2 U.S.C. § 288c — Defending the Senate, committee, sub-

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 in its or his offi- cial or representative capacity; or (2) defend the Senate or a committee, sub- committee, 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, offi- cer, or employee in its or his official or rep- resentative capacity. (b) Representation of a Member, officer, or em- ployee under subsection (a) shall be undertaken by the Counsel only upon the consent of such Member, officer, or employee. (Pub. L. 95–521, title VII, § 704, 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. § 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, the Counsel shall bring a civil action under any statute conferring juris- diction on any court of the United States (in- cluding section 1365 of title 28), to enforce, to se- cure a declaratory judgment concerning the va- lidity 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 sub- committee of the Senate authorized to issue a subpena or order. (b) Actions in name of committees and sub- committees 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, con- stitute authorization to bring such action with- in the meaning of any statute conferring juris- diction on any court of the United States. (c) Consideration of resolutions authorizing ac- tions It shall not be in order in the Senate to con- sider 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 sub- penaed has complied with such subpena; (C) any objections or privileges raised by the subpenaed party; and (D) the comparative effectiveness of bring- ing a civil action under this section, certifi- cation of a criminal action for contempt of Congress, and initiating a contempt pro- ceeding before the Senate. (d) Rules of Senate The provisions of subsection (c) are enacted— (1) as an exercise of the rulemaking power of the Senate, and, as such, they shall be consid- ered as part of the rules of the Senate, and such rules shall supersede any other rule of the Senate only to the extent that rule is in- consistent therewith; and (2) with full recognition of the constitu- tional right of the Senate to change such rules (so far as relating to the procedure in the Sen- ate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. (e) Committee reports A report filed pursuant to subsection (c)(2) shall not be receivable in any court of law to the extent such report is in compliance with such subsection.