§ 288k. Attorney General relieved of responsibility

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-six, and for other purposes

   Pub. L. 95–521 title VII § 712 · 92 Stat. 1824

   Enacted · 2 U.S.C. § 288k

   Pub. L. 95–521, title VII, § 712, Oct. 26, 1978, 92 Stat. 1883

   Source evidence

   Code source credit
   Pub. L. 95–521, title VII, § 712, Oct. 26, 1978, 92 Stat. 1883

   Enacted provision · exact public law section
   Sec. 712. attorney general relieved of responsibility (a) Upon receipt of written notice that the Counsel has 2 USC 288k. undertaken, pursuant to section 704(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 704(a) 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 the Counsel with respect Notification. 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 706.

2. 2002

   21st Century Department of Justice Appropriations Authorization Act

   Pub. L. 107–273 div. A title II § 202(b)(2) · 116 Stat. 1758

   1. Added · 2 U.S.C. § 288k(b)

      Pub. L. 107–273 added subsec. (b)

   2. Struck · 2 U.S.C. § 288k(b)

      Pub. L. 107–273 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (2) Section 712 of Public Law 95-521 (92 Stat. 1883) is amended by striking subsection (b) and inserting: 2 USC 288k. “(b) The Attorney General shall notify Counsel as required by section 530D of title 28.”.

   Effective date note
   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.

3. 2003

   Department of Justice Appropriations Act, 2003

   Pub. L. 108–7 div. H title I § 110(b) · 117 Stat. 11

   Changed · 2 U.S.C. § 288k(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 110. Public Law 107–273 is amended— (1) in section 12222(b), 42 USC 5781 note. strike “on October 1, 2002” and insert in lieu thereof the following: “on the effective date provided in section 12102(b)”; (2) in section 12223(a), 42 USC 5601 note. strike “on the date of the enactment of this Act” and insert in lieu thereof the following: “on the effective date provided in section 12102(b)”; (3) in section 12223(b), by replacing “Act” with “subtitle”, and all the matter after “beginning” with “on or after the effective date provided in subsection (a).”.

   Effective date note
   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.

4 of 4 references resolved to an enrolled provision