CongressionalCongressional

Policy-MakingPolicy-Making

How does a Bill become a Law?

Recap: Political CompetitionRecap: Political Competition

!! Interest group competitionInterest group competition

!! Distributive politicsDistributive politics

!! Collective action and free ridingCollective action and free riding

!! Useful for understanding which interests will beUseful for understanding which interests will be

active but ignores institutional detailsactive but ignores institutional details

OverviewOverview

!! Basic legislative procedureBasic legislative procedure

!! CommitteesCommittees

!! Agenda settingAgenda setting

!! Conference committeesConference committees

Legislative procedureLegislative procedure

Constitutional RequirementsConstitutional Requirements

!! Both chambers must pass identical billsBoth chambers must pass identical bills

!! Requires presidential approval or veto overrideRequires presidential approval or veto override

!! Each chamber can determine its own rulesEach chamber can determine its own rules

Basic versionBasic version

Bill introduced

Committee consideration

Floor consideration

President signs

Bill introduced

Committee consideration

Floor consideration

Many hurdles!Many hurdles!

Bill introduced

Committee consideration

Floor consideration

President signs

Bill introduced

Committee consideration

Floor consideration

HouseHouse SenateSenate

““UnlimitedUnlimited”” debate debate

Subcommittee

Floor schedule (Rules)

Subcommittee

Floor schedule (UCAs)

Sample path for major legislationSample path for major legislation

HR 10

Committee

Floor

President

HR 10

Committee

HouseHouse SenateSenate

Floor

S 5

FloorReplace text ofHR 10 with S 5

Conference committee

Floor Floor

If there is a vetoIf there is a veto……

President

HouseHouse SenateSenate

Floor Floor

3716

6954

827

1236

575 508725 763

498 498

0

1000

2000

3000

4000

5000

6000

7000

Bills

Introduced Committee

consideration

Reported by

committee

Passed Public laws

Senate House

Hurdles, workload, and productivityHurdles, workload, and productivity

Implications for non-market strategyImplications for non-market strategy

!! By design, Congress is By design, Congress is ““conservativeconservative””

!! Easier to block bills than to pass themEasier to block bills than to pass them

!! Many possible places to kill a billMany possible places to kill a bill

!! Usually requires supermajorities to passUsually requires supermajorities to pass

CongressionalCongressional

CommitteesCommittees

Woodrow Wilson,Woodrow Wilson,

Congressional Government Congressional Government (1885)(1885)

Congress in session is Congress onCongress in session is Congress on

public exhibition, whilst Congresspublic exhibition, whilst Congress

in its committee-rooms is Congressin its committee-rooms is Congress

at work.at work.

Why committees?Why committees?

!! Division of laborDivision of labor

!! Information: hearings and investigationsInformation: hearings and investigations

Standing Committees (109Standing Committees (109thth))

HouseHouse

!! AgricultureAgriculture

!! AppropriationsAppropriations

!! Armed ServicesArmed Services

!! BudgetBudget

!! Education and the WorkforceEducation and the Workforce

!! Energy and CommerceEnergy and Commerce

!! Financial ServicesFinancial Services

!! Government ReformGovernment Reform

!! Homeland SecurityHomeland Security

!! House AdministrationHouse Administration

!! International RelationsInternational Relations

!! JudiciaryJudiciary

!! ResourcesResources

!! RulesRules

!! ScienceScience

!! Small BusinessSmall Business

!! Standards of Official Conduct (Ethics)Standards of Official Conduct (Ethics)

!! Transportation and InfrastructureTransportation and Infrastructure

!! VeteransVeterans’’ Affairs Affairs

!! Ways and MeansWays and Means

SenateSenate

!! Agriculture, Nutrition, and ForestryAgriculture, Nutrition, and Forestry

!! AppropriationsAppropriations

!! Armed ServicesArmed Services

!! Banking, Housing, and Urban AffairsBanking, Housing, and Urban Affairs

!! BudgetBudget

!! Commerce, Science, and TransportationCommerce, Science, and Transportation

!! Energy and Natural ResourcesEnergy and Natural Resources

!! Environment and Public WorksEnvironment and Public Works

!! FinanceFinance

!! Foreign RelationsForeign Relations

!! Health, Education, Labor and PensionsHealth, Education, Labor and Pensions

!! Homeland Security and Governmental AffairsHomeland Security and Governmental Affairs

!! JudiciaryJudiciary

!! Rules and AdministrationRules and Administration

!! Small Business and EntrepreneurshipSmall Business and Entrepreneurship

!! Veterans AffairsVeterans Affairs

More from Woodrow Wilson:More from Woodrow Wilson:

The fate of bills [in committee] is generally notThe fate of bills [in committee] is generally not

uncertain...it crosses a parliamentary bridge ofuncertain...it crosses a parliamentary bridge of

sighs to sighs to dim dungeons of silence whence itdim dungeons of silence whence it

will never returnwill never return......

