[Congressional Record Volume 143, Number 37 (Thursday, March 20, 1997)]
[Senate]
[Pages S2634-S2635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 ACCEPTANCE OF PRO BONO LEGAL SERVICES

  Mr. BYRD. Mr. President, on October 3, 1996, the Senate adopted 
Senate Resolution 321, which I introduced, and which had the bipartisan 
support of both the Majority and Minority Leaders. The resolution 
authorizes a Senator to accept pro bono legal services when challenging 
the constitutionality of a Federal statute, and then only when the 
statute in question expressly authorizes the Senator to file such a 
suit.
  In addition, Senate Resolution 321 required the Select Committee on 
Ethics to establish regulations providing for the public disclosure of 
information relating to the acceptance of pro bono legal services 
performed as authorized by the resolution. Those regulations were 
adopted by the Committee on February 13, 1997, and were subsequently 
printed on page S1485 of the Congressional Record dated February 24, 
1997.
  Specifically, those regulations state, in relevant part:

       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. . . .

  The regulations go on to state:

       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.

  On January 2, 1997, I, along with former Senator Hatfield, Senator 
Levin, Senator Moynihan, and Representatives Waxman and Skaggs, filed a 
civil action in U.S. District Court for the District of Columbia 
challenging the constitutionality of Public Law 104-130, the Line Item 
Veto Act. That suit, titled Byrd v. Raines, was filed pursuant to 
section 3 of the Act, which authorizes precisely this type of suit.
  In our quest to utilize the best legal talent available, we have, in 
accordance with Senate Resolution 321, chosen to accept the pro bono 
services of several distinguished attorneys. To date, they have 
provided each of us with invaluable service through consultation, 
research, analysis, and legal representation.
  At this time, I would like to advise the Senate that, as required by 
the aforementioned regulations issued by the Select Committee on 
Ethics, Senators Levin, Moynihan, and I have filed the necessary 
reports fully disclosing the representation which we have received. 
However, in an effort to comply with not only the letter of those 
regulations, but also with their spirit, I am today placing in the 
Congressional Record copies of those reports so that all Senators will 
be thoroughly apprised of the details of this matter.
  Mr. President, I ask unanimous consent that the two reports to which 
I have referred be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


[[Page S2635]]


                                                      U.S. Senate,


                                  Committee on Appropriations,

                                   Washington, DC, March 12, 1997.
     Hon. Mitch McConnell, Chairman,
     Hon. Byron L. Dorgan,
     Vice-Chairman, Select Committee on Ethics, U.S. Senate, 
         Washington, DC.
       Gentlemen: In accordance with the regulations promulgated 
     by the Select Committee on Ethics pursuant to Senate 
     Resolution 321 of October 3, 1996, we are submitting this 
     report with respect to our acceptance of certain pro bono 
     legal services. Those services have been, and will continue 
     to be, accepted by us in connection with the filing of a 
     civil action challenging the validity of a federal statue. 
     Please find below the details of this action as required by 
     the regulations, which were published in the Congressional 
     Record dated February 24, 1997.
       1. This is a civil action in which we, as plaintiffs, have 
     challenged the constitutionality of Public Law 104-130, the 
     Line Item Veto Act.
       2. The case, captioned Senator Robert C. Byrd, et al v. 
     Franklin D. Raines, et al, civil action number 97-0001, was 
     filed on January 2, 1997, and is currently pending in the 
     United States District Court for the District of Columbia 
     before the Honorable Thomas Penfield Jackson.
       3. Pro bono legal services have been provided to us by:
       Mr. Lloyd N. Cutler, Mr. Louis R. Cohen, Mr. Lawrence A. 
     Kasten, Wilmer, Cutler & Pickering, 2445 M Street, N.W., 
     Washington, DC; Mr. Charles J. Cooper, Mr. Michael A. Carvin, 
     Mr. David Thompson, Cooper and Carvin, 2000 K Street, N.W., 
     Suite 401, Washington, DC; Mr. Alan B. Morrison, Ms. Colette 
     G. Matzzie, Public Citizen Litigation Group, 1600 20th 
     Street, N.W., Washington, DC; Mr. Michael Davidson, 3753 
     McKinley Street, N.W., Washington, DC.
       As always, it is our intent to fully comply with both the 
     letter and the spirit of the regulations issued by the Select 
     Committee on Ethics. We trust that this report serves to 
     fulfill that intention. Should you or your staff wish further 
     information pertaining to the matter, please have your staff 
     contact Peter Kiefhaber (Senator Byrd) at 4-7215, Linda 
     Gustitus (Senator Levin) at 4-5538, or Mark Patterson 
     (Senator Moynihan) at 4-7800.
           Sincerely,
     Robert C. Byrd,
     Carl Levin,
     Daniel Patrick Moynihan.
                                                                    ____

                                                      U.S. Senate,


                                  Committee on Appropriations,

                                   Washington, DC, March 12, 1997.
     Hon. Gary Sisco,
     Secretary of the Senate, U.S. Senate, Washington, DC.
       Dear Mr. Sisco: In accordance with the regulations 
     promulgated by the Select Committee on Ethics pursuant to 
     Senate Resolution 321 of October 3, 1996, we are submitting 
     this report with respect to our acceptance of certain pro 
     bono legal services. Those services have been, and will 
     continue to be, accepted by us in connection with the filing 
     of a civil action challenging the validity of a federal 
     statute. Please find below the details of this action as 
     required by the regulations, which were published in the 
     Congressional Record dated February 24, 1997.
       1. This is a civil action in which we, as plaintiffs, have 
     challenged the constitutionality of Public Law 104-130, the 
     Line Item Veto Act.
       2. The case, captioned Senator Robert C. Byrd, et al v. 
     Franklin D. Raines, et al, civil action number 97-0001, was 
     filed on January 2, 1997, and is currently pending in the 
     United States District Court for the District of Columbia.
       3. Pro bono legal services have been provided to us by:
       Mr. Lloyd N. Cutler, Mr. Louis R. Cohen, Mr. Lawrence A. 
     Kasten, Wilmer, Cutler & Pickering, 2445 M Street, N.W., 
     Washington, DC., Mr. Charles J. Cooper, Mr. Michael A. 
     Carvin, Mr. David Thompson, Cooper and Carvin, 2000 K Street, 
     N.W., Suite 401, Washington, DC; Mr. Alan B. Morrison, Ms. 
     Colette G. Matzzie, Public Citizen Litigation Group, 1600 
     20th Street, N.W., Washington, DC; Mr. Michael Davidson, 3753 
     McKinley Street, N.W., Washington, DC.
       Should you or your staff in the Office of Public Records 
     wish further information pertaining to the matter, please 
     have your staff contact Peter Kiefhaber (Senator Byrd) at 4-
     7215, Linda Gustitus (Senator Levin) at 4-5538, or Mark 
     Patterson (Senator Moynihan) at 4-7800.
           Sincerely,
     Robert C. Byrd,
     Carl Levin,
     Daniel Patrick Moynihan.

                          ____________________