[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Senate]
[Pages S4398-S4399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             AUTHORIZING TESTIMONY AND DOCUMENT PRODUCTION

  Mr. REID. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of S. Res. 103.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 103) to authorize testimony and 
     document production in Richard Bowen v. Department of the 
     Navy.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, this resolution concerns a request for 
testimony in a whistle-blower protection case against the Department of 
the Navy in which a civilian Navy employee is appealing an adverse 
employment action before the Merit Systems Protection Board. The 
employee is alleging that the Navy retaliated against him for protected 
whistle-blowing activities about alleged waste in Navy programs.
  Among the whistle-blowing activities that the employee relies on is a 
brief meeting that representatives of a Navy contracting firm had with 
staff of the Virginia Senate delegation in February 2008 about their 
firm's work on an energy management contract that the employee managed 
for the Navy.
  The Navy has requested that the Senate make available through written 
declaration staff who can testify about whether the employee's 
allegations were raised at the meeting in order to establish whether 
that meeting constituted protected whistle-blowing activities.
  Senator Webb would like to cooperate with this request. Accordingly, 
this resolution would authorize Jamie Lynch, a former fellow with 
Senator Webb's office, to testify. The resolution would also authorize 
production of relevant documents, except where a privilege should be 
asserted.
  Mr. President, I ask unanimous consent that the resolution and 
preamble be agreed to en bloc, the motions to reconsider be laid upon 
the table, with no intervening action.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 103) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 103

       Whereas, in the case of Richard Bowen v. Department of the 
     Navy, No. SF-0752-09-0040-I-1, pending before the Merit 
     Systems Protection Board, a request has been made for 
     documents from the office of Senator Jim Webb and a 
     declaration from Jamie Lynch, a former fellow in the office 
     of Senator Webb;
       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;
       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

[[Page S4399]]

       Resolved that Jamie Lynch is authorized to testify and to 
     produce documents in Richard Bowen v. Department of the Navy, 
     except concerning matters for which a privilege should be 
     asserted.

                          ____________________