---
kind: "section"
citation: "2 U.S.C. § 288b"
title: "2"
title_heading: "The Congress"
number: "288b"
heading: "Requirements for authorizing representation activity"
release: "119-102"
url: "https://uscodex.org/usc/2/288b"
units:
  - "Chapter 9D — Office of Senate Legal Counsel"
---

# §288b. Requirements for authorizing representation activity

- (a) **Direction of Joint Leadership Group or Senate resolution—** The Counsel shall defend the Senate or a [committee](/usc/2/288j.md?p=b), subcommittee, Member, officer, or [employee](/usc/2/4558.md?p=2) of the Senate under [section 288c of this title](/usc/2/288c.md) 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](/usc/2/288j.md?p=b) or subcommittee of the Senate under [section 288d of this title](/usc/2/288d.md) 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](/usc/2/288e.md) 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](/usc/2/288j.md?p=b), subcommittee, or chairman of a [committee](/usc/2/288j.md?p=b) 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](/usc/2/288f.md) 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](/usc/2/288j.md?p=b) or subcommittee of the Senate when directed to do so by an affirmative vote of two-thirds of the members of the full [committee](/usc/2/288j.md?p=b).
- (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.)

## Notes

### 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.