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

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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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 Page 130 TITLE 2—THE CONGRESS § 288l or Solicitor General not to appeal any court decision affecting the constitutionality of an Act or joint reso- lution of Congress within such time as will enable the Senate to direct the Counsel to intervene as a party in such proceeding pursuant to section 288e of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–7 effective as if included in the enactment of the 21st Century Department of Justice Appropriations Authorization Act, Pub. L. 107–273, see section 110(c) of Pub. L. 108–7, set out as a note under section 5571 of this title. 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. § 288l. Procedural provisions (a) Intervention or appearance Permission to intervene as a party or to ap- pear as amicus curiae under section 288e of this title shall be of right and may be denied by a court only upon an express finding that such intervention or appearance is untimely and would significantly delay the pending action or that standing to intervene has not been estab- lished under section 2 of article III of the Con- stitution of the United States. (b) Compliance with admission requirements The Counsel, the Deputy Counsel, or any des- ignated Assistant Counsel or counsel specially retained by the Office shall be entitled, for the purpose of performing his functions under this chapter, to enter an appearance in any pro- ceeding before any court of the United States or of a State or political subdivision thereof with- out compliance with any requirement for admis- sion 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. (c) Standing to sue; jurisdiction Nothing in this chapter shall be construed to confer standing on any party seeking to bring, or jurisdiction on any court with respect to, any civil or criminal action against Congress, either House of Congress, a Member of Congress, a committee or subcommittee of a House of Con- gress, any office or agency of Congress, or any officer or employee of a House of Congress or any office or agency of Congress. (Pub. L. 95–521, title VII, § 713, Oct. 26, 1978, 92 Stat. 1883.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), 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. § 288m. Contingent fund The expenses of the Office shall be paid from the contingent fund of the Senate in accordance with section 6503 of this title, and upon vouchers approved by the Counsel. (Pub. L. 95–521, title VII, § 716, Oct. 26, 1978, 92 Stat. 1885.) 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. § 288n. Travel and related expenses Funds expended by the Senate Legal Counsel for travel and related expenses shall be subject to the same regulations and limitations (insofar as they are applicable) as those which the Sen- ate Committee on Rules and Administration prescribes for application to travel and related expenses for which payment is authorized to be made from the contingent fund of the Senate. (Pub. L. 98–51, title I, § 106, July 14, 1983, 97 Stat. 267.) Editorial Notes CODIFICATION Section was enacted as part of the Congressional Op- erations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984, and not as part of title VII of Pub. L. 95–521 which in part com- prises this chapter. Section, as it relates to funds expended by the Legis- lative Counsel of the Senate, is classified to section 276b of this title. CHAPTER 10—CLASSIFICATION OF EMPLOY- EES OF HOUSE OF REPRESENTATIVES Sec. 291. Congressional declaration of purpose. 292. Positions affected. 293. Compensation schedules. 293a to 293c. Omitted. 294. Position standards and descriptions. 295. Placement of positions in compensation schedules. 296. Step increases; waiting periods; service in Armed Forces; automatic advancement. 297. Appointments and reclassifications to higher compensation levels. 298. Reductions in compensation level. 299. Repealed. 300. Establishment of positions; payment from ap- plicable accounts. 301. Preservation of existing appointing authori- ties. 302. Regulations. 303. Dual compensation. § 291. Congressional declaration of purpose It is the purpose of this chapter to provide a classification system for the equitable establish- ment and adjustment of rates of compensation

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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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