Overlapping jurisdictionsOverlapping jurisdictions

!! Toxic substancesToxic substances

!! Senate Commerce, Science, and Transportation (consumerSenate Commerce, Science, and Transportation (consumer

products)products)

!! Senate Environment and Public Works (environmentalSenate Environment and Public Works (environmental

effects)effects)

!! PharmaceuticalsPharmaceuticals

!! House Energy and Commerce (biomedical research andHouse Energy and Commerce (biomedical research and

consumer affairs)consumer affairs)

!! House Judiciary (patents)House Judiciary (patents)

!! House Science (NSF and NIH)House Science (NSF and NIH)

House Committees with JurisdictionHouse Committees with Jurisdiction

over the Environmentover the Environment

!! AgricultureAgriculture: pesticides, soil conservation: pesticides, soil conservation

!! AppropriationsAppropriations: funding for programs: funding for programs

!! Energy and CommerceEnergy and Commerce: health effects, clean air: health effects, clean air

!! Financial ServicesFinancial Services: open space acquisition in urban areas: open space acquisition in urban areas

!! Government ReformGovernment Reform: EPA oversight: EPA oversight

!! Natural ResourcesNatural Resources: land management, national parks,: land management, national parks,

endangered speciesendangered species

!! ScienceScience: environmental research: environmental research

!! Ways and MeansWays and Means: tax incentives for businesses: tax incentives for businesses

Strategic opportunitiesStrategic opportunities

!! 1964 Civil Rights Act1964 Civil Rights Act

!! Senate Judiciary chair James Eastland, SouthernSenate Judiciary chair James Eastland, SouthernDemocrat (Miss.) opposed to civil rightsDemocrat (Miss.) opposed to civil rights

!! Commerce committee chairman Warren Magnuson,Commerce committee chairman Warren Magnuson,liberal Democratic supporter of civil rightsliberal Democratic supporter of civil rights

!! Sam Brownback and human cloning ban (107Sam Brownback and human cloning ban (107thth))

!! Then-Judiciary chairman Orrin Hatch (R-UT)Then-Judiciary chairman Orrin Hatch (R-UT)supports scientific endeavors to cure diseasessupports scientific endeavors to cure diseases

!! Health committee chairman Judd Gregg (R-NH)Health committee chairman Judd Gregg (R-NH)more sympathetic to Brownbackmore sympathetic to Brownback

CongressionalCongressional

LeadershipLeadership

LeadersLeaders’’ Powers Powers

!! Agenda settingAgenda setting

!! Call meetings and hearingsCall meetings and hearings

!! Block legislation by refusing to consider (e.g.Block legislation by refusing to consider (e.g.

civil rights)civil rights)

!! Hire/fire staffHire/fire staff

!! Manage legislation on floorManage legislation on floor

!! Refer bills to subcommitteesRefer bills to subcommittees

CondorcetCondorcet’’s Paradoxs Paradox

Group decision: which fruit to buy?Group decision: which fruit to buy?

Individual preferences:Individual preferences:

11 22 33

applesapples bananasbananas cherriescherries

bananasbananas cherriescherries applesapples

cherriescherries applesapples bananasbananas

CondorcetCondorcet’’s Paradoxs Paradox

11 22 33

applesapples bananasbananas cherriescherries

bananasbananas cherriescherries applesapples

cherriescherries applesapples bananasbananas

apples apples vs vs bananas: 2 votes for applesbananas: 2 votes for apples

apples apples vs vs cherries: 2 votes for cherriescherries: 2 votes for cherries

cherries cherries vs vs bananas: 2 votes for bananasbananas: 2 votes for bananas

Voting AgendasVoting Agendas

!! Vote 1: A Vote 1: A vs vs BB

!! Vote 2: Winner of Vote 1 Vote 2: Winner of Vote 1 vs vs CC

A B

A C B C

Voting AgendasVoting Agendas

!! Forward looking votingForward looking voting

!! What would happen in second stage?What would happen in second stage?

A B

A C B C

Voting AgendasVoting Agendas

!! Strategic votingStrategic voting

!! First stage is really B First stage is really B vs vs C:C:

(C) A B (B)

A C B C

Voting AgendasVoting Agendas

!! Strategic votingStrategic voting

!! First stage is really B First stage is really B vs vs C:C:

(C) A B (B)

A C B C

Agenda 2Agenda 2

!! What about a different agenda?What about a different agenda?

!! B B vs vs C, then winner C, then winner vs vs A:A:

B C

B A C A

Agenda 2Agenda 2

!! Strategic voting: First vote A Strategic voting: First vote A vs vs CC

!! C winsC wins

(A) B C (C)

B A C A

Agenda 3Agenda 3

!! There is a third possible agendaThere is a third possible agenda

!! Here, A winsHere, A wins

A (A) C (B)

A B C B

Agenda SettingAgenda Setting

!! Each agenda produced a different final outcome!Each agenda produced a different final outcome!

