-CITE-
    2 USC CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL           01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
                CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL            

-MISC1-
    Sec.                                                     
    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.                          

-End-



-CITE-
    2 USC Sec. 288                                              01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288. Office of Senate Legal Counsel

-STATUTE-
    (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.
      (4) The Counsel shall receive compensation at a rate equal to the
    annual rate of basic pay for level III of the Executive Schedule
    under section 5314 of title 5. The Deputy Counsel shall receive
    compensation at a rate equal to the annual rate of basic pay for
    level IV of the Executive Schedule under section 5315 of title 5.
    (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. The compensation fixed for each
    Assistant Counsel shall not be in excess of a rate equal to the
    annual rate of basic pay for level V of the Executive Schedule
    under section 5316 of title 5. 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
      In carrying out the functions of the Office, the Counsel may
    procure the temporary (not to exceed one year) or intermittent
    services of individual consultants (including outside counsel), or
    organizations thereof, in the same manner and under the same
    conditions as a standing committee of the Senate may procure such
    services under section 72a(i) of this title.
    (d) Policies and procedures
      The Counsel may establish such policies and procedures as may be
    necessary to carry out the provisions of this chapter.
    (e) Delegation of duties
      The counsel (!1) may delegate authority for the performance of
    any function imposed by this chapter except any function imposed
    upon the Counsel under section 288e(b) of this title.

    (f) Attorney-client relationship
      The Counsel and other employees of the Office shall maintain the
    attorney-client relationship with respect to all communications
    between them and any Member, officer, or employee of the Senate.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 701, Oct. 26, 1978, 92 Stat.
    1875.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (b)(1), (d), and (e), was
    in the original "this title", meaning title VII of Pub. L. 95-521,
    which enacted this chapter, section 118a of this title, and section
    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.


-MISC1-
                              EFFECTIVE DATE                          
      Section 717 of title VII of Pub. L. 95-521 provided that: "This
    title [enacting this chapter, section 118a of this title, section
    1364 of Title 28, Judiciary and Judicial Procedure, amending
    sections 3210, 3216, and 3219 of Title 39, Postal Service, and
    enacting provisions set out as notes under this section] shall take
    effect on January 3, 1979."

                               SEPARABILITY                           
      Section 715 of title VII of Pub. L. 95-521 provided that: "If any
    part of this title or any amendment made by this title [enacting
    this chapter, section 118a of this title, section 1364 of Title 28,
    Judiciary and Judicial Procedure, amending sections 3210, 3216, and
    3219 of Title 39, Postal Service, and enacting provisions set out
    as notes under this section] is held invalid, the remainder of the
    title and any amendment made by this title shall not be affected
    thereby. If any provision of any part of this title or of any
    amendment made by this title, or the application thereof to any
    person or circumstance is held invalid, the provisions of other
    parts and of any amendment made by this title and their application
    to other persons or circumstances shall not be affected thereby."

                         INCREASES IN COMPENSATION                     
      Increases in compensation for Senate officers and employees under
    authority of Federal Pay Comparability Act of 1970 (Pub. L. 91-
    656), see Salary Directives of President pro tempore of the
    Senate, set out as notes under section 60a-1 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    2 USC Sec. 288a                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288a. Senate Joint Leadership Group

-STATUTE-
    (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-
    (Pub. L. 95-521, title VII, Sec. 702, Oct. 26, 1978, 92 Stat.
    1877.)

-End-



-CITE-
    2 USC Sec. 288b                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288b. Requirements for authorizing representation activity

-STATUTE-
    (a) Direction of Joint Leadership Group or Senate resolution
      The Counsel shall defend the Senate or a committee, subcommittee,
    Member, officer, or employee of the Senate under section 288c of
    this title only when directed to do so by two-thirds of the Members
    of the Joint Leadership Group or by the adoption of a resolution by
    the Senate.
    (b) Civil action to enforce subpena
      The Counsel shall bring a civil action to enforce a subpena of
    the Senate or a committee or subcommittee of the Senate under
    section 288d of this title only when directed to do so by the
    adoption of a resolution by the Senate.
    (c) Intervention or appearance
      The Counsel shall intervene or appear as amicus curiae under
    section 288e of this title only when directed to do so by a
    resolution adopted by the Senate when such intervention or
    appearance is to be made 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.
    (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
      The Office shall make no recommendation with respect to the
    consideration of a resolution under this section.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 703, Oct. 26, 1978, 92 Stat.
    1877.)

-End-



-CITE-
    2 USC Sec. 288c                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288c. Defending the Senate, committee, subcommittee, member,
      officer, or employee of Senate

-STATUTE-
      (a) Except as otherwise provided in subsection (b) of this
    section, 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) of this section shall be undertaken by the Counsel
    only upon the consent of such Member, officer, or employee.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 704, Oct. 26, 1978, 92 Stat.
    1877.)

-End-



-CITE-
    2 USC Sec. 288d                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288d. Enforcement of Senate subpena or order

-STATUTE-
    (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
    jurisdiction on any court of the United States (including section
    1365 of title 28), 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) of this section 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) of this section 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 Senate
      The provisions of subsection (c) 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 (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
      A report filed pursuant to subsection (c)(2) of this section
    shall not be receivable in any court of law to the extent such
    report is in compliance with such subsection.
    (f) Omitted
    (g) Certification of failure to testify; contempt
      Nothing 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.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 705, Oct. 26, 1978, 92 Stat. 1878;
    Pub. L. 99-336, Sec. 6(a)(2), June 19, 1986, 100 Stat. 639.)

