How a Bill Becomes a Law

Bills Travel at Different Speeds

• Bills to spend money, tax, or regulate businesses move slowly

• Bills with a clear, appealing idea move fast – especially if they don’t require large expenditures

• Complexity of the legislative process helps bill’s opponents

Introducing a Bill

• Must be introduced by a member of Congress– Public bill (public affairs), Private bill (particular

individual-rare and delegated to administrative agency or courts),

– Pending legislation does not carry over to next Congress, must be reintroduced

• Congress initiates most legislation

Resolutions• Simple Resolution: passed by one house and

affects that house, not signed by Pres, doesn’t have the force of law

• Concurrent Resolution: passed by and affects both houses, not signed by Pres, doesn’t have the force of law

• Joint Resolution: essentially a law- passed by both and signed by Pres– If used to propose constitutional amendment it needs

2/3 of both houses, but no Pres signature

Study by Committees

• Bill is referred by Speaker or presiding Senate officer to committee for consideration• Chamber rules define committee’s jurisdiction, but

sometimes Speaker must choose (can be appealed to full House)

• Revenue bills must originate in the House• Most bills die in committee

Study by Committees

• After hearing and markup session, committee reports the bill out to the House or Senate– If bill is not reported out, House can use a

“discharge petition”. Senate can pass a “discharge motion” (rare)

– Both are routinely unsuccessful

• Bills must be placed on the calendar to come for a vote in either house

Study by Committees• House Rules Committee sets rules for

consideration– Closed rule: sets time limit on debate and restricts

amendments– Open rule: permits amendments from the floor– Restrictive rule: permits only some amendments• Use of closed and restrictive rules increased from the

1970’s-90’s, 1995 Republicans allowed more open rule

• In Senate, unanimous consent agreements require majority leader to negotiate the interests of individual senators

Floor Debate: House

• Committee of the Whole- procedural device for expediting consideration of bills, it can’t pass bills

• Committee sponsor of bill organizes discussion• No riders (non-relevant amendments)• House usually passes the sponsoring committee’s

version of the bill

Floor Debate: Senate• No rule limiting relevance of amendments (riders common)• Committee hearing process can by bypassed by a senator

with a rider or if bill already passed House• Debate can be limited only by cloture vote– 3/5 of Senate must vote to end filibuster– Filibusters and successful cloture votes becoming more

common• Easier now to stage a filibuster• Roll calls are replacing long speeches• Filibuster can be curtailed by double-tracking: bill is shelved

temporarily so Senate can continue other business

• Must have 60 votes to “control” the Senate (“filibuster proof”) , otherwise must be bipartisan

Methods of Voting• House- different procedures used at member’s

request– Voice vote– Division (standing) vote– Teller vote– Roll-call vote

• Senate – Same methods, except no teller vote

Difference in Senate/House versions of same bill

• If minor, last house to act simply sends bill to other house and they accept

• If major differences, conference committee is appointed– Decisions approved by majority of each delegation– Conference report often favors Senate version– Conference reports back to each house– Report can only be accepted/rejected, no amending– Usually accepted, alternative is no bill

Bill sent to President

• President may – Sign it into law– Do nothing- becomes law after 10 days (not Sundays)– Pocket veto- pres ignores the bill and Congress

adjourns session before 10 days- bill dies • Pocket veto can’t be overridden

– Veto• If so, it returns to the house of origin• 2/3 of both houses must vote to override the veto

Reducing Power and Perks

• Regulate franking• Place Congress under law– Congressional Accountability Act of 1995 –Congress

obliged itself to obey 11 major employment laws– Created the independent Office of Compliance to

deal with implementation, avoiding excessive executive power over Congress

• Trim Pork

Trimming Pork-barrel Legislation • Bills containing money to provide for local projects • May be misallocation of tax dollars for trivial

benefits• However, main cause of deficit is entitlement

programs, not pork• Identifying pork is a judgment call, some district

funding is necessary• Pork facilitates compromising among members who

are supposed to be district advocates

The Post-9/11 Congress• Congress created to be more deliberative than active• 9/11 Commission recommended Congress make

fundamental changes in how it oversees agencies (intelligence-gathering and counter-terrorism) – Pres. Bush agreed

• Congress passed some of those proposals after opposition in both parties

• Continuing challenge: appropriate reorganization to ensure in can continue to function in case of terrorist attack