How a Bill becomes a Law

Tracking the US legislative process

http://www.youtube.com/watch?v=FFroMQlKiag

Idea!

• Any person(s) can suggest a bill be formally proposed.

– Student

– Retiree

– Politician

– Legal Alien

– Professional

– Unemployed person

– Interest Group

– Journalist

Formal Proposal

– Only a member of the House of Representatives (435) or a member of the Senate (100) may formally submit a bill.

– Placed in “hopper”-HR; read in Senate

Rep. Pat Meehan (R)

Sen. Pat Toomey (R)

Sen. Bob Casey (D)

Rep. Ryan Costello (R)

Public v. Private Bills

• Most bills public (e.g. Safe Highways and Infrastructure Preservation Act)

• Some private (particular individual – e.g. financial claim against gov’t or naturalized citizen)

• Appropriation bill- authorizes the government to spend money

• Resolutions- joint and concurrent

Referral to Committee - Senate

• President pro Tempore of the Senate (Pat Leahy VT) refers the bill to a standing committee; confers with the Majority Leader (Mitch McConnell, KT) in deciding where to send it.

Referral to Committee - H. R.

• In the House of Representatives, the Speaker of the House refers the bill to a standing committee.

• Can decide fate by choice. Also bills can go through two or more committees.

Standing Committees - Workhorses of Congress

• House of Representatives: 20 Standing Committees - Chair: Voted in, often ranking majority member.

• Examples of CommitteesAppropriations,Budget , Judiciary,

& Ways and Means• http://appropriations.senate.gov

• Senate: 16 Standing Committees - Chair: Ranking member of majority party. Minority Party’s leader is their ranking member

Committee Hearings and Procedures

• Membership varies; if 20 or more, then at least FOUR subcommittees required.

• 1. Asks executive agencies for comments

• 2. Holds hearings for public to voice views

John Spratt, Chair

Committee Hearings, continued

• 3. Perfects the bill through amendments

• 4. Decides fate of bill- pigeonhole*

- report favorably or not- report

w/recommendation http://www.youtube.com/watch?v=ewPburLEZyY

http://www.cbsnews.com/video/watch/?id=681509n

Getting Stuck Bills Out of Committee

• H.R. Discharge Petition: Signed by 218 members. Hard to do and rarely used (800 efforts last century ~24 succeeded).

• Senate- a member can move to discharge a bill (simple majority).

• Rider-add’l provision placed

on a bill

The Rules Committee House of Representatives!!!

• Establishes debate time

• Sets criteria for allowing/forbidding amendments

Three Types of Rules - Closed: amendments not permitted.

Debate restricted (<5 min).

- Modified Open: germane (relevant) amendments. Debate limited (5-10 min).

- Open: amendments ok. Debate (5-15).

Consideration in the Full ChamberHouse of Representatives

• Committee of the Whole (100 Reps) needed for debate to commence for amendments to bills.

• Quorum (218) needed for debate on fate of bill.

• Speaker sets agenda when bills will be debated, calls on Representatives to speak. Limits time and amendments according to Rules Committee criteria.

• Calls for vote when debate time elapses or members request it. Speaker’s chair.

http://www.cbsnews.com/8301-503544_162-57405846-503544/dem-rep-bobby-rush-escorted-from-house-floor-for-wearing-hoodie-in-honor-of-trayvon-martin/)

Consideration in the Full Chamber

Senate

• No formal rules for debate or adding amendments.

• Presiding officer’s power rests with ability to call on Senators. Only exception is Vice President who can cast tie-breaking vote.

Senate Debate continued

• Filibuster - device used by minority faction to stop a bill from being voted on (would pass). Longest filibuster by Strom Thurmond - spoke 24 hrs +

• Continue talking until majority agrees to withdraw the bill from consideration or attempts cloture.

Senate - Filibusters continued

• Cloture -Way to stop a filibuster- 16 Senators sign a petition

- 2 days wait time- Vote taken on floor of

Senate; if 60+ agree, then rules of cloture invoked - Debate limited 1 hour per Senator - Vote on bill taken, usually passes

16

http://www.youtube.com/watch?v=HX8aFpnWxPAhttp://www.youtube.com/watch?v=GD-lFCsYOPs&feature=bf_prev&list=PLDC022132D5816E1A

http://www.youtube.com/watch?v=JRiJ_rOqkC0&NR=1&feature=endscreen

Voting - Senate and H.R

• Senate - majority needed (51) to pass.

• Types of Voting same as H.R. except no teller - vote.

• * Note - names recorded only for teller (upon request by H.R. members) and roll call votes.

• http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_112_2.htm

• House of Reps - majority required (218) to pass.

• Types of Voting include:

• 1. Voice (aye v. no)

• 2. Standing (count)

• 3. Teller* file by clerk

• 4. Roll Call* electronic

Conference Committee

• Necessary if the H.R. and Senate pass different versions of same bill.

• Members of both chambers (typically from committee which originally examined the legislation) make compromise version which needs to be approved by both chambers: 50%+

Presidential Action

• After both chambers approve a bill it is sent to the White House for signature. The Presidents has FOUR options….

1. Sign it!

Obama signs $787bn economic stimulus bill US President Barack Obama signs the Family Smoking Prevention and Tobacco Control Act

2. Veto

• President explains why disagrees w. the bill and can make suggestions for changes. The end of the road for most bills.

3 & 4. Do nothing

• 3. After 10 days bill becomes a law. Unless… see #4.

• 4. If it is during the last 10 days of a term of Congress, then it dies. This is considered a “Pocket Veto”

Congressional Overrideof Veto

• 2/3 vote in both chambers.

• Bill becomes a law!