Staff; Deputy Legislative Counsel; delegation of functions

2 U.S.C. § 282a

• Title: 2 — The Congress
• Chapter: 9 — OFFICE OF LEGISLATIVE COUNSEL
• Subchapter: II
• Part: II
• Current through: Pub. L. 119-99

Text

(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) The Legislative Counsel shall designate one or more of the attorneys appointed under subsection (a) as a Deputy Legislative Counsel. During the absence or disability of the Legislative Counsel, or when the office is vacant, the functions of the Legislative Counsel shall be performed by a Deputy Legislative Counsel. If there is more than one Deputy Legislative Counsel, the Deputy Legislative Counsel who shall perform such functions shall be determined in accordance with the order specified in a notice filed with the Speaker and the Minority Leader of the House by the Legislative Counsel.
(2) The Legislative Counsel may delegate to the Deputy Legislative Counsels and to other employees appointed under subsection (a) such of his functions as he considers necessary or appropriate.

History

(Pub. L. 91–510, title V, §522, Oct. 26, 1970, 84 Stat. 1203; Pub. L. 92–51, §101, July 9, 1971, 85 Stat. 132; Pub. L. 118–263, §2, Jan. 4, 2025, 138 Stat. 2978.)

Editorial Notes

Editorial Notes

Amendments
2025—Subsec. (b)(1). Pub. L. 118–263, §2(a), substituted "The Legislative Counsel shall designate one or more of the attorneys appointed under subsection (a) as a Deputy Legislative Counsel." for "One of the attorneys appointed under subsection (a) shall be designated by the Legislative Counsel as Deputy Legislative Counsel." and "the functions of the Legislative Counsel shall be performed by a Deputy Legislative Counsel. If there is more than one Deputy Legislative Counsel, the Deputy Legislative Counsel who shall perform such functions shall be determined in accordance with the order specified in a notice filed with the Speaker and the Minority Leader of the House by the Legislative Counsel." for "the Deputy Legislative Counsel shall perform the functions of the Legislative Counsel."
Subsec. (b)(2). Pub. L. 118–263, §2(b), substituted "Deputy Legislative Counsels" for "Deputy Legislative Counsel".
1971—Subsec. (b). Pub. L. 92–51 substituted provisions for designation of one attorney as Deputy Legislative Counsel to perform functions of Legislative Counsel during his absence or disability or when office is vacant and for delegation of functions to Deputy Legislative Counsel and other employees for former provisions for appointment of full-time Office Administrator to exercise management, supervisory, and administrative functions of the Office as delegated to him by the Legislative Counsel.