1. Institutions of American Government
Module 4.1: Congress
Section 8: The Legislative Process Revisited

2. Lesson Objectives Describe in detail the Legislative Process
Predict the probability a bill will pass a chamber based on its committee report
Develop a plan to ensure passage of a legislative proposal in the US Congress

3. What does the Constitution Say?
Article 1 Section 7
All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills
Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States
If he approve he shall sign it
But if not he shall return it with his objections to that house in which it shall have originated
Who shall enter the Objections at large on their Journal
And proceed to reconsider it
If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house
By which it shall likewise be reconsidered, and if approved by two thirds that house, it shall become a law.
If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall be presented to him, the Same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

4. Bill reconsidered in Senate Bill introduced in Senate
OK, what does it mean?
And that’s the simple explanation!
Bill reconsidered in HR
Bill introduced in HR
Bill reconsidered in Senate
Bill introduced in Senate No
Vote
50%+1 Yes?
Vote
2/3 Yes?
Reconsidered by
other House?
Vote
50%+1 Yes?
Vote
2/3 Yes?
Passed other House?
Yes
Yes
Debate
Debate No
Yes
Yes No
Bill Presented to PotUS
Dead Bill
Dead Bill
Action? No
10 days No
Yes
Veto:
Returned
with Objections To
Originating House
Congress in Session? No
Approval?
Yes
Yes
PotUS Signs
Law

5. Question #2 In order to become a law, a bill must be
approved by both houses
signed by the President
approved by the Supreme Court
both a and b

6. Question #3 Appropriations bills must be introduced in the Senate
in the House of Representatives
in both houses simultaneously
through the initiative power

7. What makes it Worse? Article 1 Section 7
Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States
Implications
Both Houses of Congress may amend bills, but
Both Houses of Congress must pass Identical bills

8. Markup Periods Two kinds of markup
Committee markup
Nearly every bill goes through committee markup
Floor markup
“Regular” bills go through floor markup
“privileged” bills cannot be amended
Bills under reconsideration after a veto
Commemorative and congratulatory resolutions
Other bills recommended by Rules committee or Floor leaders
Markup periods slow down the legislative process
Markup periods generally result in two different versions of a legislative proposal
House version
Senate version
Article 1 section 7 requires the House and Senate to pass identical bills.
House and Senate versions of a bill must be reconciled
Reconciliation results in a new “compromise” bill

9. Question #4 What is a markup period?
A markup period is a timeframe within which interest groups may propose changes to a bill
A markup period is a timeframe within which committee members seek public comment on a proposal
A markup period is a timeframe within which members of a legislative body may propose changes to a bill
A markup period is a timeframe within which members of a legislative body attempt to override a veto

10. Question #5 What is distinct about privileged bills?
Privileged bills must be considered ahead of other bills on the legislative calendar
Privileged bills must be voted on before any other bill can be debated
Privileged bills are those favored by the floor leadership
Privileged bills cannot be amended

11. The Process in the House
Introduction
Rules Committee
Influence
Referral to Standing Committee
By House Speaker
Rules Committee
Influence
Referral to Sub Committees
Committee Staff
Influence
Committee Markup Period
Committee Staff
Influence
Committee Report
Includes recommendations to the Floor
Pass with Amendment
Do not Pass
Pass

12. Question #6
In the House of Representatives the discharge petition is used to
force the Speaker to take action on a bill.
Prevent the president from using the pocket veto
To force a bill from committee consideration
Delay action on a bill that has the support of the majority

13. Question #7 What is included with every committee report?
a recommendation to the floor, either to pass, not pass, or pass with amendment
a statement of the bill’s legislative intent
a summary of the major provisions of the bill
all of the above

14. After the Report in the House
Committee Report
Includes recommendations to the Floor
Referral to Rules Committee
By House Speaker
Adopt Rules?
Rules Committee Report
Includes recommendations to the Floor
Scheduling
Set Time limits
Amendment period
Rules Committee
recommendations
implemented
Yes No
Floor Markup Period?
Yes
Allow amendments from floor
according to adopted rules No
Vote:
Amendments first
Amended bill last
Debate according to adopted rules

15. The Process in the Senate
Introduction
Majority Leader
Influence
Referral to Standing Committee
President pro tempore
Majority Leader
Influence
Referral to Sub Committees
Committee Staff
Influence
Committee Markup Period
Committee Staff
Influence
Committee Report
Includes recommendations to the Floor
Pass with Amendment
Do not Pass
Pass

16. After the Report in the Senate
Committee Report
Includes recommendations to the Floor
Action by Floor Leaders
Majority & Minority
Scheduling
Terms of Debate
Amendment period
Floor Markup Period?
Yes
Amendments from floor
accepted by floor leaders No
Vote:
Amendments first
Amended bill last
Floor Debate
Senatorial privilege of unlimited Debate

17. Question #8 Which of the following best describes cloture?
The use of the privilege of unlimited debate in the Senate to block further action on a bill, resolution or confirmation
The use of the privilege of unlimited debate in the House to block further action on a bill, resolution or confirmation
The suspension of privilege of unlimited debate in the Senate to force action on a bill, resolution or confirmation
The suspension of privilege of unlimited debate in the House to force action on a bill, resolution or confirmation

18. Bill introduced in Senate Majority Leader Appoints
Passing the Bill
Bill introduced in HR
Bill introduced in Senate
Conference
Committee
Referral by Speaker
Speaker Appoints
House members to
Referral by
Pres. pro tem
Committee Markup
Committee Markup
Reconcile
Differences?
Conference
Committee Report
Committee Report
Compromise
legislation
(Privileged bill)
Conference
Committee Report
Committee Report
Majority Leader Appoints
Senate members to
Majority & Minority
Floor Leader
Rules Committee No
Yes
Dead Bill
Markup & Debate
Debate
No Amendments
allowed
Debate
No Amendments
allowed
Markup & Debate
Vote
Vote
House Version
Senate Version
Bill Presented to PotUS

19. Question #9
Before a bill passes to the floor for debate, what must happen?
The standing committee considering the bill must deliver a report on it to the full chamber
The standing committee considering the bill must deliver a report on it to the full chamber with recommended action
The standing committee considering the bill must issue a recommendation to the full chamber
The standing committee considering the bill must deliver a report to the presiding officer

20. Question #10
The typical order in which a floor vote occurs for a legislative proposal is
First, the original bill; then amendments to the bill
First, amendments to the bill; then the amended bill
First, the original bill, then amendments; finally, the amended bill
First, individual amendments to the bill, then the original bill; finally the slate of amendments to the bill

21. Activity Answer one of the following questions:
You are a freshman House member from the majority party. You sponsor a bill that has strong support among your constituents, but only a dozen co-sponsors. The Speaker, the floor leader and the principal whip are not on the list. It is referred to a committee that you do not sit on. How do you get it out of that committee and onto the floor for debate?
You are the chair of the Senate Finance Committee and up for re-election. The House has just passed a version of a well-publicized spending bill that you do not support. It has been referred to your committee in the Senate as well as to the Ways and Means Committee. The Ways and Means Chair supports the bill, as do your constituents. How do you make sure the bill fails, but still manage to keep your seat?