How a Bill Becomes a Law
HACE 4900 WASHINGTON D.C. SUMMER TOUR
School House Rock, Rocks!




                            HACE 4900 DR. MOORMAN
HACE 4900 DR. MOORMAN
           Take one of these out!!
Plan on writing a great deal today…………..write legibly!
The Process through the House
of Representatives
1. Somebody thinks of a good, well thought
   out idea for a piece of legislation…Anyone
   can help to write legislation. Only a




                                                HACE 4900 DR. MOORMAN
   member of Congress can actually propose
   legislation in Congress.

Do #1: Write this on your piece of paper
The Process through the House of Representatives

2. Get co-sponsors…Bills can have many
 cosponsors or just a few but they can be
 an important way to signal support




                                                   HACE 4900 DR. MOORMAN
On your paper, list who/groups would help
 you sponsor your idea.
The Process through the House of Representatives

3.    Drop the bill in the Hopper.

  The hopper is a box on the clerk’s desk




                                                   HACE 4900 DR. MOORMAN
  into which all proposed legislation must
  go.
Two other types of hoppers…




                              HACE 4900 DR. MOORMAN
The Process through the House of Representatives



4. Bill assigned a number and sent to the
 government printing office.




                                                   HACE 4900 DR. MOORMAN
  Examples: HR 1 or S 42
The Process through the House of Representatives



5. Speaker refers the bill to the
 appropriate committee(s).




                                                   HACE 4900 DR. MOORMAN
  Sometimes a bill can be referred to several
  committees because it does not fit in just
  one area.
House Committee Room
 • To which committee
   would your issue be
   assigned?




                          HACE 4900 DR. MOORMAN
 • Put your response on
   your paper.
Home Work….
• You are to find out to which
  committee/committees your
  representative belongs.




                                               HACE 4900 DR. MOORMAN
• Word process this on a piece of paper with
  your name and class ID# and bring to class
  on Tuesday…
The Process through the House of Representatives



 6.    Bill assigned to a subcommittee.




                                                   HACE 4900 DR. MOORMAN
The Process through the House of Representatives

7.    Hearings may be held.

  Frequently hearings are held to gain




                                                   HACE 4900 DR. MOORMAN
  expert opinions on a topic.

On your paper: Who might you want to ask
 to speak to the committee as an expert on
 your issue?
The Process through the House of Representatives



8. Subcommittee reports its findings to
 the full committee.




                                                   HACE 4900 DR. MOORMAN
The Process through the House of Representatives



9. The full committee holds a mark-up
 session and makes amendments and
 changes to the bill.




                                                   HACE 4900 DR. MOORMAN
The Process through the House of Representatives



10. Committee staff writes report on why
 the committee favors the bill.




                                                   HACE 4900 DR. MOORMAN
 The Office of the Clerk writes the report.
http://clerk.house.gov/about/duties.html
The Process through the House of Representatives



11. Those dissenting may write a dissenting
 opinion on why the bill should not have
 been passed out of committee.




                                                   HACE 4900 DR. MOORMAN
The Process through the House of Representatives



12.The bill goes to the Rules Committee to
   decide on time limits for the debate.




                                                   HACE 4900 DR. MOORMAN
http://www.rules.house.gov/
The Process through the House of Representatives



13. Bill gets placed on the House calendar
 by the Speaker of the House and the
 Majority Leader.




                                                   HACE 4900 DR. MOORMAN
On your paper….who is the current Speaker
 of the House?
The Process through the House of Representatives



14. Bill debated on the House floor.




                                                   HACE 4900 DR. MOORMAN
  Many times few Congressmen are present
  unless it is a controversial bill.

On your paper: Will your issue/bill be
 controversial? Yes, or no? Why?
•HRES 1247 EH
• (1) supports the goals and ideals of ‘‘American Eagle
  Day’’; and
• (2) encourages—
• (A) educational entities, organizations, businesses,




                                                             HACE 4900 DR. MOORMAN
  conservation groups, and government agencies with a
  shared interest in conserving endangered species to
  collaborate on education information for use in schools;
  and
• (B) the people of the United States to observe American
  Eagle Day with appropriate ceremonies and other
  activities.
• Attest:
• Clerk.
The Process through the House of Representatives



15. Only “germane” amendments may be
 added to the bill.




                                                   HACE 4900 DR. MOORMAN
  Germane: Not the same as relevant… a
  germane amendment cannot change the
  nature of the bill.
Which of these changes to this girl’s hair style
was germane and which was not?

