[Congressional Record Volume 143, Number 20 (Monday, February 24, 1997)]
[Senate]
[Page S1485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  REGULATIONS REGARDING DISCLOSURE OF CERTAIN PRO BONO LEGAL SERVICES

 Mr. SMITH of New Hampshire. Mr. President, consistent with the 
provisions of Senate Resolution 321, adopted October 3, 1996, I ask 
that the ``Regulations Regarding Disclosure of Certain Pro Bono Legal 
Services,'' adopted by the Senate Select Committee on Ethics on 
February 13, 1997, be printed in the Congressional Record of the 105th 
Congress.
  The regulations follow:

             Senate Select Committee on Ethics Regulations

       On October 3, 1996, the Senate agreed to S. Res. 321, which 
     provides:
       Resolved, That (a) notwithstanding the provisions of the 
     Standing Rules of the Senate or Senate Resolution 508, 
     adopted by the Senate on September 4, 1980, pro bono legal 
     services provided to a Member of the Senate with respect to a 
     civil action challenging the validity of a Federal statute 
     that expressly authorizes a Member to file an action: (1) 
     Shall not be deemed a gift to the Member; (2) shall not be 
     deemed to be a contribution to the office account of the 
     Member; and (3) shall not require the establishment of a 
     legal expense trust fund.
       (b) The Select Committee on Ethics shall establish 
     regulations providing for the public disclosure of 
     information relating to pro bono legal services performed as 
     authorized by this resolution.
       The following regulations, adopted on and effective as of 
     February 13, 1997, are promulgated by the Select Committee on 
     Ethics pursuant to S. Res. 321, and are applicable to Members 
     to the United States Senate during the time of their service 
     in or to the Senate.


  regulations regarding disclosure of certain pro bono legal services

       A Member who accepts pro bono legal services with respect 
     to a civil action challenging the validity of a Federal 
     statute as authorized by S. Res. 321 shall submit a report to 
     the Office of Public Records of the Secretary of the Senate 
     and the Senate Select Committee on Ethics within 30 days of 
     the date on which an attorney or law firm begins performance 
     of the pro bono services for the Member (or, for such 
     services provided to a Member prior to the publication of 
     these regulations, within 30 days of the publication of these 
     regulations in the Congressional Record).
       All reports filed pursuant to these Regulations shall 
     include the following information: (1) A description of the 
     nature of the civil action, including the Federal statute to 
     be challenged; (2) the caption of the case and the cause 
     number, as well as the court in which the action is pending, 
     if the civil action has been filed in court; and (3) the name 
     and address of each attorney who performed pro bono services 
     for the Member with respect to the civil action, as well as 
     the name and the address of the firm, if any, with which the 
     attorney is affiliated.
       All documents filed pursuant to these regulations shall be 
     available at the Office of Public Records of the Secretary of 
     the Senate for public inspection and copying within two 
     business days following receipt of the documents by that 
     office.
       Any person requesting a copy of such documents shall be 
     required to pay a reasonable fee to cover the cost of 
     reproduction.


                    reminder regarding amicus curiae

       The disclosure requirements for accepting certain pro bono 
     legal services pursuant to S. Res. 321 do not affect the 
     ability of a Member to accept pro bono legal services to 
     appear in a legal proceeding by amicus curiae brief without 
     necessity of a Legal Expense Trust Fund and without 
     disclosure or reporting. See, Committee Interpretative Ruling 
     442 (4/15/92), and Committee Regulations Governing Trust 
     Funds (9/30/80, amended 8/10/88).

                          ____________________