[Congressional Record Volume 152, Number 121 (Monday, September 25, 2006)]
[Senate]
[Page S10075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SENATE RESOLUTION 584--TO AUTHORIZE THE PRODUCTION OF RECORDS, 
                  TESTIMONY, AND LEGAL REPRESENTATION

  Mr. FRIST (for himself and Mr. Reid) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 584

       Whereas, the United States Attorney's Office for the 
     District of Columbia is conducting an investigation of the 
     financial disclosures made by Dr. Lester Crawford to the 
     Committee on Health, Education, Labor, and Pensions in 
     connection with confirmation proceedings on Dr. Crawford's 
     nomination to be Commissioner of the Food and Drug 
     Administration;
       Whereas, the Committee on Health, Education, Labor, and 
     Pensions has received a request from the United States 
     Attorney's Office for testimony of three employees of the 
     Committee and for records of the Committee relevant to the 
     investigation;
       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 
     can, by administrative or judicial 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 is needed for the promotion 
     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 the Committee on Health, Education, Labor, 
     and Pensions is authorized to produce documents and committee 
     staff are authorized to testify in these and related 
     proceedings, except where a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     employees of the Committee on Health, Education, Labor, and 
     Pensions in connection with the document production and 
     testimony authorized in section one of this resolution.

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