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Title 2 — The Congress

Chapter 9D — Office of Senate Legal Counsel

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

Statutory text

(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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-six, and for other purposes

    Pub. L. 95–521 title VII § 704 · 92 Stat. 1824

    Enacted · 2 U.S.C. § 288c

    (Pub. L. 95–521, title VII, § 704, Oct. 26, 1978, 92 Stat. 1877.)

    Source evidence

    Code source credit
    (Pub. L. 95–521, title VII, § 704, Oct. 26, 1978, 92 Stat. 1877.)

    Enacted provision · exact public law section
    Sec. 704. defending the senate, a committee, subcommittee, member, officer, or employee of the senate (a) Except as otherwise provided in subsection (b), when 2 USC 288c. directed to do so pursuant to section 703(a), 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.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.

Credits

(Pub. L. 95–521, title VII, § 704, , 92 Stat. 1877.)

Parsed from the official OLRC USLM XML in data/usc_all/usc02.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t2/s288c