The Legislative Process

1. The Legislative Process The Steps for How a Bill Becomes a Law

2. Bills Types of Bills Where do bills originate?

3. Types of Bills and Resolutions • Private Bills – deal with individual people or places. • Often involve people’s claims against the government. • Public Bills – deal with general matters and apply to the entire nation. • Receive media coverage

4. Types of Resolutions • Simple Resolution – covers matters effecting only one house of Congress. • Used to establish internal rules and procedures. • Joint Resolutions – deal with temporary or unusual matters, used to propose Constitutional amendments, authorize the use of force in a foreign country, etc. • May require Presidents signature, except in the case of a proposed amendment. • Concurrent Resolution – deal with concerns of both houses, does not require Pres. Signature. • Used for establishing rules, giving opinions, etc.

5. Other terms used to describe bills • Rider – an attachment (amendment) to a bill that is not related to the subject matter of the bill. (Senate only) • Christmas Tree Bill – a bill with many “riders” or “ornaments” • Statute or Act – a bill that has already become a law

6. Where ideas for bills originate? • Representatives or Senators • Campaign promises • What their political parties want • Executive Branch • State of the Union address • Independent agencies of the executive branch (bureaucracy) • President’s cabinet • Citizens • phone calls • letters • public opinion polls • Special Interest groups • Labor unions • Companies/Corporations • Lobbyists

7. Bills in the House and Senate PHASE 1

8. Bills in the House & Senate • A bill must pass both houses to become law. Constitution requires bills to be identical! • Revenue bills must begin in the House.

9. Follow A Bill Introduced in the House Introduced in the House of Representatives • Only Members of the House or the Senate can only “introduce” bills. Individuals cannot introduce bills. • If a bill is introduced in the House it receives a house bill number. • Ex: HR 545 • Ex: S 396

10. Follow A Bill Introduced in the House Introduced in the House of Representatives • After its introduction, it is assigned to the appropriate committee Referred to a Standing Committee To Subcommittee • And then to a subcommittee

11. Follow A Bill Introduced in the House Introduced in the House of Representatives • Subcommittee Review Referred to a Standing Committee To Subcommittee Hearings Markup • reviews the bill • holds public hearings • amends the bill (holds a “markup” session)

12. Follow A Bill Introduced in the House Introduced in the House of Representatives • If the subcommittee disapproves of the bill it can “pigeonhole” the bill which means to put the bill away and never consider it again. Review Referred to a Standing Committee To Subcommittee Hearings Markup Pigeonhole (Bill dies)

13. Follow A Bill Introduced in the House Introduced in the House of Representatives • If the subcommittee approves of the bill it recommends the bill to the full standing committee. Review Referred to a Standing Committee To Subcommittee Hearings Markup Pigeonhole (Bill dies)

14. Follow A Bill Introduced in the House Introduced in the House of Representatives • The full Standing Committee then decides whether or not to “report the bill favorably.” Review Referred to a Standing Committee To Subcommittee Hearings Markup Report Favorably Pigeonhole (Bill dies) Rules Committee • In the House, the bill must next go to the Rules Committee. • The Rules Committee sets the rules for debate on the House floor. • It is necessary because of the size of the House (435 members)

15. Follow A Bill Introduced in the House Introduced in the House of Representatives • The Rules Committee will then either pigeonhole the bill or; Review Referred to a Standing Committee To Subcommittee Hearings Markup Report Favorably Pigeonhole (Bill dies) Rules Committee House Floor • Send the Bill to the House floor

16. Follow A Bill Introduced in the House Introduced in the House of Representatives • If the Bill Passes with a majority vote, it is sent to the Senate Review Referred to a Standing Committee To Subcommittee Hearings Markup Report Favorably Pigeonhole (Bill dies) Rules Committee House Floor

17. Follow the bill to the Senate • The Senate has the same options as the House, except there is not a Rules committee in the Senate. Senate Review To Subcommittee Referred to a Standing Committee Hearings Markup Report Favorably Pigeonhole (Bill dies) Senate Floor

