Thoughts on Senate Legislative Counsel

The U.S. House of Representatives and Senate each have their own office of Legislative Counsel to assist Members and staff with the preparation and review of legislation throughout the legislative process. As a staffer, it is important to understand what services these offices can provide and how to make effective requests. It is also beneficial to build relationships with individual Legislative Counsel attorney staff members, particularly if you serve on a committee of jurisdiction or have a principal who is very active in one or more issue areas.

As the House and Senate Legislative Counsel websites differ significantly, I thought it might be helpful to address their advice separately. Today, I am going to focus on the Office of the Senate Legislative Counsel (SLC). You can view their website at www.slc.senate.gov.

?The SLC website makes it clear that the Office serves the “committees, Members and staff of the Senate, without regard to political party or consideration.” It also expressly states that all related communications are confidential. Additionally, the SLC states that it “plays no part in the formulation of legislative policy” and that its only concern is to be able to understand the request well enough to “draft a measure that is technically effective to carry out the policy of our Senate clients.”

?The SLC website lays out the priority for requests that has been established by the Senate Rules Committee as follows:

1.????? Measures in conference.

2.????? Amendments to measures pending on the floor of the Senate.

3.????? Amendments to measures pending before committees.

4.????? Preparation of original measures for introduction by Members of the Senate.

?Importantly, the SLC makes it clear that “[w]ithin each category, the Office gives preference to requests in the order of the time of receipt.” Thus, it is very clear that the earlier you can make a request, the better. This in turn of course means that it is important to try to anticipate what the committee and floor schedules will be and what amendments your boss might have. In some instances, past history can be helpful in terms of committee and floor schedules. As for amendments, you can look at past Senate committee markups, any relevant House markups, past floor amendments, and standalone bills – in the House and Senate - for ideas and possibilities.

As for the actual services it provides, the SLC states they include:

1.????? Drafting original measures for introduction;

2.????? Reviewing drafts of legislation prepared by executive agencies and making technical revisions as necessary;

3.????? Preparing measures for committees and subcommittees who are marking up legislation, or preparing original measures, and preparing reported measures for Senate floor action;

4.????? Preparing floor amendments for measures; and

5.????? Preparing conference reports.

As the SLC provides these services, it inevitably encounters and consults with and assists Senate clients with a variety of issues that include substantive, legal, administrative, budgetary, and parliamentary questions, and alternative solutions.

On its website, the SLC provides guidance on requesting assistance. It makes it very clear that its services are limited only to Members of the Senate and their staff. Members of the general public should and must contact their own individual Senators.

Senators and their staff may make requests of the SLC through email (“Receptionist” in the Senate global address list), letter, telephone (x46461), fax, or by visiting Dirksen 668. The SLC suggests that requests provide a clear and complete statement of the problem and underlying policy. It also suggests that requests include the name and number of a staff member who can respond to SLC questions and that individuals making requests call or mail before visiting to ensure there is an appropriate staff attorney available. Additionally, the SLC asks that those making requests clearly identify a reasonable deadline.

The SLC also notes that legislative drafting is a difficult occupation that has become increasingly difficult and time consuming as the subjects of federal legislation have grown in number and complexity. Consequently, effective drafting can take time; I can readily attest to this fact as I once worked with Legislative Counsel and committee staff to develop over thirty drafts of a bill. Needless to say, it is important to be as engaged and helpful as possible to the SLC attorney who is working to assist you and your principal. It is also important to be patient.

During my career, I found it helpful to try to provide Legislative Counsel with a draft bill and/or a memo explaining what my boss and I were trying to accomplish. By doing so, it forced me to think through the process and to identify some issues and questions for Legislative Counsel. I started with simple measures, like resolutions and single subject bills, and gradually ventured into some fairly complex bills. While it may not always be an option, I encourage you to give it a try sometime under the appropriate circumstances. At a minimum, I encourage you to provide Legislative Counsel with request memos that are thorough and clearly identify the problem the legislation is intended to address. In any event, it is a great privilege to have the opportunity to craft legislative measures so “Make it matter.”