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2 U.S.C. § 288c — Defending the Senate, committee, subcommittee, member, officer, or employee of Senate
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288c
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Stable record: federal_law:legal_authorities:record_usc_e5248c3caf931fa81152736a
Source file: Laws/federal/codes/united-states-code/title-2/section-288c-defending-the-senate-committee-subcommittee-member-officer-or-employee-o--9dba3849e4.md
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Source location: Title 2, Chapter 9D, § 288c; chapter-9d-office-of-senate-legal-counsel.md
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**(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
**(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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Cooperation with persons, committees, subcommittees, and offices** The Counsel shall advise, consult, and cooperate with—
(1) the United States Attorney for the District of Columbia with respect to any criminal proceeding for contempt of Congress certified by the President pro tempore of the Senate pursuant to [section 194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section194&num=0&edition=prelim);
(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 Government Accountability 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 chapter 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 288c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288c&num=0&edition=prelim) with regard to obtaining private legal counsel for such Member, officer, or employee;
(5) the President pro tempore of the Senate, the Secretary of 11 So in original. Probably should be “of the”. 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 a
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 288g
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Federal law — U.S. Code and appendices · legal_authorities
Page 126
TITLE 2—THE CONGRESS
§ 288c
ance is to be made in the name of the Senate or
in the name of an officer, committee, sub-
committee, or chairman of a committee or sub-
committee 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 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 Sen-
ate when directed to do so by an affirmative
vote of two-thirds of the members of the full
committee.
(e) Resolution recommendations
The Office shall make no recommendation
with respect to the consideration of a resolution
under this section.
(Pub. L. 95–521, title VII, § 703, Oct. 26, 1978, 92
Stat. 1877.)
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.
§ 288c. Defending the Senate, committee, sub-
committee, 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, the Counsel shall—
(1) defend the Senate, a committee, sub-
committee, Member, officer, or employee of
the Senate in any civil action pending in any
court of the United States or of a State or po-
litical subdivision thereof, in which the Sen-
ate, such committee, subcommittee, Member,
officer, or employee is made a party defendant
and in which there is placed in issue the valid-
ity 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
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 288c
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.