2 U.S.C. § 288d — Enforcement of Senate subpena or order

Page 126 TITLE 2—THE CONGRESS § 288c ance is to be made in the name of the Senate or in the name of an officer, committee, sub- committee, or chairman of a committee or sub- committee 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 Sen- ate 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. (Pub. L. 95–521, title VII, § 703, Oct. 26, 1978, 92 Stat. 1877.) 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. § 288c. Defending the Senate, committee, sub- committee, member, officer, or employee of Senate (a) Except as otherwise provided in subsection (b), when directed to do so pursuant to section 288b(a) of this title, the Counsel shall— (1) defend the Senate, a committee, sub- committee, Member, officer, or employee of the Senate in any civil action pending in any court of the United States or of a State or po- litical subdivision thereof, in which the Sen- ate, such committee, subcommittee, Member, officer, or employee is made a party defendant and in which there is placed in issue the valid- ity 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 offi- cial or representative capacity; or (2) defend the Senate or a committee, sub- committee, 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, offi- cer, or employee in its or his official or rep- resentative capacity. (b) Representation of a Member, officer, or em- ployee under subsection (a) shall be undertaken by the Counsel only upon the consent of such Member, officer, or employee. (Pub. L. 95–521, title VII, § 704, Oct. 26, 1978, 92 Stat. 1877.) 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. § 288d. Enforcement of Senate subpena or order (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 juris- diction on any court of the United States (in- cluding section 1365 of title 28), to enforce, to se- cure a declaratory judgment concerning the va- lidity 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 sub- committee of the Senate authorized to issue a subpena or order. (b) Actions in name of committees and sub- committees 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, con- stitute authorization to bring such action with- in the meaning of any statute conferring juris- diction on any court of the United States. (c) Consideration of resolutions authorizing ac- tions It shall not be in order in the Senate to con- sider 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 sub- penaed has complied with such subpena; (C) any objections or privileges raised by the subpenaed party; and (D) the comparative effectiveness of bring- ing a civil action under this section, certifi- cation of a criminal action for contempt of Congress, and initiating a contempt pro- ceeding before the Senate. (d) Rules of Senate The provisions of subsection (c) 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 (so far as relating to the procedure in the Sen- ate) 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) shall not be receivable in any court of law to the extent such report is in compliance with such subsection. 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-