How Legislation is Made

1. How Legislation is Made

4. Introduction of the Bill • Only a member of Congress can introduce a bill • Many, however, are drafted by or come at the impetus of a variety of sources: • Citizens, NGOs, corporations, special interest groups, etc. • A bill can start in either chamber (Senate or House)

5. In the following scenario, we will assume the bill originates in the House

6. Committee Action • Each chamber has standing committees that consider relevant bills • Each committee has a Chair from the Majority and a Ranking Member from the Minority • The bill is marked-up by the committee before going to the floor • The bill must also pass through the House Rules Committee

7. Bill Reported to the Floor • Once the bill passes through mark-up, the committee has “reported the bill favorably to the floor.” • The Speaker of the House determines which bills are discussed and for how long • Committee Chairs and Ranking Members give out time to debate to other members

8. The Bill Goes to the Senate • Once the bill has passed the House (by a simple majority vote) it is sent to the Senate. • The bill is written and introduced with an S. bill number. House bills begin with HR • The bill is referred to the appropriate committee which hold hearings and make changes to the bill • The committee reports the bill to the Senate floor

9. Bill Debate and Votes • Majority Leader determines which bills are scheduled, when, and for how long • Debate in the Senate is unlimited leading to. . . . . . FILIBUSTER!

10. Filibuster • For many years, a filibuster was a Senator or group of Senators speaking for as long as they wished, on any topic, to delay legislative activity. • Now, due to a rule change, Senators generally need only to threaten to filibuster. Because it is now so easy to do, is frequently used (read: almost always) by the minority to block bills, • 3/5 of the Senate (60 members) must vote to end the debate and overcome a filibuster. This is called “Cloture”

11. Both Chambers have Passed the Bill • A simple majority is needed in both (51%) • House – 218 votes • Senate – 51 votes

12. Conference • Each chamber has passed its own (often differing) versions of the same bill and those differences must be reconciled • The bill is considered by a conference committee made up of both House and Senate members who make changes • They negotiate, compromise, and send a revised bill back to both chambers • A vote on the “conference report” must be taken and passed in both the House and Senate

13. Send to Mr. President • The bill is sent to the President to sign into law • He may include “signing statements” which includes how the bill should be enforced or if parts should not be enforced • The President can veto the bill • The President can choose not to act: • If Congress is in session, the bill becomes law after 10 days • If Congress is not in session, the bill dies after 10 days (this is called a “pocket veto”

14. The Bill Becomes the Law of the Land • If the President vetoes, both chambers can reconsider the bill • 2/3 of each chamber is required to override a veto: • House – 369 votes • Senate – 67 votes • If President signs the bill, it becomes federal law