US (United States) Code. Title 2. Chapter 9D: Office of Senate legal counsel

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-CITE-

2 USC CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

.

-HEAD-

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-MISC1-

Sec.

288. Office of Senate Legal Counsel.

(a) Establishment; appointment of Counsel and Deputy

Counsel; Senate approval; reappointment;

compensation.

(b) Assistant counsels and other personnel;

compensation; appointment; removal.

(c) Consultants.

(d) Policies and procedures.

(e) Delegation of duties.

(f) Attorney-client relationship.

288a. Senate Joint Leadership Group.

(a) Accountability of Office.

(b) Membership.

(c) Assistance of Secretary of Senate.

288b. Requirements for authorizing representation activity.

(a) Direction of Joint Leadership Group or Senate

resolution.

(b) Civil action to enforce subpena.

(c) Intervention or appearance.

(d) Immunity proceedings.

(e) Resolution recommendations.

288c. Defending the Senate, committee, subcommittee, member,

officer, or employee of Senate.

288d. Enforcement of Senate subpena or order.

(a) Institution of civil actions.

(b) Actions in name of committees and subcommittees.

(c) Consideration of resolutions authorizing actions.

(d) Rules of Senate.

(e) Committee reports.

(f) Omitted.

(g) Certification of failure to testify; contempt.

288e. Intervention or appearance.

(a) Actions or proceedings.

(b) Notification; publication.

(c) Powers and responsibilities of Congress.

288f. Immunity proceedings.

288g. Advisory and other functions.

(a) Cooperation with persons, committees,

subcommittees, and offices.

(b) Legal research files.

(c) Miscellaneous duties.

288h. Defense of certain constitutional powers.

288i. Representation conflict or inconsistency.

(a) Notification.

(b) Solution; publication in Congressional Record;

review.

(c) Computation of period following publication.

(d) Reimbursement.

288j. Consideration of resolutions to direct counsel.

(a) Procedure; rules.

(b) ''Committee'' defined.

(c) Rules of the Senate.

288k. Attorney General relieved of responsibility.

288l. Procedural provisions.

(a) Intervention or appearance.

(b) Compliance with admission requirements.

(c) Standing to sue; jurisdiction.

288m. Contingent fund.

288n. Travel and related expenses.

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2 USC Sec. 288 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288. Office of Senate Legal Counsel

-STATUTE-

(a) Establishment; appointment of Counsel and Deputy Counsel;

Senate approval; reappointment; compensation

(1) There is established, as an office of the Senate, the Office

of Senate Legal Counsel (hereinafter referred to as the

''Office''), which shall be headed by a Senate Legal Counsel

(hereinafter referred to as the ''Counsel''); and there shall be a

Deputy Senate Legal Counsel (hereinafter referred to as the

''Deputy Counsel'') who shall perform such duties as may be

assigned to him by the Counsel and who, during any absence,

disability, or vacancy in the position of the Counsel, shall serve

as Acting Senate Legal Counsel.

(2) The Counsel and the Deputy Counsel each shall be appointed by

the President pro tempore of the Senate from among recommendations

submitted by the majority and minority leaders of the Senate. Any

appointment made under this paragraph shall be made without regard

to political affiliation and solely on the basis of fitness to

perform the duties of the position. Any person appointed as

Counsel or Deputy Counsel shall be learned in the law, a member of

the bar of a State or the District of Columbia, and shall not

engage in any other business, vocation, or employment during the

term of such appointment.

(3)(A) Any appointment made under paragraph (2) shall become

effective upon approval by resolution of the Senate. The Counsel

and the Deputy Counsel shall each be appointed for a term of

service which shall expire at the end of the Congress following the

Congress during which the Counsel or Deputy Counsel, respectively,

is appointed except that the Senate may, by resolution, remove

either the Counsel or the Deputy Counsel prior to the termination

of any term of service. The Counsel and the Deputy Counsel may be

reappointed at the termination of any term of service.

