### §6501. Appointment of consultants by Majority Leader, Minority Leader, Secretary of Senate, and Legislative Counsel of Senate; compensation

#### (a) In general

The Majority Leader and the Minority Leader, are each authorized to appoint and fix the compensation of not more than 12 individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate. The President pro tempore of the Senate is authorized to appoint and fix the compensation of not more than three individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this subsection. The President pro tempore emeritus of the Senate is authorized to appoint and fix the compensation of one individual consultant, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this subsection. The Secretary of the Senate is authorized to appoint and fix the compensation of not more than two individual consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of the per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate. The Legislative Counsel of the Senate (subject to the approval of the President pro tempore) is authorized to appoint and fix the compensation of not more than two consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this section. The provisions of sections 8344 and 8468 of title 5 shall not apply to any individual serving in a position under this authority. Expenditures under this authority shall be paid from the contingent fund of the Senate upon vouchers approved by the President pro tempore, President pro tempore emeritus, Majority Leader, Minority Leader, Secretary of the Senate, or Legislative Counsel of the Senate, as the case may be.

#### (b) Annual compensation

Any or all appointments under this section may be at an annual rate of compensation rather than at a daily rate of compensation, but such annual rate shall not be in excess of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate.

#### (C) 1 Title of position

Each appointing authority under subsection (a) may designate the title of the position of any individual appointed under that subsection.

(Pub. L. 95–26, title I, §101, May 4, 1977, 91 Stat. 82; Pub. L. 95–94, title I, §110(a), Aug. 5, 1977, 91 Stat. 662; Pub. L. 100–458, title I, §§4, 9, Oct. 1, 1988, 102 Stat. 2161, 2162; Pub. L. 101–302, title III, §314(a), May 25, 1990, 104 Stat. 245; Pub. L. 102–90, title I, §3, Aug. 14, 1991, 105 Stat. 450; Pub. L. 104–2, Feb. 9, 1995, 109 Stat. 45; Pub. L. 105–275, title I, §4(a), (b), Oct. 21, 1998, 112 Stat. 2433; Pub. L. 107–20, title II, §2803, July 24, 2001, 115 Stat. 185; Pub. L. 107–68, title I, §101(a), Nov. 12, 2001, 115 Stat. 563; Pub. L. 108–7, div. H, title I, §6(a), Feb. 20, 2003, 117 Stat. 350; Pub. L. 111–8, div. G, title I, §2(a), Mar. 11, 2009, 123 Stat. 814; Pub. L. 118–47, div. E, title I, §102, Mar. 23, 2024, 138 Stat. 712.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 61h–6 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

Section is from the Supplemental Appropriations Act, 1977.

#### Amendments

2024—Subsec. (a). Pub. L. 118–47 substituted "12 individual consultants" for "nine individual consultants".

2009—Subsec. (a). Pub. L. 111–8 substituted "nine individual consultants" for "eight individual consultants" in first sentence and "three individual consultants" for "two individual consultants" in second sentence.

2003—Subsec. (a). Pub. L. 108–7, §6(a)(1), substituted "eight individual consultants" for "six individual consultants" in first sentence.

Subsec. (C). Pub. L. 108–7, §6(a)(2), added subsec. (C).

2001—Subsec. (a). Pub. L. 107–68 substituted "six individual consultants" for "four individual consultants" in first sentence and "not more than two individual consultants" for "one consultant" in second sentence.

Pub. L. 107–20 inserted "The President pro tempore emeritus of the Senate is authorized to appoint and fix the compensation of one individual consultant, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this subsection." after second sentence and "President pro tempore emeritus," after "President pro tempore," in last sentence.

1998—Subsec. (a). Pub. L. 105–275, §4(a), inserted after first sentence "The President pro tempore of the Senate is authorized to appoint and fix the compensation of one consultant, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this subsection." and in penultimate sentence substituted "sections 8344 and 8468" for "section 8344".