      Pink hair color           Pink headband




                                                   HACE 4900 DR. MOORMAN
The Process through the House of Representatives



16. Quorum call to make sure there are
 enough members present to vote.




                                                   HACE 4900 DR. MOORMAN
  Can be a way to stall for time if you don’t
  have enough members present to vote.
A quorum
• is the minimum number of members of a
  deliberating body necessary to conduct
  the business of that group. Ordinarily, this




                                                 HACE 4900 DR. MOORMAN
  is a majority of the people expected to be
  there.
• On paper….how many people would be
  necessary to have a quorum in the Senate?
Quorum Busting
• A prominent example of quorum-busting occurred in
  2003, when the Texas House of Representatives voting
  on a redistricting bill that would have favored the
  Republicans in the state. The Democrats, certain of




                                                                 HACE 4900 DR. MOORMAN
  defeat chose not to be present in the House that day, but
  instead took a plane to Oklahoma preventing the bill
  from passing due to a lack of a quorum. If there is no
  quorum present a call of the house could be ordered,
  which would cause absent members to be arrested and
  brought to the floor of the body. This was the reason that
  the Killer D’s fled to Oklahoma, which is outside of the
  jurisdiction of Texas law. The Killer D's effectively killed
  the legislation by staying in Oklahoma long enough to let
  the legislation expire.
The Process through the House of Representatives
  17. Vote on the bill!

    How do members know when it is time to vote?
    • Blackberries
    • Clocks




                                                     HACE 4900 DR. MOORMAN
    How do they vote?
    • Use clicker cards the size of a credit card.
    • Slide it though the yes or no slot.
    • Projected on the screen.
What happens in the
Senate?
The Process through the Senate



1. Member must be recognized by the
   presiding officer and introduce a bill
   during the “morning hour”.




                                             HACE 4900 DR. MOORMAN
Morning hour is the first two hours of the
   day’s session
The Process through the Senate



2. If another member objects then the
 introduction of the bill is postponed until
 the next day.




                                               HACE 4900 DR. MOORMAN
A day by any other name…
• Calendar “day” is an actual 24 hour day.
• Legislative “day” is from one legislative
  adjournment to another adjournment.




                                              HACE 4900 DR. MOORMAN
• This could be weeks long.
• Recesses are NOT adjournments.
The Process through the Senate



3. The bill is assigned a number.




                                    HACE 4900 DR. MOORMAN
The Process through the Senate



4. Bill can be jointly sponsored by other
   Senators.




                                            HACE 4900 DR. MOORMAN
On your paper….what advantages are there
  to jointly sponsoring bills?
The Process through the Senate



5. The presiding officer refers the bill to
 the appropriate committee(s).




                                              HACE 4900 DR. MOORMAN
Senate Committee Room

              • On your paper…..Which
                committee would your
                issue be submitted to?




                                         HACE 4900 DR. MOORMAN
The Process through the Senate



6. Bill may be assigned to a
 subcommittee.




                                 HACE 4900 DR. MOORMAN
The Process through the Senate



7.    Hearings may be held.




                                 HACE 4900 DR. MOORMAN
The Process through the Senate



8. Subcommittee reports its findings to
 the full committee.




                                          HACE 4900 DR. MOORMAN
The Process through the Senate



9. Committee holds a “mark-up” session
 and makes amendments and changes to
 the bill.




                                         HACE 4900 DR. MOORMAN
The Process through the Senate



10. Committee staff writes report on why
 committee favors bill.




                                           HACE 4900 DR. MOORMAN
The Process through the Senate



11. Bill is places on the Legislative Calendar
 by the Majority Leader.




                                                 HACE 4900 DR. MOORMAN
The Process through the Senate



12.Debate is unlimited




                                         HACE 4900 DR. MOORMAN
On your paper…..How is this particular
  component of the Senate process
  different from the House process?
filibuster -
• Informal term for any attempt to block or
 delay Senate action on a bill or other
 matter by debating it at length, by offering




                                                HACE 4900 DR. MOORMAN
 numerous procedural motions, or by any
 other delaying or obstructive actions.
The Process through the Senate



13.Amendments do not have to be germane.




