The Federal Legislative Process The Basics Mr. Ognibene-SHS AP Government

1. The Federal Legislative Process The Basics Mr. Ognibene-SHS AP Government

2. Learn the Basics of the Federal Legislative Process Understand How a Bill Becomes a Law Understand the Committee Structure and the Role in the Legislative Process Learn about Federal Agencies and the Regulatory Process Learn How to Obtain Congressional Documents Understanding the Federal Legislative ProcessGoals and Objectives

3. The Federal Legislative Process Congress 535 Members of Congress Senate 100 Members Addressed As :Senator House of Representatives 435 Members Addressed As :Congressman/womanRepresentativeMr./Ms.

4. The Federal Legislative Process General Facts Regarding Congress • Lasts for two years • Commences in January of the year following the biennial election of Members • Divided into two sessions

5. Larger (435) Elected every 2 years More restraints Smaller constituency Specialists (avg 2 committees) Less media coverage Power less evenly distributed Less reliant on staff More partisan Only the House of Representatives originates revenue bills Smaller (100): 2 from each state Elected every 6 years Fewer restraints Larger constituency Generalists (avg 4 committees) More media coverage Power more evenly distributed More reliant on staff Less partisan Only the Senate consents to treaties and certain nominations The Federal Legislative Process Differences Between House and Senate House Senate

6. The Federal Legislative ProcessA Senator • Be at least 30 years old • Be a U.S. citizen for the past 9 years • When elected, be a resident of the state they represent • Six year term • One-third of the total membership of the Senate is elected every 2 years • There is no limit on the number of terms a senator can serve

7. The Federal Legislative ProcessA Congresswoman/man • Be at least 25 years old • Be a U.S. citizen for the past 7 years • When elected, be a resident of the state they represent • Two year term • There is no limit on the number of terms a representative can serve

8. The Federal Legislative Process112th Congress

9. Questions??

10. The Federal Legislative Process HOW A BILL BECOMES LAW

12. Key U.S. House of Representatives Committees • Committee on Energy and Commerce • Subcommittee on Health • National Institute of Health (NIH) • Substance Abuse and Mental Health Services Administration (SAMHSA) • Ways and Means Committee • Subcommittee on Health • Subcommittee on Human Resources • Temporary Assistance for Needy Families (TANF)

13. Key U.S. House of Representatives Committees • Committee on Education and the Workforce • Subcommittee on Education Reform • Head Start Act • No Child Left Behind Act (NCLB) • Individuals with Disabilities in Education Act (IDEA) • Subcommittee on Select Education

14. Key U.S. House of Representatives Committees • Committee on Agriculture • Subcommittee on Department Operations, Oversight, Dairy, Nutrition and Forestry • Part of TANF • Committee of Government Reform • Subcommittee of Criminal Justice, Drug Policy and Human Resources

15. Key U.S. Senate Committees • COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS • Health Subcommittee • National Institutes of Health (NIH) • Substance Abuse and Mental Health Services Administration (SAMHSA) • Education Subcommittee • Head Start Act • No Child Left Behind Act (NCLB) • Individuals with Disabilities in Education Act (IDEA)

16. Key U.S. Senate Committees • JUDICIARY COMMITTEE • Subcommittee on Crime and Drugs • Violence Against Women’s Office • Youth Violence and Related Issues

17. Only ~6% of All Bills Introduced Become Public Law* *108th Congress Data

18. Legislation must survive numerous votes before final passage. Committee members play a more powerful role than non-committee members. Tactics exist to expedite, stall, or circumvent this process e.g., suspension of the rules (House); filibuster (Senate). The Federal Legislative ProcessWhat You Need to Know About Law Making

19. The Federal Legislative ProcessGlossary of Legislative Terms • BILL: A proposed law. • ACT: A bill or measure after it passes one or both chambers. • CONTINUING RESOLUTION: Legislation providing continued funding for a federal department or program, usually at the previous fiscal-year level. A continuing resolution is used when Congress has failed to pass a necessary appropriations bill for a new fiscal year.