(B) The first Counsel and the first Deputy Counsel shall be

appointed, approved, and begin service within ninety days after

January 3, 1979, and thereafter the Counsel and Deputy Counsel

shall be appointed, approved, and begin service within thirty days

after the beginning of the session of the Congress immediately

following the termination of a Counsel's or Deputy Counsel's term

of service or within sixty days after a vacancy occurs in either

position.

(4) The Counsel shall receive compensation at a rate equal to the

annual rate of basic pay for level III of the Executive Schedule

under section 5314 of title 5. The Deputy Counsel shall receive

compensation at a rate equal to the annual rate of basic pay for

level IV of the Executive Schedule under section 5315 of title 5.

(b) Assistant counsels and other personnel; compensation;

appointment; removal

(1) The Counsel shall select and fix the compensation of such

Assistant Senate Legal Counsels (hereinafter referred to as

''Assistant Counsels'') and of such other personnel, within the

limits of available funds, as may be necessary to carry out the

provisions of this chapter and may prescribe the duties and

responsibilities of such personnel. The compensation fixed for

each Assistant Counsel shall not be in excess of a rate equal to

the annual rate of basic pay for level V of the Executive Schedule

under section 5316 of title 5. Any selection made under this

paragraph shall be made without regard to political affiliation and

solely on the basis of fitness to perform the duties of the

position. Any individual selected as an Assistant Counsel shall be

learned in the law, a member of the bar of a State or the District

of Columbia, and shall not engage in any other business, vocation,

or employment during his term of service. The Counsel may remove

any individual appointed under this paragraph.

(2) For purposes of pay (other than the rate of pay of the

Counsel and Deputy Counsel) and employment benefits, right, and

privileges, all personnel of the Office shall be treated as

employees of the Senate.

(c) Consultants

In carrying out the functions of the Office, the Counsel may

procure the temporary (not to exceed one year) or intermittent

services of individual consultants (including outside counsel), or

organizations thereof, in the same manner and under the same

conditions as a standing committee of the Senate may procure such

services under section 72a(i) of this title.

(d) Policies and procedures

The Counsel may establish such policies and procedures as may be

necessary to carry out the provisions of this chapter.

(e) Delegation of duties

The counsel (FOOTNOTE 1) may delegate authority for the

performance of any function imposed by this chapter except any

function imposed upon the Counsel under section 288e(b) of this

title.

(FOOTNOTE 1) So in original. Probably should be capitalized.

(f) Attorney-client relationship

The Counsel and other employees of the Office shall maintain the

attorney-client relationship with respect to all communications

between them and any Member, officer, or employee of the Senate.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 701, Oct. 26, 1978, 92 Stat.

1875.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b)(1), (d), and (e), was

in the original ''this title'', meaning title VII of Pub. L.

95-521, which enacted this chapter, section 118a of this title, and

section 1364 of Title 28, Judiciary and Judicial Procedure, and

amended sections 3210, 3216, and 3219 of Title 39, Postal Service.

For complete classification of title VII to the Code, see Tables.

-MISC2-

EFFECTIVE DATE

Section 717 of title VII of Pub. L. 95-521 provided that: ''This

title (enacting this chapter, section 118a of this title, section

1364 of Title 28, Judiciary and Judicial Procedure, amending

sections 3210, 3216, and 3219 of Title 39, Postal Service, and

enacting provisions set out as notes under this section) shall take

effect on January 3, 1979.''

SEPARABILITY

Section 715 of title VII of Pub. L. 95-521 provided that: ''If

any part of this title or any amendment made by this title

(enacting this chapter, section 118a of this title, section 1364 of

Title 28, Judiciary and Judicial Procedure, amending sections 3210,

3216, and 3219 of Title 39, Postal Service, and enacting provisions

set out as notes under this section) is held invalid, the remainder

of the title and any amendment made by this title shall not be

affected thereby. If any provision of any part of this title or of

any amendment made by this title, or the application thereof to any

person or circumstance is held invalid, the provisions of other

parts and of any amendment made by this title and their application

to other persons or circumstances shall not be affected thereby.''

