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. 116–94, set out as a note under section 282b of this title. EFFECTIVE DATE Pub. L. 95–521, title VII, § 717, Oct. 26, 1978, 92 Stat. 1885, provided that: ‘‘This title [enacting this chapter, section 5504 of this title, section 1364 of Title 28, Judici- ary and Judicial Procedure, amending sections 3210, 3216, and 3219 of Title 39, Postal Service, and enacting provisions set out as notes under this section] shall take effect on January 3, 1979.’’ SEPARABILITY Pub. L. 95–521, title VII, § 715, Oct. 26, 1978, 92 Stat. 1884, provided that: ‘‘If any part of this title or any amendment made by this title [enacting this chapter, section 5504 of this title, section 1364 of Title 28, Judici- ary and Judicial Procedure, amending sections 3210, 3216, and 3219 of Title 39, Postal Service, and enacting provisions set out as notes under this section] is held invalid, the remainder of the title and any amendment made by this title shall not be affected thereby. If any provision of any part of this title or of any amendment made by this title, or the application thereof to any person or circumstance is held invalid, the provisions of other parts and of any amendment made by this title and their application to other persons or circumstances shall not be affected thereby.’’ INCREASES IN COMPENSATION Increases in compensation for Senate officers and em- ployees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title. § 288a. Senate Joint Leadership Group (a) Accountability of Office The Office shall be directly accountable to the Joint Leadership Group in the performance of the duties of the Office. (b) Membership For purposes of this chapter, the Joint Leader- ship Group shall consist of the following Mem- bers: (1) The President pro tempore (or if he so designates, the Deputy President pro tempore) of the Senate. (2) The majority and minority leaders of the Senate. (3) The Chairman and ranking minority Member of the Committee on the Judiciary of the Senate. (4) The Chairman and ranking minority Member of the committee of the Senate which has jurisdiction over the contingent fund of the Senate. (c) Assistance of Secretary of Senate The Joint Leadership Group shall be assisted in the performance of its duties by the Sec- retary of the Senate. (Pub. L. 95–521, title VII, § 702, Oct. 26, 1978, 92 Stat. 1877.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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 Judi- cial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classifica- tion of title VII to the Code, see Tables. 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. § 288b. Requirements for authorizing representa- tion activity (a) Direction of Joint Leadership Group or Sen- ate resolution The Counsel shall defend the Senate or a com- mittee, subcommittee, Member, officer, or em- ployee of the Senate under section 288c of this title 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 en- force a subpena of the Senate or a committee or subcommittee of the Senate under section 288d of this title 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 ami- cus curiae under section 288e of this title only when directed to do so by a resolution adopted by the Senate when such intervention or appear- 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.