CHAPTER 9 —OFFICE OF LEGISLATIVE COUNSEL
SUBCHAPTER I—SENATE
SUBCHAPTER II—HOUSE OF REPRESENTATIVES
Part I—Purpose, Policy, and Function
Part II—Administration
Statutory Notes and Related Subsidiaries
Change of Name
Act June 2, 1924, ch. 234, §1101,
SUBCHAPTER I—SENATE
§271. Establishment
There shall be in the Senate an office to be known as the Office of the Legislative Counsel, and to be under the direction of the Legislative Counsel of the Senate.
(Feb. 24, 1919, ch. 18, title XIII, §1303(a), (d),
Editorial Notes
Codification
As originally enacted, section provided for creation of an office of the legislative counsel to be under the direction of two legislative counsels. In view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of
Statutory Notes and Related Subsidiaries
Appropriations
Act Aug. 2, 1946, ch. 753, §204,
"(1) For the fiscal year ending June 30, 1947, $150,000;
"(2) For the fiscal year ending June 30, 1948, $200,000;
"(3) For the fiscal year ending June 30, 1949, $250,000;
"(4) For the fiscal year ending June 30, 1950, $250,000; and
"(5) For each fiscal year thereafter such sums as may be necessary to carry on the work of the Office."
[Section 204 of act Aug. 2, 1946, set out above, was made effective Aug. 2, 1946, by section 245 of act Aug. 2, 1946, set out as a note under
§272. Legislative Counsel
The Legislative Counsel shall be appointed by the President pro tempore of the Senate, without reference to political affiliations and solely on the ground of fitness to perform the duties of the office.
(Feb. 24, 1919, ch. 18, title XIII, §1303(a), (d),
Editorial Notes
Codification
Provisions authorizing appointment of a legislative counsel for the House of Representatives by the Speaker were omitted in view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of
Amendments
1941—Act Sept. 20, 1941, substituted "President pro tempore of the Senate" for "President of the Senate."
§273. Compensation
The Legislative Counsel of the Senate shall be paid at an annual rate of compensation of $40,000.
(Feb. 24, 1919, ch. 18, title XIII, §1303(d), as added June 2, 1924, ch. 234, title XI, §1101,
Editorial Notes
Codification
Provisions setting forth authority for the allocation of the positions of legislative counsel to the appropriate grade in the compensation schedules of section 1112 of former Title 5 and the setting of rates of compensation thereunder by the President pro tempore of the Senate and the Speaker of the House of Representatives and prescribing the annual rate of compensation of the Legislative Counsel of the House of Representatives as an amount equal to $15,000, increased by an amount which is the same percentage of $15,000 as the percentage set forth in section 4(c) of the Federal Employees Salary Increase Act of 1955 were omitted in view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of
Amendments
2019—
1975—
1974—
1964—
1957—
1955—Act Aug. 5, 1955, increased the compensation of the Legislative Counsel of the Senate from a basic compensation of $12,000, to a gross annual compensation of $15,500, and the compensation of the Legislative Counsel of the House was increased from a basic compensation of $12,000 to an annual rate of compensation of $15,000 increased by the percentage set forth in section 4(c) of the Federal Employees Salary Increase Act of 1955.
1949—Act Oct. 15, 1949, increased the compensation of the Legislative Counsel of both House and the Senate from $10,000 to $12,000 per annum.
1941—Act Sept. 20, 1941, substituted "President pro tempore of the Senate" for "President of the Senate".
1940—Act June 18, 1940, provided that thereafter the compensation of the Legislative Counsel of the Senate shall be at the rate of $10,000 per annum so long as the present incumbent held the position.
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date of 1974 Amendment
Effective Date of 1949 Amendment
Act Oct. 15, 1949, ch. 695, §9,
Repeals
Act Mar. 10, 1928, ch. 167, §23(a),
1974 Adjustment in Compensation Not To Supersede Adjustments in Compensation or Limitations by President Pro Tempore of the Senate
Increases in Compensation
Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (
§274. Staff; office equipment and supplies
The Legislative Counsel shall, subject to the approval of the President pro tempore of the Senate, employ and fix the compensation of such Assistant Counsel, clerks, and other employees, and purchase such furniture, office equipment, books, stationery, and other supplies, as may be necessary for the proper performance of the duties of the Office and as may be appropriated for by Congress.
