Question

This week we are looking at the ACA. There are many strong political views of this legislation, but we need to look at what worked and what did not. Can the Law be amended to work better than its current form? Or does it need to be scrapped and completely re-written? Which option is more cost-effective? These are just a couple of the difficult questions.

Analyze how cost-benefit analysis affects legislative efforts
Analyze legislative intent of bills
Identify proponents and opponents of bills
Analyze legislative process of bills
Advocate policy position for bills
Recommend amendments to bills in support of policy positions

Answer 1

Ans) Cost-benefit analysis (CBA) is a tool used by regulatory decision makers to identify the costs and benefits, in financial terms, of a regulation to society as a whole. Persons preparing a CBA attempt to assign a monetary value (also know as monetizing) to all the predicted costs and benefits of a regulation.

- Cost-benefit analysis helps alleviate democratic concerns about agency decision making by making rulemaking more transparent both to the public and to the elected officials who can exercise influence over the agencies.

- The Court determines the Legislature's intention by examining the problem faced by the Legislature when it considered the bill that enacted the language in question, the public policy issues that the problem raised and the drafting solutions that emerged during legislative consideration of the bill.

-

In the House, the Rules Committee sets the time allotted for debate and rules for offering amendments (in the House, all amendments offered must be relevant to the bill). After proponents and opponents debate a bill, the bill is reported back to the House for a vote. A quorum must be present (218 Representatives) to have a final vote. If a quorum is not present, the Sergeant at Arms is sent out to round up missing members. For non-controversial bills, the Speaker of the House may make a motion to suspend the rules and pass the bill.

In the Senate, there are no time restrictions for debate, unless cloture is invoked. Senators can offer amendments, even if amendments are not relevant to the bill, such as riders. Bills pass the Senate by a majority vote or unanimous consent. Senators can obstruct passage of a bill by prolonging the debate called a filibuster or by placing a hold on the bill. A majority of non-controversial bills passed by the Senate are “hotlined,” meaning they pass without an actual voice or recorded vote, but by unanimous consent, without any debate or amendments. “Holds” are placed when a Senator wants to object to a unanimous consent request or to simply review and negotiate changes to the bill.

- The most common means of legislative advocacy is direct lobbying, which entails contacting a legislator, sharing your views on an issue, and asking him or her to vote a specific way on a bill. This can be done with something as easy as a phone call or letter, or by a formal meeting with the legislator or staff person.

- After a Bill has been passed by both Houses, it is presented to the President for his assent. The President can assent or withhold his assent to a Bill or he can return a Bill, other than a Money Bill, for reconsideration. If the Bill is again passed by the Houses, with or without amendment made by the President, he shall not withhold assent there from. But, when a Bill amending the Constitution passed by each House with the requisite majority is presented to the President, he shall give his assent thereto.

A Bill becomes an Act of Parliament after being passed by both the Houses of Parliament and assented to by the President.