dreamproit/uscode huggingface dataset:
2 U.S.C. § 288g (THE CONGRESS)
§ 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 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.
(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.)
heading: References in Text
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 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.
heading: Amendments
text: 2004—Subsec. (a)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
heading: Effective Date
text: Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
2 U.S.C. § 288h (THE CONGRESS)
§ 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.)
heading: References in Text
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 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.
heading: Effective Date
text: Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
2 U.S.C. § 288i (THE CONGRESS)
§ 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 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)—
(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.
(Pub. L. 95–521, title VII, § 710, Oct. 26, 1978, 92 Stat. 1882.)
heading: References in Text
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 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.
heading: Effective Date
text: Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
2 U.S.C. § 288j (THE CONGRESS)
§ 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
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.
(Pub. L. 95–521, title VII, § 711, Oct. 26, 1978, 92 Stat. 1882.)
heading: References in Text
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 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.
heading: Effective Date
text: Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
2 U.S.C. § 288k (THE CONGRESS)
§ 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.)
heading: Amendments
text: 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.”
heading: Effective Date of 2003 Amendment
text: 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 5571 of this title.
heading: Effective Date
text: Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
2 U.S.C. § 288l (THE CONGRESS)
§ 288l. Procedural provisions
(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.
(Pub. L. 95–521, title VII, § 713, Oct. 26, 1978, 92 Stat. 1883.)
heading: References in Text
text: This chapter, referred to in subsecs. (b) 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 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.
heading: Effective Date
text: Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
2 U.S.C. § 288m (THE CONGRESS)
§ 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.)
heading: Effective Date
text: Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
2 U.S.C. § 292 (THE CONGRESS)
§ 292. Positions affected
This chapter shall apply to—
(1) all positions under the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Inspector General of the House of Representatives, except the positions of telephone operator and positions on the United States Capitol Police force;
(2) the position of minority pair clerk in the House;
(3) all positions under the House Recording Studio; and
(4) all positions under the House Radio and Television Correspondents’ Gallery and the House Periodical Press Gallery.
(Pub. L. 88–652, § 3, Oct. 13, 1964, 78 Stat. 1079; Pub. L. 104–53, title I, § 108(1), Nov. 19, 1995, 109 Stat. 522.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
heading: Amendments
text: 1995—Par. (1). Pub. L. 104–53 substituted “Chief Administrative Officer, and the Inspector General” for “Doorkeeper, and the Postmaster,”.
heading: Effective Date
text: Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
2 U.S.C. § 295 (THE CONGRESS)
§ 295. Placement of positions in compensation schedules
The committee shall place each position (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies in its appropriate class, and in its appropriate compensation level of the appropriate compensation schedule, in accordance with the position standards and position descriptions provided for in section 294 of this title. The committee is authorized, when circumstances so warrant, to change any such position from one class or compensation level to another class or compensation level. All actions of the committee under this section shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee.
(Pub. L. 88–652, § 6, Oct. 13, 1964, 78 Stat. 1081.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
heading: Effective Date
text: Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
2 U.S.C. § 297 (THE CONGRESS)
§ 297. Appointments and reclassifications to higher compensation levels
(a) Each employee in a compensation level of the House Employees Schedule (HS), who is appointed to a position in a higher compensation level of such schedule, or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position, shall be paid compensation in such higher compensation level, in accordance with the following provisions, whichever is first applicable in the following numerical order of precedence:
(1) at the rate of the lowest step for which the rate of compensation equals the rate of compensation for that step, in the compensation level from which he is appointed, which is two steps above the step in such level which he had attained immediately prior to such appointment;
(2) at the rate of the lowest step for which the rate of compensation exceeds, by not less than two steps of the compensation level from which he is appointed, his rate of compensation immediately prior to such appointment; or
(3) at the rate of the highest step of such higher compensation level, or at his rate of compensation immediately prior to such appointment, whichever rate is the higher.
(b) The committee may provide by regulations for the payment of compensation, at an appropriate compensation step determined in accordance with such regulations, to each employee subject to the House Wage Schedule (HWS) who is appointed to a position in a higher compensation level of such schedule or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position.
(Pub. L. 88–652, § 8, Oct. 13, 1964, 78 Stat. 1082.)
heading: Effective Date
text: Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
2 U.S.C. § 298 (THE CONGRESS)
§ 298. Reductions in compensation level
Each employee in a position of a compensation level of the House Employees Schedule (HS) or the House Wage Schedule (HWS), whose employment in such position and level is terminated and who is reemployed, with or without break in service, in a position in a lower compensation level (HS level or HWS level) of such schedule, or whose position is placed in a lower compensation level of such schedule pursuant to a reclassification of such position, shall be placed by the committee in such step of such lower compensation level as the committee deems appropriate.
(Pub. L. 88–652, § 9, Oct. 13, 1964, 78 Stat. 1083.)
heading: Effective Date
text: Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
2 U.S.C. § 300 (THE CONGRESS)
§ 300. Establishment of positions; payment from applicable accounts
The committee may authorize the establishment of additional positions of the kind to which this chapter applies, on a permanent basis or on a temporary basis of not to exceed six months’ duration, whenever, in the judgment of the committee, such action is warranted in the interests of the orderly and efficient operation of the House of Representatives. The compensation of each such position may be paid out of the applicable accounts of the House of Representatives until otherwise provided by law. An additional position of the kind to which this chapter applies shall not be established without authorization of the committee.
(Pub. L. 88–652, § 11, Oct. 13, 1964, 78 Stat. 1083; Pub. L. 104–186, title II, § 209(3), Aug. 20, 1996, 110 Stat. 1743.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
heading: Amendments
text: 1996—Pub. L. 104–186 substituted “applicable accounts” for “contingent fund”.
heading: Effective Date
text: Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
2 U.S.C. § 301 (THE CONGRESS)
§ 301. Preservation of existing appointing authorities
This chapter shall not be held or considered to change or otherwise affect—
(1) any authority to establish positions under the House of Representatives which are not within the purview of this chapter, or
(2) any authority to make appointments to positions under the House of Representatives, irrespective of whether such positions are within the purview of this chapter.
(Pub. L. 88–652, § 12, Oct. 13, 1964, 78 Stat. 1083.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 88–652, Oct. 13, 1964, 78 Stat. 1079, known as the House Employees Position Classification Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Tables.
heading: Effective Date
text: Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.