[Congressional Record (Bound Edition), Volume 160 (2014), Part 5]
[Senate]
[Page 6201]
[From the U.S. Government Publishing Office, www.gpo.gov]




    SENATE RESOLUTION 422--TO AUTHORIZE WRITTEN TESTIMONY, DOCUMENT 
  PRODUCTION, AND REPRESENTATION IN MONTANA FISH, WILDLIFE AND PARKS 
                   FOUNDATION, INC. V. UNITED STATES

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

                              S. Res. 422

       Whereas, in the case of Montana Fish, Wildlife and Parks 
     Foundation, Inc. v. United States, No. 09-568 C, pending in 
     the United States Court of Federal Claims, the plaintiff has 
     issued a subpoena for testimony and production of documents 
     from Holly Luck, a former employee of Senator Baucus;
       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 current and former 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, 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 Holly Luck is authorized to provide written 
     testimony and produce documents in the case of Montana Fish, 
     Wildlife and Parks Foundation, Inc. v. United States, except 
     concerning matters for which a privilege should be asserted.
       Sec. 2.  The Senate Legal Counsel is authorized to 
     represent Holly Luck in connection with the written testimony 
     and document production authorized by section 1 of this 
     resolution.

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