[Congressional Record Volume 151, Number 64 (Monday, May 16, 2005)]
[Senate]
[Page S5247]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. FRIST. I ask unanimous consent the Senate now proceed to the 
consideration of S. Res. 143, which was submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 143) to authorize Senate Legal 
     Counsel to appear in legal proceedings in the name of the 
     Permanent Subcommittee on Investigations in connection with 
     its investigation into the United Nations' ``Oil-For-Food'' 
     Programme.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a request for 
representation in a civil action pending in Federal District Court in 
the District of Columbia. In this case, the United Nations is seeking 
to prevent an individual from complying with subpoenas for testimony 
and documents issued by the Permanent Subcommittee on Investigations 
and other congressional committees in connection with their inquiries 
into allegations of fraud and corruption in the United Nations Oil for 
Food Program. The individual at issue, Mr. Robert Parton, is an 
investigator formerly associated with the Independent Inquiry 
Committee, an entity formed by the United Nations to conduct its own 
investigation into the program. The United Nations contends that its 
privileges and immunities, and its contracts with Mr. Parton, bar him 
from complying with the subcommittee's subpoenas.
  Mr. President, subcommittee staff has been discussing for some time 
with United Nations and IIC counsel their concerns regarding United 
Nations privileges and how any such privileges might be accommodated 
consistent with the investigative needs of the subcommittee. The 
subcommittee does not desire adversely to affect the IIC's ongoing 
investigation of the Oil-for-Food Program. However, the subcommittee 
believes that it is possible for Mr. Parton to provide information 
needed by the subcommittee in the fulfillment of its responsibilities 
without doing so.
  In the event, however, that the subcommittee's negotiations with the 
United Nations and the IIC do not resolve this matter, the enclosed 
resolution authorizes the Senate legal counsel, when directed by the 
Permanent Subcommittee on Investigations, or by the chairman and 
ranking minority member, acting jointly, to appear in the name of the 
subcommittee as amicus curiae, intervenor, applicant or respondent in 
United Nations v. Robert Parton or any related action or proceeding.
  Mr. FRIST. I ask unanimous consent the resolution be agreed to the 
preamble be agreed to, and the motion to reconsider be laid on the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 143) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 143

       Whereas, the Permanent Subcommittee on Investigations is 
     conducting an inquiry into the United Nations' ``Oil-for-
     Food'' Programme;
       Whereas, the Subcommittee has need to obtain access to 
     evidence from an individual formerly associated with the 
     Independent Inquiry Committee, a committee formed by the 
     United Nations to investigate claims relating to the 
     Programme;
       Whereas, in the course of the Subcommittee's efforts to 
     obtain access to such evidence, legal issues may arise 
     requiring the Subcommittee to appear in the courts of the 
     United States;
       Whereas, pursuant to section 703(c), 706(a), and 713(a) of 
     the Ethics in Government Act of 1978, 2 U.S.C. 288b(c), 
     288e(a), and 288l(a), the Senate may direct its Counsel to 
     appear as amicus curiae or to intervene in the name of a 
     subcommittee of the Senate in any legal actions in which the 
     powers and responsibilities of Congress under the 
     Constitution are placed in issue: Now, therefore, be it
       Resolved, That the Senate Legal Counsel is authorized, when 
     directed by the Permanent Subcommittee on Investigations, or 
     by the Chairman and Ranking Minority Member, acting jointly, 
     to appear in the name of the Subcommittee as amicus curiae, 
     intervenor, applicant or respondent in United Nations v. 
     Robert Parton or any other related action or proceeding.

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