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

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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Source location: Title 2, Chapter 9D, § 288e; 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. § 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288b

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

2 U.S.C. § 288k — Attorney General relieved of responsibility

**(a)** Upon receipt of written notice that the Counsel has undertaken, pursuant to [section 288c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288c/a&num=0&edition=prelim), 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 288c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288c/a&num=0&edition=prelim) 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 Counsel as required by [section 530D of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section530D&num=0&edition=prelim).

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

2 U.S.C. § 288l — Procedural provisions

**(a) Intervention or appearance** Permission to intervene as a party or to 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) 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) Compliance with admission requirements** The Counsel, the Deputy Counsel, or any designated Assistant Counsel or counsel specially retained by the Office shall be entitled, for the purpose of performing his functions under this chapter, 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) Standing to sue; jurisdiction** Nothing in this chapter 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288l

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

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

Page 127 TITLE 2—THE CONGRESS § 288g 1 So in original. Probably should be ‘‘of the’’. (f) Omitted (g) Certification of failure to testify; contempt Nothing in this section shall limit the discre- tion of— (1) the President pro tempore of the Senate in certifying to the United States Attorney for the District of Columbia any matter pursuant to section 194 of this title; or (2) the Senate to hold any individual or enti- ty in contempt of the Senate. (Pub. L. 95–521, title VII, § 705, Oct. 26, 1978, 92 Stat. 1878; Pub. L. 99–336, § 6(a)(2), June 19, 1986, 100 Stat. 639.) Editorial Notes CODIFICATION Subsec. (f) of this section amended title 28 by adding section 1364 and by adding item 1364 to the chapter analysis. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–336 substituted ‘‘section 1365 of title 28’’ for ‘‘section 1364 of title 28’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title. § 288e. Intervention or appearance (a) Actions or proceedings When directed to do so pursuant to section 288b(c) of this title, 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 in- tervene exists under section 2 of article III of the Constitution of the United States. (b) Notification; publicatio

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