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II
113th CONGRESS
1st Session
S. 1458
IN THE SENATE OF THE UNITED STATES
August 1, 2013
Mr. Hoeven (for himself
and Mr. Leahy) introduced the following
bill; which was read twice and referred to the
Committee on Rules and
Administration
A BILL
To establish the Daniel Webster Congressional Clerkship
Program.
1.
Short
title
This Act may be cited as
the Daniel Webster Congressional
Clerkship Act of 2013.
2.
Findings
Congress finds the following:
(1) Each year, many
of the most talented law school graduates in the United States 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) Congress is
without a similar program.
(6) At a time when
our Nation faces considerable challenges, 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 Congress, to improve the business of 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—
(A) any office of any
committee of the Senate, including any Joint Committee or Select and Special
Committee;
(B) any office of any
individual member of the Senate;
(C) any leadership
office of the Senate; or
(D) the Office of the
Parliamentarian of the Senate, the Office of Senate Legal Counsel, or the
Office of the Legislative Counsel of the Senate.
(2) For a
Congressional Clerk selected under subsection (c)(2), the Congressional Clerk
shall interview for a position with—
(A) any office of any
committee of the House of Representatives, including any Joint Committee or
Select and Special Committee;
(B) any office of any
individual Member of the House of Representatives;
(C) any leadership
office of the House of Representatives; or
(D) the Office of
General Counsel of the House of Representatives, the Office of the
Parliamentarian of the House of Representatives, or the Office of the
Legislative Counsel 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
Congress.
(l)
Authorization
of appropriations
There are authorized to be appropriated to
carry out this section such sums as may be necessary for fiscal year 2014 and
each of the 4 succeeding fiscal years.