Title 2, The CongressRelease 119-102
§288k Attorney General Relieved of Responsibility
Title 2 › CHAPTER 9D — OFFICE OF SENATE LEGAL COUNSEL › § 288k
Summary
When the Counsel tells the Attorney General in writing that the Counsel will represent a designated party under section 288c(a), the Attorney General stops being responsible for that representation, may not take over the work unless the Senate approves or asks, and must give the Counsel all papers and materials about the case. The Attorney General can still intervene or file a friend-of-the-court brief if the law allows. The Attorney General must also notify Counsel as required by section 530D of title 28.
Full Legal Text
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
2 U.S.C. § 288k
Title 2, The Congress
Last Updated
Aug 21, 2026
Release point: 119-102