2 U.S.C. § 288g — Advisory and other functions

Page 127 TITLE 2—THE CONGRESS § 288g 1 So in original. Probably should be ‘‘of the’’. (f) Omitted (g) Certification of failure to testify; contempt Nothing in this section shall limit the discre- tion 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 enti- ty in contempt of the Senate. (Pub. L. 95–521, title VII, § 705, Oct. 26, 1978, 92 Stat. 1878; Pub. L. 99–336, § 6(a)(2), June 19, 1986, 100 Stat. 639.) Editorial Notes CODIFICATION Subsec. (f) of this section amended title 28 by adding section 1364 and by adding item 1364 to the chapter analysis. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–336 substituted ‘‘section 1365 of title 28’’ for ‘‘section 1364 of title 28’’. 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. § 288e. Intervention or appearance (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 in- tervene 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) is in the interest of the Senate. Such notifi- cation shall contain a description of the legal action or proceeding together with the reasons that the Counsel is of the opinion that interven- tion or appearance as amicus curiae is in the in- terest of the Senate. The Joint Leadership Group shall cause said notification to be pub- lished in the Congressional Record for the Sen- ate. (c) Powers and responsibilities of Congress The Counsel shall limit any intervention or appearance as amicus curiae in an action or pro- ceeding to issues relating to the powers and re- sponsibilities of Congress. (Pub. L. 95–521, title VII, § 706, Oct. 26, 1978, 92 Stat. 1880.) 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. § 288f. Immunity proceedings 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. (Pub. L. 95–521, title VII, § 707, Oct. 26, 1978, 92 Stat. 1880.) 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. § 288g. Advisory and other functions (a) Cooperation with persons, committees, sub- committees, and offices The Counsel shall advise, consult, and cooper- ate with— (1) the United States Attorney for the Dis- trict 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 re- sponsibility to identify any court proceeding or action which is of vital interest to the Sen- ate; (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 re- sponsibilities 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 em- ployee; (5) the President pro tempore of the Senate, the Secretary of 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 (6) any committee or subcommittee of the Senate in promulgating and revising their rules and procedures for the use of congres- sional 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 pro- 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