S.Res. 262Senate119th Congress (2025-2027)Passed Congress

A resolution to authorize testimony, document production, and representation by the Senate Legal Counsel in the case of In re Architect of the Capitol Employment Dispute.

AI-Generated Summary

Updated November 24, 2025 at 12:16 AM UTC

The Senate adopted a resolution that lets its legal counsel act for a Senate staff member in a court case about an employment dispute involving the Architect of the Capitol. It allows the staff member to testify and produce documents, while still protecting any privileged Senate information.

Key Provisions

Nichole Kotschwar, a Senate staff director, is permitted to give testimony and provide documents in the federal court case In re Architect of the Capitol Employment Dispute, unless a privilege or objection applies.
The Senate Legal Counsel is authorized to represent Ms. Kotschwar in that case.

Legislative Activity

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1 earlier action

SenateFloor Latest Action

Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent. (consideration: CR S3237; text: CR S3236)

June 4, 2025

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SenateIntro Referral

Introduced in Senate

June 4, 2025

SenateFloor

Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent. (consideration: CR S3237; text: CR S3236)

June 4, 2025

Floor Debate

1 member

What members said about S.Res. 262 on the floor

1 Republican

Sen. John ThuneR-SD · Jun 4, 2025

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 262, which is at the desk. Mr. President, this resolution concerns a subpoena for deposition testimony…

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of S. Res. 262, which is at the desk.

Mr. President, this resolution concerns a subpoena for deposition testimony and documents in a civil action pending in Federal district court in the District of Columbia. Plaintiffs in this case, former employees of the Architect of the Capitol, have sued the Architect of the Capitol alleging discrimination based on gender, age, and military status or service.

Plaintiffs have sent a subpoena to Nichole Kotschwar, deputy staff director of the Senate Committee on Rules and Administration, seeking deposition testimony and document production regarding matters in connection with the underlying employment dispute. The subpoena implicates the Committee's constitutional privilege and presents concerns regarding imposing an undue burden on a nonparty Senate committee employee. On advice of counsel, the Rules Committee seeks Senate authorization for Ms. Kotschwar, on behalf of the committee, to provide testimony and produce documents and communications with individuals outside of Congress relating to the requests of the subpoena.

This resolution would authorize the testimony and production of documents from Ms. Kotschwar except where a privilege or objection should be asserted. The resolution also authorizes the Senate legal counsel to represent Ms. Kotschwar in this matter.

I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand adjourned until 10 a.m. on Thursday, June 5; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, morning business be closed, and the Senate proceed to executive session to resume consideration of Executive Calendar No. 144, James O'Neill, under the previous order; further, that notwithstanding rule XXII, the cloture motions filed during Tuesday's session of the Senate ripen following disposition of the O'Neill nomination and if cloture is invoked on the Eisenberg nomination, the postcloture time expire at 1:45 p.m. tomorrow; finally, that if cloture is invoked on the Shumate nomination, all postcloture time be expired and the Senate vote on confirmation of the Shumate nomination at a time to be determined by the majority leader in consultation with the Democratic leader, on Monday, June 9.

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Agreed to SenateIssued June 4, 2025

III

119th CONGRESS

1st Session

S. RES. 262

IN THE SENATE OF THE UNITED STATES

June 4, 2025

Mr. Thune (for himself and Mr. Schumer) submitted the following resolution; which was considered and agreed to

RESOLUTION

To authorize testimony, document production, and representation by the Senate Legal Counsel in the case of In re Architect of the Capitol Employment Dispute.

Whereas, in the case of In re Architect of the Capitol Employment Dispute, No. 1:24-mc-00032, pending in the United States District Court for the District of Columbia, the plaintiffs have issued a subpoena for testimony and production of documents from Nichole Kotschwar, Deputy Staff Director of the Senate Committee on Rules and Administration;

Whereas, pursuant to sections 703(a) and 704(a)(1) of the Ethics in Government Act of 1978, 2 U.S.C. §§ 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 evidence 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

That Nichole Kotschwar is authorized to provide testimony and documents in the case of In re Architect of the Capitol Employment Dispute, except concerning matters for which a privilege or objection should be asserted.

The Senate Legal Counsel is authorized to represent Ms. Kotschwar in this matter.