Congress at Work How a Bill Becomes a Law

Legislative Branch: Makes the Laws When it comes to bills becoming laws, all three branches have some “power.” Legislative Branch: Makes the Laws Congress proposes bills and may override a veto with a two-thirds votes. Executive Branch: Carries Out the Laws The president makes a bill become a law by signing; they may also veto or recommend legislation. Judicial Branch: Interprets the Law The Supreme Court may declare executive actions or acts of Congress unconstitutional.

All three branches have checks and balances on the others to make sure no one branch is too powerful.

During each two-year term in Congress, up to 10,000 bills (proposed laws in legal language) are introduced. Why so many? Congress is a national legislature and is open to all Americans who want something from their government: president, federal agencies, labor unions, business groups, and citizens.

Of the thousands introduced, only a few hundred become laws. Most bills die in Congress in committees, and some are vetoed by the president. If a bill is not passed before the end of the congressional term, it must be reintroduced in the next Congress to be given further consideration.

Why Do Fewer Than 5% of All Bills Become Laws? Lawmaking is long and complicated. There can be up to 100 steps to take to pass a bill into law. Groups that oppose a bill can amend the bill or kill it at many steps along the way. Because lawmaking has so many steps, sponsors of a bill must be willing to bargain and compromise with lawmakers and interest groups. Bills that powerful interest groups oppose most likely will not be passed. Members of Congress may introduce bills they know have no chance of passing just to show their support for an idea or issue to satisfy their constituents or gain media attention. If a bill does not pass, they can blame other lawmakers and report they took action.

Only a member of Congress can introduce the bill to the legislature. The first step to passing a bill is to propose and introduce it to Congress. Ideas for these new bills come from the president, citizens, interest groups, PACs, the State of the Union platform, etc. Only a member of Congress can introduce the bill to the legislature.

Factors That Influence How Legislators Vote merits for and against passage of a bill where one’s constituents stand positions of the interest groups that are involved a legislator’s political party position a legislator’s own convictions and record on the issue

You are a lawmaker and must decide whether to support a bill to increase the tax on a package of cigarettes by 25¢. Main Arguments for Supporting Tax Increasing 1. The state is facing a budget deficit and without additional revenues, will have to cut programs. 2. An increased price will discourage people from smoking. Main Arguments for Opposing Tax Increase 1. Cigarettes are now taxed at $2 per pack. 2. The tax is an unfair burden for those who choose to smoke. 3. Higher cigarette prices will further encourage smuggling and the illegal sale of cheaper, untaxed cigarettes.

Who/What Will Influence You? interest groups: The Tobacco Institute opposes the tax. They contributed $500 to your last campaign. The American Heart Association favors the tax. They do not make campaign contributions. political parties: Members of your party in the legislature have not yet taken a position on the issue. constituents: Only about one of four of your constituents smoke. They are not organized but have written to your office to object to the tax. Your nonsmoking constituents have not taken any position. convictions/record: In the past, you have generally favored increased taxes on tobacco products and have voted to restrict cigarette smoking in the workplace; however, even though you know it is harmful to one’s health, you still believe people have the right to do what they want.

How Will You Vote? How do you think most legislators would vote—yes or no—given the factors? Why? How would you vote, given all the factors?

“Congress in session is Congress on public exhibition, whilst Congress in its committee-rooms is Congress at work.” —Woodrow Wilson

The Committees and Subcommittees: Getting on a Committee Members want committee assignments that will help them get reelected, gain influence, and make policy. New members express their committee preferences to the party leaders. Support of the party is important in getting on the right committee. Parties try to grant committee preferences.

The Committees and Subcommittees: Chairs and the Seniority System The chair is the most important position for controlling legislation. Chairs were once chosen strictly by the seniority system. Now, seniority is a general rule, and members may choose the chair of their committee. In the House, most of a representative’s influence on a bill happens in a committee, not on the debate floor.

Legislative Committees: Purpose and Function 1. Consider (i.e., markup) bills. a bill with a member’s markup notes

Legislative Committees: Purpose and Function 2. Maintain oversight of executive agencies. Secretary Donald Rumsfeld testifies before a Senate Appropriations Committee hearing regarding the Department of Defense Budget (May 2006).

Legislative Committees: Purpose and Function 3. Conduct investigations. New Orleans Mayor Ray Nagin testified before the Senate Homeland Security and Governmental Affairs Committee on Hurricane Katrina (February 2006).

