Emergency Bills: Fast-Track To Becoming A Law

The process of an emergency bill becoming a law can vary in duration, from a single day to 100 years. In the case of emergency legislation, the bill is fast-tracked and passes through all the normal stages of passage in each House, but on an expedited timetable. This means that the bill is not assigned to a committee and does not go through the Committee of the Whole (COW) process. Mayoral review is still required, and emergency legislation can be in effect for a maximum of 90 days.

A bill is introduced by a member of Congress, or a group of members, in the House of Representatives or the Senate

A bill can be introduced in the House of Representatives by any member. Legislation is handed to the clerk of the House or placed in the hopper. The bill is then assigned a number (e.g. HR 1) and the name of its sponsor. It is then sent to the Government Printing Office (GPO) and copies are made.

In the Senate, a member must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is then assigned a number (e.g. S 1) and the name of its sponsor. Senate bills can be jointly sponsored. Members can also cosponsor the piece of legislation.

The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees.

The bill is placed on the calendar of the committee to which it has been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).

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. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.

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 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:

• Members can move rules to be suspended (requires 2/3 vote)
• A discharge petition can be filed
• The House can use a Calendar Wednesday procedure

The bill is then placed on one of four House Calendars. They are usually placed on the calendars in the order of which they are reported yet they don't usually 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. (Legislation can also be brought to the floor by a discharge petition.)

The bill is assigned to a committee, which will research, discuss, and make changes to it

Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to it. The committee will carefully examine the bill and determine its chances of passage by the entire Congress. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. If the committee does not act on a bill, the bill is considered to be "dead".

The bill can be assigned to a subcommittee by the committee chairman. Subcommittees are organized under committees and have further specialization on a certain topic. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.

When the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They will make changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

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.

The bill is then put before the chamber to be voted on

Once a bill has been introduced, it is assigned to a committee for study. 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. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.

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 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 (requires 2/3 vote) 2) a discharge petition can be filed 3) the House can use a Calendar Wednesday procedure.

The bill is then placed on the Calendar:

• House: Bills are placed on one of four House Calendars. They are usually placed on the calendars in the order of which they are reported yet they don't usually 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.
• Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.

If the bill passes one body of Congress, it goes to the other body to repeat the process

If a bill passes one body of Congress, it goes to the other body to repeat the process. In the case of an emergency bill, this process is much quicker.

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 U.S. House of Representatives. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees.

When the bill reaches the committee, the committee members—groups of Representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill back to the House floor. If the committee members would like more information before deciding if the bill should be sent to the House floor, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

When the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives. When a bill is debated, Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section, and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

There are three methods for voting on a bill in the U.S. House of Representatives:

• Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.”.
• Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.
• Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).

If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.

When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.”. If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to go to the President.

If both bodies pass the bill, they must work out any differences between the two versions, then both chambers vote on the same version

If both bodies pass the bill, the next step is to form a conference committee. This committee is made up of members from each house and they meet to work out the differences between the two versions of the bill. 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.

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 this is done, the bill is sent to the President for review.

Frequently asked questions