The Process: how a bill becomes a law in the House

1. The Process: how a bill becomesa law in the House

2. By the Numbers • As many as 10,000 bills (proposed law presented for consideration) are introduced in the House and Senate during a term of Congress (2 year period) • Fewer than 10% will become a law • Once the bill is introduced it is sent to a committee • Most bills, or at least the ideas for them, come from the Executive branch • Some bills originate with citizens, while others come from standing committees in the Congress

3. Committees • The House and Senate are so large and the work they have come accomplish is so great that both chambers rely on a division of labor • Most of the work done in Congress is done in committees • In the words of one lawmaker from California, Congress is “a collection of committees that comes together periodically to approve one another’s actions.”

4. Committees • The practice of working through committees dates back to the beginning – 1789 • There are 19 standing committees in the House and 17 in the Senate • Each committee has anywhere from 10 – 75 members in the House, and 14 – 28 in the Senate • Representatives are typically on 1 or 2 standing committees, while Senators typically serve on 3 or 4

5. Committees • These committees play a HUGE role in the process of lawmaking • Most of the bills that become laws receive their most thorough consideration and debate in committee • Members of both chambers typically respect and follow the recommendations of the committee members regarding any given bill

6. Most Powerful House Committees • Rules • Ways and Means (tax writing committee) • Appropriations • Armed Services • Judiciary • International Relations • Agriculture

7. Most Powerful Senate Committees • Foreign Relations • Appropriations • Finance • Judiciary • Armed Services • Banking • Housing • Urban Affairs

8. Question • Why is there overlap between the chambers of Congress on some committees?

9. Committees • When a bill is introduced in either chamber of Congress, it is sent to the appropriate standing committee • Remember – the chairmen (or women) of these committees are chosen by seniority rule • The majority party always holds the majority of the seats on each standing committee, but the other party is always well-represented • Each committee is split into subcommittees as well, and each subcommittee is responsible for a separate part of the committee’s workload

10. Question • What impact might practices like seniority rule and majority representation have long term in the types of bills that make it out of committee for a full vote?

11. Joint Committees • A joint committee is one comprised of members of both houses • Permanent joint committees are: • Economic • The Library (of Congress) • Printing • Taxation • Temporary joint committees can be convened in special circumstances • If both chambers pass a bill about the same issue, but they are different versions of the bill it must go to a conference committee to iron out the differences in the bill (a compromise)

12. The Tradition • Once a bill has been drafted, wherever it comes from, it must be introduced to the appropriate chamber • “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.” • Measures dealing with any other matter may be introduced in either chamber • Only members can introduce bills in the House, and they introduce it by dropping it into the “hopper”

14. Question • Do you think it is still important for tax measures to originate in the House? Why or why not?

15. Types of Bills and Resolutions • Public Bills • Measures that apply to the nation as a whole • A tax measure or an amendment to an existing law • Private Bills • Measures that apply to certain persons or places rather than to the entire nation • An Idaho rancher received a payment of $85,000 for the loss of his sheep from attacks by grizzly bears, which had been moved from Yellowstone National Park onto nearby public land on which he grazed his flock

16. Types of Bills and Resolutions • Joint Resolutions • Similar to bills, and when passed have the force of law • Often deal with unusual or temporary matters • They may be used to appropriate money for the presidential inauguration ceremony • Used to propose Constitutional amendments • Concurrent Resolutions • Deal with matters that the House and Senate must address jointly • Do not have the force of law and do not require the president’s signature • Often used to state a position on a particular matter

17. Types of Bills and Resolutions • Resolutions • Deal with the matters concerning either chamber alone, and are taken up only by that chamber • Adopting a new rule or procedure for that chamber • Does not have the force of law and is not sent to the president • Rider • Something unrelated to the bill it is attached to, but is added as a provision because it would not likely pass on its own • Its sponsors hope it will “ride” through the legislative process on the strength of the main measure • Used frequently in appropriations measures

18. Question • Should riders be allowed? Why or why not?

19. The First Reading • The clerk of the House numbers each bill as it is introduced • H.R. 3410 would be the 3,410th measure introduced during that congressional term • Bills originating in the Senate receive an S • The clerk gives each bill a short title, a brief summary of its principal contents • Once a bill receives its number and title it is entered into the House Journal and in the Congressional Record for the day

20. Subsequent Readings • Each bill is that is finally passed in either house is given 3 readings along the route • Second reading comes during floor consideration • Final reading comes just before the final vote • This is an ancient parliamentary practice, and is intended to make sure that each bill receives careful consideration • Really, they are stops along the way • After the first reading, it is referred to the appropriate standing committee

21. The Bill in Committee • The standing committees act as sieves, sifting through all the bills • Most are rejected • A few are considered and reported when they are found to be worthy of floor consideration • Most bills never see the floor of either chamber of Congress • On occasion, a committee will bury a bill that the majority of the members of the chamber would like to consider • The bill can be brought to the floor with a discharge petition, which forces a bill that has been in committee for 30 days onto the floor for consideration • If the majority of congress signs the petition, it is sent to the floor • Rarely tried, seldom succeeds

22. Committee Actions • The committees can do 1 of 5 things: • Report the bill favorably with a “do pass” recommendation • Refuse to the report the bill, in which case it dies • Report the bill in amended form • Report the bill with an unfavorable recommendation • Report a committee bill, which is an entirely new bill that the committee has substituted for 1 or more bills referred to it

23. Question • Should the committees have the power to substitute a new bill for 1 or more that have been referred to the committee? Why or why not?

24. Floor Debate • Once a bill has made its way out of committee it must go to the floor for consideration • A calendar is used to schedule the order in which bills will be taken up on the floor

25. Floor Debate • There are 5 calendars used to schedule floor debates in the House: • The Calendar of the Committee of the Whole House on the State of the Union • Used for bills having to do with revenues, appropriations, or government property • The House Calendar • Used for all other Publicbills • The Calendar of the Committee of the Whole House • Used for all Private bills • The Corrections Calendar • Minor bills without opposition • The Discharge Calendar • Used for petitions to discharge bills from committee

26. Floor Debate • Under the rules of the House, bills are taken from each of these calendars on a regularly scheduled basis • The calendars are very complex and include multiple bills for each scheduled day of hearings, so it takes a LONG time for bills to find their way to the floor

27. Floor Debate • A quorum, or majority of the full membership (218), must be present in order for the House to do business • Severe limits are placed on the floor debate • No member may hold the floor of the House for more than 1 hour without the unanimous consent to speak for a longer time • The Speaker has the power to force any member who strays off subject to give up the floor

28. Voting • A bill can be voted on several times before it moves on, especially if amendments are offered – which they frequently are • The House has 4 methods for taking floor votes: • Voice votes – “ayes” or “noes” • Standing vote – all in favor stand, then all opposed • Teller vote – 1 from each party is chosen and the members pass between the tellers and are counted for and against (very rare today) • Roll-call vote – each member goes on record with their vote

29. Voting • In 1973, the House installed a computerized voting system for all quorum calls and record votes to replace the roll call by the clerk • Members now vote at one of the 48 stations on the floor by inserting a personalized plastic card in a box and then pushing 1 of the 3 buttons – “yea,” “nay,” or “present” • A large board above the Speaker’s chair shows instantly how each member has voted

30. Question • How might electronic voting and recording of votes have changed member’s behavior?

31. Final Steps • Once a bill has been approved at 2nd reading it is engrossed • It is printed in its final form • Then it is read a 3rd time, by title, and a final vote is taken • If it is approved after the 3rd reading, the Speaker signs it and a page (legislative aide) carries it to the Senate and places it on the Senate president’s desk