A resolution to authorize testimony and document production in Richard Bowen v. Department of the Navy (MSPB).

Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of S. Res. 103.

Mr. President, this resolution concerns a request for testimony in a whistle-blower protection case against the Department of the Navy in which a civilian Navy employee is appealing an adverse employment action before the Merit Systems Protection Board. The employee is alleging that the Navy retaliated against him for protected whistle-blowing activities about alleged waste in Navy programs.

Among the whistle-blowing activities that the employee relies on is a brief meeting that representatives of a Navy contracting firm had with staff of the Virginia Senate delegation in February 2008 about their firm's work on an energy management contract that the employee managed for the Navy.

The Navy has requested that the Senate make available through written declaration staff who can testify about whether the employee's allegations were raised at the meeting in order to establish whether that meeting constituted protected whistle-blowing activities.

Senator Webb would like to cooperate with this request. Accordingly, this resolution would authorize Jamie Lynch, a former fellow with Senator Webb's office, to testify. The resolution would also authorize production of relevant documents, except where a privilege should be asserted.

Mr. President, I ask unanimous consent that the resolution and preamble be agreed to en bloc, the motions to reconsider be laid upon the table, with no intervening action.