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2 U.S.C. § 288bRequirements for authorizing representation activity

submitted 48 years ago by Pub. L. 95-521 to r/title-2-THE-CONGRESS · 267 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section says when the Senate Legal Counsel is allowed to represent the Senate. The Counsel can only defend the Senate, a committee, or a Senate member, officer, or employee if told to by two-thirds of the Joint Leadership Group or by a Senate resolution. The Counsel can only sue to enforce a Senate subpoena, or step into a case as a friend of the court, when the Senate specifically directs it by resolution, and can only seek a grant of immunity when the Senate or a committee votes to direct that.

(a) Defending the Senate. The Counsel may 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 either by a two-thirds vote of the Joint Leadership Group's members or by the Senate adopting a resolution. (b) Enforcing a subpoena. The Counsel may bring a lawsuit to enforce a Senate subpoena under section 288d of this title only when the Senate directs this by adopting a resolution. (c) Intervening or appearing as amicus curiae. The Counsel may step into a case or appear as a "friend of the court" (amicus curiae) under section 288e of this title only when a Senate resolution directs this, and only when doing so in the name of the Senate or in the name of an officer, committee, subcommittee, or chair of a committee or subcommittee. (d) Seeking immunity orders. The Counsel serves as the authorized representative for getting a court order granting immunity under section 288f of this title for: (1) the Senate, when a majority of Senators present vote to direct this; or (2) a Senate committee or subcommittee, when two-thirds of the full committee's members vote to direct this. (e) No recommendations on resolutions. The Office (of Senate Legal Counsel) may not make recommendations about whether the Senate should consider a resolution under this section.
the actual law source: uscode.house.gov ↗public domain
(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 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 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.

Source credit: (Pub. L. 95–521, title VII, § 703, Oct. 26, 1978, 92 Stat. 1877.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-521 · 92 Stat. 1877

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.

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