How a Bill becomes a Law

Tracking the US legislative process

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. Jim Gerlach (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)

July 20, 1981 - Martina Navratilova is granted U.S. citizenship, six years after she defected from

Czechoslovakia.

Victor Chukwueke, Nigerian, granted permanent residency in 2012. Allowed him to go to medical school. http://www.cnn.com/2012/12/29/world/africa/us-nigerian-obama-law/index.html?hpt=hp_t3

Referral to Committee - Senate

• President pro Tempore of the Senate refers the bill to a standing committee; confers with the Majority Leader in deciding where to send it.

• Senator Pat Leahy, VT. Born 1940, serving since 1975

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.

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. Cannot be at same time anymore (multiple) must be sequential – around since Newt)

Standing Committees - Workhorses of Congress

• House of Representatives: 22 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- report w/out

recommendation

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).

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.

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

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/pagelayout/legislative/a_three_sections_with_teasers/votes.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!

US Congress

White House

President Obama’s Pet Bo

http://www.whitehouse.gov/about/inside-white-house/holidays