§288b Requirements for Authorizing Representation Activity

Summary

The Counsel can only act for the Senate in certain court matters when given specific orders. The Counsel may defend the Senate, a committee, a subcommittee, or a Senator, officer, or employee only if two-thirds of the Joint Leadership Group agree or the Senate passes a resolution. The Counsel may sue to enforce a Senate or committee subpoena only if the Senate passes a resolution. The Counsel may appear to the court to state the Senate’s view only when the Senate adopts a resolution. To get an immunity order, the Counsel acts for the Senate when a majority of Senators present vote yes, and acts for a committee when two-thirds of the full committee vote yes. The Office must not advise whether the Senate should consider these resolutions.