20. The Federal Legislative ProcessGlossary of Legislative Terms • FEDERAL REGISTER:The federal government’s daily publication of final regulations, proposed regulations, funding priorities, grant applications deadlines, meetings, and other notices announced by federal agencies and offices, published by the U.S. Government Printing Office. • U.S. CODE:A compilation of all general and permanent laws currently in effect.  It’s arranged by subject matter, and it shows the present status of laws that have been amended on one or more occasions.

21. The Federal Legislative ProcessGlossary of Legislative Terms • FISCAL YEAR: A 12-month period for using federal funds. • The fiscal year for the Federal Government begins on October 1 and ends on September 30. • The fiscal year is designated by the calendar year in which it ends. • For example, FY 2005 began on October 1, 2004 and ends on September 30, 2005.

22. The Federal Legislative ProcessGlossary of Legislative Terms • “LAME DUCK” SESSION: When Congress (or either chamber) reconvenes in an even-numbered year following the November general elections to consider various items of business. • Some lawmakers who return for this session will not be in the next Congress. Hence, they are informally called “lame duck” Members participating in a “lame duck” session.

23. The Federal Legislative ProcessGlossary of Legislative Terms • FILIBUSTER:Any attempt to block or delay Senate action on a bill or other matter by debating it at length, by offering numerous procedural motions, or by any other delaying or obstructive actions. • Easier in the Senate than the House because of the Senate’s more relaxed rules controlling debate

24. The Federal Legislative ProcessGlossary of Legislative Terms • HEARING:A meeting of a committee or subcommittee -- generally open to the public - to take testimony in order to gather information and opinions on proposed legislation, to conduct an investigation, or review the operation or other aspects of a Federal agency or program. • MARKUP:The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.

25. The Federal Legislative ProcessGlossary of Legislative Terms • CONFEREES/CONFERENCE COMMITTEE:The House and Senate appoint conferees to a conference committee to resolve differences between House- and Senate passed versions of the same legislation. • The speaker of the House and the Senate majority leader appoint conferees, although, by tradition, they usually appoint majority and minority members -in a five-to-two ratio- from the committees that had jurisdiction over the legislation

26. The Federal Legislative ProcessLegislation vs. Regulation LEGISLATION: • How a bill becomes a public law or private law  • Public laws affect society as a whole and private laws affect a particular person, family or group

27. The Federal Legislative ProcessLegislation vs. Regulation REGULATION: • Rules enacted by federal governmental agencies granted them by Congress • Proposed rules are first published in the Federal Register  • Public comments and hearings on the proposed regulations are then considered • Once a regulation formally takes effect, it is known as a final rule and is published in the Code of Federal Regulations (CFR)

28. The Federal Legislative ProcessThe Players • SPEAKER OF THE HOUSE: Presiding officer of the House, leader of the majority party in the House, and next in line to the vice president for succession to the presidency. John Boehner-R Ohio > • MAJORITY LEADER: Leader of the majority party in either the House or the Senate. In the House, second in command to the Speaker. Elected by their party to manage and schedule the legislative and executive business of the House or Senate. Eric Cantor-R Virginia Harry Reid D Nevada

29. The Federal Legislative ProcessThe Players • MINORITY LEADER: Leader of the minority party in the House or Senate. Nancy Pelosi-D California HOR • Mitch McConnell R-KY Senate

30. The Federal Legislative ProcessThe Players • CHAIR: The presiding officer of a committee or subcommittee. Chairmanship is based on seniority of committee tenure, but they may not chair more than one standing committee at a time.

31. The Federal Legislative ProcessThe Players • RANKING MINORITY MEMBER: The highest ranking/first in seniority (and usually longest serving) minority member of a committee or subcommittee. They may not serve as ranking minority member on more than one standing committee.

32. The Federal Legislative ProcessThe Players • Whip: A legislator who is chosen to be assistant to the leader of the party. • Whips are chosen in both the House and the Senate. • The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. • In the absence of a party floor leader, the whip often serves as acting floor leader.

