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Title 2 — The CongressRelease 119-73not60

§288b Requirements for Authorizing Representation Activity

Title 2 › Chapter 9D— OFFICE OF SENATE LEGAL COUNSEL › § 288b

Last updated Apr 3, 2026|Official source

Summary

Counsel may only act for the Senate when specific votes or resolutions authorize it. To defend the Senate, Counsel needs either a two-thirds vote of the Members of the Joint Leadership Group or a Senate resolution. To sue to enforce a Senate subpoena or to intervene or appear for the Senate or its parts, Counsel needs a Senate resolution. To get an immunity order, Counsel must be directed either by a majority of the Members present in the Senate or by a two-thirds vote of the full committee’s members. The Office must not recommend how the Senate should handle those resolutions.

Full Legal Text

Title 2, §288b

The Congress — Source: USLM XML via OLRC

(a)The Counsel shall defend the Senate or a committee, subcommittee, Member, officer, or employee 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)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 only when directed to do so by the adoption of a resolution by the Senate.
(c)The Counsel shall intervene or appear as amicus curiae under section 288e of this title 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)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 Senate when directed to do so by an affirmative vote of two-thirds of the members of the full committee.
(e)The Office shall make no recommendation with respect to the consideration of a resolution under this section.

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. § 288b

Title 2 — The Congress

Last Updated

Apr 3, 2026

Release point: 119-73not60