                                           HACE 4900 DR. MOORMAN
Remind me again….what is germane?
The Process through the Senate



14.Bill is voted on.




                                               HACE 4900 DR. MOORMAN
Record of voting:
   http://www.senate.gov/legislative/LIS/rol
   l_call_lists/roll_call_vote_cfm.cfm?congr
   ess=107&session=1&vote=00237
Conference Committee

1. Members from each house form a
   conference committee. To work out the
   differences between the House and




                                           HACE 4900 DR. MOORMAN
   Senate bills.

Only about 10% of bills go through
  conference committee
Conference Committee
2. If they reach a compromise they prepare
   a written report to be submitted to both
   the House and Senate.




                                              HACE 4900 DR. MOORMAN
No new amendments can be added at this
  point.
The President

 • Can Veto or Sign the Bill
   If he signs…. It becomes law!




                                                HACE 4900 DR. MOORMAN
  If he vetoes…. It goes back to Congress and
  it takes a 2/3 majority of both houses to
  override.
 Historical Vetoes
HACE 4900 DR. MOORMAN
Differences Between the House and the Senate

 • Introduction of the Bill
 • Debate allowed
 • Amendments allowed




                                                  HACE 4900 DR. MOORMAN
House                         Majority Rule
Senate                        Individual Rights
What happens AFTER
a bill becomes a law?
  The Continuous Cycle of Public Policy
Types of Policies
  • Regulatory: Rules and standards that
    control economic, social and political
    activities




                                             HACE 4900 DR. MOORMAN
    • FAA, EPA, HUD, FCC
    • Reasons for Regulation: Natural
      Monopoly, Externalities, Protecting
      the Uninformed
Types of Policies
• Social: Programs designed to help those
  thought to be in need of government
  assistance




                                            HACE 4900 DR. MOORMAN
   • HUD, Social Security, etc.
• Fiscal Policy: Taxing and Spending
Regulatory Agencies
• Must have legislative authority to operate
• Varying Scope of Authority
• Organizational Structure




                                               HACE 4900 DR. MOORMAN
  • Department Regulatory Agency
     • FDA is within Health and Human
       Services Department
  • Independent Regulatory Commission
     • CPSC, Federal Reserve, FCC, SEC
Time to Execute the Law:
The Policy Process


                  Deliberation   Enactment




                                                        HACE 4900 DR. MOORMAN
        Agenda
                                       Implementation
        Setting




                   Outcome        Output
Implementation
• How do we enforce a law?
  • What does the law say?
  • What is feasible?




                                HACE 4900 DR. MOORMAN
  • What is fair?
  • What can we afford to do?
Your issue…..on your paper
 • What would your law say?
 • Would it be feasible?
   • Meaning would it have a chance at




                                         HACE 4900 DR. MOORMAN
     being successful.
 • Would it be fair?
 • What can we afford to do?
Implementation
• The translation of legislation into a set of
  government programs or regulations
• Legislation goes to the appropriate agency




                                                 HACE 4900 DR. MOORMAN
  for its implementation
• Vague language allows agency discretion
Policy Outputs
• The provision of services to citizens or
  regulation of their conduct.
• Examples




                                             HACE 4900 DR. MOORMAN
  • TANF checks
  • Car Emissions Standards
  • HUD Code Homes
Policy Outcomes
• Effect of policy outputs on individuals and
  businesses.
• Examples:




                                                HACE 4900 DR. MOORMAN
  • Minimum Wage Laws
  • Fair Tax Plan

Agenda-Setting  Deliberation  New
 Policies Enacted
Your issue again….on paper
• What would be the effect of policy outputs
  on individuals and businesses?




                                               HACE 4900 DR. MOORMAN
Congressional Oversight
• Review and Monitoring of Federal
  Agencies
• Hold hearings




                                            HACE 4900 DR. MOORMAN
  • Typically done through the Committee
    system
  • For Example: Committee on Agriculture
    would have oversight of the USDA
What happens when oversight
is lax?
            • Securities and Exchange
              Commission…..agency
              admitted that it had




                                          HACE 4900 DR. MOORMAN
              credible allegations of
              wrongdoing at Bernie
              Madoff’s investment firm
              starting in the 1990s and
              continuing for years and
              years that were never
              investigated properly.

