79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–65 

DANIEL WEBSTER CONGRESSIONAL CLERKSHIP ACT OF 

2009 

MARCH 30, 2009.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BRADY of Pennsylvania, from the Committee on House 

Administration, submitted the following 

R E P O R T 

[To accompany H.R. 151] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on House Administration, to whom was referred the bill (H.R. 151) to establish the Daniel Webster Congressional Clerkship Program, having considered the same, report favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE LEGISLATION

H.R. 151 would create the Daniel Webster Congressional 

Clerkship Program, which would bring the most talented law 

school graduates from accredited law schools to Washington, D.C. 

to serve in the legislative branch. These law school graduates 

would be offered an opportunity to be employed as Congressional 

Clerks in the Senate or House of Representatives. This program is 

intended to facilitate the work of the Congress, to encourage talented new attorneys to immerse themselves in public service, and 

to expose them to policy formulation and the legislative process. 

BILL SUMMARY

H.R. 151 would bring to Washington, D.C. the most talented 

law school graduates of accredited law schools in the country to 

serve in the legislative branch of government. 

H.R. 151 would establish ‘‘Selection Committees,’’ comprised of 

the Senate Committee on Rules and Administration and the Committee on House Administration. The Selection Committees of each 

House would select no fewer than six law school graduates to serve 


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as Congressional Clerks for a 1-year period in their respective 

chambers. The Selection Committees would also ensure that these 

Congressional Clerks are apportioned equally between majority 

and minority offices of each chamber. 

The Congressional Clerks would receive compensation and benefits comparable to judicial clerks for the United States District 

Court for the District of Columbia. The program would be funded 

through the applicable accounts of the House of Representatives 

and the contingent fund of the Senate. Congressional Clerks would 

be subject to all laws, rules, and regulations governing other employees of the Senate and House of Representatives. 

COMMITTEE CONSIDERATION

On March 25, 2009, the Committee considered H.R. 151 and, 

by voice vote, ordered the bill reported favorably without amendment. No recorded votes were taken during the consideration of the 

bill. 

BACKGROUND AND NEED FOR H.R. 151

Judicial clerkship programs have long provided the judiciary 

with access to a pool of exceptional young lawyers at a relatively 

low cost, while providing these clerks with invaluable insight into 

the functioning of the court system. Congressional Clerkships 

would expose young lawyers to the functions and operations of the 

Federal legislature. 

The White House, many 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 parallel clerkship or fellowship programs. 

The Congress is without a similar program. 

ANALYSIS OF THE BILL

Daniel Webster Congressional Clerkship Act of 2009—Establishes 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. 

Section 1. Section 1 states the short title of the Act, the ‘‘Daniel 

Webster Congressional Clerkship Act of 2009.’’ 

Section 2. Section 2 provides the findings as they pertain to other 

judicial clerkship programs. 

Upon graduating from law school, many of the most talented law 

school graduates begin their legal careers as judicial law clerks. 

These same lawyers go on to become leaders in their respective 

professions or specialties, where they serve a critical role in helping 

to educate the public about the judiciary and the judicial process. 

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. 

Section 3. Section 3(a) requires the Senate Committee on Rules 

and Administration and the House Committee on House Administration to serve as the ‘‘Selection Committees’’. 

Section 3(b) establishes the program. 


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Section 3(c) requires each chamber’s Selection Committees to select at least six individuals to serve as employees in their respective chambers for a one-year term. 

Section 3(d) specifies the eligibility criteria for a Congressional 

Clerk, including a requirement that the candidate be a graduate of 

an accredited law school as of the starting date of the clerkship. 

Section 3(e) specifies the process for selection. 

Section 3(f) requires the Selection Committees to ensure that 

Congressional Clerks are apportioned equally between majority 

and minority. 

Section 3(g) establishes compensation parity with judicial clerkships for the U.S. District Court for the District of Columbia. 

Section 3(h) requires Congressional Clerks to conform to laws, 

regulations, and rules in the same manner and to the same extent 

as other employees of the Senate or House of Representative. 

Section 4. Section 4 specifies use of the applicable accounts of the 

House of Representatives and the use of the contingent fund of the 

Senate to support the program in fiscal year 2010 and each succeeding fiscal year. 

MATTERS REQUIRED UNDER RULES OF THE HOUSE

Constitutional authority 

Clause 3(d)(1) of House rule XIII requires each committee report 

on a public bill or joint resolution to include a statement citing the 

specific constitutional power(s) granted to the Congress on which 

the Committee relies for enactment of the measure under consideration. The Committee cites the legislative power granted to Congress in Article I, Section 8, Clause 18. 

Committee votes 

Clause 3(b) of House rule XIII requires the results of each recorded vote on an amendment or motion to report, together with 

the names of those voting for and against, to be printed in the committee report. No recorded votes were taken during the Committee’s consideration of H.R. 151. 

Congressional Budget Office estimate 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, March 27, 2009. 

Hon. ROBERT A. BRADY, Chairman, Committee on House Administration, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 151, the Daniel Webster 

Congressional Clerkship Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

ROBERT A. SUNSHINE

(for Douglas W. Elmendorf, Director). 

Enclosure. 


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H.R. 151—Daniel Webster Congressional Clerkship Act of 2009 

H.R. 151 would direct the House of Representatives and the Senate to hire a total of 12 law-school graduates as clerks for one-year 

terms. The clerks would be compensated at the same rate as clerks 

employed by the U.S. District Court for the District of Columbia. 

For this purpose, the bill would authorize the appropriation of 

whatever amounts are necessary for fiscal year 2010 and each year 

thereafter. 

Assuming the availability of appropriated funds, CBO estimates 

that carrying out H.R. 151 would cost about $1 million a year beginning in 2010. This estimate is based on the assumption that 

most of the first group of clerks would be hired near the beginning 

of that year. Based on information provided by the U.S. courts, we 

expect that each clerk would receive a salary of about $60,000 plus 

benefits. Enacting the bill would have no effect on revenues or direct spending. 

H.R. 151 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

Federal mandates 

Section 423 of the CBA requires a committee report on any public bill or joint resolution that includes a federal mandate to include 

specific information about such mandates. The Committee states 

that H.R. 151 includes no federal mandates. 

Preemption clarification 

Section 423 of the CBA requires a committee report on any public bill or joint resolution to include a committee statement on the 

extent to which the measure is intended to preempt state or local 

law. The Committee states that H.R. 151 is not intended to preempt any state or local law. 

Oversight findings 

Clause 3(c)(1) of rule XIII requires each committee report to contain oversight findings and recommendations required pursuant to 

clause 2(b)(1) of House rule X. The Committee has general oversight responsibility for administrative matters of the House of Representatives. The Committee states that the findings are contained 

in the body of the report. 

Statement of general performance goals and objectives 

Clause 3(c)(4) of House rule XIII requires committee reports to 

include a statement of general performance goals and objectives. 

The Committee states that the subject is contained in the body of 

this report. 

Congressional ‘‘earmarks’’ 

Clause 9 of House rule XXI requires committee reports on public 

bills and resolutions to contain an identification of congressional 

‘‘earmarks,’’ limited tax benefits, limited tariff benefits, and the 


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names of requesting Members. The bill contains no such items either as introduced or as reported to the House. 

Æ 


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