How a Bill becomes a Law Tracking the US legislative process.
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Transcript of 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”