H.R. 151

Daniel Webster Congressional Clerkship Act of 2009

Latest

IIB

111th CONGRESS

1st Session

H. R. 151

IN THE SENATE OF THE UNITED STATES

April 1, 2009

Received; read twice and referred to the Committee on Rules and Administration

AN ACT

To establish the Daniel Webster Congressional Clerkship Program.

1.

Short title

This Act may be cited as the Daniel Webster Congressional Clerkship Act of 2009.

2.

Findings

Congress finds the following:

(1)

Each year, many of the most talented law school graduates in the country begin their legal careers as judicial law clerks.

(2)

The judicial clerkship program has given the judiciary access to a pool of exceptional young lawyers at a relatively low cost.

(3)

These same lawyers then go on to become leaders of their profession, where they serve a critical role in helping to educate the public about the judiciary and the judicial process.

(4)

The White House, the administrative agencies of the Executive Branch, the Administrative Office of the United States Courts, the Federal Judicial Center, and the United States Sentencing Commission, all operate analogous programs for talented young professionals at the outset of their careers.

(5)

The Congress is without a similar program.

(6)

At a time when our Nation faces considerable challenges, the Congress and the public would benefit immeasurably from a program, modeled after the judicial clerkship program, that engages the brightest young lawyers in the Nation in the legislative process.

(7)

Accordingly, the Congress herein creates the Daniel Webster Congressional Clerkship Program, named after one of the most admired and distinguished lawyer-legislators ever to serve in the Congress, to improve the business of the Congress and increase the understanding of its work by the public.

3.

Daniel Webster Congressional Clerkship program

(a)

Selection Committees

As used in this Act, the term Selection Committees means—

(1)

the Committee on Rules and Administration of the Senate; and

(2)

the Committee on House Administration of the House of Representatives.

(b)

Establishment of Program

There is hereby established the Daniel Webster Congressional Clerkship Program for the appointment of individuals who are graduates of accredited law schools to serve as Congressional Clerks in the Senate or House of Representatives.

(c)

Selection of clerks

Subject to the availability of appropriations, the Selection Committees shall select Congressional Clerks in the following manner:

(1)

The Committee on Rules and Administration of the Senate shall select not less than 6 Congressional Clerks each year to serve as employees of the Senate for a 1-year period.

(2)

The Committee on House Administration of the House of Representatives shall select not less than 6 Congressional Clerks each year to serve as employees of the House of Representatives for a 1-year period.

(d)

Selection criteria

In carrying out subsection (c), the Selection Committees shall select Congressional Clerks consistent with the following criteria:

(1)

Each Congressional Clerk selected shall be a graduate of an accredited law school as of the starting date of his or her clerkship.

(2)

Each Congressional Clerk selected shall possess—

(A)

an excellent academic record;

(B)

a strong record of achievement in extracurricular activities;

(C)

a demonstrated commitment to public service; and

(D)

outstanding analytic, writing, and oral communication skills.

(e)

Process

After a Congressional Clerk is selected under this section, such Congressional Clerk shall then interview for a position in an office as follows:

(1)

For a Congressional Clerk selected under subsection (c)(1), the Congressional Clerk shall interview for a position with any office of any Committee of the Senate, including any Joint Committee or Select and Special Committee, or any office of any individual member of the Senate.

(2)

For a Congressional Clerk selected under subsection (c)(2), the Congressional Clerk shall interview for a position with any office of any Committee of the House of Representatives, including any Joint Committee or Select and Special Committee, or any office of any individual Member of the House of Representatives.

(f)

Placement requirements

The Selection Committees shall ensure that Congressional Clerks selected under this section are apportioned equally between majority party and minority party offices.

(g)

Compensation of Congressional clerks

Each Congressional Clerk selected under this section shall receive the same compensation as would, and comparable benefits to, an individual who holds the position of a judicial clerkship for the United States District Court for the District of Columbia within 3 months of graduating from law school.

(h)

Required adherence to rules

Each Congressional Clerk selected under this section shall be subject to all laws, regulations, and rules in the same manner and to the same extent as any other employee of the Senate or House of Representatives.

(i)

Exclusion from limit on number of positions

A Congressional Clerk shall be excluded in determining the number of employees of the office that employs the Clerk for purposes of—

(1)

in the case of the office of a Member of the House of Representatives, section 104 of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 92); or

(2)

in the case of any other office, any applicable provision of law or any rule or regulation which imposes a limit on the number of employees of the office.

(j)

Rules

The Selection Committees shall develop and promulgate rules regarding the administration of the Congressional Clerkship program established under this section.

(k)

Member Defined

In this section, the term Member of the House of Representatives includes a Delegate or Resident Commissioner to the Congress.

4.

Authorization of appropriations

There are authorized to be appropriated for fiscal year 2010 and each succeeding fiscal year from the applicable accounts of the House of Representatives and the contingent fund of the Senate such sums as necessary to carry out the provisions of this Act.

Passed the House of Representatives March 31, 2009.

Lorraine C. Miller,

Clerk