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2 U.S.C. § 288f — Immunity proceedings
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_bf909e7625375ca069752098
Source file: Laws/federal/codes/united-states-code/title-2/section-288f-immunity-proceedings--d84d3bc0ac.md
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Source location: Title 2, Chapter 9D, § 288f; chapter-9d-office-of-senate-legal-counsel.md
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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
**(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
**(a)** In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to either House of Congress, or any committee, or any subcommittee of either House, or any joint committee of the two Houses, a United States district court shall issue, in accordance with subsection (b) of this section, upon the request of a duly authorized representative of the House of Congress or the committee concerned, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in [section 6002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section6002&num=0&edition=prelim).
**(b)** Before issuing an order under subsection (a) of this section, a United States district court shall find that—
(1) in the case of a proceeding before or ancillary to either House of Congress, the request for such an order has been approved by an affirmative vote of a majority of the Members present of that House;
(2) in the case of a proceeding before or ancillary to a committee or a subcommittee of either House of Congress or a joint committee of both Houses, the request for such an order has been approved by an affirmative vote of two-thirds of the members of the full committee; and
(3) ten days or more prior to the day on which the request for such an order was made, the Attorney General was served with notice of an intention to request the order.
**(c)** Upon application of the Attorney General, the United States district court shall defer the issuance of any order under subsection (a) of this section for such period, not longer than twenty d
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 6005
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 288f
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