[Congressional Record (Bound Edition), Volume 145 (1999), Part 9]
[Senate]
[Page 12628]
[From the U.S. Government Publishing Office, www.gpo.gov]



          AUTHORIZATION OF TESTIMONY AND LEGAL REPRESENTATION

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 121, submitted 
earlier by Senators Lott and Daschle.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 121) to authorize testimony and legal 
     representation in C. William Kaiser v. Department of Veterans 
     Affairs.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, this resolution concerns a request for 
testimony in an administrative proceeding before the Merit Systems 
Protection Board. The appellant alleges that he was terminated from his 
employment with the Department of Veterans Affairs unlawfully in 
retaliation for communications that entitle him to protected status as 
a whistle blower.
  This resolution would permit Richard Lougee, a caseworker on Senator 
Judd Gregg's staff, to testify, with representation by the Senate Legal 
Counsel, by providing an affidavit, and if necessary appearing at a 
deposition, about his communications with the parties to this matter.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the 
resolution be agreed to; that the preamble be agreed to; and that the 
motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 121) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 121

       Whereas, in the case of C. William Kaiser v. Department of 
     Veterans Affairs, Docket No. BN-0351-99-0110-I-1, pending 
     before the Merit Systems Protection Board, testimony has been 
     requested from Richard Lougee, an employee of Senator Judd 
     Gregg;
       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 
     may, by the judicial 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 consistently with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, That Richard Lougee is authorized to testify in 
     the case of C. William Kaiser v. Department of Veterans 
     Affairs, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Richard Lougee in connection with the testimony authorized in 
     second one of this resolution.

                          ____________________