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

Summary

The Counsel must give legal advice and work with certain people and offices. That includes the U.S. Attorney for the District of Columbia on contempt cases certified by the President pro tempore under section 194; the Senate committee that watches for court cases important to the Senate; the Comptroller General/GAO, the Senate’s Office of Legislative Counsel, and the Congressional Research Service, without changing their powers; any Senator, officer, or employee not covered by section 288c who needs help getting a private lawyer; the President pro tempore, Secretary, Sergeant-at-Arms, and Parliamentarian about subpoenas, orders, or requests to withdraw papers that raise Senate privilege issues; and any Senate committee or subcommittee when making or updating rules for investigations and when questions come up during an investigation. The Counsel must also keep legal research files from court cases involving Congress or its parts. Public court papers and nonconfidential research memos should be made available to the public under applicable Senate rules and interests. The Counsel must do other duties the Senate directs that fit this chapter.

Title 2, §288g

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(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 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.

Notes & Related Subsidiaries

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 Judicial Procedure, and amended section 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.

Amendments

2004—Subsec. (a)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting 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.

§288g Advisory and Other Functions