, where appropriate.
  Mr. FRIST. 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 this matter be 
printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The resolution (S. Res. 410) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 410

       Whereas, the Department of Justice is requesting testimony 
     in connection with a pending investigation into potential 
     false statements to a committee 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(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 present and former employees of the Senate 
     are authorized to testify and to produce documents, except as 
     to matters for which a privilege should be asserted, in 
     connection with the pending investigation into potential 
     false statements to a committee of the Senate, and any 
     related proceedings.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     present and former employees of the Senate in connection with 
     the testimony authorized in section one of this resolution.

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