LEGISLATIVE PROCESS
I. STRUCTURE OF THE LEGISLATIVE PROCESS
a. Developing Legislation
i. Public Policy Agenda
ii. Congressional Consideration
1. Strategy
2. Leadership & Committees
3. Role of Interest Groups
4. Steps in the Process
5. Where are our access points as lawyers? Approving/killing something
6. Learn where to look to see what Congress intended.
iii. Procedures for the House/Senate
1. Introduction
a. Revenue measures must originate in the House
b. The appropriations starts on the House side
c. Tax measures begins on the House side
d. Bill is placed in the “hopper”
e. Clerk takes Bill out and assigns a number and title
f. Bill is assigned a number
g. Numbered Bills are sent to the Speaker
h. Speaker assigns Bill to a Committee
2. Committee action
a. Committee sends Bill to a Subcommittee
i. Hearing
ii. Mark-up (Chairman’s Mark) *it’s much easier to start here than to get added in as an amendment b/c it is always the Chairman’s and no one else has to take accountability for it
iii. Report Back
b. Full Committee
i. Hearing
ii. Mark-up (Chairman’s Mark)
iii. Committee Report *very important; if a court is looking to see what Congress intended, they will go here b/c it explains in plain English
1. Procedural background
2. Substantive background (Policy)
3. Bill Language
4. Section-by-Section Analysis
iv. Report Out to the House
3. House of Representatives Floor action
a. Leadership Schedules
i. Union Calendar (Most bills)
1. Committee of the Whole House on the State of the Union
ii. House Calendar (Internal)
1. Special Rules from Rules Committee
2. Rules Committee – determines the rules for debate (set time frame for discussion & structure for amendments)
3. Rules on House Side
4. Changes in House Rules
5. Ethics Committee
iii. Private Calendar
1. Private Bills (immigration)
iv. Unanimous Consent Calendar
1. Suspension of the Rules(noncontroversial, $1 million)
a. can only go on here if less than $1million and not in controversy; *House does this first when they reconvene
2. Pass by 2/3 majority
v. Discharge Calendar
1. Petition completed
b. House Rules
i. Privileged Matters
1. Budget
2. Appropriations Bills
ii. Suspension of the Rules
1. Non-controversial
iii. Expedited Floor Consideration
1. Closed (No amendments)
2. Modified Closed (Select amendments)
3. Modified open – allow some amendments
4. Open – anyone can offer as many amendments as they want
iv. Party-line votes
1. Ex. Dusty is a fiscal conservative but progressive. I would propose – run my candidate on that particular vote that would be harmful to hi
cted by majority & minority leadership in each house
ii. Reconcile both versions (new deals)
1. Amendment in the Nature of a Substitute
b. Conference Report: sent to each house for approval; *key piece in legislative history
7. Procedures
a. Enroll & Present
i. Enroll
ii. Print
iii. Certified by Clerk
iv. Signatures
1. Speaker
2. Senate Majority Leader
v. Present to President
8. Enactment into Law
a. Sign the bill
b. No action
i. 10 days à Becomes Law
c. Veto bill
i. Send back to Congress with objections
ii. Override – requires 2/3 majority of both houses (Senate: 67 votes)
d. Pocket Veto
i. President doesn’t sign bill within 10 days & Congress adjourns
e. Signing Statements
