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How a Bill Becomes a Law!
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Mr. Ankrom, are we gonna watch the “I’m just a Bill video?”
School House Rock
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So, where do ideas for Bills actually come from?
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VERY Rarely do these guys and gals actually have a GOOD idea…
While only a member of Congress can introduce a bill for consideration, anyone can write the bill itself… Private citizens and advocacy groups often write the initial drafts of legislative proposals they wish Congress to consider. Lobbyists write a substantial proportion of these proposals. The writer then presents the bill to a member of Congress (Senator or Representative) who is sympathetic to the goals of the proposed legislation. The member or his or her staff may make changes to the draft before introducing it. Occasionally, members or their staffs will draft legislation themselves.
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But, where do “Bills” come from?
Lobbyists influence on politicians…
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But, where do “Bills” come from?
Executive Branch – ObamaCare – “Executive Proposals”
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But, where do “Bills” come from?
Higher ups in the Congress…
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But, where do “Bills” come from?
The people and their wants/needs…
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But, where do “Bills” come from?
State Legislatures and successes that they may have with legislation… Massachusetts and ObamaCare… Wave of anti-abortion legislation throughout the country, who knows? Gay marriage – states test these “unconstitutional” laws to see if the SCOTUS will reverse previous deciisons… Political trends/waves throughout the States…
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A Bill can start in either house of Congress… (only one type of bill must start in the House…) * Most bills begin in the House of Reps *
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Step 1: Legislation is introduced…
ANY member can introduce: House – The “Hopper” or the Clerk of the House… (LEGALLY BLONDE?) Senate – Recognition is NOT necessary, but TYPICAL… Government Printing Office (GPO)… The bill is assigned a number. (HR 1 or S 1) The bill is labeled with the sponsor's name (co-sponsor) * New session? – WHERE OLD BILLS GO TO DIE… Concurrent resolutions are generally used to address the sentiments of both chambers or deal with issues or matters affecting both houses… Simple resolutions are used to express non-binding positions of the Chamber or to deal with the Chamber’s internal affairs, such as the creation of a special committee. They do not require action by the other chamber…
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Step 1: Getting Started…
Types of Legislation: Bill – HR and S Proposed law! Simple Resolution – H Res. and S Res. (NOT law) Special committee… Concurrent Resolution – H Con. Res. and S Con. Res. (NOT law) Recess or adjournment… Joint Resolution – H J Res. and S J Res (LAW) Propose amendments, annex territory, etc…
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H.R. 3: “No Taxpayer Funding for Abortion Act”
112th Congress: Example Legislation H.R. 3: “No Taxpayer Funding for Abortion Act” H.R and S. 598: “Respect for Marriage Act” H.R. 3261: “Stop Online Piracy Act”
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Step 3) Bill is assigned to the appropriate committee… (or not)
Speaker of the House or Presiding officer of the Senate 1st way that a bill can die! (not getting assigned to committee) almost like “pigeonholing”
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Step 4) Committee Work… Pork! Earmarks! and Riders! OH MY! (Senate)
Committees can do several things (or not… “pigeonhole”) Meetings and Public Hearings * Gov’t agency statements * Sub-committee work (REPORTS TO FULL COMMITTEE) Mark-up… Amendments added and Revisions made Pork! Earmarks! and Riders! OH MY! (Senate) Committee vote “ordered to be reported” 1) Kill the bill OR 2) Pass the bill * Report to Whole House Favorably or un-favorably (“table it”) Explanation, justification, cost estimate and possible effects (“Committee Report”)
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What happens if a committee Chair “pigeonholes” a bill?
* In the House, a Representative may file for a Discharge Petition! *
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Step 5) Once the Bill gets out of committee…
It is placed on a calendar in order it is reported! In the House: “House” – public bills that DO NOT address money “Union” – appropriations bills and bills raising revenue “Corrections” – bills that change laws, rules or regulations “Private” – private bills (bills that apply to certain organizations or people) In the Senate: “Legislative” – All bills “Executive” – Treaties and nominations
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Step 6) Debating a Bill in the House
Rules Committee – reports “rules” on a specific bill to the House… * Committee of the Whole – debate and AMEND Timed debate – Rules Committee… Discussion and debate must be “germane” (No “Riders!” ) Ordering “the previous question” Calls for a vote! (amendments and final) “Motion to Recommit”
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Step 7) When a Bill passes one house, it goes to the other house!
* When a bill fails at any point in one house, it’s all over *
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Step 7) Debating a Bill in the Senate…
Unlimited debate! (Discussion and debate does NOT have to be germane) Riders ARE allowed… Recognition to speak by the Presiding Officer… Filibuster and Cloture Senate Vote! Simple majority is necessary
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Step 8) If the bill is identical in both houses, it goes to the PRESIDENT!
(If not, then…)
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Step 8a) “Conference Committee!”
If, both chambers DO NOT pass an identical bill, then it goes back to the chamber of origination for a vote…
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Step 9) 1 of 4 things may happen when the Bill is on the President’s desk…
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The President and Bills
Signs the Bill The Bill becomes a Law! Sent to the U.S. Archivist – U.S. Code Ignores the Bill (at least 10 days) The Bill becomes law… if Congress is still in session The Bill dies… if Congress is NOT in session (“Pocket Veto”) …an absolute veto that cannot be overridden. Vetoes the Bill The Bill goes back to Congress!
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“The vast majority of bills are essentially dead upon arrival
“The vast majority of bills are essentially dead upon arrival. In any given two-year session of Congress, ten-thousand or more bills are introduced. But only about 4% of them become law… Of the 11,056 bills that were introduced, 9,904, were referred to a committee by default, never saw any action, and died there (110th Congress).”
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