[Congressional Record (Bound Edition), Volume 147 (2001), Part 5]
[Senate]
[Pages 6977-6978]
[From the U.S. Government Publishing Office, www.gpo.gov]



                  STATEMENTS ON SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 82--TO AUTHORIZE THE PRODUCTION OF RECORDS BY THE 
     PERMANENT SUBCOMMITTEE ON INVESTIGATIONS OF THE COMMITTEE ON 
  GOVERNMENTAL AFFAIRS AND REPRESENTATION BY THE SENATE LEGAL COUNSEL

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

                               S. Res. 82

       Whereas, during the 105th Congress, the Permanent 
     Subcommittee on Investigations of the Committee on 
     Governmental Affairs conducted an oversight review of the 
     Treasury Departments Office of Inspector General;
       Whereas, the Subcommittee has received requests from the 
     parties to two appeals, Richard B. Calahan v. Department of 
     Treasury, No. DC--0752-01-0245-I-1, and Lori Y. Vassar v. 
     Department of Treasury, No. DC-0752-01-0275-I-1, before the 
     Merit Systems protection board, for access to records, 
     including transcripts of depostions, from its oversight 
     review;
       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 committees, subcommittees, Members, officer, and 
     employees of the Senate with respect to any subpoena, order, 
     or request for testimony or documentary production 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;
       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 Chairman and 
     Ranking Minority member of the Permanent Subcommittee on 
     Investigations of the Committee on Governmental Affairs, 
     acting jointly, are authorized to provide copies of records 
     from its Treasury Department Office of Inspector General 
     oversight review to the parties in Richard B. Calahan v. 
     Department of Treasury and Lori Y. Vassar v. Department of 
     Treasury, except concerning matters for which a privilege 
     should be asserted.
       Sec. 2. The Senate legal Counsel is authorized to represent 
     the Permanent Subcommittee on Investigations, and any other 
     committee, subcommittee, Member, officer, or employees of the 
     Senate in connection with testimony or documentary production 
     in these matters.

  Mr. LOTT. Mr. President, the Permanent Subcommittee on Investigations 
of the Committee on Governmental Affairs has received requests from the 
parties in two appeals before the Merit Systems Protection Board for 
permission to use in those proceedings documents obtained from the 
Permanent Subcommittee on Investigations. These cases grow in part out 
of the FBI files matter that several congressional committees, 
including the Senate Investigations Subcommittee, inquired into several 
years ago. The appeals are from adverse personnel actions taken by the 
Treasury Inspector General after an investigation by the President's 
Council on Integrity and Efficiency that followed a Subcommittee 
referral.
  The documents that are the subject of this authorizing resolution 
were used in the PCIE investigation that underlay these personnel 
actions. The resolution would authorize the Subcommittee, through the 
Chairman and Ranking Member, acting jointly, to permit use of 
Subcommittee records in these proceedings. In order to protect the 
privileges of the Subcommittee, and the other Senate entities that 
addressed these matters, the resolution would also authorize 
representation by the Senate Legal Counsel in connection with any 
discovery sought in these cases.

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