- § 288. Office of Senate Legal Counsel
- § 288a. Senate Joint Leadership Group
- § 288b. Requirements for authorizing representation activity
- § 288c. Defending the Senate, committee, subcommittee, member, officer, or employee of Senate
- § 288d. Enforcement of Senate subpena or order
- § 288e. Intervention or appearance
- § 288f. Immunity proceedings
- § 288g. Advisory and other functions
- § 288h. Defense of certain constitutional powers
- § 288i. Representation conflict or inconsistency
- § 288j. Consideration of resolutions to direct counsel
- § 288k. Attorney General relieved of responsibility
- § 288l. Procedural provisions
- § 288m. Contingent fund
- § 288n. Travel and related expenses
§ 288. Office of Senate Legal Counsel
(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.
(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. 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
(d) Policies and procedures
(e) Delegation of duties
(f) Attorney-client relationship
(Pub. L. 95–521, title VII, § 701, Oct. 26, 1978, 92 Stat. 1875; Pub. L. 116–94, div. E, title II, § 212(a)(3)(I), Dec. 20, 2019, 133 Stat. 2776.)
§ 288a. Senate Joint Leadership Group
(a) Accountability of 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
(Pub. L. 95–521, title VII, § 702, Oct. 26, 1978, 92 Stat. 1877.)
§ 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
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
(Pub. L. 95–521, title VII, § 703, Oct. 26, 1978, 92 Stat. 1877.)
§ 288c. Defending the Senate, committee, subcommittee, 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, 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) 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.)
§ 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 actionsIt 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 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 SenateThe provisions of subsection (c) 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
(f) Omitted
(g) Certification of failure to testify; contemptNothing 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.
(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.)
§ 288e. Intervention or appearance
(a) Actions or proceedings
(b) Notification; publication
(c) Powers and responsibilities of Congress
(Pub. L. 95–521, title VII, § 706, Oct. 26, 1978, 92 Stat. 1880.)
§ 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.)
§ 288g. Advisory and other functions
(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 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 with regard to obtaining private legal counsel for such Member, officer, or employee;
(5) the President pro tempore of the Senate, the Secretary of 1
1 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 any investigation.
(b) Legal research files
(c) Miscellaneous duties
(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.)
§ 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 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.
(Pub. L. 95–521, title VII, § 709, Oct. 26, 1978, 92 Stat. 1881.)
§ 288i. Representation conflict or inconsistency
(a) Notification
(b) Solution; publication in Congressional Record; review
(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
(Pub. L. 95–521, title VII, § 710, Oct. 26, 1978, 92 Stat. 1882.)
§ 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 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
(c) Rules of the SenateThe 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.
(Pub. L. 95–521, title VII, § 711, Oct. 26, 1978, 92 Stat. 1882.)
§ 288k. Attorney General relieved of responsibility
(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.
(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.)
§ 288l. Procedural provisions
(a) Intervention or appearance
(b) Compliance with admission requirements
(c) Standing to sue; jurisdiction
(Pub. L. 95–521, title VII, § 713, Oct. 26, 1978, 92 Stat. 1883.)
§ 288m. Contingent fund
The expenses of the Office shall be paid from the contingent fund of the Senate in accordance with section 6503 of this title, and upon vouchers approved by the Counsel.
(Pub. L. 95–521, title VII, § 716, Oct. 26, 1978, 92 Stat. 1885.)
§ 288n. Travel and related expenses
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.
(Pub. L. 98–51, title I, § 106, July 14, 1983, 97 Stat. 267.)