INCREASES IN COMPENSATION

Increases in compensation for Senate officers and employees under

authority of Federal Pay Comparability Act of 1970 (Pub. L.

91-656), see Salary Directives of President pro tempore of the

Senate, set out as notes under section 60a-1 of this title.

-CITE-

2 USC Sec. 288a 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288a. Senate Joint Leadership Group

-STATUTE-

(a) Accountability of Office

The Office shall be directly accountable to the Joint Leadership

Group in the performance of the duties of the Office.

(b) Membership

For purposes of this chapter, the Joint Leadership Group shall

consist of the following Members:

(1) The President pro tempore (or if he so designates, the

Deputy President pro tempore) of the Senate.

(2) The majority and minority leaders of the Senate.

(3) The Chairman and ranking minority Member of the Committee

on the Judiciary of the Senate.

(4) The Chairman and ranking minority Member of the committee

of the Senate which has jurisdiction over the contingent fund of

the Senate.

(c) Assistance of Secretary of Senate

The Joint Leadership Group shall be assisted in the performance

of its duties by the Secretary of the Senate.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 702, Oct. 26, 1978, 92 Stat.

1877.)

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2 USC Sec. 288b 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288b. Requirements for authorizing representation activity

-STATUTE-

(a) Direction of Joint Leadership Group or Senate resolution

The Counsel shall defend the Senate or a committee, subcommittee,

Member, officer, or employee of the Senate under section 288c of

this title only when directed to do so by two-thirds of the Members

of the Joint Leadership Group or by the adoption of a resolution by

the Senate.

(b) Civil action to enforce subpena

The Counsel shall bring a civil action to enforce a subpena of

the Senate or a committee or subcommittee of the Senate under

section 288d of this title only when directed to do so by the

adoption of a resolution by the Senate.

(c) Intervention or appearance

The Counsel shall intervene or appear as amicus curiae under

section 288e of this title only when directed to do so by a

resolution adopted by the Senate when such intervention or

appearance is to be made in the name of the Senate or in the name

of an officer, committee, subcommittee, or chairman of a committee

or subcommittee of the Senate.

(d) Immunity proceedings

The Counsel shall serve as the duly authorized representative in

obtaining an order granting immunity under section 288f of this

title of -

(1) the Senate when directed to do so by an affirmative vote of

a majority of the Members present of the Senate; or

(2) a committee or subcommittee of the Senate when directed to

do so by an affirmative vote of two-thirds of the members of the

full committee.

(e) Resolution recommendations

The Office shall make no recommendation with respect to the

consideration of a resolution under this section.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 703, Oct. 26, 1978, 92 Stat.

1877.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 288c, 288d, 288e, 288f,

288j of this title.

-CITE-

2 USC Sec. 288c 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288c. Defending the Senate, committee, subcommittee, member,

officer, or employee of Senate

-STATUTE-

(a) Except as otherwise provided in subsection (b) of this

section, when directed to do so pursuant to section 288b(a) of this

title, the Counsel shall -

(1) defend the Senate, a committee, subcommittee, Member,

officer, or employee of the Senate in any civil action pending in

any court of the United States or of a State or political

subdivision thereof, in which the Senate, such committee,

subcommittee, Member, officer, or employee is made a party

defendant and in which there is placed in issue the validity of

any proceeding of, or action, including issuance of any subpena

or order, taken by the Senate, or such committee, subcommittee,

Member, officer, or employee in its or his official or

representative capacity; or

(2) defend the Senate or a committee, subcommittee, Member,

officer, or employee of the Senate in any proceeding with respect

to any subpena or order directed to the Senate or such committee,

subcommittee, Member, officer, or employee in its or his official

or representative capacity.

(b) Representation of a Member, officer, or employee under

subsection (a) of this section shall be undertaken by the Counsel

only upon the consent of such Member, officer, or employee.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 704, Oct. 26, 1978, 92 Stat.

1877.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 288b, 288g, 288k of this

title.

