CON - Policy Making Lesson

Policy Making

How a Bill Becomes Law

A bill is introduced by a member of the legislature. While mechanisms exist to allow other members of the legislature to introduce bills, these are subject to strict timetables and usually fail unless a consensus is reached. In the U.S. system, where the executive is formally separated from the legislature, all bills must originate from the legislature.

Bills can be introduced through leave and government motion. Leave is when a motion is brought before the house asking that leave be given to bring in a bill. The legislator has 10 minutes to propose a bill, which can then be considered by the House on a day appointed for the purpose. While this rule still exists in the rules of procedure of the U.S. Congress, it is seldom used. A government motion occurs in jurisdictions where the executive can control legislative business a bill may be brought in by executive fiat.

A system of committees considers law relating to each policy area jurisdictions in the U.S. Congress. Thousands of bills are introduced in every session of Congress and no single member can possibly be adequately informed on all the issues that arise. The committee system is a way to provide for specialization or a division of the legislative labor. Committees usually have the final say on pieces of legislation and only very rarely are deprived of control of a bill; although this kind of action is allowed in the rules of each chamber.

House and Senate Committees

A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty. Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction. Congress divides its legislative, oversight, and internal administrative tasks among approximately 200 committees and subcommittees.

There are three main types of committees—standing, select or special, and joint. In the House of Representatives, there are 21 permanent committees, and 20 in the United States Senate. Four joint committees operate with members from both houses on matters of mutual jurisdiction and oversight. Committees in the House of Representatives generally have more members, due its larger size, as compared to the smaller 100-member Senate. Senate rules fix the maximum size for many of its committees, while the House determines the size and makeup of each committee every new Congress. View the following chart to see the standing committees in the House and the Senate.

STANDING COMMITTEES
THE HOUSE OF REPRESENTATIVES	THE SENATE
Agriculture	Agriculture, Nutrition, and Forestry
Appropriations	Appropriations
Armed Services	Armed Services
Budget	Banking, Housing, and Urban Affairs
Education and Labor	Budget
Energy and Commerce	Commerce, Science, and Transportation
Financial Services	Energy and Natural Resources
Foreign Affairs	Environment and Public Works
Homeland Security	Finance
House Administration	Foreign Relations
Judiciary	Health, Education, Labor, and Pensions
Natural Resources	Homeland Security and Government Affairs
Oversight and Government Reform	Indian Affairs
Rules	Judiciary
Science and Technology	Rules and Administration
Small Business	Small Business and Entrepreneurship
Standards of Official Conduct	Veterans' Affairs
Transportation and Infrastructure
Veterans' Affairs
Ways and Means

Bills are generally considered through a number of readings. This refers to the historic practice of the clerical officers of the legislature reading the contents of a bill to the legislature. While the bill is no longer read, the motions on the bill still refer to this practice.

At the second reading the general merits of the bill are considered. After which, the bill is referred to a committee, considering the bill line by line proposing amendments. The committee reports to the legislature, at which stage further amendments are proposed. Finally a third reading debate at which the bill as amended is considered in its entirety. The process is repeated in the other house, before the Bill is submitted to the executive for approval.

Bills passed by the legislature usually require the approval of the executive to become law. The need to receive approval can be used as a political tool by the executive and its refusal is known as a veto. The legislature often has the power to override the veto of the executive by means of a supermajority. Any branch at anytime may decline the proposed bill.

Note:

The GAO (Government Accountability Office) is an independent, non-partisan agency that provides Congress and federal agencies with objective information to help the government save money and work more efficiently.  

Constituency

Each member of the U.S. Congress is elected by voters in their home district. These voters are a part of congress' constituency. Each congressional member has a special responsibility to their constituents because these are the only voters who get to decide if a member will be re-elected.

Interest Groups

Interest groups represent people or organizations with common concerns and interests. These groups work to gain or retain benefits for their members through advocacy, public campaigns, and lobbying governments to make changes in public policy. There are a wide variety of interest groups representing a variety of constituencies  including business, labor, consumers, other governments, and various single issue groups.

