§ 288k. — Attorney General relieved of responsibility.
[Laws in effect as of January 7, 2003]
[Document affected by Public Law ]
[CITE: 2USC288k]
TITLE 2--THE CONGRESS
CHAPTER 9D--OFFICE OF SENATE LEGAL COUNSEL
Sec. 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, 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 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.
(Pub. L. 95-521, title VII, Sec. 712, Oct. 26, 1978, 92 Stat. 1883; Pub.
L. 107-273, div. A, title II, Sec. 202(b)(2), Nov. 2, 2002, 116 Stat.
1774; Pub. L. 108-7, div. H, title I, Sec. 110(b), Feb. 20, 2003, 117
Stat. 355.)
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 or
Solicitor General not to appeal any court decision affecting the
constitutionality of an Act or joint resolution 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.''
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 130f of this title.