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2 USC Sec. 288d 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288d. Enforcement of Senate subpena or order

-STATUTE-

(a) Institution of civil actions

When directed to do so pursuant to section 288b(b) of this title,

the Counsel shall bring a civil action under any statute conferring

jurisdiction on any court of the United States (including section

1365 of title 28), to enforce, to secure a declaratory judgment

concerning the validity of, or to prevent a threatened failure or

refusal to comply with, any subpena or order issued by the Senate

or a committee or a subcommittee of the Senate authorized to issue

a subpena or order.

(b) Actions in name of committees and subcommittees

Any directive to the Counsel to bring a civil action pursuant to

subsection (a) of this section in the name of a committee or

subcommittee of the Senate shall, for such committee or

subcommittee, constitute authorization to bring such action within

the meaning of any statute conferring jurisdiction on any court of

the United States.

(c) Consideration of resolutions authorizing actions

It shall not be in order in the Senate to consider a resolution

to direct the Counsel to bring a civil action pursuant to

subsection (a) of this section in the name of a committee or

subcommittee unless -

(1) such resolution is reported by a majority of the members

voting, a majority being present, of such committee or committee

of which such subcommittee is a subcommittee, and

(2) the report filed by such committee or committee of which

such subcommittee is a subcommittee contains a statement of -

(A) the procedure followed in issuing such subpena;

(B) the extent to which the party subpenaed has complied with

such subpena;

(C) any objections or privileges raised by the subpenaed

party; and

(D) the comparative effectiveness of bringing a civil action

under this section, certification of a criminal action for

contempt of Congress, and initiating a contempt proceeding

before the Senate.

(d) Rules of Senate

The provisions of subsection (c) of this section are enacted -

(1) as an exercise of the rulemaking power of the Senate, and,

as such, they shall be considered as part of the rules of the

Senate, and such rules shall supersede any other rule of the

Senate only to the extent that rule is inconsistent therewith;

and

(2) with full recognition of the constitutional right of the

Senate to change such rules (so far as relating to the procedure

in the Senate) at any time, in the same manner, and to the same

extent as in the case of any other rule of the Senate.

(e) Committee reports

A report filed pursuant to subsection (c)(2) of this section

shall not be receivable in any court of law to the extent such

report is in compliance with such subsection.

(f) Omitted

(g) Certification of failure to testify; contempt

Nothing in this section shall limit the discretion of -

(1) the President pro tempore of the Senate in certifying to

the United States Attorney for the District of Columbia any

matter pursuant to section 194 of this title; or

(2) the Senate to hold any individual or entity in contempt of

the Senate.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 705, Oct. 26, 1978, 92 Stat. 1878;

Pub. L. 99-336, Sec. 6(a)(2), June 19, 1986, 100 Stat. 639.)

-COD-

CODIFICATION

Subsec. (f) of this section amended title 28 by adding section

1364 and by adding item 1364 to the chapter analysis.

-MISC3-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-336 substituted ''section 1365 of

title 28'' for ''section 1364 of title 28''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 288b, 288j of this title.

-CITE-

2 USC Sec. 288e 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288e. Intervention or appearance

-STATUTE-

(a) Actions or proceedings

When directed to do so pursuant to section 288b(c) of this title,

the Counsel shall intervene or appear as amicus curiae in the name

of the Senate, or in the name of an officer, committee,

subcommittee, or chairman of a committee or subcommittee of the

Senate in any legal action or proceeding pending in any court of

the United States or of a State or political subdivision thereof in

which the powers and responsibilities of Congress under the

Constitution of the United States are placed in issue. The Counsel

shall be authorized to intervene only if standing to intervene

exists under section 2 of article III of the Constitution of the

United States.

(b) Notification; publication

The Counsel shall notify the Joint Leadership Group of any legal

action or proceeding in which the Counsel is of the opinion that

intervention or appearance as amicus curiae under subsection (a) of

this section is in the interest of the Senate. Such notification

shall contain a description of the legal action or proceeding

together with the reasons that the Counsel is of the opinion that

intervention or appearance as amicus curiae is in the interest of

the Senate. The Joint Leadership Group shall cause said

notification to be published in the Congressional Record for the

Senate.