How a Bill Becomes a Law

  • 1.
    How a BillBecomes a Law HACE 4900 WASHINGTON D.C. SUMMER TOUR
  • 2.
    School House Rock,Rocks! HACE 4900 DR. MOORMAN
  • 3.
    HACE 4900 DR.MOORMAN Take one of these out!! Plan on writing a great deal today…………..write legibly!
  • 4.
    The Process throughthe House of Representatives 1. Somebody thinks of a good, well thought out idea for a piece of legislation…Anyone can help to write legislation. Only a HACE 4900 DR. MOORMAN member of Congress can actually propose legislation in Congress. Do #1: Write this on your piece of paper
  • 5.
    The Process throughthe House of Representatives 2. Get co-sponsors…Bills can have many cosponsors or just a few but they can be an important way to signal support HACE 4900 DR. MOORMAN On your paper, list who/groups would help you sponsor your idea.
  • 6.
    The Process throughthe House of Representatives 3. Drop the bill in the Hopper. The hopper is a box on the clerk’s desk HACE 4900 DR. MOORMAN into which all proposed legislation must go.
  • 7.
    Two other typesof hoppers… HACE 4900 DR. MOORMAN
  • 8.
    The Process throughthe House of Representatives 4. Bill assigned a number and sent to the government printing office. HACE 4900 DR. MOORMAN Examples: HR 1 or S 42
  • 9.
    The Process throughthe House of Representatives 5. Speaker refers the bill to the appropriate committee(s). HACE 4900 DR. MOORMAN Sometimes a bill can be referred to several committees because it does not fit in just one area.
  • 10.
    House Committee Room • To which committee would your issue be assigned? HACE 4900 DR. MOORMAN • Put your response on your paper.
  • 11.
    Home Work…. • Youare to find out to which committee/committees your representative belongs. HACE 4900 DR. MOORMAN • Word process this on a piece of paper with your name and class ID# and bring to class on Tuesday…
  • 12.
    The Process throughthe House of Representatives 6. Bill assigned to a subcommittee. HACE 4900 DR. MOORMAN
  • 13.
    The Process throughthe House of Representatives 7. Hearings may be held. Frequently hearings are held to gain HACE 4900 DR. MOORMAN expert opinions on a topic. On your paper: Who might you want to ask to speak to the committee as an expert on your issue?
  • 14.
    The Process throughthe House of Representatives 8. Subcommittee reports its findings to the full committee. HACE 4900 DR. MOORMAN
  • 15.
    The Process throughthe House of Representatives 9. The full committee holds a mark-up session and makes amendments and changes to the bill. HACE 4900 DR. MOORMAN
  • 16.
    The Process throughthe House of Representatives 10. Committee staff writes report on why the committee favors the bill. HACE 4900 DR. MOORMAN The Office of the Clerk writes the report. http://clerk.house.gov/about/duties.html
  • 17.
    The Process throughthe House of Representatives 11. Those dissenting may write a dissenting opinion on why the bill should not have been passed out of committee. HACE 4900 DR. MOORMAN
  • 18.
    The Process throughthe House of Representatives 12.The bill goes to the Rules Committee to decide on time limits for the debate. HACE 4900 DR. MOORMAN http://www.rules.house.gov/
  • 19.
    The Process throughthe House of Representatives 13. Bill gets placed on the House calendar by the Speaker of the House and the Majority Leader. HACE 4900 DR. MOORMAN On your paper….who is the current Speaker of the House?
  • 20.
    The Process throughthe House of Representatives 14. Bill debated on the House floor. HACE 4900 DR. MOORMAN Many times few Congressmen are present unless it is a controversial bill. On your paper: Will your issue/bill be controversial? Yes, or no? Why?
  • 21.
    •HRES 1247 EH •(1) supports the goals and ideals of ‘‘American Eagle Day’’; and • (2) encourages— • (A) educational entities, organizations, businesses, HACE 4900 DR. MOORMAN conservation groups, and government agencies with a shared interest in conserving endangered species to collaborate on education information for use in schools; and • (B) the people of the United States to observe American Eagle Day with appropriate ceremonies and other activities. • Attest: • Clerk.
