(b) 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, oflicer, 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) The Counsel shall perform such other duties consistent with the purposes and limitations of this title as the Senate may direct. DEFENSE OF CERTAIN CONSTITUTIONAL POWERS SEC. 709. In performing any function under this title, 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. CONFLICT OR INCONSISTENCY SEC. 710. (a) In the carrying out of the provisions of this title, 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 title or compliance with professional standards and responsibilities. (b) 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) 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) 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. PROCEDURE FOR CONSIDERATION OF RESOLUTIONS TO DIRECT THE COUNSEL SEC. 711. (a) (1) A resolution introduced pursuant to section 703 shall not be referred to a committee, except as otherwise required under section 705 (c). Upon introduction, or upon being reported if required under section 705(c), 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 703 (a), 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) For purposes of this title, other than section 703, the term "committee" includes standing. select, and special committees of the Senate established by law or resolution. (c) 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. ATTORNEY GENERAL RELIEVED OF RESPONSIBILITY SEC. 712. (a) Upon receipt of written notice that the Counsel has undertaken, pursuant to section 704 (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 704 (a) 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 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 706. PROCEDURAL PROVISIONS SEC. 713. (a) Permission to intervene as a party or to appear as amicus curiae under section 706 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) The Counsel, the Deputy Counsel, or any designated Assistant Counsel or counsel specially retained by the Ŏffice shall be entitled, for the purpose of performing his functions under this title, 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) Nothing in this title 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. TECHNICAL AND CONFORMING AMENDMENTS SEC. 714. (a) Section 3210 of title 39 of the United States Code, is amended (1) by striking out "and the Legislative Counsels of the House of Representatives and the Senate" in subsection (b) (1) and inserting in lieu thereof "the Legislative Counsels of the House of Representatives and the Senate, and the Senate Legal Counsel"; and (2) by striking out "or the Legislative Counsel of the House of Representatives or the Senate" in subsection (b) (2) and inserting in lieu thereof "the Legislative Counsel of the House of Representatives or the Senate, or the Senate Legal Counsel". (b) Section 3216 (a)(1)(A) of such title is amended by striking out "and the Legislative Counsels of the House of Representatives and the Senate" and inserting in lieu thereof "the Legislative Counsels of the House of Representatives and the Senate, and the Senate Legal Counsel". (c) Section 3219 of such title is amended by striking out "or the Legislative Counsel of the House of Representatives or the Senate" and inserting in lieu thereof "the Legislative Counsel of the House of Representatives or the Senate, or the Senate Legal Counsel". (d) Section 8 of the Act entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-six, and for other purposes," approved March 3, 1875 (2 U.S.C. 118), shall not apply to officers of the Senate. SEPARABILITY SEC. 715. If any part of this title or any amendment made by this title, 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. CONTINGENT FUND SEC. 716. The expenses of the Office shall be paid from the contingent fund of the Senate in accordance with the paragraph under the heading "UNDER LEGISLATIVE", relating to the contingent fund of the Senate, of the Act of October 1, 1888 (28 Stat. 546; 2 U.S.C. 68), and upon vouchers approved by the Counsel. EFFECTIVE DATE SEC. 717. This title shall take effect on January 3, 1979. LEGISLATIVE HISTORY Public Law 95-521 House Reports: No. 95-800 accompanying H.R. 1 (Comm. on the Judiciary) and No. 95-1756 (Comm. of Conference). Senate Reports: No. 95-170 (Comm. on Government Affairs) and No. 95-273 (Comm. on the Judiciary). Congressional Record: Vol. 123 (1977): June 27, considered and passed Senate. Vol. 124 (1978): Sept. 20, 27, H.R. 1 considered and passed House; proceedings vacated and S. 555, amended, passed in lieu. Oct. 7, Senate agreed to conference report. Weekly Compliation Oct. 12, House agreed to conference report. of Presidential Documents: Vol. 14, No. 43 (1978): Oct. 26, Presidential statement. Public Law 96-19 House Reports: No. 96–114, pt. 1 (Comm. on Post Office and Civil Service) and No. 96-114, pt. 2 (Comm. on the Judiciary). Congressional Record: Vol: 125 (1979): May 14, considered and passed House. Public Law 90-28 Senate Report No. 96-115 (Comm. on the Judiciary). Vol. 125 (1979): Apr. 9, considered and passed House Senate. May 16, 24, considered and passed House, amended. June 14. Senate concurred in House amendments, with an amendment. June 15. House concurred in Senate amendment to House amendment No. and receded from House amendment No. 2. Weekly Compilation of Presidential Documents: Vol. 15, No. 25: June 22, Presidential statement. Public Law 97-409 Senate Report No. 97-496 (Comm. on Governmental Affairs). Vol. 128 (1982): Aug. 12, considered and passed Senate. Public Law 98-150 Dec. 13, considered and passed House, amended. House Report No. 98-80 accompanying H.R. 2717, pt. I (Comm. on the Judiciary) and pt. II (Comm. on Post Office and Civil Service). Senate Report No. 98-59 (Comm. on Governmental Affairs). Congressional Record: Vol. 129 (1983): Apr. 6, considered and passed Senate. Sept. 19, H.R. 2717 considered and passed House; S. 461, amended, passed in lieu. Sept. 28, Senate concurred in House amendment with an amendment. Sept. 30, House concurred in Senate amendment with amendments. Oct. 27, Senate concurred in House amendments. O |