Page:United States Statutes at Large Volume 92 Part 2.djvu/601

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-521—OCT. 26, 1978 with respect to any criminal proceeding for contempt of Congress certified by the President pro tempore of the Senate pursuant to section 104 of the Revised Statutes (2 U.S.C. 194); (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 General Accounting 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 title 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 704 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) 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) The Counsel shall perform such other duties consistent with the purposes and limitations of this title as the Senate may direct.

92 STAT. 1881

Legal research files, compilation and maintenance.

DEFENSE OF CERTAIN CONSTITUTIONAIi POWERS

SEC. 709. In performing any function under this title, the Counsel 2 USC 288h. 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 I Constitution in the Government of the United States, or in any i department or office thereof;