---
kind: "section"
citation: "2 U.S.C. § 288c"
title: "2"
title_heading: "The Congress"
number: "288c"
heading: "Defending the Senate, committee, subcommittee, member, officer, or employee of Senate"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/2/288c"
units:
  - "Chapter 9D — Office of Senate Legal Counsel"
---

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

- (a) Except as otherwise provided in [subsection (b)](#b), when directed to do so pursuant to [section 288b(a) of this title](/usc/2/288b.md?p=a), the Counsel shall—
  - (1) defend the Senate, a committee, subcommittee, [Member](/usc/2/4556.md?p=2), officer, or [employee](/usc/2/4558.md?p=2) of the Senate in any civil action pending in any court of the United States or of a [State](/usc/2/4556.md?p=1) or political subdivision thereof, in which the Senate, such committee, subcommittee, [Member](/usc/2/4556.md?p=2), officer, or [employee](/usc/2/4558.md?p=2) 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](/usc/2/4556.md?p=2), officer, or [employee](/usc/2/4558.md?p=2) in its or his official or representative capacity; or
  - (2) defend the Senate or a committee, subcommittee, [Member](/usc/2/4556.md?p=2), officer, or [employee](/usc/2/4558.md?p=2) of the Senate in any proceeding with respect to any subpena or order directed to the Senate or such committee, subcommittee, [Member](/usc/2/4556.md?p=2), officer, or [employee](/usc/2/4558.md?p=2) in its or his official or representative capacity.
- (b) Representation of a [Member](/usc/2/4556.md?p=2), officer, or [employee](/usc/2/4558.md?p=2) under [subsection (a)](#a) shall be undertaken by the Counsel only upon the consent of such [Member](/usc/2/4556.md?p=2), officer, or [employee](/usc/2/4558.md?p=2).

## Source credit

(Pub. L. 95–521, title VII, § 704, 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.