Legislative Process

Preliminary Procedure
- Proposals originate from:
o Members of the Senate
o Special interest groups
o Constituents
Either as individuals or groups
- Although, much of the needed legislation today originates from the executive
branch
o The president, every year, outlines his legislative program in his SONA
o Executive departments and agencies transmit to the House and Senate
drafts of proposed legislations to carry out the presidents program

Introduction of Bills
- A member of Congress sponsors the bill regardless of where it originates
- A member of the Senate may introduce several types of bills and resolutions by
filing it with the Office of the Secretary
- No limit as to the number of bills a member may introduce
o House and Senate bills may have joint sponsorship and carry several
members names
- Major legislation is often introduced to both houses in the form of companion bills
o In order to speed up the legislative process by encouraging both houses
to consider the measure simultaneously

Types of Legislation
- Bills
o General measures that may become laws
o Prefixed with S. followed by a number assigned the measure based on
the order it is introduced
o A vast majority of legislative proposals are in the form of bills
o They include a budgetary appropriation of the govt and many other
o When passed by both houses and signed by the President, it becomes a
law

- Joint Resolutions
o Also requires approval of both houses and signature of the President
o Has the force and effect of law if approved
o Generally used when dealing with a single item or issue
o Also used for proposing amendments to the Constitution

- Concurrent Resolutions
o Designated in the Senate as S. Ct. Res.
o Used for matters affecting the operations of both houses and must be
passed in the same form by both
o They are not referred to the President for his signature
o Do not have the force of law
o Used to fix the time of adjournment of a Congress and to express the
sense of Congress on an issue

- Simple Resolutions
o Designated P. S. Res.
 o Deals with matters entirely within the prerogative of one house (such as
adopting or receiving its own rules)
o Not considered by the other chamber
o Not sent to the President for his signature
o Do not have the force of law
o Used occasionally to express the opinion of a single house on a current
issue
o Used to call for a congressional action on an issue affecting national
interest

Bill Referrals
- A measure, after introduction and assignment of number, is read and referred to
an appropriate committee
o During the reading, only the title and author is read on the floor
- The Senate President is responsible for referring bills introduced to appropriate
committees
- Rule X, Section 13 of the Rules of the Senate spells out the jurisdictions of the
Standing Committees
o If a bill involves matters relating to agriculture, food production and agri-
business, it must be referred to the Committee on Agriculture and Food

In Committee
- The standing committees operate as little legislatures and determine the fate of
most proposals
- Hearings are scheduled to discuss the bills referred to them
o Members are frequently experts in the subjects
o It is here that a bill comes under the sharpest scrutiny
o If a measure is to be substantially revised, the revision occurs at the
committee level
- They may dispose of a bill by:
o Rejecting it
o Report it favorably or without recommendation
- Under Sec. 29, Rule XI of the Rules of the Senate, if the reports are unfavorable,
they shall be transmitted to the archives
o Unless 5 Senators shall move for their inclusion in the Calendar for Ordinary
Business, in which case the President shall so order

Committee Reports
- Describes the purpose and scope of the bill, explains any committee
amendments, indicates proposed changes in existing law and such other
materials that are relevant.
- Numbered in the order in which they are filed and printed

Calendaring for Floor Debates: Consideration of, and Debates on Bills

- Sec 45 of Rule XVI of the Rules of the Senate states 3 calendars which the Senate
shall have:
o Calendar for Ordinary Business
Bills reported out by the committees in the order in which they are
received by the Office of the Secretary;
Bills whose consideration has been agreed upon by the Senate
w/o setting the dates on which to effect it;
Bills whose consideration has been postponed indefinitely
 o Calendar for Special Orders
Bills and resolutions are arranged successively and chronologically,
according to the order in which they were assigned for
consideration
o Calendar for Third Reading
Bills and joint resolutions approved on 2nd reading

Conference Committee Action

Calling a Conference
- Either house can request a conference once both have considered the same
legislation
- Generally, the chamber that approved the legislation first will disagree to the
amendments made by the second body and will make a request that a
conference be convened
o Sometimes, only the 2nd body will ask for a conference immediately after it
has passed the legislation

Selection of Conferees
- Under the Rules of the Senate, the Senate President shall designate the members
of the Senate panel with the approval of the Senate
- From 3 to a larger number, depending on the length and complexity of the
legislation involved

Authority of Conferees
- Limited to matters in disagreement between the two houses
- Not authorized to delete provisions or language agreed to by both houses as to
draft entirely new provisions
- In practice, they have a wide latitude
o Except where the matters in disagreement are very specific
- They attempt to reconcile their differences but generally try to grant concession
only insofar as they remain confident that their chamber will accept the
compromise

Conference Report
- When the conferees reach an agreement, the conference committee staff wiites
a report indicating changes made in the bill and explaining each sides actions
- Submitted to the floor for its approval
- Debate on conference reports is highly privileged and can interrupt most other
business
- Approval of both houses of the report, along with amendments, constitutes final
approval of the bill

Final Legislative Action

- A final copy of the bill (the enrolled bill) shall be printed and certified as correct
by the Secretary of the Senate and the Secretary General of the House of
Representative after both houses have given approval
- It will then be signed by the Speaker of the House and the Senate President
- If the President does not sign a bill within 30 days upon receipt, it becomes a law
- The Congress can also override the presidential veto by two-thirds vote