  • 22.
    The Process throughthe House of Representatives 15. Only “germane” amendments may be added to the bill. HACE 4900 DR. MOORMAN Germane: Not the same as relevant… a germane amendment cannot change the nature of the bill.
  • 23.
    Which of thesechanges to this girl’s hair style was germane and which was not? Pink hair color Pink headband HACE 4900 DR. MOORMAN
  • 24.
    The Process throughthe House of Representatives 16. Quorum call to make sure there are enough members present to vote. HACE 4900 DR. MOORMAN Can be a way to stall for time if you don’t have enough members present to vote.
  • 25.
    A quorum • isthe minimum number of members of a deliberating body necessary to conduct the business of that group. Ordinarily, this HACE 4900 DR. MOORMAN is a majority of the people expected to be there. • On paper….how many people would be necessary to have a quorum in the Senate?
  • 26.
    Quorum Busting • Aprominent example of quorum-busting occurred in 2003, when the Texas House of Representatives voting on a redistricting bill that would have favored the Republicans in the state. The Democrats, certain of HACE 4900 DR. MOORMAN defeat chose not to be present in the House that day, but instead took a plane to Oklahoma preventing the bill from passing due to a lack of a quorum. If there is no quorum present a call of the house could be ordered, which would cause absent members to be arrested and brought to the floor of the body. This was the reason that the Killer D’s fled to Oklahoma, which is outside of the jurisdiction of Texas law. The Killer D's effectively killed the legislation by staying in Oklahoma long enough to let the legislation expire.
  • 27.
    The Process throughthe House of Representatives 17. Vote on the bill! How do members know when it is time to vote? • Blackberries • Clocks HACE 4900 DR. MOORMAN How do they vote? • Use clicker cards the size of a credit card. • Slide it though the yes or no slot. • Projected on the screen.
  • 28.
    What happens inthe Senate?
  • 29.
    The Process throughthe Senate 1. Member must be recognized by the presiding officer and introduce a bill during the “morning hour”. HACE 4900 DR. MOORMAN Morning hour is the first two hours of the day’s session
  • 30.
    The Process throughthe Senate 2. If another member objects then the introduction of the bill is postponed until the next day. HACE 4900 DR. MOORMAN
  • 31.
    A day byany other name… • Calendar “day” is an actual 24 hour day. • Legislative “day” is from one legislative adjournment to another adjournment. HACE 4900 DR. MOORMAN • This could be weeks long. • Recesses are NOT adjournments.
  • 32.
    The Process throughthe Senate 3. The bill is assigned a number. HACE 4900 DR. MOORMAN
  • 33.
    The Process throughthe Senate 4. Bill can be jointly sponsored by other Senators. HACE 4900 DR. MOORMAN On your paper….what advantages are there to jointly sponsoring bills?
  • 34.
    The Process throughthe Senate 5. The presiding officer refers the bill to the appropriate committee(s). HACE 4900 DR. MOORMAN
  • 35.
    Senate Committee Room • On your paper…..Which committee would your issue be submitted to? HACE 4900 DR. MOORMAN
  • 36.
    The Process throughthe Senate 6. Bill may be assigned to a subcommittee. HACE 4900 DR. MOORMAN
  • 37.
    The Process throughthe Senate 7. Hearings may be held. HACE 4900 DR. MOORMAN
  • 38.
    The Process throughthe Senate 8. Subcommittee reports its findings to the full committee. HACE 4900 DR. MOORMAN
  • 39.
    The Process throughthe Senate 9. Committee holds a “mark-up” session and makes amendments and changes to the bill. HACE 4900 DR. MOORMAN
  • 40.
    The Process throughthe Senate 10. Committee staff writes report on why committee favors bill. HACE 4900 DR. MOORMAN
  • 41.
    The Process throughthe Senate 11. Bill is places on the Legislative Calendar by the Majority Leader. HACE 4900 DR. MOORMAN
  • 42.
    The Process throughthe Senate 12.Debate is unlimited HACE 4900 DR. MOORMAN On your paper…..How is this particular component of the Senate process different from the House process?
