[Congressional Record Volume 152, Number 121 (Monday, September 25, 2006)]
[Senate]
[Page S10100]
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 consideration of S. Res. 584, 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. 584) to authorize the production of 
     records, testimony, and legal representation.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, the Committee on Health, Education, Labor, 
and Pensions has received a request from the U.S. Attorney's Office for 
the District of Columbia for records of the committee and testimony by 
committee staff relevant to an investigation it is conducting into a 
Presidential nominee's financial disclosure to the committee during 
confirmation proceedings. The chair and ranking member of the committee 
would like to cooperate with this request.
  Accordingly, in keeping with Senate rules and practice, this 
resolution would authorize the committee to produce documents for use 
in this investigation. The resolution would also authorize testimony by 
committee staff, with representation by the Senate Legal Counsel.
  Mr. President, I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, and the motion to reconsider be laid 
upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 584) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              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. 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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