Overview of the Legislative Process (Congress 101)

1. Overview of the Legislative Process (Congress 101) Academy of General Dentistry “A Great Dentist Goes to Washington” Annual Government Relations Conference April 19, 2010 This slide show is a visual aid to accompany an oral presentation; for a written overview of procedure in the House and Senate, please see the “How Congress Works” link athttp://www.rules.house.gov/.

2. The Legislative Process Measure introduced in the House Measure introduced in the Senate Measure referred to committee which holds hearings and reports measure to the House Measure referred to committee which holds hearings and reports measure to the Senate For major measures, special rule reported by the Rules Committee and adopted by the House Or Leadership schedules measure for floor consideration Leadership schedules measure for floor consideration House debates and can amend measure Senate debates and can amend measure Senate passes measure House passes measure All measures must pass both chambers in identical form before being presented to the President Conference committee House and Senate exchange amendments to bill and reach agreement Or Or One chamber agrees to the other chamber’s version Conference report approved in Senate Conference report approved in House Legislation presented to the President

3. Congressional Budget Procedures Framework Budget resolution (NOT a law) President’s budget (NOT a law) Discretionary spending (Appropriations) Mandatory Spending (Includes entitlement programs such as Social Security and Medicare) Revenues (House Ways & Means and Senate Finance) Reconciliation legislation (Optional) (Considered under expedited procedures) Authorizations of appropriations (In practice, many appropriations made without authorizations)

4. Committee Jurisdiction • Committees consider legislation that falls under their jurisdiction • Jurisdiction is generally defined for the standing committees by Senate Rule XXV and House Rule X • More precise jurisdictional boundaries have been determined by precedent

5. House Referral • Speaker is to refer a measure to each standing committee that has jurisdiction over the subject matter of any provision(s), to the maximum extent feasible

6. Senate Referral • Measures are normally sent to a single committee that has jurisdiction over the “subject matter that predominates” • Notable exception are bills with tax provisions which are referred to the Finance Committee

7. Committee Hearings • Formal method by which committees collect and analyze information, often in the early stages of policy making

8. Committee Markup • Meetings at which committee Members propose and vote on amendments to a bill (or the draft of a bill)

9. Markup: Vehicle and Amendment • Selecting the text: • Introduced measure that was referred to the committee • Sometimes chair offers committee substitute • Draft of a bill that has not been formally introduced (called “discussion draft,” “staff draft,” or “chair’s mark”) • Amending: • House: section-by-section, 5 minute rule • Senate: open to amendment at any point

10. Markup: Reporting • A majority of committee must be present when committee votes to order a measure reported • A committee has several options for the form in which a measure is ordered reported: • Without amendment • With the amendments adopted in markup to various sections of the measure • With one amendment in the nature of a substitute • An original bill that embodies a text decided upon in markup

11. Reports • Reports not required in the Senate, but many reported bills accompanied by report • Reports are required in the House • Opportunity to submit other views • Rules require certain contents

12. Legislative Process on the House Floor

13. Common Ways to Consider Measures Note: Percentage of House and Senate measures called up for consideration under each set of procedures in the 110th Congress; excludes resolutions providing for the consideration of other measures. Source: Legislative Information System (LIS)

14. Elements of the Suspension Procedure • On Mondays, Tuesdays, Wednesdays, and at the end of a session • At the discretion of the Speaker • No more than forty minutes of debate • No floor amendments in order • Two-thirds vote for passage • Recorded votes may be postponed and clustered

15. Thomas Brackett Reed Speaker of the House 1889-1891 and 1895-1899

16. Rules Committee Rules Committee • Rules Committee gives notice asking Members to submit amendments • Committee holds hearing where only Members testify • Rules Committee meets to markup and vote to report out a special rule (H.Res.#)

17. Consideration of Special Rule • Special rules are considered in the House under the hour rule • In practice, the hour rule usually means that the matter is debated for no more than a total of one hour • The previous question motion asks if the House is ready to vote on passing the measure

18. Committee of the Whole • The Committee of the Whole can be understood as the assembly in a different form; it is a committee of the House composed of every Representative • Most major measures are considered in Committee of the Whole • General debate • Amendment process

19. Motion to Recommit • In effect, the motion to recommit with instructions to report back “forthwith” provides one last opportunity for a Member, almost always from the minority party, to offer an amendment to the measure

20. Legislative Process on the Senate Floor

21. Key Features of Senate Procedure • The rules normally permit Senators to speak for as long as they wish • There is no rule that permits a majority of the Senate to end a debate whenever it is ready to vote for a bill or other matter • Except when the Senate is considering appropriations, budget, and certain other measures, Senators may propose floor amendments that are not germane to the subject or purpose of the bill being debated

22. Senate Floor Scheduling • Whenever possible, bills reach the floor not by motion but by unanimous consent • Majority Leader could make a motion to proceed to consider a specific bill • The motion to proceed is generally debatable under the regular rules of the Senate • If Senators withhold their consent, or place a hold on a bill, they are implicitly threatening extended debate on the question of considering the bill

23. Invoking Cloture in the Senate • Must be filed on a pending question • At least 16 Senators sign the motion • Amendments must be filed before the vote • Vote two days of session later • 3/5 of Senators chosen and sworn required (usually 60) EXCEPT on a rules change, 2/3 of Senators present

24. Cloture: Key Effects on Senate Proceedings • 30-hour time cap on consideration • Only pre-filed amendments in order • No non-germane amendments • Need unanimous consent to move to any other business

25. Complex Unanimous Consent Agreements • General purpose: to expedite floor operations while protecting the rights of all Senators • Provides procedural guidelines to govern consideration of legislation or matter • The responsibility for negotiating unanimous consent requests falls primarily on the Majority and Minority Leaders and the leaders of the committee that reported the bill • Negotiations sometimes take place on the floor and on the public record, but at least the preliminary discussions and consultations usually occur in meetings during quorum calls or off the floor

26. Selection of Vehicle and “Hookup” • Constitution requires that the House and Senate pass the same measure in precisely the same form before it can be presented to the President • At some point, House has to act on Senate bill, or Senate has to act on House bill

27. Methods of Resolution • When possible, the House and Senate will resolve their differences informally • Two formal methods of resolution: • Amendments between the houses: the two houses shuttle a measure back and forth between them in the hope that they will agree to the same version of the measure • Conference committee: panel of members, called conferees or managers, representing each house that attempt to negotiate a version of a measure acceptable to both chambers

28. Resolving Differences on Measures that Became Law 110th Congress (2007-2008) 109th Congress (2005-2006) 109th Congress (2005-2006)