[Congressional Record (Bound Edition), Volume 149 (2003), Part 20]
[Senate]
[Page 27256]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    AUTHORIZING LEGAL REPRESENTATION

  Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 259 which was 
introduced earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 259) to authorize legal 
     representation in Bell Aviation, Inc., et al. v. Sino 
     Swearingen Aircraft Co., L.P., et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns representation by 
the Senate legal counsel of Senator Rockefeller and an employee in his 
office, who have been subpoenaed to provide testimony and office 
records at depositions in a civil business dispute in Dallas County, 
TX.
  The subpoenas are seeking information about communications between 
the defendant business jet aircraft company, which has a manufacturing 
plant in Martinsburg, WV and the Senator's office, as well as Senator 
Rockefeller's activities in connection with his service as Chairman, 
and now ranking minority Member, of the Subcommittee on Aviation of the 
Senate Committee on Commerce, Science, and Transportation.
  This resolution would authorize the Senate legal counsel to represent 
Senator Rockefeller and his staff in connection with these subpoenas in 
order to protect the privileges of the Senate.
  Mr. BENNETT. I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, the motion to reconsider be laid upon 
the table en bloc, and any statements thereon be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 259) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 259

       Whereas, in the case of Bell Aviation, Inc., et al. v. Sino 
     Swearingen Aircraft Co., L.P., et al., Cause No. 03-02532, 
     pending in the District Court of Dallas County, Texas, the 
     plaintiffs have obtained from the Superior Court of the 
     District of Columbia subpoenas for deposition testimony and 
     document production by Senator John D. Rockefeller IV and 
     Terri Giles, a staff member in the office of Senator 
     Rockefeller;
       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 Members and 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; 
     and
       Whereas, by Rule VI of the Standing Rules of the Senate, no 
     Senator shall absent himself from the service of the Senate 
     without leave: Now, therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Senator Rockefeller and Terri Giles in connection 
     with the subpoenas issued in this action.

                          ____________________