The Lawmaking Process: Appropriations And Bills

The process of a bill becoming a law involves several stages. Any member of Congress can introduce a new piece of legislation or bill, which is then assigned a number and sent to the Government Printing Office (GPO) for copying. The bill is then referred to the appropriate committee, which may refer it to a specific subcommittee for further review. After hearings and a mark-up session where amendments are debated and voted on, the bill is voted on by the full committee. If it passes, it goes back to the House or Senate floor for further debate and a final vote. If it passes this vote, it is sent to the other chamber to undergo the same process. If both chambers pass the same version of the bill, it is sent to the President for signature to become a law. If they pass different versions, the bill goes to a Conference Committee to work out the differences, and the resulting compromise must be approved by both chambers before being sent to the President. The President can sign the bill into law, veto it and send it back to Congress, or do nothing (a pocket veto if Congress is not in session). If the President vetoes the bill but Congress overrides the veto with a two-thirds majority in both chambers, it still becomes a law.

Introduction of Bill

The introduction of a bill is the first step in the legislative process. Any member of Congress can introduce a new piece of legislation or bill. This can be done in either the House of Representatives (House) or the Senate, or both, except that all appropriations or funding bills must start in the House.

Once a bill is introduced, it is assigned a number (e.g. H.R. 50 for the fiftieth bill introduced in the House). The bill is then labelled with the sponsor's name. Members can also cosponsor the bill. In the House, the legislation is handed to the clerk of the House or placed in the hopper, while in the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction is postponed until the next day.

The bill is then sent to the Government Printing Office (GPO) where copies are made. Senate bills can be jointly sponsored.

Committee Consideration

Once a bill is introduced and referred to a committee, it begins the crucial stage of committee consideration. This stage is where the substance of the bill is scrutinized, amended, and shaped before it is potentially moved forward to the full chamber for a vote. The committee plays a vital role in the legislative process, serving as a forum for debate, expert testimony, and public input. This stage is often where the fate of a bill is decided, as committees can approve, reject, or significantly alter the legislation before them.

The committee system varies between the House and the Senate, with each chamber having its own set of rules and procedures. In the House, bills are typically referred to a specific standing committee with jurisdiction over the subject matter of the legislation. These committees are responsible for reviewing and taking action on bills within their respective areas of expertise, such as appropriations, judiciary, or energy and commerce. The Senate also has standing committees with similar functions, but it differs in that it has additional special committees and subcommittees that play a significant role in the legislative process.

During committee consideration, the bill is subjected to rigorous examination and debate. The committee members, who are typically experts in the subject matter, carefully review the bill's provisions, considering its potential impact, costs, and benefits. They may hold hearings, invite witnesses, and seek expert testimony to gather information and opinions on the bill. These hearings provide an opportunity for stakeholders, advocates, and members of the public to present their views, providing valuable input and feedback on the proposed legislation.

One of the most important aspects of committee consideration is the ability to amend the bill. Committee members can propose amendments to modify, add, or remove provisions from the legislation. These amendments may be offered by members of the committee, or in some cases, by the committee chair. The amendments are debated and voted on, and if approved, become part of the bill. This process allows for compromise, negotiation, and the incorporation of diverse perspectives, potentially building a broader base of support for the legislation.

The committee will then vote on whether to report the bill out of the committee. If the bill is approved, it is typically sent to the full chamber for further consideration. However, the committee may also decide to "kill" the bill by rejecting it or taking no action, effectively preventing it from advancing further. In some cases, the committee may also recommend changes or report the bill with amendments, providing suggestions for improvement or modification.

The committee consideration stage is a critical checkpoint in the legislative process. It allows for a thorough review of the bill, encourages public participation, and provides an opportunity for amendments and compromise. This stage plays a vital role in shaping the final form of the legislation and determining its chances of becoming law.

Committee Approval

The bill is then referred to the appropriate committee, which will research, discuss, and make changes to the bill. The Speaker of the House or the presiding officer in the Senate decides on the referral, though the actual decision is often made by the House or Senate parliamentarian. Bills may be referred to more than one committee, and the Speaker of the House may set time limits on committees.

The committee may hold hearings, during which government agencies are asked to comment on the bill's merit. The bill can be assigned to a subcommittee by the Chairman, which will report its findings to the full committee. The committee will then hold a "mark-up" session, during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded.

After the mark-up session, there is a vote by the full committee – the bill is "ordered to be reported". Once the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.

In the House, most bills go to the Rules committee, which adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways:

• Members can move rules to be suspended (requires a two-thirds vote)
• A discharge petition can be filed
• The House can use a Calendar Wednesday procedure

Floor Debate

Once a bill passes through the committee stage, it is brought before the full chamber of its origin (the House or the Senate) for debate and a vote. This stage is known as Floor Debate or Floor Consideration. This is where the bill is truly scrutinized and debated by all members of the chamber. Each member has an opportunity to discuss the bill, propose amendments, and ultimately, vote on its passage.

During Floor Debate, members can offer amendments to change, add, or delete provisions in the bill. These amendments may be proposed for a variety of reasons, such as clarifying the language, addressing concerns raised during committee hearings, or incorporating new ideas. Amendments can significantly alter the scope and content of a bill, and they are often the result of negotiations and compromise between members with differing viewpoints.

The process of debating and amending a bill can vary depending on the chamber's rules and the type of bill being considered. In the House, for example, there is typically a set time limit for debate on each bill, and members must follow specific procedures for offering amendments. The House may also consider a rule bill, which is a special type of bill that sets the terms for debating and amending a particular bill. In the Senate, the rules are generally more flexible, allowing for unlimited debate and a wider range of amendment options.

During Floor Debate, members may also offer motions that affect the bill's progress. For example, a member might move to recommit the bill, which sends it back to committee for further consideration, often with instructions to make specific changes. Motions can also be used to limit debate, such as a motion to end debate and proceed to a vote, known as cloture in the Senate.

The conclusion of Floor Debate is the vote on final passage. Each member of the chamber votes to pass the bill as amended or to defeat it. The majority required for passage varies depending on the type of bill and the chamber's rules. In the House, a simple majority (50% +1) is usually required, while in the Senate, a supermajority of 60 votes may be needed to overcome potential filibusters and pass certain types of bills.

Voting

Once a bill has been reported out of the committee, it is ready for a vote on the floor. The Speaker of the House and the Senate Majority Leader hold significant power in this stage due to their responsibility for scheduling floor debate. A common tactic for "killing" a bill is to delay scheduling the bill so that it may not be voted on. After the bill is scheduled, floor debate occurs, and amendments may be offered (if allowed by the rule in the House). The bill is then voted on for final passage. If it passes, the same process occurs in the other chamber.

There are three different ways a bill can be voted on:

• Voice Vote: The Speaker of the House will ask the members that support the bill to say "aye" and for those that oppose it to say "no".
• Division Vote: The Speaker of the House will ask those that support the bill to stand up to be counted, and after they are counted and seated, those that oppose the bill will be asked to stand.
• Recorded Vote: The Representatives will vote using an electronic voting system.

If the majority of Representatives vote yes on the bill, it passes and is sent to the U.S. Senate, where the bill will be scrutinized and debated once again before being voted on.

Frequently asked questions