(Feb. 24, 1919, ch. 18, title XIII, §1303(a), (d),
Editorial Notes
Codification
As originally enacted, section also provided for legislative counsel of House of Representatives, subject to approval of Speaker, to employ and fix the compensation of assistant counsel, clerks, etc. In view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of
Amendments
1941—Act Sept. 20, 1941, substituted "President pro tempore of the Senate" for "President of the Senate".
Statutory Notes and Related Subsidiaries
Designation of Deputy Legislative Counsel
Senior Counsel
Additional Senior Counsel
Increases in Compensation of Four Senior Counsels
1974 Adjustment in Compensation Not To Supersede Adjustments in Compensation or Limitations by President Pro Tempore of the Senate
Adjustment in compensation by
Increases in Compensation
Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (
§275. Functions
The Office of the Legislative Counsel shall aid in drafting public bills and resolutions or amendments thereto on the request of any committee of the Senate but the Committee on Rules and Administration of the Senate may determine the preference, if any, to be given to such requests of the committees. The Legislative Counsel shall, from time to time, prescribe rules and regulations for the conduct of the work of the Office for the committees, subject to the approval of such Committee on Rules and Administration.
(Feb. 24, 1919, ch. 18, title XIII, §1303(b), (d),
Editorial Notes
Codification
Provisions setting forth functions of office of legislative counsel with respect to the House of Representatives and the committees thereof were omitted in view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of
Amendments
1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Library Committee of the Senate" and "Committee on House Administration" for "Library Committee of the House of Representatives".
Statutory Notes and Related Subsidiaries
Effective Date of 1946 Amendment
Act Aug. 2, 1946, ch. 753, title I, §142,
§276. Disbursement of appropriations
All appropriations for the Office of the Legislative Counsel shall be disbursed by the Secretary of the Senate.
(Feb. 24, 1919, ch. 18, title XIII, §1303(c), (d),
Editorial Notes
Codification
As originally enacted, section provided for disbursement of one-half of appropriations for office of legislative counsel by Secretary of Senate and one-half by Clerk of House of Representatives. In view of nonapplicability of section to Speaker, employee, etc., of the House of Representatives pursuant to section 531 of
§276a. Expenditures
With the approval of the President Pro Tempore of the Senate, the Legislative Counsel of the Senate may make such expenditures as may be necessary or appropriate for the functioning of the Office of the Legislative Counsel of the Senate.
(
Editorial Notes
Codification
Section was enacted as part of the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984, and not as part of section 1303 of act Feb. 24, 1919 which comprises this subchapter.
§276b. Travel and related expenses
Funds expended by the Legislative Counsel of the Senate for travel and related expenses shall be subject to the same regulations and limitations (insofar as they are applicable) as those which the Senate Committee on Rules and Administration prescribes for application to travel and related expenses for which payment is authorized to be made from the contingent fund of the Senate.
(
Editorial Notes
Codification
Section was enacted as part of the Congressional Operations Appropriation Act, 1984, which is title I of the Legislative Branch Appropriation Act, 1984, and not as part of section 1303 of act Feb. 24, 1919 which comprises this subchapter.
Section, as it relates to funds expended by the Senate Legal Counsel, is classified to
§277. Repealed. Pub. L. 93–191, §13, Dec. 18, 1973, 87 Stat. 746
Section, act Feb. 24, 1919, ch. 18, title XIII, §1303(d), as added June 2, 1924, ch. 234, title XI, §1101,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Dec. 18, 1973, see section 14 of
SUBCHAPTER II—HOUSE OF REPRESENTATIVES
Part I—Purpose, Policy, and Function
§281. Establishment
There is established in the House of Representatives an office to be known as the Office of the Legislative Counsel, referred to hereinafter in this subchapter as the "Office".
