Evening Update – Terms To Know

Administrative Terms

Advance Notice of Proposed Rulemaking (ANPRM) – An ANPRM is a formal invitation by a federal agency to participate in shaping a proposed rule that starts the notice and comment process. Individuals and groups may submit comments intended to provide information to an agency and, where applicable, improve the preliminary drafted proposal.

Final Rule – Following the ANPRM and NPRM (see above and below) process, federal agencies will publish final rules in the Federal Register. A final rule provides a summary, basis and purpose of the rule, additional contextual information, and a citation of statutory authority allowing such a rule. Final rules are generally effective no less than thirty days after the Federal Register publication date.

Federal Register – The Federal Register is the federal government’s daily publication for presidential documents, executive orders, and regulatory proposals (ANPRM, NPRMs and final rules) by federal agencies.

Notice of Proposed Rulemaking (NPRM) – Often shaped by an ANPRM (see above), a NPRM is an official document published by a federal agency that announces and details the agency’s plan to address an issue or achieve a goal. All proposed rules are published in the Federal Register (see above) to allow the public a chance to provide comments to inform the agency’s final rule.

Reduction in Force (RIF) – A Reduction in Force (RIF) is the federal government’s process of laying off or reassigning employees due to a lack of funding, agency reorganization, lack of work, and/or the transfer or elimination of the role. RIF is not a disciplinary action. Each federal agency has its own authority to make decisions about what positions are terminated or transferred.

Congressional Terms

Amendment in the nature of a substitute (ANS) – An amendment in the nature of a substitute, or “ANS,” is an amendment to legislative text that replaces the entirety of the bill text.

Cloture – Cloture was a procedural tool introduced to the Senate in the early 1900’s that allows the Senate to limit debate on a measure or matter. A cloture motion to bring to a close the debate on any measure, motion or other matter pending before the Senate must be signed by at least sixteen Senators, and (with few exceptions) may be presented at any time. The motion is then filed with the Senate Clerk. Once filed, a vote to invoke cloture, or limit debate, will occur on the second day of session after filing. Adoption of a cloture motion requires 60 votes to invoke. If cloture is invoked, debate on a bill or issue is then limited to 30 hours, allowing a vote on final passage on the clotured matter to occur at the expiration of this time.

Committee markup – A committee or subcommittee markup is a meeting where members offer, debate, and vote on amendments to a measure, before voting on passage out of committee.

Reported – “Reported” refers to the formal submission of a bill to the full House or Senate from a committee following committee passage, or submission to a full committee following passage out of a subcommittee.

Committee report – Committee reports accompany legislation favorably reported from (passed out of) a committee. They lay out the purpose of the legislation and provide section-by-section descriptions of the bill.  They also add the history of the bill, votes on amendments and on final passage, as well as a cost estimate provided by the Congressional Budget Office.

Conference Committee – A conference committee is a temporary committee formed and consisting of selected members of the House and Senate to allow the two legislative bodies to resolve differences in House- and Senate-passed versions of a measure. A Motion to Conference with the appointment of conferees creates such committees.

Congressional Review Act – The Congressional Review Act (5 USC Ch. 8), or “CRA,” is a tool provided to Congress that allows the legislative body to overturn certain federal agency actions and regulations. CRAs are introduced as a “joint resolution of disapproval,” in which the joint resolution must be introduced during a 60-day continuous session period beginning when the rule has been published in the Federal Register (see above) and received by Congress. More information on the mechanisms of a CRA can be found here.

Continuing resolution – A continuing resolution act provides temporary funding to continue certain programs and activities until regular appropriations acts are completed (or are not enacted by the beginning of the fiscal year, October 1).

En bloc – “En bloc” translates from French to “in block,” or “the whole thing.” At times, committees or legislative chambers will agree to act concurrently on multiple measures (bills, nominations, etc.). Recently, we have seen the Senate utilize en bloc actions to confirm large groups of nominees. More information on how the Senate has utilized this tactic to confirm nominees can be found under “nuclear option” (see below).

Party caucus/conference – A party caucus or conference is the official organization consisting of all members of a political party serving within a congressional chamber.

Filibuster – The filibuster is a loosely defined term that encompasses a variety of tools used to prolong debate and delay a vote on a measure in the Senate. In 1917, the Senate adopted the “Cloture” rule (see above), allowing for 60 of 100 senators to vote to invoke cloture and start a countdown to the end of debate.

Four Corners – “Four Corners” refers to the Senate Majority Leader, Senate Minority Leader, Speaker of the House, and House Minority Leader.

Manager’s amendment/package – A manager’s amendment or manager’s package refers to an amendment that contains a number of individual amendments to a bill.

Nuclear option – The “nuclear option” is a procedural tactic used by the Majority party in the Senate that allows the party to override existing Senate rules with a simple majority vote, as opposed to the typical 60-vote threshold required to end debate. Senate Republicans utilized this tactic last September to speed up the confirmation of federal nominees, as Senate Democrats had used their Minority powers to extend debate and prolong the confirmation process for each nominee. Following a failed vote to invoke cloture on an en bloc group of nominees (did not reach 60 votes) and a successful vote on the motion to reconsider the cloture motion, Senate Majority Leader John Thune (R-SD) made a point of order (see below) that cloture on nominations en bloc should be at a majority threshold, rather than 60 votes. The Chair ruled that the threshold for cloture on en bloc nominations is 60 votes. The Senate voted on the question of whether the Chair’s decision should stand, overruling the Chair – the nuclear option – and lowering the en bloc cloture threshold to a simple majority.

Point of order – Simply put, a point of order is an appeal raised by a member, often in cases where the Senate’s legislative rules and precedents are in danger of or perceived as being violated. Points of order are decided by the Senate Chair; however, as described above, the Senate may appeal the Chair’s decision and hold a simple majority vote on whether the Chair’s decision shall stand.

Pro forma – In a formal sense, a pro forma session in the House or Senate covers any session held to prevent the occurrence of a recess of the session (recess occurs when an adjournment lasts for more than three days in session). However, the term has been used to describe a short daily session, often minutes in length, in which little to no legislative business occurs.

Report language – A report language serves the same purpose as a Committee Report (see above) and accompanies the post-committee and final versions of legislation. For bicameral legislation, report language is referred to as a “joint explanatory statement.”

Suspension of the rules – A House procedure that streamlines the consideration of a measure that has widespread support by preventing floor amendments, limiting debate to 40 minutes, and requiring a two-thirds majority for measure passage.

Stopgap bill – A stopgap bill is another term for a continuing resolution (see above).

Unanimous consent request/agreement – A unanimous consent request is a proposal that all members of a chamber or congressional committee agree to set aside one or more chamber or committee rules on certain actions and votes. If any member objects to the request, it is not agreed to.