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How a Bill becomes a Law. Tracking the US legislative process. Any person(s) can suggest a bill be formally proposed. Student Retiree Politician Legal Alien. Professional Unemployed person Interest Group Journalist. Idea!. Formal Proposal.
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How a Bill becomes a Law Tracking the US legislative process
Any person(s) can suggest a bill be formally proposed. Student Retiree Politician Legal Alien Professional Unemployed person Interest Group Journalist Idea!
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 Sen. Pat Toomey (R) Sen. Bob Casey (D) Rep. Jim Gerlach (R) Rep. Pat Meehan (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) 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 July 20, 1981 - Martina Navratilova is granted U.S. citizenship, six years after she defected from Czechoslovakia.
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)
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 Standing Committees - Workhorses of Congress
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 :l
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 CommitteeHouse of Representatives!!! • Establishes debate time • Sets criteria for allowing/forbiddingamendments
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 ChamberSenate • 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
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 Voting - Senate and H.R
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! US President Barack Obama signs the Family Smoking Prevention and Tobacco Control Act Obama signs $787bn economic stimulus bill
2. Veto • President explains why disagrees w. the bill and can make suggestions for changes. The end of the road for most bills.
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” 3 & 4. Do nothing
Congressional Overrideof Veto • 2/3 vote in both chambers. • Bill becomes a law!
President Obama’s Pet Bo http://www.whitehouse.gov/about/inside-white-house/holidays