§ 288. — Office of Senate Legal Counsel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC288]
TITLE 2--THE CONGRESS
CHAPTER 9D--OFFICE OF SENATE LEGAL COUNSEL
Sec. 288. Office of Senate Legal Counsel
(a) Establishment; appointment of Counsel and Deputy Counsel; Senate
approval; reappointment; compensation
(1) There is established, as an office of the Senate, the Office of
Senate Legal Counsel (hereinafter referred to as the ``Office''), which
shall be headed by a Senate Legal Counsel (hereinafter referred to as
the ``Counsel''); and there shall be a Deputy Senate Legal Counsel
(hereinafter referred to as the ``Deputy Counsel'') who shall perform
such duties as may be assigned to him by the Counsel and who, during any
absence, disability, or vacancy in the position of the Counsel, shall
serve as Acting Senate Legal Counsel.
(2) The Counsel and the Deputy Counsel each shall be appointed by
the President pro tempore of the Senate from among recommendations
submitted by the majority and minority leaders of the Senate. Any
appointment made under this paragraph shall be made without regard to
political affiliation and solely on the basis of fitness to perform the
duties of the position. Any person appointed as Counsel or Deputy
Counsel shall be learned in the law, a member of the bar of a State or
the District of Columbia, and shall not engage in any other business,
vocation, or employment during the term of such appointment.
(3)(A) Any appointment made under paragraph (2) shall become
effective upon approval by resolution of the Senate. The Counsel and the
Deputy Counsel shall each be appointed for a term of service which shall
expire at the end of the Congress following the Congress during which
the Counsel or Deputy Counsel, respectively, is appointed except that
the Senate may, by resolution, remove either the Counsel or the Deputy
Counsel prior to the termination of any term of service. The Counsel and
the Deputy Counsel may be reappointed at the termination of any term of
service.
(B) The first Counsel and the first Deputy Counsel shall be
appointed, approved, and begin service within ninety days after January
3, 1979, and thereafter the Counsel and Deputy Counsel shall be
appointed, approved, and begin service within thirty days after the
beginning of the session of the Congress immediately following the
termination of a Counsel's or Deputy Counsel's term of service or within
sixty days after a vacancy occurs in either position.
(4) The Counsel shall receive compensation at a rate equal to the
annual rate of basic pay for level III of the Executive Schedule under
section 5314 of title 5. The Deputy Counsel shall receive compensation
at a rate equal to the annual rate of basic pay for level IV of the
Executive Schedule under section 5315 of title 5.
(b) Assistant counsels and other personnel; compensation; appointment;
removal
(1) The Counsel shall select and fix the compensation of such
Assistant Senate Legal Counsels (hereinafter referred to as ``Assistant
Counsels'') and of such other personnel, within the limits of available
funds, as may be necessary to carry out the provisions of this chapter
and may prescribe the duties and responsibilities of such personnel. The
compensation fixed for each Assistant Counsel shall not be in excess of
a rate equal to the annual rate of basic pay for level V of the
Executive Schedule under section 5316 of title 5. Any selection made
under this paragraph shall be made without regard to political
affiliation and solely on the basis of fitness to perform the duties of
the position. Any individual selected as an Assistant Counsel shall be
learned in the law, a member of the bar of a State or the District of
Columbia, and shall not engage in any other business, vocation, or
employment during his term of service. The Counsel may remove any
individual appointed under this paragraph.
(2) For purposes of pay (other than the rate of pay of the Counsel
and Deputy Counsel) and employment benefits, right, and privileges, all
personnel of the Office shall be treated as employees of the Senate.
(c) Consultants
In carrying out the functions of the Office, the Counsel may procure
the temporary (not to exceed one year) or intermittent services of
individual consultants (including outside counsel), or organizations
thereof, in the same manner and under the same conditions as a standing
committee of the Senate may procure such services under section 72a(i)
of this title.
(d) Policies and procedures
The Counsel may establish such policies and procedures as may be
necessary to carry out the provisions of this chapter.
(e) Delegation of duties
The counsel \1\ may delegate authority for the performance of any
function imposed by this chapter except any function imposed upon the
Counsel under section 288e(b) of this title.
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\1\ So in original. Probably should be capitalized.
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(f) Attorney-client relationship
The Counsel and other employees of the Office shall maintain the
attorney-client relationship with respect to all communications between
them and any Member, officer, or employee of the Senate.
(Pub. L. 95-521, title VII, Sec. 701, Oct. 26, 1978, 92 Stat. 1875.)
References in Text
This chapter, referred to in subsecs. (b)(1), (d), and (e), was in
the original ``this title'', meaning title VII of Pub. L. 95-521, which
enacted this chapter, section 118a of this title, and section 1364 of
Title 28, Judiciary and Judicial Procedure, and amended sections 3210,
3216, and 3219 of Title 39, Postal Service. For complete classification
of title VII to the Code, see Tables.
Effective Date
Section 717 of title VII of Pub. L. 95-521 provided that: ``This
title [enacting this chapter, section 118a of this title, section 1364
of Title 28, Judiciary and Judicial Procedure, amending sections 3210,
3216, and 3219 of Title 39, Postal Service, and enacting provisions set
out as notes under this section] shall take effect on January 3, 1979.''
Separability
Section 715 of title VII of Pub. L. 95-521 provided that: ``If any
part of this title or any amendment made by this title [enacting this
chapter, section 118a of this title, section 1364 of Title 28, Judiciary
and Judicial Procedure, amending sections 3210, 3216, and 3219 of Title
39, Postal Service, and enacting provisions set out as notes under this
section] is held invalid, the remainder of the title and any amendment
made by this title shall not be affected thereby. If any provision of
any part of this title or of any amendment made by this title, or the
application thereof to any person or circumstance is held invalid, the
provisions of other parts and of any amendment made by this title and
their application to other persons or circumstances shall not be
affected thereby.''
Increases in Compensation
Increases in compensation for Senate officers and employees under
authority of Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see
Salary Directives of President pro tempore of the Senate, set out as
notes under section 60a-1 of this title.
