Ka Wai Ola - Office of Hawaiian Affairs, Volume 6, Number 11, 1 Nowemapa 1989 — Mai Wakinekona [ARTICLE+ILLUSTRATION]

Mai Wakinekona

By Paul Alexander Washington, D.C. Counsel for OHA

Taking a bill through the committee process

As a follow up to the August congressional oversight hearing, last month's eolumn began an overview of the legislative process. This month's eolumn continues this overview, focusing on the development of a bill. A bill is the working draft of a law that has been formally introduced in Congress. Bills are written by many different people: individual members of Congress; staffers in member offices, committee staffers; federal agencies, individual citizens, lawyers, lobbyists, trade associations, etc. However, only a member of Congress ean introduce a bill. Even the president cannot directly introduce a bill and must request a member of Congress to introduce a bill on his behalf. When a congressman or congresswoman, or senator introduces a bill by request, that bill does not always

carry with it the individual member's personal support. The member who introduces a bill is referred to as the bill's sponsor. Regardless of how a bill begins, it is unlikely to be introduced (except by request) without extensive participation of the sponsor and his or her staff. This pre-introduction process often involves legal and factual research and consultation with the various groups affected by, or interested in, the bill. To aid them in this process, both the Senate and the House have separate legislative eounsels who provide technical drafting assistance. Congress ean avail itself of the services of the Congressional Research Service, the General Aecounting Office, and Office of Technology Assessment, all of whom have a research or auditing function. Two important considerations, before introducing a bill, are co-sponsors and the committees the bill will be referred to. Although co-sponsors ean sign onto a bill up to the moment of its passage, it is often important to have pertinent co-sponsors on a bill when it is introduced. If every member of Congress signs on a bill it is fairly certain that that bill will pass. That is not the usual case. Usually the prime sponsor(s) seek co-sponsors who are pertinent to the bill. lf a bill is of nahonal consequence primary eosponsors are sought among key members of the relevant committees and sub-committees, and members who are recognized as experts in the area. If a bill related only to a state, it is important to have as many of the states' congressional delegation for co-sponsors as possible. Sometimes the prime sponsor will send out a "dear colleague" letter to other members explaining the proposed bill and soliciting their eosponsorship. Advocates for the bill may write to, and meet with, potential co-sponsors to encourage their support. Another aspect to focus on, before a bill is introduced, is the technical way it is drafted. Small differences ean decide whieh committee(s) receives the bill onee it is introduced. The parliamentarians of the House and the Senate determine whieh committee(s) will have jurisdiction over any bill. This decision ean have extremely serious eonsequences on the chances of a bil!'s passage.

Generally speaking, the Senate follows a single committee of jurisdiction referral system. The House of Representatives on the other hand follows a multiple-committee referral system. In order to pass, a bill usually must be acted on byall the committees to whieh it is referred. Also, if any bill authorizes the spending of federal funds, an effort will have to be made to assure that the expenditures do not violate various congressional budget limitations. A bill in the Senate may or may not have a eompanion bill in the House of Representatives or viceversa. In order to become law the identical bill must pass both the Senate and the House and not be vetoed by the president. To be continued