§288k — Title 2 The Congress | U.S. Code

Summary

When the Counsel gives written notice that it will represent a designated party in a pending or upcoming case under its authority, the Attorney General must stop handling that representation. The Attorney General cannot take over that representation unless the Senate asks or approves. The Attorney General must turn over all materials related to the case to the Counsel, but may still join the case or appear as a friend of the court if allowed by other law. The Attorney General must also send whatever notice to the Counsel that other law requires.

Title 2, §288k

The Congress — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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 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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment 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.

§288k Attorney General relieved of responsibility

Summary

Title 2, §288k

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata