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2 U.S.C. § 288b — Requirements for authorizing representation activity

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288b — Requirements for authorizing representation activity

**(a) Direction of Joint Leadership Group or Senate resolution** The Counsel shall defend the Senate or a committee, subcommittee, Member, officer, or employee of the Senate under [section 288c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288c&num=0&edition=prelim) only when directed to do so by two-thirds of the Members of the Joint Leadership Group or by the adoption of a resolution by the Senate. **(b) Civil action to enforce subpena** The Counsel shall bring a civil action to enforce a subpena of the Senate or a committee or subcommittee of the Senate under [section 288d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288d&num=0&edition=prelim) only when directed to do so by the adoption of a resolution by the Senate. **(c) Intervention or appearance** The Counsel shall intervene or appear as amicus curiae under [section 288e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288e&num=0&edition=prelim) only when directed to do so by a resolution adopted by the Senate when such intervention or appearance is to be made in the name of the Senate or in the name of an officer, committee, subcommittee, or chairman of a committee or subcommittee of the Senate. **(d) Immunity proceedings** The Counsel shall serve as the duly authorized representative in obtaining an order granting immunity under [section 288f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288f&num=0&edition=prelim) of— (1) the Senate when directed to do so by an affirmative vote of a majority of the Members present of the Senate; or (2) a committee or subcommittee of the Senate when directed to do so by an affirmative vote of two-thirds

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Source location: Title 2, Chapter 9D, § 288b; chapter-9d-office-of-senate-legal-counsel.md

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288e — Intervention or appearance

**(a) Actions or proceedings** When directed to do so pursuant to [section 288b(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/c&num=0&edition=prelim), the Counsel shall intervene or appear as amicus curiae in the name of the Senate, or in the name of an officer, committee, subcommittee, or chairman of a committee or subcommittee of the Senate in any legal action or proceeding pending in any court of the United States or of a State or political subdivision thereof in which the powers and responsibilities of Congress under the Constitution of the United States are placed in issue. The Counsel shall be authorized to intervene only if standing to intervene exists under section 2 of article III of the Constitution of the United States. **(b) Notification; publication** The Counsel shall notify the Joint Leadership Group of any legal action or proceeding in which the Counsel is of the opinion that intervention or appearance as amicus curiae under subsection (a) is in the interest of the Senate. Such notification shall contain a description of the legal action or proceeding together with the reasons that the Counsel is of the opinion that intervention or appearance as amicus curiae is in the interest of the Senate. The Joint Leadership Group shall cause said notification to be published in the Congressional Record for the Senate. **(c) Powers and responsibilities of Congress** The Counsel shall limit any intervention or appearance as amicus curiae in an action or proceeding to issues relating to the powers and responsibilities of Congress.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288f — Immunity proceedings

When directed to do so pursuant to [section 288b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/d&num=0&edition=prelim), the Counsel shall serve as the duly authorized representative of the Senate or a committee or subcommittee of the Senate in requesting a United States district court to issue an order granting immunity pursuant to [section 6005 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section6005&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288 — Office of Senate Legal Counsel

**(a) Establishment; appointment of Counsel and Deputy Counsel; Senate approval; reappointment; compensation** (1) There is established, as an office of the Senate, the Office of Senate Legal Counsel (hereinafter referred to as the “Office”), which shall be headed by a Senate Legal Counsel (hereinafter referred to as the “Counsel”); and there shall be a Deputy Senate Legal Counsel (hereinafter referred to as the “Deputy Counsel”) who shall perform such duties as may be assigned to him by the Counsel and who, during any absence, disability, or vacancy in the position of the Counsel, shall serve as Acting Senate Legal Counsel. (2) The Counsel and the Deputy Counsel each shall be appointed by the President pro tempore of the Senate from among recommendations submitted by the majority and minority leaders of the Senate. Any appointment made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person appointed as Counsel or Deputy Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during the term of such appointment. (3) (A) Any appointment made under paragraph (2) shall become effective upon approval by resolution of the Senate. The Counsel and the Deputy Counsel shall each be appointed for a term of service which shall expire at the end of the Congress following the Congress during which the Counsel or Deputy Counsel, respectively, is appointed except that the Senate may, by resolution, remove either the Counsel or the Deputy Counsel prior to the termination of any term of service. The Counsel and the Deputy Counsel may be reappointed at the termination of

