US Code

Public Law 119-73 (01/23/2026)

2 U.S.C. § 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 , 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.
(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. 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

section 4301(i) of this titleIn 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 .

(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

1

1 So in original. Probably should be capitalized.
section 288e(b) of this titleThe counsel  may delegate authority for the performance of any function imposed by this chapter except any function imposed upon the Counsel under .

(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, § 70192 Stat. 1875Pub. L. 116–94, div. E, title II, § 212(a)(3)(I)133 Stat. 2776(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 95–521section 5504 of this titlesection 1364 of Title 28This chapter, referred to in subsecs. (b)(1), (d), and (e), was in the original “this title”, meaning title VII of , which enacted this chapter, , and , 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.

Amendments

Pub. L. 116–94, § 212(a)(3)(I)(i)section 5314 of title 5section 5315 of title 52019—Subsec. (a)(4). , struck out par. (4) which read as follows: “The Counsel shall receive compensation at a rate equal to the annual rate of basic pay for level III of the Executive Schedule under . 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 .”

Pub. L. 116–94, § 212(a)(3)(I)(ii)section 5316 of title 5Subsec. (b)(1). , struck out “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 .” before “Any selection”.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–94section 212(c) of Pub. L. 116–94section 282b of this titleAmendment by effective on the later of the first day of the first applicable pay period beginning on or after , or the first day of the first applicable pay period beginning on or after , see , set out as a note under .

Effective Date

Pub. L. 95–521, title VII, § 71792 Stat. 1885

section 5504 of this titlesection 1364 of Title 28“This title [enacting this chapter, , , 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 .”
, , , provided that:

Separability

Pub. L. 95–521, title VII, § 71592 Stat. 1884

section 5504 of this titlesection 1364 of Title 28“If any part of this title or any amendment made by this title [enacting this chapter, , , 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.”
, , , provided that:

Increases in Compensation

Pub. L. 91–656section 4571 of this titleIncreases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (), see Salary Directives of President pro tempore of the Senate, set out as notes under .