2 U.S.C. § 287c — Compensation

Page 123 TITLE 2—THE CONGRESS § 287c Editorial Notes CODIFICATION Section is based on section 1 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which was en- acted into permanent law by Pub. L. 95–94. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 6 of House Resolution No. 502, Apr. 20, 1977, as enacted into permanent law by section 115 of Pub. L. 95–94, provided that: ‘‘This resolution [this chapter] shall take effect as of March 1, 1977, and shall continue in effect until otherwise provided by law.’’ § 287a. Parliamentarian The management, supervision, and adminis- tration of the Office shall be vested in the Par- liamentarian, who shall be appointed by the Speaker of the House of Representatives with- out regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed shall serve at the pleasure of the Speaker. (Pub. L. 95–94, title I, § 115, Aug. 5, 1977, 91 Stat. 668.) Editorial Notes CODIFICATION Section is based on section 2 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which was en- acted into permanent law by Pub. L. 95–94. § 287b. Staff; Deputy Parliamentarian; delegation of functions (a) With the approval of the Speaker, or in ac- cordance with policies and procedures approved by the Speaker, the Parliamentarian shall ap- point such attorneys and other employees as may be necessary for the prompt and efficient performance of the functions of the Office. Any such appointment shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any person so appointed may be removed by the Parliamentarian with the approval of the Speaker, or in accordance with policies and pro- cedures approved by the Speaker. (b)(1) One of the attorneys appointed under subsection (a) of this section shall be designated by the Parliamentarian as Deputy Parliamen- tarian. During the absence or disability of the Parliamentarian, or when the office is vacant, the Deputy Parliamentarian shall perform the functions of the Parliamentarian. (2) The Parliamentarian may delegate to the Deputy Parliamentarian and to other employees appointed under subsection (a) of this section such of the functions of the Parliamentarian as the Parliamentarian considers necessary or ap- propriate. (Pub. L. 95–94, title I, § 115, Aug. 5, 1977, 91 Stat. 668.) Editorial Notes CODIFICATION Section is based on section 3 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which was en- acted into permanent law by Pub. L. 95–94. § 287c. Compensation (a) The Parliamentarian shall be paid at a per annum gross rate established by the Speaker but not in excess of the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Rep- resentatives pursuant to the authority of sec- tion 4532 of this title. (b) Members of the staff of the Office other than the Parliamentarian shall be paid at per annum gross rates fixed by the Parliamentarian with the approval of the Speaker or in accord- ance with policies approved by the Speaker but not in excess of the applicable rate of pay in ef- fect under an order issued by the Speaker of the House of Representatives pursuant to the au- thority of section 4532 of this title. (Pub. L. 95–94, title I, § 115, Aug. 5, 1977, 91 Stat. 668; Pub. L. 116–94, div. E, title II, § 212(b)(3)(C), Dec. 20, 2019, 133 Stat. 2777.) Editorial Notes CODIFICATION Section is based on section 4 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which was en- acted into permanent law by Pub. L. 95–94. PRIOR PROVISIONS House Resolution No. 904, Eighty-eighth Congress, Oct. 3, 1964, provided: ‘‘That effective January 1, 1965, the salary of the Parliamentarian of the House of Rep- resentatives shall be at the gross rate of $28,500. The ad- ditional sums necessary to carry out this resolution shall be paid out of the contingent fund of the House until otherwise provided by law.’’ AMENDMENTS 2019—Subsec. (a). Pub. L. 116–94, § 212(b)(3)(C)(i), sub- stituted ‘‘but not in excess of the greater of $173,900 or the rate of pay in effect for such position under an order issued by the Speaker of the House of Representa- tives pursuant to the authority of section 4532 of this title.’’ for ‘‘but not in excess of the rate of basic pay de- termined from time to time under subsection (b) of sec- tion 3 of the Speaker’s salary directive of June 11, 1968.’’ Subsec. (b). Pub. L. 116–94, § 212(b)(3)(C)(ii), sub- stituted ‘‘but not in excess of the applicable rate of pay in effect under an order issued by the Speaker of the House of Representatives pursuant to the authority of section 4532 of this title’’ for ‘‘, but not in excess of the rate of basic pay set forth in subsection (a) of this sec- tion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period begin- ning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title. INCREASES IN COMPENSATION Increases in compensation for House officers and em- ployees under authority of Federal Salary Act of 1967 (Pub. L. 90–206), Federal Pay Comparability Act of 1970 (Pub. L. 91–656), and Legislative Branch Appropriations Act, 1988 (Pub. L. 100–202), see sections 4531 and 4532 of this title, and Salary Directives of Speaker of the House, set out as notes under those sections. Page 124 TITLE 2—THE CONGRESS § 287d 1 So in original. Probably should be capitalized. § 287d. Expenditures In accordance with policies and procedures ap- proved by the Speaker, the Parliamentarian may make such expenditures as may be nec- essary or appropriate for the functioning of the Office. (Pub. L. 95–94, title I, § 115, Aug. 5, 1977, 91 Stat. 668.) Editorial Notes CODIFICATION Section is based on section 5 of House Resolution No. 502, Ninety-fifth Congress, Apr. 20, 1977, which was en- acted into permanent law by Pub. L. 95–94. CHAPTER 9D—OFFICE OF SENATE LEGAL COUNSEL Sec. 288. Office of Senate Legal Counsel. 288a. Senate Joint Leadership Group. 288b. Requirements for authorizing representation activity. 288c. Defending the Senate, committee, sub- committee, member, officer, or employee of Senate. 288d. Enforcement of Senate subpena or order. 288e. Intervention or appearance. 288f. Immunity proceedings. 288g. Advisory and other functions. 288h. Defense of certain constitutional powers. 288i. Representation conflict or inconsistency. 288j. Consideration of resolutions to direct coun- sel. 288k. Attorney General relieved of responsibility. 288l. Procedural provisions. 288m. Contingent fund. 288n. Travel and related expenses. § 288. Office of Senate Legal Counsel (a) Establishment; appointment of Counsel and Deputy Counsel; Senate approval; reappoint- ment; 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 (here- inafter referred to as the ‘‘Counsel’’); and there shall be a Deputy Senate Legal Counsel (herein- after referred to as the ‘‘Deputy Counsel’’) who shall perform such duties as may be assigned to him by the Counsel and who, during any ab- sence, 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 polit- ical affiliation and solely on the basis of fitness to perform the duties of the position. Any per- son 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 appoint- ment. (3)(A) Any appointment made under paragraph (2) shall become effective upon approval by reso- lution of the Senate. The Counsel and the Dep- uty 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 reso- lution, 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 Coun- sel’s term of service or within sixty days after a vacancy occurs in either position. (b) Assistant counsels and other personnel; com- pensation; appointment; removal (1) The Counsel shall select and fix the com- pensation of such Assistant Senate Legal Coun- sels (hereinafter referred to as ‘‘Assistant Coun- sels’’) 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. Any selection made under this para- graph shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Any indi- vidual 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 em- ployment during his term of service. The Coun- sel 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 em- ployment benefits, right, and privileges, all per- sonnel of the Office shall be treated as employ- ees of the Senate. (c) Consultants In carrying out the functions of the Office, the Counsel may procure the temporary (not to ex- ceed one year) or intermittent services of indi- vidual 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 serv- ices under section 4301(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