2 U.S.C. § 288 : US Code - Section 288: Office of Senate Legal Counsel

Search 2 U.S.C. § 288 : US Code - Section 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.
(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.