Mock Congress: Understanding Lawmaking

The legislative process is a crucial aspect of the American democratic system, allowing for the protection of minority interests and the thorough consideration of proposed laws. This process involves multiple steps, from the conception of a legislative idea to its enactment as a statute. The journey of a bill towards becoming a law is a complex one, and understanding it is essential for citizens to appreciate the workings of Congress.

The process typically begins with a member of the U.S. Senate or House of Representatives introducing a bill. This bill is then assigned to a committee, where it is studied, discussed, and potentially amended. If the committee releases the bill, it proceeds to the chamber, where it is voted on. Should the bill pass one body of Congress, it moves to the other, undergoing a similar process of research, discussion, potential amendments, and voting.

Once both bodies of Congress approve a bill, they must reconcile any differences between their respective versions. This is achieved through a conference committee, which consists of members from both the House and the Senate. The resulting bill is then voted on by both chambers. If it passes, it is presented to the President for approval.

The President has the power to approve or veto the bill. In the event of a veto, Congress can attempt to override it with a two-thirds majority vote in both chambers. If the President does not sign the bill and Congress is no longer in session, the bill is effectively vetoed by default, known as a pocket veto.

How a bill is introduced

The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by people or citizen groups. Once a bill is introduced, it is assigned a number and a sponsor, then sent to the Government Printing Office (GPO) to be copied. In the House, a bill is introduced when it is dropped in the hopper (a wooden box on the House floor). In the Senate, the bill is submitted to clerks on the Senate floor.

In the House, a bill is handed to the clerk or placed in the hopper; 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 assigned a designation based on the chamber of introduction, e.g. H.R. or H.J.Res. for House-originated bills or joint resolutions, and S. or S.J.Res. for Senate-originated measures. It will also receive a number, typically the next number available in sequence during that two-year Congress.

Members can co-sponsor a bill and may circulate it, asking others in the chamber to sign on as original co-sponsors to demonstrate support. In the Senate, a member may insert the words 'by request' after their name to indicate that the introduction of the bill is at the suggestion of another person or group.

The bill is then assigned to a committee to be studied and, if released, will be put on a calendar to be voted on, debated, or amended.

The role of committees

Committees play a crucial role in the legislative process, which is the primary function of Congress. Committees are responsible for reviewing, studying, and making changes to proposed bills. The committee stage is often considered the most important phase of the legislative process, as it provides an opportunity for intensive consideration of the bill and public input.

Once a bill is introduced, it is assigned to a committee by the Speaker of the House or the presiding officer in the Senate. The referral decision is usually made by the House or Senate parliamentarian. Bills may be referred to multiple committees, and the Speaker of the House may set time limits on committee consideration. Committees are typically divided between the two major political parties, with the proportion of members from each party determined by the majority party.

During the committee stage, the bill is placed on the committee's calendar, and the committee may request input from relevant government agencies and the Government Accountability Office. The bill may also be assigned to a subcommittee for further review. Hearings may be held to allow the public to provide input and expert testimony. After reviewing the bill and considering any proposed amendments, the committee will vote on whether to report the bill back to the full chamber.

If the committee votes to report the bill, the committee staff will prepare a written report explaining the committee's position on the bill and any proposed amendments. This report is sent back to the full chamber and is placed on the calendar for further consideration. In the House, most bills then go to the Rules Committee, which adopts rules governing the debate and amendment process for the bill.

The committee stage is a critical step in the legislative process, allowing for detailed review, discussion, and amendment of proposed bills. It provides an opportunity for public input and helps shape the final version of the bill that will be considered by the full chamber.

Voting on a bill

The voting process begins with the bill being put before the chamber. If the bill passes one body of Congress, it is then sent to the other body to undergo a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill

The Conference Committee

Once a bill has been passed by both the House and the Senate, it may be the case that there are differences between the two versions. In this instance, the bill is sent to a conference committee, which is formed of members from each house. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill.

The representatives from each house work to maintain their version of the bill and meet to work out the differences. If the conference committee reaches a compromise, it prepares a written conference report, which is then submitted to each chamber. The conference report must be approved by both the House and the Senate.

Once the conference report has been approved by both the House and the Senate, the resulting bill returns to the House and Senate for final approval.

The President's role

The President can choose to approve the bill and sign it into law. However, if the President does not agree with the bill, they can veto it and send it back to Congress with a note listing their reasons. If the President does not sign the bill and Congress is no longer in session, the bill will be vetoed by default, in what is known as a "pocket veto". This cannot be overridden by Congress.

If the President vetoes the bill, the chamber that originated the legislation can attempt to override the veto by a two-thirds vote of those present. If the veto is overridden by both chambers, the bill becomes a law.

Frequently asked questions