93D CONGRESS 1ST SESSION RELATED LEGISLATION S. 2615 IN THE SENATE OF THE UNITED STATES OCTOBER 26, 1973 Mr. HARTKE introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To establish an Office of Counsel General in the legislative branch of Goverment, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 4 DECLARATION OF PURPOSE SECTION 1. That the Congress finds and declares that 5 there is a need for a professional legal counsel to the Con6 gress learned in the law, the Constitution, and the legislative 7 process; that the Congress is a coequal branch of the United 8 States Government with specific powers under article I of 9 the United States Constitution; that the enactment of laws 10 necessitates the continual review of such laws under the 11 United States Constitution; that representation of the Con 2 1 gress in the coequal judiciary branch in all matters of law 2 and fact is now a function of the coequal branch, the execu3 tive; that to insure the continued equality of the three branches 4 of government under the United States Constitution and to 5 advise Members of the constitutionality of proposed legisla6 tion, it is hereby declared to be the intent of Congress to 7 establish within the legislative branch an Office of the Counsel 8 General which will carry out the purposes herein setforth. 9 10 ESTABLISHMENT SEC. 2. (a) There is established in the legislative branch 11 of the Government the Office of Counsel General (hereinafter 12 referred to as the "Office"); 13 (b) There shall be in the Office a Counsel General 14 (hereinafter referred to as the "Counsel") and a Deputy 15 Counsel General (hereinafter referred to as the "Deputy 16 Counsel"), each of whom shall be appointed by the Presi17 dent pro tempore of the Senate and the Speaker of the House 18 of Representatives and confirmed by a majority vote of each 19 House; 20 (c) The Counsel and Deputy Counsel shall be chosen 21 222 without regard to political affiliation and solely on the basis 22 of fitness to perform the duties of the Office; 23 24 (d) The Office shall be under the control and supervision of the Counsel, and shall have a seal adopted by him. 25 The Deputy Counsel shall perform such duties as may be 3 1 assigned to him by the Counsel, not inconsistent with this 2 Act, and during the absence or incapacity of the Counsel, or 3 during a vacancy in that office, shall act as the Counsel; 4 (e) The annual compensation of the Counsel shall be 5 the same as Members of Congress. The annual compensation 6 of the Deputy Counsel shall be at the rate provided for level 7 IV of the Executive Schedule in title 5 of the United States 8 Code. 9 (f) No person may serve as Counsel or Deputy Counsel 10 while a candidate for or holder of any elected office, whether 11 local, State, or Federal, or while engaged in any other busi12 ness, vocation, or employment; 13 (g) The terms of office of the Counsel and the Deputy 14 Counsel first appointed shall expire on January 31, 1977. 15 The terms of office of Counsels and Deputy Counsels sub16 sequently appointed shall expire on January 31 every four 17 years thereafter. Except in the case of his removal under the 18 provision of subsection (h), a Counsel or Deputy Counsel 19 may serve until his successor is appointed. 20 225 (h) The Counsel or Deputy Counsel may be removed 21 at any time by a joint resolution of the Senate and House of 22 Representatives, when, in the judgment of the Congress, 23 either has become permanently incapacitated, or has been 24 guilty of any felony, misconduct, or any other conduct involv25 ing moral turpitude. 1 2 4 DUTIES OF THE COUNSEL GENERAL SEC. 3. (a) It shall be the duty of the Counsel Gen 3 eral, under such rules as the Committees on the Judiciary 4 of the Senate and the House of Representatives may jointly 5 prescribe from time to time, to: (1) render to committees, Members, and disbursing officers of the Congress, the Comptroller General, and other officers exclusively within the legislative branch, legal opinions upon questions arising under the Constitution and laws of the United States: (2) render to committees and Members advice with respect to the purpose and effect of provisions contained in Acts of the Congress, or to be inserted in proposed legislative measures; (3) perform such duties with respect to legislative review of executive actions as shall be prescribed by such rules; (4) appear as amicus curiae, upon the request, or with the approval, of the Committee on the Judiciary of the Senate or the House of Representatives, in any action pending in any court of the United States in which there is placed in issue the constitutional validity or interpretation of any Act of the Congress, or the validity of any official proceeding of or action taken by either 5 1 House of Congress or by any committee, Member, 23 4 5 6 7 Co 8 9 officer, office, or agency of the Congress; and (5) represent, upon the request, or with the approval of the Committee on the Judiciary of the Senate or the House of Representatives, either House of Con gress or any committee, Member, officer, office, or agency of the Congress in any legal action pending in any court of the United States to which such House committee, Member, officer, office, or agency is a party and in which 10 there is placed in issue the validity of any official proceeding of or action taken by such House, committee, Member, officer, office, or agency. 11 122 13 (b) Upon receipt of written notice from the Counsel 14 General to the effect that he has undertaken pursuant to sub15 section (a) (5) of this section to perform any such specified 16 representational service with respect to any designated action 17 or proceeding pending or to be instituted in a court of the 18 United States, the Attorney General shall be relieved of 19 responsibility and shall have no authority to perform such 20 service in such action or proceeding except at the request or 21 with the approval of the Counsel General. 22 (c) The Counsel shall seek the assistance and coopera23 tion of a Member, committee, officer, office, or agency in all 24 proceedings under this Act when such Member, committee, |