How Legislation is MadeHow Legislation is Made

Introduction of the BillIntroduction of the Bill

Only a member of Congress can Only a member of Congress can introduce a billintroduce a bill

Many, however, are drafted by or Many, however, are drafted by or come at the impetus of a variety of come at the impetus of a variety of sources:sources:– Citizens, NGOs, corporations, special Citizens, NGOs, corporations, special

interest groups, etc.interest groups, etc. A bill can start in either chamber A bill can start in either chamber

(Senate or House)(Senate or House)

In the following scenario, we will In the following scenario, we will assume the bill originates in the assume the bill originates in the

HouseHouse

Committee ActionCommittee Action

Each chamber has standing committees Each chamber has standing committees that consider relevant billsthat consider relevant bills

Each committee has a Chair from the Each committee has a Chair from the Majority and a Ranking Member from the Majority and a Ranking Member from the MinorityMinority

The bill is marked-up by the committee The bill is marked-up by the committee before going to the floorbefore going to the floor

The bill must also pass through the House The bill must also pass through the House Rules CommitteeRules Committee

Bill Reported to the FloorBill Reported to the Floor

Once the bill passes through mark-Once the bill passes through mark-up, the committee has “reported the up, the committee has “reported the bill favorably to the floor.”bill favorably to the floor.”

The Speaker of the House The Speaker of the House determines which bills are discussed determines which bills are discussed and for how longand for how long

Committee Chairs and Ranking Committee Chairs and Ranking Members give out time to debate to Members give out time to debate to other membersother members

The Bill Goes to the SenateThe Bill Goes to the Senate Once the bill has passed the House (by a Once the bill has passed the House (by a

simple majority vote) it is sent to the simple majority vote) it is sent to the Senate.Senate.

The bill is written and introduced with an The bill is written and introduced with an S. bill number. House bills begin with HRS. bill number. House bills begin with HR

The bill is referred to the appropriate The bill is referred to the appropriate committee which hold hearings and make committee which hold hearings and make changes to the billchanges to the bill

The committee reports the bill to the The committee reports the bill to the Senate floorSenate floor

Bill Debate and VotesBill Debate and Votes

Majority Leader determines which Majority Leader determines which bills are scheduled, when, and for bills are scheduled, when, and for how longhow long

Debate in the Senate is unlimited Debate in the Senate is unlimited leading to. . . . . . FILIBUSTER!leading to. . . . . . FILIBUSTER!

FilibusterFilibuster For many years, a filibuster was a Senator For many years, a filibuster was a Senator

or group of Senators speaking for as long or group of Senators speaking for as long as they wished, on any topic, to delay as they wished, on any topic, to delay legislative activity.legislative activity.

Now, due to a rule change, Senators Now, due to a rule change, Senators generally need only to threaten to generally need only to threaten to filibuster. Because it is now so easy to do, filibuster. Because it is now so easy to do, is frequently used (read: almost always) is frequently used (read: almost always) by the minority to block bills, by the minority to block bills,

3/5 of the Senate (60 members) must vote 3/5 of the Senate (60 members) must vote to end the debate and overcome a to end the debate and overcome a filibuster. This is called “Cloture”filibuster. This is called “Cloture”

Both Chambers have Passed the Both Chambers have Passed the BillBill

A simple majority is needed in both A simple majority is needed in both (51%)(51%)

House – 218 votesHouse – 218 votes Senate – 51 votesSenate – 51 votes

ConferenceConference Each chamber has passed its own (often Each chamber has passed its own (often

differing) versions of the same bill and differing) versions of the same bill and those differences must be reconciledthose differences must be reconciled

The bill is considered by a conference The bill is considered by a conference committee made up of both House and committee made up of both House and Senate members who make changesSenate members who make changes

They negotiate, compromise, and send a They negotiate, compromise, and send a revised bill back to both chambersrevised bill back to both chambers

A vote on the “conference report” must be A vote on the “conference report” must be taken and passed in both the House and taken and passed in both the House and SenateSenate

Send to Mr. PresidentSend to Mr. President

The bill is sent to the President to sign into The bill is sent to the President to sign into lawlaw

He may include “signing statements” He may include “signing statements” which includes how the bill should be which includes how the bill should be enforced or if parts should not be enforcedenforced or if parts should not be enforced

The President can veto the billThe President can veto the bill The President can choose not to act:The President can choose not to act:

– If Congress is in session, the bill becomes law If Congress is in session, the bill becomes law after 10 daysafter 10 days

– If Congress is not in session, the bill dies after If Congress is not in session, the bill dies after 10 days (this is called a “pocket veto”10 days (this is called a “pocket veto”

The Bill Becomes the Law of the The Bill Becomes the Law of the LandLand

If the President vetoes, both If the President vetoes, both chambers can reconsider the billchambers can reconsider the bill

2/3 of each chamber is required to 2/3 of each chamber is required to override a veto:override a veto:– House – 369 votesHouse – 369 votes– Senate – 67 votesSenate – 67 votes

If President signs the bill, it becomes If President signs the bill, it becomes federal lawfederal law