-COD-
                               CODIFICATION                           
      Subsec. (f) of this section amended title 28 by adding section
    1364 and by adding item 1364 to the chapter analysis.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (a). Pub. L. 99-336 substituted "section 1365 of
    title 28" for "section 1364 of title 28".

-End-



-CITE-
    2 USC Sec. 288e                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288e. Intervention or appearance

-STATUTE-
    (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 intervene
    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) of
    this section is in the interest of the Senate. Such notification
    shall contain a description of the legal action or proceeding
    together with the reasons that the Counsel is of the opinion that
    intervention or appearance as amicus curiae is in the interest of
    the Senate. The Joint Leadership Group shall cause said
    notification to be published in the Congressional Record for the
    Senate.
    (c) Powers and responsibilities of Congress
      The Counsel shall limit any intervention or appearance as amicus
    curiae in an action or proceeding to issues relating to the powers
    and responsibilities of Congress.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 706, Oct. 26, 1978, 92 Stat.
    1880.)

-End-



-CITE-
    2 USC Sec. 288f                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288f. Immunity proceedings

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 707, Oct. 26, 1978, 92 Stat.
    1880.)

-End-



-CITE-
    2 USC Sec. 288g                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288g. Advisory and other functions

-STATUTE-
    (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) 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
      The Counsel shall compile and maintain legal research files of
    materials from court proceedings 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 privileged nature shall be
    made available to the public 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.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 708, Oct. 26, 1978, 92 Stat. 1880;
    Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(3). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

-FOOTNOTE-
    (!1) So in original. Probably should be "of the".


-End-



-CITE-
    2 USC Sec. 288h                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288h. Defense of certain constitutional powers

-STATUTE-
      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-
    (Pub. L. 95-521, title VII, Sec. 709, Oct. 26, 1978, 92 Stat.
    1881.)

-End-



-CITE-
    2 USC Sec. 288i                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288i. Representation conflict or inconsistency

-STATUTE-
    (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) of this section - 
        (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 employee of the Senate who is not represented
    by the Counsel for fees and costs, including attorneys' fees,
    reasonably incurred in obtaining representation. Such reimbursement
    shall be from funds appropriated to the contingent fund of the
    Senate.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 710, Oct. 26, 1978, 92 Stat.
    1882.)

-End-



-CITE-
    2 USC Sec. 288j                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288j. Consideration of resolutions to direct counsel

-STATUTE-
    (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
      For purposes of this chapter, other than section 288b of this
    title, the term "committee" includes 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 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.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 711, Oct. 26, 1978, 92 Stat.
    1882.)

-End-



-CITE-
    2 USC Sec. 288k                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288k. Attorney General relieved of responsibility

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 712, Oct. 26, 1978, 92 Stat. 1883;
    Pub. L. 107-273, div. A, title II, Sec. 202(b)(2), Nov. 2, 2002,
    116 Stat. 1774; Pub. L. 108-7, div. H, title I, Sec. 110(b), Feb.
    20, 2003, 117 Stat. 355.)


-MISC1-
                                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 or Solicitor General not to appeal any court decision
    affecting the constitutionality of an Act or joint resolution of
    Congress within such time as will enable the Senate to direct the
    Counsel to intervene as a party in such proceeding pursuant to
    section 288e of this title."

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-7 effective as if included in the
    enactment of the 21st Century Department of Justice Appropriations
    Authorization Act, Pub. L. 107-273, see section 110(c) of Pub. L.
    108-7, set out as a note under section 130f of this title.

-End-



-CITE-
    2 USC Sec. 288l                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288l. Procedural provisions

-STATUTE-
    (a) Intervention or appearance
      Permission to intervene as a party or to appear as amicus curiae
    under section 288e of this title 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-
    (Pub. L. 95-521, title VII, Sec. 713, Oct. 26, 1978, 92 Stat.
    1883.)

-End-



-CITE-
    2 USC Sec. 288m                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288m. Contingent fund

-STATUTE-
      The expenses of the Office shall be paid from the contingent fund
    of the Senate in accordance with section 68 of this title, and upon
    vouchers approved by the Counsel.

-SOURCE-
    (Pub. L. 95-521, title VII, Sec. 716, Oct. 26, 1978, 92 Stat.
    1885.)

-End-



-CITE-
    2 USC Sec. 288n                                             01/03/2007

-EXPCITE-
    TITLE 2 - THE CONGRESS
    CHAPTER 9D - OFFICE OF SENATE LEGAL COUNSEL

-HEAD-
    Sec. 288n. Travel and related expenses

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 98-51, title I, Sec. 106, July 14, 1983, 97 Stat. 267.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Congressional Operations
    Appropriation Act, 1984, which is title I of the Legislative Branch
    Appropriation Act, 1984, and not as part of title VII of Pub. L. 95-
    521 which in part comprises this chapter.
      Section, as it relates to funds expended by the Legislative
    Counsel of the Senate, is classified to section 276b of this title.

-End-