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2 U.S.C. § 288jConsideration of resolutions to direct counsel

submitted 48 years ago by Pub. L. 95-521 to r/title-2-THE-CONGRESS · 425 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets Senate procedure for taking up a resolution to direct the Counsel. Such a resolution skips committee review (with one exception), and it's always in order to move to consider it; that motion can't be amended or debated. For resolutions about defending someone, once debate starts it's capped at ten hours split evenly between both sides, no amendments or recommittal are allowed, and rulings from the chair can't be debated either. These are formal Senate rules that the Senate can change later like any other rule.

(a) Procedure for taking up the resolution. A resolution introduced under section 288b of this title is not sent to a committee, except where section 288d(c) of this title specifically requires that. After it is introduced (or, if section 288d(c) requires a committee report, after that report is filed, whichever happens later), it is always in order to move to take up the resolution, even if an earlier version of that same motion already failed. A motion to take up the resolution gets priority treatment (is "highly privileged") and cannot be debated. No amendment to that motion is allowed, and no one can move to reconsider the vote on it. For a resolution under section 288b(a) of this title specifically, these rules apply: (A) if the motion to take up the resolution passes, debate on the resolution itself is capped at ten hours total, split evenly between supporters and opponents and controlled by them; a motion to further limit debate cannot itself be debated; no amendment to the resolution is allowed; and no motion to send the resolution back to committee is allowed, nor can the vote on the resolution be reconsidered. (B) Motions to postpone consideration of the resolution, and motions to move on to other business, are decided without debate. (C) Any appeal of a ruling by the presiding officer about how Senate rules apply to this resolution's procedure is decided without debate. (b) Meaning of "committee." Except in section 288b of this title, "committee" in this chapter includes standing, select, and special Senate committees created by law or resolution. (c) These are Senate rules. This section is adopted as an exercise of the Senate's rulemaking power and counts as part of the Senate's rules, overriding other Senate rules only where they conflict with it, while the Senate keeps its full constitutional right to change these rules at any time, the same way it changes any other rule.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 95–521, title VII, § 711, Oct. 26, 1978, 92 Stat. 1882.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-521 · 92 Stat. 1882

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.

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