Understanding Legislative Process and Forms of Legislation

Documents in the Legislative Process Dr. Laura Blessing The Government Affairs Institute Georgetown University

Forms of Legislation Deadline for actionb Requirements for approval Product or Use Form of Business Designationa Origin Bill S. H.R. Introduced by Member of chamber Final adjournment of a Congress Both chambers and President Law (statute) Joint Resolution (except to amend Constitution) S.J.Res. H.J.Res. Submitted by Member of chamber Final adjournment of a Congress Both chambers and President Law (statute) Joint Resolution (to amend Constitution) S.J.Res. H.J.Res. Submitted by Member of chamber Final adjournment of a Congress Both chambers (by two-thirds' vote) Constitutional amendment Concurrent Resolution S.Con.Res. H.Con.Res. Submitted by Member of chamber Final adjournment of a Congress Both chambers Regulation of Congress as a whole Resolution ("simple resolution") S.Res. H.Res. Submitted by Member of chamber Final adjournment of a Congress Chamber of origin Regulation of chamber of origin

How to find documents: Congress.gov! You can click on bill type.

Bills (H.R. or S.) Most legislative proposals are in this form Parts of the bill: Purpose Statement Sponsor & co-sponsor(s) Effective date Different sections: Title, TOC, Findings, Definitions (Different from appropriations) Signaling games: H.R. (or S.) 1-10, also 11-20 = party priorities To insiders: Sponsorship (who? Leadership? How many? Bipartisan?) To outsiders: interested parties Where to next? House: multiple referral v. Senate: Committee of predominant jurisdiction (but most: nowhere) Public bills: deal with general questions and (may) become public law Private bills: deal with individual matters (claims against the government, immigration & naturalization cases, land titles, etc.). They (may) become private laws

Bill example: Text: note HR number, to provide for reconciliation , and Be it enacted (enacting clause), Table of Contents Check it out: https://www.congre ss.gov/115/bills/hr1 628/BILLS- 115hr1628pcs.pdf

Text: page 2

Another example: the CARES Act: Check it out: https://www.congre ss.gov/116/bills/hr7 48/BILLS- 116hr748enr.pdf Text: note: HR number, title (The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act), Table of Contents

More from the CARES Act: (p. 6): Definitions: using Administration/Administrator to mean SBA, etc. (this is different from appropriations docs)

More from the CARES Act (p. 79): if you do a keyword search for effective date you ll find a lot here s one that excepts alcohol used to produce hand sanitizer from excise taxes

Joint Resolutions (H. J. Res. Or S. Res.) Often but not always: a Constitutional amendment Supermajoritarian hurdles & role of the states Can be statute, though in that case no significant differences exist, though joint resolutions tend to deal with much more limited matters (can be a single appropriation)

Joint Resolution example: Constitutional Amendment Check it out (2 pages long): https://www.congress.gov/ 116/bills/hjres10/BILLS- 116hjres10ih.pdf Note: H.J. Res designation, resolving clause, two sponsors (this went nowhere)

Joint Resolution Example: Statute Example: this joint resolution, passed using the Congressional Review Act (CRA). Check it out: https://www.congr ess.gov/115/plaws /publ22/PLAW- 115publ22.pdf Note: resolving clause, regulatory rule

Joint resolution example Example: a resolution of disapproval Check it out: https://www.congress .gov/116/bills/hjres46 /BILLS- 116hjres46enr.pdf President Trump vetoed this in March 2019. Note: HJ Res, resolving clause, National Emergencies Act

Concurrent Resolution (H. Con. Res or S. Con. Res.) A few types: Minor corrections, usually pass unanimously, might correct a date, fix the time for Congress to adjourn, etc. Budget resolutions (don t have the force of law, not signed by the President) Both chambers of Congress jointly offering congrats say, to another country on it s independence day

Concurrent Resolution example: FY17 Budget Resolution Check it out: https://www.cong ress.gov/115/bills /sconres3/BILLS- 115sconres3enr.p df Note: S. Con. Res, resolving clause, budgetary levels , reconciliation instructions

Concurrent Resolution example Concurrent resolutions can also enact minor changes, like this one. Check it out: https://www.congress.gov/ 116/bills/hconres21/BILLS -116hconres21enr.pdf Note: H.Con.Res, minor changes (renaming parts of a bill after John Dingell and John McCain)

Concurrent resolution example Concurrent resolutions can also express a sense of Congress on something- celebrating something, wishing another country congratulations, expressing disapproval, authorizing the use of Capitol grounds, etc. Check it out: https://www.congress.gov/116/bills/ sconres19/BILLS- 116sconres19rfh.pdf This example celebrates the 50th anniversary of the Apollo 11 Moon landing (see: whereas clauses)

Resolution (simple resolution): H. Res. or S. Res. Regulates chamber of origin a few different types of things House side: a rule from the Rules Committee Rules of the chamber Assigning committee seats But: House no longer does commemorative resolutions (banned after 2010 elections, also earlier attempts)

Resolution example Example: a rule from the Rules Committee: Check it out: https://www.congress.gov/ 115/bills/hres254/BILLS- 115hres254rh.pdf Text: Rep. Session from the Rules Committee, providing for further consideration of the bill (HR 1628 the AHCA)

Resolution example: Green New Deal Check it out: https://www.congress.gov/116/bills/h res109/BILLS-116hres109ih.pdf Note: this is an H. Res, not an HR--- it s a simple resolution, not legislation

Resolution example: Rules of the House Check it out: https://ww w.congress. gov/bill/11 7th- congress/h ouse- resolution/ 8/text?r=1 &s=7

Resolution example: BANNED! Commemorative Resolutions, banned after the 2010 elections: Check it out: https://www.congress.gov /111/bills/hres1297/BILLS -111hres1297eh.pdf House Majority Leader Eric Cantor: "I do not suspect that Jefferson or Madison ever envisioned Congress honoring the 2,560th anniversary of the birth of Confucius or supporting the designation of national 'Pi' day"

Additional legislative documents After different kinds of resolutions are introduced there are more documents later on in the process: The Conference Report: The final legislative text The Joint Explanatory Statement of Managers: an explanation of what the conferees agreed on and why

Conference Report example Conference report example: Check it out: https://www.congress.gov/1 12/crpt/hrpt399/CRPT- 112hrpt399.pdf

Joint Explanatory Statement example Joint explanatory statement for the Tax Cuts and Jobs Act of 2017 Check it out: https://www.congress.gov/115/ crpt/hrpt466/CRPT- 115hrpt466.pdf

Legislative phrases of interest None of the funds Enrolled v. engrossed bills Appropriations bills General provisions (often starts with none of the funds ) Bill: enacting clause Joint resolution: resolving clause Joint explanatory statement: the House/Senate recedes from (text/ or a disagreement)

Legislative calendars House Union Calendar: bills that raise or spend money House Calendar: all other major public bills Private Calendar: for private bills Senate Calendar of Business: all public and private bills Executive Calendar: treaties and nominations