Title 2The CongressRelease 119-73

§288c Defending the Senate, committee, subcommittee, member, officer, or employee of Senate

Title 2 › Chapter CHAPTER 9D— - OFFICE OF SENATE LEGAL COUNSEL › § 288c

Last updated Apr 6, 2026|Official source

Summary

When the Senate asks, the Senate Counsel must defend the Senate, its committees, and any member, officer, or employee in civil lawsuits or other legal proceedings that challenge official Senate actions (for example, issuing subpoenas or orders). The Counsel can represent a member, officer, or employee only if that person agrees.

Full Legal Text

Title 2, §288c

The Congress — Source: USLM XML via OLRC

(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, 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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

2 U.S.C. § 288c

Title 2The Congress

Last Updated

Apr 6, 2026

Release point: 119-73