(
Statutory Notes and Related Subsidiaries
Effective Date
Subchapter effective Oct. 26, 1970, see section 601(5) of
Transfer of Functions; Nonapplicability of Sections 271 to 277 to the House
§281a. Purpose and policy
The purpose of the Office shall be to advise and assist the House of Representatives, and its committees and Members, in the achievement of a clear, faithful, and coherent expression of legislative policies. The Office shall maintain impartiality as to issues of legislative policy to be determined by the House of Representatives, and shall not advocate the adoption or rejection of any legislation except when duly requested by the Speaker or a committee to comment on a proposal directly affecting the functions of the Office. The Office shall maintain the attorney-client relationship with respect to all communications between it and any Member or committee of the House.
(
§281b. Functions
The functions of the Office shall be as follows:
(1) Upon request of the managers on the part of the House at any conference on the disagreeing votes of the two Houses, to advise and assist the managers on the part of the House in the course of the conference, and to assist the committee of conference in the preparation of the conference report and any accompanying explanatory statement.
(2) Upon request of any committee of the House, or any joint committee having authority to report legislation to the House, to advise and assist the committee in the consideration of any legislation before it, and to assist the committee in the preparation of drafts of any such legislation, amendments thereto, and reports thereon.
(3) Upon request of any Member having control of time during the consideration of any legislation by the House, to have in attendance on the floor of the House not more than two members of the staff of the Office (and, in his discretion, the Legislative Counsel) to advise and assist such Member and, to the extent feasible, any other Member, in the course of such consideration.
(4) Upon request of any Member, subject to such reasonable restrictions as the Legislative Counsel may impose with the approval of the Speaker on the proportion of the resources of the Office which may be devoted to the requests of any one Member, to prepare drafts of legislation and to furnish drafting advice with respect to drafts of legislation prepared by others.
(5) At the direction of the Speaker, to perform on behalf of the House of Representatives any legal services which are within the capabilities of the Office and the performance of which would not be inconsistent with the provisions of
(
Part II—Administration
§282. Legislative Counsel
The management, supervision, and administration of the Office are vested in the Legislative Counsel, who shall be appointed by the Speaker of the House of Representatives without 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.
(
§282a. Staff; Deputy Legislative Counsel; delegation of functions
(a) With the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker, the Legislative Counsel shall appoint 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 Legislative Counsel with the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker.
(b)(1) One of the attorneys appointed under subsection (a) shall be designated by the Legislative Counsel as Deputy Legislative Counsel. During the absence or disability of the Legislative Counsel, or when the office is vacant, the Deputy Legislative Counsel shall perform the functions of the Legislative Counsel.
(2) The Legislative Counsel may delegate to the Deputy Legislative Counsel and to other employees appointed under subsection (a) such of his functions as he considers necessary or appropriate.
(
Editorial Notes
Amendments
1971—Subsec. (b).
§282b. Compensation
(a) The Legislative Counsel shall be paid at a per annum gross rate equal to 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 Representatives pursuant to the authority of
(b) Members of the staff of the Office other than the Legislative Counsel shall be paid at per annum gross rates fixed by the Legislative Counsel with the approval of the Speaker or in accordance with policies approved by the Speaker, 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
(
Editorial Notes
Codification
Amendment by
Prior Provisions
House Resolution 312, 89th Congress, Mar. 31, 1965, which was enacted into permanent law by section 103 of
Amendments
2019—Subsec. (a).
Subsec. (b).
1977—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
"(1) the first day of the first applicable pay period beginning on or after January 1, 2020; or
"(2) the first day of the first applicable pay period beginning on or after the date of enactment of this Act [Dec. 20, 2019]."
Increases in Compensation
Increases in compensation for House officers and employees under authority of Federal Salary Act of 1967 (
§282c. Expenditures
In accordance with policies and procedures approved by the Speaker, the Legislative Counsel may make such expenditures as may be necessary or appropriate for the functioning of the Office.
(
§282d. Official mail matter
The Legislative Counsel may send the official mail matter of the Office as franked mail under
(
Editorial Notes
Amendments
1971—
§282e. Authorization of appropriations
There are authorized to be appropriated, for the fiscal year ending June 30, 1971, and for each fiscal year thereafter, such sums as may be necessary to carry out this subchapter and to increase the efficiency of the Office and the quality of the services which it provides.
(