2 U.S.C. § 288 — Office of Senate Legal Counsel

(a) Establishment; appointment of Counsel and Deputy Counsel; Senate approval; reappointment; compensation. (1) The Senate creates, as one of its offices, the Office of Senate Legal Counsel (the Office), headed by a Senate Legal Counsel (the Counsel). There's also a Deputy Senate Legal Counsel (the Deputy Counsel), who performs whatever duties the Counsel assigns and who serves as Acting Senate Legal Counsel whenever the Counsel is absent, unable to serve, or the position is vacant. (2) The President pro tempore of the Senate appoints the Counsel and the Deputy Counsel, each chosen from recommendations submitted by the Senate's majority and minority leaders. Appointments must ignore political affiliation and rest solely on fitness for the job. Whoever is appointed Counsel or Deputy Counsel must be learned in the law, a member of a state's or D.C.'s bar, and cannot do any other business, vocation, or job while holding the appointment. (3)(A) An appointment takes effect once the Senate approves it by resolution. The Counsel and Deputy Counsel are each appointed for a term that expires at the end of the Congress following the one in which they were appointed, except the Senate may, by resolution, remove either one before that term ends. Both may be reappointed when a term ends. (B) The first Counsel and first Deputy Counsel had to be appointed, approved, and start service within 90 days after January 3, 1979. After that, each new Counsel or Deputy Counsel must be appointed, approved, and start service within 30 days after the following Congress's session begins after a term of service ends, or within 60 days after a vacancy occurs in either position. (b) Assistant counsels and other personnel; compensation; appointment; removal. (1) The Counsel selects and sets the pay of Assistant Senate Legal Counsels and other personnel needed to carry out this chapter, within available funds, and may set their duties and responsibilities. Selections must ignore political affiliation and rest solely on fitness for the job. Anyone selected as an Assistant Counsel must be learned in the law, a member of a state's or D.C.'s bar, and cannot do any other business, vocation, or job during their term of service. The Counsel may remove anyone appointed under this paragraph. (2) For pay — other than the Counsel's and Deputy Counsel's own rates — and for employment benefits, rights, and privileges, all Office personnel are treated as Senate employees. (c) Consultants. To carry out the Office's functions, the Counsel may hire temporary (up to one year) or occasional consultants, including outside counsel, or organizations of them, the same way a standing Senate committee may hire such services under section 4301(i). (d) Policies and procedures. The Counsel may set whatever policies and procedures are necessary to carry out this chapter. (e) Delegation of duties. The Counsel may delegate authority to perform any function this chapter imposes, except the function imposed on the Counsel under section 288e(b). (f) Attorney-client relationship. The Counsel and other Office employees must maintain an attorney-client relationship over all communications between them and any Senate Member, officer, or employee.