House CommitteesHouse Committees

How a Bill How a Bill ReallyReally Becomes LawBecomes Law

Artemus WardAssistant ProfessorDepartment of Political ScienceNorthern Illinois University

Knowledge is PowerKnowledge is PowerBecause the average Because the average life expectancy of a life expectancy of a Hill staffer is three Hill staffer is three years, more years, more permanent players permanent players are the policy experts are the policy experts that staff must turn to that staff must turn to when policy matters when policy matters arise: CRS, Leg arise: CRS, Leg Counsel, Lobbyists.Counsel, Lobbyists.

Congressional Research Service Congressional Research Service (CRS)(CRS)

Professional, non-Professional, non-partisan research staff partisan research staff for members of for members of Congress and their Congress and their staffs.staffs.

Policy experts draft Policy experts draft reports on policy issues reports on policy issues and routinely update the and routinely update the reports.reports.

Easily available by phone Easily available by phone if staffer/member has if staffer/member has questions on an issue.questions on an issue.

Legislative CounselLegislative Counsel

Nonpartisan bill-drafting service for members Nonpartisan bill-drafting service for members and committees started in 1919.and committees started in 1919.Run by the “Legislative Counsel of the House” Run by the “Legislative Counsel of the House” who is appointed by the Speaker.who is appointed by the Speaker.Staffed by 35 attorneys and 15 support staff.Staffed by 35 attorneys and 15 support staff.One or two attorneys are experts on particular One or two attorneys are experts on particular policy areas.policy areas.All legislation, including proposed amendments All legislation, including proposed amendments must “go through” leg counsel before they are must “go through” leg counsel before they are introduced.introduced.It is routine for an attorney in the Office who has It is routine for an attorney in the Office who has drafted a bill for a committee to then draft floor drafted a bill for a committee to then draft floor amendments for individual Members on all sides amendments for individual Members on all sides of issues raised by the bill. of issues raised by the bill.

Interest GroupsInterest GroupsInterest groups/lobbying firms are composed Interest groups/lobbying firms are composed of former Hill staffers and members.of former Hill staffers and members.

They have the time and resources to do the They have the time and resources to do the work (research, drafting bills, organizing work (research, drafting bills, organizing meetings and public hearings) that staffers meetings and public hearings) that staffers and members simply cannot do.and members simply cannot do.

They routinely attend strategy meetings with They routinely attend strategy meetings with staffers and members – as if they were on staffers and members – as if they were on the staff! Indeed, because of their resources the staff! Indeed, because of their resources they often are the key players at these they often are the key players at these meetings.meetings.

How a Bill is IntroducedHow a Bill is Introduced

Any member can Any member can put a bill into the put a bill into the hopper by walking hopper by walking on the House and on the House and dropping it in.dropping it in.The member can The member can then say, “I then say, “I introduced introduced legislation to . . .”legislation to . . .”

HearingsHearingsCommittee and Committee and Subcommittee hearings Subcommittee hearings are generally shows to are generally shows to generate press generate press coverage.coverage.Celebrity witnesses Celebrity witnesses and “victims” are key.and “victims” are key.Should the majority Should the majority party fail to schedule party fail to schedule hearings on an issue, hearings on an issue, the minority can stage the minority can stage a “hearing-like” event.a “hearing-like” event.

MarkupMarkup

After hearings, the bill After hearings, the bill is “marked up” by the is “marked up” by the full committee.full committee.

The bill is debated.The bill is debated.

Amendments are Amendments are considered.considered.

A final disposition of A final disposition of and vote on the bill is and vote on the bill is taken. taken.

Committee ReportsCommittee ReportsThe Committee Report describes the purpose and The Committee Report describes the purpose and scope of the bill and the reasons for its scope of the bill and the reasons for its recommended approval. Generally, a section-by-recommended approval. Generally, a section-by-section analysis is set forth explaining precisely section analysis is set forth explaining precisely what each section is intended to accomplish. what each section is intended to accomplish. Committee reports are perhaps the most valuable Committee reports are perhaps the most valuable single element of the legislative history of a law. single element of the legislative history of a law. They are used by courts, executive departments, They are used by courts, executive departments, and the public as a source of information regarding and the public as a source of information regarding the purpose and meaning of the law.the purpose and meaning of the law.The minority party files a “minority views” report. The minority party files a “minority views” report. They have two days to complete it after the final They have two days to complete it after the final committee vote.committee vote.

The Rules Committee RulesThe Rules Committee Rules13 members: 9 majority party, 4 minority.13 members: 9 majority party, 4 minority.Before each bill is considered on the House floor, a rule is adopted Before each bill is considered on the House floor, a rule is adopted that stipulates how it is to be considered.that stipulates how it is to be considered.Open Rule – Historically, most bills had an "open rule'', that is, a rule Open Rule – Historically, most bills had an "open rule'', that is, a rule under which anyone could offer an amendment to the bill.under which anyone could offer an amendment to the bill.Modified Open Rule - More recently the norm is either a rule making in Modified Open Rule - More recently the norm is either a rule making in order a short list of amendments submitted in advance to the Rules order a short list of amendments submitted in advance to the Rules Committee, or a rule prescribing a limited time within which Committee, or a rule prescribing a limited time within which consideration of the bill, and all amendments thereto, must be consideration of the bill, and all amendments thereto, must be completed. completed. The Rules Committee is the only committee that is exempt from The Rules Committee is the only committee that is exempt from having to make a public announcement of the date, place, and subject having to make a public announcement of the date, place, and subject matter of all hearings at least one week before the commencement of matter of all hearings at least one week before the commencement of that hearing.that hearing.The disparity in majority-minority members, so-called "modified open The disparity in majority-minority members, so-called "modified open rules,'‘ and the ability to meet on a moment’s notice are generally rules,'‘ and the ability to meet on a moment’s notice are generally used by the majority party to cut off debate. The result is that bills are used by the majority party to cut off debate. The result is that bills are rarely debated or modified on the House floor.rarely debated or modified on the House floor.

““Debate” and “Vote” on House FloorDebate” and “Vote” on House FloorEach side gets a set Each side gets a set amount of time to speak amount of time to speak on the bill before the on the bill before the vote.vote.

That time is apportioned That time is apportioned among members who among members who want to say something.want to say something.

During the vote, staffers During the vote, staffers and members lobby their and members lobby their colleagues on the floor colleagues on the floor with handouts and with handouts and arguments.arguments.

Knowledge is power.Knowledge is power.

ConclusionConclusion

In the House, the majority has complete power In the House, the majority has complete power and the minority has limited resources: public and the minority has limited resources: public hearings, minority views (report), the press, etc.hearings, minority views (report), the press, etc.The people who know the most (read all the The people who know the most (read all the newspapers, bills, reports, etc.) have the most newspapers, bills, reports, etc.) have the most power.power.Interest groups work closely with members and Interest groups work closely with members and their staffs.their staffs.The U.S. Congress operates very much like The U.S. Congress operates very much like High School student government: slapdash, High School student government: slapdash, rushed, petty . . .rushed, petty . . .