[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.
____________________