The Legislative Process: A Practice Test Guide

The process of how a bill becomes a law is a complex one, and it's important to understand the legislative process to appreciate the work of Congress. In the US, laws begin as ideas, which can come from sitting members of the Senate or House of Representatives, or be proposed by citizens or advocacy groups. These ideas are drafted into bills, which are then introduced in either house. Bills are assigned to committees for study and hearings, before being voted on. If a bill passes by a simple majority, it moves to the other house, where the process is repeated. Once a bill has passed both houses, it is sent to the President, who can sign it into law or veto it. Congress can override a presidential veto with a two-thirds majority vote. This process ensures that laws are carefully considered and that all sides are given the opportunity to be heard.

The bill is proposed

The legislative process begins with an idea for a new law or a change to an existing law. This idea can come from a sitting member of the U.S. Senate or House of Representatives, or it can be proposed by citizens or advocacy groups during a member's election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to their representative.

Once a representative has written a bill, they need to find a sponsor. They will talk to other representatives to get their support for the bill. Once the bill has a sponsor and the support of some representatives, it is ready to be introduced.

The Bill is Introduced

In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper, a special box on the side of the clerk's desk. Only representatives can introduce bills in the House. A bill clerk then assigns it a number that begins with H.R. A reading clerk reads the bill to all the representatives, and the Speaker of the House sends the bill to one of the House standing committees.

The bill is introduced

The bill's sponsor, the primary Congress member supporting it, will have talked with other Representatives beforehand to get their support. They may also have circulated the bill and asked other members to sign on as co-sponsors to demonstrate a solid base of support for the idea.

After being introduced, the bill is sent to one of the House standing committees by the Speaker of the House. In the Senate, bills are submitted to clerks on the Senate floor and are then typically referred to a committee.

Bills that aim to raise money must originate in the House of Representatives.

The bill goes to committee

Once a bill has been introduced, it is referred to a committee. Both the House and the Senate have committees composed of groups of Congress members with specific interests, such as health or international affairs. The committee will carefully examine the bill and assess its chances of passage by Congress.

Committees may hold hearings to better understand the implications of the bill and to put the views of the executive branch, experts, other public officials, supporters, and opponents on the record. If the committee does not act on a bill, it is considered "dead". The committee may also assign the bill to a subcommittee, which will study the bill further and hold its own hearings. The subcommittee can make changes to the bill and must vote to refer it back to the full committee.

Once hearings and subcommittee reviews are complete, the committee will meet to "'mark up' the bill." They will make changes and amendments before recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

After 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 may write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar.

The bill is 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 before reaching the floor. The committee 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: 1) members can move rules to be suspended (which requires a two-thirds vote); 2) a discharge petition can be filed; or 3) the House can use a Calendar Wednesday procedure.

Legislation is placed on the Calendar. In the House, bills are placed on one of four House Calendars, usually in the order they are reported, although they don't typically come to the floor in this order. Some bills never reach the floor at all. The Speaker of the House and the Majority Leader decide what will reach the floor and when. In the Senate, legislation is placed on the Legislative Calendar. There is also an Executive Calendar to deal with treaties and nominations. Scheduling legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.

House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill—no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.

Senate: Debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane—riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death."

The bill is voted on

The bill is sent to the House or Senate floor to be debated and voted upon. The bill may be approved by a majority vote or denied. If the bill passes by a simple majority, it moves to the other house. In the case of the House of Representatives, this means a majority of 218 out of 435, and in the Senate, it means a majority of 51 out of 100.

Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting. If the bill is passed, it is then sent to the other house to go through a similar process of research, discussion, changes, and voting.

If the second house passes a different version of the bill, members of both houses meet as a conference committee to work out disagreements. When finished, both floors vote on the new bill, and it may be approved by a majority vote or rejected.

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