Legislative Process I October 29, 2015

This is the “regular order” of the legislative process. Overview Introduction Committee and Subcommittee Action Referral to Rules Committee (only in the House) Floor Action Possible Filibuster and Cloture Vote (only in the Senate) Conference Committee (if necessary) Vote for Final Passage Presidential Action Veto Override (if necessary) This is the “regular order” of the legislative process.

Introduction

Introduction Any member of the House and Senate can introduce bills, which are proposed laws, and resolutions, which are legislative statements of opinion on a certain matter. Members of the House and Senate have so far introduced 6,946 bills and resolutions in the current session of Congress which began in January 2015.

Omnibus bills Major legislation is often written in the form of omnibus bills, complex, highly detailed legislative proposals covering one or more subjects or programs. The healthcare reform measure, for example, included provisions dealing with Medicaid, insurance regulation, healthcare delivery, and a set of tax increases to pay for the package.

Reasons for Omnibus Bills Passing legislation is so difficult, that the leadership assembles various bills into a single measure to get all of them through. Adding measures can add support. Members attach their pet bills to measures likely to pass. http://www.speaker.gov/general/10-things-you-should-know-about-omnibus-appropriations-bill

Sponsors A member who introduces a measure is known as its sponsor. In 2009, Rep. John Dingell of Michigan sponsored healthcare reform in the House. The bill had six co- sponsors. It was 906 pages long.

Numbers the bill is put on a calendar to be voted on, debated or amended. If the bill passes by simple majority (218 of 435), the bill moves to the Senate. In the Senate, the bill is assigned to another committee and, if released, debated and voted on. Again, a simple majority (51 of 100) passes the bill Measures introduced in the House are given a number that begins with HR. Senate measures begin with S. The healthcare reform measure passed by Congress was H.R. 3590.

Names The sponsors of a bill also give it a popular title designed to put the measure in a favorable light. Democrats in Congress called their bill the Patient Protection and Affordable Care Act.

Committee Stage

Committee Referral The chamber parliamentarian, working under the oversight of the Speaker of the House or the Senate Majority Leader, refers the measure to committee based on the subject covered by the bill or resolution.

Multiple Referral Complex issues, such as healthcare, immigration reform, energy, and homeland security, often cut across committee jurisdictions and may be referred to more than one committee.

Committees Are Gatekeepers Committees are gatekeepers in the lawmaking process, killing most of the bills and resolutions referred to them. Only about 10 percent of the measures introduced are referred to the floor.

Committees Do Work of Congress Staffs prepare reports on bills, one for majority and one for minority Committee/subcommittee holds hearings Legislative markup is next. It is the process of legislators going over a measure line-by-line, revising, amending, or rewriting it

Committee Vote Once markup is complete, the subcommittee and then the full committee vote on whether to recommend passage. If the measure is voted down at either stage or members vote to table it (that is, postpone consideration), it is probably dead, at least for the session.

Referral to Rules Committee (Only in the House)

House Rules Committee Although some measures go directly from committee to the floor in the House, most measures that clear standing committee are assigned to the Rules Committee before they go to the floor. The House Rules Committee is a standing committee that determines the rules under which a specific bill can be debated, amended, and considered on the House floor.

Types of Rules When the Rules Committee refers a bill to the floor, it sets a time limit for debate and determines the ground rules for amendments. A rule that opens a measure to amendment on the House floor without restriction is an open rule. A closed rule is a rule that prohibits floor consideration of amendments on the House floor. Most rules, especially rules for major legislation, are structured rules, which are rules that specify which amendments are allowed and under what conditions, the time available for debate, and/or the method of voting on amendments.