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2 U.S.C. § 288gAdvisory and other functions

submitted 48 years ago by Pub. L. 95-521 to r/title-2-THE-CONGRESS · 358 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lists other duties the Senate Legal Counsel has, beyond litigation. The Counsel advises and works with the U.S. Attorney for D.C. on contempt-of-Congress cases, with Senate committees on cases important to the Senate, with agencies like the Government Accountability Office, and with members or staff who need outside lawyers. The Counsel also keeps legal research files from cases involving Congress, sharing non-confidential material with the public, and does other duties the Senate assigns.

(a) Advisory role. The Counsel must advise, consult, and work with: (1) the U.S. Attorney for the District of Columbia, on criminal contempt-of-Congress cases certified by the President pro tempore of the Senate under section 194 of this title; (2) the Senate committee responsible for identifying court cases of vital interest to the Senate; (3) the Comptroller General, the Government Accountability Office, the Senate's Office of Legislative Counsel, and the Congressional Research Service — though nothing in this chapter changes those offices' own functions, powers, or duties; (4) any Senate Member, officer, or employee who is not represented under section 288c of this title, to help them get private legal counsel; (5) the President pro tempore of the Senate, the Secretary of the Senate, the Sergeant-at-Arms, and the Parliamentarian, on any subpoena, order, or request to withdraw papers from the Senate that raises a question about the Senate's privileges; and (6) any Senate committee or subcommittee, on writing and updating their rules for using congressional investigative powers and on questions that come up during investigations. (b) Legal research files. The Counsel must keep legal research files of materials from court cases involving Congress, a House of Congress, a congressional office or agency, or any committee, subcommittee, Member, officer, or employee of Congress. Public court papers and research memos that don't contain confidential or privileged information must be made available to the public, consistent with any applicable Senate rules and the Senate's interests. (c) Other duties. The Counsel must also perform other duties, consistent with this chapter's purposes and limits, that the Senate directs.
the actual law source: uscode.house.gov ↗public domain
(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 credit: (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.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-521 · 92 Stat. 1880
  • 2004Amended · Pub. L. 108-271 · 118 Stat. 814

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.

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