18. Special rules for the senate floor • The Senate practices “unlimited debate” • They can talk about a bill as long as they like • In order to delay a bill Senators sometimes will initiate a filibuster where they “talk a bill to death.” • Continue to talk until the bill is dropped, they get too tired to continue or the Senate votes to stop the filibuster. • Invoking cloture rule end a filibuster and requires a 3/5 vote or 60/100 Senators. • longest individual speech goes to South Carolina's J. Strom Thurmond who filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957

19. Senate Introduced in the House of Representatives Review Referred to a Standing Committee To Subcommittee Referred to a Standing Committee To Subcommittee Hearings Markup Report Favorably Report Favorably Pigeonhole (Bill dies) Rules Committee Senate Floor (Policy of Unlimited Debate) House Floor Review: Bills in the House and Senate • If bill is identical from both houses it goes directly to the President. • If bills are different then they must go to a conference committee

20. The conference committee Phase 2

21. Identical Different President Conference Committee The Conference Committee • If the same bill was passed by both houses, it goes directly to the President. • However, if the bills are different the bill is sent to a Conference Committee.

22. The Conference Committee • The conference committee is made up of members from the House and the Senate (usually from the appropriate committees) • It’s sole purpose is to fix the differences in the bill. • If the conference committee passes the bill, it must be sent back to the floor of the House and the Senate for another vote. Identical Different President Conference Committee House Senate • If both houses then pass the bill, it will be sent to the President.

23. The President’s options Phase 3 Different President Conference Committee House Senate

24. Veto To House or Senate The President’s options President • The President Has Four Options with a bill 1.) Veto the Bill – reject the bill and send it back to the house where it originated (either House or Senate)

25. Veto Sign To House or Senate Bill Becomes Law The President’s options President • The President Has Four Options with a bill 2.) Sign the Bill – approve the bill and it becomes law

26. Veto Sign 10 day rule To House or Senate Bill Becomes Law Bill Becomes Law The President’s options President • The President Has Four Options with a bill 3.) 10 day rule – leave the bill alone and it automatically becomes law.

27. Veto Sign 10 day rule Pocket Veto To House or Senate Bill Becomes Law Bill Becomes Law Bill Dies The President’s options President • The President Has Four Options with a bill 4.) Pocket Veto – Leave the bill alone and if Congress adjourns within 10 days, the bill automatically dies.

28. President Sign 10 day rule Pocket Veto To House or Senate Bill Becomes Law Bill Becomes Law Bill Dies The President’s options Veto

29. Congressional veto override Phase 4 Veto

30. House Senate Congressional veto override Veto • If the President vetoes a bill, it goes first to the house where it started. • Both houses must then pass the bill with a 2/3rds vote in order for the bill to become law • If there are not enough votes the bill dies. Bill Becomes Law Bill Dies 2/3 vote in both houses Not enough votes

31. Legislative Behavior

32. Voting • Voice vote – “aye” or “no”. • The division – stand and be counted • Recorded vote – electronic, stations throughout the floor, allowed 15 minutes to cast vote

33. What influences the way members of Congress vote and the bills they introduce? • Interest groups • Personal interests • Political considerations • Party • President – “Bully Pulpit” (TR) appeal directly to the public • Constituents • Letters, phone calls, etc. • “Pork barrel Legislation” - Legislation loaded with special projects for Members to give to their constituents as a gift (Your tax $ at work!) • Colleagues • Caucuses • “Logrolling” – When members trade votes • Informal agreement to vote for each other's priorities

34. Reviewing Types of Committees

35. Committees • Chairs: chosen by majority party based on seniority • Seniority: who has been in Congress the longest • Four types of committees: • Standing committee and sub-committees: handles bills, subject matter specific

37. Committees • Chairs: chosen by majority party based on seniority • Seniority: who has been in Congress the longest • Four types of committees: • Standing committee and sub-committees: handles bills, subject matter specific • Conference committee – Both Houses, For the legislative process – reconcile differences in bills • Joint committees – Both Houses, studies/researches issues and specific problems • Ex: Taxation • Select committees – One House, studies/researches issues and specific problems • Ex: Watergate, Current Examples: Intelligence