Interest groups may take on a variety of strategies including public education, encouraging public participation, and providing education and special information for civil servants and politicians. However, interest groups are also involved in activities such as lobbying and forming PACs, which has led to concerns that some groups and even individuals might have disproportionate influence on Congress.

Lobbyists

There are over twelve thousand registered lobbyists in Washington, but only a handful of those have the influence and connections needed to consistently influence policy. Lobbyists work for a wide variety of groups, ranging from individual companies and non-profit organizations, to other governments and large coordinated councils representing whole industries, labor movements, or consumers. Lobbyists work to directly persuade decision makers in Congress along with members of the executive branch.

The impact of lobbyists is unclear, but many believe they can influence public policy. One example is the strength and influence of the National Rifle Association (NRA), who are advocates for gun rights. They also oppose gun regulations and legislation that infringe on the privacy of gun owners in the United States, who has one of the most lenient gun regulations in the Global North.

Political Action Committees (PACs)

PACs are organized groups that work on election campaigns often on behalf of specific parties and ballot initiatives. These groups pool donations to redistribute to candidates, parties, and other PACs. Federal Election Commission (FEC) regulations limit the amount of money PACs can donate to any one campaign or party, and there are limits to the amount of money they can receive from any one donor.

PACs can be connected to existing organizations such as business, labor or trade organizations or non-connected, usually rallying around a single issue or ideology.

While PACs have existed since the 1940s, the 2010 SpeechNow.org v. Federal Election Commission decision of the Supreme Court created a new form of PAC. They are officially known as independent expenditure-only committees, but better known as Super PACs. These groups can raise money without limits from individuals, organizations, and large donors such as corporations or labor unions. Super PACs can also spend unlimited amounts of money advocating for or against a candidate or issue, but may not donate to, or coordinate with, a particular campaign.

The SpeechNow.org case built on the decision in the Citizens United v. Federal Election Commission case earlier in 2010, which held that the First Amendment right to free speech meant that legislatures could not limit independent political spending by corporations and unions.

The 2012 election cycle is the first presidential election to be held under the new rules. Before the campaigns even ended, the Super PACs had outspent the top ten PACs from 2008 by at least tenfold. A large majority of Super PAC donations also come from wealthy individual donors. By October 2012, the top 100 individual Super PAC donors donated 80% of all Super PAC funds, yet made up fewer than 4% of all donors.

Information and Watchdogs

Critics of Super PACs are concerned that these groups can, in effect, "buy" elections. If elected, the candidates may then feel a special obligation to these wealthy donors and organizations. Several groups now exist to track the connections between Members of Congress, lobbyists, and campaign financing. Some of these groups include the Center for Responsive Politics and the OpenCongress.org website.

Congressional Oversight

Congressional oversight is the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation.

• • Congressional oversight refers to oversight by the United States Congress of the Executive Branch, including the numerous U.S. federal agencies.
  • Congress's oversight authority derives from its implied powers in the Constitution, public laws, and House and Senate rules. It is an integral part of the American system of checks and balances.
  • Congress could not reasonably or responsibly exercise these powers without knowing what the executive was doing; how programs were being administered, by whom, and at what cost; and whether officials were obeying the law and complying with legislative intent.
  • Oversight also is derived from the many and varied express powers of the Congress in the Constitution. Congress could not reasonably exercise its powers without knowing what the executive was doing; how programs were being administered, by whom, and at what cost.
  • The authority to oversee the executive comes from the constitutional powers. Congress could not carry them out reasonably or responsibly without knowing what the executive is doing.
  • Reinforcing these oversight powers is Congress's broad authority to make all laws that shall be necessary and proper for carrying into execution the foregoing powers, all other powers vested by this Constitution in the government, or in any Department or Officer in the government.
  • Besides these general powers, numerous statutes direct the executive to give information to or consult with Congress.
  • Oversight occurs through a wide variety of congressional activities and avenues. Some of the most publicized are the comparatively rare investigations by select committees into major scandals or into executive branch operations gone awry.

IMAGES CREATED BY GAVS