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288c — Defending the Senate, committee, subcommittee, member, officer, or employee of Senate

**(a)** Except as otherwise provided in subsection (b), when directed to do so pursuant to [section 288b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/a&num=0&edition=prelim), the Counsel shall— (1) defend the Senate, a committee, subcommittee, Member, officer, or employee of the Senate in any civil action pending in any court of the United States or of a State or political subdivision thereof, in which the Senate, such committee, subcommittee, Member, officer, or employee is made a party defendant and in which there is placed in issue the validity of any proceeding of, or action, including issuance of any subpena or order, taken by the Senate, or such committee, subcommittee, Member, officer, or employee in its or his official or representative capacity; or (2) defend the Senate or a committee, subcommittee, Member, officer, or employee of the Senate in any proceeding with respect to any subpena or order directed to the Senate or such committee, subcommittee, Member, officer, or employee in its or his official or representative capacity. **(b)** Representation of a Member, officer, or employee under subsection (a) shall be undertaken by the Counsel only upon the consent of such Member, officer, or employee.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288d — Enforcement of Senate subpena or order

**(a) Institution of civil actions** When directed to do so pursuant to [section 288b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/b&num=0&edition=prelim), the Counsel shall bring a civil action under any statute conferring jurisdiction on any court of the United States (including [section 1365 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1365&num=0&edition=prelim)), to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened failure or refusal to comply with, any subpena or order issued by the Senate or a committee or a subcommittee of the Senate authorized to issue a subpena or order. **(b) Actions in name of committees and subcommittees** Any directive to the Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee of the Senate shall, for such committee or subcommittee, constitute authorization to bring such action within the meaning of any statute conferring jurisdiction on any court of the United States. **(c) Consideration of resolutions authorizing actions** It shall not be in order in the Senate to consider a resolution to direct the Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee unless— (1) such resolution is reported by a majority of the members voting, a majority being present, of such committee or committee of which such subcommittee is a subcommittee, and (2) the report filed by such committee or committee of which such subcommittee is a subcommittee contains a statement of— (A) the procedure followed in issuing such subpena; (B) the extent to which the party subpenaed has complied with such subpena; (C) any o

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288j — Consideration of resolutions to direct counsel

**(a) Procedure; rules** (1) A resolution introduced pursuant to [section 288b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b&num=0&edition=prelim) shall not be referred to a committee, except as otherwise required under [section 288d(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288d/c&num=0&edition=prelim). Upon introduction, or upon being reported if required under [section 288d(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288d/c&num=0&edition=prelim), 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 288b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/a&num=0&edition=prelim), 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

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288b — Requirements for authorizing representa-

Page 125 TITLE 2—THE CONGRESS § 288b with respect to all communications between them and any Member, officer, or employee of the Senate. (Pub. L. 95–521, title VII, § 701, Oct. 26, 1978, 92 Stat. 1875; Pub. L. 116–94, div. E, title II, § 212(a)(3)(I), Dec. 20, 2019, 133 Stat. 2776.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1), (d), and (e), 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 sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables. AMENDMENTS 2019—Subsec. (a)(4). Pub. L. 116–94, § 212(a)(3)(I)(i), struck out par. (4) which read as follows: ‘‘The Counsel shall receive compensation at a rate equal to the an- nual rate of basic pay for level III of the Executive Schedule under section 5314 of title 5. The Deputy Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level IV of the Execu- tive Schedule under section 5315 of title 5.’’ Subsec. (b)(1). Pub. L. 116–94, § 212(a)(3)(I)(ii), struck out ‘‘The compensation fixed for each Assistant Coun- sel shall not be in excess of a rate equal to the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5.’’ before ‘‘Any selection’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period begin- ning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116

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