!! Control over the agenda Control over the agenda !!

significant influence over policy choicessignificant influence over policy choices

ConferenceConference

CommitteesCommittees

Resolving differencesResolving differences

!! Recall constitutional requirement that identicalRecall constitutional requirement that identical

language pass both chamberslanguage pass both chambers

!! Amendments between chambersAmendments between chambers

!! Chamber can Chamber can ““disagreedisagree”” to other chamber to other chamber’’ss

amendments and request conference committeeamendments and request conference committee

Conference CommitteesConference Committees

!! Usually small or moderately sized (Usually small or moderately sized (avg avg 25 from25 from

House, 12 from Senate)House, 12 from Senate)

!! No formal rules No formal rules !! Bargaining and negotiation Bargaining and negotiation

!! Requires simple majority of conferees from eachRequires simple majority of conferees from each

chamberchamber

!! Last-mover advantage: Take it or leave it offerLast-mover advantage: Take it or leave it offer

late Sen. Paul Wellstone, D-MNlate Sen. Paul Wellstone, D-MN

I used to teach political science classesI used to teach political science classes……I need toI need torefund tuition to students for those 2 weeks I taughtrefund tuition to students for those 2 weeks I taughtclasses on the Congress. I was so off in terms of a lotclasses on the Congress. I was so off in terms of a lotof the decision-making.of the decision-making.

I should have focused on the conferenceI should have focused on the conferencecommittees as the third House of Congress, becausecommittees as the third House of Congress, becausethese folks can do any number of things. And the thingthese folks can do any number of things. And the thingthat drives me crazy is you can have a situation wherethat drives me crazy is you can have a situation wherethe Senate did not have a provision in the bill, and thethe Senate did not have a provision in the bill, and theconference committee just puts it in the bill. Then itconference committee just puts it in the bill. Then itcomes back for an up-or-down vote. No opportunitycomes back for an up-or-down vote. No opportunityto amend.to amend.

Conference committeesConference committees

““Conferences are marvelous. TheyConferences are marvelous. They’’re mystical.re mystical.TheyThey’’re alchemy. Itre alchemy. It’’s absolutely dazzling whats absolutely dazzling whatyou can do.you can do.”” (former Sen. Alan Simpson, R- (former Sen. Alan Simpson, R-WY)WY)

Example: In 1999, conferees added the $313Example: In 1999, conferees added the $313BILLION Labor-Health and Human ServicesBILLION Labor-Health and Human Servicesappropriations bill to the $429 MILLION D.C.appropriations bill to the $429 MILLION D.C.appropriations bill.appropriations bill.

Inserted in 2005 emergencyInserted in 2005 emergency

supplemental conference reportsupplemental conference report

!! $2 million for Drew University (NJ), which has$2 million for Drew University (NJ), which has

2,600 students2,600 students

!! $2 million for National Center for$2 million for National Center for

Manufacturing Sciences (MI)Manufacturing Sciences (MI)

!! $4 million to pay debt of Fire Sciences Academy$4 million to pay debt of Fire Sciences Academy

(NV)(NV)

!! Allow natural gas exploration in a National ParkAllow natural gas exploration in a National Park

(MS)(MS)

SQSQBBBBBBBBBBBBBill Bill vsvs SQ SQ

GGFFEEDDCCBBAA

SQSQSQSQSQSQABABABABABABABABAmendedAmended

Bill Bill vsvs SQ SQ

SQSQBBBBBBBBBBBBBill Bill vsvs SQ SQ

GGFFEEDDCCBBAA

Implications for non-market strategyImplications for non-market strategy

!! Up or down votes Up or down votes !! Last mover advantage Last mover advantage

!! Have congressional allies insert provisions inHave congressional allies insert provisions in

must-pass legislationmust-pass legislation

SummarySummary

!! Many hurdles and decision pointsMany hurdles and decision points

!! process biased against new lawsprocess biased against new laws

!! Many alternative paths for enacting lawsMany alternative paths for enacting laws

!! committees with overlapping jurisdictionscommittees with overlapping jurisdictions

!! last-minute provisions in conference committees last-minute provisions in conference committees

!! InstitutionInstitution’’s procedures matters procedures matter

!! knowledge of procedure provides strategicknowledge of procedure provides strategic

advantagesadvantages

Implications for StrategyImplications for Strategy

!! Easier to prevent than to obtain policy changeEasier to prevent than to obtain policy change

!! Know key players whose support you may needKnow key players whose support you may need

!! Committee and subcommittee chairmenCommittee and subcommittee chairmen

!! Committee and subcommittee membersCommittee and subcommittee members

!! Median voter, potential filibustersMedian voter, potential filibusters

!! Write legislation to fall in the jurisdiction ofWrite legislation to fall in the jurisdiction offavorable committeesfavorable committees

!! Take advantage of conference committeesTake advantage of conference committees’’ last lastmover advantagemover advantage

Next weekNext week

!! RepresentationRepresentation

!! LobbyingLobbying

!! Political strategyPolitical strategy