[Congressional Record Volume 156, Number 112 (Wednesday, July 28, 2010)]
[Senate]
[Page S6457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             SELECT COMMITTEE ON INTELLIGENCE AUTHORIZATION

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of S. Res. 600, submitted 
earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 600) to authorize document production 
     and testimony by, and representation of, the Select Committee 
     on Intelligence.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, the Select Committee on Intelligence has 
received a request from the Department of Justice for records, created 
by the committee in the course of its oversight work, pertinent to a 
pending investigation into the unauthorized disclosure of classified 
national security information by someone not connected with the 
committee.
  This resolution would authorize the chairman and vice chairman of the 
Select Committee on Intelligence, acting jointly, to provide records, 
created by the committee in the course of oversight, in response to 
this request from the Department of Justice.
  Because the Department of Justice may seek testimony at some point 
from staff of the committee, the resolution would also authorize former 
and current employees of the committee to testify in proceedings 
arising out of this matter, except where a privilege should be 
asserted, and to he represented by the Senate legal counsel.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, the motions to 
reconsider be laid upon the table, with no intervening action or 
debate, and any statements related to the resolution be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 600) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:
       Whereas, the United States Department of Justice has 
     requested that the Senate Select Committee on Intelligence 
     provide it with documents in connection with a pending 
     investigation into the unauthorized disclosure of classified 
     national security information;
       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 former or current 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;
       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 the Chairman and Vice Chairman of the Senate 
     Select Committee on Intelligence, acting jointly, are 
     authorized to provide to the United States Department of 
     Justice, under appropriate security procedures, copies of 
     Committee documents sought in connection with a pending 
     investigation into the unauthorized disclosure of classified 
     national security information, and former and current 
     employees of the Committee are authorized to testify in 
     proceedings arising out of that investigation, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     the Select Committee on Intelligence, and any former or 
     current employee of the Committee from whom testimony may be 
     required, in connection with the testimony and document 
     production authorized in section one of this resolution.

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