Committee Functions and Action Most real work is done here (screening and drafting). House and Senate committees all have a majority of members from the majority party in that chamber. They research and investigate, having meetings with experts, witnesses, and PAC members. 18

Committee Action WASHINGTON, JUNE 27: (left to right) Lt. Gen. Ronald T. Kadish, USAF, Director, Missile Defense Agency, Deputy Secretary of Defense Paul Wolfowitz, and Director of Operational Test and Evaluation Thomas P. Christie attend a congressional hearing held by joint subcommittees of the House Armed Services Committee June 27, 2002, in Washington, DC. The witnesses discussed the Department of Defense's missile defense program. Subcommittees further study, research, and hold hearings of a bill. They grew in 1970s to dilute long-standing committees. 19

COMMITTEE ACTION In each house of Congress, the new bills are sent to the committees that deal with their subject matter. The committee can, under the leadership of the chairperson, ignore the bill and simply let it die. This is called “pigeonholing.” kill a bill by majority vote (most often). recommend the bill be adopted without changes. rewrite, or “mark up,” the bill before sending it back to the House or Senate. Once the committee decides to act, they will hold hearings to listen to testimony on those who are interested in the bill, experts, etc. so they can gather information. After the hearings, they decide what, if any, changes are needed on the bill. They then decide to kill it or “report” it—send it back to House or Senate with a report that gives information on the bill, changes, and their opinions.

Types of Committees standing committee: permanent panel with full legislative functions and oversight responsibilities (20 in House, 16 in Senate) subcommittee: formed to tackle very specific tasks within the jurisdiction of the full committee select or special committee: groups appointed for a limited purpose and limited duration; investigative/emergency committees joint committee: includes members of both chambers to conduct studies or perform housekeeping tasks conference committee: includes members of House and Senate to work out differences if two similar bills are passed in the House/Senate

Standing Committees Most work is done here; they’re permanent. Examples of standing committees include the Ways and Means, Appropriations, Rules, and Homeland Security committees. Party leadership assigns committee positions. have 15-20 member in the Senate have 30-40 members in the House do the work of Congress (research, investigate, report) dominate congressional policy making control congressional agenda and guide legislations review every bill but only pass bills receiving a favorable committee report to be considered by whole House or Senate 22

House Rules Committee is unique to the House; most powerful committee in the House reviews most bills coming from committee before they go to full House acts as a traffic cop in the House to only allow certain bills to the floor and sets rules for debate 23

Committee Chairs Most Important Influencers of Committee Agenda Party members vote on committee chairs, but seniority plays a large role and general rule for selecting chairs. Members of the committee usually serve as “floor managers” once the bill leaves committee, helping to secure votes for it. They will also be “cue-givers” when other members turn to them for advice on the bill.

House: In Simplified Terms introduction of bills bills to committee debate rules set floor debate

Senate: In Simplified Terms introduction of bills bills to committee floor debate filibuster by minority vote of cloture (60 senators) 113th US Congress 26

Filibuster: Unlimited Debate A senator talks until the majority of the Senate either abandons the bill or agrees to modify its most controversial provisions, allowing for every voice to be heard. One person who opposes the bill can still speak against it by filibustering. A filibuster is stopped when three-fifths of the senators vote for “cloture” (i.e., to cut off debate), which allows each senators to speak for only one hour on a bill under debate.

Last Steps: In Simplified Terms The conference committee meets to iron out differences between the two bills (House and Senate versions). The president signs, vetoes, or pocket-vetoes. The Senate can override a veto with a two-thirds vote. conference committee at work 28

veto: The president refuses to sign a bill and returns it to Congress. The president has ten days to sign a bill. If Congress is in session during that period, the bill becomes law without a signature if the president takes no action on the bill. veto: The president refuses to sign a bill and returns it to Congress. pocket veto: If however, Congress is adjourned during the ten-day period, the bill is considered vetoed by virtue of the president putting “it in their pocket.” line-item veto: The president can use this power (same as governors) with items of taxes and spending. legislative veto: Congress overrides a presidential veto. Vetoes through History: average per president: 59.3 average per year: 11.7 number overridden: 106 (takes two-thirds vote from Congress) FDR issued a record 635 vetoes during his twelve years in office, and only nine of them were overridden.

Presidential Veto Power When Congress is dominated by the same party as the president, bills are not vetoed as often because presidents rarely want to draw a line between themselves and their party. Reasons vary why presidents veto bills, but often it is over issued such as spending and proper allocation of power between Congress and the president.

How a Bill Becomes a Law SENATE HOUSE A senator is recognized, and the bill is announced on the floor. A representative hands the bill to clerk or drops it into the “hopper.” The bill is given an S number. The bill is given an HR number. COMMITTEE ACTION referred to House standing committee placed on committee calendar referred to Senate standing committee referred to House subcommittee; ruled on sent to subcommittee for hearings/revisions referred to Senate subcommittee set rules for debate and amendments recommended for passage or killed by standing comm. reported on by standing committee

FLOOR ACTION CONFERENCE ACTION PASS House debates and votes. The bill passes and goes to the Senate for approval, OR a different version passes and goes to committee. Senate debates and votes. 2. The bill passes and goes to the House for approval, OR a different version passes and goes to committee. CONFERENCE ACTION The conference committee works out differences and sends an identical compromised bill to both chambers for final approval. House votes on compromised bill. Senate votes on compromised bill. PASS

APPROVED BILL SENT TO PRESIDENT PASS APPROVED BILL SENT TO PRESIDENT President signs bill or allows bill to become law without signing. ** President vetoes bill. or PASS VETO Congress can override a veto by two-thirds majority in both chambers; if either fails to override (Leg Veto), the bill dies. LAW