[Congressional Record (Bound Edition), Volume 162 (2016), Part 2]
[Senate]
[Page 2367]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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 SENATE RESOLUTION 377--DIRECTING THE SENATE LEGAL COUNSEL TO BRING A 
  CIVIL ACTION TO ENFORCE A SUBPOENA OF THE PERMANENT SUBCOMMITTEE ON 
                             INVESTIGATIONS

  Mr. JOHNSON submitted the following resolution; from the Committee on 
Homeland Security and Governmental Affairs; which was placed on the 
calendar:

                               S. Res 377

       Whereas the Senate Permanent Subcommittee on Investigations 
     (in this preamble referred to as the ``Subcommittee'') is 
     currently conducting a duly authorized investigation of human 
     trafficking on the Internet pursuant to section 12(e)(3) of 
     Senate Resolution 73, 114th Congress, agreed to February 12, 
     2015, which authorizes the Subcommittee to issue subpoenas 
     for the production of documents;
       Whereas on October 1, 2015, the Subcommittee issued a duly 
     authorized subpoena to Carl Ferrer, Chief Executive Officer 
     of Backpage.com, LLC, directing him to produce certain 
     documents to the Subcommittee by 10:00 a.m. on October 23, 
     2015;
       Whereas on October 23, 2015, counsel for Mr. Ferrer and 
     Backpage.com, LLC submitted to the Subcommittee legal 
     objections to the compelled production of documents under the 
     subpoena issued by the Subcommittee and declined to comply 
     with the subpoena;
       Whereas, having considered the legal objections that had 
     been submitted by counsel for Mr. Ferrer and Backpage.com, 
     LLC, on November 3, 2015, the Subcommittee overruled those 
     objections in their entirety and ordered and directed that 
     Mr. Ferrer comply with the subpoena issued by the 
     Subcommittee by 10:00 a.m. on November 12, 2015;
       Whereas Mr. Ferrer has refused to comply with the subpoena 
     issued by the Subcommittee as ordered and directed by the 
     Subcommittee; and
       Whereas under sections 703(b) and 705 of the Ethics in 
     Government Act of 1978 (2 U.S.C. 288b(b) and 288d), the 
     Senate Legal Counsel shall bring a civil action under section 
     1365 of title 28, United States Code, to enforce a subpoena 
     of a Senate subcommittee when directed to do so by the 
     adoption of a resolution by the Senate: Now, therefore, be it
       Resolved, That the Senate Legal Counsel shall bring a civil 
     action in the name of the Senate Permanent Subcommittee on 
     Investigations to enforce the subpoena issued by the 
     Subcommittee to Carl Ferrer, Chief Executive Officer of 
     Backpage.com, LLC, and that the Senate Legal Counsel shall 
     conduct all related civil contempt proceedings.

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