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2 U.S.C. § 288k — Attorney General relieved of responsibility

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

2 U.S.C. § 288k — Attorney General relieved of responsibility

**(a)** Upon receipt of written notice that the Counsel has undertaken, pursuant to [section 288c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288c/a&num=0&edition=prelim), to perform any representational service with respect to any designated party in any action or proceeding pending or to be instituted, the Attorney General shall— (1) be relieved of any responsibility with respect to such representational service; (2) have no authority to perform such service in such action or proceeding except at the request or with the approval of the Senate; and (3) transfer all materials relevant to the representation authorized under [section 288c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288c/a&num=0&edition=prelim) to the Counsel, except that nothing in this subsection shall limit any right of the Attorney General under existing law to intervene or appear as amicus curiae in such action or proceeding. **(b)** The Attorney General shall notify Counsel as required by [section 530D of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section530D&num=0&edition=prelim).

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Source location: Title 2, Chapter 9D, § 288k; chapter-9d-office-of-senate-legal-counsel.md

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

2 U.S.C. § 5571 — Office of General Counsel of House; administrative provisions

**(a) Compliance with admission requirements** The General Counsel of the House of Representatives and any other counsel in the Office of the General Counsel of the House of Representatives, including any counsel specially retained by the Office of General Counsel, shall be entitled, for the purpose of performing the counsel’s functions, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this subsection shall not apply with respect to the admission of any such person to practice before the United States Supreme Court. **(b) Notification by Attorney General** The Attorney General shall notify the General Counsel of the House of Representatives as required by [section 530D of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section530D&num=0&edition=prelim). **(c) General Counsel definition** In this section, the term “General Counsel of the House of Representatives” means— (1) the head of the Office of General Counsel established and operating under clause 8 of rule II of the Rules of the House of Representatives; (2) the head of any successor office to the Office of General Counsel which is established after September 29, 1999; and (3) any other person authorized and directed in accordance with the Rules of the House of Representatives to provide legal assistance and representation to the House in connection with the matters described in this section. **(d) Effective date** The provisions of this section shall become effective beginning with September 29, 1999.

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

28 U.S.C. § 530D — Report on enforcement of laws

**(a) Report.—** (1) **In general.—** — The Attorney General shall submit to the Congress a report of any instance in which the Attorney General or any officer of the Department of Justice— (A) establishes or implements a formal or informal policy to refrain— (i) from enforcing, applying, or administering any provision of any Federal statute, rule, regulation, program, policy, or other law whose enforcement, application, or administration is within the responsibility of the Attorney General or such officer on the grounds that such provision is unconstitutional; or (ii) within any judicial jurisdiction of or within the United States, from adhering to, enforcing, applying, or complying with, any standing rule of decision (binding upon courts of, or inferior to those of, that jurisdiction) established by a final decision of any court of, or superior to those of, that jurisdiction, respecting the interpretation, construction, or application of the Constitution, any statute, rule, regulation, program, policy, or other law whose enforcement, application, or administration is within the responsibility of the Attorney General or such officer; (B) determines— (i) to contest affirmatively, in any judicial, administrative, or other proceeding, the constitutionality of any provision of any Federal statute, rule, regulation, program, policy, or other law; or (ii) to refrain (on the grounds that the provision is unconstitutional) from defending or asserting, in any judicial, administrative, or other proceeding, the constitutionality of any provision of any Federal statute, rule, regulation, program, policy, or other law, or not to appeal or request review of any judicial, administrative, or other determination adversely affecting the constitutionality of an

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

2 U.S.C. § 288e — Intervention or appearance

**(a) Actions or proceedings** When directed to do so pursuant to [section 288b(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section288b/c&num=0&edition=prelim), the Counsel shall intervene or appear as amicus curiae 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 in any legal action or proceeding pending in any court of the United States or of a State or political subdivision thereof in which the powers and responsibilities of Congress under the Constitution of the United States are placed in issue. The Counsel shall be authorized to intervene only if standing to intervene exists under section 2 of article III of the Constitution of the United States. **(b) Notification; publication** The Counsel shall notify the Joint Leadership Group of any legal action or proceeding in which the Counsel is of the opinion that intervention or appearance as amicus curiae under subsection (a) is in the interest of the Senate. Such notification shall contain a description of the legal action or proceeding together with the reasons that the Counsel is of the opinion that intervention or appearance as amicus curiae is in the interest of the Senate. The Joint Leadership Group shall cause said notification to be published in the Congressional Record for the Senate. **(c) Powers and responsibilities of Congress** The Counsel shall limit any intervention or appearance as amicus curiae in an action or proceeding to issues relating to the powers and responsibilities of Congress.

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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

2 U.S.C. § 288k — Attorney General relieved of responsi-

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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