(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.
Structure US Code
CHAPTER 9D— OFFICE OF SENATE LEGAL COUNSEL
§ 288. Office of Senate Legal Counsel
§ 288a. Senate Joint Leadership Group
§ 288b. Requirements for authorizing representation activity
§ 288c. Defending the Senate, committee, subcommittee, member, officer, or employee of Senate
§ 288d. Enforcement of Senate subpena or order
§ 288e. Intervention or appearance
§ 288g. Advisory and other functions
§ 288h. Defense of certain constitutional powers
§ 288i. Representation conflict or inconsistency
§ 288j. Consideration of resolutions to direct counsel