Legislative Process Flashcards
Bill
-The principal vehicle lawmakers use to introduce their proposals (enacting or repealing laws)
-A proposed law, introduced during a session for consideration by the Legislature
-Bills may originate in either the House of Reps or the Senate
Act
-Legislation (a bill or joint resolution):
-that has passed both chambers of Congress in identical form,
been signed into law by the President, or passed over his veto, thus becoming law
-A bill also becomes an act without the president’s signature if he does not return it to Congress within ten days, Sundays excepted, while Congress is in session.
Statute
-Compilation of all enacted bills by a legislature of a government, whether federal or state.
-US Constitution is the supreme law of the land
-Federal laws (statutes), enacted by the US Congress, must be followed by every state
-If a state law contradicts a federal law, the federal statute preempts the state law, and the state will be required to abide by the federal statute.
-However, federal laws do not cover all areas of the law, and in those instances, state or local laws will control
Amendment
-Proposal to change language of a bill or law (offered in Committee on floor of the House or Senate)
-is usually printed, debated and voted upon in the same manner as a bill
-Committees do not actually amend measures during markup; instead, a committee votes on what amendments it wishes to recommend to its parent chamber (Full House or Senate).
-when these are offered in Senate committee markups are generally not subject to debate limitations (rules). Therefore, it is possible for opponents to filibuster an amendment
Regulation
-Laws often do not include the details needed to explain how an individual, business, state or local government must follow the law
-To make the laws work on a daily basis, Congress authorizes certain government agencies - including EPA - to create regulations
-Regulations set specific requirements about what is legal and what isn’t.
-A regulation issued by EPA to implement the Clean Water Act or Safe Drinking Water Act explains in DETAIL how a State must undertake the objectives of each law
Code of Federal Regulations
when this has been printed in the Federal Register as a final rule, it is codified when it is added to the __
-official record of all regulations of the federal govt.
-It is divided into 50 volumes, called titles, each of which focuses on a particular area.
-Almost all environmental regulations appear in Title 40.
-revised every July 1.
-Has the force and effect of law
-A “must” vs “should or may”
-Involve “notice and comment” rulemaking
Guidance
-“General Statements of Policy”
-Intended to “Clarify” the relevant Regulation
-A “should or may”
-Notice and comment not required
-Not binding on Agency or Public (IRG)