2 U.S.C. § 288i — Representation conflict or inconsistency

Page 128 TITLE 2—THE CONGRESS § 288h ceedings 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 privi- leged nature shall be made available to the pub- lic 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. (Pub. L. 95–521, title VII, § 708, Oct. 26, 1978, 92 Stat. 1880; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(3) and (c), was in the original ‘‘this title’’, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judi- cial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classifica- tion of title VII to the Code, see Tables. AMENDMENTS 2004—Subsec. (a)(3). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title. § 288h. Defense of certain constitutional powers 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 ar- ticle I of the Constitution of the United States; (2) the constitutional power of the Senate to be judge of the elections, returns, and quali- fications 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 jour- nal 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 re- sponsibilities of the Senate or of Congress; and (7) the constitutionality of Acts and joint resolutions of the Congress. (Pub. L. 95–521, title VII, § 709, Oct. 26, 1978, 92 Stat. 1881.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and sec- tion 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title. § 288i. Representation conflict or inconsistency (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 rep- resentation of such party or person and the car- rying 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 mem- bers of the Joint Leadership Group shall rec- ommend the action to be taken to avoid or re- solve the conflict or inconsistency. If such rec- ommendation is made by a two-thirds vote, the Counsel shall take such steps as may be nec- essary 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 pub- lished in the Congressional Record of the Sen- ate. 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 in- consistency 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 authorize the reimbursement of any Member, officer, or em- ployee of the Senate who is not represented by the Counsel for fees and costs, including attor- neys’ fees, reasonably incurred in obtaining rep- resentation. Such reimbursement shall be from Page 129 TITLE 2—THE CONGRESS § 288k funds appropriated to the contingent fund of the Senate. (Pub. L. 95–521, title VII, § 710, Oct. 26, 1978, 92 Stat. 1882.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judi- cial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classifica- tion of title VII to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title. § 288j. Consideration of resolutions to direct counsel (a) Procedure; rules (1) A resolution introduced pursuant to section 288b of this title shall not be referred to a com- mittee, except as otherwise required under sec- tion 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 consider- ation 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 consider- ation 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 amend- ment 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 mo- tions 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 sec- tion 288b of this title, the term ‘‘committee’’ in- cludes 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 consid- ered 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 in- consistent therewith; and (2) with full recognition of the constitu- tional 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. (Pub. L. 95–521, title VII, § 711, Oct. 26, 1978, 92 Stat. 1882.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this title’’, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judi- cial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classifica- tion of title VII to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title. § 288k. Attorney General relieved of responsi- bility (a) Upon receipt of written notice that the Counsel has undertaken, pursuant to section 288c(a) of this title, to perform any representa- tional 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 re- spect to such representational service; (2) have no authority to perform such service in such action or proceeding except at the re- quest or with the approval of the Senate; and (3) transfer all materials relevant to the rep- resentation 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 inter- vene 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. (Pub. L. 95–521, title VII, § 712, Oct. 26, 1978, 92 Stat. 1883; Pub. L. 107–273, div. A, title II, § 202(b)(2), Nov. 2, 2002, 116 Stat. 1774; Pub. L. 108–7, div. H, title I, § 110(b), Feb. 20, 2003, 117 Stat. 355.) Editorial Notes AMENDMENTS 2003—Subsec. (b). Pub. L. 108–7 made technical amendment to reference in original act which appears in text as reference to section 530D of title 28. 2002—Subsec. (b). 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