(c) Powers and responsibilities of Congress

The Counsel shall limit any intervention or appearance as amicus

curiae in an action or proceeding to issues relating to the powers

and responsibilities of Congress.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 706, Oct. 26, 1978, 92 Stat.

1880.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 288, 288b, 288l of this

title.

-CITE-

2 USC Sec. 288f 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288f. Immunity proceedings

-STATUTE-

When directed to do so pursuant to section 288b(d) of this title,

the Counsel shall serve as the duly authorized representative of

the Senate or a committee or subcommittee of the Senate in

requesting a United States district court to issue an order

granting immunity pursuant to section 6005 of title 18.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 707, Oct. 26, 1978, 92 Stat.

1880.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 288b of this title.

-CITE-

2 USC Sec. 288g 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288g. Advisory and other functions

-STATUTE-

(a) Cooperation with persons, committees, subcommittees, and

offices

The Counsel shall advise, consult, and cooperate with -

(1) the United States Attorney for the District of Columbia

with respect to any criminal proceeding for contempt of Congress

certified by the President pro tempore of the Senate pursuant to

section 194 of this title;

(2) the committee of the Senate with the responsibility to

identify any court proceeding or action which is of vital

interest to the Senate;

(3) the Comptroller General, the General Accounting Office, the

Office of Legislative Counsel of the Senate, and the

Congressional Research Service, except that none of the

responsibilities and authority assigned by this chapter to the

Counsel shall be construed to affect or infringe upon any

functions, powers, or duties of the aforementioned;

(4) any Member, officer, or employee of the Senate not

represented under section 288c of this title with regard to

obtaining private legal counsel for such Member, officer, or

employee;

(5) the President pro tempore of the Senate, the Secretary of

(FOOTNOTE 1) Senate, the Sergeant-at-Arms of the Senate, and the

Parliamentarian of the Senate, regarding any subpena, order, or

request for withdrawal of papers presented to the Senate which

raises a question of the privileges of the Senate; and

(FOOTNOTE 1) So in original. Probably should be ''of the''.

(6) any committee or subcommittee of the Senate in promulgating

and revising their rules and procedures for the use of

congressional investigative powers and with respect to questions

which may arise in the course of any investigation.

(b) Legal research files

The Counsel shall compile and maintain legal research files of

materials from court proceedings which have involved Congress, a

House of Congress, an office or agency of Congress, or any

committee, subcommittee, Member, officer, or employee of Congress.

Public court papers and other research memoranda which do not

contain information of a confidential or privileged nature shall be

made available to the public consistent with any applicable

procedures set forth in such rules of the Senate as may apply and

the interests of the Senate.

(c) Miscellaneous duties

The Counsel shall perform such other duties consistent with the

purposes and limitations of this chapter as the Senate may direct.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 708, Oct. 26, 1978, 92 Stat.

1880.)

-CITE-

2 USC Sec. 288h 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288h. Defense of certain constitutional powers

-STATUTE-

In performing any function under this chapter, the Counsel shall

defend vigorously when placed in issue -

(1) the constitutional privilege from arrest or from being

questioned in any other place for any speech or debate under

section 6 of article I of the Constitution of the United States;

(2) the constitutional power of the Senate to be judge of the

elections, returns, and qualifications of its own Members and to

punish or expel a Member under section 5 of article I of the

Constitution of the United States;

(3) the constitutional power of the Senate to except from

publication such parts of its journal as in its judgment may

require secrecy;

(4) the constitutional power of the Senate to determine the

rules of its proceedings;

(5) the constitutional power of Congress to make all laws as

shall be necessary and proper for carrying into execution the

constitutional powers of Congress and all other powers vested by

the Constitution in the Government of the United States, or in

any department or office thereof;

(6) all other constitutional powers and responsibilities of the

Senate or of Congress; and

(7) the constitutionality of Acts and joint resolutions of the

Congress.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 709, Oct. 26, 1978, 92 Stat.

