How A Bill Becomes A Law Structure of the Capital How A Bill Becomes A Law Overview Step #1: Introducing A Bill Anyone may introduce a Bill 1. In the House of Representatives: a) 1) 2) In the Senate: b) 1) 2. Hand Bill to a clerk Drop Bill into a “hopper” Being recognized by the presiding officer and announcing the bill’s introduction Bill is numbered and sent to a printer Step #1: Introducing A Bill Types of Bills: a) Public- public affairs b) Privatea) a person pressing a financial claim against the government b) Seeking special permission for something (citizenship) (once numerous) Types of Resolutions a) Simple (passed by either house) a) Used for matters such as establishing the rules under which each body will operate Types of Resolutions (Cont) b) Concurrent a) Settles housekeeping and procedural matters that impact both houses Both Simple and Concurrent are not signed by the president and do not have the force of law c) Resolution- Joint Resolutionsa) Requires approval of both houses + the signature of the President a) Essentially, same as law b) Often used to propose constitutional amendments… Rushing Legislation… What happens to bill after Congressional Session ends? Congressional Motivation: Lengthy process Role of Constituents Presidential Motivation: Lengthy process Can not introduce bill himself Parties in Power Midterm Elections Step #2: Study By Committee Types of Committees: Standing or Full Committees 21 House & 17 Senate Special or Select Committees Sub Committees Joint Committees Rules Committee Conference Committee Committee of the Whole Bill referred to a committee by either; 1. a) b) Speaker of the House Presiding officer of the Senate Rules govern which committee will get a bill Rules vary per house Step #2: Study By Sub-Committee 2. Referred to a Subcommittee Small divisions of the Full or Standing Committees What happens in a subcommittee? Witnesses appear Evidence is taken Questions are asked Hearings used to a) b) c) Sub Committees are the research arm of the larger, Full/Standing Committee. d) a) b) c) Inform members Permit interest groups Build public support Pros of Hearings Cons of Hearings Step #2: Study By Sub-Committee Multiple Referral- Purpose and effectiveness Sequential Referral Purpose and effectiveness 3. After hearing, sub-committee “marks up” bill a) b) Make revisions and additions Changes do not become part of the bill a) Unless they are approved by the House of which the committee is apart] Step #2: Study By Committee 4. Back to the Standing Committee for a possible vote After being studied in Sub Committee, bills are returned to the full committee for further debate. a) If majority of the committee votes to report a bill out of committee, it goes on Accompanied by a report that explains: Why the committee favored it Why they wish to see its amendments, if any, adopted b) If the committee does not report favorably on the bill, the bill dies Note about Committees: Committees may hold bills hostage! Discharge Petition Full House or Senate can get a stalled bill out of committee and onto the floor with a d.p. House needs 218 votes Senate needs a motion and a vote Out of Committee…onto Rules 5. Bill must be placed on calendar before it can go before the house again Though it goes on the calendar, Not considered in order or Necessarily at all 6. Moves onto Rules Committee Are we done yet? I’m bored Rules Committee Adopt a rule to govern the procedures under which the bill will be considered 1. Closed Rule: a) b) sets strict time limits on debate forbids the introduction of amendments from the floor (except if offered by sponsoring committee) Open Rule: 2. a) Permits amendments Restrictive Rule: 3. a) Exceptions to the Rules: In House: 1. Member can move that the rules be suspended Requires 2/3 vote 2. A discharge position can be filed 3. House can use the “Calendar Wednesday Procedure” Rules are in place to prevent “riders” Permits some amendments but not others Provision added to legislation that is not germane to the bill’s purpose “Christmas Tree” Bill Purpose of Riders? Step #3: Floor Debate THE SENATE THE HOUSE Discussed by “Committee of the Whole” 1. a) b) Speaker chooses presider Committee debates, amends, decides final shape During this time, no riders allowed- unless related to bill’s purpose Time for debate divided evenly 2. 3. Whoever is present at the time Quorum for C.W.: 100 ppl (usually 218) 5 minutes per person “Quorum Call”- time staller No rule limiting debate Senators can speak as long as they want Remarks need not be relevant Anyone can offer an Amendment at anytime Amendments need not be germane Often had many riders No Committee of the Whole If house has passed a bill, Committee hearing can be waived in Senate Senate Filibuster- time staller Step #3: Floor Debate THE SENATE (continued) Filibuster -The use of obstructionist tactics, especially prolonged speechmaking, for the purpose of delaying legislative action. Strom Thurmond set a record in 1957 by filibustering the Civil Rights Act of 1957 for 24 hours and 18 minutes, although the bill ultimately passed. Thurmond broke the previous record of 22 hours and 26 minutes set by Wayne Morse (I-OR) in 1953 protesting the Tidelands Oil legislation. Visited a steam room before his filibuster in order to dehydrate himself so he could drink without urinating. An aide stood by in the cloakroom with a pail in case of emergency.“ Cloture Rule- parliamentary procedure by which debate is ended and an immediate vote is taken on the matter under discussion. Requires 16 Senators for petition Motion is voted on 2 days after petition is introduced To pass, 3/5 of Senate membership is needed- 60 Senators If passed, each Senator is limited to 1 hour of debate After that, total debate can only = 100 hours (including role call) vs. Step #3: Floor Debate Cloture (Continued) Double Tracking One way to keep Senate going during cloture Disputed bill is shelved temporarily so that the Senate can get other work done Step #4 Voting THE HOUSE Voice Votea) Yea vs Nay 2. Division (Standing Vote)a) Stand and be counted (in both, members names are not recorded) 3. Teller Votea) the members pass between two tellers..yeas first, nays second b) Usually recorded 4. Role Call Votea) Yea or Nay to people’s names b) Can be done at the request of 1/5 of reps present 1. The Senate 1. No teller vote and not electronic counters Step #5 (Sometimes): Reconciling Different Bills If a bill passes the house differently in the House than in the Senate, differences must be reconciled. If changes minor, last house may refer back to first house to accept alterations If differences are major, bill goes to conference committee: Each house votes to make committee Members picked by chairperson of the House + Senate Committees that have been handling the bill 3-15 members per house (depending on bill) Decision must be approved by majority of all members Bill goes back to each house to accept or reject Step #6: Off To The White House If bill is accepted by both houses, goes to President President’s options: Sign or veto If President signs, Bill becomes a law! If President vetos, bill goes back to Congress Congress can override with a 2/3 vote of members present in each house (if quorum exists) Vote must be a roll call Review… 1. 2. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Who can propose a bill? How is a resolution different from a bill? Simple Concurrent In which house do “bills for raising revenue” get proposed? Why? Why is it cool to be on the ways and means committee? What does an appropriation mean? Os multiple referral of a bill better than the traditional way of referring a bill? Is the discharge petition useful in speeding things up? Why is adopting a closed rule most common in the House, not in the Senate? How is the “Committee of the Whole” different from a quorum? What are some differences that exist as far as Floor Debate in each house? What is a filibuster? Does cloture help move things along? What are the advantages/disadvantages of a teller vote? Does Congress take too long to accomplish its goal? Are there too many members concerned with self interest? The End!