How Committees Influence Lawmaking

The process of a bill becoming a law is a complex one. In the US, any member of Congress can propose a bill, which is then referred to a committee. The committee's role is to research, discuss, and make changes to the bill before putting it before the chamber to be voted on. This committee could be one of many, depending on the topic of the bill, such as health or international affairs. The committee may also choose to hold hearings to better understand the bill's implications and may refer the bill to a subcommittee for further study. While a committee cannot technically sign a bill into law, it plays a crucial role in the process of a bill becoming a law.

The role of committees in the US legislative process

Committees play a crucial role in the US legislative process, which begins with the introduction of legislation by any member of Congress. The Speaker of the House or the presiding officer in the Senate then refers the bill to the appropriate committee, with the referral decision often made by the House or Senate parliamentarian.

Committees are subsidiary bodies established to consider legislation, conduct hearings and investigations, and carry out other assignments as instructed by the Senate. They are essential to the effective operation of the Senate, as they gather information, draft and consider legislative proposals, and recommend legislation to the full membership of the Senate. The Senate has 24 committees, including 16 standing committees, four special or select committees, and four joint committees. Standing committees are permanent bodies with specific responsibilities and jurisdictions defined in the Senate's rules, while special or select committees are established for a limited time to perform a particular study or investigation, and joint committees include membership from both houses of Congress and provide administrative coordination between the House and Senate.

The committee referral process allows bills to be thoroughly reviewed by relevant departments and agencies, with input sought from these bodies. The bill may be split, with different parts sent to various committees, and subcommittees may be assigned to report their findings to the full committee. Hearings may also be held to gather information about the subject matter of the bill. Once the committee is satisfied, it will hold a "'mark-up' session to make revisions and additions, resulting in a "clean bill" that includes proposed amendments. This new bill will have a new number and will be sent back to the chamber, while the old bill is discarded.

After the bill is reported, the committee staff prepares a written report explaining their support for the bill and their proposed amendments. The report is sent back to the chamber and placed on the calendar. In the House, most bills go to the Rules Committee, which adopts rules governing the procedures for the bill's consideration. The committee can also set time limits, and failure to act on a bill within this time is equivalent to killing it. A bill can only be released from committee without a proper committee vote through a discharge petition signed by a majority of the House membership.

How a committee can kill a bill

A committee can kill a bill in several ways. Firstly, by inaction or delay, a committee can prevent a bill from progressing. Committees can also seek input from relevant departments and agencies, and if their feedback is negative, it can influence the committee's decision to block the bill. Committees can also hold a ""mark-up" session, where they make revisions and additions to the bill. If substantial amendments are made, a new "clean bill" with the proposed amendments is introduced, and the old bill is discarded. This process can effectively kill the original bill. Additionally, committees can adopt rules that govern the procedures for considering the bill, such as imposing strict time limits on debates or forbidding amendments, which can hinder its passage.

Another way a committee can kill a bill is by recommending a ""recommitment" of the bill, which sends it back to the committee instead of allowing it to proceed to the next stage. In the Senate, if a bill is changed, it must return to the House for concurrence, creating a back-and-forth negotiation that can stall or defeat the bill. Furthermore, committees can prepare written reports outlining their support or opposition to the bill, which can influence the decision-making process and ultimately lead to the bill's demise.

It is worth noting that the odds are generally in favour of those opposing a bill. In the US, thousands of bills are introduced at all levels of government each year, but only a small percentage become laws. Therefore, understanding legislative procedures and having legislative champions who can suggest strategies and help execute them is crucial for effectively killing a bill.

The process of a bill becoming a law

Once the bill is introduced, it is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The referral decision is often made by the House or Senate parliamentarian. The bill may be referred to more than one committee, and parts of it may be sent to different committees. Committees often hold meetings to discuss bills, which are usually open to the public. The committee may request reports from government agencies and hold hearings to allow experts and interested parties to testify.

After the committee has considered the bill, it will make a recommendation to pass the bill, revise it, or lay it aside. The bill is then returned to the full House or Senate for further debate and approval, where members may propose amendments or alterations. The full committee will then vote on the bill, and if it passes, it is ""ordered to be reported."

The bill then goes to the Rules Committee, which adopts rules governing the procedures for the bill's consideration by the House. The bill is then sent to the floor for a final passage vote. If the bill is approved by both Chambers of Congress, a conference committee may be formed to resolve any differences between the House and Senate versions. The final compromise is presented in a Conference Report, which must be agreed to by both chambers before being sent to the President for approval or signature.

The President can approve the bill, or they may veto it, in which case it may return to Congress for reconsideration. If the President does not act within 10 days, the bill automatically becomes law. In some states, if the Governor does not sign or veto a bill within a certain period, it will become law without their signature.

The role of the President in signing a bill

The President plays a crucial role in the process of a bill becoming a law. Once a bill is introduced in Congress, it goes through a rigorous process of research, discussion, and amendments by the relevant committees. If a bill passes in one chamber of Congress, it proceeds to the other chamber, where it undergoes a similar process. Once both chambers of Congress have agreed to the bill, it is then presented to the President for consideration.

The President has the power to approve or veto a bill. If the President approves the bill, they sign it into law. This presidential signature is significant, as it indicates the President's support for the bill and their commitment to executing it. The signature also represents the enforcement of the law by the executive branch, headed by the President.

When signing a bill, the President may issue a signing statement, which is an official pronouncement accompanying the signing of a bill into law. These statements have been used by presidents since the early 19th century to express their views on the law. Signing statements can include the President's interpretation of the law's language, objections to certain provisions on constitutional grounds, and their intent regarding the law's execution.

If the President chooses to veto a bill, it is sent back to Congress, where each chamber can attempt to override the veto with a two-thirds majority vote. However, if the President does not sign or veto the bill within ten days of receiving it (excluding Sundays), it can become law without their signature, unless Congress has adjourned under specific circumstances, resulting in a pocket veto.

Reconciliation: the role of committees in budget constraints

While a committee cannot sign a bill into law, it plays a crucial role in the legislative process, particularly in reconciliation when budget constraints are involved.

Reconciliation is a process designed to bring existing laws in line with the most recently adopted concurrent resolution on the budget. The first step in reconciliation is for the House and Senate committees to receive instructions from a concurrent resolution on the budget. These instructions specify the amount of spending reductions or revenue changes that a committee must achieve. The committees then have the discretion to determine the specific changes to laws or bills to meet these fiscal targets. This process allows for specialised scrutiny and deliberation on budgetary matters, ensuring that legislative proposals are aligned with the established budget constraints.

Once a bill is introduced, it is typically referred to the relevant committee by the Speaker of the House or the presiding officer in the Senate. Committees are composed of groups of Congress members with specific interests or expertise in different topics, such as health or international affairs. This referral process ensures that bills are reviewed by members with relevant knowledge and experience.

Committees play a vital role in scrutinising, discussing, and amending bills. They may seek input from relevant departments, agencies, and the Government Accountability Office to inform their decisions. Subcommittees may also be organised under committees for further specialisation and in-depth review. Committees can hold hearings to gather a range of perspectives, including those of the executive branch, experts, public officials, supporters, and opponents of the legislation. This process helps committees to thoroughly examine the implications of a bill and assess its chances of passage by Congress.

After careful consideration, committees can recommend changes to laws or bills to meet the budgetary constraints outlined in the concurrent resolution. These recommendations are then combined into an omnibus reconciliation bill, which is reported by the Committee on the Budget. The bill then proceeds through the legislative process, requiring approval by both the House and the Senate before being presented to the President for signature or approval to become law.

Frequently asked questions