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28 U.S.C. § 1364 — Direct actions against insurers of members of diplomatic missions and their families
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is, or was at the time of the tortious act or omission, a member of a mission (within the meaning of section 2(3) of the Diplomatic Relations Act ([22 U.S.C. 254a(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section254a/3&num=0&edition=prelim))) or a member of the family of such a member of a mission, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, against liability for personal injury, death, or damage to property.
**(b)** Any direct action brought against an insurer under subsection (a) shall be tried without a jury, but shall not be subject to the defense that the insured is immune from suit, that the insured is an indispensable party, or in the absence of fraud or collusion, that the insured has violated a term of the contract, unless the contract was cancelled before the claim arose.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1364
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Source file: Laws/federal/codes/united-states-code/title-28/section-1364-direct-actions-against-insurers-of-members-of-diplomatic-missions-and-th--9638d27a2e.md
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Source location: Title 28, Chapter 85, § 1364; chapter-085-district-courts-jurisdiction.md
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**(a)** The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is, or was at the time of the tortious act or omission, a member of a mission (within the meaning of section 2(3) of the Diplomatic Relations Act ([22 U.S.C. 254a(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section254a/3&num=0&edition=prelim))) or a member of the family of such a member of a mission, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, against liability for personal injury, death, or damage to property.
**(b)** Any direct action brought against an insurer under subsection (a) shall be tried without a jury, but shall not be subject to the defense that the insured is immune from suit, that the insured is an indispensable party, or in the absence of fraud or collusion, that the insured has violated a term of the contract, unless the contract was cancelled before the claim arose.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this Act—
(1) the term “members of a mission” means—
(A) the head of a mission and those members of a mission who are members of the diplomatic staff or who, pursuant to law, are granted equivalent privileges and immunities,
(B) members of the administrative and technical staff of a mission, and
(C) members of the service staff of a mission,
as such terms are defined in Article 1 of the Vienna Convention;
(2) the term “family” means—
(A) the members of the family of a member of a mission described in paragraph (1)(A) who form part of his or her household if they are not nationals of the United States, and
(B) the members of the family of a member of a mission described in paragraph (1)(B) who form part of his or her household if they are not nationals or permanent residents of the United States,
within the meaning of Article 37 of the Vienna Convention;
(3) the term “mission” includes missions within the meaning of the Vienna Convention and any missions representing foreign governments, individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are enjoyed by missions under the Vienna Convention; and
(4) the term “Vienna Convention” means the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227), entered into force with respect to the United States on December 13, 1972.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 254a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that the operation in the United States of foreign missions and public international organizations and the official missions to such organizations, including the permissible scope of their activities and the location and size of their facilities, is a proper subject for the exercise of Federal jurisdiction.
**(b) Policy** The Congress declares that it is the policy of the United States to support the secure and efficient operation of United States missions abroad, to facilitate the secure and efficient operation in the United States of foreign missions and public international organizations and the official missions to such organizations, and to assist in obtaining appropriate benefits, privileges, and immunities for those missions and organizations and to require their observance of corresponding obligations in accordance with international law.
**(c) Treatment of foreign missions in United States** The treatment to be accorded to a foreign mission in the United States shall be determined by the Secretary after due consideration of the benefits, privileges, and immunities provided to missions of the United States in the country or territory represented by that foreign mission, as well as matters relating to the protection of the interests of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4301
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288
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Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of civil actions** When directed to do so pursuant to [section 288b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1365&num=0&edition=prelim)), 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) 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) 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 o
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288d
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section194&num=0&edition=prelim);
(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 Government Accountability 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288c&num=0&edition=prelim) with regard to obtaining private legal counsel for such Member, officer, or employee;
(5) the President pro tempore of the Senate, the Secretary of 11 So in original. Probably should be “of the”. 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
(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 a
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288g
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288h
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Federal law — U.S. Code and appendices · legal_authorities
**(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)—
(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 a
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedure; rules**
(1) A resolution introduced pursuant to [section 288b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b&num=0&edition=prelim) shall not be referred to a committee, except as otherwise required under [section 288d(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288d/c&num=0&edition=prelim). Upon introduction, or upon being reported if required under [section 288d(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288d/c&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/a&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288j
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Intervention or appearance** Permission to intervene as a party or to appear as amicus curiae under [section 288e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288e&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288l
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