What's Next for the EFCA
By John Walk, Senior Government Relations Advisor
On February 5, 2007, Congressman George Miller (D-CA), Chairman of the House Committee on Education and Labor re-introduced H.R. 800, the Employee Free Choice Act. The Chairman was joined by co-sponsors from both parties. Stalled in the previous Republican controlled Congress, this legislation is a priority item for House and Senate Democrats.
The Subcommittee on Health, Education, Labor, and Pensions held a hearing on the legislation on February 8. It is uncertain if more hearings are planned at this time. The timing of the Subcommittee's initial actions suggest that H.R. 800 is on the fast track through the Committee process.
The full Committee will eventually “mark up” the legislation, during which time the Committee will make revisions and additions to the bill. Prior to full Committee consideration, however, the Subcommittee may hold its own “mark up” session. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject the Committee’s legislation before conducting a final passage vote.At this time, there is no scheduled date for a mark-up of the legislation. However, during the expected Committee mark-up of the legislation, many opponents of the legislation will likely attempt to offer amendments both to correct some of the provisions they deem problematic and to undermine the impact of the legislation. Because the Committee ratio favors Democrats by a margin of 27 to 22 and all Democratic Members of the Committee are co-sponsors of H.R. 800, passage through the panel is almost certain. A simple majority is all that is required. There may however, be amendments adopted during the process which could adjust or modify specific provisions of the bill before it is reported to the full House for consideration. Hence, the bill may not be enacted in its current form.
Upon Committee adoption of the bill, it will be sent to the floor for full consideration subject to a rule that will be drafted by the House Rules Committee. The Rules Committee will probably act very quickly on the bill once it passes the Education and Labor Committee. The Rules Committee has the authority to adopt rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. It is likely that the Rules Committee will pass a modified rule to control the kinds of amendments allowed for consideration on the House floor. Hence, some amendments may be accepted but in all likelihood the rule will be restrictive which means that many Members will not be allowed to offer changes to the legislation. The measure will then be placed on the calendar, brought up for consideration, debated, and then voted upon. The bill is expected to receive a majority of votes which is all that is required to pass.At this time, Senator Kennedy (D-MA) is expected to re-introduce his own companion measure of the legislation. The Senator is the Chairman of the Senate Health, Education, Labor, and Pensions Committee which has jurisdiction over the matter. Senator Kennedy introduced the same measure last year which garnered 44 Senate co-sponsors. Because of parliamentary rules in the Senate that affords the minority greater influence over the parliamentary process, opponents of the measure in the Senate stand a greater chance to block or make more substantial changes to the legislation.
If the bill passes both chambers there will be a conference over the legislation. This Conference Committee will involve members of both the House and Senate who will resolve differences between the two chambers' version of the legislation and report it back to the House and Senate respectively for final passage without the opportunity to amend. If passed, the bill will be presented to the President for his signature or veto.
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