33. The Federal Legislative ProcessThe Role of Federal Agencies *The Primary Role is to Advise Congress* • Federal agencies comment and make specific recommendations on legislative proposals • Information from agencies is very important (particularly on relevant grant programs) • Agencies often rely on the expertise of associations

34. Obtaining Congressional Documents • Thomas: Library of Congress • http://thomas.loc.gov • Access: Government Printing Office • http://ww.gpoaccess.gov • Committee Hearings • http://www.senate.gov/ • http://www.house.gov • http://www.capitolhearings.org

35. Questions??

36. The Federal Legislative ProcessTHE APPROPRIATIONS PROCESS

37. Understand the budget and appropriations process Understand the difference between mandatory and discretionary spending Understand the differences between authorization and appropriation of funds Understand the concept of an “earmark” Understanding the Appropriations ProcessGoals and Objectives

38. President’s budget submitted to Congress House Budget Committee formulates resolution Senate Budget Committee formulates resolution House floor votes Senate floor votes Budget conference committee reports out the resolution on the budget House floor vote Senate floor vote Spending allocations and reconciliation instructions (optional) sent to committees of jurisdiction Senate Appropriations Committee reports appropriations measures to comply with the budget resolutions (allocations) House Appropriations Committee reports appropriations measures to comply with the budget resolutions (allocations) Senate: Separate appropriations bills/reports House: Separate appropriations bills/reports Conference Committees Senate votes on conference report House votes on conference report The president may sign or veto the separate bills

39. Federal Budget Process • Congress must pass a budget bill every year • The President submits a budget proposal • A budget resolution outlines revenue and spending for the upcoming year • A budget resolution does not require the President’s signature but a single version of the bill must be agreed to by the House and Senate -through a conference agreement

40. The Federal Budget Process • Congress often uses a two-step reconciliation process triggered when the budget resolution includes instructions to one or more committee(s) directing them: • to recommend changes in revenue or spending laws necessary to achieve the overall levels agreed to • the recommendations are then considered in one or more reconciliation measures under expedited procedures. • A reconciliation bill must be passed by both Houses and signed by the President. It is binding.

41. The Budget & Appropriations Cycle Nov to Jan Agency budget development Jan 20 State of the Union address Nov to Feb Preparation of President’s Budget February President’s Budget released Feb to Apr Congressional Budget Resolution approved Jan to Apr Appropriations hearings on bud get May to Jun Appropriations subcommittee allocations May to Aug - Mark -up of House subcommittee appropriations May to Aug Subcommittee, full committee, House passage Jun to Sep Senate action in subcommittee, full committee Jun to Sep Senate action on floor House - Senateconferenceto resolve differences Sep to Nov Oct 1 Fiscal year begins VSA VSA

42. Budget Functions of Congressional Committees • Revenue Committees • Tax • Budget Committees • Set over all budget based on revenues and expenditures • Authorizing Committees • Setting ceilings for program funding • Appropriations Committees • Funding

43. Mandatory Spending Permanent laws which automatically fund programs Entitlement Programs (e.g. Medicare and Medicaid) Discretionary Spending Provides annual appropriations Includes defense, human resources, and physical resources Discretionary spending has declined from 2/3 to 1/3 in the past 10 years Federal Expenditures Outlays CRS

44. If mandatory spending increases and defense spending increases… What happens to the small piece of the discretionary pie that’s left?

45. Trends in Federal Spending

46. THE FEDERAL APPROPRIATIONS PROCESSThings to Keep in Mind… • Everyone wants a piece of the (discretionary) pie • The pie is shrinking; and consumers are increasing • Patience and persistence yield a larger piece of the pie • The prize can change in the middle of the game • Sometimes small wins are big victories

47. The Federal Appropriations ProcessOverview of Appropriation Bills • Appropriation Bills Determine the Precise Amount of Money each Program/Agency Receives • There are 13 separate appropriations bills (they originate in different subcommittees) • The constitution requires that all money (tax and appropriations) bills originate in the House • The final bill establishes funding for all federal programs • Appropriations Bills Must be Passed Annually

48. 3,000 pages 2004 Omnibus Appropriations Bill

50. The Federal Appropriations ProcessAuthorization vs. Appropriation • AUTHORIZATION:An authorization act is a law that: • establishes or continues one or more Federal agencies or programs, • establishes the terms and conditions under which they operate, • authorizes the enactment of appropriations, • and specifies how appropriated funds are to be used. • APPROPRIATION:Legislation that provides funds for a specific purpose.