1881.)

-CITE-

2 USC Sec. 288i 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288i. Representation conflict or inconsistency

-STATUTE-

(a) Notification

In the carrying out of the provisions of this chapter, the

Counsel shall notify the Joint Leadership Group, and any party

represented or person affected, of the existence and nature of any

conflict or inconsistency between the representation of such party

or person and the carrying out of any other provision of this

chapter or compliance with professional standards and

responsibilities.

(b) Solution; publication in Congressional Record; review

Upon receipt of such notification, the members of the Joint

Leadership Group shall recommend the action to be taken to avoid or

resolve the conflict or inconsistency. If such recommendation is

made by a two-thirds vote, the Counsel shall take such steps as may

be necessary to resolve the conflict or inconsistency as

recommended. If not, the members of the Joint Leadership Group

shall cause the notification of conflict or inconsistency and

recommendation with respect to resolution thereof to be published

in the Congressional Record of the Senate. If the Senate does not

direct the Counsel within fifteen days from the date of publication

in the Record to resolve the conflict in another manner, the

Counsel shall take such action as may be necessary to resolve the

conflict or inconsistency as recommended. Any instruction or

determination made pursuant to this subsection shall not be

reviewable in any court of law.

(c) Computation of period following publication

For purposes of the computation of the fifteen day period in

subsection (b) of this section -

(1) continuity of session is broken only by an adjournment of

Congress sine die; and

(2) the days on which the Senate is not in session because of

an adjournment of more than three days to a date certain are

excluded.

(d) Reimbursement

The Senate may by resolution authorize the reimbursement of any

Member, officer, or employee of the Senate who is not represented

by the Counsel for fees and costs, including attorneys' fees,

reasonably incurred in obtaining representation. Such

reimbursement shall be from funds appropriated to the contingent

fund of the Senate.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 710, Oct. 26, 1978, 92 Stat.

1882.)

-CITE-

2 USC Sec. 288j 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288j. Consideration of resolutions to direct counsel

-STATUTE-

(a) Procedure; rules

(1) A resolution introduced pursuant to section 288b of this

title shall not be referred to a committee, except as otherwise

required under section 288d(c) of this title. Upon introduction,

or upon being reported if required under section 288d(c) of this

title, whichever is later, it shall at any time thereafter be in

order (even though a previous motion to the same effect has been

disagreed to) to move to proceed to the consideration of such

resolution. A motion to proceed to the consideration of a

resolution shall be highly privileged and not debatable. An

amendment to such motion shall not be in order, and it shall not be

in order to move to reconsider the vote by which such motion is

agreed to.

(2) With respect to a resolution pursuant to section 288b(a) of

this title, the following rules apply:

(A) If the motion to proceed to the consideration of the

resolution is agreed to, debate thereon shall be limited to not

more than ten hours, which shall be divided equally between, and

controlled by, those favoring and those opposing the resolution.

A motion further to limit debate shall not be debatable. No

amendment to the resolution shall be in order. No motion to

recommit the resolution shall be in order, and it shall not be in

order to reconsider the vote by which the resolution is agreed

to.

(B) Motions to postpone, made with respect to the consideration

of the resolution, and motions to proceed to the consideration of

other business, shall be decided without debate.

(C) All appeals from the decisions of the Chair relating to the

application of the rules of the Senate to the procedure relating

to the resolution shall be decided without debate.

(b) ''Committee'' defined

For purposes of this chapter, other than section 288b of this

title, the term ''committee'' includes standing, select, and

special committees of the Senate established by law or resolution.

(c) Rules of the Senate

The provisions of this section are enacted -

(1) as an exercise of the rulemaking power of the Senate, and,

as such, they shall be considered as part of the rules of the

Senate, and such rules shall supersede any other rule of the

Senate only to the extent that rule is inconsistent therewith;

and

(2) with full recognition of the constitutional right of the

Senate to change such rules at any time, in the same manner, and

to the same extent as in the case of any other rule of the

Senate.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 711, Oct. 26, 1978, 92 Stat.