Subsec. (b). Pub. L. 105–275, §4(b), substituted "Any or all appointments under this section may be" for "The Majority Leader, and the Minority Leader, in appointing individuals to consultant positions under authority of this section, may appoint one such individual to such position".

1995—Pub. L. 104–2, which directed the general amendment of section 61h–6 of title 2, was executed by amending section 101 of Pub. L. 95–26, which is classified to section 61h–6 of title 2, to reflect the probable intent of Congress, in subsec. (a) striking out provisions regarding appointment of two consultants at daily rate of compensation by President pro tempore of Senate and increasing number of appointments by Majority Leader of Senate from two to four consultants at daily rate of compensation, and in subsec. (b) striking out provisions regarding appointment of one consultant at an annual rate of compensation by President pro tempore of Senate.

1991—Subsec. (a). Pub. L. 102–90 which directed the insertion of "The Legislative Counsel of the Senate (subject to the approval of the President pro tempore) is authorized to appoint and fix the compensation of not more than 2 consultants, on a temporary or intermittent basis, at a daily rate of compensation not in excess of that specified in the first sentence of this section." immediately after the second sentence of this section and which directed the substitution of ", Secretary of the Senate, or Legislative Counsel of the Senate, as the case may be" for "and the Secretary of the Senate, respectively" in the last sentence of this section, was executed by making the insertion and the substitution for "and Secretary of the Senate, respectively", to reflect the probable intent of Congress.

1990—Pub. L. 101–302 designated existing provisions as subsec. (a) and added subsec. (b).

1988—Pub. L. 100–458 provided for appointment, compensation, and voucher approval of two consultants by President pro tempore of Senate and increased the number of appointments by Minority Leader of Senate from two to four individuals.

1977—Pub. L. 95–94 inserted two references to Secretary of Senate.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2009 Amendment

Pub. L. 111–8, div. G, title I, §2(b), Mar. 11, 2009, 123 Stat. 815, provided that: "This section [amending this section] shall take effect on the date of enactment of this Act [Mar. 11, 2009] and shall apply to fiscal year 2009 and each fiscal year thereafter."

#### Effective Date of 2003 Amendment

Pub. L. 108–7, div. H, title I, §6(b), Feb. 20, 2003, 117 Stat. 350, provided that: "This section [amending this section] shall apply to fiscal year 2003 and each fiscal year thereafter."

#### Effective Date of 2001 Amendment

Pub. L. 107–68, title I, §101(b), Nov. 12, 2001, 115 Stat. 563, provided that: "This section [amending this section] shall apply with respect to fiscal year 2002 and each fiscal year thereafter."

#### Effective Date of 1998 Amendment

Pub. L. 105–275, title I, §4(c), Oct. 21, 1998, 112 Stat. 2433, provided that: "This section [amending this section] is effective on and after the date of enactment of this Act [Oct. 21, 1998]."

#### Effective Date of 1990 Amendment

Pub. L. 101–302, title III, §314(b), May 25, 1990, 104 Stat. 246, provided that: "The amendments made by this section [amending this section] shall be effective in the case of appointments made after the date of enactment of this Act [May 25, 1990]."

#### Effective Date of 1977 Amendment

Pub. L. 95–94, title I, §110(b), Aug. 5, 1977, 91 Stat. 662, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on August 1, 1977."

#### Consultants

Pub. L. 110–161, div. H, title I, §8, Dec. 26, 2007, 121 Stat. 2222, provided that, with respect to fiscal year 2008, the first sentence of this section shall be applied by substituting "nine individual consultants" for "eight individual consultants".

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 109–55, title I, §2, Aug. 2, 2005, 119 Stat. 568.

Pub. L. 108–447, div. G, title I, §2, Dec. 8, 2004, 118 Stat. 3169.

Pub. L. 108–83, title I, §6, Sept. 30, 2003, 117 Stat. 1013.

1 So in original. Probably should be "(c)".