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2 U.S.C. § 288j — Consideration of resolutions to direct counsel

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288j — Consideration of resolutions to direct counsel

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Source file: Laws/federal/codes/united-states-code/title-2/section-288j-consideration-of-resolutions-to-direct-counsel--57abb3e6e3.md
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Source location: Title 2, Chapter 9D, § 288j; chapter-9d-office-of-senate-legal-counsel.md

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**(a) Procedure; rules** (1) A resolution introduced pursuant to [section 288b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b&num=0&edition=prelim) shall not be referred to a committee, except as otherwise required under [section 288d(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288d/c&num=0&edition=prelim). Upon introduction, or upon being reported if required under [section 288d(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288d/c&num=0&edition=prelim), whichever is later, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. A motion to proceed to the consideration of a resolution shall be highly privileged and not debatable. An amendment to such motion shall not be in order, and it shall not be in order to move to reconsider the vote by which such motion is agreed to. (2) With respect to a resolution pursuant to [section 288b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/a&num=0&edition=prelim), the following rules apply: (A) If the motion to proceed to the consideration of the resolution is agreed to, debate thereon shall be limited to not more than ten hours, which shall be divided equally between, and controlled by, those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to the resolution shall be in order. No motion to recommit the resolution shall be in order, and it shall not be in order to reconsider the vote by which the resolution is agreed to. (B) Motions to postpone, made with respect to the consideration of the resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (C) All appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to the resolution shall be decided without debate. **(b) “Committee” defined** For purposes of this chapter, other than [section 288b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b&num=0&edition=prelim), the term “committee” includes standing, select, and special committees of the Senate established by law or resolution. **(c) Rules of the Senate** The provisions of this section are enacted— (1) as an exercise of the rulemaking power of the Senate, and, as such, they shall be considered as part of the rules of the Senate, and such rules shall supersede any other rule of the Senate only to the extent that rule is inconsistent therewith; and (2) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288b — Requirements for authorizing representation activity

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288c&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288d&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288e&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288f&num=0&edition=prelim) 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

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 5504 — Officers of Senate

[Section 5503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section5503&num=0&edition=prelim) shall not apply to officers of the Senate.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288 — Office of Senate Legal Counsel

**(a) Establishment; appointment of Counsel and Deputy Counsel; Senate approval; reappointment; compensation** (1) There is established, as an office of the Senate, the Office of Senate Legal Counsel (hereinafter referred to as the “Office”), which shall be headed by a Senate Legal Counsel (hereinafter referred to as the “Counsel”); and there shall be a Deputy Senate Legal Counsel (hereinafter referred to as the “Deputy Counsel”) who shall perform such duties as may be assigned to him by the Counsel and who, during any absence, disability, or vacancy in the position of the Counsel, shall serve as Acting Senate Legal Counsel. (2) The Counsel and the Deputy Counsel each shall be appointed by the President pro tempore of the Senate from among recommendations submitted by the majority and minority leaders of the Senate. Any appointment made under this paragraph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person appointed as Counsel or Deputy Counsel shall be learned in the law, a member of the bar of a State or the District of Columbia, and shall not engage in any other business, vocation, or employment during the term of such appointment. (3) (A) Any appointment made under paragraph (2) shall become effective upon approval by resolution of the Senate. The Counsel and the Deputy Counsel shall each be appointed for a term of service which shall expire at the end of the Congress following the Congress during which the Counsel or Deputy Counsel, respectively, is appointed except that the Senate may, by resolution, remove either the Counsel or the Deputy Counsel prior to the termination of any term of service. The Counsel and the Deputy Counsel may be reappointed at the termination of

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1364 — Direct actions against insurers of members of diplomatic missions and their families

**(a)** The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is, or was at the time of the tortious act or omission, a member of a mission (within the meaning of section 2(3) of the Diplomatic Relations Act ([22 U.S.C. 254a(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section254a/3&num=0&edition=prelim))) or a member of the family of such a member of a mission, or an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13, 1946, against liability for personal injury, death, or damage to property. **(b)** Any direct action brought against an insurer under subsection (a) shall be tried without a jury, but shall not be subject to the defense that the insured is immune from suit, that the insured is an indispensable party, or in the absence of fraud or collusion, that the insured has violated a term of the contract, unless the contract was cancelled before the claim arose.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 288j — Consideration of resolutions to direct

Page 129 TITLE 2—THE CONGRESS § 288k funds appropriated to the contingent fund of the Senate. (Pub. L. 95–521, title VII, § 710, Oct. 26, 1978, 92 Stat. 1882.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judi- cial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classifica- tion of title VII to the Code, see Tables. 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. § 288j. Consideration of resolutions to direct counsel (a) Procedure; rules (1) A resolution introduced pursuant to section 288b of this title shall not be referred to a com- mittee, except as otherwise required under sec- tion 288d(c) of this title. Upon introduction, or upon being reported if required under section 288d(c) of this title, whichever is later, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consider- ation of such resolution. A motion to proceed to the consideration of a resolution shall be highly privileged and not debatable. An amendment to such motion shall not be in order, and it shall not be in order to move to reconsider the vote by which such motion is agreed to. (2) With respect to a resolution pursuant to section 288b(a) of this title, the following rules apply: (A) If the motion to proceed to the consider- ation of the resolution is agreed to, debate thereon shall be limited to not more

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