III 111th CONGRESS 2d Session S. RES. 661 IN THE SENATE OF THE UNITED STATES September 28, 2010 Mr. Reid (for himself and Mr. McConnell) submitted the following resolution; which was considered and agreed to RESOLUTION To authorize representation by the Senate Legal Counsel in the case of McCarthy v. Byrd, et al.

Whereas, in the case of McCarthy v. Byrd, et al., Case No. 1:10–CV–03317, pending in the United States District Court for the District of New Jersey, plaintiff has named as a defendant the President Pro Tempore of the Senate; and 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)(1), the Senate may direct its counsel to defend Members and officers of the Senate in civil actions relating to their official responsibilities: Now, therefore, be it

That the Senate Legal Counsel is authorized to represent Senator Inouye, the President Pro Tempore of the Senate, in the case of McCarthy v. Byrd, et al.