2 U.S.C. § 288j: Consideration of resolutions…

Summary

A resolution brought under section 288b must not be sent to a committee, except if section 288d(c) requires it. After the resolution is introduced or reported (whichever happens later), anyone may move to start considering it at any time. That motion is given high priority, cannot be debated, cannot be amended, and the vote on it cannot be reconsidered. If the Senate agrees to consider the resolution, debate is limited to not more than ten hours, split equally between supporters and opponents. No amendments are allowed, and no motion can send the resolution back or reopen the vote. Motions to postpone or to take up other business, and appeals about the chair’s rule decisions in this process, are decided without debate. For this chapter, "committee" means standing, select, and special Senate committees. These rules are part of the Senate’s rules and can be changed by the Senate like any other rule.

Title 2, §288j

The Congress, Source: USLM XML via OLRC

(a)Procedure; rules

(1)A resolution introduced pursuant to section 288b of this title shall not be referred to a committee, except as otherwise required under section 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 consideration 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 consideration 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 amendment 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 motions 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 section 288b of this title, the term “committee” includes 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 considered 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 inconsistent therewith; and

(2)with full recognition of the constitutional 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.

Notes & Related Subsidiaries

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 Judicial Procedure, and amended section 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification 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