[Congressional Record Volume 152, Number 65 (Tuesday, May 23, 2006)]
[Senate]
[Page S5029]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SENATE LEGAL COUNSEL AUTHORIZATION

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of S. Res. 490 which was submitted earlier 
today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 490) to authorize representation by 
     the Senate Legal Counsel in the case of Lannak v. Biden, et 
     al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a pro se civil 
action filed against all three members of the Delaware congressional 
delegation, Senator Joseph R. Biden, Jr., Senator Thomas R. Carper, and 
Representative Michael N. Castle. Plaintiff complains that the 
defendants violated his rights under the Age Discrimination Act, by not 
actively assisting him in his quest to have the National Institutes of 
Health analyze and prove his research regarding the cause of a spine 
condition he terms ``equilibrium scoliosis.'' Plaintiff seeks damages 
for this alleged failure to help him in his dealings with the National 
Institutes of Health.
  This suit is subject to dismissal on various grounds, including 
failure to state a claim against the defendants under the Age 
Discrimination Act. This resolution authorizes the Senate Legal Counsel 
to represent the Senator defendants in this suit and to move for its 
dismissal.
  Mr. FRIST. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, and the motion to reconsider 
be laid upon the table.
  The resolution (S. Res. 490) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 490

       Whereas, in the case of Lannak v. Biden, et al., No. 06-CV-
     0180, pending in the United States District Court for the 
     District of Delaware, the plaintiff has named as defendants 
     Senators Joseph R. Biden, Jr. and Thomas R. Carper;
       Whereas, pursuant to sections 703(a) and 704(a)(l) of the 
     Ethics in Government Act of 1978, 2 U.S.C. 288b(a) and 
     288c(a)(l), the Senate may direct its counsel to defend 
     Members, officers, and employees of the Senate in civil 
     actions relating to their official responsibilities: Now, 
     therefore, be it
       Resolved, that the Senate Legal Counsel is authorized to 
     represent Senators Joseph R. Biden, Jr. and Thomas R. Carper 
     in the case of Lannak v. Biden, et al.

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