1. Legislative Process I
October 27, 2016

2. Key Points About the Process
The legislative process isn’t easy and isn’t usually very quick.
Most bills never become laws.
The framers intended the legislative process to be difficult, but not as difficult as it has become.
The process has become more difficult because of the nature of party politics, so difficult that Congress is near the point of ceasing to function as a legislative body.
A deadlocked Congress is a weaker Congress.
As Congress fails to do its job, the president, the bureaucracy, and, to a lesser extent, the courts, increase their power.

3. 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.

4. Introduction

5. 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 7,305 bills and resolutions in the current session of Congress which began in January 2017.

6. 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.

7. 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.

8. 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.

9. Numbers
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

10. 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.

11. Committee Stage

12. 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.

13. 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.

14. 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.

15. 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

16. Much Happens Behind the Scenes
Committee/subcommittee chairs and ranking members negotiate over details of legislation. On major legislation, the party leadership, the president, and major interest groups will probably be involved as well.

17. 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.

18. Referral to Rules Committee
(Only in the House)

19. 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.

20. 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.

21. Rules Structure Choices
Force members to choose between comprehensive alternative pieces of legislation.
Prevent opponents from forcing votes on unpopular provisions.
Prevent opponents from offering amendments the leadership opposes.
Rules also speed up the process by limiting debate and avoiding endless amendments.

22. Rules Committee is an arm of the leadership
Leadership can rewrite a bill before it goes to the floor.
Leadership structures choices available to members.
Leadership can prevent a vote on measures it opposes.
Because of the Rules Committee, the minority party in the House has no power to push forward its preferred policy measures.

23. Majority Rules in the House
Majority rules on the floor of the House. If all 435 members are present and voting, 218 votes are necessary for final passage of legislation, a simple majority.

24. What You Have Learned What are the steps of the legislative process?
Who can introduce a bill in Congress?
What role do committees play in the legislative process?
What role does the House Rules Committee play in the House?
Does majority rule in the House?