PERSPECTIVE FROM THE 19TH HOLE: This is the title I chose for my personal blog, which is meant to give me an outlet for one of my favorite crafts – writing – plus to use an image from my favorite sport, golf. Out of college, my first job was as a reporter for the Daily Astorian in Astoria, Oregon, and I went on from there to practice writing in all of my professional positions, including as press secretary in Washington, D.C. for a Democrat Congressman from Oregon (Les AuCoin), as an Oregon state government manager in Salem and Portland, as press secretary for Oregon’s last Republican governor (Vic Atiyeh), and as a private sector lobbyist. This blog also allows me to link another favorite pastime – politics and the art of developing public policy – to what I write. I could have called this blog “Middle Ground,” for that is what I long for in both politics and golf. The middle ground is often where the best public policy decisions lie. And it is where you want to be on a golf course.
In a major Washington Post story on the still-emerging coronavirus relief legislation, one sentence caught my eye.
It was this:
“It may take some more time for congressional staff members to draft those agreements into legislative text and prepare the massive bill for votes in the House and Senate.”
The headline in this blog – Small Details – understates one of the major realities as lawmakers in Congress, in Oregon, or in any other state work to craft legislation.
Someone has to translate the action into specific law. That means words, lots of them.
Under significant time pressure, as is the case with the virus relief bill as citizens around the country try to make ends meet in an unprecedented pandemic, a lot rides on getting the words right.
I watched all of this happen in Oregon where, as the intro to this blog notes, I worked in and around government for 40 years.
Every time a piece of legislation passed at the State Capitol in Oregon, it was proceeded by preparation of a draft by members of the Legislative Counsel’s Office, a group of lawyers who functioned much like a firm in private practice.
If a client I represented wanted to get a bill drafted, I, the lobbyist, had to stand on my head to get the job done – and, no problem with that flexibility in the reality of lawmaking. First, I had to get what was called “a note from mother,” a piece of paper from a legislator, with his or her signature, authorizing me to go to the Legislative Counsel office with a bill-drafting request.
Remember, the Counsel Office represented legislators, not me.
Then, a draft was produced and was printed into specific bill form. On certain occasions, I had a chance to comment on the draft – but only that. The specific words where those of the assigned lawyer.
If legislators acted on a bill and approved amendments, that revised bill also would have to be re-drafted by the Counsel Office. And, overall in any Oregon legislative session, more than 5,000 bills are drafted, though a relatively small proportion of them become law.
So, with that brief background, imagine the pressure congressional bill drafters are under at this very moment. They have to draft specific language:
- To direct hundreds of billions of dollars in aid to jobless Americans, ailing businesses and other critical economic needs that have grown as the pandemic ravages the country and batters the economy.
- To enable stimulus checks to be prepared for millions of Americans of up to $600 per person.
- To extend federal unemployment benefits of up to $300 per week, which could start as early as Dec. 27.
- To extend the deadline for states and cities to use unspent money approved for them by the Cares Act,
- To extend for one month a moratorium on evictions that is set to expire at the end of the year.
- To provide $325 billion in business relief, including about $275 billion for another round of Paycheck Protection Program funding.
- To protect patients from “surprise” medical bills (and, to use the word “surprise,” a surprise inclusion in the relief bill).
All of helps, I guess, to provide some context for what happened several years ago in the U.S. House of Representatives when even House Speaker Nancy Pelosi admitted that she had not read the bill inaugurating the “Affordable Health Care Act” before she voted to approve it.
It was possible that the draft bill was only circulated a few moments before the vote – not good process, but, at that point and still today, health care coverage is a major issue.
So, finally, just know that when the Oregon Legislature, Congress or other legislative bodies pass their bills, folks behind the scenes are working hard, out of the spotlight, to get the words right. Given what’s at stake these days, here’s hoping they are successful.