U.S. Code » Title 2 » Chapter CHAPTER 9D— OFFICE OF SENATE LEGAL COUNSEL

2 U.S.C. § 288b

Requirements for authorizing representation activity

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(a) Direction of Joint Leadership Group or Senate resolution

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) Civil action to enforce subpena

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) Intervention or appearance

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) Immunity proceedingsThe 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) 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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1994–2021 · leading case: United States House of Representatives v. United States Dep't of Com., 11 F. Supp. 2d 76 (D.D.C. 1998).
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United States House of Representatives v. United States Dep't of Com., 11 F. Supp. 2d 76 (D.D.C. 1998). “As discussed in greater detail earlier, legislative bodies have been permitted to invoke the power of the federal courts to enforce a subpoena without violating separation of powers.”
Senate Select Comm. on Ethics v. Packwood, 845 F. Supp. 17 (D.D.C. 1994). “Pursuant to sections 703(b) and 705 of the Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(b) and 288d (1988), Senate legal counsel may only initiate a civil action to enforce a subpoena upon the adoption of a resolution by the full Senate authorizing such proceedings.”
Newdow v. U.S. Cong., 313 F.3d 495 (9th Cir. 2002). “” 2 U.S.C. § 288b(c). There was a resolution here.”
Cong. Oversight of the White House (OLC 2021). “See 2 U.S.C. § 288b(b) (requiring “adoption of a resolution by the Senate” to authorize a Senate subpoena-enforcement 50 Congressional Oversight of the White House suit); House Rule XI.”
— 2 U.S.C. § 288b(b) — 3 cases
United States House of Representatives v. United States Dep't of Com., 11 F. Supp. 2d 76 (D.D.C. 1998). “As discussed in greater detail earlier, legislative bodies have been permitted to invoke the power of the federal courts to enforce a subpoena without violating separation of powers.”
Senate Select Comm. on Ethics v. Packwood, 845 F. Supp. 17 (D.D.C. 1994). “Pursuant to sections 703(b) and 705 of the Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(b) and 288d (1988), Senate legal counsel may only initiate a civil action to enforce a subpoena upon the adoption of a resolution by the full Senate authorizing such proceedings.”
Cong. Oversight of the White House (OLC 2021). “See 2 U.S.C. § 288b(b) (requiring “adoption of a resolution by the Senate” to authorize a Senate subpoena-enforcement 50 Congressional Oversight of the White House suit); House Rule XI.”
— 2 U.S.C. § 288b(c) — 1 case
Newdow v. U.S. Cong., 313 F.3d 495 (9th Cir. 2002). “” 2 U.S.C. § 288b(c). There was a resolution here.”
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