![]() The Legislative Process The Daily Order of Business The extent to which the Senate uses unanimous consent arrangements to
supplement or supplant operation of its standing rules makes it difficult to
predict with confidence what will actually take place on the Senate floor
each day. Some of the problems that can arise in scheduling legislation and
in anticipating the time that will be consumed and the amendments that
Senators will offer during consideration of each bill already have been
mentioned. But the other proceedings that occur each day also depend on
whether the Senate decides to operate under or outside of its rules.
The time at which the Senate convenes each day is set by a resolution the
Senate adopts at the beginning of each Congress, but that time is often
changed from day to day by unanimous consent, at the request of the
Majority Leader, to suit changing circumstances. When the Senate does
convene, and after the opening prayer, a brief period of "leader time" is set
aside for the Majority Leader and for the Minority Leader, under a standing
order also established at the beginning of the Congress. During this time, the
two party leaders may discuss the legislative schedule as well as their views
on policy issues, and they also may conduct non-controversial business by
unanimous consent.
What happens thereafter depends on whether the Senate is beginning a new
legislative day. A legislative day begins when the Senate convenes after an
adjournment and continues until the next adjournment. When the Senate
recesses at the end of a day, as it often does, a legislative day continues for
two or more calendar days. Standing Rules VII and VIII prescribe what
the Senate should do at the beginning of each new legislative day, and one
of the reasons the Senate frequently recesses from day to day is to set aside
the requirements imposed by these rules.
Under the two standing rules, the first two hours of session on each new
legislative day are called the Morning Hour. They are a period for
conducting
routine business at a predictable time each day that does not interfere with
the consideration of major legislation. The Morning Hour begins with the
transaction of "morning business," which includes the introduction of bills
and joint resolutions and the submission of Senate and concurrent
resolutions and committee reports. During the remainder of the Morning
Hour, the Senate can act on bills on the Calendar of Business, even voting
to consider them by non-debatable motions. At the end of the Morning
Hour, the Senate resumes consideration of the unfinished
business--whatever bill, if any, was the pending business when the Senate
adjourned.
In practice, the Senate very often recesses at the end of the day, so there is
no Morning Hour on the following day of session. Instead, the Majority
Leader usually arranges by unanimous consent for "a period for transacting
routine morning business" that follows "leader time." Senators make brief
statements on whatever subjects they like during this period, the length of
which can change from day to day, depending on the legislative schedule.
Also by unanimous consent, there may be other periods for transacting
morning business during the course of the day when there is time available
and when Senators wish to speak on subjects unrelated to the pending bill.
After the Morning Hour or the period for transacting routine morning
business, the Senate normally resumes consideration of the bill that is either
the unfinished business (if the Senate had adjourned on the preceding day)
or the pending business (if the Senate had recessed instead). However, this
bill may be set aside, temporarily or indefinitely, in favor of other legislative
or executive business if the Senate agrees to motions or unanimous consent
requests made for that purpose by the Majority Leader. Before the end of
the day, the Majority Leader also makes arrangements for the following
day--establishing a meeting time by unanimous consent and commenting on
the expected legislative program.
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