  • 43.
    filibuster - • Informalterm for any attempt to block or delay Senate action on a bill or other matter by debating it at length, by offering HACE 4900 DR. MOORMAN numerous procedural motions, or by any other delaying or obstructive actions.
  • 44.
    The Process throughthe Senate 13.Amendments do not have to be germane. HACE 4900 DR. MOORMAN Remind me again….what is germane?
  • 45.
    The Process throughthe Senate 14.Bill is voted on. HACE 4900 DR. MOORMAN Record of voting: http://www.senate.gov/legislative/LIS/rol l_call_lists/roll_call_vote_cfm.cfm?congr ess=107&session=1&vote=00237
  • 46.
    Conference Committee 1. Membersfrom each house form a conference committee. To work out the differences between the House and HACE 4900 DR. MOORMAN Senate bills. Only about 10% of bills go through conference committee
  • 47.
    Conference Committee 2. Ifthey reach a compromise they prepare a written report to be submitted to both the House and Senate. HACE 4900 DR. MOORMAN No new amendments can be added at this point.
  • 48.
    The President •Can Veto or Sign the Bill If he signs…. It becomes law! HACE 4900 DR. MOORMAN If he vetoes…. It goes back to Congress and it takes a 2/3 majority of both houses to override. Historical Vetoes
  • 49.
  • 50.
    Differences Between theHouse and the Senate • Introduction of the Bill • Debate allowed • Amendments allowed HACE 4900 DR. MOORMAN House Majority Rule Senate Individual Rights
  • 51.
    What happens AFTER abill becomes a law? The Continuous Cycle of Public Policy
  • 52.
    Types of Policies • Regulatory: Rules and standards that control economic, social and political activities HACE 4900 DR. MOORMAN • FAA, EPA, HUD, FCC • Reasons for Regulation: Natural Monopoly, Externalities, Protecting the Uninformed
  • 53.
    Types of Policies •Social: Programs designed to help those thought to be in need of government assistance HACE 4900 DR. MOORMAN • HUD, Social Security, etc. • Fiscal Policy: Taxing and Spending
  • 54.
    Regulatory Agencies • Musthave legislative authority to operate • Varying Scope of Authority • Organizational Structure HACE 4900 DR. MOORMAN • Department Regulatory Agency • FDA is within Health and Human Services Department • Independent Regulatory Commission • CPSC, Federal Reserve, FCC, SEC
  • 55.
    Time to Executethe Law: The Policy Process Deliberation Enactment HACE 4900 DR. MOORMAN Agenda Implementation Setting Outcome Output
  • 56.
    Implementation • How dowe enforce a law? • What does the law say? • What is feasible? HACE 4900 DR. MOORMAN • What is fair? • What can we afford to do?
  • 57.
    Your issue…..on yourpaper • What would your law say? • Would it be feasible? • Meaning would it have a chance at HACE 4900 DR. MOORMAN being successful. • Would it be fair? • What can we afford to do?
  • 58.
    Implementation • The translationof legislation into a set of government programs or regulations • Legislation goes to the appropriate agency HACE 4900 DR. MOORMAN for its implementation • Vague language allows agency discretion
  • 59.
    Policy Outputs • Theprovision of services to citizens or regulation of their conduct. • Examples HACE 4900 DR. MOORMAN • TANF checks • Car Emissions Standards • HUD Code Homes
  • 60.
    Policy Outcomes • Effectof policy outputs on individuals and businesses. • Examples: HACE 4900 DR. MOORMAN • Minimum Wage Laws • Fair Tax Plan Agenda-Setting  Deliberation  New Policies Enacted
  • 61.
    Your issue again….onpaper • What would be the effect of policy outputs on individuals and businesses? HACE 4900 DR. MOORMAN
  • 62.
    Congressional Oversight • Reviewand Monitoring of Federal Agencies • Hold hearings HACE 4900 DR. MOORMAN • Typically done through the Committee system • For Example: Committee on Agriculture would have oversight of the USDA
  • 63.
    What happens whenoversight is lax? • Securities and Exchange Commission…..agency admitted that it had HACE 4900 DR. MOORMAN credible allegations of wrongdoing at Bernie Madoff’s investment firm starting in the 1990s and continuing for years and years that were never investigated properly.