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 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 amend- ment 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 mo- tions 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 sec- tion 288b of this title, the term ‘‘committee’’ in- cludes 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 consid- ered 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 in- consistent therewith; and (2) with full recognition of the constitu- tional 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. (Pub. L. 95–521, title VII, § 711, Oct. 26, 1978, 92 Stat. 1882.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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. § 288k. Attorney General relieved of responsi- bility (a) Upon receipt of written notice that the Counsel has undertaken, pursuant to section 288c(a) of this title, to perform any representa- tional 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 re- spect to such representational service; (2) have no authority to perform such service in such action or proceeding except at the re- quest or with the approval of the Senate; and (3) transfer all materials relevant to the rep- resentation authorized under section 288c(a) of this title to the Counsel, except that nothing in this subsection shall limit any right of the Attorney General under existing law to inter- vene 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. (Pub. L. 95–521, title VII, § 712, Oct. 26, 1978, 92 Stat. 1883; Pub. L. 107–273, div. A, title II, § 202(b)(2), Nov. 2, 2002, 116 Stat. 1774; Pub. L. 108–7, div. H, title I, § 110(b), Feb. 20, 2003, 117 Stat. 355.) Editorial Notes AMENDMENTS 2003—Subsec. (b). Pub. L. 108–7 made technical amendment to reference in original act which appears in text as reference to section 530D of title 28. 2002—Subsec. (b). Pub. L. 107–273 added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘The Attorney General shall notify the Counsel with respect to any proceeding in which the United States is a party of any determination by the Attorney General