1882.)

-CITE-

2 USC Sec. 288k 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288k. Attorney General relieved of responsibility

-STATUTE-

(a) Upon receipt of written notice that the Counsel has

undertaken, pursuant to section 288c(a) of this title, to perform

any representational service with respect to any designated party

in any action or proceeding pending or to be instituted, the

Attorney General shall -

(1) be relieved of any responsibility with respect to such

representational service;

(2) have no authority to perform such service in such action or

proceeding except at the request or with the approval of the

Senate; and

(3) transfer all materials relevant to the representation

authorized under section 288c(a) of this title to the Counsel,

except that nothing in this subsection shall limit any right of

the Attorney General under existing law to intervene or appear as

amicus curiae in such action or proceeding.

(b) The Attorney General shall notify Counsel as required by

section 530D of title 28.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 712, Oct. 26, 1978, 92 Stat. 1883;

Pub. L. 107-273, div. A, title II, Sec. 202(b)(2), Nov. 2, 2002,

116 Stat. 1774.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-273 added subsec. (b) and struck out former

subsec. (b) which read as follows: ''The Attorney General shall

notify the Counsel with respect to any proceeding in which the

United States is a party of any determination by the Attorney

General or Solicitor General not to appeal any court decision

affecting the constitutionality of an Act or joint resolution of

Congress within such time as will enable the Senate to direct the

Counsel to intervene as a party in such proceeding pursuant to

section 288e of this title.''

-CITE-

2 USC Sec. 288l 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288l. Procedural provisions

-STATUTE-

(a) Intervention or appearance

Permission to intervene as a party or to appear as amicus curiae

under section 288e of this title shall be of right and may be

denied by a court only upon an express finding that such

intervention or appearance is untimely and would significantly

delay the pending action or that standing to intervene has not been

established under section 2 of article III of the Constitution of

the United States.

(b) Compliance with admission requirements

The Counsel, the Deputy Counsel, or any designated Assistant

Counsel or counsel specially retained by the Office shall be

entitled, for the purpose of performing his functions under this

chapter, to enter an appearance in any proceeding before any court

of the United States or of a State or political subdivision thereof

without compliance with any requirement for admission to practice

before such court, except that the authorization conferred by this

subsection shall not apply with respect to the admission of any

such person to practice before the United States Supreme Court.

(c) Standing to sue; jurisdiction

Nothing in this chapter shall be construed to confer standing on

any party seeking to bring, or jurisdiction on any court with

respect to, any civil or criminal action against Congress, either

House of Congress, a Member of Congress, a committee or

subcommittee of a House of Congress, any office or agency of

Congress, or any officer or employee of a House of Congress or any

office or agency of Congress.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 713, Oct. 26, 1978, 92 Stat.

1883.)

-CITE-

2 USC Sec. 288m 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288m. Contingent fund

-STATUTE-

The expenses of the Office shall be paid from the contingent fund

of the Senate in accordance with section 68 of this title, and upon

vouchers approved by the Counsel.

-SOURCE-

(Pub. L. 95-521, title VII, Sec. 716, Oct. 26, 1978, 92 Stat.

1885.)

-CITE-

2 USC Sec. 288n 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-

Sec. 288n. Travel and related expenses

-STATUTE-

Funds expended by the Senate Legal Counsel for travel and related

expenses shall be subject to the same regulations and limitations

(insofar as they are applicable) as those which the Senate

Committee on Rules and Administration prescribes for application to

travel and related expenses for which payment is authorized to be

made from the contingent fund of the Senate.

-SOURCE-

(Pub. L. 98-51, title I, Sec. 106, July 14, 1983, 97 Stat. 267.)

-COD-

CODIFICATION

Section was enacted as part of the Congressional Operations

Appropriation Act, 1984, which is title I of the Legislative Branch

Appropriation Act, 1984, and not as part of title VII of Pub. L.

95-521 which in part comprises this chapter.

Section, as it relates to funds expended by the Legislative

Counsel of the Senate, is classified to section 276b of this title.

-CITE-