[Congressional Record Volume 144, Number 139 (Wednesday, October 7, 1998)]
[Senate]
[Pages S11810-S11811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. McCAIN. I ask unanimous consent the Senate proceed to the 
immediate consideration of S. Res. 291, submitted earlier by Senators 
Lott and Daschle.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 291) to authorize representation by 
     Senate Legal Counsel.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the resolution?
  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. LOTT. Mr. President, this resolution concerns a civil action 
commenced in the United States District Court for the District of 
Columbia on September 14, 1998, by the District of Columbia and a group 
of approximately fifty residents of the District. The action seeks a 
declaratory judgment that residents of the District of Columbia have a 
constitutional right to vote in elections

[[Page S11811]]

for Members of the Senate and the House of Representatives, and also 
asks the court to ensure that Congress fashion a remedy for this 
alleged deprivation of voting rights. The lead defendants are the 
Secretary of Commerce and the United States, who are being represented 
by the Department of Justice.
  The complaint also names as defendants the Secretary of the Senate, 
Gary Sisco, and the Sergeant at Arms and Doorkeeper of the Senate, Greg 
Casey, as well as the Clerk and the Sergeant at Arms of the House of 
Representatives, because of their roles in paying and certifying the 
election of Members and in controlling access to the two Chambers.
  This resolution authorizes the Senate Legal Counsel to represent the 
Secretary of the Senate and the Senate Sergeant at Arms in this matter 
to seek dismissal of the case against them. The Legal Counsel will 
argue that the Senate officers are not proper defendants in this 
matter.
  Mr. McCAIN. I ask unanimous consent that the resolution be agreed to, 
the preamble be agreed to, the motion to reconsider be laid upon the 
table, and any statements relating to the resolution appear in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 291) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 291

       Whereas, the Secretary of the Senate, Gary Sisco, and the 
     Sergeant at Arms and Doorkeeper of the Senate, Gregory S. 
     Casey, have been named as defendants in the case of Clifford 
     Alexander, et al. v. William M. Daley, et al., Case No. 
     1:98CV02187, now pending in the United States District Court 
     for the District of Columbia;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1), the Senate may direct its counsel to 
     represent officers of the Senate in civil actions with 
     respect to their official responsibilities: Now, therefore, 
     be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent the Secretary of the Senate and the Sergeant at 
     Arms and Doorkeeper of the Senate in the case of Alexander, 
     et al. v. Daley, et al.

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